25
(a) The same matter has not been, and is not being, examined under another procedure of
international investigation or settlement;
(b) The individual has exhausted all available domestic remedies; this shall not be the rule where, in
the view of the Committee, the application of the remedies is unreasonably prolonged or is unlikely to
bring effective relief to that individual.
4. Subject to the provisions of paragraph 2 of the present article, the Committee shall bring any
communications submitted to it under this article to the attention of the State Party to the present
Convention that has made a declaration under paragraph 1 and is alleged to be violating any
provisions of the Convention. Within six months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if any, that may have been
taken by that State.
5. The Committee shall consider communications received under the present article in the light of all
information made available to it by or on behalf of the individual and by the State Party concerned.
6. The Committee shall hold closed meetings when examining communications under the present
article.
7. The Committee shall forward its views to the State Party concerned and to the individual.
8. The provisions of the present article shall come into force when ten States Parties to the present
Convention have made declarations under paragraph 1 of the present article. Such declarations shall
be deposited by the States Parties with the Secretary-General of the United Nations, who shall
transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any
matter that is the subject of a communication already transmitted under the present article; no further
communication by or on behalf of an individual shall be received under the present article after the
notification of withdrawal of the declaration has been received by the Secretary-General, unless the
State Party has made a new declaration.
Article 78
The provisions of article 76 of the present Convention shall be applied without prejudice to any
procedures for settling disputes or complaints in the field covered by the present Convention laid down
in the constituent instruments of, or in conventions adopted by, the United Nations and the specialized
agencies and shall not prevent the States Parties from having recourse to any procedures for settling a
dispute in accordance with international agreements in force between them.
Part VIII: General provisions
Article 79
Nothing in the present Convention shall affect the right of each State Party to establish the criteria
governing admission of migrant workers and members of their families. Concerning other matters
related to their legal situation and treatment as migrant workers and members of their families, States
Parties shall be subject to the limitations set forth in the present Convention.
Article 80
Nothing in the present Convention shall be interpreted as impairing the provisions of the Charter of the
United Nations and of the constitutions of the specialized agencies which define the respective
responsibilities of the various organs of the United Nations and of the specialized agencies in regard to
the matters dealt with in the present Convention.
Article 81