Where the approval of the majority of States parties is required, such approval is
considered automatically to have been obtained unless half or more of the States
parties reject the candidate within six weeks of the notice from the Secretary-General informing them of the proposed appointment. CRPD does not specify an approval
mechanism but does state that the replacement member must possess the qualifications and meet the requirements for members as set out in the Convention.
(2) Organization of a by-election
Article 34 of the ICCPR provides for casual vacancies to be filled by a by-election
at an extraordinary meeting of state parties if the term of office of the member to
be replaced does not expire within six months of the formal declaration by the
Secretary-General that a position on the Committee is vacant. In such an event, a
full election is organized in accordance with the provisions of the Covenant and the
rules of procedure governing the election members of the Human Rights Committee.
If the term has less than six months to run, no action is necessary.
Note on ICCPR by-elections involving single candidates
The ICCPR is unique amongst the human rights treaties in providing for full elections
to be organized to fill casual vacancies in the Human Rights Committee. Other treaties allow the State party which nominated the original member to nominate his or
her replacement subject to a confirmation procedure. On at least five occasions in
recent years, elections to fill casual vacancies on the Committee have been conducted by acclamation since only one candidate was nominated for the vacancy. This
practice has been accepted by States Parties notwithstanding that it seems to contradict articles 29 and 30 of the Covenant which provide for members to be elected by
secret ballot and to obtain an absolute majority of the votes of the representatives of
States Parties present and voting.
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