Statistical survey of individual complaints considered

Overview of procedure

States that have made the declaration may also, pursuant to the Convention, establish or indicate a national body competent to receive petitions from individuals or groups who claim to be victims of violations of their rights and who have exhausted other local remedies. Only if petitioners fail to obtain satisfaction from the body indicated may they bring the matter to the Committee's attention.

In the Programme of Action adopted by the Second World Conference to Combat Racism and Racial Discrimination in 1983, States were asked to make access to their national procedures for dealing with complaints of this kind as easy as possible. The procedures should be publicized and victims of racial discrimination should be helped to make use of them. The rules for making complaints should be simple, and complaints should be dealt with promptly. Legal aid should be available to poor victims of discrimination in civil or criminal proceedings and there should be a right to seek reparation for damages suffered.

The procedure for consideration of communications received by CERD from individuals or groups claiming to be the victims of a violation of the Convention came into operation in 1982, by which time 10 States parties had declared that they accepted the Committee's competence in that regard. The Committee brings such communications confidentially to the attention of the State party in question, but does not - without its consent - reveal the identity of the individual or group claiming a violation. When the State has given an explanation of its views and perhaps suggested a remedy, the Committee debates the matter and may make suggestions and recommendations, which are transmitted both to the individual or group concerned and to the State party.