A/HRC/8/7*
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Committee was not the appropriate body to administer the fund, while Egypt (on behalf of the
African Group) clarified that the fund would not be administered by the Committee alone.
184. With regard to paragraph 3, Argentina, Australia, Bangladesh, Belgium, Germany, India,
Sweden and Switzerland indicated their support for providing assistance to victims. Bangladesh
and Sweden suggested replacing “legal aid” with “aid” or “assistance”. Belgium and Switzerland
proposed replacing “alleged victim” with “victim or victims of alleged violations”. Australia
favoured retaining “alleged victim”. Canada and France stated that the fund should not be used
to compensate victims of violations, a duty of the State party. Belgium, Canada and the
United States did not favour making assistance to victim(s) dependent on “the consent of the
State party concerned”, while India favoured this clause.
185. Canada, China, Egypt and the United States expressed concerns at a legal aid fund that had
no precedent in other instruments. The United States considered that the Committee was not in a
position to fund complaints that it would be reviewing, while Switzerland disagreed.
186. Australia, Denmark, Germany, Japan, Sweden, the United Kingdom and the United States
cautioned against the wording “technical assistance to Governments” being understood as yet
another development fund. The United Kingdom and India argued that the fund could only be
linked to the implementation of the optional protocol, in line with article 7 of the Optional
Protocol to the Convention on the Rights of the Child on the involvement of children in armed
conflict. Germany proposed replacing the last part of paragraph 3 with “and to provide expert
and technical assistance to States parties to develop new and to further contribute to existing
national human rights capacities in the area of economic, social and cultural rights, as the
Committee may consider appropriate”.
187. Egypt (on behalf of the African Group), supported by Bangladesh and the Islamic Republic
of Iran, proposed replacing “separate project within an existing Trust Fund of the OHCHR” with
“mechanism” and amending the objectives to read: “(a) to provide expert and technical
assistance to Governments for the implementation of the rights recognized in the Covenant; (b)
to grant aid to a victim of a violation, after having examined the communication and made a
determination on the merits, in connection with the presentation of the case”. Belgium and
Switzerland preferred the deletion of “as the Committee may consider appropriate”.
188. Belgium, Egypt (on behalf of the African Group), India, the Islamic Republic of Iran,
Senegal and Switzerland considered that legal aid should be available to potential victims once a
communication had been declared admissible.
189. Liechtenstein cautioned against a two-class system between States parties to the protocol
and States parties to the Covenant only in terms of receiving assistance from the fund. CETIM
underlined the importance of international assistance and cooperation in the implementation of
the Covenant.
190. The Russian Federation pointed out that a reference to technical assistance was already
reflected in article 13, paragraph 2. Liechtenstein, in support of that argument, emphasized the
need to clarify the relationship between paragraphs 1, 2 and 3, suggested deleting paragraph 3
and adding the following sentence at the end of paragraph 1: “For the provision of such technical
advice or assistance by the OHCHR, a separate project, within an existing Trust Fund, shall be
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