Rules of procedure of the Committee on the Elimination of Discrimination against Women

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 at dates decided upon by the Committee in consultation with the SecretaryGeneral of the United Nations, taking into account the calendar of conferences and meetings approved by the General Assembly.

1. Subject to rule 24 of the present rules, 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 Chair of the Committee may also convene special sessions:

(a) At the request of a majority of the members of the Committee;

(b) At the request of a State Party to the Convention;

(c) At the request, informally in the context of technical cooperation, of States Parties or regional organizations.

2. Special sessions shall be convened as soon as possible at a date fixed by the Chair in consultation with the SecretaryGeneral and with the Committee.

1. A presessional working group, which shall consist of no more than five members of the Committee designated by the Chair in consultation with the Committee at a regular session, and reflecting equitable geographical representation, shall normally be convened prior to each regular session. It may exceptionally be convened remotely, using information and communications technology that complies with the information and systems securityrelated policies and standards of the United Nations.

2. The presessional 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.

3. Where a State Party has accepted the simplified reporting procedure, the pre-sessional working group shall formulate a list of issues and questions prior to reporting and submit it to the State Party concerned. The response of the State Party to the list of issues and questions prior to reporting shall constitute its report under article 18 of the Convention.

1. 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 SecretaryGeneral.

2. The Committee may exceptionally hold sessions or parts thereof remotely, using information and communications technology that complies with the information and systems security-related policies and standards of the United Nations.

3. The Secretariat shall be responsible for ensuring full accessibility of sessions of the Committee, including any parts thereof held remotely, in particular to persons with disabilities.

The SecretaryGeneral shall notify the 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.

The provisional agenda for each regular or special session shall be prepared by the SecretaryGeneral in consultation with the Chair 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 Chair 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 SecretaryGeneral relating to the functions of the Secretary-General under the Convention or the present rules of procedure.

The provisional agenda and the basic documents relating to each item appearing thereon, the report of the presessional 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 presessional working group shall be prepared by the SecretaryGeneral, who shall endeavour to have the documents transmitted to the members of the Committee at least six weeks prior to the opening of the session.

The first item on the provisional agenda for any session shall be the adoption 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 the decision of a majority of the members.

Members of the Committee may not be represented by alternates.

The term of office of members:

(a) Shall begin on 1 January the year after their election at the meeting of States Parties and shall end on 31 December four years later;

(b) Shall begin on the date of 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.

1. A casual vacancy may occur as a result of the death or resignation of a member of the Committee or the inability of a member to perform her or his functions as a member of the Committee. The Chair 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 (7) of the Convention.

2. Notification of the resignation of a member of the Committee shall be in writing to the Chair or to the Secretary-General, and action shall be taken in accordance with article 17 (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 SecretaryGeneral 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 Chair shall draw her or his attention to paragraph 3 of the present rule.

5. Where a member of the Committee has paragraph 4 of the present rule drawn to her or his attention and does not resign in accordance with that rule, the Chair shall notify the SecretaryGeneral, who shall then inform the State Party of the member to enable action to be taken in accordance with article 17 (7) of the Convention.

1. When a casual vacancy, under article 17 (7) of the Convention, occurs in the Committee, the Secretary-General shall immediately request the State Party that had nominated the expert who has ceased to function as a member of the Committee 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 to the Convention of the name of the member of the Committee filling the casual vacancy.

1. 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.”

2. In exceptional circumstances that do not allow for the solemn declaration of newly elected members to be made in person, such declaration may be made remotely, using information and communications technology that complies with the information and systems security-related policies and standards of the United Nations. The solemn declaration shall be made at the opening meeting of the Committee’s session, which shall be public and webcast. The declaration shall also be made in writing, which the Secretariat shall post on the web page of the Committee.

The guidelines on the independence and impartiality of members of the human rights treaty bodies (the Addis Ababa guidelines), endorsed by the Chairs of the human rights treaty bodies at their twenty-fourth meeting,¹ form an integral part of the present rules of procedure.

¹ A/67/222 and A/67/222/Corr.1, annex I.

The Committee shall elect from among its members a Chair, three ViceChairs and a Rapporteur, with due regard to equitable geographical representation.

The officers of the Committee shall be elected for a term of two years and shall 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.

