Committee on the Rights of Persons with Disabilities
Third session
Geneva, 22–26 February 2010
Rules of Procedure of the Committee on the Rights of Persons with Disabilities
Contents
Rule Page
Part One. General Rules
I. Meetings and sessions
1.Meetings of the Committee7
2.Sessions7
3.Place of sessions7
4.Special sessions of the Committee7
5.Pre-sessional working group8
6.Notification of opening date of sessions8
7.Accessibility8
II. Agenda
8.Provisional agenda 9
9.Adoption of the agenda 9
10.Revision of the agenda9
11.Transmission of the provisional agenda9
III. Members of the Committee
12.Term of office 10
13.Filling of casual vacancies 10
14.Solemn declaration10
IV. Officers
15.Elections 10
16.Conduct of elections10
17.Term of office 11
18.Position of the Chairperson in relation to the Committee11
19.Acting Chairperson 11
20.Replacement of officers11
Contents
Page
V. Secretariat
21.Statements 12
22.Financial implications of proposals 12
23.The Secretariat 12
VI.Communication and Languages
24.Methods of communication 12
25.Types of language13
26.Official languages 13
27.Records 13
28.Days of general discussion 13
VII.Public and private meetings
29.Public and private meetings 14
30.Participation in meetings 14
VIII.Distribution of reports and other official documents of the Committee
31.Distribution of official documents 14
IX.Conduct of business
32.Quorum 15
33.Powers of the Chairperson15
X.Decisions
34.Adoption of decisions15
35.Voting rights 15
36.Equally divided votes 16
37.Method of voting 16
XI.Reports of the Committee
38.Reports to the General Assembly and the Economic and Social Council16
Contents
Page
Part Two. Functions of the Committee
XII. Reports and information under articles 35 and 36 of the Convention
39.Reports of States parties 16
40.Non-submission of reports 16
41.Notification to reporting States Parties 17
42.Consideration of reports 17
43.Inability of a member to take part in the examination of a report 17
44.Request for additional reports or information 17
45.Transmission of State parties’ reports that contain a request or indicate
a need for technical advice or assistance 18
46.General recommendations18
47.General comments and reporting obligations18
48.Cooperation between States Parties and the Committee18
XIII. Participation of specialized agencies and bodies of the United Nations and other competent bodies in the work of the Committee
49.Participation of specialized agencies and bodies of the United Nations19
50.Intergovernmental organizations and regional integration organizations 19
51.National human rights institutions 19
52.Non-governmental organizations 19
53.Cooperation with bodies instituted by international human rights treaties 19
54.Establishment of subsidiary bodies20
Contents
Page
XIV. Procedure for the consideration of communications received under the Optional Protocol
A. Transmission of communications to the Committee
55.Transmission of communications to the Committee20
56.Registration of communications 20
57.Request for clarification of additional information 20
58.Information to Committee members 21
B. General provisions regarding the consideration of communications by the Committee
59.Public and closed meetings 21
60.Inability of a member to take part in the examination of a communication 21
61.Withdrawal of a member 22
62.Participation of members 22
63.Establishment of working groups and designation of rapporteurs 22
64.Interim measures 22
65.Method of dealing with communications 23
66.Order of review of communications 23
67.Joint consideration of communications 23
68.Conditions of admissibility of communications23
69.Authors of communications23
70.Procedures with regard to communications received24
71.Inadmissible communications25
72.Additional procedure regarding consideration of admissibility separately from the merits25
73.Views of the Committee26
74.Discontinuation of communications26
75.Follow-up on views of the Committee26
76.Confidentiality of communications27
77.Dissemination of information on the Committee’s activities28
Contents
Page
XV.Proceedings under the inquiry procedure of the Optional Protocol
78.Transmission of information to the Committee28
79.Compilation of information by the Committee28
80.Confidentiality28
81.Meetings related to proceedings under article 629
82.Preliminary consideration of information by the Committee29
83.Submission and examination of information 29
84.Establishment of an inquiry30
85.Cooperation of the State party concerned30
86.Visits30
87.Hearings30
88.Assistance during an inquiry 31
89.Transmission of findings, comments or suggestions.31
90.Follow-up action by the State party31
91.Applicability32
Part Three. Interpretation and amendments
92.Headings32
93.Interpretation of Rules of Procedure32
94.Suspensions32
95.Amendments32
Part One. General Rules
Meetings of the Committee
Rule 1
1.The Committee on the Rights of Persons with Disabilities (hereinafter referred to as “the Committee”) shall hold meetings as required for the effective performance of its functions in accordance with the Convention on the Rights of Persons with Disabilities (hereinafter referred to as “the Convention”) and its Optional Protocol.
2.The meetings of the Committee shall be guided by the principles of inclusion and accessibility as reflected in article 3 of the Convention on the Rights of Persons with Disabilities.
3.The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the Convention and its Optional Protocol, and shall convene its initial meeting.
Sessions
Rule 2
1.The Committee shall hold at least two regular sessions per year.
2.Sessions of the Committee shall be convened at dates decided by the Committee in consultation with the Secretary-General of the United Nations (“the Secretary-General”), taking into account the calendar of conferences as approved by the General Assembly.
Place of sessions
Rule 3
Sessions of the Committee shall normally be held at the United Nations Office at Geneva. Another place for a session may be designated by the Committee in consultation with the Secretary-General, taking into account the relevant rules of the United Nations on the subject.
Special sessions of the Committee
Rule 4
1.Special sessions of the Committee shall be convened by decision of the Committee. When the Committee is not in session, the Chairperson may convene special sessions of the Committee in consultation with the other officers of the Committee. The Chairperson of the Committee shall also convene special sessions:
(a) At the request of a majority of the members of the Committee;
(b) At the request of a State party to the Convention.
