Annex I
Rules
of procedure of the Committee on the Elimination of Discrimination against
Women
Contents
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Rule |
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Part one |
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I. Sessions..................................................................... |
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1. Sessions................................................................. |
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2. Regular sessions........................................................... |
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3. Special sessions........................................................... |
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4. Pre-sessional working group.................................................. |
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5. Place of sessions.......................................................... |
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6. Notification of opening date of
sessions......................................... |
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II. Agenda...................................................................... |
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7. Provisional agenda......................................................... |
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8. Transmission of the provisional agenda......................................... |
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9. Adoption of the agenda..................................................... |
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10. Revision of the agenda...................................................... |
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III. Members of the Committee |
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11. Members of the Committee................................................... |
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12. Term of office............................................................. |
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13. Casual vacancies.......................................................... |
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14. Filling casual vacancies...................................................... |
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15. Solemn declaration......................................................... |
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IV. Officers...................................................................... |
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16. Election of officers of the Committee............................................ |
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17. Term of office............................................................. |
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18. Functions of the Chairperson................................................. |
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19. Absence of the Chairperson at meetings of
the Committee............................ |
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20. Replacement of officers...................................................... |
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V. Secretariat |
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21. Duties of the Secretary-General................................................ |
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22. Statements............................................................... |
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23. Financial implications....................................................... |
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VI. Languages................................................................... |
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24. Official languages.......................................................... |
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25. Interpretation............................................................. |
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26. Language of documents..................................................... |
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VII. Records..................................................................... |
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27. Records................................................................. |
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VIII. Conduct of business............................................................ |
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28. Public and private meetings................................................... |
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29. Quorum................................................................. |
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30. Powers of the Chairperson................................................... |
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IX. Voting....................................................................... |
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31. Adoption of decisions...................................................... |
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32. Voting rights.............................................................. |
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33. Equally divided votes....................................................... |
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34. Method of voting.......................................................... |
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35. Conduct during voting and explanation of
vote.................................... |
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36. Division of proposals....................................................... |
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37. Order of voting on amendments............................................... |
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38. Order of voting on proposals................................................. |
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39. Method of election......................................................... |
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40. Conduct of elections for filling one
elective place.................................. |
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X. Subsidiary bodies.............................................................. |
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41. Subsidiary bodies.......................................................... |
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XI. Annual report of the Committee |
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42. Annual report of the Committee................................................ |
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XII. Distribution of reports and other
official documents |
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43. Distribution of reports and other
official documents................................ |
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XIII. Participation of specialized agencies and
bodies of the United Nations and of intergovernmental and non-governmental
organizations................................................... |
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44. Participation of specialized agencies and
bodies of the United Nations and of intergovernmental and non-governmental
organizations............................................ |
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45. Specialized agencies........................................................ |
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46. Intergovernmental organizations and
United Nations bodies.......................... |
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47. Non-governmental organizations............................................... |
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Part two |
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XIV. Reports of States parties under article
18 of the Convention |
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48. Submission of reports under article 18 of
the Convention............................. |
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49. Failure to submit or late submission of
reports..................................... |
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50. Request for additional information.............................................. |
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51. Examination of reports....................................................... |
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52. Suggestions and general recommendations....................................... |
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53. Concluding comments....................................................... |
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54. Working methods for examining reports.......................................... |
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XV. General discussion............................................................. |
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55. General discussion......................................................... |
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Part three |
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XVI. Procedures for the consideration of communications
received under the Optional Protocol |
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56. Transmission of communications to the
Committee |
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57. List and register of communications |
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58. Request for clarification or additional
information.................................. |
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59. Summary of information..................................................... |
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60. Inability of a member to take part in the
examination of a communication |
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61. Withdrawal of a member..................................................... |
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62. Establishment of working groups and
designation of rapporteurs |
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63. Interim measures........................................................... |
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64. Method of dealing with communications |
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65. Order of communications |
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66. Separate consideration of admissibility
and merits.................................. |
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67. Conditions of admissibility of
communications |
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68. Authors of communications.................................................. |
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69. Procedures with regard to communications
received |
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70. Inadmissible communications................................................. |
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71. Additional procedures whereby admissibility
may be considered separately from the merits... |
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72. Views of the Committee on admissible
communications |
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73. Follow-up to the views of the Committee |
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74. Confidentiality of communications............................................. |
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75. °ä´Ç³¾³¾³Ü²Ô¾±±ç³Üés............................................................. |
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XVII. Proceedings under the inquiry procedure
of the Optional Protocol.......................... |
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76. Applicability.............................................................. |
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77. Transmission of information to the
Committee |
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78. Register of information...................................................... |
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79. Summary of information..................................................... |
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80. Confidentiality............................................................ |
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81. Meetings related to proceedings under
article 8 |
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82. Preliminary consideration of information
by the Committee |
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83. Examination of information |
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84. Establishment of an inquiry................................................... |
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85. Cooperation of the State party concerned |
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86. Visits................................................................... |
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87. Hearings................................................................. |
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88. Assistance during an inquiry................................................. |
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89. Transmission of findings, comments or suggestions |
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90. Follow-up action by the State party |
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91. Obligations under article 11 of the
Optional Protocol |
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Part four |
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XVIII. Interpretation and amendments |
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92. Headings................................................................ |
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93. Amendments............................................................. |
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94. Suspension............................................................... |
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Part one
General rules
I. Sessions
Rule
1
Sessions
The
Committee on the Elimination of Discrimination against Women (hereinafter
referred to as “the Committee”) shall hold such sessions as may be required for
the effective performance of its functions in accordance with the Convention on
the Elimination of All Forms of Discrimination against Women (hereinafter
referred to as “the Convention”).
Rule
2
Regular sessions
1. The
Committee shall hold such regular sessions each year as shall be authorized by
the States parties to the Convention.
2. Regular
sessions of the Committee shall be convened on dates decided upon by the
Committee in consultation with the Secretary-General of the United Nations
(hereinafter referred to as “the Secretary-General”), taking into account the
calendar of conferences and meetings approved by the General Assembly.
