A/HRC/WG.7/2/3
13.
Regarding article 3 (collective communications), the Committee welcomes the
inclusion of a collective communications procedure, as set forth in this provision. The
Committee underscores the particular challenges that some children necessarily face in their
access to justice, including the pursuit of remedies at the domestic level, and those
challenges are necessarily compounded when approaching the more remote reaches of the
Committee in Geneva. A collective communication procedure will, inter alia, allow the
Committee to perform its own functions better in ensuring compliance with Convention
obligations by allowing it to address a problem affecting an indeterminate number of
persons in a single procedure, rather than to engage in consideration of a series of similar
communications arising out of the same situation.
14.
The Committee believes however, that the capacity of non-governmental
organizations to submit collective communications should not be limited to those in
consultative status with the Economic and Social Council. By doing so, the optional
protocol may unduly constrain the flexibility that the Committee may need to exercise. The
Committee would consider it appropriate to develop its own criteria for approving nongovernmental organizations in order to ensure the effectiveness of the procedure.
15.
Furthermore, the Committee considers it too restrictive to limit collective
communications to situations of grave or systematic violations of the Convention. In its
view, a clear distinction should be made between the procedure under article 3 and the one
described in article 10 (inquiry procedure for grave or systematic violations). The
specificity of the collective communication procedure should not be based on the nature of
the alleged violation, but mainly on the fact that it concerns a group of alleged victims who
cannot be all identified by name.
16.
Lastly, the Committee is of the view that paragraph 2 of article 3 should be removed,
for the same reasons as those indicated in paragraph 10 above.
17.
Regarding article 5 (interim measures), the Committee would welcome the inclusion
of additional language making explicit the obligation of States to take all necessary steps to
comply with interim measures.
18.
With respect to article 6 (transmission of the communication), the Committee
considers that, for the State party to take action on a communication submitted to it, the
identity of the alleged victim cannot be withheld. Accordingly, the following language is
suggested for paragraph 2: “The identity of any individual or group of individuals
concerned is not public and is revealed to the State party only for the purpose of the
procedure. The communication remains confidential, unless the expressed consent of the
individual or individuals concerned is given, until the Committee adopts its final decision
on it.”
19.
Regarding article 7 (friendly settlement), the Committee would welcome the
inclusion in the draft of language allowing it to develop a follow-up procedure to monitor
the implementation of any friendly settlement and to allow for the possibility of reopening
(by the Committee) or resubmitting (by the author) communications in cases of nonimplementation or unsatisfactory implementation of the settlement. The Committee would
also welcome the inclusion of language to the effect that the Committee will develop
precise rules to provide adequate supervision for friendly settlement processes.
20.
Regarding article 8 (consideration of the merits), taking into consideration that the
child is an individual with the right to be heard, the Committee should have the possibility
of hearing the child or children concerned when it examines the merits of a communication
not submitted directly by the child or children. Accordingly, article 8 should indicate that,
when appropriate, the Committee will seek and invite the child or children to express their
views (orally or in writing) in a manner compatible with the necessary celerity of the
procedure and the spirit of article 12 of the Convention.
4
GE.10-16956
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