1. A
State Party may at any
time declare that it recognizes the
competence of the
Committee to
receive and consider communications from
individuals or
groups of
individuals within its
jurisdiction claiming to be
victims of a
violation by that
State Party of any of the
rights set forth in this
Convention. No
communication shall be
received by the
Committee if it
concerns a
State Party which has not made such a
declaration.
2. Any
State Party which makes a
declaration as provided for in paragraph I of this
article may
establish or indicate a
body within its
national legal order which shall be
competent to
receive and consider
petitions from
individuals and
groups of
individuals within its
jurisdiction who
claim to be
victims of a
violation of any of the
rights set forth in this
Convention and who have
exhausted other available
local remedies.
3. A
declaration made in
accordance with paragraph 1 of this
article and the
name of any
body established or indicated in
accordance with paragraph 2 of this
article shall be
deposited by the
State Party concerned 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declaration may be withdrawn at any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, but such a
withdrawal shall not
affect communications pending before the
Committee.
4. A
register of
petitions shall be kept by the
body established or indicated in
accordance with paragraph 2 of this
article, and
certified copies of the
register shall be filed annually through appropriate
channels with the
Secretary-General on the
understanding that the contents shall not be
publicly disclosed.
5. In the
event of failure to obtain satisfaction from the
body established or indicated in
accordance with paragraph 2 of this
article, the petitioner shall have the
right to
communicate the matter to the
Committee within six
months.
6.(a) The
Committee shall confidentially bring any
communication referred to it to the
attention of the
State Party alleged to be violating any
provision of this
Convention, but the
identity of the
individual or
groups of
individuals concerned shall not be revealed without his or their express
consent. The
Committee shall not
receive anonymous communications;
(b) Within three
months, the
receiving State shall submit to the
Committee written explanations or
statements clarifying the matter and the
remedy, if any, that may have been taken by that
State.
7. (a) The
Committee shall consider communications in the
light of all
information made available to it by the
State Party concerned and by the petitioner. The
Committee shall not consider any
communication from a petitioner unless it has ascertained that the petitioner has
exhausted all available
domestic remedies. However, this shall not be the
rule where the
application of the
remedies is unreasonably prolonged;
(b) The
Committee shall forward its suggestions and
recommendations, if any, to the
State Party concerned and to the petitioner.
8. The
Committee shall
include in its
annual report a
summary of such communications and, where appropriate, a
summary of the explanations and
statements of the
States Parties concerned and of its own suggestions and
recommendations.
9. The
Committee shall be
competent to
exercise the functions provided for in this
article only when at least ten
States Parties to this
Convention are bound by
declarations in
accordance with paragraph I of this
article.