Rule
3
Special sessions
1. Special
sessions of the Committee shall be convened by decision of the Committee or at
the request of a State party to the Convention. The Chairperson of the
Committee may also convene special sessions:
(a) At the request of a majority of members of
the Committee;
(b) At the request of a State party to the
Convention.
2. Special
sessions shall be convened as soon as possible at a date fixed by the
Chairperson in consultation with the Secretary-General and with the Committee.
Rule
4
Pre-sessional working group
1. A
pre-sessional working group, which shall consist of no more than five members
of the Committee designated by the Chairperson in consultation with the
Committee at a regular session, and reflecting equitable geographical
representation, shall normally be convened prior to each regular session.
2. The
pre-sessional working group shall formulate a list of issues and questions on
substantive issues arising from reports submitted by States parties in
accordance with article 18 of the Convention and submit that list of issues and
questions to the States parties concerned.
Rule
5
Place of sessions
Sessions
of the Committee shall normally be held at the Headquarters or the other
offices of the United Nations. Another venue for a session may be proposed by
the Committee in consultation with the Secretary-General.
Rule
6
Notification of opening date of sessions
The
Secretary-General shall notify members of the Committee of the date, duration
and place of the first meeting of each session. Such notification shall be
sent, in the case of a regular session, at least six weeks in advance.
II. Agenda
Rule
7
Provisional agenda
The
provisional agenda for each regular or special session shall be prepared by the
Secretary-General in consultation with the Chairperson of the Committee, in
conformity with the relevant provisions of the Convention, and shall include:
(a) Any item decided upon by the Committee at
a previous session;
(b) Any item proposed by the Chairperson of
the Committee;
(c) Any item proposed by a member of the
Committee;
(d) Any item proposed by a State party to the
Convention;
(e) Any item proposed by the Secretary-General
relating to her or his functions under the Convention or the present rules of
procedure.
Rule
8
Transmission of the provisional agenda
The
provisional agenda and the basic documents relating to each item thereof, the report
of the pre-sessional working group, the reports of States parties submitted
under article 18 of the Convention and the responses by States parties to
issues raised by the pre-sessional working group shall be prepared in all of
the official languages of the United Nations by the Secretary-General, who
shall endeavour to have the documents transmitted to members of the Committee
at least six weeks prior to the opening of the session.
Rule
9
Adoption of the agenda
The
first item on the provisional agenda for any session shall be the adoption of
the agenda.
Rule
10
Revision of the agenda
During
a session, the Committee may amend the agenda and may, as appropriate, delete
or defer items by the decision of a majority of the members present and voting.
Additional items of an urgent nature may be included in the agenda by a
majority of the members.
III. Members of the Committee
Rule
11
Members of the Committee
Members
of the Committee may not be represented by alternates.
Rule
12
Term of office
The
term of office of members begins:
(a) On the 1st day of January of the year
after their election by the meeting of States parties and shall end on the 31st
day of December four years later;
(b) On the date of the approval by the
Committee, if appointed to fill a casual vacancy, and shall end on the date of
expiration of the term of office of the member or members being replaced.
Rule
13
Casual vacancies
1. A
casual vacancy may occur through death, the inability of a Committee member to
perform her or his function as a member of the Committee or the resignation of
a member of the Committee. The Chairperson shall immediately notify the
Secretary-General who shall inform the State party of the member so that action
may be taken in accordance with article 17, paragraph 7, of the Convention.
2. Notification
of the resignation of a member of the Committee shall be in writing to the
Chairperson or to the Secretary-General, and action shall be taken in
accordance with article 17, paragraph 7, of the Convention only after such
notification has been received.
3. A
member who is unable to attend meetings of the Committee shall inform the
Secretary-General as early as possible and, if this inability is likely to be
extended, the member should resign.
4. When
a member of the Committee is consistently unable to carry out her or his
functions for any cause other than absence of a temporary nature, the
Chairperson shall draw the above rule to her or his attention.
5. Where
a member of the Committee has rule 13, paragraph 4, drawn to her or his
attention and does not resign in accordance with that rule, the Chairperson
shall notify the Secretary-General who shall then inform the State party of the
member to enable action to be taken in accordance with article 17, paragraph 7,
of the Convention.
Rule
14
Filling casual vacancies
1. When
a casual vacancy within article 17, paragraph 7, of the Convention occurs in
the Committee, the Secretary-General shall immediately request the State party
that had nominated that member to appoint, within a period of two months,
another expert from among its nationals to serve for the remainder of the
predecessor’s term.
2. The
name and curriculum vitae of the expert so appointed shall be transmitted by
the Secretary-General to the Committee for approval. Upon approval of the
expert by the Committee, the Secretary-General shall notify the States parties
of the name of the member of the Committee filling the casual vacancy.
Rule
15
Solemn declaration
Upon
assuming their duties, members of the Committee shall make the following solemn
declaration in open Committee:
“I solemnly declare that I shall perform my duties and
exercise powers as a member of the Committee on the Elimination of
Discrimination against Women honourably, faithfully, impartially and
conscientiously.”
IV. Officers
Rule
16
Election of officers of the Committee
The
Committee shall elect from among its members a Chairperson, three
Vice-Chairpersons and a Rapporteur with due regard to equitable geographical
representation.
Rule
17
Term of office
The
officers of the Committee shall be elected for a term of two years and be
eligible for re-election provided that the principle of rotation is upheld.
None of them, however, may hold office if she or he ceases to be a member of
the Committee.
Rule
18
Functions of the Chairperson
1. The
Chairperson shall perform the functions conferred upon her or him by these
rules of procedure and the decisions of the Committee.
2. In
the exercise of those functions the Chairperson shall remain under the
authority of the Committee.
3. The
Chairperson shall represent the Committee at United Nations meetings in which the
Committee is officially invited to participate. If the Chairperson is unable to
represent the Committee at such a meeting, she or he may designate another
officer of the Committee or, if no officer is available, another member of the
Committee, to attend on her or his behalf.
Rule
19
Absence of the Chairperson at meetings of the Committee
1. If
the Chairperson is unable to be present at a meeting or any part thereof, she
or he shall designate one of the Vice-Chairpersons to act in her or his place.
2. In
the absence of such a designation, the Vice-Chairperson to preside shall be
chosen according to the names of the Vice-Chairpersons as they appear in
English alphabetical order.
