1. A
State Party to this
Convention may at any
time declare under this
article that it recognizes the
competence of the
Committee to
receive and consider communications from or on behalf of
individuals subject to its
jurisdiction who
claim to be
victims of a
violation by a
State Party of the
provisions of the
Convention. No
communication shall be
received by the
Committee if it
concerns a
State Party which has not made such a
declaration.
2. The
Committee shall consider
inadmissible any
communication under this
article which is
anonymous or which it considers to be an
abuse of the
right of submission of such communications or to be incompatible with the
provisions of this
Convention.
3.
Subject to the
provisions of paragraph 2, the
Committee shall bring any communications submitted to it under this
article to the
attention of the
State Party to this
Convention which has made a
declaration under paragraph 1 and is alleged to be violating any
provisions of the
Convention. Within six
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.
4. The
Committee shall consider communications
received under this
article in the
light of all
information made available to it by or on behalf of the
individual and by the
State Party concerned.
5. The
Committee shall not consider any communications from an
individual under this
article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under another
procedure of
international investigation or
settlement;
(b) The
individual has
exhausted all available
domestic remedies; this shall not be the
rule where the
application of the
remedies is unreasonably prolonged or is unlikely to bring effective reliefto the
person who is the
victim of the
violation of this
Convention.
6. The
Committee shall hold closed
meetings when examining communications under this
article.
7. The
Committee shall forward its
views to the
State Party concerned and to the
individual.
8. The
provisions of this
article shall come into
force when five
States Parties to this
Convention have made
declarations under paragraph 1 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declaration may be withdrawn at any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 or on behalf of an
individual shall be
received under this
article after the
notification of
withdrawal of the
declaration has been
received by the
Secretary General, unless the
State Party has made a new
declaration.