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States of Emergency - Centre for Policy Alternatives

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incomplete reports. Perhaps unsurprisingly, the inter‐state<br />

communication provision has never been used. In the case <strong>of</strong><br />

individual communications, although more and more <strong>States</strong> are<br />

acceding to the Optional Protocol, it has been the case that the<br />

Committee’s views have a habit <strong>of</strong> being ignored or generating<br />

hostility in <strong>States</strong> in which human rights concerns are most acute.<br />

The effect <strong>of</strong> the Committee’s reports, General Comments, and<br />

Rules <strong>of</strong> Procedure also do not seem to have had a demonstrable<br />

impact on <strong>States</strong> meeting their treaty obligations. In the view <strong>of</strong><br />

many commentators, the Committee has also been hampered by<br />

insufLicient institutional support and resources.<br />

On the other hand, the Human Rights Committee has built a solid<br />

reputation <strong>for</strong> independence, expertise, fairness and impartiality<br />

as a rules‐based and adjudicative decision‐making body, in<br />

contradistinction to most other international bodies which<br />

operate under the dictates and dynamics <strong>of</strong> international politics<br />

and diplomacy. Ironically, it appears that it is this very positive<br />

feature that makes it unable to exert the kind <strong>of</strong> political pressure<br />

or harness the media spotlight in the furtherance <strong>of</strong> human rights<br />

protection within <strong>States</strong>.<br />

4.2.1
The
Human
Rights
Committee<br />

The rules relating to the establishment, membership<br />

requirements, composition, ensuring regional representation,<br />

quorum and enactment <strong>of</strong> internal rules <strong>of</strong> procedure,<br />

remuneration, and a detailed framework <strong>for</strong> elections to the<br />

Human Rights Committee, as well as the roles within this schema<br />

130

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