A/HRCRES//17/18
Article 12
Inter-State communications
1.
A State party to the present Protocol may, at any time, declare that it recognizes the
competence of the Committee to receive and consider communications in which a State
party claims that another State party is not fulfilling its obligations under any of the
following instruments to which the State is a party:
(a)
The Convention;
(b)
The Optional Protocol to the Convention on the sale of children, child prostitution
and child pornography;
(c)
The Optional Protocol to the Convention on the involvement of children in armed
conflict.
2.
The Committee shall not receive communications concerning a State party that has
not made such a declaration or communications from a State party that has not made such a
declaration.
3.
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 the respect for the obligations
set forth in the Convention and the Optional Protocols thereto.
4.
A declaration under paragraph 1 of the present article 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 A declaration may be withdrawn at any time by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 that is the subject of a communication already transmitted under
the present article; no further communications by any State party shall be received under the
present 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.
Part III
Inquiry procedure
Article 13
Inquiry procedure for grave or systematic violations
1.
If the Committee receives reliable information indicating grave or systematic
violations by a State party of rights set forth in the Convention or in the Optional Protocols
thereto on the sale of children, child prostitution and child pornography or on the
involvement of children in armed conflict, the Committee shall invite the State party to
cooperate in the examination of the information and, to this end, to submit observations
without delay with regard to the information concerned.
2.
Taking into account any observations that may have been submitted by the State
party concerned, as well as any other reliable information available to it, the Committee
may designate one or more of its members to conduct an inquiry and to report urgently to
the Committee. Where warranted and with the consent of the State party, the inquiry may
include a visit to its territory.
3.
Such an inquiry shall be conducted confidentially, and the cooperation of the State
party shall be sought at all stages of the proceedings.
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