The Rules of Procedure of the meetings of states parties to the International Covenant
on Civil and Political Rights do not define the meaning of the phrase “present and
voting”, but the Rules of Procedure of the General Assembly which supplement the
meeting rules states that:
the phrase “members present and voting” means members casting an affirmative or negative vote. Members which abstain from
voting are considered as not voting
This interpretation presents a particular difficulty for the election of committee members because the standard ballot paper does not contain a means for a State Party
to register a negative vote against a candidate where only one name appears on
the ballot paper. Acts of disapproval, in the form of abstentions (blank ballots) or
spoiled ballots, are not considered in the tally of votes and therefore cannot frustrate
the nomination. The election is therefore rendered an empty process since there is
no way to vote “No”, hence the use of acclamation in such votes.
This situation contrasts with the confirmation procedures governing the nomination
of replacement members for other treaty bodies which allow for disapproval to be
affirmed and registered. ICERD, CEDAW, CRC and CMW allow the new member
to be confirmed by his or her fellow treaty body members. CAT, OPCAT and CED
provide for other States Parties to approve the new member through a silence procedure.
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