INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS
Adopted & opened for signature, ratification and
accession by General Assembly resolution 2200 A (XXI) of 16 Dec 1966;
Entry into force 23 March 1976 in accordance with article 49
PREAMBLE
THE STATES PARTIES TO THE PRESENT COVENANT,
CONSIDERING that, in accordance with the principles proclaimed in the Charter
of the United Nations, recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world,
RECOGNIZING that these rights derive from the inherent dignity of the human
person,
RECOGNIZING that, in accordance with the Universal Declaration of Human
Rights, the ideal of free human beings enjoying civil and political freedom and
freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his civil and political rights, as well as his
economic, social and cultural rights,
CONSIDERING the obligation of States under the Charter of the United Nations
to promote universal respect for, and observance of, human rights and freedoms,
REALIZING that the individual, having duties to other individuals and the
community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant,
AGREE upon the following articles:
PART I
Article 1
(1) All peoples have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue their economic,
social and cultural development.
(2) All peoples may, for their own ends, freely dispose of their natural
wealth and resources without prejudice to any obligations arising out of
international economic co-operation, based upon the principle of mutual benefit,
and international law. In no case may a people be deprived of its own means of
subsistence.
(3) The States Parties to the present Covenant, including those having
responsibility of the administration of Non-Self-Governing and Trust
Territories, shall promote the realization of the right of self- determination,
and shall respect that right, in conformity with the provisions of the Charter
of the United Nations.
PART II
Article 2
(1) Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion,
national or social origin, birth or other status.
(2) Where not already provided for by existing legislative or other measures,
each State Party to the Present Covenant undertakes to take the necessary steps,
in accordance with its constitutional processes and with the provisions of the
present Covenant, to adopt such legislative or other measures as may be
necessary to give effect to the rights recognized in the present Covenant.
(3) Each State Party to the Present Covenant undertakes:
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(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding that
the violation may have been committed by persons acting in an official
capacity;
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(b) To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
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(c) To ensure that the competent authorities shall enforce such remedies
when granted.
Article 3
The States Parties to the Present Covenant undertake to ensure the equal
rights of men and women to the enjoyment of all civil and political rights set
forth in the present Covenant.
Article 4
(1) In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the
present Covenant may take measures derogating from their obligations under the
present Covenant to the extent strictly required by the exigencies of the
situation, provided that such measures are not inconsistent with their other
obligations under international law and do not involve discrimination solely on
the ground of race, colour, sex, language, religion or social origin.
(2) No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and
18 may be made under this provision.
(3) Any State Party to the Present Covenant availing itself to the right of
derogation shall immediately inform the other States Parties to the Present
Covenant, through the intermediary of the Secretary-General of the United
Nations, of the provisions from which it has derogated and of the reasons by
which it was actuated. A further communication shall be made, through the same
intermediary, on the date on which it terminates such derogation.
Article 5
(1) Nothing in the present Covenant may be interpreted as implying for any
State, group or person any right to engage in any activity or perform any act
aimed at the destruction of any of the rights and freedoms recognized herein or
at their limitation to a greater extent than is provided for in the present
Covenant.
(2) There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to the
Present Covenant pursuant to law, conventions, regulations or custom on the
pretext that the present Covenant does not recognize such rights or that it
recognizes them to a lesser extent.
PART III
Article 6
(1) Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
(2) In countries which have not abolished the death penalty, sentence of
death may only be imposed for the most serious crimes in accordance with the law
in force at the time of the commission of the crime and not contrary to the
provisions of the present Covenant and to the Convention on the Prevention and
Punishment of the Crime of Genocide. This penalty can only be carried out
pursuant to a final judgement rendered by a competent court.
(3) When deprivation of life constitutes the crime of genocide, it is
understood that nothing in this article shall authorize any State Party to the
Present Covenant to derogate in any way from any obligation assumed under the
provisions of the Convention on the Prevention and Punishment of the Crime of
Genocide.
(4) Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of the sentence of
death shall be granted in all cases.
(5) Sentence of death shall not be imposed for crimes committed by persons
below eighteen years of age and shall not be carried out on pregnant women.
(6) Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the Present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhumane or degrading
treatment or punishment. In particular, no one shall be subjected without his
free consent to medical or scientific experimentation.
