A/HRC/8/7*
page 19
give rise to legal questions, particularly adding “similar”, which would be unclear. In adopting
this provision, the Working Group agreed to mention in the report that they understood the
wording in a broad and comprehensive way that would include other international (including
regional) procedures.
152. Subparagraph (d) was accepted as drafted.
153. With regard to subparagraph (e), the Chairperson suggested adding “frivolous”. Most
delegations did not favour the inclusion of this word. China and India supported adding a
requirement that communications could not rely mainly on second-hand information.
154. Subparagraphs (f) and (g) were accepted as drafted.
155. The United Kingdom, supported by Australia, Canada, Denmark, Ireland, Japan,
New Zealand, Norway, Poland, Sweden and the United States, submitted an amended version to
subparagraph 2 (d) bis, as a new paragraph 3, which reads: “The Committee may decline to
consider a communication where it does not appear to reveal that the author has been
significantly disadvantaged”, noting that this text offered flexibility to the Committee to allocate
time and resources effectively.
156. Argentina, Brazil, Chile, China, Ecuador, Egypt (on behalf of the African Group), Finland,
France, India, Mexico, the Netherlands, Portugal, the Russian Federation, Switzerland and
several non-governmental organizations did not favour proposed paragraph 3. Delegations
underlined concerns raised in the first part of the session about the expression “significantly
disadvantaged” (see paragraph 60 above).
157. China was concerned that, with the word “may” and with no criteria that the Committee
has to apply in deciding not to consider a communication being provided for, any double
standard would be to the detriment of the uniform application of the protocol. The
United Kingdom said that, while it would have preferred “shall”, it considered that the
Committee should be relied upon to adopt a consistent approach in the light of its workload and
the prevailing circumstances.
Article 5
158. With regard to paragraph 1, Brazil, Ecuador, Ethiopia, Finland, Germany, the
Islamic Republic of Iran, Mexico and Portugal preferred the text as drafted. Argentina,
Bangladesh, Brazil, Canada, Denmark, Egypt, France, Germany, Greece, Japan, Mexico, the
Netherlands, Portugal, Spain, Sweden, the United Kingdom and the United States supported
including “as may be necessary in exceptional circumstances”, as suggested by the Chairperson.
Finland, Switzerland, Amnesty International, ICJ and the NGO Coalition considered the
amendment redundant.
159. Liechtenstein proposed replacing “for its urgent consideration a request that the State party
take such interim measures” with “a request that the State party urgently consider taking such
interim measures”.
160. Norway proposed adding at the end of the paragraph “bearing in mind the voluntary nature
of compliance with such requests”. A number of delegations supported the proposal, while others
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