A/HRC/8/7*
page 13
99. With regard to article 10, paragraph 6, Australia noted that States should be able to provide
comments on the report before it was made public.
100. On article 11, Canada and New Zealand preferred its deletion, as follow-up issues could be
dealt with in the rules of procedure. If retained, New Zealand suggested that the non-binding
nature of the procedure be clarified by adding the words “if any” between the words “taken” and
“in response”.
101. Several delegations expressed flexibility or support for an inquiry procedure, as long as it
remained optional, as provided for in article 11 bis. Others were of the view that the procedure
should not be optional, but expressed flexibility on this point. Some delegates suggested
replacing the opt-out mechanism with an opt-in one, while others cautioned against this change.
The Russian Federation favoured merging articles 10 and 11 bis to make clear that the procedure
was optional.
102. The Russian Federation expressed concern at the power given to the Committee to launch
an inquiry. India requested clarification as to whether an inquiry procedure could be triggered in
the absence of a communication and, if so, on which grounds.
Article 12
103. Canada, France, Germany, the Netherlands, New Zealand, the United States and
Amnesty International supported the retention of article 12. Australia, Belgium, Canada, the
Islamic Republic of Iran and Switzerland preferred reverting to the initial draft, in line with
article 11 of the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women.
104. Australia, Belgium, Canada and Switzerland noted that reference to “individuals” only
would be sufficient. New Zealand inquired whether the word “authors” would not cover all
situations.
105. Australia, Belgium, Canada and Switzerland underlined that the words “ill-treatment” and
“intimidation” covered various threats. France emphasized that the words “form of ill-treatment,
reprisal, victimization or intimidation” should cover any restrictions to access remedies.
Amnesty International proposed amending the text to read “any threats, intimidation or denial of
any human rights or fundamental freedom”. COHRE proposed replacing these words with “any
form of pressure”. The United States noted that the words “subject to its jurisdiction” should be
made consistent with article 2, paragraph 1.
106. The Netherlands suggested that article 12 could become article 8 ter as it related to the
individual communication procedure.
Articles 13
107. Algeria, Austria, Egypt (on behalf of the African Group), the Russian Federation and the
United States supported article 13. Italy, Liechtenstein, Sweden and Switzerland preferred the
original language. Canada and Liechtenstein considered that article 22 of the Covenant provided
a better mechanism for identifying international assistance needs and Canada sought the deletion
of article 13.
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