ANNEXES
3. The Committee shall deal with a matter referred to it in
accordance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked
and exhausted in the case, in conformity with the generally
recognized principles of international law. This shall not be the
rule where the application of the remedies is unreasonably
prolonged.
4. In any matter referred to it, the Committee may call upon
the States Parties concerned to supply any other relevant information.
5. When any matter arising out of this article is being considered by the Committee, the States Parties concerned shall be
entitled to send a representative to take part in the proceedings
of the Committee, without voting rights, while the matter is
under consideration.
Article 12
1. (a) After the Committee has obtained and collated all the
information it deems necessary, the Chairman shall appoint an
ad hoc Conciliation Commission (hereinafter referred to as the
Commission) comprising five persons who may or may not be
members of the Committee. The members of the Commission
shall be appointed with the unanimous consent of the parties to
the dispute, and its good offices shall be made available to the
States concerned with a view to an amicable solution of the
matter on the basis of respect for this Convention;
(b) If the States Parties to the dispute fail to reach agreement
within three months on all or part of the composition of the
Commission, the members of the Commission not agreed upon
by the States Parties to the dispute shall be elected by secret
ballot by a two-thirds majority vote of the Committee from
among its own members.
2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties to
the dispute or of a State not Party to this Convention.
3. The Commission shall elect its own Chairman and adopt its
own rules of procedure.
4. The meetings of the Commission shall normally be held at
United Nations Headquarters or at any other convenient place
as determined by the Commission.
5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also service the Commission
whenever a dispute among States Parties brings the Commission into being.
6. The States Parties to the dispute shall share equally all the
expenses of the members of the Commission in accordance
with estimates to be provided by the Secretary-General of the
United Nations.
7. The Secretary-General shall be empowered to pay the
expenses of the members of the Commission, if necessary,
before reimbursement by the States Parties to the dispute in
accordance with paragraph 6 of this article.
8. The information obtained and collated by the Committee
shall be made available to the Commission, and the Commis-
sion may call upon the States concerned to supply any other
relevant information.
Article 13
1. When the Commission has fully considered the matter, it
shall prepare and submit to the Chairman of the Committee a
report embodying its findings on all questions of fact relevant
to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of
the dispute.
2. The Chairman of the Committee shall communicate the
report of the Commission to each of the States Parties to the
dispute. These States shall, within three months, inform the
Chairman of the Committee whether or not they accept the recommendations contained in the report of the Commission.
3. After the period provided for in paragraph 2 of this article,
the Chairman of the Committee shall communicate the report
of the Commission and the declarations of the States Parties
concerned to the other States Parties to this Convention.
Article 14
1. A State Party may at any time declare that it recognizes the
competence of the Committee to receive and consider communications from individuals or groups of individuals within its
jurisdiction claiming to be victims of a violation by that State
Party of any of the rights set forth in this Convention. No communication shall be received by the Committee if it concerns a
State Party which has not made such a declaration.
2. Any State Party which makes a declaration as provided for
in paragraph 1 of this article may establish or indicate a body
within its national legal order which shall be competent to
receive and consider petitions from individuals and groups of
individuals within its jurisdiction who claim to be victims of a
violation of any of the rights set forth in this Convention and
who have exhausted other available local remedies.
3. A declaration made in accordance with paragraph 1 of this
article and the name of any body established or indicated in
accordance with paragraph 2 of this article shall be deposited by
the State Party concerned 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, but such a withdrawal
shall not affect communications pending before the Committee.
4. A register of petitions shall be kept by the body established
or indicated in accordance with paragraph 2 of this article, and
certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the understanding that the contents shall not be publicly disclosed.
5. In the event of failure to obtain satisfaction from the body
established or indicated in accordance with paragraph 2 of this
article, the petitioner shall have the right to communicate the
matter to the Committee within six months.
6. (a) The Committee shall confidentially bring any communication referred to it to the attention of the State Party alleged to
be violating any provision of this Convention, but the identity
of the individual or groups of individuals concerned shall not
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