5.
In all cases, and in particular in all matters relating to this article, the best interests of
the child shall be a primary consideration, and a child who is capable of forming his or her own views
shall have the right to express those views freely, the views of the child being given due weight in
accordance with the age and maturity of the child.
PART II
Article 26
1.
A Committee on Enforced Disappearances (hereinafter referred to as “the
Committee”) shall be established to carry out the functions provided for under this Convention. The
Committee shall consist of ten experts of high moral character and recognized competence in the field
of human rights, who shall serve in their personal capacity and be independent and impartial. The
members of the Committee shall be elected by the States Parties according to equitable geographical
distribution. Due account shall be taken of the usefulness of the participation in the work of the
Committee of persons having relevant legal experience and of balanced gender representation.
2.
The members of the Committee shall be elected by secret ballot from a list of persons
nominated by States Parties from among their nationals, at biennial meetings of the States Parties
convened by the Secretary-General of the United Nations for this purpose. At those meetings, for
which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee
shall be those who obtain the largest number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
3.
The initial election shall be held no later than six months after the date of entry into
force of this Convention. Four months before the date of each election, the Secretary-General of the
United Nations shall address a letter to the States Parties inviting them to submit nominations within
three months. The Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the State Party which nominated each candidate, and shall submit this list to all
States Parties.
4.
The members of the Committee shall be elected for a term of four years. They shall
be eligible for re-election once. However, the term of five of the members elected at the first election
shall expire at the end of two years; immediately after the first election, the names of these five
members shall be chosen by lot by the chairman of the meeting referred to in paragraph 2 of this
article.
5.
If a member of the Committee dies or resigns or for any other reason can no longer
perform his or her Committee duties, the State Party which nominated him or her shall, in accordance
with the criteria set out in paragraph 1 of this article, appoint another candidate from among its
nationals to serve out his or her term, subject to the approval of the majority of the States Parties. Such
approval shall be considered to have been obtained unless half or more of the States Parties respond
negatively within six weeks of having been informed by the Secretary-General of the United Nations of
the proposed appointment.
6.
The Committee shall establish its own rules of procedure.
7.
The Secretary-General of the United Nations shall provide the Committee with the
necessary means, staff and facilities for the effective performance of its functions. The SecretaryGeneral of the United Nations shall convene the initial meeting of the Committee.
8.
The members of the Committee shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations, as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
9.
Each State Party shall cooperate with the Committee and assist its members in the
fulfilment of their mandate, to the extent of the Committee’s functions that the State Party has
accepted.
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