finding of a violation. At the same time, several delegations suggested that
the intent of the provision be added to article 7, in a new article 7 (4),
rather than remaining in article 8.
52. Several delegations expressed their concern that the proposal on follow-up
to concluded communications might establish a parallel procedure to the
reporting procedure in article 18 of the Convention and that that should be
avoided. They suggested that the State party ought to be given an opportunity
to provide its comments on the Committee’s views with regard to a concluded
communication, so as to allow for a reflection of a State party’s potential
disagreement with the Committee’s views in the Committee’s annual report. Other
delegations noted that States parties would be requested to provide their
comments and information at all the various stages of the consideration of a
communication.
53. Some delegations suggested that any follow-up, including follow-up on
measures taken by the State party, should be included in the periodic reports of
that State party. Other delegations noted that the reporting procedure and the
communications procedure under an optional protocol, including any follow-up to
the views of the Committee, were two separate procedures which ought to be kept
separate. The long period of time between periodic reports would make any
follow-up to communications through the reporting process less meaningful.
Article 9
54. Several delegations underlined the importance of including a complete
follow-up mechanism in the optional protocol, noting that the absence of such a
mechanism was considered a weakness in similar existing procedures. The
Committee resource person stressed the importance of a continuing and
constructive dialogue between the Committee and the State party.
55. As to the differences between the provisions contained in articles 8 (3)
and 9 (2), it was pointed out that article 8 (3) dealt with the short-term
follow-up, whereas 9 (2) would cover ongoing and long-term monitoring by the
Committee in the framework of the reporting procedure of a situation that had
given rise to a violation. In that regard, some delegations noted that parallel
overlapping procedures should be avoided and that follow-up to the
communications procedure should be limited to the steps proposed in
article 9 (2), with the deletion of article 8 (3). Noting the different
objectives of articles 8 (3), 9 (1) and 9 (2), several delegations supported the
separate retention of the three provisions.
56. Several delegations were in favour of retaining the provisions of article 9
and stressed the importance of a dialogue between the Committee and the State
party as a means of ensuring added protection to the individual in the short and
long term. Some noted that the term "discuss" used in article 9 (1) was not
entirely clear as it seemed to suggest an oral discussion between the Committee
and the State party, which was not considered to be desirable or intended.
Several delegations pointed out that article 8 (3) should be maintained as a
mandatory short-term follow-up to the Committee’s views on a communication,
whereas article 9 (1) and (2) would cover further dialogue, if appropriate,
possibly in the framework of the reporting procedure. Some delegations
suggested deletion of article 9 (1), in the light of doubts raised in
conjunction with the appropriateness of article 8 and because it raised major
issues of jurisdiction and sovereignty.
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