submission of a communication, others argued that all admissibility criteria
ought to be contained in a later article - namely, article 4.
Article 3
21. Many delegations expressed support for the formulation proposed in document
E/CN.6/1997/WG/L.1 as it was similar to language used in comparable existing
international procedures. Some delegations noted that inclusion of language
requiring transmission of admissible communications to the State party concerned
was dealt with in a later article and thus did not need to be addressed at the
current stage. The Working Group adopted the article ad referendum.
Article 4
22. In considering admissibility criteria, many delegations expressed support
for an approach which would place the optional protocol on an equal footing with
similar international procedures. They noted that a higher admissibility
threshold than in other procedures would be discriminatory to women.
23. The Working Group considered the possibility of combining all admissibility
criteria - that is, articles 3 and 4 - into one single article. It was,
however, found that the criteria contained in article 3 were preconditions of
receivability of a communication rather than admissibility criteria
strictu sensu.
24. The Working Group attempted to combine the admissibility criteria of
article 4 under one chapeau but found that to be difficult. Many delegations
expressed support for the formulation contained in article 4 (1) of document
E/CN.6/1997/WG/L.1. It was noted that a formulation which would require the
Committee itself to ascertain whether certain criteria were met was potentially
too burdensome. Therefore, a formulation should be sought in the chapeau which
would lead to a declaration of inadmissibility on the face of the communication.
25. The Working Group agreed ad referendum on the inclusion of a number of
admissibility criteria, including the following: that a communication not be
incompatible with the provisions of the Convention; that it not be an abuse of
the right to submit a communication; and that available domestic remedies be
exhausted. Some delegations suggested the addition to the last-mentioned
criterion of the notion that such exhaustion be determined in accordance with
generally recognized rules of international law, whereas others felt that a more
specific qualification should be added which would cover the ineffectiveness or
undue prolongation of such domestic remedies. Others were of the opinion that
no qualification should be added. It was also suggested that it should be the
duty of the petitioner to establish the ineffectiveness of domestic remedies.
26. Some delegations suggested that a criterion covering manifestly ill-founded
communications be included. A number of delegations noted that such a
criterion, while found in a number of regional instruments, was not to be found
in any comparable international procedure. While some delegations proposed the
addition of obviously political motivation as a criterion of inadmissibility,
many others suggested that that was a particular example of an abuse of the
right to submit a communication and argued that specificity was unnecessary.
Other delegations argued that the submission of unfounded accusations and
distorted facts formed the core of an abuse of the right to petition granted
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