Inter-State

Communications
Procedure
ICCPR, ARTICLE 41

Condition:
Recognition of
Competence

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.

Condition: A
Declaration

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.

First Step: Written

Communication
(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;

Second Step: In Case

of No Agreement
(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;

Third Step:
Exhaustion of
Domestic Remedies

(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;

How Matters are

Settled, What to
Consider, and other
Information

(d) The Committee shall hold

communications under this article;

closed

meetings

when

examining

(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;

Rights
(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;

Filing of Report
(h) The Committee shall, within twelve months after the date of receipt
of notice under subparagraph (b), submit a report:

If there is a solution reached:

(i)

(( If

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;
there is no 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

Making, Withdrawal
and Re-making of
Declarations

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.

Rules of
procedure of
the Human
Rights
Committee

Rules of procedure of the

Human Rights Committee

3 Sessions per year

Special Sessions

Committee approval + Consultation with UN Secretary General

By request: Majority Members or State Party to the Covenant

Normally to be Held in Geneva

Committee may decide to hold in a different place.

Rules of procedure of the

Human Rights Committee

Agenda

Proposed by

Chairperson

Member

State party

Rules of procedure of the

Human Rights Committee

Members

Elected

First term started Jan 1, 1977

Upon a motion a seat may be declared vacant by the Secretary

General

Replacement for the unexpired term

Rules of procedure of the

Human Rights Committee

Officers

Elected among each other

1 Chairperson

3 Vice-Chairpersons

1 Rapporteur

2 year term

Upon a motion a seat may be declared vacant by the Secretary

General

Replacement shall take office until the exiration of the original

term

Rules of procedure of the

Human Rights Committee

Secretariat

Subsidiary bodies may be provided by the Committee or the

Secretary General

Staff shall be provided by the secretary general

The Secretary General (or a representative) should attend all

meetings

Rules of procedure of the

Human Rights Committee

Arabic, Chinese, English, French, Russian and Spanish shall be

the official languages, and

Arabic, English, French, Russian and Spanish the working

languages of the Committee.

Interpretation shall be provided by the Secretariat of the United

Nations. Speeches made in any of the working languages shall be
interpreted into the other working languages. Speeches made in
an official language shall be interpreted into the working
languages. (Rule 29)

Rules of procedure of the

Human Rights Committee

Meetings

GR: Public

Ex: Private, when the need arise

Records

Quorum

Made and given to members for correction

12 members

Chairperson

Presides

Procedure for the consideration of

communications received under article 41 of
the Covenant

Communication may be referred by the State party concerned by

a notice

Should contain

(a)Steps taken to seek adjustment of the matter in accordance with

article41, paragraphs1(a) and (b), of the Covenant, including the text of
the initial communication and of any subsequent written explanations or
statements by the States parties concerned which are pertinent to the
matter;

(b)Steps taken to exhaust domestic remedies;

(c)Any other procedure of international investigation or settlement

resorted to by the States parties concerned.

Procedure for the consideration of

communications received under article 41 of
the Covenant

The communications shall be examined in closed meeting by the

committee

A communication shall not be considered by the Committee unless:

(a)Both States parties concerned have made declarations under

article41, paragraph1, of the Covenant that are applicable to the
communication;

(b)The time limit prescribed in article 41, paragraph 1 (b), of the

Covenant has expired;

(c)The Committee 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, or that the
application of the remedies is unreasonably prolonged. (rule 78)

Procedure for the consideration of

communications received under article 41 of
the Covenant

Additional information may be requested by the committee

through the Secretary General.

The States parties concerned 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.

The Committee shall, through the Secretary-General, notify the

States parties concerned as early as possible of the opening
date, duration and place of the session at which the matter will
be examined.

The procedure for making oral and/or written submissions shall

be decided by the Committee, after consultation with the States
parties concerned.

Procedure for the consideration of

communications received under article 41 of
the Covenant

Additional information may be requested by the committee

through the Secretary General.

The States parties concerned 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.

The Committee shall, through the Secretary-General, notify the

States parties concerned as early as possible of the opening
date, duration and place of the session at which the matter will
be examined.

The procedure for making oral and/or written submissions shall

be decided by the Committee, after consultation with the States
parties concerned.

Procedure for the consideration of

communications received under article 41 of
the Covenant
Within 12 months after the date on which the Committee received
the notice referred to in rule 74 of these rules, the Committee shall
adopt a report in accordance with article41, paragraph 1 (h), of the
Covenant.
The provisions of paragraph 1 of rule 81 of these rules shall not
apply to the deliberations of the Committee concerning the
adoption of the report.
The Committees report shall be communicated, through the
SecretaryGeneral, to the States parties concerned.