3. A
Vice-Chairperson acting as a Chairperson shall have the same powers and duties
as the Chairperson.
Rule
20
Replacement of officers
If
any of the officers of the Committee ceases to serve or declares her or his
inability to continue serving as a member of the Committee or for any reason is
no longer able to act as an officer, a new officer from the same region shall
be elected for the unexpired term of her or his predecessor.
V. Secretariat
Rule
21
Duties of the Secretary-General
1. At
the request or by decision of the Committee and approval by the General Assembly:
(a) The secretariat of the Committee and of
such subsidiary bodies established by the Committee (“the Secretariat”) shall
be provided by the Secretary-General;
(b) The Secretary-General shall provide the
Committee with the necessary staff and facilities for the effective performance
of its functions under the Convention;
(c) The Secretary-General shall be responsible
for all necessary arrangements for meetings of the Committee and its subsidiary
bodies.
2. The
Secretary-General shall be responsible for informing the members of the
Committee without delay of any questions that may be brought before it for
consideration or of any other developments that may be of relevance to the
Committee.
Rule
22
Statements
The
Secretary-General or her or his representative shall be present at all meetings
of the Committee and may make oral or written statements at such meetings or at
meetings of its subsidiary bodies.
Rule
23
Financial implications
Before
any proposal that involves expenditure is approved by the Committee or by any
of its subsidiary bodies, the Secretary-General shall prepare and circulate to
the members of the Committee or subsidiary body as early as possible, an
estimate of the cost involved in the proposal. It shall be the duty of the
Chairperson to draw the attention of members to this estimate and to invite
discussion on it when the proposal is considered by the Committee or subsidiary
body.
VI. Languages
Rule
24
Official languages
Arabic,
Chinese, English, French, Russian and Spanish shall be the official languages
of the Committee.
Rule
25
Interpretation
1. Statements
made in an official language shall be interpreted into the other official
languages.
2. Any
speaker addressing the Committee in a language other than one of the official
languages shall normally provide for interpretation into one of the official
languages. Interpretation into the other official languages by interpreters of
the Secretariat shall be based upon the interpretation given in the first
official language.
Rule
26
Language of documents
1. All
official documents of the Committee shall be issued in the official languages
of the United Nations.
2. All
formal decisions of the Committee shall be made available in the official
languages of the United Nations.
VII. Records
Rule
27
Records
1. The
Secretary-General shall provide the Committee with summary records of its
proceedings, which shall be made available to the members.
2. Summary
records are subject to correction, to be submitted to the Secretariat by
participants in the meetings in the language in which the summary record is
issued. Corrections to the records of the meetings shall be consolidated in a
single corrigendum to be issued after the conclusion of the relevant session.
3. The
summary records of public meetings shall be documents for general distribution
unless in exceptional circumstances the Committee decides otherwise.
4. Sound
recordings of meetings of the Committee shall be made and kept in accordance
with the usual practice of the United Nations.
VIII. Conduct of business
Rule
28
Public and private meetings
1. The
meetings of the Committee and its subsidiary bodies shall be held in public
unless the Committee decides otherwise.
2. Meetings
at which concluding comments on reports of States parties are discussed, as
well as meetings of the pre-sessional working group and other working groups,
shall be closed unless the Committee decides otherwise.
3. No
person or body shall, without the permission of the Committee, film or
otherwise record the proceedings of the Committee. The Committee shall, if
necessary, and before giving such permission, seek the consent of any State
party reporting to the Committee under article 18 of the Convention to the
filming or other recording of the proceedings in which it is engaged.
Rule
29
Quorum
Twelve
members of the Committee shall constitute a quorum.
Rule
30
Powers of the Chairperson
1. The
Chairperson shall declare the opening and closing of each meeting of the
Committee, direct the discussion, ensure observance of the present rules,
accord the right to speak, put questions to the vote and announce decisions.
2. The
Chairperson, subject to the present rules, shall have control over the
proceedings of the Committee and over the maintenance of order at its meetings.
3. The
Chairperson may, in the course of the discussion of an item, including the
examination of reports submitted under article 18 of the Convention, propose to
the Committee the limitation of the time to be allowed to speakers, the
limitation of the number of times each speaker may speak on any question and
the closure of the list of speakers.
4. The
Chairperson shall rule on points of order. She or he shall also have the power
to propose adjournment or closure of the debate or adjournment or suspension of
a meeting. Debate shall be confined to the question before the Committee, and
the Chairperson may call a speaker to order if her or his remarks are not relevant
to the subject under discussion.
5. During
the course of the debate, the Chairperson may announce the list of speakers
and, with the consent of the Committee, declare the list closed.
IX. Voting
Rule
31
Adoption of decisions
1. The
Committee shall endeavour to reach its decisions by consensus.
2. If
and when all efforts to reach consensus have been exhausted, decisions of the
Committee shall be taken by a simple majority of the members present and
voting.
Rule
32
Voting rights
1. Each
member of the Committee shall have one vote.
2. For
the purpose of these rules, “members present and voting” means members casting
an affirmative or negative vote. Members who abstain from voting are considered
as not voting.
Rule
33
Equally divided votes
If
a vote is equally divided on a matter other than an election, the proposal
shall be regarded as having been rejected.
Rule
34
Method of voting
1. Subject
to rule 39 of the present rules, the Committee shall normally vote by show of
hands, except that any member may request a roll-call, which shall then be
taken in the English alphabetical order of the names of the members of the
Committee, beginning with the member whose name is drawn by lot by the
Chairperson.
2. The
vote of each member participating in a roll-call shall be inserted in the
record.
Rule
35
Conduct during voting and explanation of vote
After
voting has commenced, it shall not be interrupted unless a member raises a
point of order in connection with the actual conduct of the voting. Brief
statements by members consisting solely of explanations of vote may be
permitted by the Chairperson before the voting has commenced or after the
voting has been completed.
Rule
36
Division
of proposals
Parts
of a proposal shall be voted on separately if a member requests that the
proposal be divided. Those parts of the proposal that have been approved shall
then be put to the vote as a whole; if all operative parts of a proposal have
been rejected, the proposal shall be considered to have been rejected as a
whole.
