Section 72p. 72

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

provided for in this Convention. For this purpose, the

Committee may, when appropriate, set up an ad hoc

conciliation commission;

(f) In any matter referred to it under this article, 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 by 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

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declaration may be withdrawn at any time by notification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 any State Party

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 concerned has

made a new declaration.

ARTICLE 22

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 I 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 relief to 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.

ARTICLE 23

The members of the Committee and of the ad hoc

conciliation commissions which may be appointed under

article 21, paragraph I (e), shall be entitled to the facilities,

privileges and immunities of experts on mission for the

United Nations as laid down in the relevant sections of

the Convention on the Privileges and Immunities of the

United Nations.

ARTICLE 24

The Committee shall submit an annual report on its

activities under this Convention to the States Parties and

to the General Assembly of the United Nations.

PART III

ARTICLE 25

1. This Convention is open for signature by all States.

2. This Convention is subject to ratification. Instruments of

ratification shall be deposited with the Secretary-General

of the United Nations.

ARTICLE 26

This

Convention

is

open to accession by all States.

Accession

shall

be

effected

by

the

deposit

of

an

instrument of accession with the Secretary General of the

United Nations.

ARTICLE 27

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 twentieth

instrument of ratification or accession.

2. For each State ratifying this Convention or acceding to

it

after

the

deposit of the twentieth instrument of

ratification or accession, the Convention shall enter into

force on the thirtieth day after the date of the deposit of

its own instrument of ratification or accession.

ARTICLE 28

1. Each State may, at the time of signature or ratification

of this Convention or accession thereto, declare that it

does not recognize the competence of the Committee

provided for in article 20.

2.

Any

State

Party

having

made

a

reservation

in

accordance with paragraph I of this article may, at any

time, withdraw this reservation by notification to the

Secretary-General of the United Nations.

ARTICLE 29

1. Any State Party to this Convention may propose an

amendment and file it with the Secretary-General of the

United Nations. The Secretary General shall thereupon

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