Schedule 2 International Covenant on Civil and Political Rights
be received after the notification of withdrawal of the declaration has been
received by the Secretary-General, unless the State Party concerned has made a
new declaration.
Article 42
1. (a) If a matter referred to the Committee in accordance with article 41
is not resolved to the satisfaction of the States Parties concerned, the Committee
may, with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the Commission). The good
offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of
respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the
States Parties concerned. If the States Parties concerned fail to reach agreement
within three months on all or part of the composition of the Commission the
members of the Commission concerning whom no agreement has been reached
shall be elected by secret ballot by a two-thirds majority vote of the Committee
from among its members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties concerned, or of a
State not party to the present Covenant, or of a State Party which has not made a
declaration under article 41.
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 the
Headquarters of the United Nations or at the United Nations Office at Geneva.
However, they may be held at such other convenient places as the Commission
may determine in consultation with the Secretary-General of the United Nations
and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also
service the commissions appointed under this article.
6. The information received and collated by the Committee shall be
made available to the Commission and the Commission may call upon the
States Parties concerned to supply any other relevant information.
7. When the Commission has fully considered the matter, but in any
event not later than twelve months after having been seized of the matter, it
122
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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