Article 8
(1) No one shall be held in slavery; slavery and slave-trade in all their
forms shall be prohibited.
(2) No one shall be held in servitude.
(3)
(a) No one shall be required to perform forced or compulsory
labour;
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(b) Paragraph 3(a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a crime,
the performance of hard labour in pursuance of a sentence to such punishment
by a competent court;
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(c) For the purpose of this paragraph the term "forced or compulsory
labour" shall not include:
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(i) Any work or service, not referred to in sub-paragraph (b),
normally required of a person who is under detention in consequence of a
lawful order of a court, or of a person during conditional release from
such detention;
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(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by
law of conscientious objectors;
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(iii) Any service exacted in cases of emergency or calamity
threatening the life or well-being of the community;
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(iv) Any work or service which forms part of normal civil obligations.
Article 9
(1) Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as are
established by law.
(2) Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against
him.
(3) Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release. It
shall not be the general rule that persons awaiting trial shall be detained in
custody, but release may be subject to guarantees to appear for trial, at any
other stage of the judicial proceedings, and, should occasion arise, for
execution of the judgement.
(4) Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may decide
without delay on the lawfulness of his detention and order his release if the
detention is not lawful.
(5) Anyone who has been the victim of unlawful arrest or detention shall have
an enforceable right to compensation.
Article 10
(1) All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person.
(2)
(a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate treatment
appropriate to their status as unconvicted persons;
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(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible to adjudication.
(3) The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation.
Juvenile offenders shall be segregated from adults and accorded treatment
appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the grounds of inability to fulfill a
contractual obligation.
Article 12
(1) Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose his
residence.
(2) Everyone shall be free to leave any country, including his own.
(3) The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals or the rights and
freedoms of others, and are consistent with the other rights recognized in the
present Covenant.
(4) No one shall be arbitrarily deprived of the right to enter his own
country.
Article 13
An alien lawfully in the territory of a State Party to the Present Covenant
may be expelled therefrom only in pursuance of a decision reached in accordance
with the law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit reasons against his expulsion and to
have his case reviewed by, and be represented for the purpose before, the
competent authority or a person or persons especially designated by the
competent authority.
Article 14
(1) All persons shall be equal before courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit of law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by law.
The Press and public may be excluded from all or part of the trial for reasons
of morals, public order (ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties so requires,
or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice; but any
judgement rendered in a criminal case or in a suit of law shall be made public
except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children.
(2) Everyone charged with a criminal offense shall have the right to be
presumed innocent until proven guilty according to law.
(3) In the determination of any criminal charge against him, everyone shall
be entitled to the following minimum guarantees, in full equality:
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(a) To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;
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(b) To have adequate time and facilities for the preparation of his
defense and to communicate with a counsel of his own choosing;
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(c) To be tried without undue delay;
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(e) To examine, or have examined, the witnesses against him and to obtain
the attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him;
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(f) To have the free assistance of an interpreter if he cannot understand
or speak the language used in court;
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(g) Not to be compelled to testify against himself or to confess guilt.
(4) In the case of juvenile persons, the procedure shall be such as will take
account of their age and the desirability of promoting their rehabilitation.
(5) Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.
(6) When a person has by final decision been convicted of a criminal offense
and when subsequently his conviction has been reversed or he has been pardoned
on the ground that a new or newly discovered fact shows conclusively that there
has been a miscarriage of justice, the person who has suffered punishment as a
result of such conviction shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact is wholly or partially
attributable to him.
(7) No one shall be liable to be tried or punished again for an offence for
which he has already been finally convicted or acquitted in accordance with the
law and penal procedure of each country.
Article 15
(1) No one shall be held guilty of any criminal offence on account of any act
or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time when the
criminal offence was committed. If, subsequent to the commission of the offence,
provision is made by law for the imposition of a lighter penalty, the offender
shall benefit thereby.
(2) Nothing in this article hall prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed, was
criminal according to the general principles of law recognized by the community
of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before
the law.
Article 17
(1) No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
(2) Everyone has the right to the protection of the law against such
interference or attacks.
Article 18
(1) Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include the freedom to have or adopt a religion or
belief of his choice, and freedom, either individually or in community with
others and in public or private, to manifest his religion or belief in worship,
observance, practice and teaching.
(2) No one shall be subject to coercion which would impair his freedom to
have or adopt a religion or belief of his choice.
