International Covenant on Civil and Political Rights
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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
1.
Each State Party to the present Covenant undertakes to respect and to
ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth
or other status. 2. Where not already provided for
by existing legislative or other measures, each State Party to the
present Covenant undertakes to take the necessary steps, in accordance
with its constitutional processes and with the provisions of the
present Covenant, to adopt such laws or other measures as may be
necessary to give effect to the rights recognized in the present
Covenant. 3. Each State Party to the present Covenant undertakes:
(a)
To ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;
(b) To ensure that any person
claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of the
State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
The
States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political
rights set forth in the present Covenant.
Article 4
1
. In time of public emergency which threatens the life of the nation
and the existence of which is officially proclaimed, the States Parties
to the present Covenant may take measures derogating from their
obligations under the present Covenant to the extent strictly required
by the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and
do not involve discrimination solely on the ground of race, colour,
sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3.
Any State Party to the present Covenant availing itself of the right of
derogation shall immediately inform the other States Parties to the
present Covenant, through the intermediary of the Secretary-General of
the United Nations, of the provisions from which it has derogated and
of the reasons by which it was actuated. A further communication shall
be made, through the same intermediary, on the date on which it
terminates such derogation.
Article 5
1.
Nothing in the present Covenant may be interpreted as implying for any
State, group or person any right to engage in any activity or perform
any act aimed at the destruction of any of the rights and freedoms
recognized herein or at their limitation to a greater extent than is
provided for in the present Covenant.
2.
There shall be no restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to
the present Covenant pursuant to law, conventions, regulations or
custom on the pretext that the present Covenant does not recognize such
rights or that it recognizes them to a lesser extent.
PART III
Article 6
1.
Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.
2.
In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and
not contrary to the provisions of the present Covenant and to the
Convention on the Prevention and Punishment of the Crime of Genocide.
This penalty can only be carried out pursuant to a final judgement
rendered by a competent court. 3. When deprivation of life constitutes the crime of
genocide, it is understood that nothing in this article shall authorize
any State Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to
seek pardon or commutation of the sentence. Amnesty, pardon or
commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes
committed by persons below eighteen years of age and shall not be
carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or
to prevent the abolition of capital punishment by any State Party to
the present Covenant.
Article 7
No
one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected
without his free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b)
Paragraph 3 (a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to
such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i)
Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a lawful
order of a court, or of a person during conditional release from such
detention; (ii) Any service of a military character and, in
countries where conscientious objection is recognized, any national
service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
1.
Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived
of his liberty except on such grounds and in accordance with such
procedure as are established by law.
2. Anyone who is
arrested shall be informed, at the time of arrest, of the reasons for
his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge
shall be brought promptly before a judge or other officer authorized by
law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for execution of the
judgement. 4. Anyone who is deprived of his liberty by arrest or
detention shall be entitled to take proceedings before a court, in
order that that court may decide without delay on the lawfulness of his
detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article 10
1.
All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save
in exceptional circumstances, be segregated from convicted persons and
shall be subject to separate treatment appropriate to their status as
unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3.
The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults and
be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12
1.
Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose
his residence.
2. Everyone shall be free to leave any country, including his own.
3.
The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect
national security, public order (ordre public), public health or morals
or the rights and freedoms of others, and are consistent with the other
rights recognized in the present Covenant. 4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An
alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision
reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit
the reasons against his expulsion and to have his case reviewed by, and
be represented for the purpose before, the competent authority or a
person or persons especially designated by the competent authority.
Article 14
1.
All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and
public hearing by a competent, independent and impartial tribunal
established by law. The press and the public may be excluded from all
or part of a trial for reasons of morals, public order (ordre public)
or national security in a democratic society, or when the interest of
the private lives of the parties so requires, or to the extent strictly
necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any judgement
rendered in a criminal case or in a suit at law shall be made public
except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of
children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3.
In the determination of any criminal charge against him, everyone shall
be entitled to the following minimum guarantees, in full equality: (a)
To be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d)
To be tried in his presence, and to defend himself in person or through
legal assistance of his own choosing; to be informed, if he does not
have legal assistance, of this right; and to have legal assistance
assigned to him, in any case where the interests of justice so require,
and without payment by him in any such case if he does not have
sufficient means to pay for it; (e) To examine, or have examined, the witnesses against
him and to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will
take account of their age and the desirability of promoting their
rehabilitation. 5. Everyone convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal according
to law. 6. When a person has by a final decision been convicted
of a criminal offence and when subsequently his conviction has been
reversed or he has been pardoned on the ground that a new or newly
discovered fact shows conclusively that there has been a miscarriage of
justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law, unless it is proved
that the non-disclosure of the unknown fact in time is wholly or partly
attributable to him. 7. No one shall be liable to be tried or punished again
for an offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of each
country.
Article 15
1
. No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal offence, under
national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that was applicable at
the time when the criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the imposition
of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the
trial and punishment of any person for any act or omission which, at
the time when it was committed, was criminal according to the general
principles of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17
1.
No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.
Article 18
1.
Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a
religion or belief of his choice, and freedom, either individually or
in community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3.
Freedom to manifest one's religion or beliefs may be subject only to
such limitations as are prescribed by law and are necessary to protect
public safety, order, health, or morals or the fundamental rights and
freedoms of others.
4. The States Parties to the
present Covenant undertake to have respect for the liberty of parents
and, when applicable, legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without interference.
2.
Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas
of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph
2 of this article carries with it special duties and responsibilities.
It may therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2.
Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited
by law.
Article 21
The
right of peaceful assembly shall be recognized. No restrictions may be
placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society
in the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
Article 22
1.
Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of
his interests.
2. No restrictions may be placed on the exercise
of this right other than those which are prescribed by law and which
are necessary in a democratic society in the interests of national
security or public safety, public order (ordre public), the protection
of public health or morals or the protection of the rights and freedoms
of others. This article shall not prevent the imposition of lawful
restrictions on members of the armed forces and of the police in their
exercise of this right. 3. Nothing in this article shall authorize States
Parties to the International Labour Organisation Convention of 1948
concerning Freedom of Association and Protection of the Right to
Organize to take legislative measures which would prejudice, or to
apply the law in such a manner as to prejudice, the guarantees provided
for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4.
States Parties to the present Covenant shall take appropriate steps to
ensure equality of rights and responsibilities of spouses as to
marriage, during marriage and at its dissolution. In the case of
dissolution, provision shall be made for the necessary protection of
any children.
Article 24
1. Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property or
birth, the right to such measures of protection as are required by his
status as a minor, on the part of his family, society and the State. 2. Every child shall be registered immediately after birth and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every
citizen shall have the right and the opportunity, without any of the
distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;
(b)
To vote and to be elected at genuine periodic elections which shall be
by universal and equal suffrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality, to public service in his country.
Article 26
All
persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the
law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the
right, in community with the other members of their group, to enjoy
their own culture, to profess and practise their own religion, or to
use their own language.
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
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
1.
Irrespective of the notifications made under article 48, paragraph 5,
the Secretary-General of the United Nations shall inform all States
referred to in paragraph I of the same article of the following
particulars: (a) Signatures, ratifications and accessions under article 48;
(b)
The date of the entry into force of the present Covenant under article
49 and the date of the entry into force of any amendments under article
51.
Article 53
1.
The present Covenant, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United Nations
shall transmit certified copies of the present Covenant to all States
referred to in article 48.
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