Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
2.5.3 The implementation mechanism
The Convention created the Committee on the Elimination of Racial
Discrimination, which consists of eighteen members serving in their personal capacity
(art. 8) and has the task of monitoring the implementation of the terms of the
Convention. Like the International Covenant on Civil and Political Rights, the
Convention on the Elimination of All Forms of Racial Discrimination has a
three-pronged implementation mechanism consisting of periodic reports, inter-State
communications and communications from individuals, which will be briefly described
below. Furthermore, the Committee adopts, when necessary, General
Recommendations concerning specific articles or issues of special interest. Below is a
general description of the monitoring mechanisms:
v the reporting procedure: the States parties undertake to submit, within one year of
the entry into force of the Convention for the State concerned, an initial report, and,
thereafter, every two years or whenever the Committee so requests, a report on the
legislative, judicial, administrative or other measures taken to give effect to the
provisions of the Convention (art. 9(1)). Like the other Committees, the Committee
on the Elimination of Racial Discrimination has adopted special guidelines on the
form and contents of the reports submitted by the States parties;
v inter-State complaints: any State party which considers that another State party is
not giving effect to the provisions of the Convention “may bring the matter to the
attention of the Committee” (art. 11(1)). Unlike the case of the International
Covenant on Civil and Political Rights, no special declaration is needed to recognize
this competence of the Committee to receive inter-State communications; the
Committee will however only deal with the matter if it has not first been settled to
the satisfaction of both parties. Where the Committee is seized of the case, the
Convention foresees the appointment of an ad hoc Conciliation Commission,
which shall make its good offices “available to the States concerned with a view to
an amicable solution of the matter on the basis of respect for” the Convention (art.
12(1)(a)). When the Commission has considered the matter, it shall submit to the
Chairman of the Committee “a report embodying its findings on all questions of
fact relevant to the issue between the parties and containing such recommendations
as it may think proper for the amicable solution of the dispute” (art. 13(1)). The
States parties can accept or reject the recommendations of the Conciliation
Commission (art. 13(2));
v individual communications: a State party may also at any time declare that it
considers the Committee competent “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” (art. 14(1)). Article 14 entered into force on 3 December 1982, and, as
of 17 August 2001, 34 of the States parties had made such a declaration.57
57 UN doc. GAOR, A/56/18, p. 10, para. 2.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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