Page 40 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

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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 ten States Parties to the present Covenant
have made declarations under paragraph I 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 A declaration may be withdrawn at any time by notification to the Secretary-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 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 42

1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States
Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of respect for the present
Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the
States Parties concerned fail to reach agreement within three months on all or part of the composition
of the Commission, the members of the Commission concerning whom no agreement has been
reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among
its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals
of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party
which has not made a declaration under article 41. 3. The Commission shall elect its own Chairman
and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or
at the United Nations Office at Geneva. However, they may be held at such other convenient places as
the Commission may determine in consultation with the Secretary-General of the United Nations and
the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed
under this article.

6. The information received and collated by the Committee shall be made available to the Commission
and the Commission may call upon the States Parties concerned to supply any other relevant
information.

7. When the Commission has fully considered the matter, but in any event not later than twelve
months after having been seized of the matter, it shall submit to the Chairman of the Committee a
report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it
shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the
present Covenant is reached, the Commission shall confine its report to a brief statement of the facts
and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall
embody its findings on all questions of fact relevant to the issues between the States Parties