1. The Chair shall perform the functions conferred upon her or him by the present rules of procedure and the decisions of the Committee.

2. In the exercise of those functions, the Chair shall remain under the authority of the Committee.

3. The Chair shall represent the Committee at United Nations meetings in which the Committee is officially invited to participate. If the Chair 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.

1. If the Chair is unable to be present at a meeting or any part thereof, she or he shall designate one of the Vice-Chairs to act in her or his place.

2. In the absence of such a designation, the Vice-Chair to preside shall be chosen according to the names of the Vice-Chairs as they appear in English alphabetical order.

3. A Vice-Chair acting as Chair shall have the same powers and duties as the Chair.

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.

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 and adequately resourced 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 within existing resources;

(c) The Secretary-General shall be responsible for all arrangements necessary for meetings of the Committee, working groups under the Optional Protocol to the Convention and the pre-sessional working group.

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.

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 subsidiary bodies of the Committee.

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 Chair 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. Where relevant, the implementation of a decision that involves expenditure shall be subject to the approval by the General Assembly of the Secretary-General’s statement of programme budget implications.

1. Arabic, Chinese, English, French, Russian and Spanish shall be the official languages of the Committee.

2. English and French shall be the working languages of the Committee. In addition, the Committee shall choose a third working language from the official languages to reflect its composition at any given time. The Committee shall, where necessary to facilitate communication among the members, choose a fourth working language, which shall be subject to review every two years, following the election of members of the Committee, on the basis of the composition of the Committee.

1. Statements made by representatives of States Parties in any of the official languages shall be interpreted into the working languages.

2. Any such speaker addressing the Committee and using a language other than one of the official languages shall normally provide for interpretation into one of the working languages. Interpretation into the other working languages by interpreters of the Secretariat shall be based upon the interpretation given in the first working language.

1. All official documents of the Committee shall be issued in the working language of the Committee. Where the document relates to a State Party whose official language is an official language of the Committee, the document shall also be issued in that official language.

2. All formal decisions of the Committee shall be made available in the official languages.

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.

1. The meetings of the Committee and its subsidiary bodies shall be held in public and webcast live unless the Committee decides otherwise. When the Committee needs to hold a session or part thereof remotely, in accordance with rule 5 of the present rules, public meetings shall be webcast live.

2. Meetings at which the Committee discusses its concluding observations on the reports of States Parties, 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.

1. Twelve members of the Committee shall constitute a quorum.

2. In exceptional circumstances, subject to the conditions stipulated in rule 5 (2) of the present rules, and without prejudice to the terms and conditions concerning emoluments from United Nations resources decided by the General Assembly, members of the Committee may participate remotely in its meetings when such participation is necessary to ensure a quorum.

1. The Chair 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 Chair, 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 Chair may, in the course of the discussion of an item, including the consideration of reports submitted by States Parties 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 Chair shall rule on points of order. The Chair may also 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 Chair may call speakers to order if their remarks are not relevant to the subject under discussion.

5. During the course of the debate, the Chair may announce the list of speakers and, with the consent of the Committee, declare the list closed.

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 made by a simple majority of the members present and voting.

3. In exceptional circumstances, the Committee may adopt its decisions remotely:

(a) If a session or pre-sessional working group is convened remotely, in accordance with rules 5 (2) or 4 (1), respectively; or

(b) During the intersessional period.

1. Each member of the Committee shall have one vote.

2. For the purpose of the present rules, “members present and voting” means the members casting an affirmative or negative vote (members who abstain from voting are considered as not voting) and includes members attending the session remotely, should the Committee, owing to exceptional circumstances, hold a session partially or fully remotely.

If a vote is equally divided on a matter other than an election, the proposal shall be regarded as having been rejected.

1. Subject to rule 40 of the present rules, the Committee shall normally vote by show of hands, except that any member may request a secret ballot vote or 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 Chair.

2. The vote of each member participating in any roll call shall be inserted in the record.

3. In accordance with rule 32 (3) of the present rules, the Committee may vote remotely by show of hands or roll call. The vote of each member remotely participating in any roll call shall be inserted in the record.

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 their votes may be permitted by the Chair before the voting has commenced or after the voting has been completed.

Parts of a proposal shall be voted upon 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.

1. When an amendment to a proposal is moved, the amendment shall be voted upon 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 that proposal.

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.

