O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.
Não foi possivel carregar a página pretendida. Reportar Erro

10 DE ABRIL DE 1981

2075

The Committee may request further information from the States Parties.

2 — The Committee shall report annually, through the Secretary-General, to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties. Such suggestions and general recommandations shall be reported to the General Assembly together with comments, if any, from States Parties.

ARTICLE 10

1 — The Committee shall adopt its own rules of procedure.

2 — The Committee shal elect its officers for a term of two years.

3 —The secretariat of the Committee shall be provided by the Secretary-General of the United Nations.

4 —The meeting of the Committee shall normally be held at United Nations Headquarters.

ARTICLB 11

1 — If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee. The Committee shall then transmit the communication to the State Party concerned. Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

2 — If the matter is not adjusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, withim six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee by notifying the Committee and also the other State.

3 —The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged.

4 — In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information.

5 — When any matter arising out of this article is being considered by the Committee, the States Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, without voting rights, while the matter is under consideration.

ARTICLE 12

1 — a) After the Committee has obtained and collated all the information it deems necessary, the chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission) comprising five persons who may or may not be members of the Committee. The members of the Commission shall be appointed with the unanimous consent of

the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for this Convention.

b) If the States Parties to the dispute fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Comission not agreed upon by the States Parties to the dispute shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its own members.

2 — The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties to the dispute or of a State not Party to this Convention.

3 — The Commission shall elect its own chairman and adopt its own rules of procedure.

4 — The meeting of the Commission shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Commission.

5 — The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also service the Commission whenever a dispute among States Parties brings the Commission into being.

6 — The States Parties to the dispute shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

7 — The Secretary-General shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties to the dispute in accordance with paragraph 6 of this article.

8 — The information obtained and cellated by the Committee shall be made available to the Commission, and the Commission may call upon the States concerned to supply any other relevant information.

ARTICLE 13

1 — When the Commission has fully considered the matter, it shall prepare and submit to the chairman of the Committee a report embodying its findings on all questions of fact relevant to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.

2 — The chairman of the Committee shall communicate the report of the Commission to each of the States Parties to the dispute. These States shall, within three months, inform the chairman of the Committee whether or not they accept the recommendations contained in the report of the Commission.

3 — After the period provided for in paragraph 2 of this article, the chairman of the Committee shall communicate the report of the Commission and the declarations of the States Parties concerned to the other States Parties to this Convention.

ARTICLE 14 s

1 — A State Party may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by that State Party of

Páginas Relacionadas