2.Special sessions shall be convened as soon as possible at a date fixed by the Chairperson, in consultation with the Secretary-General and with the other officers of the Committee, taking into account the Calendar of Conferences as approved by the General Assembly.
Pre-sessional working group
Rule 5
1.A pre-sessional working group, which shall consist of no more than five members of the Committee designated by the Chairperson in consultation with the Committee at a regular session, and reflecting equitable geographical representation, shall normally be convened prior to each regular session.
2.The pre-sessional working group shall formulate a list of issues and questions on substantive issues arising from reports submitted by States Parties in accordance with article 35 of the Convention and submit that list of issues and questions to the State party concerned.
Notification of opening date of sessions
Rule 6
The Secretary-General shall notify the members of the Committee of the date and place of the first meeting of each session as early as possible. Such notification shall be sent at least six weeks in advance.
Accessibility
Rule 7
1.The use of sign languages, Braille, tactile, plain-language, augmentative and alternative communication and other accessible methods of communication of their choice by persons with disabilities shall be facilitated, including with the assistance of support providers, in respect of activities related to the Committee.
2.The participation of personal assistants of the Committee members who will facilitate access by members to information, including in private sessions of the Committee, shall be permitted.
3.In order to ensure that all Committee members can take part in the work on an equal basis, it is necessary to guarantee:
Access to information in the same timely manner as those Committee members not requiring any accessible formats; and
Accessibility of the OHCHR webpage to persons with disabilities.
4.Meetings and sessions, both public and private, should be held in premises that provide full accessibility (physical, as well as communication and information accessibility). This includes the provision of accessible toilets, specific devices for access to information and communication such as scanners, Braille printers, subtitles and hearing loops, and any other general accessibility provisions.
II.Agenda
Provisional agenda
Rule 8
The provisional agenda for each regular session shall be prepared by the Secretary‑General in consultation with the Chairperson of the Committee, in conformity with the relevant provisions of the Convention, and shall include:
Any item decided upon by the Committee at a previous session;
Any item proposed by the Chairperson of the Committee;
Any item proposed by a member of the Committee;
Any item proposed by a State party to the Convention;
Any item proposed by the Secretary-General relating to his functions under the Convention or these Rules.
Adoption of the agenda
Rule 9
The first item on the provisional agenda for any session shall be the adoption of the agenda, except for the election of the officers when required under Rule 20 of these Rules, in which case the elections shall be the first item on the provisional agenda, unless otherwise decided by the Committee.
Revision of the agenda
Rule 10
During a session, the Committee may revise the agenda and may, as appropriate, add, defer or delete items.
Transmission of the provisional agenda
Rule 11
1.The provisional agenda shall be transmitted to the members of the Committee by the Secretary-General at the time of the notification of the session, that is, at least six weeks before the session.
2.The provisional agenda shall be transmitted to members of the Committee in accessible formats.
III.Members of the Committee
Term of office
Rule 12
1.The term of office of members of the Committee shall begin on 1 January of the year after their election and, in accordance with article 34, paragraph 7, of the Convention, shall expire on 31 December four years later, except for those members elected at the first election and the first election following the entry into force of the Convention for the eighty-first State party who were chosen by lot to serve for two years, whose terms shall expire on 31 December two years after their election.
2.Members shall be eligible for re-election once.
Filling of casual vacancies
Rule 13
In accordance with article 34, paragraph 9, of the Convention, if a member of the Committee dies or resigns or declares that for any other cause she or he can no longer perform her or his duties, the State party which nominated the member shall appoint another expert possessing the qualifications and meeting the requirements of the relevant provisions of the Convention to serve for the remainder of the member’s term.
Solemn declaration
Rule 14
Upon assuming her or his duties, each member of the Committee shall make the following solemn declaration in open Committee:
“I solemnly declare that I will perform my duties and exercise my powers as a member of the Committee on the Rights of Persons with Disabilities honourably, faithfully, impartially and conscientiously.”
IV.Officers
Elections
Rule 15
The Committee shall elect from among its members a Chairperson, three Vice‑Chairpersons and a Rapporteur; these officers together shall constitute the Bureau of the Committee, which shall meet regularly.
Conduct of elections
Rule 16
1.Where there is only one candidate for election for one of its officers, the Committee may decide to elect that person by acclamation.
2.Where there are two or more candidates for election for one of its officers, or where the Committee otherwise decides to proceed with a ballot, the person who obtains a simple majority of the votes cast shall be elected.
3.If no single candidate receives a majority of the votes cast, the members of the Committee shall endeavour to reach a consensus before holding a further ballot.
4.Elections shall be conducted by secret ballot.
Term of office
Rule 17
1.The officers of the Committee shall be elected for a term of two years and be eligible for re-election provided that the principle of rotation is upheld.
2.No officer of the Committee may hold office if she or he ceases to be a member of the Committee.
Position of the Chairperson in relation to the Committee
Rule 18
1.The Chairperson shall perform the functions conferred upon her or him by the Convention and its Optional Protocol and by these Rules of Procedure.
2.In exercising her or his functions, the Chairperson shall remain under the authority of the Committee.
Acting Chairperson
Rule 19
1.If, during a session, the Chairperson is unable to be present at a meeting or any part thereof, she or he shall designate a Vice-Chairperson to act in her or his place. In the absence of such a designation, another member of the Bureau will act as Chairperson in his or her place.
2.Any member serving as acting Chairperson shall have the same powers and duties as the Chairperson.
Replacement of officers
Rule 20
If any of the officers of the Committee ceases to serve, or declares her or his unavailability to continue serving, as an officer of the Committee, a new officer shall be elected for the unexpired term of her or his predecessor.
V.Secretariat
Statements
Rule 21
The Secretary-General or her or his representative shall be present at all sessions of the Committee. The Secretary-General or her or his representative may make oral or written statements at those meetings.
