1. A
State Party to the present
Covenant may at any
time declare under this
article that it recognizes the
competence of the
Committee to
receive and consider communications to the
effect that a
State Party claims that another
State Party is not fulfilling its
obligations under the present
Covenant. Communications under this
article may be
received and considered only if submitted by a
State Party which has made a
declaration recognizing in
regard to itself the
competence of the
Committee. No
communication shall be
received by the
Committee if it
concerns a
State Party which has not made such a
declaration. Communications
received under this
article shall be dealt with in
accordance with the following
procedure:
(a) If a
State Party to the present
Covenant considers that another
State Party is not giving
effect to the
provisions of the present
Covenant, it may, by
written communication, bring the matter to the
attention of that
State Party. Within three
months after the
receipt of the
communication the
receiving State shall afford the
State which sent the
communication an explanation, or any other
statement in
writing clarifying the matter which should
include, to the
extent possible and pertinent,
reference to
domestic procedures and
remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six
months after the
receipt by the
receiving State of the
initial communication, either
State shall have the
right to refer the matter to the
Committee, by
notice given to the
Committee and to the other
State;
(c) The
Committee shall deal with a matter referred to it only after it has ascertained that all available
domestic remedies have been invoked and
exhausted in the matter, in
conformity with the generally recognized
principles of
international law. This shall not be the
rule where the
application of the
remedies is unreasonably prolonged;
(d) The
Committee shall hold closed
meetings when examining communications under this
article;
(e)
Subject to the
provisions of subparagraph (c), the
Committee shall make available its good
offices to the
States Parties concerned with a
view to a
friendly solution of the matter on the basis of
respect for
human rights and
fundamental freedoms as recognized in the present
Covenant;
(f) In any matter referred to it, the
Committee may call upon the
States Parties concerned, referred to in subparagraph (b), to
supply any
relevant information;
(g) The
States Parties concerned, referred to in subparagraph (b), shall have the
right to be represented when the matter is being considered in the
Committee and to make submissions
orally and/or in
writing;
(h) The
Committee shall, within twelve
months after the
date of receipt of
notice under subparagraph (b), submit a
report:
(i) If a
solution within the
terms of subparagraph (e) is reached, the
Committee shall confine its
report to a brief
statement of the
facts and of the
solution reached;
(ii) If a
solution within the
terms of subparagraph (e) is not reached, the
Committee shall confine its
report to a brief
statement of the
facts; the
written submissions and
record of the
oral submissions made by the
States Parties concerned shall be attached to the
report. In every matter, the
report shall be
communicated to the
States Parties concerned.
2. The
provisions of this
article shall come into
force when ten
States Parties to the present
Covenant have made
declarations under paragraph I of this
article. Such
declarations shall be
deposited by the
States Parties with the
Secretary-General of the United Nations, who shall transmit
copies thereof to the other
States Parties. A
declaration may be withdrawn at any
time by
notification to the
Secretary-General. Such a
withdrawal shall not
prejudice the
consideration of any matter which is the
subject of a
communication already transmitted under this
article; no further
communication by any
State Party shall be
received after the
notification of
withdrawal of the
declaration has been
received by the
Secretary-General, unless the
State Party concerned has made a new
declaration.