Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

318 | PRACTITIONERS GUIDE No. 6II. Procedures of international mechanisms1. Universal Treaty Bodies 1387The procedures of the UN treaty bodies, while rather similar, have notbeen harmonised. 1388 Differences arise in the most recently establishedbodies. Procedures are set out both in their constituting treaties andin their rules of procedures. The communications must be presentedin one of the official languages of the United Nations, which are Arabic,Chinese, English, French, Russian and Spanish.a) Preparatory StageThe rules related to the preparatory phase of the procedure are similarfor all the four human rights treaty bodies that receive individualcommunications and have established rules of procedure. The UNSecretariat receives the communication and verifies that all formal requirementshave been satisfied. The Secretariat may ask for clarificationson these requirements and on the intention of the complainanteffectively to seize the Committee of the communication. Once thesepreliminary steps are satisfied, the communication is registered withand transmitted to the Committee. 1389b) Admissibility stageWho decides? While it is generally the Committee as a whole which determineswhether the communication satisfies the formal requirementsfor admissibility, it is possible for it to establish an internal WorkingGroup (WG) for decisions on admissibility. 1390 For CERD and CEDAW, theWG can only make recommendations on admissibility. 1391How? The Committee always takes the decision on admissibility by asimple majority vote. When a Working Group is established, the systems1387 Further practical information on how to submit a petition to the UN treaty bodies may befound at http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx.1388 A process of harmonisation of the procedures of UN treaty bodies under the initiative of theUnited Nations is undergoing. For more information see, http://www2.ohchr.org/english/bodies/treaty/reform.htm.1389 See, Rules 84–87, CCPR Rules of Procedure; Rules 103–105, CAT Rules of Procedure;Rules 83–84, CERD Rules of Procedure; Rules 56–58, CEDAW Rules of Procedure.In this section we address the procedures of universal human rightsmechanisms which have been tested in individual communications. For proceduresof the most recently established treaty bodies see their rules of, available athttp://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/62/3&Lang=en (CRC); http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=HRI/GEN/3/Rev.1/Add.1&Lang=en (CMW); http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx (CRPD); and http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno= CED/C/1&Lang=en (CED).1390 See, Rules 111–112, CAT Rules of Procedure; Rules 93–98, CCPR Rules of Procedure.1391 Rule 87, CERD Rules of Procedure; Rule 62, CEDAW Rules of Procedure.