Optional Protocol to the ICCPR — Individual Complaint Mechanism

Summary

The First Optional Protocol to the ICCPR allows individuals to submit communications to the Human Rights Committee where they allege violations of ICCPR rights by a state party to both the Covenant and the Protocol. Sri Lanka ratified the Optional Protocol in 1997. The Committee issues 'Views' which are not legally binding but carry significant political weight.

Relevance to the diaspora

Tamil individuals (including diaspora members) who have exhausted domestic remedies in Sri Lanka can file communications to the HRC under the Optional Protocol alleging violations of ICCPR rights; the HRC's Views carry moral authority and are regularly cited in UN advocacy; multiple Tamil-related cases have been registered.

Key provisions

• Art. 1 — competence of Committee to receive individual communications
• Art. 2 — communication by individuals claiming to be victims
• Art. 4 — state party must submit written explanations within 6 months
• Art. 5 — Committee consideration and Views

Primary source

Related entries

• → ICCPR Article 1 — Right of Self-Determination (UN)
• → ICCPR Articles 19, 21, 22 — Expression, Assembly and Association (UN)
• → ICCPR Article 27 — Rights of Minorities (UN)