Financial implications of proposals
Rule 22
Before any proposal which involves expenditures is approved by the Committee, the Secretary-General shall prepare and circulate to its members, as early as possible, an estimate of the cost involved in the proposal. It shall be the duty of the Chairperson to draw the attention of the members to this estimate and to invite discussion on it when the proposal is considered by the Committee.
The Secretariat
Rule 23
1.At the request or by decision of the Committee and subject to approval by the General Assembly:
The secretariat of the Committee and of such subsidiary bodies established by the Committee (“the Secretariat” ) shall be provided by the Secretary-General;
The Secretary-General shall provide the Committee with the necessary staff and facilities for the effective performance of its functions under the Convention and its Optional Protocol;
The Secretary-General shall be responsible for all necessary arrangements to guarantee accessibility, as provided for in Rule 7 of the present Rules of Procedure, for meetings of the Committee and its subsidiary bodies;
2.The Secretary-General shall be responsible for informing the members of the Committee without delay of any questions that may be brought before it for consideration or of any other developments that may be of relevance to the Committee.
VI.Communication and languages
Methods of communication
Rule 24
The methods of communication used by the Committee will include: languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible formats that may become available in the future through advances made in information and communication technology. The Committee will adopt its standard list of accessible formats of communication.
Types of language
Rule 25
1.The languages used by the Committee will include spoken and non-spoken languages, such as sign languages. The Committee will adopt a standard list of types of languages, in accordance with the communication needs of the Committee.
2.A member of the Committee or a participant in a public meeting of the Committee may address the Committee and/or public meeting in any of the modes, means and formats of communication specified under Rule 24 of the present Rules of Procedure.
Official languages
Rule 26
1.Arabic, Chinese, English, French, Russian and Spanish shall be the official languages of the Committee.
2.All formal decisions of the Committee shall be issued in the official languages and in accessible formats.
Records
Rule 27
1.The Secretary-General shall provide the Committee with summary records of its meetings which shall be made available to the members in the official languages and in accessible formats.
2.Summary records are subject to corrections, to be submitted to the Secretariat by participants in the meetings in the languages in which the summary record is issued. Corrections to the records of the meetings shall be consolidated in a single corrigendum to be issued shortly after the end of the session concerned.
3.The summary records of public meetings shall be documents for general distribution unless, in exceptional circumstances, the Committee decides otherwise.
4.Sound recordings of the meetings of the Committee shall be made and kept in accordance with the usual practice of the United Nations, and in accessible formats.
Days of general discussion
Rule 28
In order to enhance a deeper understanding of the content and implications of the Convention, the Committee may devote one or more meetings of its regular sessions to a general discussion on one specific article of the Convention or related subject.
VII.Public and private meetings
Public and private meetings
Rule 29
The meetings of the Committee and its working groups shall be held in public, unless the Committee decides otherwiseor it appears from the relevant provisions of the Convention or its Optional Protocol that the meetings should be held in private.
Participation in meetings
Rule 30
1.In conformity with article 38 of the Convention, representatives of specialized agencies and other United Nations organs may be represented at the consideration of the implementation of such provisions of the Convention as fall within the scope of their mandate. Representatives of the specialized agencies and other United Nations organs may participate in private meetings of the Committee or its subsidiary bodies, when invited by the Committee to do so.
2.Representatives of other competent bodies concerned, which are not included among those referred to in paragraph 1 of this Rule, may participate in public or private meetings of the Committee or its subsidiary bodies when invited by the Committee to do so.
3.The Committee may invite specialized agencies and organs of the United Nations, as well as intergovernmental organizations, national human rights institutions (particularly national monitoring bodies established under articles 16, paragraph 3 and 33, paragraph 2, of the Convention), non-governmental organizations, including those that represent persons with disabilities, and other bodies or individual experts to submit, for consideration by the Committee, written information on such matters dealt with in the Convention as fall within the scope of their activities.
VIII.Distribution of reports and other official documents of the Committee
Distribution of official documents
Rule 31
1.Documents of the Committee, including reports and information submitted by States Parties pursuant to articles 35 and 36 of the Convention and furnished to the Committee by the specialized agencies, other United Nations organs and other competent bodies, pursuant to article 38 subparagraph (a), of the Convention, shall be documents for general distribution, unless the Committee decides otherwise.
2.All documents of the Committee shall be made available in accessible formats.
IX.Conduct of business
Quorum
Rule 32
Eight members of the Committee shall constitute a quorum for the adoption of formal decisions. When the Committee reaches eighteen members, in accordance with article 34, paragraph 8, of the Convention, twelve members will constitute a quorum.
Powers of the Chairperson
Rule 33
1.In addition to exercising the powers conferred upon the Chairperson by the Convention and elsewhere by these Rules, the Chairperson shall declare the opening and closing of each session of the Committee, direct the discussion, ensure observance of these Rules, and accord the right to speak, put questions to the vote and announce decisions.
2.The Chairperson, subject to these Rules, shall have control of the proceedings of the Committee and over the maintenance of order at its meetings.
In the course of the discussion on an item, the Chairperson may propose to the Committee a limitation on the time to be allowed to speakers and on the number of times each person may speak on any question, and the closure of the list of speakers.
3.The Chairperson shall rule on points of order.
4.The Chairperson may also propose adjournment or closure of the debate or adjournment or suspension of a meeting. Debate shall be confined to the question before the Committee, and the Chairperson may call a speaker to order if his or her remarks are not relevant to the subject under discussion.
X.Decisions
Adoption of decisions
Rule 34
1.The Committee shall attempt to reach its decisions by consensus. If consensus cannot be reached, decisions shall be put to a vote.
2.Bearing in mind paragraph 1 above, the Chairperson at any meeting may, and at the request of any member shall, put the proposal to a vote.
