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.
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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.
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Article 9
1. Everyone has the right to liberty and security
of person. No one shall be subjected to arbitrary arrest or detention.
No one shall be deprived of his liberty except on such grounds and
in accordance with such procedure as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest,
of the reasons for his arrest and shall be promptly informed of
any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable
time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution
of the judgement.
4. Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order that
court may decide without delay on the lawfulness of his detention
and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention
shall have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall
be treated with humanity and with respect for the inherent dignity
of the human person.
2.
(a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and shall be
subject to separate treatment appropriate to their status as unconvicted
persons;
(b) Accused juvenile persons shall be separated
from adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners
the essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground
of inability to fulfill 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
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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.
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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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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