A/HRC/17/36
(e)
All available domestic remedies have not been exhausted. This shall not be
the rule where the application of the remedies is unreasonably prolonged or unlikely to
bring effective relief;
(f)
The
substantiated;
communication
is
manifestly
ill-founded
or
not
sufficiently
(g)
The facts that are the subject of the communication occurred prior to the
entry into force of the present Protocol for the State party concerned, unless those facts
continued after that date;
(h)
The communication is not submitted within one year after the exhaustion of
domestic remedies, except in cases where the author can demonstrate that it had not been
possible to submit the communication within that time limit.
Article 8
Transmission of the communication
1.
Unless the Committee considers a communication inadmissible without reference to
the State party concerned, the Committee shall bring any communication submitted to it
under the present Protocol confidentially to the attention of the State party concerned as
soon as possible.
2.
The State party shall submit to the Committee written explanations or statements
clarifying the matter and the remedy, if any, that it may have provided. The State party shall
submit its response as soon as possible and within six months.
Article 9
Friendly settlement
1.
The Committee shall make available its good offices to the parties concerned with a
view to reaching a friendly settlement of the matter on the basis of respect for the
obligations set forth in the Convention and/or the Optional Protocols thereto.
2.
An agreement on a friendly settlement reached under the auspices of the Committee
closes consideration of the communication under the present Protocol.
Article 10
Consideration of communications
1.
The Committee shall consider communications received under the present Protocol
as quickly as possible, in the light of all documentation submitted to it, provided that this
documentation is transmitted to the parties concerned.
2.
The Committee shall hold closed meetings when examining communications
received under the present Protocol.
3.
Where the Committee has requested interim measures, it shall expedite the
consideration of the communication.
4.
When examining communications alleging violations of economic, social or cultural
rights, the Committee shall consider the reasonableness of the steps taken by the State party
in accordance with article 4 of the Convention. In doing so, the Committee shall bear in
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