International Covenant on Civil and Political Rights

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 sub-paragraph (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 sub-paragraph (b), to supply any
relevant information.

(g) The States Parties concerned, referred to in sub-paragraph (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 sub-paragraph (b), submit a report:

(i) If a solution within the terms of sub-paragraph (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 sub-paragraph (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 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 after the notification
of withdrawal of the declaration has been received by the
Secretary-General, unless the State Party concerned had 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 States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available to
the States Parties concerned with a view to an amicable solution of the
matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States
Parties concerned. If the States Parties concerned fail to reach
agreement within three months on all or part of the composition of
the Commission the members of the Commission concerning whom no
agreement has been reached shall be elected by secret ballot by a
two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity.
They shall not be nationals of the States Parties concerned, or of a State
not party to the present Covenant, or of a State Party which has not made a
declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of
procedure.

4. The meetings of the Commission shall normally be held at the
Headquarters of the United Nations or at the United Nations Office at
Geneva. However, they may be held at such other convenient places as the
Commission may determine in consultation with the Secretary-General of the
United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also
service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made
available to the Commission and the Commission may call upon the States
Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event
not later than twelve months after having been seized of the matter, it
shall submit to the Chairman of the Committee a report for communication to
the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the
matter within twelve months, it shall confine its report to a brief
statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on the basis of respect for
human rights as recognized in the present Covenant is reached, the
Commission shall confine its report to a brief statement of the facts
and of the solution reached;

(c) If a solution within the terms of sub-paragraph (b) is not reached,
the Commission’s report shall embody its findings on all questions of
fact relevant to the issues between the States Parties concerned, and
its views on the possibilities of an amicable solution of the matter.
This report shall also contain the written submissions and a record
of the oral submissions made by the States Parties concerned;

(d) If the Commission’s report is submitted under sub-paragraph (c), the
States Parties concerned shall, within three months of the receipt of
the report, notify the Chairman of the Committee whether or not they
accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by
the Secretary-General of the United Nations .

10. The Secretary-General of the United Nations shall be empowered to pay
the expenses of the members of the Commission, if necessary, before
reimbursement by the States Parties concerned, in accordance with paragraph
9 of this article.

Author: international

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