Rule
37
Order
of voting on amendments
1. When
an amendment to a proposal is moved, the amendment shall be voted on first.
When two or more amendments to a proposal are moved, the Committee shall first
vote on the amendment furthest removed in substance from the original proposal
and then on the amendment next furthest removed therefrom and so on until all
amendments have been put to the vote. If one or more amendments are adopted,
the amended proposal shall then be voted upon.
2. A
motion is considered an amendment to a proposal if it merely adds to, deletes
from or revises part of the proposal.
Rule
38
Order
of voting on proposals
1. If
two or more proposals relate to the same question, the Committee shall, unless
it decides otherwise, vote on the proposals in the order in which they have
been submitted.
2. The
Committee may, after each vote on a proposal, decide whether to vote on the
next proposal.
3. Any
motions requiring that no decision be taken on the substance of such proposals
shall, however, be considered as previous questions and shall be put to the
vote before those proposals.
Rule
39
Method
of election
An
election shall be held by secret ballot, unless the Committee decides otherwise
in the case of an election to fill a place for which there is only one
candidate.
Rule
40
Conduct
of elections for filling one elective place
1. When
only one elective place is to be filled and no candidate obtains in the first
ballot the majority required, a second ballot shall be taken, which shall be
restricted to the two candidates who obtained the largest number of votes.
2. If
in the second ballot the votes are equally divided, and a majority is required,
the Chairperson shall decide between the candidates by drawing lots. If a
two-thirds majority is required, the balloting shall be continued until one
candidate secures two thirds of the votes cast provided that, after the third
inconclusive ballot, votes may be cast for any eligible member.
3. If
three such unrestricted ballots are inconclusive, the next three ballots shall
be restricted to the two candidates who obtained the greatest number of votes
in the third of the unrestricted ballots, and the following three ballots
thereafter shall be unrestricted, and so on until a member is elected.
X. Subsidiary bodies
Rule
41
Subsidiary bodies
1. The
Committee may set up ad hoc subsidiary bodies and will define their composition
and mandates.
2. Each
subsidiary body shall elect its own officers and will, mutatis mutandis, apply
the present rules of procedure.
XI. Annual report of the Committee
Rule
42
Annual report of the Committee
1. As
provided in article 21, paragraph 1, of the Convention, the Committee shall
submit to the General Assembly, through the Economic and Social Council, an
annual report on its activities which shall contain, inter alia, the concluding
comments of the Committee relating to the report of each State party, and information
relating to its mandate under the Optional Protocol to the Convention.
2. The
Committee shall also include in its report suggestions and general
recommendations, together with any comments received from States parties.
XII. Distribution of reports and other official
documents
Rule
43
Distribution of reports and other official documents
1. Reports,
formal decisions, pre-sessional documents and all other official documents of
the Committee and its subsidiary bodies shall be documents for general
distribution unless the Committee decides otherwise.
2. Reports
and additional information submitted by States parties under article 18 of the
Convention shall be documents for general distribution.
XIII. Participation of specialized agencies and
bodies of the United Nations and of intergovernmental and non-governmental
organizations
Rule
44
Participation of specialized agencies and bodies of the United Nations and of
intergovernmental and non-governmental organizations
The
Secretary-General shall notify each specialized agency and United Nations body
as early as possible of the opening date, duration, place and agenda of each
session of the Committee and of the pre-sessional working group.
Rule
45
Specialized
agencies
1. In
accordance with article 22 of the Convention, the Committee may invite
specialized agencies to submit reports on the implementation of the Convention
in areas falling within the scope of their activities. Any such reports shall
be issued as pre-sessional documents.
2. Specialized
agencies shall be entitled to be represented at meetings of the Committee or of
the pre-sessional working group when the implementation of such provisions of
the Convention as fall within the scope of their activities is being
considered. The Committee may permit representatives of the specialized
agencies to make oral or written statements to the Committee or to the
pre-sessional working group, and to provide information appropriate and
relevant to the Committee’s activities under the Convention.
Rule
46
Intergovernmental
organizations and United Nations bodies
Representatives
of intergovernmental organizations and United Nations bodies may be invited by
the Committee to make oral or written statements and provide information or
documentation in areas relevant to the Committee’s activities under the
Convention, to meetings of the Committee or to its pre-sessional working group.
Rule
47
Non-governmental
organizations
Representatives
of non-governmental organizations may be invited by the Committee to make oral
or written statements and to provide information or documentation relevant to
the Committee’s activities under the Convention to meetings of the Committee or
to its pre-sessional working group.
Part two
Rules relating to the functions of the Committee
XIV. Reports of States parties under article 18
of the Convention
Rule
48
Submission of reports under article 18 of the Convention
1. The
Committee shall examine the progress made in the implementation of the
Convention through the consideration of reports of States parties submitted to
the Secretary-General on legislative, judicial, administrative and other
measures.
2. In
order to assist States parties in their reporting tasks, the Committee shall
issue general guidelines for the preparation of initial reports and of periodic
reports, taking into account the consolidated guidelines, common to all the
human rights treaty bodies, for the first part of initial and periodic reports
of States parties.
3. Taking
into account the consolidated guidelines relating to the reports required under
United Nations human rights treaties, the Committee may formulate general
guidelines as to the form and content of the initial and periodic reports of
States parties required under article 18 of the Convention and shall, through
the Secretary-General, inform the States parties of the Committee’s wishes
regarding the form and content of such reports.
4. A
State party reporting at a session of the Committee may provide additional
information prior to the consideration of the report by the Committee, provided
that such information reaches the Secretary-General no later than four months
prior to the opening date of the session at which the report of the State party
is to be considered.
5. The
Committee may request a State party to submit a report on an exceptional basis.
Such reports shall be limited to those areas on which the State party has been
requested to focus its attention. Except when the Committee requests otherwise,
such reports shall not be submitted in substitution for an initial or periodic
report. The Committee shall determine the session at which an exceptional
report shall be considered.
Rule
49
Failure to submit or late submission of reports
1. At
each session of the Committee, the Secretary-General shall notify the Committee
of all cases of non-submission of reports and additional information under
rules 48 and 50 of the present rules. In such cases, the Committee may transmit
to the State party concerned, through the Secretary-General, a reminder
concerning the submission of the report or the additional information.
