THE CONTRIBUTION OF NGOS TO CERD’S WORK must be verified whether a potential communication complies with the conditions set forth under Article 14 (see following sections). The consultation of the Rules of Procedure40 established by CERD may also be useful for this purpose. How to write a communication: Who can file a communication? The letter should include information on: Preparation of a communication: ● the name, address, age and occupation of the author and verification of their identity; ● the name(s) of the state party or states parties against which the communication is directed; ● the object of the communication; ● the provision or provisions of the Convention alleged to have been violated; ● the facts of the claim; ● steps taken by the author to exhaust domestic remedies, including pertinent documents; and, ● the extent to which the same matter is being examined under another procedure of international investigation or settlement (Rule 84.1.a—g). ● Those individuals or groups of individuals who are subject to the jurisdiction of a state party which has recognized the competence of the Committee under Article 14 can file a communication (Rule 91.a). Under this rule, non-nationals or non-residents of the state concerned can also submit a petition provided that they have been victims of discrimination in that state. ● A communication must not be anonymous (Rule 91.a). ● Normally, only the individual concerned or their relatives or designated representatives can submit a communication. However, in exceptional cases, the Committee may accept a communication submitted by others on behalf of an alleged victim when it appears that the victim is unable to submit the communication themselves and the author of the communication justifies their acting on the victim s behalf (Rule 91.b). ● The Committee can only receive petitions from those claiming to be victims of a violation of any of the rights set forth in the Convention (Rule 81), meaning that a violation of human rights beyond the scope of ICERD cannot be considered by the Committee. Exhaustion of domestic remedies: ● The individual must have exhausted all available domestic remedies, including, when applicable, the use of the national legal body established by paragraph 2 of Article 14. However, this shall not be the rule where the application of the remedies is unreasonably prolonged41 (Rule 91.e). Furthermore, the Committee has established that this rule applies only to the extent that those remedies: i) are considered an adequate avenue of redress, and ii) have any prospect of success.42 In other words, where domestic remedies are ineffective and a priori of no avail, the rule of exhaustion of these remedies does not apply. ● The Communication must normally be submitted within six months after all available domestic remedies have been exhausted (Rule 91.f). The communication must be compatible with the provisions of the Convention (Rule 91.c) and must not contain abusive language. A model communication is to be found in Annexe III. The communication has been sent — what will happen to it? The examination of the communication shall be held in closed meetings (Rule 88). Pre-admissibility stage: ● It may be that the information provided to the Committee is not sufficient to get a complete picture of the situation and more clarification or information may be asked for within an appropriate time limit (Rule 84.2). ● A communication may not be declared admissible unless the State Party has received the text of the communication and has been given an opportunity to furnish further information (Rule 92.3). If the deadline fixed by the Committee for the submission of such additional information is not kept by the State Party concerned, the Committee may decide that the communication is admissible in the light of the available information (Rule 92.6). Consideration of communications on their merits: ● If all the formal requirements are met and the communication is admissible, it will be considered on its merits. The Committee shall transmit, confidentially, through the Secretary-General, the text of the com- ICERD: A GUIDE FOR NON-GOVERNMENTAL ORGANIZATIONS 19