PART III – CIVIL SOCIETY PARTICIPATION • 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. Several bodies dealing with such communication developed a model format for individual communications (can be found in the Annex IV). However, it should be noted that communications are considered even when they are not submitted in the model format. In any case, it should appear at the very beginning of the communication that it is to be submitted to the CERD, so as to ensure its easy and immediate channelling to the addressee. Contact Information Mail: Petitions Team Office of the High Commissioner for Human Rights United Nations Office at Geneva 1211 Geneva 10, Switzerland Fax: +41 22 917 9022 (particularly for urgent matters) Email: tb-petitions@ohchr.org 2.3 After the submission When a communication is submitted to the Committee, its admissibility is considered first. If all the formal requirements are met and the communication is decided to be admissible, the Committee confidentially transmits the text of the communication and other relevant information to the State party concerned. The identity of the individual is not revealed, unless they have given their consent. At the same time, the petitioner is also informed that the communication has been decided as admissible. When a communication is considered admissible, the Committee examines whether there are any violation of rights set forth in ICERD. If the information provided to the Committee is not sufficient to get a complete picture of the situation, the Committee may ask the petitioner to give clarification or request more information within an appropriate time limit. During the consideration of a communication on its merits, CERD may ask the State concerned to take interim measures to avoid possible irreparable damage to the person(s) who claim to be victim(s) of the alleged violation. According to its rules of procedure CERD may also invite the petitioner or their representatives and the representatives of the State concerned to be present at the examination of the Communication in order to provide additional information. However, so far the Committee has never used oral hearings. Finally the Committee will formulate its opinion (with suggestions and recommendations) and send it to the petitioner and to the State party concerned.94 It is as equally important that civil society actors follow up on CERD’s suggestions and recommendation after this process as they do after the consideration of a State reports. This can be done in various ways e.g. monitoring government efforts in their implementation, and communicating with CERD’s Rapporteur on Follow-up through its secretariat. The opinion, suggestion or recommendation of the Committee should not, however, be confused with the jurisdiction of a court. A judgment of a court is legally binding, while suggestions and recommendations do not carry the same legal weight. Nevertheless, these suggestions and recommendations are generally considered as authoritative pronouncements of a competent quasi-judicial body and should be respected and complied with by the State party concerned. 94 For more detailed working method / procedure of the Committee under this procedure, please refer to PART II 2.3 of this guide. 35 ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS

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