2. If,
after the reminder referred to in paragraph 1 of the present rule, the State
party does not submit the report or the additional information sought, the
Committee may include a reference to this effect in its annual report to the
General Assembly.
3. The
Committee may allow States parties to submit a combined report comprising no
more than two overdue reports.
Rule
50
Request
for additional information
1. When
considering reports submitted by a State party under article 18 of the
Convention, the Committee, and in particular its pre-sessional working group,
shall first satisfy itself that, in accordance with the Committee’s guidelines,
the report provides sufficient information.
2. If,
in the opinion of the Committee, or of the pre-sessional working group, a
report of a State party does not contain sufficient information, it may request
the State concerned to furnish such additional information as required,
indicating the time limit within which the information should be submitted.
3. The
questions or comments forwarded by the pre-sessional working group to the State
party whose report is under consideration and the response of the State party
thereto shall, in accordance with the present rule, be circulated to members of
the Committee prior to the session at which the report is to be examined.
Rule
51
Examination
of reports
1. At
each session, the Committee, based on the list of reports awaiting
consideration, shall decide which reports of States parties it will consider at
its subsequent session, bearing in mind the duration of the subsequent session
and the criteria of date of submission and geographical balance.
2. The
Committee, through the Secretary-General, shall notify the States parties as
early as possible of the opening date, duration and place of the session at
which their respective reports will be examined. The States parties shall be
requested to confirm in writing, within a specified time, their willingness to
have their reports examined.
3. The
Committee at each session shall also establish and circulate to the States
parties concerned a reserve list of reports for consideration at its subsequent
session in the event that a State party invited in accordance with the present
rule is unable to present its report. In such case, the State party chosen from
the reserve list shall be invited by the Committee, through the
Secretary-General, to present its report without delay.
4. Representatives
of the States parties shall be invited to attend the meetings of the Committee
at which their reports are to be examined.
5. If
a State party fails to respond to an invitation to have a representative attend
the meeting of the Committee at which its report is being examined,
consideration of the report shall be rescheduled for another session. If, at
such a subsequent session, the State party, after due notification, fails to
have a representative present, the Committee may proceed with the examination
of the report in the absence of the representative of the State party.
Rule
52
Suggestions
and general recommendations
1. In
accordance with article 21, paragraph 1, of the Convention, and on the basis of
its examination of reports and information received from States parties, the
Committee may make general recommendations addressed to States parties.
2. The
Committee may make suggestions addressed to bodies other than States parties
arising out of its consideration of reports of States parties.
Rule
53
Concluding
comments
1. The
Committee may, after consideration of the report of a State party, make
concluding comments on the report with a view to assisting the State party in
implementing its obligations under the Convention. The Committee may include
guidance on the issues on which the next periodic report of the State party
should be focused.
2. The
Committee shall adopt the concluding comments before the closure of the session
at which the report of the State party was considered.
Rule
54
Working
methods for examining reports
The
Committee shall establish working groups to consider and suggest ways and means
of expediting its work and of implementing its obligations under article 21 of
the Convention.
XV. General discussion
Rule
55
General discussion
In
order to enhance understanding of the content and implications of the articles
of the Convention or to assist in the elaboration of general recommendations,
the Committee may devote one or more meetings of its regular sessions to a
general discussion of specific articles of or themes relating to the
Convention.
Part three
Rules of procedure for the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women
XVI. Procedures for the consideration of
communications received under the Optional Protocol
Rule
56
Transmission
of communications to the Committee
1. The
Secretary-General shall bring to the attention of the Committee, in accordance
with the present rules, communications that are, or appear to be, submitted for
consideration by the Committee under article 2 of the Optional Protocol.
2. The
Secretary-General may request clarification from the author or authors of a
communication as to whether she, he or they wish to have the communication
submitted to the Committee for consideration under the Optional Protocol. Where
there is doubt as to the wish of the author or authors, the Secretary-General
will bring the communication to the attention of the Committee.
3. No
communication shall be received by the Committee if it:
(a) Concerns a State that is not a party to
the Protocol;
(b) Is not in writing;
(c) Is anonymous.
Rule
57
List
and register of communications
1. The
Secretary-General shall maintain a permanent register of all communications
submitted for consideration by the Committee under article 2 of the Optional
Protocol.
2. The
Secretary-General shall prepare lists of the communications submitted to the
Committee, together with a brief summary of their contents.
Rule
58
Request for clarification or additional information
1. The
Secretary-General may request clarification from the author of a communication,
including:
(a) The name, address, date of birth and
occupation of the victim and verification of the victim’s identity;
(b) The name of the State party against which
the communication is directed;
(c) The objective of the communication;
(d) The facts of the claim;
(e) Steps taken by the author and/or victim to
exhaust domestic remedies;
(f) The extent to which the same matter is
being or has been examined under another procedure of international
investigation or settlement;
(g) The provision or provisions of the
Convention alleged to have been violated.
2. When
requesting clarification or information, the Secretary-General shall indicate
to the author or authors of the communication a time limit within which such
information is to be submitted.
3. The
Committee may approve a questionnaire to facilitate requests for clarification
or information from the victim and/or author of a communication.
4. A
request for clarification or information shall not preclude the inclusion of
the communication in the list provided for in rule 57 above.
5. The
Secretary-General shall inform the author of a communication of the procedure
that will be followed and in particular that, provided that the individual or
individuals consent to the disclosure of her identity to the State party
concerned, the communication will be brought confidentially to the attention of
that State party.
Rule
59
Summary of information
1. A
summary of the relevant information obtained with respect to each registered
communication shall be prepared and circulated to the members of the Committee
by the Secretary-General at the next regular session of the Committee.
2. The
full text of any communication brought to the attention of the Committee shall
be made available to any member of the Committee upon that member’s request.
Rule
60
Inability of a member to take part in the examination of a communication
1. A
member of the Committee may not take part in the examination of a communication
if:
(a) The member has a personal interest in the
case;
(b) The member has participated in the making
of any decision on the case covered by the communication in any capacity other
than under the procedures applicable to this Optional Protocol;
(c) The member is a national of the State
party concerned.
