A/HRC/6/8
page 17
Article 9
109. China, Ecuador, Ethiopia, Japan, Norway and the United Kingdom suggested that article 9
be deleted. Ethiopia and Norway noted that this procedure, although included in other
instruments, has never been used. Egypt, France, Mexico, the Netherlands, Portugal,
South Africa, Spain and the NGO Coalition supported article 9 as drafted. It was noted that such
a procedure had proved to be useful in the regional human rights systems. Australia and
Venezuela (Bolivarian Republic of) reserved their position on the issue, while Egypt and
Portugal mentioned that the procedure should be optional.
110. Ethiopia and France requested clarification of the notion of “exhaustion of domestic
remedies” under paragraph 1, subparagraph (c). Australia, Burkina Faso and Japan highlighted
the need for further discussion. Ethiopia noted the high cost of such a procedure for developing
countries.
Articles 10 and 11
111. Austria, Brazil, Chile, Costa Rica, Ecuador, Finland, Liechtenstein, Portugal, Senegal,
South Africa, Sweden and the NGO Coalition supported an inquiry procedure. Finland noted it
allowed a response to be made to serious violations in a timely manner. It was noted that an
inquiry procedure could be used by individuals and groups facing difficulties in accessing the
communication procedure or in danger of reprisal. Portugal welcomed the use of agreed
language from other United Nations instruments.
112. Australia, China, Egypt, India, Russia and the United States were not in favour of an
inquiry procedure, suggesting that articles 10, 11 and 20 be deleted. Nigeria and Poland
expressed reservations about such a procedure. Denmark suggested limiting the application of
this procedure, if retained, to cases of non-discrimination or other fundamental and well-defined
principles. The United States noted that there is no equivalent provision under ICCPR-OP1.
113. Australia, Ethiopia, Italy, Poland and the United States mentioned that there could be
overlaps with the work of Special Rapporteurs. Burkina Faso and Senegal noted that the work of
a Special Rapporteur differed from an inquiry procedure. Norway requested information on the
application of similar procedures under CEDAW and the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and their added value.
114. Burkina Faso, China, Egypt (on behalf of the African Group), Ethiopia, Nigeria and the
United States expressed concern about the term “grave and systematic violations”.
115. Brazil pointed to the need for clear human rights indicators to identify situations of grave
and systematic violations which would justify an inquiry.
116. Chile and the United Kingdom stated that an absence of resources would not justify grave
violations. The ICJ referred to the distinction between lack of willingness and lack of resources
as a way of determining States’ failure to comply with their responsibilities.
117. Burkina Faso and Venezuela (Bolivarian Republic of) suggested adding “provided for in
article 15” at the end of article 10, paragraph 6.
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