on the Elimination of All Forms of Racial Discrimination, the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the International Convention for the Protection of
All Persons from Enforced Disappearance, States recognize the committees’
competence by making a declaration to that effect under a specific article
of these conventions.6
Who can bring a complaint?
Anyone can lodge a complaint with a committee against a State that satisfies these two conditions (being a party to the treaty and having accepted
the committee’s competence to examine individual complaints), claiming that
his or her rights under the relevant treaty have been violated. It is not necessary to have a lawyer prepare the case, though legal advice may improve
the quality of the submissions. Individuals must be aware, however, that the
United Nations does not provide legal aid under these procedures. Complaints can be brought on behalf of the alleged victim, with his or her written
consent.7 In certain cases, such consent is not required, for example if the
alleged victim is in prison without access to the outside world or is a victim
of an enforced disappearance. In these cases, the complainant should state
clearly why such consent cannot be provided.
What information should be included in a complaint?
While a complaint to a committee, also called a communication or a petition, need not be presented in a particular format, the use of the model complaint forms and guidelines annexed below is recommended. The complaint
should be in writing, legible, preferably typed, and signed.8 Only communications presented in one of the official United Nations languages (Arabic,
Chinese, English, French, Russian and Spanish) can be accepted. The complaint should provide basic personal information—name, nationality, date of
birth, postal address and e-mail address of the complainant—and specify
the State party against which it is directed. Any subsequent change in address or other contact information should be notified as soon as possible.
It is essential to set out, in chronological order, all the facts on which the complaint is based. The account must be as complete as possible and contain all
the information relevant to the case. The complainant must state why he or she
considers that the facts described constitute a violation of the treaty in question.
6
To check whether a State has made such a declaration, see http://treaties.un.org/Pages/
Treaties.aspx?id=4&subid=A&lang=en (accessed 28 March 2013).
7
There is no requirement as to the specific form of the written consent.
8
Complaints sent electronically should be scanned and attached to an e-mail addressed to the
OHCHR Petitions Team (see contact details at the end of this Fact Sheet).
4