Page 187 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ
P. 187

3. Subject to the provisions of paragraph 2, the Committee shall bring any communications submitted
               to it under this article to the attention of the State Party to this Convention which has made a
               declaration under paragraph I and is alleged to be violating any provisions of the Convention. Within
               six 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.

               4. The Committee shall consider communications received under this article in the light of all
               information made available to it by or on behalf of the individual and by the State Party concerned. 5.
               The Committee shall not consider any communications from an individual under this article unless it
               has ascertained that:

               (a) The same matter has not been, and is not being, examined under another procedure of
               international investigation or settlement;

               (b) The individual has exhausted all available domestic remedies; this shall not be the rule where the
               application of the remedies is unreasonably prolonged or is unlikely to bring effective reliefto the
               person who is the victim of the violation of this Convention.

               6. The Committee shall hold closed meetings when examining communications under this article.

               7. The Committee shall forward its views to the State Party concerned and to the individual.

               8. 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 A declaration may be withdrawn at any time by notification to the Secretary-General.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 or on behalf of an
               individual 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 has made a new declaration.

               Article 23

               The members of the Committee and of the ad hoc conciliation commissions which may be appointed
               under article 21, paragraph I (e), shall be entitled to the facilities, privileges and immunities of experts
               on mission for the United Nations as laid down in the relevant sections of the Convention on the
               Privileges and Immunities of the United Nations.

               Article 24

               The Committee shall submit an annual report on its activities under this Convention to the States
               Parties and to the General Assembly of the United Nations.

                                                          PART III



               Article 25

               1. This Convention is open for signature by all States. 2. This Convention is subject to ratification.
               Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

               Article 26

               This Convention is open to accession by all States. Accession shall be effected by the deposit of an
               instrument of accession with the Secretary General of the United Nations.

               Article 27
   182   183   184   185   186   187   188   189   190   191   192