2. Any
question that may arise under paragraph 1 above shall be decided by the
Committee without the participation of the member concerned.
Rule
61
Withdrawal of a member
If,
for any reason, a member considers that she or he should not take part or
continue to take part in the examination of a communication, the member shall
inform the Chairperson of her or his withdrawal.
Rule
62
Establishment of working groups and designation of rapporteurs
1. The
Committee may establish one or more working groups, each comprising no more
than five of its members, and may designate one or more rapporteurs to make
recommendations to the Committee and to assist it in any manner in which the
Committee may decide.
2. In
the present part of the rules, reference to a working group or rapporteur is a
reference to a working group or rapporteur established under the present rules.
3. The
rules of procedure of the Committee shall apply as far as possible to the
meetings of its working groups.
Rule
63
Interim measures
1. At
any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State party
concerned, for its urgent consideration, a request that it take such interim
measures as the Committee considers necessary to avoid irreparable damage to
the victim or victims of the alleged violation.
2. A
working group or rapporteur may also request the State party concerned to take
such interim measures as the working group or rapporteur considers necessary to
avoid irreparable damage to the victim or victims of the alleged violation.
3. When
a request for interim measures is made by a working group or rapporteur under
the present rule, the working group or rapporteur shall forthwith thereafter
inform the Committee members of the nature of the request and the communication
to which the request relates.
4. Where
the Committee, a working group or a rapporteur requests interim measures under
this rule, the request shall state that it does not imply a determination of
the merits of the communication.
Rule
64
Method of dealing with communications
1. The
Committee shall, by a simple majority and in accordance with the following
rules, decide whether the communication is admissible or inadmissible under the
Optional Protocol.
2. A
working group may also declare that a communication is admissible under the
Optional Protocol, provided that it is composed of five members and all of the
members so decide.
Rule
65
Order of communications
1. Communications
shall be dealt with in the order in which they are received by the Secretariat,
unless the Committee or a working group decides otherwise.
2. The
Committee may decide to consider two or more communications jointly.
Rule
66
Separate consideration of admissibility and merits
The
Committee may decide to consider the question of admissibility of a
communication and the merits of a communication separately.
Rule
67
Conditions of admissibility of communications
With
a view to reaching a decision on the admissibility of a communication, the
Committee, or a working group, shall apply the criteria set forth in articles
2, 3 and 4 of the Optional Protocol.
Rule
68
Authors of communications
1. Communications
may be submitted by individuals or groups of individuals who claim to be
victims of violations of the rights set forth in the Convention, or by their
designated representatives, or by others on behalf of an alleged victim where
the alleged victim consents.
2. In
cases where the author can justify such action, communications may be submitted
on behalf of an alleged victim without her consent.
3. Where
an author seeks to submit a communication in accordance with paragraph 2 of the
present rule, she or he shall provide written reasons justifying such action.
Rule
69
Procedures with regard to communications received
1. As
soon as possible after the communication has been received, and provided that
the individual or group of individuals consent to the disclosure of their
identity to the State party concerned, the Committee, working group or
rapporteur shall bring the communication confidentially to the attention of the
State party and shall request that State party to submit a written reply to the
communication.
2. Any
request made in accordance with paragraph 1 of the present rule shall include a
statement indicating that such a request does not imply that any decision has
been reached on the question of admissibility of the communication.
3. Within
six months after receipt of the Committee’s request under the present rule, the
State party shall submit to the Committee a written explanation or statement
that relates to the admissibility of the communication and its merits, as well
as to any remedy that may have been provided in the matter.
4. The
Committee, working group or rapporteur may request a written explanation or
statement that relates only to the admissibility of a communication but, in
such cases, the State party may nonetheless submit a written explanation or
statement that relates to both the admissibility and the merits of a
communication, provided that such written explanation or statement is submitted
within six months of the Committee’s request.
5. A
State party that has received a request for a written reply in accordance with
paragraph 1 of the present rule may submit a request in writing that the
communication be rejected as inadmissible, setting out the grounds for such
inadmissibility, provided that such a request is submitted to the Committee
within two months of the request made under paragraph 1.
6. If
the State party concerned disputes the contention of the author or authors, in
accordance with article 4, paragraph 1, of the Optional Protocol, that all
available domestic remedies have been exhausted, the State party shall give details
of the remedies available to the alleged victim or victims in the particular
circumstances of the case.
7. Submission
by the State party of a request in accordance with paragraph 5 of the present
rule shall not affect the period of six months given to the State party to
submit its written explanation or statement unless the Committee, working group
or rapporteur decides to extend the time for submission for such a period as
the Committee considers appropriate.
8. The
Committee, working group or rapporteur may request the State party or the
author of the communication to submit, within fixed time limits, additional
written explanations or statements relevant to the issues of the admissibility
or merits of a communication.
9. The
Committee, working group or rapporteur shall transmit to each party the
submissions made by the other party pursuant to the present rule and shall
afford each party an opportunity to comment on those submissions within fixed
time limits.
Rule
70
Inadmissible communications
1. Where
the Committee decides that a communication is inadmissible, it shall, as soon
as possible, communicate its decision and the reasons for that decision through
the Secretary-General to the author of the communication and to the State party
concerned.
2. A
decision of the Committee declaring a communication inadmissible may be
reviewed by the Committee upon receipt of a written request submitted by or on
behalf of the author or authors of the communication, containing information
indicating that the reasons for inadmissibility no longer apply.
3. Any
member of the Committee who has participated in the decision regarding
admissibility may request that a summary of her or his individual opinion be
appended to the Committee’s decision declaring a communication inadmissible.
Rule
71
Additional procedures whereby admissibility may be considered separately from
the merits
1. Where
the issue of admissibility is decided by the Committee or a working group
before the State party’s written explanations or statements on the merits of
the communication are received, that decision and all other relevant
information shall be submitted through the Secretary-General to the State party
concerned. The author of the communication shall, through the
Secretary-General, be informed of the decision.
2. The
Committee may revoke its decision that a communication is admissible in the
light of any explanation or statements submitted by the State party.