Elections 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.

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 Chair 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.

When two or more elective places are to be filled at one time under the same conditions, those candidates obtaining in the first ballot the majority required shall be elected. If the number of candidates obtaining such majority is less than the number of persons or members to be elected, there shall be additional ballots to fill the remaining places, the voting being restricted to the candidates obtaining the greatest number of votes in the previous ballot, to a number not more than twice the places remaining to be filled, provided that, after the third inconclusive ballot, votes may be cast for any eligible candidates. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the candidates who obtained the greatest number of votes in the third of the unrestricted ballots, to a number not more than twice the places remaining to be filled, and the following three ballots thereafter shall be unrestricted, and so on until all the places have been filled.

1. The Committee may set up ad hoc subsidiary bodies and define their composition and mandates.

2. Each subsidiary body shall elect its own officers and shall, mutatis mutandis, apply the present rules of procedure.

3. The Committee may appoint one or more of its members as rapporteurs to perform such duties as mandated by the Committee.

1. As provided in article 21 (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, references to its concluding observations on the reports of each State Party, and information relating to its mandate under the Optional Protocol to the Convention.

2. The Committee may also include in its report suggestions and general recommendations based on the examination of reports and information received from States Parties, together with any comments received from States Parties.

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.

The Secretary-General shall notify the specialized agencies and bodies of the United Nations 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.

1. In accordance with article 22 of the Convention, the Committee may invite the 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. The 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.

Representatives of intergovernmental organizations and United Nations bodies may be invited by the Committee to make oral or written statements to meetings of the Committee or to the pre-sessional working group, and to provide information or documentation relevant to the Committee’s activities under the Convention.

Representatives of non-governmental organizations may be invited by the Committee to make oral or written statements to meetings of the Committee or to the pre-sessional working group, and to provide information or documentation relevant to the Committee’s activities under the Convention.

Representatives of national human rights institutions may be invited by the Committee to make oral or written statements at meetings of the Committee or the pre-sessional working group, and to provide information or documentation relevant to the Committee’s activities under the Convention.

A national human rights institution accredited by the Subcommittee on Accreditation of the Global Alliance of National Human Rights Institutions with A status may, at its request, make a statement at the beginning of the Committee’s dialogue with the State Party concerned.

1. The Committee shall examine the progress made in the implementation of the Convention through the consideration of reports submitted by States Parties, through the SecretaryGeneral, 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 Committee’s consideration of the report, 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.

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 51 and 53 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 notify the defaulting State Party, through the Secretary-General, that it intends, on a date specified in the notification, to examine the measures taken by the State Party to protect or give effect to the rights recognized in the Convention in the absence of a report, and adopt concluding observations. Representatives of the States Parties shall be invited to attend the meetings of the Committee at which the State Party will be reviewed.

4. The Committee may allow States Parties to submit a combined report comprising several overdue reports.

1. When considering a report submitted by a State Party under article 18 of the Convention, the Committee, and in particular the pre-sessional working group, shall first determine whether, 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, the Committee may request the State Party concerned to furnish the additional information required, indicating the time limit within which the information should be submitted.

3. Questions or comments forwarded by the pre-sessional working group to the State Party whose report is under consideration and the responses of the State Party thereto shall be circulated to members of the Committee prior to the session at which the report is to be examined.

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 it intends to examine their respective reports. The States Parties shall be requested to confirm in writing, within a specified time limit, that they are able to present their reports at the session in question.

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 a 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 a representative of the State Party.

6. If the Committee decides to proceed with the examination of the report in the absence of a representative of the State Party, the Committee may, at its discretion, adopt and submit to the State Party provisional concluding observations and indicate a time limit within which the State Party may submit comments. The Committee shall adopt final concluding observations at its following session.

1. In accordance with article 21 (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 other bodies on the basis of its consideration of reports of States Parties.

1. The Committee may, after consideration of the report of a State Party, make concluding observations 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 observations before the closure of the session at which the report of the State Party was considered.

3. The Committee may, at its discretion, identify a limited number of recommendations contained in its concluding observations and request the State Party to provide, by a specified date, follow-up information on the steps that it has taken to give effect to those recommendations.

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.

2. The Committee may also establish, as appropriate, country rapporteurs and country task forces to facilitate the examination of reports of States Parties under article 18 of the Convention.

