A/HRC/15/25
the effect that a State party claims that another State party is not fulfilling its obligations
under this Convention. Such communications may be received and considered according to
the procedures laid down in this article 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 dealt with by the Committee under this article 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 this Convention considers that another State party is not
giving effect to the provisions of this Convention, it may bring the matter to the attention of
the Committee. The Committee shall then transmit the complaint to the party concerned.
Within three months, the receiving party shall submit to the Committee written
explanations or statements clarifying the matter and the remedy, if any, that may have been
taken by that party;
(b)
If the matter is not adjusted to the satisfaction of both parties, either by
bilateral negotiations or by any other procedure open to them, within six months after the
receipt by the receiving party of the initial complaint, either State shall have the right to
refer the matter again to the Committee by notifying the Committee and also the other
party;
(c)
The Committee shall deal with a matter referred to it in accordance with
paragraph 2 of this article after it has ascertained that all available domestic remedies have
been invoked and exhausted in the case, 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.
2.
The Committee shall hold closed meetings when examining complaints under this
article.
3.
In any matter referred to it, the Committee may call upon the parties concerned to
supply any other relevant information.
4.
When any matter arising out of this article is being considered by the Committee, the
parties concerned shall be entitled to send a representative to take part in the proceedings of
the Committee, without voting rights, while the matter is under consideration.
Article 35
Conciliation Commission
1.
(a)
If a matter referred to the Committee in accordance with article 33 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) comprising five persons who may or may not
be members of the Committee. The members of the Commission shall be appointed with
the unanimous consent of the parties to the dispute, and its good offices shall be made
available to the States concerned with a view to an amicable solution of the matter on the
basis of respect for this Convention;
(b)
If the States parties to the dispute fail to reach agreement within three months
on all or part of the composition of the Commission, the members of the Commission not
agreed upon by the States parties to the dispute shall be elected by secret ballot by a twothirds majority vote of the Committee from among its own members.
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