Element 16
84. Several delegations supported the establishment of a working group of the
Committee. This would be in line with the practice of the Human Rights
Committee, and would be an effective and efficient method for preparing the work
of the Committee as a whole. At the same time, several delegations pointed out
that the term "its responsibilities", used in the element, was inappropriate as
the Committee would not delegate any authority to the working group. A working
group could simply have responsibility for preparing or expediting the handling
of communications for the Committee as a whole. They emphasized that only the
Committee as a whole could have the power to adopt decisions, including
decisions on the admissibility of communications. Thus, the following
formulation was proposed: "responsibilities for the preparation of
consideration of cases ...".
85. Some delegations, noting that the element covered simply a method of work
of the Committee, proposed that the provision should be dealt with in the
Committee’s rules of procedure, instead of in the optional protocol.
86. Some delegations noted the need for further clarification of the nature,
function, role and power of a working group of the Committee. The different
types and functions of working groups established under human rights treaty
bodies, and under Charter-based procedures, were identified.
General comments on an inquiry procedure
87. Some delegations supported the inclusion of an inquiry procedure in an
optional protocol as a means of dealing with serious and systematic violations
of women’s human rights. The existence of a similar procedure under the
Convention against Torture, article 20, and at regional levels, was noted. The
Working Group was informed, however, that this procedure under the Convention
against Torture had only been used once. Other delegations expressed doubts
about the need to have the inquiry procedure proposed in suggestion 7 included
in the optional protocol. Some delegations suggested that alternatives for
achieving the intention behind an inquiry procedure should be explored fully.
Some delegations noted that any new instrument should enjoy the broad acceptance
of States parties.
88. Several delegations suggested that possibilities within the Convention on
the Elimination of All Forms of Discrimination against Women itself, which would
apply to all States parties, should be pursued, such as developing an inquiry
procedure under the Committee’s existing mandate and rules of procedure. The
establishment of an early warning mechanism under the Committee on the
Elimination of Racial Discrimination was cited as an example. Introduction of
time-bound follow-up to the Committee’s concluding comments on States parties
reports under article 18 was suggested. Other delegations recommended further
study of the possibilities for addressing serious and systematic violations in
the framework of reporting under article 18, including follow-up to the
Committee’s concluding comments, and the request for in accordance with
article 18.1 (b).
89. Some delegations proposed that element 7 be drafted to enable the Committee
to deal with situations of serious and systematic violations under a
communications procedure. Universal accession to existing instruments should be
promoted. Other delegations emphasized the need to strengthen existing
procedures, including the communications procedure of the Commission on the
Status of Women and the 1503 procedure.
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