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International
Covenant on Civil and Political Rights
Adopted
and opened for signature, ratification and accession by General Assembly
resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
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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:
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.
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 laws 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 I 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.
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 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.
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 I 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 tie 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.
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.
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 I 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.
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