3. During the examination of the report of a State Party, the Committee shall organize the meeting as it deems appropriate in order to establish an interactive dialogue between the Committee’s members and the State Party’s representatives.

4. At the request of a State Party, and if justification is provided, the Committee may decide that some of the State Party’s representatives may participate remotely in the dialogue, subject to the terms and conditions stipulated by the Committee and the United Nations.

1. In order to assess the implementation of the Committee’s concluding observations, including the information to be provided by the State Party under rule 56 (3) of the present rules, the Committee may designate a rapporteur and an alternate rapporteur for follow-up to concluding observations.

2. The rapporteur and alternate rapporteur shall assess the information provided by the State Party, and any other relevant information received, in consultation with the country rapporteur referred to under rule 57 of the present rules, and report at every session to the Committee on their activities. The Committee may set guidelines for such assessment.

1. A member shall not take part in the consideration of a report by the Committee or its subsidiary bodies if she or he is a national of the State Party concerned, if she or he is employed by that State or if any other conflict of interest is or may appear to be present.

2. Such a member shall not be present during any non-public consultations or meetings between the Committee and national human rights institutions, non-governmental organizations or any other entities referred to in rules 46 to 50 of the present rules, or during the discussion and adoption of concluding observations.

1. In accordance with article 21 of the Convention, the Committee may prepare and adopt general recommendations on specific articles of or themes relating to the Convention, with a view to promoting its further implementation or assisting States Parties in fulfilling their obligations.

2. The Committee shall include such general recommendations in its annual report to the General Assembly.

In order to enhance understanding of the content and implications of the articles of the Convention or to assist in the preparation 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.

1. The Secretary-General shall bring to the attention of the Committee, in accordance with the present rules, communications that are submitted for consideration by the Committee under article 2 of the Optional Protocol.

2. The Secretary-General may request clarification from the author of a communication as to whether 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, 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 party to the Protocol;

(b) Is not in writing;

(c) Is anonymous.

4. Communications shall be submitted in one of the official languages of the Committee, preferably the official language of the State Party against which the communication is addressed, when that language is an official language of the Committee.

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 maintain a list of the communications registered by the Committee, with a brief summary of their contents, and shall make it public while keeping the authors’ names confidential.

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 alleged victim and verification of the alleged 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 the alleged 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 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 alleged victim and/or the author of a communication.

1. A member of the Committee shall not take part in the examination of a communication if:

(a) The member has any 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 under the Optional Protocol;

(c) The member is a national of the State Party against which the communication is directed.

2. Any question that may arise under paragraph 1 of the present rule shall be decided by the Committee without the participation of the member concerned.

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 Chair of her or his withdrawal.

1. The Committee shall establish a working group on communications, comprising no more than five of its members proposed by regional groups and mostly with a legal background, to assist it in any manner in which it may decide in relation to its mandate under article 2 of the Optional Protocol.

2. The Working Group on Communications shall adopt its own working methods on individual communications under the Optional Protocol. Except where expressly provided differently, the present rules of procedure shall apply mutatis mutandis to the Working Group.

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 alleged victims with their consent.

2. In cases where the author can justify such action, communications may be submitted on behalf of alleged victims without their consent, pursuant to article 2 of the Optional Protocol.

3. Any author seeking to submit a communication in accordance with paragraph 2 of the present rule shall provide written reasons justifying such action.

1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Working Group on Communications, acting on behalf of 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 of the alleged violation.

2. The Working Group on Communications may also request the State Party concerned to take such interim measures as the Working Group considers necessary to avoid irreparable damage to the victim of the alleged violation.

3. When a request for interim measures is made under the present rule, the Working Group on Communications shall forthwith thereafter inform the Committee members of the nature of the request and the communication to which the request relates.

4. Any request for interim measures made under the present rule shall state that it does not imply a determination of the admissibility or the merits of the communication. However, failure by the State Party to take the measures requested shall be considered incompatible with the obligation to cooperate in good faith with the procedure of individual communications established under the Optional Protocol.

5. The Working Group on Communications, acting on behalf of the Committee, may withdraw the request for interim measures on the basis of information submitted by the State Party or the author of the communication.

