A/HRC/43/55
95.
Some delegations welcomed, in articles 13 (5) and 13 (6), the creation of a conference
of States parties, although it was noted that the provisions were vague. One delegation asked
for clarification of the role of the conference.
96.
Several delegations requested much more detailed information on the international
fund for victims proposed in article 13 (7), including in relation to how the fund would be
established, what its scope would be, how it would be governed, how it would be funded, and
the eligibility criteria for determining who would be entitled to aid. Some delegations noted
that it would be difficult to form an official position on the provision until more was known.
Non-governmental organizations urged States to establish the fund, since the lack of legal
and financial aid was a major obstacle for those seeking access to remedy.
H.
Articles 14 to 22
97.
Introducing articles 14 to 22, the Chair-Rapporteur recalled that there had not been
significant discussion of those provisions during the fourth session. Consequently, no major
changes had been made in the revised draft legally binding instrument. He drew attention to
some textual improvements and reordering of the articles, including the moving of the article
on commercial and vested interests and the article defining regional integration organizations
to other parts of the legally binding instrument. He highlighted two new articles in the text.
Article 15 had been introduced to clarify the relationship between the legally binding
instrument and any additional protocols. Article 16 had been added to cover the settlement
of any disputes. He noted that both of the new articles used the same models as those found
in other relevant treaties.
98.
Although one delegation argued it was premature to discuss articles 14 to 22 before
more agreement had been reached on the content of the rest of the legally binding instrument,
several delegations and non-governmental organizations made comments and suggestions on
article 14, on implementation, and to a lesser extent on the remaining articles.
99.
With regard to article 14 (1), one delegation called for the provision to include a
reference to the creation of a central authority, whereas two other delegations proposed
removing the provision. Some delegations supported a proposal for article 14 (2) to refer to
an executive summary of each State’s legal and policy framework, rather than copies of their
laws and regulations. However, other delegations requested clarification as to the objective
and rationale behind article 14 (2), with one suggesting deleting the provision. Some
delegations and several non-governmental organizations welcomed the reference in article
14 (3) to situations of conflict, although they suggested altering the text to refer to “conflictaffected areas and occupied territories”. Several non-governmental organizations noted their
appreciation of the focus on gender in the provision and recommended that reference be made
to gender-responsive human rights impact assessments. Appreciation was also expressed
regarding the recognition in article 14 (4) of groups facing heightened risks of harm. One
delegation and some non-governmental organizations recommended that the list of groups
be non-exhaustive and that particular attention be paid to the intersecting forms of
discrimination faced by persons belonging to more than one group. There were also calls to
include peasants in the list. Another delegation proposed removing the reference to migrants.
Different views were expressed regarding the desirability of retaining the reference to
international humanitarian law in article 14 (5), and some delegations proposed removing the
provision altogether. Additionally, many non-governmental organizations suggested
inserting a provision in article 14 on corporate capture.
100. One delegation and some non-governmental organizations considered the means of
dispute settlement referenced in article 16 to be inappropriate. In the delegation’s view, any
dispute settlement should be done solely through consultations and negotiation. Another
delegation questioned the rationale for including article 16 (3). Some delegations also
questioned the necessity of including article 17 (3) and its system of voting rights for regional
integration organizations.
17
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