Rule
72
Views of the Committee on admissible communications
1. Where
the parties have submitted information relating both to the admissibility and
to the merits of a communication, or where a decision on admissibility has
already been taken and the parties have submitted information on the merits of
that communication, the Committee shall consider and shall formulate its views
on the communication in the light of all written information made available to
it by the author or authors of the communication and the State party concerned,
provided that this information has been transmitted to the other party
concerned.
2. The
Committee or the working group set up by it to consider a communication may, at
any time in the course of the examination, obtain through the Secretary-General
any documentation from organizations in the United Nations system or other
bodies that may assist in the disposal of the communication, provided that the
Committee shall afford each party an opportunity to comment on such
documentation or information within fixed time limits.
3. The
Committee may refer any communication to a working group to make
recommendations to the Committee on the merits of the communication.
4. The
Committee shall not decide on the merits of the communication without having
considered the applicability of all of the admissibility grounds referred to in
articles 2, 3 and 4 of the Optional Protocol.
5. The
Secretary-General shall transmit the views of the Committee, determined by a
simple majority, together with any recommendations, to the author or authors of
the communication and to the State party concerned.
6. Any
member of the Committee who has participated in the decision may request that a
summary of her or his individual opinion be appended to the Committee’s views.
Rule
73
Follow-up to the views of the Committee
1. Within
six months of the Committee’s issuing its views on a communication, the State
party concerned shall submit to the Committee a written response, including any
information on any action taken in the light of the views and recommendations
of the Committee.
2. After
the six-month period referred to in paragraph 1 of the present rule, the
Committee may invite the State party concerned to submit further information
about any measures the State party has taken in response to its views or recommendations.
3. The
Committee may request the State party to include information on any action
taken in response to its views or recommendations in its subsequent reports
under article 18 of the Convention.
4. The
Committee shall designate for follow-up on views adopted under article 7 of the
Optional Protocol a rapporteur or working group to ascertain the measures taken
by States parties to give effect to the Committee’s views and recommendations.
5. The
rapporteur or working group may make such contacts and take such action as may
be appropriate for the due performance of their assigned functions and shall
make such recommendations for further action by the Committee as may be
necessary.
6. The
rapporteur or working group shall report to the Committee on follow-up
activities on a regular basis.
7. The
Committee shall include information on any follow-up activities in its annual
report under article 21 of the Convention.
Rule
74
Confidentiality of communications
1. Communications
submitted under the Optional Protocol shall be examined by the Committee,
working group or rapporteur in closed meetings.
2. All
working documents prepared by the Secretariat for the Committee, working group
or rapporteur, including summaries of communications prepared prior to
registration and the list of summaries of communications, shall be confidential
unless the Committee decides otherwise.
3. The
Committee, working group or rapporteur shall not make public any communication,
submissions or information relating to a communication prior to the date on
which its views are issued.
4. The
author or authors of a communication or the individuals who are alleged to be
the victim or victims of a violation of the rights set forth in the Convention
may request that the names and identifying details of the alleged victim or
victims (or any of them) not be published.
5. If
the Committee, working group or rapporteur so decides, the name or names and
identifying details of the author or authors of a communication or the
individuals who are alleged to be the victim or victims of a violation of
rights set forth in the Convention shall not be made public by the Committee,
the author or the State party concerned.
6. The
Committee, working group or rapporteur may request the author of a communication
or the State party concerned to keep confidential the whole or part of any
submission or information relating to the proceedings.
7. Subject
to paragraphs 5 and 6 of the present rule, nothing in this rule shall affect
the right of the author or authors or the State party concerned to make public
any submission or information bearing on the proceedings.
8. Subject
to paragraphs 5 and 6 of the present rule, the Committee’s decisions on
admissibility, merits and discontinuance shall be made public.
9. The
Secretariat shall be responsible for the distribution of the Committee’s final
decisions to the author or authors and the State party concerned.
10. The
Committee shall include in its annual report under article 21 of the Convention
a summary of the communications examined and, where appropriate, a summary of
the explanations and statements of the States parties concerned, and of its own
suggestions and recommendations.
11. Unless
the Committee decides otherwise, information furnished by the parties in
follow-up to the Committee’s views and recommendations under paragraphs 4 and 5
of article 7 of the Optional Protocol shall not be confidential. Unless the
Committee decides otherwise, decisions of the Committee with regard to
follow-up activities shall not be confidential.
Rule
75
°ä´Ç³¾³¾³Ü²Ô¾±±ç³Üés
The
Committee may issue communiqués regarding its activities under articles 1 to 7
of the Optional Protocol, through the Secretary-General, for the use of the
information media and the general public.
XVII. Proceedings under the inquiry procedure of
the Optional Protocol
Rule
76
Applicability
Rules
77 to 90 of the present rules shall not be applied to a State party that, in
accordance with article 10, paragraph 1, of the Optional Protocol, declared at
the time of ratification or accession to the Optional Protocol that it does not
recognize the competence of the Committee as provided for in article 8 thereof,
unless that State party has subsequently withdrawn its declaration in
accordance with article 10, paragraph 2, of the Optional Protocol.
Rule
77
Transmission of information to the Committee
In
accordance with the present rules, the Secretary-General shall bring to the
attention of the Committee information that is or appears to be submitted for
the Committee’s consideration under article 8, paragraph 1, of the Optional
Protocol.
Rule
78
Register of information
The
Secretary-General shall maintain a permanent register of information brought to
the attention of the Committee in accordance with rule 77 of the present rules
and shall make the information available to any member of the Committee upon
request.
Rule
79
Summary of information
The
Secretary-General, when necessary, shall prepare and circulate to members of
the Committee a brief summary of the information submitted in accordance with
rule 77 of the present rules.
Rule
80
Confidentiality
1. Except
in compliance with the obligations of the Committee under article 12 of the
Optional Protocol, all documents and proceedings of the Committee relating to
the conduct of the inquiry under article 8 of the Optional Protocol shall be
confidential.
2. Before
including a summary of the activities undertaken under articles 8 or 9 of the
Optional Protocol in the annual report prepared in accordance with article 21
of the Convention and article 12 of the Optional Protocol, the Committee may
consult with the State party concerned with respect to the summary.
Rule
81
Meetings related to proceedings under article 8
Meetings
of the Committee during which inquiries under article 8 of the Optional
Protocol are considered shall be closed.
