A/HRC/8/7*
page 18
United States favoured referring to “any rights set forth in Part III read in conjunction with
Part II of the Covenant”. Morocco reiterated its position that the application of the protocol
should be limited to rights that are only specific to the Covenant. The NGO Coalition cautioned
against exclusion of Part I of the Covenant from the protocol. China and India stated that Part I
of the Covenant should be excluded from the scope of the article.
145. With regard to paragraph 2, Bangladesh, Belgium, Brazil, Chile, Ecuador, Egypt (on behalf
of the African Group), Finland, France, Germany, Mexico, Morocco, Peru, Portugal, Slovenia,
South Africa, Spain, Uruguay and Venezuela (Bolivarian Republic of) supported a
comprehensive approach and called for the deletion of this paragraph. Italy and Sweden
supported a comprehensive approach, provided that the optional protocol allowed States a wide
margin of appreciation to determine freely the best use of their resources.
146. Canada, China, Greece, Japan, the Netherlands, New Zealand, Norway, Switzerland, the
United Kingdom and the United States supported the retention of the paragraph. The
United States suggested that the reference to specific articles should be changed to read “any
rights set forth in Part III read in conjunction with Part II of the Covenant”. Austria, Denmark,
the Republic of Korea and Turkey supported an opt-out clause. Japan and Poland preferred an
opt-in clause, as proposed by Canada, but remained open to consider an opt-out approach. Latvia
and the Russian Federation favoured an à la carte approach. China stated that an opt-out
approach should not be applied to article 2, paragraph 1, of the Covenant.
Article 3
147. The Working Group approved its deletion.
Article 4
148. With regard to paragraph 1, the Working Group agreed to delete “or unlikely to bring
effective relief”. ICJ expressed concern about the deletion, arguing that no one should be
required to exhaust futile remedies.
149. Paragraph 2, subparagraph (a) was approved by the Working Group as amended, replacing
“six months” with “one year”.
150. Subparagraph (b) was accepted as drafted.
151. Subparagraph (c) was approved as drafted after some discussion. Egypt (on behalf of the
African Group) and Senegal requested a reference to “international procedures of similar
character”. Bangladesh, Egypt, France, the Islamic Republic of Iran and Senegal proposed
deleting “investigations” and referring to “similar procedures of settlement”. Guatemala
suggested adding the word “complaints”. India and the Russian Federation proposed referring to
“another procedure of international consideration of communications or settlement”. The
Syrian Arab Republic preferred mentioning “settlement, complaint and investigation”. Australia,
Austria, Brazil, Greece, Liechtenstein, Mexico, the Netherlands, Norway, Portugal, the
Russian Federation and the United Kingdom cautioned against changing to language that might
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