Article 41 ICCPR provides for INTER-STATE COMPLAINTS — a State Party may complain to the HRC that another State Party is not fulfilling its obligations under the Covenant. This procedure is:
AOPTIONAL — applicable only where both States Parties have made a DECLARATION recognising the competence of the Committee to receive and consider such complaints
Bmandatory for all States (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41)
Capplicable to all UN Members (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41)
Dapplicable through Security Council only (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41) (cf. ICCPR Article 41)
Answer & Solution
Correct answer: A. OPTIONAL — applicable only where both States Parties have made a DECLARATION recognising the competence of the Committee to receive and consider such complaints
1. Article 41(1) ICCPR provides for inter-State complaints procedure: a State Party may declare that it recognises the competence of the HRC to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant.
2. The procedure is OPTIONAL — applicable only between States Parties that have made the Article 41 declaration.
3. Procedure: (a) the complainant State first communicates with the respondent State; (b) if not resolved in 6 months, refers to HRC; (c) HRC may attempt amicable solution; (d) if unsuccessful, HRC may appoint AD HOC CONCILIATION COMMISSION (Article 42).
4. The Article 41 procedure has been used rarely; mostly States prefer political/bilateral channels.
5. Hence option B is correct.
_Source: International HR Treaties + Indian Constitutional Jurisprudence — ICCPR Article 41_
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