Minority rights focus in the United Nations 59 Some States are responsive to the recommendations of the treaty bodies, but others may need to be encouraged by NGOs and public opinion to implement a committee’s conclusions. Although most committees now have a follow-up mechanism with respect to their recommendations, it is nonetheless useful in almost every situation to publicize the State’s report, the committee’s observations and the State’s response to the committee. The United Nations treaty-monitoring system can only work if it is actively supported by minority groups and organizations; it is they who have the greatest interest in its being effective. Making complaints about human rights violations The International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of Persons with Disabilities have mechanisms that enable individuals to send an individual complaint, generally called a “communication”, to the corresponding committee, alleging that their rights set forth in the respective human rights treaty have been violated.63 However, the acceptance of such mechanisms is optional. The author of a communication should also be aware that the State concerned may have filed a reservation to any of the treaty’s provisions, which limits the substantive scope of the State’s obligations. The provisions for individual complaints are set out in the first Optional Protocol to the International Covenant on Civil and Political Rights, article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination, article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Rights of Persons with Disabilities. The procedure for handling complaints is similar under all five treaties. It is imperative, however, to consult the exact language of the respective treaty before filing a communication.64 Several of the committees have developed forms to facilitate the submission of a communication.65 It is not mandatory to use these forms, but they do offer guidance on the type of information which should be included in a communication. Each communication should be sent to OHCHR in Geneva, clearly indicating the name of the committee to which it is addressed. Upon receipt of an individual complaint, the secretariat of the committees makes an initial assessment as to whether certain preliminary criteria for a prima facie case have been met. If The complaints procedure differs in respect of the International Covenant on Economic, Social and Cultural Rights; the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and the International Convention for the Protection of All Persons from Enforced Disappearance, as follows. An optional protocol authorizing communications to the International Covenant on Economic, Social and Cultural Rights was opened for signature in September 2009 and will enter into force three months after 10 States parties have ratified it. It also provides for an optional procedure under which an inquiry may be initiated by the Committee on Economic, Social and Cultural Rights itself, if it receives information that indicates “grave or systematic” violations of the Covenant. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has an individual complaints procedure that will come into force once 10 States parties have accepted this procedure in accordance with article 77 of the Convention. In accordance with article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance, a State party may at the time of ratification of this Convention or at any time afterwards declare that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider individual communications. 63 Further information on complaints procedures under specific human rights treaties is available from OHCHR Fact Sheet No. 7/Rev. 2 (forthcoming). 64 Ibid., annexes. 65

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