the International Convention on the Elimination of All Forms of Racial Discrimination, but, under the Covenant, it applies only to those State parties
that have formally accepted it.
Resolution of inter-State disputes concerning interpretation or
application of a convention
The Convention on the Elimination of All Forms of Discrimination against
Women (art. 29), the International Convention for the Protection of All
Persons from Enforced Disappearance (art. 42), the Convention against
Torture (art. 30), the International Convention on the Elimination of All
Forms of Racial Discrimination (art. 22) and the International Convention
on the Protection of the Rights of All Migrant Workers and Members of
their Families (art. 92) provide for disputes between State parties concerning the interpretation or application of these conventions to be resolved in
the first instance by negotiation or, failing that, by arbitration. One of the
States involved may refer the dispute to the International Court of Justice if
the parties fail to agree on the terms of arbitration within six months. State
parties may opt out of this procedure by making a declaration at the time
of ratification or accession, in which case, in accordance with the principle of reciprocity, they are barred from bringing cases against other State
parties. This procedure has so far been used twice: in a case opposing the
Democratic Republic of the Congo and Rwanda13 and in another opposing Georgia and the Russian Federation14 before the International Court
of Justice.
J. General comments
Each of the treaty bodies publishes its interpretation of the provisions of its
respective human rights treaty in the form of “general comments” or “general
recommendations”. These cover a wide range of subjects, from the comprehensive interpretation of substantive provisions, such as the right to life or the
right to adequate food, to general guidance on the information that should
be submitted in State reports relating to specific articles of the treaties. General comments have also dealt with wider, cross-cutting issues, such as the
role of national human rights institutions, the rights of persons with disabilities,
violence against women and the rights of minorities.
All are available from the OHCHR website (www.ohchr.org).
See Armed Activities on the Territory of the Congo (New Application: 2002) (Democratic Republic of the Congo v. Rwanda), Jurisdiction and Admissibility, Judgment, I.C.J. Reports 2006,
p. 39, para. 87.
14
See Application of the International Convention on the Elimination of All Forms of Racial
Discrimination (Georgia v. Russian Federation), Judgment of 1 April 2011.
13
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