1. Upon receipt of information from the author of the communication, the Working Group on Communications, acting on behalf of the Committee, may request the State Party to take measures to protect the individuals or groups of individuals affected, including the author and the author’s counsel and relatives, who might suffer acts of intimidation or reprisal as a result of the submission of the communication or cooperation with the Committee. The Committee may seek from the State Party written explanations or statements clarifying the matter and describing any action taken in that regard

2. The Committee may decide to refer cases of acts of intimidation or reprisal to its rapporteur on reprisals for follow-up.

3. Notwithstanding the requirement under article 3 of the Optional Protocol that communications not be submitted anonymously, the Committee may, in exceptional cases involving a real and imminent threat to the life or health of the author of a communication, refrain from disclosing the author’s identity to the State Party, with a view to balancing due process and victim protection. Such exceptional cases are those entailing two or more of the following factors:

(a) Widespread or systematic attacks against women and girls, in violation of international humanitarian law, in conflict situations;

(b) Gross violations of human rights law and a grave risk of reprisals in cases of the alleged use of torture and other cruel, inhuman or degrading treatment or punishment, including sexual violence, against women and girls;

(c) Alleged victims who are children.

1. Communications shall be dealt with in the order in which they are received by the Secretariat, unless the Committee or the Working Group on Communications, acting on behalf of the Committee, decides otherwise in view of the urgency of the issues raised, regional representation and thematic issues of importance for the Committee’s jurisprudence. Special circumstances may also be taken into consideration.

2. The Committee may decide to consider two or more communications jointly.

1. Unless the Committee decides to declare a communication inadmissible without transmitting it to the State Party concerned, it shall bring the communication confidentially to the attention of the State Party and shall request the 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 of receipt of the Committee’s request under the present rule, the State Party shall submit to the Committee written explanations or statements that relate 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 Working Group on Communications, acting on behalf of the Committee, may request written explanations or statements that relate only to the admissibility of a communication but, in such cases, the State Party may nonetheless submit written explanations or statements that relate to both the admissibility and the merits of a communication, provided that such written explanations or statements are 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 of the present rule.

6. If the State Party concerned disputes the contention of the author, in accordance with article 4 (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 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 explanations or statements unless the Committee, the Working Group on Communications or a rapporteur decides to extend the time for submission for such a period as the Committee considers appropriate.

8. The Committee, the Working Group on Communications or a 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, the Working Group on Communications or a 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.

1. At any time during the procedure, the Working Group on Communications may, on behalf of the Committee, decide to suspend the consideration of a communication on the basis of information provided by the parties, including in cases where the friendly settlement procedure may have been initiated at the national level between the parties. Both parties shall be notified immediately of any decision to suspend the consideration of a communication.

2. The Working Group on Communications may decide to lift such a suspension at any time, in the light of subsequent information provided by the parties. In such cases, it shall inform the parties of the new deadlines to provide observations and comments, as appropriate.

With a view to reaching a decision on the admissibility of a communication, the Committee or the Working Group on Communications, shall apply the criteria set forth in articles 2, 3 and 4 of the Optional Protocol.

1. The Working Group on Communications may declare that a communication is inadmissible under the Optional Protocol, provided that all members eligible to participate so decide. The decision shall be transmitted to the Committee plenary, which may confirm it without formal discussion. Any Committee member may request a plenary discussion to examine the communication and take a decision on its admissibility.

2. 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 SecretaryGeneral to the author of the communication and to the State Party concerned.

3. 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 of the communication, containing information indicating that the reasons for inadmissibility no longer apply.

1. Where the issue of admissibility is decided by the Committee or the Working Group on Communications before the State Party’s written explanations or statements on the merits of the communication are received, in accordance with rule 72 (4) of the present rules, that decision shall be transmitted through the Secretary-General to the State Party concerned and the author of the communication

2. The State Party concerned shall, within four months, submit to the Committee written observations on the merits. Such observations shall be transmitted, through the SecretaryGeneral, to the author of the communication, who may submit any additional written information or observations within two months.

3. The Committee shall decide on the merits of the communication at a subsequent session on the basis of the information referred to in paragraph 2 of the present rule.

4. The Committee may revoke its decision that a communication is admissible in the light of information referred to in paragraph 2 of the present rule that relates to new events subsequent to the date of adoption of the decision on admissibility.

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 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 on Communications 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 affords each party an opportunity to comment on such documentation or information within fixed time limits.

