What is an inter-state communication?
In some instances, governments can use the CRC communications procedure to lodge complaints against other governments that have failed to live up to their children's rights obligations. These are known as "inter-state communications", and tend to be a less involved procedure than either individual communications or inquiries.
Who can file an inter-state communication?
Governments can file inter-state communications against any other government that has given the Committee permission to receive and review these kinds of complaints. Governments must specifically say that they are willing to accept and respond to inter-state communications when or after they ratify the Optional Protocol on a communications procedure, and can only file communications against other governments if they have also agreed to accept them.
When can an inter-state communication be filed?
Inter-state communications can be filed whenever a government believes that another government is responsible for children's rights violations. They must specify which rights are being violated and which government is responsible, and set out the facts and circumstances around these violations.
Complaining governments also have to explain what their objectives are in filing a communication. As with individual communications, governments can only be held responsible for failing to fulfill obligations they have already accepted by ratifying the Convention or its substantive Optional Protocols.
How are inter-state communications reviewed?
The Committee is responsible for passing along any inter-state communication it receives to the government accused of violating children's rights. There is no automatic requirement that a government submit an official response to an inter-state communication filed against it, but the Committee may ask either government involved to provide additional information. If desired, the Committee can work with the governments to set out rules for whether and when submissions and responses should be filed, facilitate "friendly solutions" or establish special commissions to help governments reach an agreement.
Communications are then reviewed by the Committee in closed sessions. Once this process is complete, the Committee will issue a report and promptly provide copies to both of the governments involved. Where a friendly solution has been reached, the Committee will limit its report to a short statement of the facts and description of the solution. It can also share its views on the agreed solution with the complaining and defending governments, although these must remain confidential. The Committee's reports are considered final, and there are no provisions for follow up.
Why would you advocate for an inter-state communication to be filed?
The inter-state communications procedure offers the broadest scope to raise potential violations of children's rights. Inter-state communications do not have to identify individual child victims, and aren't limited to serious or widespread rights violations. They also offer greater flexibility and simplicity in terms of review procedures. This said, inter-state communications are rarely used, and can risk being more about politics than children's rights. Nonetheless, advocating for a government to file an inter-state communication can give the Committee a chance to look at virtually any children's rights violation.