Inter-state communications

Interstate communications Qatar v. Kingdom of Saudi Arabia and Qatar v. United Arab Emirates

On 8 March 2018, for the first time in history, the Committee on the Elimination of Racial Discrimination (the Committee) received two interstate communications submitted by Qatar respectively against the Kingdom of Saudi Arabia and the United Arab Emirates under article 11 of the Convention on the Elimination of All Forms of Racial Discrimination (the Convention).

In compliance with article 11(1) of the Convention, the Committee transmitted the interstate communications received to the States parties concerned. In accordance with article 11(2) of the Convention, the State of Qatar has referred the matter again to the Committee on 29 October 2018 for both communications it submitted to the Committee.

On 14 December 2019, the Committee adopted a decision asking the concerned States to supply any relevant information on issues of jurisdiction of the Committee or admissibility of the communication, including the exhaustion of all available domestic remedies.

On 27 August 2019, the Committee decided that it has jurisdiction concerning the communications submitted by Qatar respectively against the Kingdom of Saudi Arabia and the United Arab Emirates.

On the same date, the Committee declared admissible the two communications and requested its Chair to appoint, in accordance with article 12(1) of the Convention, the members of ad hoc Conciliation Commissions which shall make their good offices available to the States concerned with a view of an amicable solution of the matter.

In February 2020, following consultations with the States parties concerned, the Chair of the Committee appointed the members of the ad hoc Commissions as follows:

• Members of ad hoc Conciliation Commission on the case Qatar v. Kingdom of Saudi Arabia : Mr. Marc BOSSUYT (Belgium), Ms. Chinsung CHUNG (Republic of Korea), Mr. Makane Moïse MBENGUE (Senegal), Ms. Monica PINTO (Argentina) and Ms. Verene Albertha SHEPHERD (Jamaica).
• Members of ad hoc Conciliation Commission on the case Qatar v. United Arab Emirates : Ms. Sarah CLEVELAND (USA), Ms. Chiara GIORGETTI (Italy), Ms. Maya SAHLI-FADEL (Algeria), Mr. Bernardo SEPÚLVEDA-AMOR (Mexico) and Yeung Kam John Yeung SIK YUEN (Mauritius).

On 11 January 2021, following the Al Ula Declaration concluded on 5 January 2021 between Qatar and its neighbours, including the respondents, Qatar transmitted two Notes verbales to the Secretariat requesting the suspension of the proceedings. The Al Ula Declaration provided the parties with a deadline of one year to terminate the proceedings from the date of its adoption. Both respondents, the United Arab Emirates and the Kingdom of Saudi Arabia, consented to the suspension of the proceedings, respectively, on 27 January 2021 and 2 February 2021.

On 5 March 2021, the two ad hoc Conciliation Commissions held a joint online meeting and decided to take note of Qatar’s request for suspension, to take also note of the respondents’ consent to the suspension of the proceedings, to suspend the proceedings and to invite any of the States parties concerned to inform the ad hoc Conciliation Commission via the Secretariat within one year of the adoption of the Al Ula Declaration whether it wishes to resume the consideration of the matter before the ad hoc Conciliation Commissions or to provide any relevant information; and to remain seized of the matter.

On 19 January 2022, concerning the case of Qatar v. Saudi Arabia, the Commission decided to terminate the proceedings, pursuant to its decision of 5 March 2021, since none of the States Parties concerned had expressed its wish to resume the consideration of the dispute.

On 11 January 2022, Qatar informed the Commission that bilateral meetings with the United Arab Emirates under the Al Ula Declaration framework were ongoing and requested that the proceedings between the parties remain suspended until further notice. Subsequently, on 26 January 2022, the United Arab Emirates informed the Commission that given the expiration of the one-year deadline following the conclusion of the Al Ula Declaration, “neither party has expressed within the indicated timeframe any wish to resume the proceedings”. Therefore, the United Arab Emirates requested the proceedings to be terminated. On 23 December 2022, Qatar also requested the termination of the case. On 26 January 2023, the Commission, having noted that both States parties concerned requested the termination of the proceedings, decided to end its work.

The Committee hereby publishes the decision it has adopted in the course of the procedure concerning the communications submitted by Qatar and the decisions adopted by the ad hoc Conciliation Commissions concerning the suspension and the termination of the proceedings.

