A/HRC/6/8
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their concern about this proposal, as it might be difficult to obtain express consent in certain
cases. Egypt (on behalf of the African Group) noted that “express” consent did not require a
written signature. Instead of requiring “express” consent, Brazil, Chile, Portugal and Uruguay
proposed to formulate paragraph 1 along the lines of article 2 of the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW)
by inserting “unless the author can justify acting on their behalf without such consent”. Ecuador
suggested inserting “or invoking a legitimate interest”.
44. The NGO Coalition stressed the importance of granting national and international
non-governmental organizations (NGOs) the standing to submit communications on behalf of
alleged victims. Bolivia stated that the Committee should decide whether a person or group had
the standing to submit a communication on behalf of an alleged victim.
45. Guatemala asked whether “groups of individuals” in paragraph 1 (grupos de personas in
the Spanish translation) included collective entities such as unions. China sought clarification as
to the difference between communications submitted by groups of individuals and collective
communications. Brazil, Ecuador, Egypt (on behalf of the African Group), Ethiopia, Japan,
Mexico, Morocco, Peru, Russia, South Africa and Uruguay suggested deleting the word
“individual” in the title of article 2, as the article also dealt with communications by groups of
individuals.
46. Ethiopia and the United Kingdom proposed replacing the words “subject to the
jurisdiction” in the first sentence of paragraph 1 with the words “within [the] jurisdiction” used
in the International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD). Egypt and Nigeria favoured retaining the language of the draft.
Article 3
47. Algeria, Australia, Belarus, Burkina Faso, China, Colombia, Ecuador, Egypt (on behalf of
the African Group), Greece, India, Japan, Morocco, Nigeria, Norway, the Republic of Korea,
Russia, Senegal, Tanzania, the United Kingdom, Ukraine, the United States and Venezuela
(Bolivarian Republic of) called for the deletion of article 3. Brazil supported the deletion of
paragraph 2. Denmark and New Zealand stated that article 3 should be deleted if it allows
anyone without a concrete link to a victim to submit a communication. Belgium and Turkey
stated that the lack of a victim requirement would require further elaboration.
48. Argentina, Brazil, Denmark, Ecuador, New Zealand, Poland, Turkey, Slovenia, Sweden
and Switzerland stressed that the scope of article 3 required further study. Slovenia, South Africa
and Spain stated that additional debate on the potential benefits of this article was necessary.
Finland stressed the need to give further consideration to the article as a means of
complementing article 2.
49. Argentina, Ecuador, Poland and Turkey noted that the meaning of “unsatisfactory
application” in paragraph 1 needed further clarification. Brazil, Ecuador and Ethiopia
proposed to replace this term by “violations”. Germany suggested referring to “substantial
violations”.
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