Page 163 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

7

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 any of the rights set forth in this Convention.
No communication shall be received by the Committee if it concerns a State Party which has not made
such a declaration. 2. Any State Party which makes a declaration as provided for in paragraph I of this
article may establish or indicate a body within its national legal order which shall be competent to
receive and consider petitions from individuals and groups of individuals within its jurisdiction who
claim to be victims of a violation of any of the rights set forth in this Convention and who have
exhausted other available local remedies.

3. A declaration made in accordance with paragraph 1 of this article and the name of any body
established or indicated in accordance with paragraph 2 of this article shall be deposited by the State
Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-
General, but such a withdrawal shall not affect communications pending before the Committee.

4. A register of petitions shall be kept by the body established or indicated in accordance with
paragraph 2 of this article, and certified copies of the register shall be filed annually through
appropriate channels with the Secretary-General on the understanding that the contents shall not be
publicly disclosed.

5. In the event of failure to obtain satisfaction from the body established or indicated in accordance
with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the
Committee within six months.

6.

(a) The Committee shall confidentially bring any communication referred to it to the attention of the
State Party alleged to be violating any provision of this Convention, but the identity of the individual or
groups of individuals concerned shall not be revealed without his or their express consent. The
Committee shall not receive anonymous communications;

(b) 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.

7.

(a) The Committee shall consider communications in the light of all information made available to it by
the State Party concerned and by the petitioner. The Committee shall not consider any communication
from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic
remedies. However, this shall not be the rule where the application of the remedies is unreasonably
prolonged;

(b) The Committee shall forward its suggestions and recommendations, if any, to the State Party
concerned and to the petitioner.

8. The Committee shall include in its annual report a summary of such communications and, where
appropriate, a summary of the explanations and statements of the States Parties concerned and of its
own suggestions and recommendations. 9. The Committee shall be competent to exercise the
functions provided for in this article only when at least ten States Parties to this Convention are bound
by declarations in accordance with paragraph I of this article.

Article 15

1 . Pending the achievement of the objectives of the Declaration on the Granting of Independence to
Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December
1960, the provisions of this Convention shall in no way limit the right of petition granted to these
peoples by other international instruments or by the United Nations and its specialized agencies. 2.