A/HRC/8/7*
page 10
Article 7
72. Several delegations were in favour of retaining article 7; others preferred its deletion or its
inclusion in the rules of procedure. Australia, Bangladesh, Guatemala, Indonesia, South Africa
and the United Kingdom indicated preference for the original text of draft article 7. China noted
that friendly settlements should be confined to inter-States procedures.
73. With regard to paragraph 1, Portugal and the Russian Federation supported the bracketed
text “within a reasonable period of time”. Argentina and the United Kingdom preferred deletion
of this text; Guatemala advised referring to a specific period of time.
74. Venezuela (Bolivarian Republic of) expressed support for the bracketed text about friendly
settlement, while Argentina, Portugal, the Russian Federation and the United Kingdom preferred
its deletion. Indonesia proposed replacing it with text referring to the exhaustion of all available
domestic remedies before making use of a friendly settlement mechanism.
75. Venezuela (Bolivarian Republic of) agreed to the bracketed text about reaching a
conclusion; Argentina, Guatemala, the Russian Federation and the United Kingdom preferred its
deletion.
76. Several delegations were in favour of the bracketed text “[T]he terms of a friendly
settlement shall be subject to review and approval by the Committee.” Poland supported giving
the Committee the competence to review but not approve the terms. Australia, Austria, Germany,
Ghana, the Russian Federation, the Syrian Arab Republic, the United Kingdom and Venezuela
(Bolivarian Republic of) preferred its deletion.
77. On paragraph 2, Mexico, Portugal and the Russian Federation supported the insertion of
the bracketed text “[T]he full implementation of”, while Venezuela (Bolivarian Republic of)
wished to delete it. The Syrian Arab Republic preferred to delete only “full”. Poland preferred
the original text providing for closure of the procedure at the moment of reaching a friendly
settlement.
78. The Russian Federation and the United Kingdom favoured retaining the original language
“shall be deemed to close”; France preferred replacing it with the word “closes”.
79. With regard to paragraph 3, several delegations favoured its deletion. Germany supported
its retention. The Netherlands suggested inserting the word “negotiations” after the words “end
the friendly settlement”. Senegal considered that the Committee should have the power to
intervene only if the result of the friendly settlement had not been achieved; New Zealand
considered that the Committee should not be able to terminate the process unilaterally.
80. Bangladesh, the Russian Federation and the United Kingdom requested the deletion of
paragraph 4.
Article 8
81.
Australia and New Zealand preferred the original title “Consideration of the merits”.
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