60
PROMOTING AND PROTECTING MINORITY RIGHTS
so, a summary of the communication is sent to the special rapporteur/working group, who acts
on behalf of the respective committee. The special rapporteur/working group also assesses
the registration criteria and, on behalf of the committee, instructs as to whether or not the
communication will be registered.
Once a communication is registered, it is communicated to the State party concerned so that the
State may comment on the allegation(s). The State’s response, if any, is forwarded to the author
of the communication, who may in turn comment on the State’s observations. The committee sets
a time limit on this exchange. The failure of a State to respond does not prevent the committee
from proceeding with examination of a case.
The first step a committee takes in considering a complaint is to determine whether the complaint
is admissible. Conditions for admissibility are normally specified in the treaty itself and in the
committee’s rules of procedure and include that:
• The communication is not anonymous and that it stems from an individual or a group of
individuals66 subject to the jurisdiction of a State party recognizing the competence of the
committee concerned to receive and consider individual communications;
• The individual claims to be a victim of a violation by the State party concerned of any
of the rights set forth in the covenant or convention. No general complaints about the
human rights situation in a country are admissable. As a general rule, the communication
should be submitted by the individual themselves or by his or her relatives or designated
representatives. Although it is not mandatory to have a lawyer prepare the case, legal
advice usually improves the quality of the submissions;
• The communication is compatible with the provisions of the treaty invoked;
• The communication is not an abuse of the right to submit a communication;
• The complainant has exhausted all available domestic remedies. This usually includes
pursuing legal claims through the national judicial system; mere doubt about the
effectiveness of such action does not dispense with this requirement. However, this shall
not be the rule where the exhaustion of remedies would be unreasonably prolonged, or
if they would be ineffective or otherwise unavailable;
• The same matter is not being examined under another procedure of international
investigation or settlement;67
• The complaint is sufficiently substantiated. The alleged victim should provide as much
relevant information as possible in support of the allegation(s) made, and enclose
copies of all relevant documents, in particular administrative and judicial decisions by
national authorities concerning the claims. If the situation does not obviously constitute a
human rights violation, the complainant may consider consulting relevant international
jurisprudence, both within and outside the United Nations system.
The treaty bodies of the International Covenant on Civil and Political Rights and the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment allow only individuals to submit complaints.
If a group of individuals submits a complaint to the Human Rights Committee or the Committee against Torture,
each member of the group must provide a power of attorney. The Committee on the Elimination of Racial
Discrimination, the Committee on the Elimination of Discrimination against Women and the Committee on the
Rights of Persons with Disabilities allow groups of individuals to submit a complaint.
66
Article 5, paragraph 2 (a), of the Optional Protocol to the International Covenant on Civil and Political Rights.
Please note that this provision is expressed differently in the Convention on the Elimination of All Forms of
Discrimination against Women (art. 4 (2) (a) of the Optional Protocol); the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (art. 22 (4) (a) of the Convention); and the Convention
on the Rights of Persons with Disabilities (art. 2 (c) of the Optional Protocol).
67