3. The Working Group on Communications shall 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, together with any recommendations, to the author of the communication and to the State Party concerned.

Any member of the Committee who has participated in a decision relating to the admissibility or merits of a communication may request that her or his individual opinion be appended to the Committee’s decision or Views. The Committee may set time limits for the submission of such individual opinions.

1. The Working Group on Communications, acting on behalf of the Committee, may at any time in the course of the examination of a communication accept submissions from third parties with regard to the communication. If a third-party submission is accepted, the Committee shall afford each party an opportunity to comment on it within fixed time limits.

2. The Committee shall adopt guidelines on the procedure for third-party submissions.

1. In cases raising complex issues of fact or law, the Committee may decide to invite the parties to deliver oral statements, either in person or remotely, through videoconferencing, before the Committee, with the aim of providing additional information and answering questions on the admissibility and/or merits of the communication. Such hearings shall be closed unless the Committee and both parties agree otherwise.

2. The invitation shall specify a proposed time for the hearing, to be held during an upcoming session of the Committee. Such a hearing shall take place only if both parties accept the invitation and agree to make the arrangements necessary to participate.

3. The author of the communication may have legal or other representation during the hearing.

4. The Secretary-General shall keep a record of the hearing, and the record shall remain confidential. Participants shall undertake to respect the confidentiality of the hearing and to refrain from recording it or allowing access to it by any person other than the parties and their representatives.

1. Within six months of the Committee’s adoption of 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 Committee’s Views and recommendations.

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 that it has taken in response to the Committee’s 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 a rapporteur or working group for follow-up to Views adopted under article 7 of the Optional Protocol for the purposes of ascertaining the measures taken by States Parties to give effect to the Committee’s Views and recommendations.

5. The rapporteur or working group for follow-up 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 for follow-up shall regularly report to the Committee on follow-up activities.

7. The Committee shall include information on any follow-up activities in its annual report under article 21 of the Convention.

1. At any time during the consideration of an individual communication, the Committee may decide to make its good offices available to the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the obligations contained in the Convention.

2. The friendly settlement procedure shall be conducted on the basis of the consent of the parties.

3. The Committee may designate one or more of its members to facilitate negotiations between the parties.

4. The friendly settlement procedure shall be confidential and without prejudice to the parties’ submissions to the Committee. No written or oral communication and no offer or concession made by either party in the framework of the attempt to secure a friendly settlement may be used against the other party in the communication proceedings before the Committee.

5. The Committee may terminate its facilitation of the friendly settlement procedure if it concludes that the matter is not likely to be resolved or if any of the parties does not consent to the application of the procedure, decides to discontinue the procedure or does not display the requisite good will to reach a friendly settlement based on respect for the obligations set forth in the Convention.

6. Once both parties have expressly agreed to a friendly settlement, the Committee shall adopt a decision with a statement of the facts and of the solution reached. The decision shall be transmitted to the parties concerned and published in the Committee’s annual report. Prior to adopting the decision, the Committee shall ascertain whether the victim of the alleged violation has consented to the friendly settlement.

7. A friendly settlement shall close the Committee’s consideration of the communication under the Convention. If no friendly settlement is reached, the Committee shall continue its consideration of the communication in accordance with the present rules of procedure.

The Committee may discontinue its consideration of a communication in certain circumstances, including when the reasons for the submission of the communication have become moot or when the author has lost interest in the communication.

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 communications, submissions or information relating to a communication prior to the date on which its Views are adopted.

4. The author of a communication or the alleged victim of a violation of the rights set forth in the Convention may request that the names and identifying details of any of the alleged victims not be published.

5. If the Committee, working group or rapporteur so decides, the names and identifying details of the author of a communication or the alleged victim of a violation of the 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 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 declaring communications inadmissible and decisions on the 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 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, of the explanations and statements provided by the States Parties concerned, where appropriate, and of its own suggestions and recommendations.

11. Unless the Committee decides otherwise, information furnished by the parties in followup to the Committee’s Views and recommendations under article 7 (4) and (5) 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.

The Committee may issue communiqués, through the Secretary-General, regarding its activities under articles 1 to 7 of the Optional Protocol, for the use of the information media and the general public.

