Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
submit observations with regard to the information concerned” (art. 20(1)).
However, the States parties may, when signing or ratifying the Convention or when
acceding to it, declare that they do not recognize this competence of the Committee
(art. 28(1)). As of 18 May 2001 a total of nine States parties had made such a
declaration.61 The documents and proceedings relating to the Committee’s
functions under this article are confidential, although “the Committee may, after
consultations with the State Party concerned, decide to include a summary account
of the results of the proceedings in its annual report” to the States parties and to the
General Assembly (art. 20(5));62
v inter-State communications: as of 18 May 2001, 43 States parties had declared that
they recognize 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 Convention (art. 21(1)).63 The Committee will
consider the communication only if the matter has not been settled to the
satisfaction of both States parties. The procedure is confidential and 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 the obligations provided
for in this Convention”. To this end it can set up an ad hoc conciliation commission.
If no friendly solution is reached in the case, the Committee shall draw up a report
which shall merely contain a “brief statement of the facts” of the case (art. 21(1));
v individual communications: lastly, the Committee may receive communications
from individuals claiming to be victims of a violation of the Convention if the State
party concerned has expressly recognized its competence to do so (art. 22(1)). As of
18 May 2001, 40 States parties had made a declaration to this effect.64 The
Committee shall however consider inadmissible any communication which is
anonymous, or which it considers to be an abuse of the right of submission of
communications or which is incompatible with the terms of the Convention (art.
22(2)). Before considering a communication the Committee must also, inter alia,
ascertain that the individual has exhausted all available domestic remedies, unless
the application of remedies is unreasonably prolonged or is unlikely to bring
effective relief to the alleged victim (art. 22(5)(b)). Whilst the documents and
proceedings relating to individual communications are confidential, the views of the
Committee are communicated to the parties and also made available to the public.
The same also generally holds true with regard to the Committee’s decisions
whereby it declares communications inadmissible.65 Many of the Committee’s views
and decisions are contained in its annual report to the General Assembly.
61 UN doc. GAOR, A/56/44, Annex II, p. 79.
62 UN doc. GAOR, A/54/44, p. 24, para. 231.
63 UN doc. GAOR, A/56/44, Annex III, pp. 80-81.
64 Ibid., loc. cit.
65 UN doc. GAOR, A/54/44, p. 25, para. 236.
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