or recommendations, if any, including as deemed
appropriate by the Committee, in the State Party’s
subsequent reports under articles 16 and 17 of the
Covenant.
Article 10
Inter-State communications
1.
State Party to the present Protocol may at any time
A
declare under the present 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 Covenant. Communications
under the present 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 the present 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,
28
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
29