information, which could make the process potentially overwhelming; the
formulation thus needed to be considered further.
45. The Working Group agreed ad referendum on article 7 (2) of document
E/CN.6/1997/WG/L.1.
46. While many delegations expressed support for the formulation contained in
article 7 (3) of document E/CN.6/1997/WG/L.1, other delegations noted that no
reference should be made either to the adoption by the Committee of its views or
to its recommendations. In that regard it was noted by some delegations that
the current formulation reflected the sequence of actions taken by the Committee
and established practice of other treaty bodies. They also pointed out that the
paragraph dealt with the conclusion of the Committee’s examination of a
communication - that is, after the State party had been given the opportunity to
submit its comments and information to the Committee.
47. Some delegations proposed the addition of a paragraph which would allow the
State party concerned to participate in proceedings before the Committee, in
accordance with the practice under certain international conventions. Other
delegations noted that the procedures referred to were of a different type that is, inter-State procedures, rather than communications procedures. They
could therefore not support such a proposal. They emphasized that the practice
of similar mechanisms was essentially written in nature. Some delegations noted
that if there were to be a provision allowing oral presentation by the State
party, the same right would need to be granted to the petitioner in order to
ensure equality.
Article 8
48. While several delegations expressed support for the article as contained in
document E/CN.6/1997/WG/L.1, other delegations considered that the inclusion of
such a provision in the optional protocol would represent a major step which
needed careful consideration. Still other delegations considered the article to
be redundant and proposed its deletion, doubting the appropriateness of a
provision which would allow the Committee to request States parties to take
specific remedial measures. Several delegations noted that States parties were,
in any case, under an obligation to remedy violations, and therefore saw no
reason for explicitly including such a provision in the optional protocol.
49. Some delegations noted that the essence of article 8 (1) was already
reflected in article 7 (3) of document E/CN.6/1997/WG/L.1 and should therefore
be merged with it. It was also suggested by some delegations that the question
of remedial measures should be regulated in the Committee’s rules of procedure
and left to the practice of the Committee.
50. Several delegations were in favour of maintaining explicit language
regarding the State party’s obligation to provide an appropriate remedy,
including adequate reparation. They pointed out that the inclusion of such a
provision in the optional protocol would be a contribution by the Working Group
to the progressive development of international law with regard to the right to
reparation for human rights violations.
51. Many delegations expressed support for the intent reflected in
article 8 (3) of document E/CN.6/1997/WG/L.1, which would build on the existing
practice under similar existing procedures of continuing dialogue between the
Committee and the State party after the determination of a communication and the
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