Step
6: The inquiry is initiated by the CEDAW Committee
-
The
OP-CEDAW and its Rules of Procedure
do not set out in detail the mode and format of any inquiry.
In fact Rule 84 explicitly says "the members designated
by the Committee to conduct the inquiry shall determine their
own methods of work".
-
The
scope of the inquiry and methods of investigation are therefore
given wide parameters, with the overarching advice that the
consent and cooperation of the States party should be sought
throughout the process.
-
Rather
than setting out precise instructions for the execution of
an inquiry, indications are offered as to how it might to
be conducted. The Rules of Procedure allow for the assistance
of staff and facilities such as interpreters or experts where
necessary. It is noted that, should the CEDAW Committee deem
it necessary, a visit to the States party concerned may be
appropriate. Again the preparations for such a visit are paved
with transparency as to the intentions of the CEDAW delegation,
the timing of the trip and the facilities required by the
inquiry team. The consent of the States party is always a
prerequisite.
-
If
in the course of a visit hearings are required to assist the
delegation to determine facts or issues relevant to the inquiry,
the conditions of those hearings should be established by
the visiting delegation in consultation with the States party
concerned. As a general rule, anyone testifying before the
designated members of the CEDAW Committee shall make a solemn
declaration as to the veracity of her or his testimony and
the confidentiality of the procedure. As with the Communications
Procedure, States parties must take all appropriate steps
to ensure that individuals are not subjected to ill-treatment
or intimidation as a consequence of participating in any hearings
in connection with an inquiry or with meeting the designated
members of the CEDAW Committee conducting the inquiry.
Click here
for Stage 4 (Steps 7-9)
This
page was last updated on November 1, 2003
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