| 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 General comment on its implementation
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 maybe made under this provision.
3. Any State Party to the present Covenant
availing itself of the right of derogation shall
immediately inform the other States Parties
to the present Covenant, through the
intermediary of the Secretary-General of the
United Nations, of the provisions from which it
has derogated and of the reasons by which
it was actuated. A further communication shall
be made, through the same intermediary, on
the date on which it terminates such
derogation.
Article 5
1. Nothing in the present Covenant may be interpreted
as implying for any State, group or
person any right to engage in any activity
or perform any act aimed at the destruction of
any of the rights and freedoms recognized
herein or at their limitation to a greater extent
than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation
from any of the fundamental human
rights recognized or existing in any State
Party to the present Covenant pursuant to law,
conventions, regulations or custom on the
pretext that the present Covenant does not
recognize such rights or that it recognizes
them to a lesser extent.
PART III
Article 6 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. |