Voting rights
Rule 35
1.Each member of the Committee shall have one vote.
2.Any proposal or motion put to the vote shall be adopted by the Committee if it has the support of a simple majority of the members present and voting. For the purpose of these Rules, “members present and voting” means members casting an affirmative or negative vote. Members who abstain from voting are considered as not voting.
Equally divided votes
Rule 36
If a vote is equally divided on matters other than elections, the proposal shall be regarded as rejected.
Method of voting
Rule 37
Unless otherwise decided by the Committee, the Committee shall vote by a roll-call, which shall be taken in the English alphabetical order of the names of the members of the Committee, beginning with the member whose name is drawn by lot by the Chairperson.
XI.Reports of the Committee
Reports to the General Assembly and the Economic and Social Council
Rule 38
The Committee shall submit to the General Assembly and to the Economic and Social Council, every two years, reports on its activities under the Convention.
Part Two. Functions of the Committee
XII.Reports and information under articles 35 and 36 of the Convention
Reports of States Parties
Rule 39
The Committee shall develop guidelines on the content of the reports of States Parties required under article 35 of the Convention.
Non-submission of reports
Rule 40
1.At each session, the Secretary-General shall notify the Committee in writing of all cases of non‑submission of reports or additional information under articles 35 and 36 of the Convention. In such cases, the Committee shall transmit to the State party concerned, through the Secretary-General, a reminder concerning the submission of such report or additional information and undertake any other efforts in a spirit of dialogue between the State concerned and the Committee.
2.If a State party is significantly overdue in the submission of a report, the Committee may, pursuant to article 36, paragraph 2, of the Convention, notify the State party concerned of the need to examine the implementation of the present Convention in that State party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification. The Committee shall invite the State party concerned to participate in such examination. Should the State party respond by submitting the relevant report, the provisions of articles 35 and 36, paragraph 1, of the Convention shall apply.
3.If, even after the reminder and other efforts referred to in this Rule, the State party does not submit the required report or additional information, the Committee shall consider the situation as it deems necessary and shall include a reference to this effect in its report to the General Assembly.
Notification to reporting States Parties
Rule 41
The Committee, through the Secretary-General, shall notify the States Parties in writing, as early as possible, of the opening date, duration and place of the session at which their respective reports will be examined. Representatives of the States Parties shall be invited to attend the meetings of the Committee when their reports are examined. The Committee may also inform a State party from which it decides to seek additional information that the State party may authorize its representative to be present at a specific meeting; such a representative should be able to answer questions which may be put to him or her by the Committee and make statements on reports already submitted by his or her State, and may also submit further information from his or her State.
Consideration of reports
Rule 42
1.The Committee shall consider reports submitted by States Parties under article 35 of the Convention, in accordance with the procedure set out in article 36 of the Convention.
2.The Committee may make such suggestions and general recommendations on the report of a State party as it may consider appropriate and shall forward these to the State party concerned.
3.The Committee may adopt more detailed reporting guidelines relating to the submission and consideration of reports submitted by States Parties under the Convention, including with respect to further information it requests from States Parties relevant to the implementation of the Convention.
Inability of a member to take part in the examination of a report
Rule 43
1.A member shall not participate in any part of the consideration of a report submitted by a State party if she or he is a national of the State party concerned.
2.Any question which may arise under paragraph 1 above shall be decided by the Committee without the participation of the member concerned.
Request for additional reports or information
Rule 44
The Committee may request any State party to furnish an additional report or additional information pursuant to article 36 of the Convention, indicating the time limit within which such additional report or information should be supplied.
Transmission of States Parties’ reports that contain a request or indicate a need for technical advice or assistance
Rule 45
1.The Committee shall transmit, pursuant to article 36, paragraph 5, of the Convention, as it may consider appropriate, to the specialized agencies, funds and programmes of the United Nations, and other competent bodies, including non-governmental organizations, reports from States Parties in order to address a request or indication of a need for technical advice or assistance contained therein.
2.The reports and information received from States Parties in accordance with paragraph 1 of this Rule shall be transmitted along with observations and recommendations, if any, of the Committee on these requests or indications.
3.The Committee may request, when it considers it appropriate to do so, information on the technical advice or assistance provided and the progress achieved.
General recommendations
Rule 46
1.The Committee may make other general recommendations based on information received pursuant to articles 35 and 36 of the Convention.
2.The Committee shall include such other general recommendations in its reports to the General Assembly.
General comments and reporting obligations
Rule 47
1.The Committee may prepare general comments based on the articles and provisions of the Convention with a view to promoting its further implementation and assisting States Parties in fulfilling their reporting obligations.
2.The Committee shall include such general comments in its report to the General Assembly.
Cooperation between States Parties and the Committee
Rule 48
The Committee shall, pursuant to articles 4, paragraph 3, 33, paragraph 3, and 37 of the Convention, advise and assist States Parties, when necessary, in ways and means of enhancing national capacities for the implementation of the Convention, and make recommendations and observations with a view to strengthening the capacity and the mandate of the national implementing and monitoring mechanisms.
XIII.Participation of specialized agencies and bodies of the United Nations and other competent bodies in the work of the Committee
Participation of specialized agencies and bodies of the United Nations
Rule 49
1.In conformity with article 38, subparagraph (a), of the Convention, the specialized agencies and other United Nations organs may be represented at the consideration of the implementation of such provisions of the Convention as fall within the scope of their mandate. The Committee may permit representatives of the specialized agencies and other United Nations organs to make oral or written statements to the Committee and to provide information appropriate and relevant to the Committee’s activities under the Convention.
2.In accordance with article 38, paragraph (a), the Committee may invite specialized agencies and other United Nations organs to submit reports on the implementation of the Convention in areas falling within the scope of their activities. The Committee may also invite the specialized agencies to provide expert advice on the implementation of the Convention in areas falling within the scope of their activities.
