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Treaties and Agreements
The United Nations
International Covenant On Civil And Political Rights
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 1
Article 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.
- 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.
PART II
Article 2
- 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.
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
- 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.
Article 5
- 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.
PART III
Article 6
- 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.
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
- 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.
Article 9
- 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.
Article 10
- 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.
Article 11
No one shall be imprisoned merely on the ground of
inability to fulfill a contractual obligation.
Article 12
- 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.
Article 13
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.
Article 14
- 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.
Article 16
Everyone shall have the right to recognition everywhere
as a person before the law.
Article 17
- 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.
Article 18
- 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.
Article 19
- 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.
Article 20
- 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.
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
- 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.
Article 23
- 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.
Article 24
- 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.
Article 25
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.
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 practice their own religion, or to use their own
language.
PART IV
Article 28
- 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.
Article 29
- 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.
Article 30
- 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.
Article 31
- 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.
Article 32
- 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.
Article 33
- 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.
Article 34
- 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.
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
- 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.
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
- 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.
Article 40
- 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.
Article 41
- 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.
Article 42
-
- 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.
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 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
- 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.
Article 49
- 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.
Article 50
The provisions of the present Covenant shall extend to
all parts of federal States without any limitations or exceptions.
Article 51
- 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.
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:
- 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.
Article 53
- 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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