A/HRC/6/8
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179. Mexico supported the proposals previously made by Chile and Germany. The NGO
Coalition and PIDHDD supported Chile’s proposal.
180. Ecuador, Portugal, the Netherlands and the United Kingdom supported inclusion of
language from OP-CEDAW, article 5, as the adoption of interim measures should not prejudice
the admissibility of a case. Egypt suggested that article 6 should come before article 5.
181. Egypt and the United Kingdom questioned how the Committee, meeting only twice a year,
would be able to respond to urgent situations and issue requests for interim measures at any time
during the year. Amnesty International and the Netherlands mentioned that it was up to the
Committee to organize its work and that the Committee should be able to respond at any time
during the year.
182. The United Kingdom supported the proposal that States should be able to comment on the
proposed interim measures. Egypt and the Netherlands expressed doubts about this proposal as
interim measures have to be taken with maximum speed.
Friendly settlement (art. 7)
183. Argentina, Australia, Ecuador, Mexico, the Netherlands and the United Kingdom
supported the inclusion of a friendly settlement.
184. China and Russia noted the need to look at the legal effect of a friendly settlement.
Australia stated that the legal consequence of such settlement would be that the communication
was no longer under consideration.
185. The NGO Coalition suggested four amendments to article 7: (a) that the Committee will
make available its good offices to the parties concerned; (b) that the terms of a friendly
settlement shall be subject to review and approval by the Committee; (c) that the Committee may
at any time end the friendly settlement and continue with the consideration of the merits of the
communication; and (d) that the Committee shall draw up a report outlining the terms of the
settlement and send it to the parties concerned. Australia, the United Kingdom, the United States
and Venezuela (Bolivarian Republic of) noted that the Committee’s review of a friendly
settlement would undermine the nature of such settlement. The Netherlands favoured a specific
reference to the Committee deciding that a case is closed and that the friendly settlement does
justice to the obligations under the Covenant. Senegal and Venezuela (Bolivarian Republic of)
agreed that the role of the Committee should be to provide its good offices. Senegal stressed that
it might be problematic to exclude the Committee from the implementation of the settlement.
South Africa suggested that the African Charter on Human and Peoples’ Rights could provide
guidance on this matter.
186. The ICJ stressed that what should close a case should not be the reaching of an agreement
but rather actual compliance with that agreement. Thailand suggested a new version of
paragraph 2, reading: “The Committee shall close consideration of the communication under the
present protocol, when an agreement on friendly settlement has been reached between the
parties.”
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