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
Preamble
The States
Parties to the present Covenant,
Considering that, in
accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of
all members of the human family is the foundation of freedom, justice and peace
in the world,
Recognizing that these
rights derive from the inherent dignity of the human person,
Recognizing that, in
accordance with the Universal Declaration of Human Rights, the ideal of free
human beings enjoying civil and political freedom and freedom from fear and
want can only be achieved if conditions are created whereby everyone may enjoy
his civil and political rights, as well as his economic, social and cultural
rights,
Considering the
obligation of States under the Charter of the United Nations to promote
universal respect for, and observance of, human rights and freedoms,
Realizing that the
individual, having duties to other individuals and to the community to which he
belongs, is under a responsibility to strive for the promotion and observance
of the rights recognized in the present Covenant,
Agree upon the following
articles:
PART I
Article 1
1. All
peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic,
social and cultural development.
2. All peoples may, for
their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to
the present Covenant, including those having responsibility for the administration
of Non-Self-Governing and Trust Territories, shall promote the realization of
the right of self-determination, and shall respect that right, in conformity
with the provisions of the Charter of the United Nations.
PART II
Article 2
General
comment on its implementation
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
General
comment on its implementation
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.
General
comment on its implementation
Article
4
General
comment on its implementation
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.
General
comment on its implementation
Article
5
1.
Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act aimed at
the destruction of any of the rights and freedoms recognized herein or at their
limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no
restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to
law, conventions, regulations or custom on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a lesser
extent.
PART III
Article 6 
General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 
General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
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 General
comment on its implementation
In those
States in which ethnic, religious or linguistic minorities exist, persons
belonging to such minorities shall not be denied the right, in community with
the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
PART IV
Article 28
1. There
shall be established a Human Rights Committee (hereafter referred to in the
present Covenant as the Committee). It shall consist of eighteen members and
shall carry out the functions hereinafter provided.
2. The Committee shall be
composed of nationals of the States Parties to the present Covenant who shall
be persons of high moral character and recognized competence in the field of
human rights, consideration being given to the usefulness of the participation of
some persons having legal experience.
3. The members of the
Committee shall be elected and shall serve in their personal capacity.
Article
29
1 .
The members of the Committee shall be elected by secret ballot from a list of
persons possessing the qualifications prescribed in article 28 and nominated
for the purpose by the States Parties to the present Covenant.
2. Each State Party to
the present Covenant may nominate not more than two persons. These persons
shall be nationals of the nominating State.
3. A person shall be
eligible for renomination.
Article
30
1. The
initial election shall be held no later than six months after the date of the
entry into force of the present Covenant.
2. At least four months
before the date of each election to the Committee, other than an election to
fill a vacancy declared in accordance with article 34, the Secretary-General of
the United Nations shall address a written invitation to the States Parties to
the present Covenant to submit their nominations for membership of the
Committee within three months.
3. The Secretary-General
of the United Nations shall prepare a list in alphabetical order of all the
persons thus nominated, with an indication of the States Parties which have
nominated them, and shall submit it to the States Parties to the present
Covenant no later than one month before the date of each election.
4. Elections of the
members of the Committee shall be held at a meeting of the States Parties to
the present Covenant convened by the Secretary General of the United Nations at
the Headquarters of the United Nations. At that meeting, for which two thirds
of the States Parties to the present Covenant shall constitute a quorum, the
persons elected to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
Article
31
1. The
Committee may not include more than one national of the same State.
2. In the election of the
Committee, consideration shall be given to equitable geographical distribution
of membership and to the representation of the different forms of civilization
and of the principal legal systems.
Article
32
1. The
members of the Committee shall be elected for a term of four years. They shall
be eligible for re-election if renominated. However,
the terms of nine of the members elected at the first election shall expire at
the end of two years; immediately after the first election, the names of these
nine members shall be chosen by lot by the Chairman of the meeting referred to
in article 30, paragraph 4.
2. Elections at the
expiry of office shall be held in accordance with the preceding articles of
this part of the present Covenant.
Article
33
1. If, in
the unanimous opinion of the other members, a member of the Committee has
ceased to carry out his functions for any cause other than absence of a
temporary character, the Chairman of the Committee shall notify the
Secretary-General of the United Nations, who shall then declare the seat of
that member to be vacant.
2. In the event of the
death or the resignation of a member of the Committee, the Chairman shall
immediately notify the Secretary-General of the United Nations, who shall
declare the seat vacant from the date of death or the date on which the
resignation takes effect.
Article
34
1. When a
vacancy is declared in accordance with article 33 and if the term of office of
the member to be replaced does not expire within six months of the declaration
of the vacancy, the Secretary-General of the United Nations shall notify each
of the States Parties to the present Covenant, which may within two months
submit nominations in accordance with article 29 for the purpose of filling the
vacancy.
2. The Secretary-General
of the United Nations shall prepare a list in alphabetical order of the persons
thus nominated and shall submit it to the States Parties to the present
Covenant. The election to fill the vacancy shall then take place in accordance
with the relevant provisions of this part of the present Covenant.
3. A member of the
Committee elected to fill a vacancy declared in accordance with article 33
shall hold office for the remainder of the term of the member who vacated the
seat on the Committee under the provisions of that article.
Article
35
The
members of the Committee shall, with the approval of the General Assembly of
the United Nations, receive emoluments from United Nations resources on such
terms and conditions as the General Assembly may decide, having regard to the
importance of the Committee's responsibilities.
Article
36
The
Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee
under the present Covenant.
Article
37
1. The
Secretary-General of the United Nations shall convene the initial meeting of
the Committee at the Headquarters of the United Nations.
2. After its initial
meeting, the Committee shall meet at such times as shall be provided in its
rules of procedure.
3. The Committee shall
normally meet at the Headquarters of the United Nations or at the United
Nations Office at Geneva.
Article
38
Every
member of the Committee shall, before taking up his duties, make a solemn
declaration in open committee that he will perform his functions impartially
and conscientiously.
Article
39
1. The
Committee shall elect its officers for a term of two years. They may be
re-elected.
2. The Committee shall
establish its own rules of procedure, but these rules shall provide, inter alia, that:
(a)
Twelve members shall constitute a quorum;
(b) Decisions of the
Committee shall be made by a majority vote of the members present.
Article
40
1. The
States Parties to the present Covenant undertake to submit reports on the
measures they have adopted which give effect to the rights recognized herein
and on the progress made in the enjoyment of those rights:
(a)
Within one year of the entry into force of the present Covenant for the States
Parties concerned;
(b) Thereafter whenever the
Committee so requests.
2. All
reports shall be submitted to the Secretary-General of the United Nations, who
shall transmit them to the Committee for consideration. Reports shall indicate
the factors and difficulties, if any, affecting the implementation of the
present Covenant.
3. The Secretary-General
of the United Nations may, after consultation with the Committee, transmit to
the specialized agencies concerned copies of such parts of the reports as may
fall within their field of competence.
4. The Committee shall
study the reports submitted by the States Parties to the present Covenant. It
shall transmit its reports, and such general comments as it may consider
appropriate, to the States Parties. The Committee may also transmit to the
Economic and Social Council these comments along with the copies of the reports
it has received from States Parties to the present Covenant.
5. The States Parties to
the present Covenant may submit to the Committee observations on any comments
that may be made in accordance with paragraph 4 of this article.
Article
41 General
comment on its implementation
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.
PART V
Article 46 .
Nothing
in the present Covenant shall be interpreted as impairing the provisions of the
Charter of the United Nations and of the constitutions of the specialized agencies
which define the respective responsibilities of the various organs of the
United Nations and of the specialized agencies in regard to the matters dealt
with in the present Covenant.
Article
47
Nothing
in the present Covenant shall be interpreted as impairing the inherent right of
all peoples to enjoy and utilize fully and freely their natural wealth and
resources.
PART
VI
Article 48
1. The
present Covenant is open for signature by any State Member of the United
Nations or member of any of its specialized agencies, by any State Party to the
Statute of the International Court of Justice, and by any other State which has
been invited by the General Assembly of the United Nations to become a Party to
the present Covenant.
2. The present Covenant
is subject to ratification. Instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
3. The present Covenant
shall be open to accession by any State referred to in paragraph 1 of this
article.
4. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
5. The Secretary-General
of the United Nations shall inform all States which have signed this Covenant
or acceded to it of the deposit of each instrument of ratification or
accession.
Article
49
1. The
present Covenant shall enter into force three months after the date of the
deposit with the Secretary-General of the United Nations of the thirty-fifth
instrument of ratification or instrument of accession.
2. For each State
ratifying the present Covenant or acceding to it after the deposit of the
thirty-fifth instrument of ratification or instrument of accession, the present
Covenant shall enter into force three months after the date of the deposit of
its own instrument of ratification or instrument of accession.
Article
50
The
provisions of the present Covenant shall extend to all parts of federal States
without any limitations or exceptions.
Article
51
1. Any
State Party to the present Covenant may propose an amendment and file it with
the Secretary-General of the United Nations. The Secretary-General of the
United Nations shall thereupon communicate any proposed amendments to the
States Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that at
least one third of the States Parties favours such a
conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the
States Parties present and voting at the conference shall be submitted to the
General Assembly of the United Nations for approval.
2. Amendments shall come
into force when they have been approved by the General Assembly of the United
Nations and accepted by a two-thirds majority of the States Parties to the
present Covenant in accordance with their respective constitutional processes.
3. When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the
provisions of the present Covenant and any earlier amendment which they have
accepted.
Article
52
Irrespective
of the notifications made under article 48, paragraph 5, the Secretary-General
of the United Nations shall inform all States referred to in paragraph 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.
