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(b) The member has participated in any capacity, other than as a member
of his or her treaty body, in the making of any decision on the case
covered by the communication.
C. Participation in country visits and inquiries
11. A member shall not participate in the preparation or conduct of or follow-up
to a country visit or inquiry or in the consideration of ensuing reports if any
real or perceived conflict of interest is present.
D. Relationship with States
12. The independence and impartiality of treaty body members is compromised
by the political nature of their affiliation with the executive branch of the State.
Members of treaty bodies shall consequently avoid functions or activities
which are, or are seen by a reasonable observer to be, incompatible with
the obligations and responsibilities of independent experts under the relevant
treaties.
13. When acting as a consultant or as counsel for any State in connection with
the process of reporting to the treaty body on which they serve or in any
other matter that might come up for consideration before his or her treaty
body, treaty body members shall take all necessary measures to ensure that they
do not have, and are not seen by a reasonable observer as having, a conflict
of interest.
E. O
ther situations which might entail a situation of a possible
conflict of interest
14. Individuals holding or assuming decision-making positions in any organization
or entity which may give rise to a real or perceived conflict of interest with
the responsibilities inherent in the mandate as a member of a treaty body
shall, whenever so required, not undertake any functions or activities that may
appear not to be readily reconcilable with the perception of independence and
impartiality. Such organizations or entities may include private corporations
or entities, civil society organizations, academic institutions or State-related
organizations.
F. Participation in other human rights activities
15. When treaty body members participate in other human rights activities of
intergovernmental organizations, such as panels, training courses and
seminars, they shall make it clear that the views they are expressing are
their own and not those of the treaty body in question unless the members
have been expressly mandated by the latter. The same applies to meetings
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