A/HRC/8/7*
page 9
Article 5
60. Several delegations and non-governmental organizations supported the inclusion of interim
measures in the optional protocol, while others preferred their inclusion in the rules of procedure.
Algeria and the Russian Federation proposed the deletion of article 5.
61. With regard to paragraph 1, Canada, China, Denmark, Italy, Ireland, Poland, Spain, the
United Kingdom and the United States favoured the addition of “in exceptional circumstances”.
62. Australia, Egypt (on behalf of the African Group), South Africa, the Syrian Arab Republic
and Venezuela proposed deleting the bracketed text “taking into account the availability of
resources”. China, India and Nepal preferred its retention.
63. Egypt (on behalf of the African Group) supported the use of the word “harm” instead of
“damage”.
64. Australia and Egypt (on behalf of the African Group) preferred deleting the bracketed text
“and based on reliable information”; China preferred its retention.
65. Bangladesh, Egypt (on behalf of the African Group), India, Ireland and Poland suggested
that interim measures should only be granted after a communication had been declared
admissible.
66. Norway and Sweden proposed adding “bearing in mind the voluntary nature of such
requests” at the end of the paragraph. Some States supported this proposal. Others noted that its
inclusion was not necessary, as the views and requests of treaty bodies such as the Committee on
Economic, Social and Cultural Rights were non-binding and voluntary in nature.
67.
With regard to paragraph 2, several delegates supported its retention.
Article 6
68. With regard to paragraph 1, several delegations preferred deleting the bracketed text. It
was noted that a State would not be able to respond appropriately to a communication if it did
not know the identity of the author, and that concerns about the safety of individuals were
covered by article 12.
69.
Austria and Bangladesh noted that this issue could be dealt with in the rules of procedure.
70. Portugal, Mexico, ICJ, IWRAW Asia-Pacific and the NGO Coalition favoured the
retention of the bracketed text.
71. With regard to paragraph 2, the Netherlands suggested adding the word “including” before
the text in bold font.
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