(3) Freedom to manifest one's religion or beliefs may be subject only to such
limitations as are prescribed by law and are necessary to protect public safety,
order, health, or morals or the fundamental rights and freedoms of others.
(4) The States Parties to the Present Covenant undertake to have respect for
the liberty of parents and, when applicable, legal guardians to ensure the
religious and moral education of their children in conformity with their own
convictions.
Article 19
(1) Everyone shall have the right to hold opinions without interference.
(2) Everyone shall have the right to freedom of expression; this right shall
include freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.
(3) The exercise of the rights provided for in paragraph 2 of this article
carries with it special duties and responsibilities. It may therefore be subject
to certain restrictions, but these shall be only as are provided by law and are
necessary:
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(a) For respect of the rights of others;
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(b) For the protection of national security or of public order
(ordre
public), or of public health or morals.
Article 20
(1) Any propaganda for war shall be prohibited by law.
(2) The advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may be
placed on the exercise of this right other than those imposed in conformity with
the law and which are necessary in a democratic society in the interests of
national security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and freedoms of
others.
Article 22
(1) Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of his
interests.
(2) No restrictions may be placed on the exercise of this right other then
those which are prescribed by law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others. This article shall not prevent the imposition of
lawful restrictions on members of the armed forces and of the police in their
exercise of this rights.
(3) Nothing in this article shall authorize States Parties to the
International Labour Organization Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative measures
which would prejudice, or to apply the law in such a manner as to prejudice, the
guarantees provided for in that Convention.
Article 23
(1) The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
(2) The right of men and women of marriageable age to marry and to found a
family shall be recognized.
(3) No marriage shall be entered into without the free and full consent of
the intending spouses.
(4) States Parties to the Present Covenant shall take appropriate steps to
ensure equality of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution. In the case of dissolution, provision shall be
made for the necessary protection of the children.
Article 24
(1) Every child shall have, without discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the right to
such measures or protection as are required by his status as a minor, on the
part of his family, society and the state.
(2) Every child shall be registered immediately after birth and shall have a
name.
(3) Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without any if the
distinctions mentioned in article 2 and without unreasonable restrictions:
(a) To take part in the conduct of public affairs, directly or through freely
chosen representatives;
(b) To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot, guaranteeing
the free expression of the will of the electors;
(c) To have access, on general terms of equality, to public service in his
country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in community
with other members of their group, to enjoy their own culture, to profess and
practise their own religion, or to use their own language.
PART IV
Article 28
(1) There shall be established a Human Rights Committee (hereafter referred
to in the present Covenant as the Committee). It shall consist of eighteen
members and shall carry out the functions hereinafter provided.
(2) the Committee shall be composed of nationals of the States Parties to the
Present Covenant who shall be persons of high moral character and recognized
competence in the field of human rights, consideration being given to the
usefulness of the participation of some persons having legal experience.
(3) The members of the Committee shall be elected and serve in their personal
capacity.
Article 29
(1) The members of the Committee shall be elected by secret ballot from a
list of persons possessing the qualifications prescribed in article 28 and
nominated for the purpose by the States Parties to the Present Covenant.
(2) Each State Party to the Present Covenant may nominate not more than two
persons. These persons shall be nationals of the nominating State.
(3) A person shall be eligible for renomination.
Article 30
(1) The initial election shall be held no later than six months after the
date of entry into force of the present Covenant.
(2) At least four months before the date of each election to the Committee,
other than an election to fill a vacancy declared in accordance with article 34,
the Secretary-General of the United Nations shall address a written invitation
to the States Parties to the Present Covenant to submit their nominations for
membership of the Committee within three months.
(3) The Secretary-General of the United Nations shall prepare a list in
alphabetical order of all the persons thus nominated, with an indication of the
States Parties which have nominated them, and shall submit it to the States
Parties to the Present Covenant no later then one month before the date of each
election.
(4) Elections of the members of the Committee shall be held at a meeting of
the States Parties to the Present Covenant convened by the Secretary- General of
the United Nations at the Headquarters of the United Nations. At that meeting,
for which two thirds of the States Parties to the Present Covenant shall
constitute a quorum, the persons elected to the Committee shall be those
nominees who obtain the largest number of votes and an absolute majority of the
votes of the representatives of States Parties present and voting.
Article 31
(1) The Committee may not include more than one national of the same State.
(2) In the election of the Committee, consideration shall be given to
equitable geographical distribution of membership and to the representation of
the different forms of civilizations and of the principal legal systems.
Article 32
(1) The members of the Committee shall be elected for a term of four years.
They shall be eligible for re-election if renominated. However, the terms of
nine of the members elected at the first election shall expire at the end of two
years;immediately after the first election, the names of these nine members
shall be chosen by lot by the Chairman of the meeting referred to in article 30,
paragraph 4.
(2) Elections at the expiry of office shall be held in accordance with the
preceeding articles of this part of the present Covenant.
Article 33
(1) If, in the unanimous opinion of the other members of the Committee, a
member of the Committee has ceased to carry out his functions for any cause
other than absence of a temporary character, the Chairman of the Committee shall
notify the Secretary-General of the United Nations, who shall declare the seat
of that member to be vacant.
(2) In the event of the death or the resignation of a member of the
Committee, the Chairman shall immediately notify the Secretary-General of the
United Nations, who shall declare the seat vacant from the date of death or the
date on which the resignation takes effect.
Article 34
(1) When a vacancy is declared in accordance with article 33 and if the term
of office of the member to be replaced does not expire within six months of the
declaration of the vacancy, the Secretary-General of the United Nations shall
notify each of the States Parties to the Present Covenant, which may within two
months submit nominations in accordance with article 29 for the purpose of
filling the vacancy.
(2) The Secretary-General of the United Nations shall prepare a list in
alphabetical order of the persons thus nominated and shall submit it to the
States Parties to the Present Covenant. The election to fill the vacancy shall
then take place in accordance with the relevant provisions of this part of the
present Covenant.
(3) A member of the Committee elected to fill a vacancy declared in
accordance with article 33 shall hold office for the remainder of the term of
the members who vacated the seat on the Committee under the provisions of that
article.
Article 35
The members of the Committee shall, with the approval of the General Assembly
of the United Nations, receive emoluments from United Nations resources on such
terms and conditions as the General Assembly may decide, having regard to the
importance of the Committee's responsibility.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff
and facilities for the effective performance of the functions of the Committee
under the present Covenant.
Article 37
(1) The Secretary-General of the United Nations shall convene the initial
meeting of the Committee at the Headquarters of the United Nations.
(2) After its initial meeting, the Committee shall meet at such times as
shall be provided by its rules of procedure.
(3) The Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make a
solemn declaration in open committee that he will perform his functions
impartially and conscientiously.
Article 39
(1) The Committee shall elect its officers for a term of two years. They may
be re-elected.
(2) The Committee shall establish its own rules of procedure, but these rules
shall provide, inter alia, that:
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(a) Twelve members shall constitute a quorum;
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(b) Decisions of the Committee shall be made by a majority vote of the
members present.
Article 40
(1) The States Parties to the Present Covenant undertake to submit reports on
the measures they have adopted which give effect to the rights recognized herein
and on the progress made in the enjoyment of those rights:
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(a) Within one year of the entry into force of the present Covenant for
the States Parties concerned;
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(b) Thereafter whenever the Committee so requests.
(2) All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any, affecting the
implementation of the present Covenant.
(3) The Secretary-General of the United Nations may, after consultation with
the Committee, transmit to the specialized agencies concerned copies of such
parts of the reports as may fall within their field of competence.
(4) The Committee shall study the reports submitted by the States Parties to
the Present Covenant. It shall transmit its reports, and such general comments
as it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the copies
of the reports it has received from States Parties to the present Covenant.
(5) The States Parties to the Present Covenant may submit to the Committee
observations on any comments that may be made in accordance with paragraph 4 of
this article.
Article 41
(1) A State Party to the Present Covenant may at any time declare under this
article that it recognizes the competence of the Committee to receive and
consider communications to the effect that a State Party claims that another
State Party is not fulfilling its obligations under the present Covenant.
Communications under this article may be received and considered only if
submitted by a State Party which has made a declaration recognizing in regard to
itself the competence of the Committee. No communication shall be received by
the Committee if it concerns a State Party which has not made such a
declaration. Communications received under this article shall be dealt with in
accordance with the following procedure:
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(a) If a State Party to the Present Covenant considers that another State
Party is not giving effect to the provisions of the present Covenant, it
may, by written communication, bring the matter to the attention of that
State Party. Within three months after the receipt of the communication, the
receiving State shall afford the State which sent the communication an
explanation or any other statement in writing clarifying the matter, which
should include, to the extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the matter.
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(b) If the matter is not adjusted to the satisfaction of both States
Parties concerned 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 Committee, by notice given to the Committee and to the other
State.
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(c) The Committee shall deal with a matter referred to it only after it
has ascertained that all available domestic remedies have been invoked and
exhausted in the matter, in conformity with the generally recognized
principles of international law. This shall not be the rule where the
application of the remedies is unreasonably prolonged.
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(d) The Committee shall hold closed meetings when examining communications
under this article.
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(e) Subject to the provisions of sub-paragraph (c), the Committee shall
make available its good offices to the States Parties concerned with a view
to a friendly solution to the matter on the basis of respect for human
rights and fundamental freedoms as recognized under this article.
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(f) In any matter referred to it, the Committee may call upon the States
Parties concerned, referred to in sub-paragraph (b), to supply any relevant
information.
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(g) The States Parties concerned, referred to in sub-paragraph (b), shall
have the right to be represented when the matter is being considered in the
Committee and to make submissions orally and/or in writing.
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(h) The Committee shall, within twelve months after the date of receipt of
the notice under sub-paragraph (b), submit a report:
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(i) If a solution within the terms of sub-paragraph (e) is reached,
the Committee shall confine its report to a brief statement of the facts
and the solution reached;
-
(ii) If a solution within the terms of sub-paragraph (e) is not
reached, the Committee shall confine its report to a brief statement of
the facts; the written submission and record of the oral submission made
by the States Parties concerned shall be attached to the report. In
every matter, the report shall be communicated to the States Parties
concerned.
(2) The provisions of this article shall come into force when ten States Parties
to the Present Covenant have made declarations under paragraph 1 of this
article. Such declarations shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall not prejudice the
consideration of any matter which is the subject of a communication already
transmitted under the article; no further communication by any State Party shall
be received after the notification of withdrawal of the declaration has been
received by the Secretary- General, unless the State Party has made a new
declaration.
Article 42
(1)
(a) If a matter referred to the Committee in accordance with article 41 is
not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to as the
Commission). The good offices of the Commission shall be made available to
the States Parties concerned with a view to an amicable solution of the
matter on the basis of respect for the present Covenant;
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(b) The Commission shall consist of five persons acceptable to the States
Parties concerned. If the States Parties concerned fail to reach agreement
within three months on all or part of the composition of the Commission, the
members of the Commission concerning whom no agreement has been reached
shall be elected by secret ballot by a two-thirds majority vote of the
Committee from among its members.
(2) The members of the Commission shall serve in their personal capacity. They
shall not be nationals of the States Parties concerned, or of a State not party
to he present Covenant, or of a State Party which has not made a declaration
under article 41.
(3) The Commission shall elect its own Chairman and adopt its own rules of
procedure.
(4) The meetings of the Commission shall normally be held at the Headquarters
of the United Nations or at the United Nations Office at Geneva. However, they
may be held at such other convenient places as the Commission may determine in
consultation with the Secretary-General of the United Nations and the States
Parties concerned.
(5) The secretariat provided in accordance with article 36 shall also service
the Commission appointed under this article.
(6) The information received and collated by the Committee shall be made
available to the Commission and the Commission may call upon the States Parties
concerned to supply any other relevant information.
(7) When the Commission has fully considered the matter, but in any event not
later then twelve months after having been seized of the matter, it shall submit
to the Chairman of the Committee a report for communication to the States
Parties concerned:
-
(a) If the Commission is unable to complete its consideration of the
matter within twelve months, it shall confine its report to a brief
statement of the status of its consideration of the matter;
-
(b) If an amicable solution to the matter on the basis of respect for
human rights as recognized in the present Covenant is reached, the
Commission shall confine its report to a brief statement of the facts and of
the solution reached;
-
(c) If a solution within the terms of sub-paragraph (b) is not reached,
the Commission's report shall embody its findings on all questions of fact
relevant to the issues between the States Parties concerned, and its views
on the possibilities of an amicable solution of the matter. This report
shall also contain the written submissions and a record of the oral
submission made by the States Parties concerned;
-
(d) If the Commission's report is submitted under sub-paragraph (c), the
States Parties concerned shall, within three months of the receipt of the
report, notify the Chairman of the Committee whether or not they accept the
contents of the report of the Commission.