Rules 87 to 105 of the present rules shall not be applied to a State Party that, in accordance with article 10 (1) of the Optional Protocol, at the time of signature or ratification of the Optional Protocol or accession thereto, declared that it does not recognize the competence of the Committee as provided for in article 8 and 9 of the Optional Protocol, unless that State Party has subsequently, in accordance with article 10 (2) of the Optional Protocol, withdrawn its declaration.

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 (1) of the Optional Protocol.

Notwithstanding rule 87 of the present rules, the Committee may, on its own initiative, compile information available to it, including from the United Nations bodies, for its consideration under article 8 (1) of the Optional Protocol.

The Secretary-General shall maintain a permanent register of information brought to the attention of the Committee in accordance with rule 87 of the present rules and shall make the information available to any member of the Committee upon request.

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 87 of the present rules.

Except in compliance with the obligations of the Committee under articles 9 and 12 of the Optional Protocol and rule 104 of the present rules, all documents and proceedings of the Committee relating to the conduct of the inquiry under article 8 of the Optional Protocol shall be confidential.

Meetings of the Committee during which inquiries under article 8 of the Optional Protocol are considered shall be closed.

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 or compiled on its own initiative contains reliable information indicating grave or systematic violations of rights set forth in the Convention by the State Party concerned.

A working group on inquiries, comprising five members of the Committee and representing all regions, shall assist the Committee in any manner in which the Committee may decide in relation to its mandate under article 8 of the Optional Protocol.

1. If the Committee is satisfied that the information received or compiled on its own initiative 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) National human rights institutions;

(d) Non-governmental organizations;

(e) Academia;

(f) 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.

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 fixed time limits.

2. An inquiry shall be conducted confidentially and in accordance with any modalities determined by the Committee.

3. The members designated by the Committee to conduct the inquiry shall determine their own methods of work, taking into account the Convention, the Optional Protocol and the present rules of procedure.

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.

1. Where the Committee has initiated or is considering multiple inquiries concerning the same State Party under article 8 of the Optional Protocol, it may decide to consolidate the proceedings relating to those inquiries for the purposes of efficiency and resource management.

2. The Committee may consolidate inquiry proceedings when all of the following circumstances apply:

(a) It is considering multiple inquiries concerning the same State Party;

(b) The timing of the inquiries permits consolidation without prejudice to the examination of any matter;

(c) Such consolidation would not unreasonably delay the consideration of any information indicating grave or systematic violations;

(d) The State Party concerned has been notified through the Secretary-General and given the opportunity to submit observations on the proposed consolidation.

3. Where inquiry proceedings are consolidated:

(a) A single visit to the territory of the State Party concerned may be conducted covering all matters under examination;

(b) The members designated by the Committee shall ensure that each matter is subject to appropriate and distinct consideration;

(c) The Committee may prepare a consolidated report of the inquiry containing separate sections, with distinct findings, comments and recommendations, for each matter;

(d) The time limits established under rules 95 and 96 shall be adjusted as necessary to accommodate the consolidated proceedings.

4. The consolidation of inquiry proceedings shall be without prejudice to the right of the State party to submit separate observations on each matter and shall not affect the confidentiality requirements under rule 91.

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 members designated by the Committee.

3. The Committee may request the State Party concerned to provide the members designated by the Committee with any information that they or the State Party may consider relates to the inquiry.

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 the members designated by the Committee to conduct the inquiry to carry out their task.

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 providing information or giving testimony shall make a solemn declaration as to the veracity of her or his testimony and the confidentiality of the procedure. Where a solemn declaration cannot be made, the designated members shall, taking account of the circumstances, determine the weight to be attached to such information or testimony.

4. The Committee shall inform the State Party that it must 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.

1. The Committee may decide, in exceptional circumstances, to conduct all or part of an inquiry remotely in any of the following cases:

(a) Circumstances prevent or render impractical a visit by the designated members to the territory of the State Party concerned;

(b) The State party concerned has not consented to a visit pursuant to rule 99 (2), or has withdrawn its consent;

(c) Such action would facilitate the timely conduct of the inquiry;

(d) The safety or security of persons participating in the inquiry is better ensured through remote proceedings;

(e) The Committee considers that the objectives of the inquiry can be effectively achieved remotely.

