PART II – CERD AND ITS WORK • • • • • • • • The communication is not anonymous; It emanates from an individual or group of individuals subject to the jurisdiction of a State party recognising the competence of the committee under Art. 14 of the ICERD; It is from a victim of a violation by the State party concerned of any of the rights set forth in the ICERD; It should be submitted by the individual him-/herself or by his relatives or designated representatives (when it appears that the victim is unable to submit the communication, a communication submitted by others on behalf of an alleged victim is also accepted); It is compatible with the provisions of the ICERD; It is not an abuse of the right to submit a communication in conformity with Art. 14; The individual has exhausted all available domestic remedies (this shall not be the rule where the application of the remedies is unreasonably prolonged); It is submitted within six months after all available domestic remedies have been exhausted, except in the case of duly verified exceptional circumstances. CERD, or its Working Group, may request the State party concerned or the author of the communication to submit additional information or clarifications relevant to the question of admissibility of the communication within an appropriate time limit. A communication may not be declared admissible unless the State party concerned has received the text of the communication and has been given an opportunity to furnish information or observations including information relating to the exhaustion of domestic remedies. A deadline shall be indicated for the submission of such additional information or clarifications. If the deadline is not kept by the State party concerned or the author of a communication, CERD or the Working Group may consider the admissibility in the light of available information. If the State party concerned disputes the contention of the author of a communication that all available domestic remedies have been exhausted, the State party is required to give details of the effective remedies available to the alleged victim in the particular circumstances of the case. A decision taken by CERD that a communication is inadmissible may be reviewed at a later date by the Committee upon a written request by the petitioner concerned. b) Consideration of communications on their merits After a communication has been decided as admissible, the Committee transmits the communication and other relevant information confidentially to the State party in question, but does not - without its consent - reveal the identity of the individual or group claiming a violation. The State party concerned shall submit within three months to the Committee written explanations or statements and the remedy, if any, which have been taken. In the course of its consideration, CERD may express its views on the desirability of taking interim measures to avoid possible irreparable damage to the person or persons who claim to be victim(s) of the alleged violation. Any explanations or statements submitted by the State party concerned may be transmitted to the petitioner of the communication who may submit any additional written information or observations within a given time-limit that the Committee decides. The Committee may invite the petitioner or his/her representative and the representatives of the State party concerned in order to provide additional information or to answer questions on the merits of the communication. The Committee may also revoke its decision on admissibility of a communication in light of any explanations or statements submitted by the State party. However, before CERD considers revoking a decision, the explanations or statements concerned must be transmitted to the petitioner so that he/she may submit additional information. c) Committee’s suggestions and recommendations After consideration of a communication, CERD formulates its opinion thereon including any suggestions and recommendations, which are transmitted both to the individual or group concerned and to the State party. According to the CERD 2009 annual report (A/64/18), the Committee has so far adopted final opinions on 27 complaints. The opinion i.e. suggestions and recommendations of the Committee should not be confused with the jurisdiction of a court. They do not provide any legal aid. 18 ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS