The Protocol Instituting a Conciliation and Good offices Commission to be Responsible for Seeking the settlement of any Disputes which may Arise between States Parties to the Convention against Discrimination in Education was adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, meeting in Paris from 9 November to 12 December 1962, at its twelfth session.
The Commission is responsible for seeking the amicable settlement of disputes between States Parties to the Convention against Discrimination in Education.
According to Article 2 of the Protocol, the Commission shall consist of eleven members who shall be persons of high moral standing and acknowledged impartiality. The members are elected by the General Conference of the United Nations Educational, Scientific and Cultural Organization and the members of the Commission will serve in their personal capacity.
The protocol specifies that if a State Party to the Protocol considers that another State Party is not giving effect to a provision of the Convention, it may, by written communication, bring the matter to the attention of that State. Within three months after the receipt of the communication, the receiving State shall afford the complaining State an explanation or statement in writing concerning the matter. This explanation should references to, procedures and remedies taken, or pending, or available in the matter.
If the matter is not adjusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Commission, by notice given to the Director-General and to the other State.
These provisions however shall not affect the rights of States Parties to have recourse, in accordance with general or special international agreements in force between them, to other procedures for settling disputes including that of referring disputes by mutual consent to the Permanent Court of Arbitration at The Hague. Therefore even if these steps are taken, the States still retain the right to refer the dispute to the Permanent Court of Arbitration at The Hague for settlement.