Intergovernmental organizations and regional integration organizations
Rule 50
Representatives of intergovernmental organizations and regional integration organizations may be invited by the Committee to make oral or written statements and provide information or documentation in areas relevant to the Committee’s activities under the Convention to meetings of the Committee.
National human rights institutions
Rule 51
Representatives of national human rights institutions may be invited by the Committee to make oral or written statements and provide information or documentation in areas relevant to the Committee’s activities under the Convention to meetings of the Committee.
Non-governmental organizations
Rule 52
Non-governmental organizations may be invited by the Committee to make oral or written statements and provide information or documentation relevant to the Committee’s activities under the Convention to meetings of the Committee.
Cooperation with bodies instituted by international human rights treaties
Rule 53
The Committee, as it discharges its mandate, shall consult, as appropriate, pursuant to article 38, subparagraph (b), of the Convention, other relevant bodies instituted by international human rights treaties, with a view to ensuring the consistency of their respective reporting guidelines, suggestions and general recommendations, and avoiding duplication and overlap in the performance of their functions.
Establishment of subsidiary bodies
Rule 54
1.The Committee may set up ad hoc subsidiary bodies and will define their composition and mandates.
2.Each subsidiary body shall elect its own officers and will, mutatis mutandis, apply the present Rules of Procedure.
XIV.Procedure for the consideration of communications received under the Optional Protocol
A.Transmission of communications to the Committee
Transmission of communications to the Committee
Rule 55
1.The Secretary-General shall bring to the attention of the Committee, in accordance with the present Rules, communications which are or appear to be submitted for consideration by the Committee under article 1 of the Optional Protocol.
2.The Secretary-General may request clarification from the author or authors of a communication as to whether they wish to have the communication submitted to the Committee for consideration under the Optional Protocol. Where there is doubt as to the intent of the author or authors, the Secretary-General shall bring the communication to the attention of the Committee.
3.The Committee may receive communications in alternative formats, in accordance with Rule 24 of the present Rules of Procedure.
4.No communication shall be received by the Committee if it concerns a State which is not a party to the Optional Protocol.
Registration of communications
Rule 56
1.The Secretary-General shall maintain a permanent record of all communications submitted for consideration by the Committee under article 1 of the Optional Protocol.
2.The full text of any communication brought to the attention of the Committee that fulfils all preliminary criteria for its registration shall be made available in the language of submission to any member of the Committee upon request by that member.
Request for clarification of additional information
Rule 57
1.The Secretary-General may request clarification from the author of a communication concerning the applicability of the Optional Protocol to the communication including:
(a)The victim’s/author’s identity, such as name, address, date of birth and occupation, or other forms of identifying details/data of the author(s)/victim(s);
(b)The name of the State party against which the communication is directed;
(c)The object of the communication;
(d)The provision or provisions of the Convention alleged to have been violated;
(e)The facts of the claim;
(f)Steps taken by the author and/or alleged victim to exhaust domestic remedies;
(g)The extent to which the same matter is being examined under another procedure of international investigation or settlement.
2.When requesting clarification or information, the Secretary-General shall indicate to the author/s of the communication a time-limit within which such information should be submitted.
3.The Committee may approve a questionnaire to facilitate requests for clarification or information from the alleged victim and/or author of a communication.
Information to Committee members
Rule 58
Information regarding registered communications shall be made available to members of the Committee at regular intervals by the Secretary-General.
B.General provisions regarding the consideration of communications by the Committee
Public and closed meetings
Rule 59
1.Meetings of the Committee or its working groups during which communications under the Optional Protocol are examined shall be closed. Meetings during which the Committee may consider general issues such as procedures for the application of the Optional Protocol may be public if the Committee so decides.
2.The Committee may issue communiqués, through the Secretary-General, for the use of the information media and the general public regarding the activities of the Committee at its closed meetings.
Inability of a member to take part in the examination of a communication
Rule 60
1.A member shall not take part in the examination of a communication by the Committee if:
(a)The member has any personal interest in the case;
(b)The member has participated in the making of any decision on the case covered bythe communication in any capacity other than under the procedures established under the Optional Protocol;
(c)The member is a national of the State party against which the communication is directed.
2.Any question which may arise under paragraph 1 above shall be decided by the Committee without the participation of the member concerned.
Withdrawal of a member
Rule 61
If, for any reason, a member considers that she or he should not take part or continue to take part in the examination of a communication, the member shall inform the Chairperson of her or his withdrawal.
Participation of members
Rule 62
Members participating in a decision should sign an attendance sheet acknowledging their participation or indicating their inability to take part or withdrawal from the examination of a communication. The information on the attendance sheet should be reflected in the decision.
Establishment of working groups and designation of rapporteurs
Rule 63
1. The Committee may establish one or more working group/s and may designate one or more Rapporteur/s to make recommendations to the Committee and to assist it in any manner in which the Committee may decide.
2.The Rules of Procedure of the Committee shall apply as far as possible to the meetings of its working groups.
Interim measures
Rule 64
1.At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State party concerned, for its urgent consideration, a request that it take such interim measures as the Committee considers necessary to avoid irreparable damage to the victim or victims of the alleged violation.
2.Where the Committee or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, requests interim measures under this Rule, the request shall state that it does not imply a determination on the merits of the communication.
3. The State party may present arguments on why the request for interim measures should be lifted.
4.On the basis of the explanations or statements submitted by the State party the Committee or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, may withdraw the request for interim measures.
Method of dealing with communications
Rule 65
1.The Committee shall by simple majority and in accordance with the following Rules, decide whether the communication is admissible or inadmissible under the Optional Protocol.
2.A working group established under Rule 63, paragraph 1, of these Rules may declare that a communication is admissible under the Optional Protocol provided that all its members so decide.
