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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 to 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 for 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, property, 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:
(a) To ensure that any person whose
rights or freedoms as herein recognized are violated shall have
an effective remedy, notwithstanding that the violation has been
committed by persons acting in an official capacity;
(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;
(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 right 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 of 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 be imposed only 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 may 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, inhuman 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 the 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;
(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;
(c) For the purpose of this paragraph
the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred
to in subparagraph (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;
(ii) Any service of a military
character and, in countries where conscientious objection is recognized,
any national service required by law of conscientious objectors;
(iii) Any service exacted in cases
of emergency or calamity threatening the life or well-being of
the community;
(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;
(b) Accused juvenile persons shall
be separated from adults and brought as speedily as possible for
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 be accorded treatment appropriate
to their age and legal status.
Article 11
No one shall be imprisoned merely
on the ground of inability to fulfil 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 law and
shall, except where compelling reasons of national security otherwise
require, be allowed to submit the 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
the courts and tribunals. In the determination of any criminal charge
against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The press
and the public may be excluded from all or part of a 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 at 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
offence shall have the right to be presumed innocent until proved
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:
(a) To be informed promptly and
in detail in a language which he understands of the nature and
cause of the charge against him;
(b) To have adequate time and facilities
for the preparation of his defence and to communicate with counsel
of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence,
and to defend himself in person or through legal assistance of
his own choosing; to be informed, if he does not have legal assistance,
of this right; and to have legal assistance assigned to him, in
any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient
means to pay for it;
(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;
(f) To have the free assistance
of an interpreter if he cannot understand or speak the language
used in court;
(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 a final decision
been convicted of a criminal offence 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 in time is wholly or partly 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 the
lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall
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 honour 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 freedom to have or to 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 to 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 only be such as are provided by law and are necessary:
(a) For respect of the rights or
reputations of others;
(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. Any 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 than 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 right.
3. Nothing in this article shall
authorize States Parties to the International Labour Organisation
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 any children.
Article 24
1. Every child shall have, without
any discrimination as to race, colour, sex, language, religion,
national or social origin, property or birth, the right to such
measures of 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 of 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 the
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 shall 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 the 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 than 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
civilization 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 preceding articles of this
part of the present Covenant.
Article 33
1. If, in the unanimous opinion of
the other members, 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 then 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 member 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 responsibilities.
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 in 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:
(a) Twelve members shall constitute
a quorum;
(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:
(a) Within one year of the entry
into force of the present Covenant for the States Parties concerned;
(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:
(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;
(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;
(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;
(d) The Committee shall hold closed
meetings when examining communications under this article;
(e) Subject to the provisions of
subparagraph (c), the Committee shall make available its good
offices to the States Parties concerned with a view to a friendly
solution of the matter on the basis of respect for human rights
and fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it,
the Committee may call upon the States Parties concerned, referred
to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned,
referred to in subparagraph (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;
(h) The Committee shall, within
twelve months after the date of receipt of notice under subparagraph
(b), submit a report:
(i) If a solution within the
terms of subparagraph (e) is reached, the Committee shall confine
its report to a brief statement of the facts and of the solution
reached;
(ii) If a solution within the
terms of subparagraph (e) is not reached, the Committee shall
confine its report to a brief statement of the facts; the written
submissions and record of the oral submissions 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 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 this 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 concerned 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;
(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 the
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 commissions 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 than 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 subparagraph (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 submissions
made by the States Parties concerned;
(d) If the Commission's report
is submitted under subparagraph (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 the conventions of the United Nations and of 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 on 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 a 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 limitations 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 the States Parties favours such a conference,
the Secretary-General shall convene the conference under the auspices
of the United Nations. Any amendment 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 any earlier amendment 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
the 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 the International Covenant on Civil and Political Rights
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