Section 57p. 57

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

Article 36

The Secretary-General of the United Nations shall provide

the

necessary

staff

and

facilities

for

the

effective

performance of the functions of the Committee under

the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall

convene the initial meeting of the Committee at the

Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at

such times as shall be provided in its rules of procedure.

3.

The

Committee

shall

normally

meet

at

the

Headquarters of the United Nations or at the United

Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up

his duties, make a solemn declaration in open committee

that

he

will

perform

his

functions

impartially

and

conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two

years. They may be re-elected.

2.

The

Committee

shall

establish

its

own

rules

of

procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a

majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to

submit reports on the measures they have adopted

which give effect to the rights recognized herein and on

the progress made in the enjoyment of those rights: (a)

Within one year of the entry into force of the present

Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General

of the United Nations, who shall transmit them to the

Committee for consideration. Reports shall indicate the

factors

and

difficulties,

if

any,

affecting

the

implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after

consultation

with

the

Committee,

transmit

to

the

specialized agencies concerned copies of such parts of

the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by

the

States Parties to the present Covenant. It shall

transmit its reports, and such general comments as it

may consider appropriate, to the States Parties. The

Committee may also transmit to the Economic and Social

Council these comments along with the copies of the

reports it has received from States Parties to the present

Covenant.

5. The States Parties to the present Covenant may submit

to the Committee observations on any comments that

may be made in accordance with paragraph 4 of this

article.

Article 41

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.

Article 42

1.

(a) If a matter referred to the Committee in accordance

with article 41 is not resolved to the satisfaction of the

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