2. Where the Committee decides to conduct proceedings remotely, it shall, through the Secretary-General, seek the consent and cooperation of the State Party concerned. The necessary technical facilities shall be ensured to enable secure connection to relevant officials, institutions and individuals, using information and communications technology that complies with the information and systems security-related policies and standards of the United Nations.

3. Hearings conducted remotely under the present rule shall be subject to the same conditions and guarantees as established in rule 100 for in-person hearings, and shall entail appropriate measures to verify the identity of participants and ensure that they are not subject to coercion. Technical recordings, if made for the purpose of preparing the inquiry report, shall be kept confidential and destroyed upon completion of the inquiry proceedings.

1. In addition to the staff and facilities to be provided by the Secretary-General in connection with the 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 with special competence are not bound by an 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.

1. After examining the findings of the designated members submitted in accordance with rule 96 of the present rules, the Committee shall transmit the findings, through the SecretaryGeneral, to the State Party concerned, together with any comments and recommendations that it may deem appropriate.

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 receipt.

1. The Committee shall adopt the full report of the inquiry, setting out the Committee’s findings, comments and recommendations, upon completion of all proceedings related to the conduct of the inquiry, and shall make the report public following the expiry of the period of six months referred to in article 8 (4) of the Optional Protocol.

2. The Committee shall ask the State Party concerned if it wishes its observations to be made public together with the Committee’s findings, comments and recommendations.

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 103 (2) of the present rules, invite the State Party concerned, through the Secretary-General, to inform it of any measures taken in response to an inquiry.

3. The Committee may request the working group on inquiries to assist it in carrying out its duties under the present rule.

1. The Committee shall bring to the attention of the State Party concerned its obligation under article 11 of the Optional Protocol to take appropriate steps to ensure that individuals under its jurisdiction are not subjected to ill-treatment or intimidation as a consequence of communicating with the Committee pursuant to 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 that it is taking to ensure that its obligations under article 11 are fulfilled.

The Guidelines against Intimidation or Reprisals (San José Guidelines), endorsed by the Chairs of the human rights treaty bodies at their twenty-seventh meeting,² form an integral part of the present rules of procedure.

² HRI/MC/2015/6.

1. The Committee shall appoint a rapporteur and an alternate rapporteur on reprisals, in accordance with rule 43 (3), who shall exercise their mandate with due consideration for the San José Guidelines, with a victim-oriented and gender-sensitive approach and in compliance with the principles of “do no harm”, confidentiality and free and informed consent.

2. The rapporteur and alternate rapporteur on reprisals shall be mandated to review, assess and verify in a timely manner any information received concerning alleged acts of intimidation or reprisal against individuals and groups who cooperate, seek to cooperate or have cooperated with the Committee, and to determine, with the support of the Secretariat and, if possible, in consultation with the Chair of the Committee, the most appropriate course of action.

3. The rapporteur and alternate rapporteur on reprisals shall be responsible for coordinating the Committee’s activities against intimidation or reprisals, representing the Committee in any related external activities and liaising with the rapporteurs or focal points on reprisals of other treaty bodies and with other relevant stakeholders.

4. The rapporteur and alternate rapporteur on reprisals shall keep the Committee informed of activities undertaken under their mandate. To this end, they shall update the Committee at least once a year on the activities undertaken.

The Committee shall upon request and to the extent possible provide safe and confidential channels of communication for individuals and groups of individuals engaging or seeking to engage with it. All allegations of reprisals, threats and intimidation shall be treated confidentially. Nonetheless, the Committee may, in consultation with the Civic Space Unit of the Office of the High Commissioner for Human Rights and with the consent of the individuals concerned, their relatives and/or their representatives whenever possible, decide:

(a) To transmit all relevant information to the Secretary-General for inclusion in the annual report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights;

(b) To make available on its web page correspondence with the State Party concerned or any other information related to a case that it deems appropriate.

For the purpose of the interpretation of the present rules, the headings, which were inserted for reference purposes only, shall be disregarded.

The present rules may be amended by a decision of the Committee, taken by a twothirds majority of the members present and voting and at least 24 hours after the proposal for the amendment has been circulated, provided that the amendment is not inconsistent with the provisions of the Convention.

Any of the present rules may be suspended by a decision of the Committee, taken by a twothirds majority of the members present and voting, provided that such suspension is not inconsistent with the provisions of the Convention and is restricted to the circumstances of the particular situation requiring the suspension.