3.A working group established under Rule 63, paragraph 1, of these Rules may declare a communication inadmissible provided that all the members so agree. The decision will be transmitted to the Committee plenary, which may confirm it without formal discussion. If any Committee member requests a plenary discussion, the plenary will examine the communication and take a decision.
Order of review of communications
Rule 66
Communications shall be dealt with in the order in which they are received by the Secretariat, unless the Secretary-General, the Committee or a working group decides otherwise.
Joint consideration of communications
Rule 67
Two or more communications may be dealt with jointly if deemed appropriate by the Committee, the Special Rapporteur or a working group established under Rule 63, paragraph 1, of these Rules.
Conditions of admissibility of communications
Rule 68
1.With a view to reaching a decision on the admissibility of a communication, the Committee, or a working group, shall apply the criteria set forth in articles 1 and 2 of the Optional Protocol.
2.With a view to reaching a decision on the admissibility of a communication, the Committee shall apply the criteria set forth in article 12 of the Convention recognizing the legal capacity of the author or victim before the Committee, regardless of whether this capacity is recognized in the State party against which the communication is directed.
Authors of communications
Rule 69
Communications may be submitted by or on behalf of individuals or groups of individuals.
Procedures with regard to communications received
Rule 70
1.As soon as possible after the communication has been registered, and provided that the individual or group of individuals consent(s) to the disclosure of her/his/their identity or other forms of identifying details/data to the State party concerned, which is a prerequisite for registration, the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, shall bring the communication confidentially to the attention of the State party and shall request that State party to submit a written reply to the communication.
2.Any request made in accordance with paragraph 1 of the present Rule shall include a statement that the request does not imply that any decision has been reached on the question of the admissibility of the communication.
3.Within six months after receipt of the Committee’s request under the present Rule, the State party concerned shall submit to the Committee written explanations or statements that shall relate both to the admissibility of the communication and its merits, and also to any remedy that may have been provided in the matter.
4.The Committee may, because of the exceptional nature of a communication, request written explanations or statements that relate only to the admissibility of that communication. A State party that has been requested to submit a written reply that relates only to the question of admissibility is not precluded thereby from submitting, within six months of the request, a written reply that relates to both the communication’s admissibility and its merits.
5.A State party that has received a request for a written reply under paragraph 1 of the present Rule may submit a request in writing that the communication be rejected as inadmissible, setting out the grounds for such inadmissibility, and requesting that the admissibility of the communication be considered separately from the merits. Such a request should be submitted to the Committee within two months of the request made under paragraph 1.
6.If the State party concerned disputes the contention of the author or authors, in accordance with article 2(d) of the Optional Protocol, that all available domestic remedies have been exhausted, the State party shall give details of the remedies available to the alleged victim or victims in the particular circumstances of the case.
7.If the State party concerned disputes the legal capacity of the author or authors under article 12 of the Convention, the State party shall give details of the laws and remedies available to the alleged victim or victims in the particular circumstances of the case.
8.On the basis of the information provided by the State party to support its request for a rejection and separate consideration of admissibility, the Committee, a working group or the Special Rapporteuron Communications under the Optional Protocol, acting on behalf of the Committee, may decide to consider the admissibility of the communication separately from the merits.
9.Submission by the State party of a request in accordance with paragraph 5 of the present Rule shall not extend the period of six months given to the State party to submit its written explanations or statements on the merits, unless the Committee, a working group, or the Special Rapporteuron Communications under the Optional Protocol, acting on behalf of the Committee, decides to extend the time for submission for such a period as the Committee considers appropriate.
10.The Committee, a working group or the Special Rapporteuron Communications under the Optional Protocol, acting on behalf of the Committee, may request the State party or the author or authors of the communication to submit, within specified time limits, additional written explanations or statements relevant to the question of admissibility or the merits of a communication.
11.The Committee, a working group or the Special Rapporteur, acting on behalf of the Committee, shall transmit to each party the submissions made by the other party pursuant to the present Rule and shall afford each party an opportunity to comment on submissions within fixed time limits.
Inadmissible communications
Rule 71
1.Where the Committee decides that a communication is inadmissible under article 2(d) ofthe Optional Protocol, it shall as soon as possible communicate its decision and the reasons for that decision, through the Secretary-General, to the author(s) of the communication and to the State party concerned.
2.A decision of the Committee declaring a communication inadmissible under article 2(d) of the Optional Protocol may be reviewed at a later date by the Committee upon receipt of a written request submitted by or on behalf of the individual concerned containing information indicating that the reasons for inadmissibility referred to in article 2(d) no longer apply.
3.Any member of the Committee who has participated in the decision regarding admissibility may request that a summary of his or her individual opinion be appended to the Committee’s decision declaring a communication inadmissible. Rule 73, paragraph 6, on the submission of individual opinions set out below also applies here.
Additional procedure regarding consideration of admissibility separately from the merits
Rule 72
1.In those cases in which the issue of admissibility is decided by the Committee or a working group before the State party’s written explanation or statement on the merits of the communication is received, if the Committee or a working group decides that the communication is admissible, that decision and all other relevant information shall be submitted, through the Secretary-General, to the State party concerned. The author of the communication shall also be informed, through the Secretary-General, of the decision.
2.Any member of the Committee who has participated in the decision declaring a communication admissible may request that a summary of his or her individual opinion be appended to it. Rule 73, paragraph 6, on the submission of individual opinions set out below, also applies here.
3.Upon consideration of the merits the Committee may review its decision that a communication is admissible in the light of any explanation or statements submitted by the State party.
Views of the Committee
Rule 73
1.Where the parties have submitted information relating both to the admissibility and the merits of a communication, or in which a decision on admissibility has already been taken and the parties have submitted information on the merits of that communication, the Committee shall consider and formulate its views on the communication in the light of all written information made available to it by the author or authors of the communication and the State party concerned, provided that this information has been submitted to the other party concerned.
