Page 186 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months
after the receipt by the receiving State of the initial communication, either State shall have the right to
refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it under this article only after it has ascertained
that all domestic remedies have been invoked and exhausted in the matter, 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 or is unlikely to bring effective relief to the person who is the
victim of the violation of this Convention;

(d) The Committee shall hold closed meetings when examining communications under this article; (e)
Subject to the provisions of subparagraph

(c), the Committee shall make available its good offices to the States Parties concerned with a view to
a friendly solution of the matter on the basis of respect for the obligations provided for in this
Convention. For this purpose, the Committee may, when appropriate, set up an ad hoc conciliation
commission;

(f) In any matter referred to it under this article, the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered by the Committee and to make submissions orally
and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph
(b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report
to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its
report to a brief statement of the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the report.

In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when five States Parties to this Convention have
made declarations under paragraph 1 of this article. Such declarations shall be deposited by the States
Parties 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.
Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a
communication already transmitted under this article; no further communication by any State Party
shall be received under this article after the notification of withdrawal of the declaration has been
received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 22

1. A State Party to this Convention may at any time declare under this article that it recognizes the
competence of the Committee to receive and consider communications from or on behalf of individuals
subject to its jurisdiction who claim to be victims of a violation by a State Party of the provisions of the
Convention. No communication shall be received by the Committee if it concerns a State Party which
has not made such a declaration.

2. The Committee shall consider inadmissible any communication under this article which is
anonymous or which it considers to be an abuse of the right of submission of such communications or
to be incompatible with the provisions of this Convention.