(8) The provisions of this article are without prejudice to the responsibilities
of the Committee under article 41.
(9) The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by the
Secretary-General of the United Nations.
(10) The Secretary-General of the United Nations shall be empowered to pay
the expenses of the members of the Commission, if necessary, before
reimbursement by the States Parties concerned, in accordance with paragraph 9 of
this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions
which may be appointed under article 42, shall be entitled to the facilities,
privileges and immunities of experts on mission for the United Nations as laid
down in the relevant sections of the Convention on the Privileges and Immunities
of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply
without prejudice to the procedures prescribed in the field of human rights by
or under the constituent instruments and conventions of the United Nations and
the specialized agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between
them.
Article 45
The Committee shall submit to the General Assembly of the United Nations,
through the Economic and Social Council, an annual report of its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing the
provisions of the Charter of the United Nations and of the constitutions of the
specialized agencies which define the respective responsibilities of the various
organs of the United Nations and of the specialized agencies in regard to the
matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the
inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART VI
Article 48
(1) The present Covenant is open for signature by any State Member of the
United Nations or member of any of its specialized agencies, by any State Party
to the Statute of the International Court of Justice, and by any other State
which has been invited by the General Assembly of the United nations to become
party to the present Covenant.
(2) The present Covenant is subject to ratification. Instruments of
ratification shall be deposited with the Secretary General of the United
Nations.
(3) The present Covenant shall be open to accession by any State referred to
in paragraph 1 of this article.
(4) Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
(5) The Secretary-General of the United Nations shall inform all States which
have signed this Covenant or acceded to it of the deposit of each instrument of
ratification or accession.
Article 49
(1) the present Covenant shall enter into force three months after the date
of the deposit with the Secretary-General of the United Nations of the thirty-
fifth instrument of ratification or instrument of accession.
(2) For each State ratifying the present Covenant or acceding to it after the
deposit of the thirty-fifth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after the
date of the deposit of its own instrument of ratification or instrument of
accession.
Article 50
The Provisions of the present Covenant shall extend to all parts of federal
States without any limitation or exceptions.
Article 51
(1) Any State Party to the present Covenant may propose an amendment and file
it with the Secretary-General of the United Nations. The Secretary-General of
the United Nations shall thereupon communicate any proposed amendments to the
States Parties to the present Covenant with a request that they notify him
whether they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that at least one third
of all States Parties favours such a conference, the Secretary-General shall
convene the conference under the auspices of the United Nations. Any amendments
adopted by a majority of the States Parties present and voting at the conference
shall be submitted to the General Assembly of the United Nations for approval.
(2) Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of
the States Parties to the present Covenant in accordance with their respective
constitutional processes.
(3) When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the
provisions of the present Covenant and earlier amendments which they have
accepted.
Article 52
Irrespective of the notifications made under article 48, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
paragraph 1 of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49
and the date of entry into force of any amendments under article 51.
Article 53
(1) The present Covenant, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the
United Nations.
(2) The Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in article 48.
Optional Protocol to International Covenant on Civil and
Political Rights
Adopted by General Assembly resolution 2200 A (XXI) of 16
December 1966
Entry into force 23 March 1976 in accordance with article 9
PREAMBLE
The States Parties to the present Covenant,
Considering that in order further to achieve the purposes of the Covenant on
Civil and Political Rights (hereinafter referred to as the Covenant) and the
implementations of its provisions it would be appropriate to enable the Human
Rights Committee set up in part IV of the Covenant (hereinafter referred to as
the Committee) to receive and consider, as provided in the present Protocol,
communications from individuals claiming to be victims of violations of any of
the rights set forth in the Covenant.
Have agreed as follows:
Article 1
A State Party to the Covenant that becomes a party to the present Protocol
recognizes the competence of the Committee to receive and consider
communications from individuals subject to its jurisdiction who claim to have
been victims of a violation by that State Party of any of the rights set forth
in the Covenant. No communication shall be received by the Committee if it
concerns a State Party to the Covenant which is not a party to the present
Protocol.