2. The Committee or a working group may, at any time in the course of the examinationof a communication, obtain through the Secretary-General any documentation from organizations within the United Nations system or other bodies that may be of assistance in the consideration of the communication, provided that the Committee shall afford each party an opportunity to comment on such documentation or information within fixed time limits.
3.The Committee may refer any communication to a working group to make recommendations to the Committee on the merits of the communication.
4.The Committee shall not decide on the merits of the communication without having considered the applicability of all the admissibility grounds referred to in articles 1 and 2 of the Optional Protocol.
5.The Secretary-General shall transmit the views of the Committee, determined by a simple majority, together with any recommendations, to the author or authors of the communication and to the State party concerned.
6.Any member of the Committee who has participated in the decision may request that a summary of his or her individual opinion be appended to the Committee’s views. Such individual opinions should be submitted by the member(s) concerned within two weeks of the receipt by the member(s) concerned of the final text of the decision/views in the working language of the member(s).
Discontinuation of communications
Rule 74
The Committee may discontinue communications in certain circumstances, including when the reasons behind the submission of the communication have become moot.
Follow-up on views of the Committee
Rule 75
1.Within six months of the Committee’s transmittal of its views on a communication, the State party concerned shall submit to the Committee a written response, including any information on any action taken in the light of the views and recommendations of the Committee.
2.Subsequently, the Committee may invite the State party concerned to submit further information about any measures the State party has taken in response to its views or recommendations.
3.The Committee may request the State party to include information on any action taken in response to its views or recommendations in its reports under article 35 of the Convention.
4.The Committee shall designate for follow-up on views adopted under article 5 of the Optional Protocol a Special Rapporteur or working group to ascertain the measures to be taken by States Parties to give effect to the Committee’s views.
5.The Special Rapporteur or working group may make such contacts and take such action as is appropriate for the due performance of their assigned functions and shall make such recommendations for further action by the Committee as may be necessary.
6.The Special Rapporteur or working group in charge of the follow-up mandate may, with the approval of the Committee and the State party itself, make any necessary visits to the State party concerned.
7.The Special Rapporteur or working group shall regularly report to the Committee on follow-up activities.
8.The Committee shall include information on follow-up activities in its report under article 39 of the Convention.
Confidentiality of communications
Rule 76
1.Communications under the Optional Protocol shall be examined by the Committee or a working group in closed meetings.
2.All working documents prepared by the Secretariat for the Committee, a working group or Rapporteur, including summaries of communications prepared prior to registration, the list of summaries of communications shall remain confidential, unless the Committee decides otherwise.
3.The Secretary General, the Committee, a working group or Rapporteur shall not make public any submission or information relating to a pending communication .
4.Paragraph 1 of this Rule shall not affect the right of the author or authors of a communication, the alleged victim or victims or the State party concerned to make public any submissions or information bearing on the proceedings. However, the Committee, working group or Rapporteur may, as deemed appropriate, request the author or authors of a communication, the alleged victim or victims or the State party concerned to keep confidential the whole or part of any such submissions or information.
5.The Committee’s decisions declaring communications inadmissible and decisions on the merits and discontinuances shall be made public. Separate decisions on admissibility (see Rule 72 above) shall not be made public until the Committee has considered the merits of the communication .
6.The Committee may decide that the names and identifying details of the author or authors of a communication or the alleged victim or victims of a violation of the provisions of the Convention not be disclosed in its decisions declaring communications inadmissible or decisions on the merits or discontinuance. The Committee shall take such decisions on its own initiative or upon request of the author or authors or alleged victim or victims or State party.
7.The Secretariat is responsible for the distribution of the Committee’s final decisions. It shall not be responsible for the reproduction and the distribution of submissions concerning communications.
8.Unless the Committee decides otherwise, information provided in follow-up to the Committee’s views and recommendations under article 5 of the Convention shall not be confidential. Unless the Committee decides otherwise, decisions of the Committee with regard to follow-up activities shall not be confidential.
9.The Committee shall include in its report under article 39 of the Convention information on its activities under articles 1 to 5 of the Optional Protocol.
Dissemination of information on the Committee’s activities
Rule 77
The Committee may issue communiqués regarding its activities under articles 1 to 5 of the Optional Protocol. The Secretary-General shall disseminate these communiqués through the most accessible formats.
XV.Proceedings under the inquiry procedure of the Optional Protocol
Transmission of information to the Committee
Rule 78
1.The Secretary-General shall bring to the attention of the Committee information that is or appears to be submitted for the Committee’s consideration under article 6, paragraph 1, of the Optional Protocol.
2.The Secretary-General shall maintain a permanent record of information brought to the attention of the Committee under this Rule and shall make the information available to any member of the Committee upon request.
3.The Secretary-General, when necessary, shall prepare and circulate to members of the Committee a brief summary of the information submitted in accordance with the present Rule.
Compilation of information by the Committee
Rule 79
The Committee may, on its own initiative, compile information available to it, including from the United Nations bodies, for its consideration under article 6, paragraph 1, of the Optional Protocol.
Confidentiality
Rule 80
Except in compliance with article 7 of the Optional Protocol, all documents and proceedings of the Committee relating to the conduct of an inquiry under article 6 of the Optional Protocol shall be confidential.
Meetings related to proceedings under article 6
Rule 81
Meetings of the Committee during which inquiries under article 6 of the Optional Protocol are considered shall be closed.
Preliminary consideration of information by the Committee
Rule 82
1.The Committee may, through the Secretary-General, ascertain the reliability of the information and/or the sources of the information brought to its attention under article 6 of the Optional Protocol and may obtain additional relevant information substantiating the facts of the situation.
