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

320 | PRACTITIONERS GUIDE No. 6Committee provides that the State Party has six months to submit tothe Committee written explanations or statements clarifying the matterunder consideration and the remedy, if any, that may have been takenby the State. Any explanations or statements submitted by the StateParty will be communicated to the author of the communication, whomay submit any additional written information or observations withinfixed time-limits. 1400 For CERD, the State has three months from thento submit its reasons. These will be transmitted to the complainant whomay oppose further observations. 1401Material: The Committee will take into consideration all the informationmade available to it by the parties. 1402 The CESCR also explicitlyincludes all relevant documentation from other UN bodies, specialisedagencies, funds, programmes and mechanisms, and other internationalorganisations, including from regional human rights systems. 1403Decision: The Committees will adopt their decision (Views) onthe case and forward them to the parties. 1404 The Human RightsCommittee’s rules of procedure explicitly say that this body’s decisionsare public. 1405d) Friendly SettlementThe CESCR is the only Committee which expressly provides for the possibilityof reaching a friendly settlement. The settlement must be on thebasis of the respect for the obligations set forth in the Covenant andcloses the communication procedure. 1406 While other UN human rightstreaties and corresponding rules of procedure do not expressly providefor a procedure of friendly settlement, in practice the Committees mayprovide their good offices for reaching this kind of agreement if theparties so desire. 14071400 Rules 99–100, CCPR Rules of Procedure.1401 Rule 94.2–4, CERD Rules of Procedure.1402 Rules 99–100, CCPR Rules of Procedure; Article 8 OP-ICESCR; Article 22.4–6 CAT; Rule 118.1,CAT Rules of Procedure; Article 14.7(a) ICERD; Article 7 OP-CEDAW; Rule 72, CEDAW Rulesof Procedure; Article 77.5 ICRMW.1403 Article 8 OP-ICESCR.1404 Rules 99–100, CCPR Rules of Procedure; Article 22.7 CAT; Article 14.7(b) ICERD; Article 7OP-CEDAW; Rule 72, CEDAW Rules of Procedure; Article 77.6–7 ICRMW.1405 Rule 102(5), CCPR Rules of Procedure.1406 Article 7 OP-ICESCR.1407 See, Catarina de Albuquerque, Elements for an optional protocol to the International Covenanton Economic, Social and Cultural Rights, Analytical paper by the Chairperson-Rapporteur,Open-ended working group on an optional protocol to the International Covenant onEconomic, Social and Cultural Rights, UN Doc. E/CN.4/2006/WG.23/2, 30 November 2005,para. 14; and CESCR, Report to the Commission on Human Rights on a draft optional protocolfor the consideration of communications in relation to the International Covenant on Economic,Social and Cultural Rights, UN Doc. E/CN.4/1997/105, 18 December 1996, para. 38.