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INTERNATIONAL
COVENANT ON CIVIL
AND POLITICAL RIGHTS
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- Each State Party to the present Covenant
undertakes:
- 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;
to ensure that any person
claiming such a remedy shall have his rights 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;
- To ensure that the competent
authorities shall enforce such remedies when granted.
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.
- 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.
- No derogation from articles 6, 7,
8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under
this provision.
- 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.
- 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.
- 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.
- 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.
- 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 judgment
rendered by a competent court.
- 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.
- 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.
- 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.
- 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.
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.
- No one shall be held in slavery; slavery
and the slave-trade in all their forms shall be prohibited.
- No one shall be held in servitude.
-
- No one shall be required to
perform forced or compulsory labour;
- 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;
- For the purpose of this paragraph
the term "forced or compulsory labour" shall not include:
- 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;
- Any service of a military
character and, in countries where conscientious objection
is recognized, any national service required by law
of conscientious objectors;
- Any service exacted in
cases of emergency or calamity threatening the life
or well-being of the community;
- Any work or service which
forms part of normal civil obligations.
- 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.
- 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.
- 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 judgment.
- 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.
- Anyone who has been the victim of
unlawful arrest or detention shall have an enforceable right
to compensation.
- All persons deprived of their liberty
shall be treated with humanity and with respect for the inherent
dignity of the human person.
-
- 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;
- Accused juvenile persons shall
be separated from adults and brought as speedily as possible
for adjudication.
- 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.
No one shall be imprisoned merely on the ground of inability to
fulfill a contractual obligation.
- 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.
- Everyone shall be free to leave any
country, including his own.
- 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.
- No one shall be arbitrarily deprived
of the right to enter his own country.
An alien lawfully in the territory of a State Party to the present
Covenant may 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.
- 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 judgment 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.
- Everyone charged with a criminal
offence shall have the right to be presumed innocent until proved
guilty according to law.
- In the determination of any criminal
charge against him, everyone shall be entitled to the following
minimum guarantees, in full equality:
- To be informed promptly and
in detail in a language which he understands of the nature
and cause of the charge against him;
- To have adequate time and facilities
for the preparation of his defence and to communicate with
counsel of his own choosing;
- To be tried without undue delay;
- 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;
- 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;
- To have the free assistance
of an interpreter if he cannot understand or speak the language
used in court;
- Not to be compelled to testify
against himself or to confess guilt.
- 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.
- Everyone convicted of a crime shall
have the right to his conviction and sentence being reviewed
by a higher tribunal according to law.
- 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.
- 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
- 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.
- 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.
Everyone shall have the right to recognition everywhere as a person
before the law.
- 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.
- Everyone has the right to the protection
of the law against such interference or attacks.
- 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.
- No one shall be subject to coercion
which would impair his freedom to have or to adopt a religion
or belief of his choice.
- 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.
- 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.
- Everyone shall have the right to
hold opinions without interference.
- 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.
- 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:
- For respect of the rights or
reputations of others;
- For the protection of national
security or of public order (ordre public), or of public
health or morals.
- Any propaganda for war shall be prohibited
by law.
- Any advocacy of national, racial
or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law.
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.
- 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.
- 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.
- 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.
- The family is the natural and fundamental
group unit of society and is entitled to protection by society
and the State.
- The right of men and women of marriageable
age to marry and to found a family shall be recognized.
- No marriage shall be entered into
without the free and full consent of the intending spouses.
- States Parties to the present Covenant
shall take appropriate steps to ensure equally 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.
- 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.
- Every child shall be registered immediately
after birth and shall have a name.
- Every child has the right to acquire
a nationality.
Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
- To take part in the conduct of public
affairs, directly or through freely chosen representatives;
- 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;
- To have access, on general terms
of equality, to public service in his country.
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.
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 practice their own religion,
or to use their own language.
- 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.
- 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.
- The members of the Committee shall
be elected and shall serve in their personal capacity.
- 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.
- Each State Party to the present Covenant
may nominate not more than two persons. These persons shall
be nationals of the nominating State.
- A person shall be eligible for renomination.
- The initial election shall be held
no later than six months after the date of the entry into force
of the present Covenant.
- 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.
- 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.
- 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.
- The Committee may not include more
than one national of the same State.
- 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.
- 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.
- Elections at the expiry of office
shall be held in accordance with the preceding articles of this
part of the present Covenant.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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.
- The Secretary-General of the United
Nations shall convene the initial meeting of the Committee at
the Headquarters of the United Nations.
- After its initial meeting, the Committee
shall meet at such time as shall be provided in its rules of
procedure.
- The Committee shall normally meet
at the Headquarters of the United Nations or at the United Nations
Office at Geneva.
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.
- The Committee shall elect its officers
for a term of two years. They may be re-elected.
- The Committee shall establish its
own rules of procedure, but these rules shall provide, inter
alia, that:
- Twelve members shall constitute
a quorum;
- Decisions of the committee
shall be made by a majority vote of the members present.
- 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:
- Within one year of the entry
into force of the present Covenant for the States Parties
concerned;
- Thereafter whenever the Committee
so requests.
- 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.
- 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.
- 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.
- 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.
- 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:
- 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.
- If the matter in 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.
- 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.
- The Committee shall hold closed
meetings when examining communications under this article.
- 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.
- 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.
- 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.
- The Committee shall, within
twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
- 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;
- 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.
- 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 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.
-
- 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;
- 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.
- 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.
- The Commission shall elect its own
Chairman and adopt its own rules of procedure.
- 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.
- The secretariat provided in accordance
with article 36 shall also service the commissions appointed
under this article.
- 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.
- 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:
- 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.
- 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;
- 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;
- 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.
- The provisions of this article are
without prejudice to the responsibilities of the Committee under
article 41.
- 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.
- 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.
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.
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.
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social council, an annual report
on its activities.
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 specialized agencies
in regard to the matters dealt with in the present Covenant.
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.
- 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.
- The present Covenant is subject to
ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations.
- The present Covenant shall be open
to accession by any State referred to in paragraph 1 of this
article.
- Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General
of the United Nations.
- 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.
- 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.
- 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.
The provisions of the present Covenant shall extend to all parts
of federal States without any limitations or exceptions.
- 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 on 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.
- 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
State Parties to the present Covenant in accordance with their
respective constitutional processes.
- 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.
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:
- Signatures, ratifications and accessions
under article 48;
- 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.
- 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.
- The Secretary-General of the United
Nations shall transmit certified copies of the present Covenant
to all States referred to in article 48.
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