2. The Committee shall consider inadmissible any communication under the present article
which is anonymous or which it considers to be an abuse of the right of submission of such
communications or to be incompatible with the provisions of the present Convention.
3. The Committee shall not consider any communication from an individual under the
present article unless it has ascertained that:
(a) The same matter has not been, and is not being, examined under another procedure of
international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall not be the rule
where, in the view of the Committee, the application of the remedies is unreasonably
prolonged or is unlikely to bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of the present article, the Committee shall bring
any communications submitted to it under this article to the attention of the State Party to
the present Convention that has made a declaration under paragraph 1 and is alleged to be
violating any provisions of the Convention. Within six months, the receiving State shall
submit to the Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State.
5. The Committee shall consider communications received under the present article in the
light of all information made available to it by or on behalf of the individual and by the State
Party concerned.
6. The Committee shall hold closed meetings when examining communications under the
present article.
7. The Committee shall forward its views to the State Party concerned and to the individual.
8. The provisions of the present article shall come into force when ten States Parties to the
present Convention have made declarations under paragraph 1 of the present article. Such
declarations shall be deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other States Parties. A declaration
may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal
shall not prejudice the consideration of any matter that is the subject of a communication
already transmitted under the present article; no further communication by or on behalf of
an individual shall be received under the present article after the notification of withdrawal
of the declaration has been received by the Secretary-General, unless the State Party has
made a new declaration.
Article 78
PART VIII:
GENERAL PROVISIONS
Article 79
36
The provisions of article 76 of the present Convention shall be applied without prejudice to
any procedures for settling disputes or complaints in the field covered by the present
Convention laid down in the constituent instruments of, or in conventions adopted by, the
United Nations and the specialized agencies and shall not prevent the States Parties from
having recourse to any procedures for settling a dispute in accordance with international
agreements in force between them.
Nothing in the present Convention shall affect the right of each State Party to establish the
criteria governing admission of migrant workers and members of their families. Concerning
other matters related to their legal situation and treatment as migrant workers and members
of their families, States Parties shall be subject to the limitations set forth in the present
Convention.