A/HRC/8/7*
page 27
221. Egypt (in a national capacity) fully welcomed and supported the transmission of the text to
the Council.
222. Morocco considered that the text met the concerns of delegations, provided the best
possible compromise, and that the Council should adopt the protocol as soon as possible.
223. Denmark reserved its final position on the draft and stated that the decision to forward the
draft to the Council represented neither an agreement on the text as a whole nor support for all
elements in it. Denmark remained sceptical of an individual complaint mechanism. The nature
and progressive realization of economic, social and cultural rights made them insufficiently
justiciable and less suited for such a mechanism, which could potentially interfere, unwarranted,
with national policy measures.
224. The Netherlands was satisfied that several of its concerns had been accommodated and that
useful compromise solutions had been found in some instances. Given that its overriding
interest - the possibility to opt out from the right of complaint with regard to certain
provisions - had not been accommodated, it reserved its final position on the draft.
225. Japan noted that it was less than satisfied with the draft, as arguments on some articles to
which it attached importance had not been settled and its proposals not reflected.
226. Canada remained concerned about establishing a communications procedure for economic,
social and cultural rights, given their different nature as progressively realizable. Some Covenant
rights, set out in broad and vague terms, could not be easily subjected to quasi-judicial
assessment. It regretted the rejection of an à la carte approach, which would have facilitated
broader acceptance of the procedure. It was not fully satisfied with the language intended to
ensure appropriate deference to sovereign State prerogatives for resource allocations and
policymaking. It did not support the inclusion of a trust fund, was concerned that the inclusion of
additional mechanisms would overburden the Committee and duplicate existing mechanisms,
emphasized the non-binding character of interim measures, and noted that the Committee should
only consider documentation from regional human rights systems concerning instruments
ratified by a State party.
227. Spain would have liked a higher threshold for protection of Covenant rights, but
recognized that the text reflected a consensus and was a significant step towards the effective
protection of these rights. It addressed an historic inequality between artificially created
categories of rights.
228. Poland was not fully satisfied with the text and reserved its position with a view to further
deliberations in the Council. It noted that Poland would not be bound by case law developed
under the protocol if it did not ratify this instrument; Part II of the Covenant should be applied in
line with article 31 of the Vienna Convention on the Law of Treaties; article 8, paragraph 4 of
the protocol would be interpreted in the light of the whole text of article 2, paragraph 1 of the
Covenant; as to the material scope of application, Part II of the Covenant could only be invoked
in conjunction with the rights in Part III; the application of interim measures would be left to the
discretion of the State party and the non-application of an interim measure would not imply a
violation of the protocol’s provisions; and article 9 excluded the possibility of recommending
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