Minority rights focus in the United Nations 61
As a rule, committees consider the admissibility and merits of a communication jointly with its
author. However, a committee may decide either at its own initiative or having received information
from the State party concerned, pursuant to its rules of procedure, to separate consideration of
the admissibility and merits of a case. The committee examines the communication in the light of
all available information. Committee deliberations are confidential, and there is no opportunity to
call witnesses or to engage the State concerned in oral debate, as there would be in a domestic
court. The committee then forms its conclusion (depending on the committee, this may be called
a “view”, “decision” or “opinion”), which is transmitted to the author of the communication
and the State party, together with any suggestions and recommendations the committee may
wish to make. In the event that a violation is found, the State party is invited to inform the
committee in due course of the action it has taken in conformity with the committee’s suggestions
and recommendations. All decisions of the committee are made public and reproduced in the
committee’s annual report.
Committee conclusions are not legally binding judgements or decisions.68 However, each one
represents an authoritative determination by the organ, established under the treaty itself,
charged with the interpretation of that treaty. Ignoring a committee’s conclusions exposes a State
to domestic and international criticism for not complying with its international obligations.
Most committees have established a follow-up procedure in order to monitor the implementation
of its conclusions where it has found a violation of the relevant treaty by the State party. This
procedure can facilitate compliance with the committee’s recommendations, which has sometimes
been weak. Indeed, the mere fact that a well-founded case is brought to a committee may
encourage a State to re-examine its policies or begin dialogue with minority representatives.
For minority rights activists it would be instructive to examine procedures related to the following
communications: Complaint No. 161/2000 submitted under the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment by Hajrizi Dzemajl and 64
other Yugoslav citizens of Roma ethnicity; Communication No. 31/2003 submitted under the
International Convention on the Elimination of All Forms of Racial Discrimination by Ms. L. R. and
26 other Slovak citizens of Roma ethnicity; and Communication No. 4/2004 submitted under
the Convention on the Elimination of All Forms of Discrimination against Women by Ms A. S. of
Hungary.
Urgent cases (Request for interim measures)
Each committee is competent to take urgent action where there is an imminent risk of serious
and irreparable harm to the alleged victim before the case is considered by the committee. The
alleged victim may ask that the committee adopt interim measures and immediately request the
State party to take such appropriate and concrete measures of protection as may be required to
avoid irreparable damage to the alleged victim while the communication is under consideration
by the committee. Such a course will be adopted only when there is specific information about
an imminent risk, for example, a pending execution or deportation. (Reporting urgent cases
under the special procedures mechanisms is discussed in chapter IV.)
The Human Rights Committee has stated, “The character of the views of the Committee is further determined
by the obligation of States parties to act in good faith, both in their participation in the procedures under the
Optional Protocol and in relation to the Covenant itself. A duty to cooperate with the Committee arises from an
application of the principle of good faith to the observance of all treaty obligations.” See general comment No.
33 (2008) on the obligations of States Parties under the Optional Protocol to the International Covenant on Civil
and Political Rights, para. 15.
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