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