Section 66p. 66

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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 1 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declaration may be withdrawn at any time by notification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 1 of this article.

ARTICLE 15

1. Pending the achievement of the objectives of the

Declaration on the Granting of Independence to Colonial

Countries and Peoples, contained in General Assembly

resolution 1514 (XV) of 14 December 1960, the provisions of

this Convention shall in no way limit the right of petition

granted

to

these

peoples

by

other

international

instruments or by the United Nations and its specialized

agencies.

2.

(a)

The

Committee

established

under

article

8,

paragraph 1, of this Convention shall receive copies of the

petitions from, and submit expressions of opinion and

recommendations on these petitions to, the bodies of the

United Nations which deal with matters directly related to

the principles and objectives of this Convention in their

consideration of petitions from the inhabitants of Trust

and Non-Self-Governing Territories and all other territories

to which General Assembly resolution 1514 (XV) applies,

relating to matters covered by this Convention which are

before these bodies.

(b) The Committee shall receive from the competent

bodies

of the United Nations copies of the reports

concerning the legislative, judicial, administrative or other

measures directly related to the principles and objectives

of this Convention applied by the administering Powers

within the Territories mentioned in sub-paragraph (a) of

this paragraph, and shall express opinions and make

recommendations to these bodies.

3. The Committee shall include in its report to the General

Assembly a summary of the petitions and reports it has

received from United Nations bodies, and the expressions

of opinion and recommendations of the Committee

relating to the said petitions and reports.

4.

The

Committee

shall

request

from

the

Secretary-General of the United Nations all information

relevant to the objectives of this Convention and available

to him regarding the Territories mentioned in paragraph

2 (a) of this article.

ARTICLE 16

The

provisions

of

this

Convention

concerning

the

settlement of disputes or complaints shall be applied

without

prejudice

to

other

procedures

for

settling

disputes or complaints in the field of discrimination laid

down in the constituent instruments of, or in conventions

adopted

by,

the

United

Nations

and its specialized

agencies, and shall not prevent the States Parties from

having recourse to other procedures for settling a dispute

in

accordance

with

general

or

special

international

agreements in force between them.

PART III

ARTICLE 17

1. This Convention is open for signature by any State

Member of the United Nations or member of any of its

specialized agencies, by any State Party of the Statute of

the International Court of Justice, and by any other State

which has been invited by the General Assembly of the

United Nations to become a Party to this Convention.

2. This Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General

of the United Nations.

ARTICLE 18

1. This Convention shall be open to accession by any State

referred to in article 17, paragraph 1, of the Convention.

2. Accession shall be effected by the deposit of an

instrument of accession with the Secretary-General of the

United Nations.

ARTICLE 19

1. This Convention shall enter into force on the thirtieth

day

after

the

date

of

the

deposit

with

the

Secretary-General

of

the

United

Nations

of

the

twenty-seventh instrument of ratification or instrument

of accession.

2. For each State ratifying this Convention or acceding to

it after the deposit of the twenty-seventh instrument of

ratification or instrument of accession, the Convention

shall enter into force on the thirtieth day after the date of

the deposit of its own instrument of ratification or

instrument of accession.

© Compiled by RGL

66 of 192