A/HRC/6/8
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126. India suggested deleting “for the benefit of victims of violations” in article 14, paragraph 1,
to underline that the Committee’s recommendations may also refer to situations where a State
party fails to comply with the Covenant due to a lack of resources. Russia preferred replacing
“by decision of the General Assembly” by “in accordance with the relevant procedures of the
General Assembly”, as in article 26 of the Optional Protocol to the Convention against
Torture (OP-CAT).
127. Argentina, Belarus, Germany, Slovenia and Ukraine supported article 14. Austria,
Australia, Belgium, Denmark, France, Liechtenstein, Netherlands, New Zealand, Poland,
Sweden, Switzerland, United Kingdom and the United States objected to the establishment of a
special fund. Finland was not convinced that a special fund was appropriate in the protocol and
found the wording “funds to provide economic assistance” too wide. Japan, Guatemala, Norway,
Poland, the Republic of Korea, Russia and Venezuela (Bolivarian Republic of) reserved their
position on article 14 at this stage, while Argentina, Mexico, Slovenia and Ukraine could see the
possible usefulness of a fund based on voluntary contributions. Guatemala and Italy stressed that
the fund, if created, should be based on voluntary contributions. South Africa suggested that the
fund could be financed by a combination of voluntary and mandatory contributions.
128. China and Egypt noted that deleting the word “voluntary” did not mean that contributions
to the special fund would not become mandatory. Rather, the level of contributions would be at
the discretion of States parties and be subject to the level of available resources, in accordance
with the obligation set out in article 2, paragraph 1, of the Covenant. The Netherlands and
Ukraine noted the need to develop criteria for deciding which States could receive resources
from such fund.
129. Some delegates feared that such a fund would duplicate existing funds and that it would
send a wrong signal that non-compliance with the Covenant rights could be justified by a lack of
international assistance. It was noted that no special fund was created under the OP-CRPD,
despite the Convention’s precise language on international assistance, which could be a source of
inspiration for articles 13 and 14. Equally, it was pointed out that the fund under OP-CAT has a
more targeted purpose than that proposed in article 14 of the draft, that the fund was unlikely to
attract sufficient funding, that it would involve high administrative costs and impose an
additional burden on OHCHR, and that it was unclear how the beneficiaries of the fund would be
identified and how the funds would be channelled to victims.
130. Other delegates said that the special fund would not duplicate existing funds, and that it
would give effect to the legal obligation set out in article 2, paragraph 1, of the Covenant to
provide international assistance. It was noted that concerns about duplication had not been an
issue when adopting article 26 of the OP-CAT, that the additional burden for OHCHR should not
prevent the creation of the fund, that the implementation of the Committee’s views would require
a fund which was adequately funded, that developing countries did not seek to detract from their
obligations, and that shared efforts were required, as developing countries could not fully realize
Covenant rights without international assistance, which was mandated by the Covenant and the
Charter of the United Nations.
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