Schedule 2 International Covenant on Civil and Political Rights
shall indicate the factors and difficulties, if any, affecting the implementation of
the present Covenant.
3. The Secretary-General of the United Nations may, after consultation
with the Committee, transmit to the specialized agencies concerned copies of
such parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties
to the present Covenant. It shall transmit its reports, and such general comments
as it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the
copies of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the
Committee observations on any comments that may be made in accordance with
paragraph 4 of this article.
Article 41
1. 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.
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 communications 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 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.
(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.
120
Compilation No. 48
Australian Human Rights Commission Act 1986
Compilation date: 20/12/18
Authorised Version C2019C00030 registered 14/01/2019
Registered: 14/1/19
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