Decisions concerning the cases Qatar v. Kingdom of Saudi Arabia and Qatar v. United Arab Emirates:

Qatar v. Kingdom of Saudi Arabia:
Qatar v. KSA - Decision on jurisdiction
Qatar v. KSA - Decision on admissibility
Qatar v. KSA - Decision on the request for suspension submitted by Qatar
Qatar v. KSA - Decision on the termination of the proceedings

Qatar v. the United Arab Emirates:
Qatar v. UAE - Decision on jurisdiction
Qatar v. UAE - Decision on admissibility
Qatar v. UAE - Decision on the request for suspension submitted by Qatar
Qatar v. UAE - Decision on the termination of the proceedings

Interstate communication State of Palestine v. Israel

On 23 April 2018, the State of Palestine submitted an interstate communication to the Committee against Israel under article 11 of the Convention.

On 7 November 2018, pursuant to article 11(2) of the Convention, the State of Palestine referred the matter again to the Committee. On 14 December 2018, during its 97th session (26 November to 14 December 2018), the Committee requested the States parties to supply any relevant information on issues of jurisdiction of the Committee or admissibility of the communication, including the exhaustion of all available domestic remedies. The Committee also decided to examine all preliminary questions related to interstate communications at its 98th session (23 April to 10 May 2019), with the participation, without voting rights, of one representative from each concerned State, in compliance with article 11(5) of the Convention.

On 10 May 2019, the Committee decided to postpone the consideration of the matter during the 99th session. Due to several procedural issues, the proceedings have been delayed again for the next session. On 12 December 2019, during its 100th session, the Committee decided that it had jurisdiction concerning the communication and decided to address the issue of admissibility at its next session. However, due to the COVID-19 pandemic and its subsequent effect on the Committee’s sessions in 2020, the consideration of the matter has been postponed for the 103rd session (19 to 30 April 2021).

In February 2020, the Committee decided that the background documents regarding the communication Palestine v. Israel should be made public.

On 30 April 2021, during its 103rd session, the Committee decided that the communication was admissible and requested that its Chair carry out consultations concerning the establishment of an ad hoc Conciliation Commission (the Commission) in accordance with article 12 (1) (a) of the Convention. This mechanism shall make its good offices available to the States concerned with a view to an amicable solution of the matter.

The Committee hereby publishes the documents of the proceedings and the decision it has adopted concerning the case Palestine v. Israel.

Decisions concerning the case State of Palestine v. Israel:
State of Palestine v. Israel - Decision on jurisdiction: CERD/C/100/3, CERD/C/100/4, CERD/C/100/5
State of Palestine v. Israel - Decision on admissibility: CERD/C/103/4

Complete list of Documents concerning the case State of Palestine v. Israel

Ad hoc Conciliation Commission on the interstate communication State of Palestine vs. Israel

During a meeting held in the margin of the 105^th session, the Committee’s Bureau noted that the States parties concerned did not unanimously agree on the list of candidates proposed by the Chair to take part in the Commission as per article 12 (1)(a) of the Convention. Having considered that there was no prospect of reaching an agreement between the parties on the matter, the Bureau suggested that the Commission’s members shall be elected by the Committee among Committee members.

On 30 November 2021, during its 105^th session, the Committee elected the members of the Commission from among its members according to article 12 (1) (b) of the Convention, taking into account the geographical representation. The composition of the ad hoc Commission is as follows: Mr. Michał BALCERZAK (Poland); Ms. Chinsung CHUNG (South Korea); Mr. Gun KUT (Turkey); Ms. Verene Albertha SHEPHERD (Jamaica), and Ms. Faith Dikeledi Pansy TLAKULA (South Africa).

On 22 January 2022 and 10 February 2022, the Commission held two online meetings. The Commission appointed Mr. Gun KUT as the Commission’s Chair. The Commission discussed preliminary issues in relation to its work, including the adoption of its Rules of Procedure.

From May 2022 to December 2023, the Commission held six in-person meetings^[1] in Geneva on several aspects pertaining to its work, including administrative matters, information gathering, strategies of conciliation and the drafting of its report.

[1] Respectively, on 4-5 May 2022; 31 August- 1 September 2022; 5- 6 December 2022; 1- 2 May 2023; and 1,4, 5 and 6 September 2023; and 11-12 December 2023.