Rule
82
Preliminary consideration of information by the Committee
1. The
Committee may, through the Secretary-General, ascertain the reliability of the
information and/or the sources of the information brought to its attention
under article 8 of the Optional Protocol and may obtain additional relevant
information substantiating the facts of the situation.
2. The
Committee shall determine whether the information received contains reliable
information indicating grave or systematic violations of rights set forth in
the Convention by the State party concerned.
3. The
Committee may request a working group to assist it in carrying out its duties
under the present rule.
Rule
83
Examination of information
1. If
the Committee is satisfied that the information received is reliable and
indicates grave or systematic violations of rights set forth in the Convention
by the State party concerned, the Committee shall invite the State party,
through the Secretary-General, to submit observations with regard to that
information within fixed time limits.
2. The
Committee shall take into account any observations that may have been submitted
by the State party concerned, as well as any other relevant information.
3. The
Committee may decide to obtain additional information from the following:
(a) Representatives of the State party
concerned;
(b) Governmental organizations;
(c) Non-governmental organizations;
(d) Individuals.
4. The
Committee shall decide the form and manner in which such additional information
will be obtained.
5. The
Committee may, through the Secretary-General, request any relevant
documentation from the United Nations system.
Rule
84
Establishment of an inquiry
1. Taking
into account any observations that may have been submitted by the State party
concerned, as well as other reliable information, the Committee may designate
one or more of its members to conduct an inquiry and to make a report within a
fixed time limit.
2. An
inquiry shall be conducted confidentially and in accordance with any modalities
determined by the Committee.
3. Taking
into account the Convention, the Optional Protocol and the present rules of
procedure, the members designated by the Committee to conduct the inquiry shall
determine their own methods of work.
4. During
the period of the inquiry, the Committee may defer the consideration of any
report that the State party concerned may have submitted pursuant to article 18
of the Convention.
Rule
85
Cooperation of the State party concerned
1. The
Committee shall seek the cooperation of the State party concerned at all stages
of an inquiry.
2. The
Committee may request the State party concerned to nominate a representative to
meet with the member or members designated by the Committee.
3. The
Committee may request the State party concerned to provide the member or
members designated by the Committee with any information that they or the State
party may consider relates to the inquiry.
Rule
86
Visits
1. Where
the Committee deems it warranted, the inquiry may include a visit to the
territory of the State party concerned.
2. Where
the Committee decides, as a part of its inquiry, that there should be a visit
to the State party concerned, it shall, through the Secretary-General, request
the consent of the State party to such a visit.
3. The
Committee shall inform the State party concerned of its wishes regarding the
timing of the visit and the facilities required to allow those members
designated by the Committee to conduct the inquiry to carry out their task.
Rule
87
Hearings
1. With
the consent of the State party concerned, visits may include hearings to enable
the designated members of the Committee to determine facts or issues relevant
to the inquiry.
2. The
conditions and guarantees concerning any hearings held in accordance with
paragraph 1 of the present rule shall be established by the designated members
of the Committee visiting the State party in connection with an inquiry, and
the State party concerned.
3. Any
person appearing before the designated members of the Committee for the purpose
of giving testimony shall make a solemn declaration as to the veracity of her
or his testimony and the confidentiality of the procedure.
4. The
Committee shall inform the State party that it shall take all appropriate steps
to ensure that individuals under its jurisdiction are not subjected to
ill-treatment or intimidation as a consequence of participating in any hearings
in connection with an inquiry or with meeting the designated members of the
Committee conducting the inquiry.
Rule
88
Assistance during an inquiry
1. In
addition to the staff and facilities that shall be provided by the
Secretary-General in connection with an inquiry, including during a visit to
the State party concerned, the designated members of the Committee may, through
the Secretary-General, invite interpreters and/or such persons with special
competence in the fields covered by the Convention as are deemed necessary by
the Committee to provide assistance at all stages of the inquiry.
2. Where
such interpreters or other persons of special competence are not bound by the
oath of allegiance to the United Nations, they shall be required to declare
solemnly that they will perform their duties honestly, faithfully and
impartially, and that they will respect the confidentiality of the proceedings.
Rule
89
Transmission of findings, comments or suggestions
1. After
examining the findings of the designated members submitted in accordance within
rule 84 of the present rules, the Committee shall transmit the findings,
through the Secretary-General, to the State party concerned, together with any
comments and recommendations.
2. The
State party concerned shall submit its observations on the findings, comments
and recommendations to the Committee, through the Secretary-General, within six
months of their receipt.
Rule
90
Follow-up action by the State party
1. The
Committee may, through the Secretary-General, invite a State party that has
been the subject of an inquiry to include, in its report under article 18 of
the Convention, details of any measures taken in response to the Committee’s
findings, comments and recommendations.
2. The
Committee may, after the end of the period of six months referred to in
paragraph 2 of rule 89 above, invite the State party concerned, through the
Secretary-General, to inform it of any measures taken in response to an
inquiry.
Rule
91
Obligations under article 11 of the Optional Protocol
1. The
Committee shall bring to the attention of the States parties concerned their
obligation under article 11 of the Optional Protocol to take appropriate steps
to ensure that individuals under their jurisdiction are not subjected to
ill-treatment or intimidation as a consequence of communicating with the
Committee under the Optional Protocol.
2. Where
the Committee receives reliable information that a State party has breached its
obligations under article 11, it may invite the State party concerned to submit
written explanations or statements clarifying the matter and describing any
action it is taking to ensure that its obligations under article 11 are
fulfilled.
Part four
Interpretative rules
XVIII. Interpretation and amendments
Rule
92
Headings
For
the purpose of the interpretation of the present rules, the headings, which
were inserted for reference purposes only, shall be disregarded.
Rule
93
Amendments
The
present rules may be amended by a decision of the Committee taken by a
two-thirds majority of the members present and voting, and at least twenty-four
(24) hours after the proposal for the amendment has been circulated, provided
that the amendment is not inconsistent with the provisions of the Convention.
Rule
94
Suspension
Any
of the present rules may be suspended by a decision of the Committee taken by a
two-thirds majority of the members present and voting, provided such suspension
is not inconsistent with the provisions of the Convention and is restricted to
the circumstances of the particular situation requiring the suspension.