The Composition of the Commission

 

The Composition of the Commission: - This commission shall be consisted with the five persons which accepted by the state (s) member. If the state (s) member is failed in respect of the agreement or no agreement on the aforesaid composition of the commission within three months consequently the above said persons for the commission shall be elected by 2/3 majority vote of the committee from among its members by the secret ballot.[1] Such elected persons or persons of commission shall do the service in their personal capacity[2].

Disqualifications of the persons of the Commission: - Such persons shall not be national (s) of the state (s) member respective or of the State (s) which is not a party of the covenant or the State (s) which has not done declaration under article 41 of this covenant.[3]

The Chairman, Rules, and Procedure & Meetings of the Commission: -The Chairman of the commission shall be elected by the commission and the rule for procedure also shall be adopted by this commission.[4] The meetings of the commission shall be conducted generally in the headquarter of the U.N.O. or in the office of United Nations in Geneva and also may be conducted on the any convenient place as determined by the commission with consultation of U.N. Secretary General & the  state (s) member respective.[5]

Call upon the State (s) member respective by the Commission:- The Piece (s) information or information as received & collected by the committee shall be caused available to the commission and the state (s) member respective may be called upon by the commission to furnish any other relevant information.[6]

Limitation of the Commission for the consideration the matter& the Amicable Resolution of the matter:- After the fully consideration of the matter by the not more than 12 months commission after seizure of the matter, it shall be submitted to the Chairman of the Human rights Committee, a report for the communication (s) to the state (s) member respective.[7] If the commission does not able to complete the consideration of the matter within 12 months, a brief report of the consideration relating to matter shall be confined.[8] If the amicable resolution on the ground of respect for human rights is done by the state (s) member respective, in consequences of the same, the commission shall confine the concise report regarding statement & reached solution (s) concerned.[9]

If the matter is not resolved amicably:- in this relation, if the matter is not solved/ resolved amicably, the commission shall mention all the findings in connection with all the questions of facts relevant with the issues between the state (s) member respective & the views with respect to the possibilities of the resolution/ solution amicably of the matter. This report shall also include the written submission (s) & a record (s) of the oral submission (s) which were produced or raised by the state (s) member respective to the Covenant.[10]

The Acceptance or not of the aforesaid report by the state (s) member respective:-

In this regard, the state (s) member respective to the Covenant shall notify to the Chairman of the Human rights committee within 03 months from the date of receipt of the hereinbefore mentioned & submitted report by the commission, whether the aforesaid States provide their acceptance on the content of the report of the commission or not?[11] The provisions of this article are without effecting prejudicially to the responsibilities of the committee.[12]

The Expenditure (s) of the Commission:- The U.N. Secretary- General shall provide the estimate (s) of all the expenditure (s) of the members of the commission which shall be shared equally by the state (s) member respective.[13] In this respect, the U.N. Secretary- General shall be empowered for the payment of the expenditure (s) of the commission’s members if it is found necessary prior to the reimbursement by the state (s) member respective in according to clause 09 of the article 42.[14]

The Facility (ies), Privilege (s) & Immunity (ies) of the Member (s) of the Ad Hoc Conciliation Commission and Human Rights Committee:- with regard to this, the Member (s) of the Ad Hoc Conciliation Commission and Human Rights Committee as appointed under the article 42 shall have the entitlements to the facility (ies), privilege (s) & immunity (ies) of the expert (s) on mission of U.N.O. as prescribed in  relevant section (s)  of the convention in respect of the privilege (s) & immunity (ies) of United Nations.[15]

The Submission of the Report of the Human rights committee:- the annual report of the committee on its activities shall be submitted to the U.N. General Assembly through the Economic & Social Council.[16]

The relevant Case Laws concisely:- The relevant and important case laws briefly are as- Case of Netto, Ambrosini case, Ewardo Dante SantulloValcada case, Lovelace case, Maurition women’s case, vuolamne V. Finland case and etc.[17]

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[1]Article 42(1)(b) of Ibid

[2]Article 42(2) of Ibid

[3]Article 42(2) of Ibid

[4]Article 42(3) of Ibid

[5]Article 42(4) of Ibid

[6]Article 42(6) of Ibid

[7]Article 42(7) of Ibid

[8]Article 42(7)(a) of Ibid

[9]Article 42(7)(b) of Ibid

[10]Article 42(7)(c) of Ibid

[11]Article 42(7)(d) of Ibid

[12]Article 42(8) of Ibid

[13]Article 42(9) of Ibid

[14]Article 42(10) of Ibid

[15] Article 43 of Ibid

[16] Article 45 of Ibid

[17] Dr. S.K.Kapoor: Human Rights under International Law and Indian Law: Central Law Agency, Allahabad: 5^th Edition 2011 Page no.71-75.