Guide to International Human Rights Mechanisms - Brookings
Guide to International Human Rights Mechanisms - Brookings
Guide to International Human Rights Mechanisms - Brookings
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the incident, a description of steps taken <strong>to</strong> exhaust domestic remedies, and an allegation of which<br />
rights under the CCPR have been violated, and should include copies of any relevant documents<br />
(such as court orders in the case).<br />
confidentiality Communications may not be anonymous and the names of both the author and<br />
victim will be revealed <strong>to</strong> the state party that is the subject of the complaint. On request, these<br />
names can be withheld from the eventual opinion and other public documents.<br />
Procedure Communications are initially screened by the secretariat, which may contact the author<br />
for further information. It is then reviewed by a Special Rapporteur on New Communications<br />
who will decide whether or not <strong>to</strong> register the case. If registered, the Committee will transmit the<br />
communication <strong>to</strong> the state party concerned, which has six months <strong>to</strong> reply. The author is then<br />
given two months <strong>to</strong> comment on the state’s reply. The case is then in the “docket” for decision<br />
(usually on all questions presented, but occasionally only on the initial question of “admissibility” of<br />
the communication) and must await its turn in the Committee’s backlog. The process usually takes<br />
between three and four years <strong>to</strong> come <strong>to</strong> completion.<br />
Potential result Individual communications may result in the Committee’s adoption of “Views”<br />
finding a violation of the CCPR and making recommendations, such as a halt <strong>to</strong> violations,<br />
compensation, a change in laws or other action. For state reports, interventions of IDP advocates<br />
can result in specific questions being asked of state delegations on IDP issues and inclusion of<br />
findings and recommendations on these issues in the Committee’s concluding observations. All<br />
of the Committee’s views, concluding observations, and decisions adopted during the year are<br />
normally included in the Committee’s annual report <strong>to</strong> the General Assembly.<br />
In its Views, the Committee regularly asks for information from the state party about its compliance<br />
with the recommendations made. One member of the Committee is appointed Special Rapporteur<br />
for Follow-up who contacts all parties <strong>to</strong> cases decided <strong>to</strong> determine if recommendations have<br />
been followed. Individuals may complain on their own initiative <strong>to</strong> the Special Rapporteur (using<br />
the same contact information below) if progress on compliance with recommendations is <strong>to</strong>o slow.<br />
Information about follow up may also be reflected in the Committee’s public annual report.<br />
contact<br />
<strong>International</strong> <strong>Mechanisms</strong> | <strong>Human</strong> <strong>Rights</strong> Treaty Bodies<br />
<strong>Human</strong> <strong>Rights</strong> Committee<br />
Petitions Team<br />
Office of the High Commissioner for <strong>Human</strong> <strong>Rights</strong><br />
United Nations Office at Geneva<br />
1211 Geneva 10<br />
Switzerland<br />
Fax: + 41 22 9179022 (particularly for urgent matters)<br />
E-mail: tb-petitions@ohchr.org<br />
<strong>Guide</strong> <strong>to</strong> <strong>International</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Mechanisms</strong><br />
for Internally Displaced Persons and their Advocates 12