Schedule International Convention on the elimination of all forms of racial
discrimination
3.
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.
4.
In any matter referred to it, the Committee may call upon the States
Parties concerned to supply any other relevant information.
5.
When any matter arising out of this article is being considered by the
Committee, the States 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 12
1. (a) After the Committee has obtained and collated all the information it
deems necessary, the Chairman shall appoint an ad hoc Conciliation
Commission (hereafter 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 two-thirds majority vote of the Committee from
among its own members.
2.
The members of the Commission shall serve in their personal capacity.
They shall not be nationals of the States parties to the dispute or of a State not
Party to this Convention.
3.
The Commission shall elect its own Chairman and adopt its own rules
of procedure.
4.
The meetings of the Commission shall normally be held at United
Nations Headquarters or at any other convenient place as determined by the
Commission.
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Compilation No. 17
Racial Discrimination Act 1975
Compilation date: 10/12/15
ComLaw Authoritative Act C2016C00089
Registered: 29/1/16