MALTA

Special Decisions or Action taken Re: Reporting, Including Urgent Action Procedure

CERD A/8718 (1972)

Annex III

Text of communication to be sent to Malta ... in accordance with the decision adopted by the Committee at the 112^th meeting, sixth session

The Committee on the Elimination of Racial Discrimination considered the initial report submitted by [Malta] at the [110^th and 112^th] meetings of its sixth session, which were held on [18 August 1972], in the presence of the duly accredited representative of [Malta]. The final summary records of the meetings at which the report was considered will be forwarded as soon as they are available.

The Committee listened carefully to the statement made by the representative of [Malta] at its [111^th] meeting, and noted with appreciation his assurance that the information which, in the opinion of the Committee, was lacking in that initial report would be furnished to the Committee in a subsequent report, to the extent to which it is possible to do so. The Committee therefore hopes that a supplementary report, containing such relevant information as is available to the Government of [Malta] but was lacking in its initial report, will be received by the Committee no later than 1 June 1973, in order that it may be able to consider the report at its eighth session and include in its fourth annual report to the General Assembly any suggestions or general recommendations it may deem appropriate to make on the basis of its examination of that report, in accordance with article 9, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination.

In this connection, the Committee draws attention to the first communication it issued on the subject of reports from States Parties, on 28 January 1970, as well as to the subsequent general recommendations which it has adopted and which deal with the contents of reports submitted by States Parties in accordance with article 9, paragraph 1, of the International Convention. Copies of the relevant portions of the original communication of 28 January 1970 and the subsequent general recommendations are attached, in the hope that they, as well as the relevant summary records of the meetings of the Committee, will be taken into account in the preparation of the forthcoming report by the competent authorities of the Government of [Malta].

CERD, A/65/18 (2010)

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Chapter V: Review of the Implementation of the Convention in States Parties the Reports of Which are Seriously Overdue

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C. Action taken by the Committee to ensure submission of reports by States parties

60. At its forty-second session, the Committee, having emphasized that the delays in reporting by States parties hampered it in monitoring implementation of the Convention, decided that it would continue to proceed with the review of the implementation of the provisions of the Convention by States parties whose reports were overdue by five years or more. In accordance with a decision taken at its thirty-ninth session, the Committee agreed that this review would be based upon the last reports submitted by the State party concerned and their consideration by the Committee. At its forty-ninth session, the Committee further decided that States parties whose initial reports were overdue by five years or more would also be scheduled for a review of the implementation of the Convention. The Committee agreed that in the absence of an initial report, the Committee would consider all information submitted by the State party to other organs of the United Nations or, in the absence of such material, reports and information prepared by organs of the United Nations. In practice the Committee also considers relevant information from other sources, including from non-governmental organizations, whether it is an initial or periodic report that is seriously overdue.

61. At its seventy-sixth session, the Committee decided to postpone the scheduled review the implementation of the Convention in Uruguay as the State party submitted its report prior to that session. The Committee also decided to postpone the review scheduled in respect to Jordan, Malta and Niger in the light of a commitment received from the State parties to finalize their report in the near future. The report of Malta was submitted prior to the seventy-seventh session.

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Chapter V: Review of the Implementation of the Convention in States Parties the Reports of Which are Seriously Overdue

...

C. Action taken by the Committee to ensure submission of reports by States parties

60. At its forty-second session, the Committee, having emphasized that the delays in reporting by States parties hampered it in monitoring implementation of the Convention, decided that it would continue to proceed with the review of the implementation of the provisions of the Convention by States parties whose reports were overdue by five years or more. In accordance with a decision taken at its thirty-ninth session, the Committee agreed that this review would be based upon the last reports submitted by the State party concerned and their consideration by the Committee. At its forty-ninth session, the Committee further decided that States parties whose initial reports were overdue by five years or more would also be scheduled for a review of the implementation of the Convention. The Committee agreed that in the absence of an initial report, the Committee would consider all information submitted by the State party to other organs of the United Nations or, in the absence of such material, reports and information prepared by organs of the United Nations. In practice the Committee also considers relevant information from other sources, including from non-governmental organizations, whether it is an initial or periodic report that is seriously overdue.

61. At its seventy-sixth session, the Committee decided to postpone the scheduled review the implementation of the Convention in Uruguay as the State party submitted its report prior to that session. The Committee also decided to postpone the review scheduled in respect to Jordan, Malta and Niger in the light of a commitment received from the State parties to finalize their report in the near future. The report of Malta was submitted prior to the seventy-seventh session.

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