Schedule International Convention on the elimination of all forms of racial
discrimination
2.
Any State Party which makes a declaration as provided for in
paragraph 1 of this article may establish or indicate a body within its national
legal order which shall be competent to receive and consider petitions from
individuals and groups of individuals within its jurisdiction who claim to be
victims of a violation of any of the rights set forth in this Convention and who
have exhausted other available local remedies.
3.
A declaration made in accordance with paragraph 1 of this article and
the name of any body established or indicated in accordance with paragraph 2
of this article shall be deposited by the State Party concerned 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 A declaration may be withdrawn at any time by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, but such a withdrawal shall not affect
communications pending before the Committee.
4.
A register of petitions shall be kept by the body established or indicated
in accordance with paragraph 2 of this article, and certified copies of the register
shall be filed annually through appropriate channels with the Secretary-General
on the understanding that the contents shall not be publicly disclosed.
5.
In the event of failure to obtain satisfaction from the body established or
indicated in accordance with paragraph 2 of this article, the petitioner shall have
the right to communicate the matter to the Committee within six months.
6.
(a)
The Committee shall confidentially bring any communication
referred to it to the attention of the State Party alleged to be violating any
provision of this Convention, but the identity of the individual or groups of
individuals concerned shall not be revealed without his or their express consent.
The Committee shall not receive anonymous communications.
(b)
Within three 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.
7.
(a)
The Committee shall consider communications in the light of
all information made available to it by the State Party concerned and by the
petitioner. The Committee shall not consider any communication from a
petitioner unless it has ascertained that the petitioner has exhausted all available
domestic remedies. However, this shall not be the rule where the application of
the remedies is unreasonably prolonged.
36
Compilation No. 17
Racial Discrimination Act 1975
Compilation date: 10/12/15
ComLaw Authoritative Act C2016C00089
Registered: 29/1/16