PART III – CIVIL SOCIETY PARTICIPATION
• Steps taken by the author to exhaust domestic remedies, including pertinent documents; and,
• The extent to which the same matter is being examined under another procedure of international
investigation or settlement.
Several bodies dealing with such communication developed a model format for individual communications (can
be found in the Annex IV). However, it should be noted that communications are considered even when they are
not submitted in the model format. In any case, it should appear at the very beginning of the communication
that it is to be submitted to the CERD, so as to ensure its easy and immediate channelling to the addressee.
Contact Information
Mail: Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
Fax:
+41 22 917 9022 (particularly for urgent matters)
Email: tb-petitions@ohchr.org
2.3 After the submission
When a communication is submitted to the Committee, its admissibility is considered first. If all the formal
requirements are met and the communication is decided to be admissible, the Committee confidentially
transmits the text of the communication and other relevant information to the State party concerned. The
identity of the individual is not revealed, unless they have given their consent. At the same time, the petitioner is
also informed that the communication has been decided as admissible.
When a communication is considered admissible, the Committee examines whether there are any violation of
rights set forth in ICERD. If the information provided to the Committee is not sufficient to get a complete picture
of the situation, the Committee may ask the petitioner to give clarification or request more information within
an appropriate time limit. During the consideration of a communication on its merits, CERD may ask the State
concerned to take interim measures to avoid possible irreparable damage to the person(s) who claim to be
victim(s) of the alleged violation. According to its rules of procedure CERD may also invite the petitioner or their
representatives and the representatives of the State concerned to be present at the examination of the
Communication in order to provide additional information. However, so far the Committee has never used oral
hearings. Finally the Committee will formulate its opinion (with suggestions and recommendations) and send it
to the petitioner and to the State party concerned.94
It is as equally important that civil society actors follow up on CERD’s suggestions and recommendation after this
process as they do after the consideration of a State reports. This can be done in various ways e.g. monitoring
government efforts in their implementation, and communicating with CERD’s Rapporteur on Follow-up through
its secretariat.
The opinion, suggestion or recommendation of the Committee should not, however, be confused with the
jurisdiction of a court. A judgment of a court is legally binding, while suggestions and recommendations do not
carry the same legal weight. Nevertheless, these suggestions and recommendations are generally considered as
authoritative pronouncements of a competent quasi-judicial body and should be respected and complied with
by the State party concerned.
94
For more detailed working method / procedure of the Committee under this procedure, please refer to PART II 2.3 of this guide.
35
ICERD & CERD: A GUIDE FOR CIVIL SOCIETY ACTORS