Article 2
Subject to the provisions of article 1, individuals who claim that any of
their rights enumerated in the Covenant have been violated and who have
exhausted all available domestic remedies may submit a written communication to
the Committee for consideration.
Article 3
The Committee shall consider inadmissible any communication under the present
Protocol which is anonymous, or which it considers to be an abuse of the right
of submission of such communications or to be incompatible with the provisions
of the Covenant.
Article 4
-
(1) Subject to the provisions of article 3, the Committee shall bring any
communications submitted to it under the present Protocol to the attention
of the State Party to the present Protocol alleged to be violating any
provisions of the Covenant.
-
(2) Within six months, the receiving State shall submit to the Committee
written explanations or statements clarifying the matter and the remedy, if
any, that may have been taken by that State.
Article 5
-
(1) The Committee shall consider communications received under the present
Protocol in the light of all written information made available to it by the
individual and by the State Party concerned.
-
(2) The Committee shall not consider any communication from an individual
unless it has ascertained that:
-
(a) The same matter is not being examined under another procedure of
international investigation or settlement;
-
(b) The individual has exhausted all domestic remedies. This shall not
be the rule where the applications of the remedies is unreasonably
prolonged.
-
(3) The Committee shall hold closed meetings when examining communications
under the present Protocol.
-
(4) The Committee shall forward its views to the State Party concerned and
the individual.
Article 6
The Committee shall include in its annual report under article 45 of the
Covenant a summary of its activities under the present Protocol.
Article 7
Pending the achievement of the objectives of resolution 1514 (XV) adopted by
the General Assembly of the United Nations on 14 December 1960 concerning the
Declaration on the Granting of Independence to Colonial Countries and Peoples,
the provisions of the present Protocol shall in no way limit the right of
petition granted to these peoples by the Charter of the United Nations and other
international conventions and instruments under the United Nations and its
specialized agencies.
Article 8
-
(1) The present Covenant is open for signature by any State which has
signed the Covenant.
-
(2) The present Protocol is subject to ratification by any State which has
ratified or acceded to the Covenant. Instruments of ratification shall be
deposited with the Secretary General of the United Nations.
-
(3) The present Protocol shall be open to accession by any State which has
ratified or acceded to the Covenant.
-
(4) Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United Nations.
-
(5) The Secretary-General of the United Nations shall inform all States
which have signed the present Protocol or acceded to it of the deposit of
each instrument of ratification or accession.
Article 9
-
(1) Subject to the entry into force of the Covenant, the present Protocol
shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the tenth instrument of
ratification or instrument of accession.
-
(2) For each State ratifying the present Protocol or acceding to it after
the deposit of the tenth instrument of ratification or instrument of
accession, the present Covenant shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument
of accession.
Article 10
The provisions of the present Protocol shall extend to all parts of federal
States without limitations or expectations.
Article 11
-
(1) Any State Party to the present Protocol may propose an amendment and
file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate any
proposed amendments to the States Parties to the present Protocol with a
request that they notify him whether they favour a conference of States
Parties for the purpose of considering and voting upon the proposals. In the
event that at least one third of all States Parties favours such a
conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendments adopted by a majority of the
States Parties present and voting at the conference shall be submitted to
the General Assembly of the United Nations for approval.
-
(2) Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority
of the States Parties to the present Protocol in accordance with their
respective constitutional processes.
-
(3) When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by
the provisions of the present Protocol and earlier amendments which they
have accepted.
Article 12
-
(1) Any State Party may denounce the present Protocol at any time by
written notification addressed to the Secretary-General of the United
Nations. Denunciation shall take effect three months after the date of
receipt of the notification by the Secretary-General.
-
(2) Denunciation shall be without prejudice to the continued application
of the provisions of the present Protocol to any communication submitted
under article 3 before the effective date of the denunciation.
Article 13
Irrespective of the notifications made under article 8, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
article 48, paragraph 1 of the Covenant of the following particulars:
-
(a) Signatures, ratifications and accessions under article 8;
-
(b) The date of the entry into force of the present Protocol under article
9 and the date of entry into force of any amendments under article 11;
-
(c) Denunciation under article 12.
Article 14
(1) The present Protocol, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited in the archives of the
United Nations.
(2) The Secretary-General of the United Nations shall transmit certified
copies of the present Protocol to all States referred to in article 48 of the
Covenant.
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