A/HRC/6/8
page 22
Article 25
146. No comments were made on article 25.
Article 26
147. No comments were made on article 26.
IV. DEEPENING OF THE DISCUSSIONS
148. Upon conclusion of the first reading of the draft, the Working Group focused the ensuing
discussion on three topics: (a) the criteria to be used by the Committee in examining
communications (arts. 2 bis and 8, para. 4); (b) the scope of the optional protocol (art. 2);
(c) international assistance and cooperation and the proposal for the establishment of a fund
(arts. 13 and 14); (d) admissibility criteria (art. 4); (e) interim measures (art. 5); (f) friendly
settlement (art. 7); and (g) other issues considered of particular importance in the draft optional
protocol.
Criteria to be used by the Committee in examining communications
(art. 8, para. 4)
149. Egypt (on behalf of the African Group) and Nigeria proposed a revised version of
article 2 bis, to replace article 8, paragraph 4: “When examining communications the Committee
shall consider allegations of violations concerning the failure of the State Party to respect, protect
and fulfil rights set forth in the Covenant, article 2, paragraph 1. In doing so the Committee shall
address the reasonableness of the steps taken by the State party, to the maximum of its available
resources, in relation to the subject matter of a communication under consideration.”
150. The United Kingdom expressed preference for the Chair’s proposal, removing the
reference to article 2, paragraph 1, as the Committee should use the test of reasonableness on all
communications. Belgium expressed concern that it went beyond the Covenant. Mexico stated
that a possible compromise would be to rely on more general language and paragraph 4 as
drafted, mentioning that it could also support Liechtenstein’s proposal with Russia’s
amendments. Germany supported the paragraph as drafted, stating that it could also support
the proposal of Liechtenstein.
151. The Netherlands, Slovenia and the United Kingdom questioned the added value of the
first part of the African Group’s proposal. Norway, Portugal, Russia, the United Kingdom,
Amnesty International and the NGO Coalition expressed concerns over the reference to “respect,
protect and fulfil”. Amnesty International and the NGO Coalition suggested replacing this with
“realize”, Mexico with “guarantee” and Poland with “guarantee the exercise of the rights
provided for in the Covenant”. Egypt (on behalf of the African Group) noted that this typology is
based on the jurisprudence of the Committee.
152. Azerbaijan, India, Mexico, Portugal, Russia, Sweden, the United Kingdom and the
NGO Coalition expressed concern that the proposal excluded article 2, paragraph 2, of the
Covenant and other interpretative articles in Part II. Russia suggested adding “where and as
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