2.The Committee shall determine whether the information it has received or compiled on its own initiative contains reliable information indicating grave or systematic violations of rights set forth in the Convention by the State party concerned.
3.The Committee may request a working group to assist it in carrying out its duties under this Rule.
Submission and examination of information
Rule 83
1.If the Committee is satisfied that the information it has received or compiled on its own initiative is reliable and indicates grave or systematic violations of rights set forth in the Convention by the State party concerned, the Committee shall invite the State party, through the Secretary-General, to submit observations with regard to that information within fixed time limits.
2. The Committee shall take into account any observations that may have been submitted by the State party concerned, as well as any other relevant information.
3.The Committee may decide to obtain additional information from:
(a)Representatives of the State party concerned;
(b)Regional integration organizations;
(c)Governmental organizations;
(d)National human rights institutions;
(e)Non-governmental organizations;
(f)Individuals, including experts.
4.The Committee shall decide the form and manner in which such additional information will be obtained.
5.The Committee may, through the Secretary-General, request any relevant information or documentation from the United Nations system.
Establishment of an inquiry
Rule 84
1.Taking account of any observations that may have been submitted by the State party concerned, as well as other reliable information, the Committee may designate one or more of its members to conduct an inquiry and to make a report within a fixed time limit.
2.An inquiry shall be conducted confidentially and in accordance with any modalities determined by the Committee.
3.The members designated by the Committee to conduct the inquiry shall determine their own methods of work, taking into account the Convention, the Optional Protocol and these Rules of Procedure.
4.During the period of the inquiry, the Committee may defer consideration of any report that the State party concerned may have submitted pursuant to article 35 of the Convention.
Cooperation of the State party concerned
Rule 85
1.The Committee shall seek the cooperation of the State party concerned at all stages of an inquiry.
2.The Committee may request the State party concerned to nominate a representative to meet with the member or members designated by the Committee.
3.The Committee may request the State party concerned to provide the member or members designated by the Committee with any information that she/he/they or the State party may consider relates to the inquiry.
Visits
Rule 86
1.Where the Committee deems it warranted, the inquiry may include a visit to the territory of the State party concerned.
2.Where the Committee decides, as a part of its inquiry, that there should be a visit to the State party concerned, it shall, through the Secretary-General, request the consent of the State party to such a visit.
3.The Committee shall inform the State party concerned of its wishes regarding the timing of the visit and the facilities required to allow those members designated by the Committee to conduct the inquiry to carry out their task.
Hearings
Rule 87
1.Visits may include hearings to enable the designated members of the Committee to determine facts or issues relevant to the inquiry.
2.The conditions and guarantees concerning any hearings held in accordance with paragraph 1 of the present Rule shall be established by the designated members of the Committee visiting the State party in connection with an inquiry, and the State party concerned.
3.Any person appearing before the designated members of the Committee for the purpose of giving testimony shall make a solemn declaration as to the veracity of her or his testimony and the confidentiality of the procedure.
4.The Committee shall inform the State party that it shall take all appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill-treatment or intimidation as a consequence of participating in any hearings in connection with an inquiry or with meeting the designated members of the Committee conducting the inquiry.
Assistance during an inquiry
Rule 88
1.In addition to the staff and facilities, including assistants that shall be provided by the Secretary-General to the designated members of the Committee in connection with an inquiry, including during a visit to the State party concerned, the designated members of the Committee may, through the Secretary-General, invite interpreters and/or such persons with special competence in the fields covered by the Convention as are deemed necessary by the Committee to provide assistance at all stages of the inquiry.
2.Where such interpreters or other persons of special competence are not bound by the oath of allegiance to the United Nations, they shall be required to declare solemnly that they will perform their duties honestly, faithfully and impartially, and that they will respect the confidentiality of the proceedings.
Transmission of findings, comments or suggestions
Rule 89
1.After examining the findings of the designated members submitted in accordance with Rule 85 of the present Rules, the Committee shall transmit the findings of the inquiry, through the Secretary-General, to the State party concerned together with any comments and recommendations.
2.The State party concerned shall submit its observations on the findings, comments and recommendations to the Committee, through the Secretary-General, within six months of their receipt.
Follow-up action by the State party
Rule 90
1.The Committee may, through the Secretary-General, invite a State party that has been the subject of an inquiry to include in its report under article 35 of the Convention, and Rule 39, details of any measures taken in response to an inquiry conducted under article 6 of the Optional Protocol.
2.The Committee may, after the end of the period of six months referred to in paragraph 2 of Rule 90 above, invite the State party concerned, through the Secretary General, to inform it of any measures taken in response to an inquiry.
Applicability
Rule 91
Rules 78 to 90 of the present Rules shall not be applied to a State party that, in accordance with article 8 of the Optional Protocol, declared at the time of ratification or accession to the Optional Protocol that it does not recognize the competence of the Committee provided for in article 6 and 7 of the Optional Protocol, unless that State party has subsequently withdrawn its declaration.
Part Three. Interpretation and amendments
Headings
Rule 92
For the purpose of the interpretation of the present Rules, the headings, which are inserted for reference purposes only, shall be disregarded.
Interpretation of Rules of Procedure
Rule 93
In its interpretation of its Rules of Procedure, the Committee may seek guidance from the practice, procedure and interpretation of other treaty bodies with similar rules .
Suspensions
Rule 94
Any of the present Rules may be suspended by a decision of the Committee, taken by a two-thirds majority of the members present and voting, provided that such suspension is not inconsistent with the Convention and the Optional Protocol.
Amendments
Rule 95
These Rules of Procedure may be amended by a decision of the Committee taken by a two-thirds majority of the members present and voting and at least twenty-four (24) hours after the proposal for the amendment has been circulated, provided that the amendment is not inconsistent with the Convention and the Optional Protocol.