On the ratification of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

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Law of the Republic of Kazakhstan dated July 4, 2001 No. 220

To ratify the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, signed in New York on September 6, 2000.

President of the Republic of Kazakhstan

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women

The States Parties to this Protocol, Bearing in mind that the Charter of the United Nations has reaffirmed faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, Bearing in mind also that the Universal Declaration of Human Rights proclaimed that all human beings are born free and equal in dignity and rights and that every human being must have all the rights and freedoms set forth in the Declaration, without distinction of any kind, including gender, Recalling the International Covenants on Human Rights and other international human rights instruments that prohibit discrimination on the basis of sex, Recalling also The Convention on the Elimination of All Forms of Discrimination against Women ("the Convention"), in which its States Parties condemn discrimination against women in all its forms and agree to pursue a policy of eliminating discrimination against women without delay and by all appropriate means., Reaffirming their determination to ensure the full and equal enjoyment of all human rights and fundamental freedoms by women and to take effective measures to prevent violations of these rights and freedoms, agreed as follows:

Article 1

A State Party to this Protocol ("the State Party") recognizes the competence of the Committee on the Elimination of Discrimination against Women ("the Committee") to receive and consider communications submitted in accordance with article 2.

Article 2

Communications may be submitted by or on behalf of individuals or groups of individuals subject to the jurisdiction of a State Party who claim to be victims of a violation by that State Party of any of the rights set forth in the Convention. If a message is sent on behalf of individuals or groups of individuals, this is done with their consent, except in cases where the author can justify his actions on their behalf without such consent.

Article 3

Messages should be submitted in writing and should not be anonymous. The Committee shall not accept a communication if it concerns a State Party to the Convention that is not a party to the present Protocol.

Article 4

1. The Committee shall not consider a communication until it is satisfied that all available domestic remedies have been exhausted, except in cases where the application of such remedies is unreasonably prolonged or unlikely to produce the desired result. 2. The Committee declares a communication inadmissible if: (a) the same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement; (b) it is incompatible with the provisions of the Convention; (c) It is clearly unfounded or insufficiently substantiated; (d) it constitutes an abuse of the right to send such a communication; (e) The facts that are the subject of the communication occurred before this Protocol entered into force for the State Party concerned, unless these facts also occurred after that date.

Article 5

1. At any time after receiving a communication and before reaching a decision on its merits, the Committee may, for urgent consideration, request the State Party concerned to take such interim measures as may be necessary to avoid causing possible irreparable harm to the victim or victims of the alleged violation. 2. If the Committee exercises its discretion under paragraph 1 of this article, this does not mean that it has reached a decision on the admissibility or merits of the communication.

Article 6

1. Unless the Committee considers a communication inadmissible without mentioning the State Party concerned, and provided that the person or persons agree to disclose their name or names to that State Party, the Committee shall confidentially bring any communication addressed to it under the present Protocol to the attention of the State Party concerned. 2. The notified State Party shall, within six months, submit to the Committee written explanations or statements clarifying the matter and any measures, if any, that may have been taken by that State Party.

Article 7

1. The Committee shall consider communications received under the present Protocol in the light of all information made available to it by or on behalf of individuals or groups of individuals and the State Party concerned, if such information has been transmitted to the parties concerned. 2. When considering communications provided for in this Protocol, the Committee shall hold closed meetings. 3. After examining the communication, the Committee shall transmit its views on the communication, together with its recommendations, if any, to the parties concerned. 4. The State party shall give due consideration to the Committee's views, together with its recommendations, if any, and shall provide the Committee with a written response within six months, including information on any measures taken in response to the Committee's views and recommendations. 5. The Committee may invite the State Party to provide additional information on any measures taken by the State Party in response to its views or recommendations, if any, including, if the Committee deems it appropriate, in the State party's subsequent reports submitted under article 18 of the Convention.

Article 8

1. If the Committee receives reliable information indicating serious or systematic violations by a State Party of the rights set forth in the Convention, the Committee invites that State Party to cooperate in examining the information and, in this regard, to submit comments on the relevant information. 2. Taking into account any comments that may be submitted by the State Party concerned, as well as any other reliable information available to it, the Committee may appoint one or more of its members to conduct an investigation and submit an urgent report to the Committee. Where justified, and with the consent of the State Party, the investigation may include a visit to its territory. 3. After examining the results of such an investigation, the Committee shall transmit these results to the State Party concerned, together with any observations and recommendations. 4. The State Party concerned shall submit its observations to the Committee within six months of receiving the results, observations and recommendations transmitted by the Committee. 5. Such an investigation is conducted confidentially, and measures are taken at all stages of this work to ensure the cooperation of that State Party.

Article 9

1. The Committee may invite the State Party concerned to include in its report submitted in accordance with article 18 of the Convention detailed information on any measures taken in connection with an investigation conducted in accordance with article 8 of the present Protocol. 2. If necessary, after the end of the six-month period referred to in article 8.4, the Committee may invite the State Party concerned to inform it of the measures taken in connection with such an investigation.

Article 10

1. Any State Party may, at the time of signature or ratification of this Protocol and accession thereto, declare that it does not recognize the competence of the Committee provided for in articles 8 and 9. 2. Any State Party that has made a declaration in accordance with paragraph 1 of this article may at any time withdraw this declaration by Notifications of the Secretary General.

Article 11

The State party shall take all appropriate measures to ensure that persons under its jurisdiction are not subjected to ill-treatment or intimidation as a result of a communication submitted to the Committee in accordance with the present Protocol.

Article 12

The Committee shall include in its annual report provided for in article 21 of the Convention a summary of its activities under this Protocol.

Article 13

Each State Party undertakes to widely disseminate and publicize the Convention and this Protocol and to facilitate access to information on the Committee's views and recommendations, in particular on matters affecting that State Party.

Article 14

The Committee shall develop its own rules of procedure, which shall be observed in the performance of the functions assigned to it by this Protocol.

Article 15

1. This Protocol is open for signature by any State that has signed, ratified or acceded to the Convention. 2. This Protocol is subject to ratification by any State that has ratified or acceded to the Convention. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. This Protocol is open for accession by any State that has ratified or acceded to the Convention. 4. Accession shall be effected by depositing an instrument of accession with the Secretary-General of the United Nations.

Article 16

1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each State that ratifies or accedes to this Protocol after its entry into force, this Protocol shall enter into force three months after the date of deposit of its own instrument of ratification or accession.

Article 17

Reservations to this Protocol are not allowed.

Article 18

1. Any State Party may propose amendments to this Protocol and submit them to the Secretary-General of the United Nations. The Secretary-General shall then transmit any proposed amendments to the States Parties with a request to inform her or him whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposal. If at least one third of the Participating States support the convening of such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at that Conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall enter into force after their approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties to this Protocol in accordance with their constitutional procedures. 3. When the amendments enter into force, they shall become binding on those States Parties that have accepted them, while the provisions of this Protocol and any previous amendments that they have accepted shall remain binding on other States Parties.

Article 19

1. Any State Party may denounce this Protocol at any time by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect six months after the date of receipt of this notification by the Secretary General. 2. The denunciation is without prejudice to the continued application of the provisions of this Protocol in respect of any communication submitted in accordance with article 2 or any investigation initiated in accordance with article 8 prior to the effective date of the denunciation.

Article 20

The Secretary-General of the United Nations shall inform all States of: (a) signatures, ratifications and accessions under this Protocol; (b) the date of entry into force of this Protocol and any amendments under article 18; (c) any denunciation under article 19.

Article 21

1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States referred to in article 25 of the Convention.

President

Republic of Kazakhstan

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