A/HRC/8/7*
page 36
the Covenant. Communications under this article may be received and considered only if
submitted by a State Party that 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 Protocol considers that another State Party is not
fulfilling its obligations under the Covenant, it may, by written communication, bring the matter
to the attention of that State Party. The State Party may also inform the Committee of the matter.
Within three months after the receipt of the communication the receiving State shall afford the
State that 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 settled 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. This shall not be
the rule where the application of the remedies is unreasonably prolonged;
(d) Subject to the provisions of subparagraph (c) of the present paragraph 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 Covenant;
(e) The Committee shall hold closed meetings when examining communications under
the present article;
(f) In any matter referred to it in accordance with subparagraph (b) of the present
paragraph, 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) of the present
paragraph, 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, with all due expediency after the date of receipt of notice under
subparagraph (b) of the present paragraph, submit a report, as follows:
(i)
If a solution within the terms of subparagraph (d) of the present paragraph is
reached, the Committee shall confine its report to a brief statement of the facts
and of the solution reached;
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