|
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:
Article 1.
- All peoples have the right of self-determination. By virtue of that
right they freely determine their political status and freely pursue
their economic, social and cultural development.
- All peoples may, for their own ends, freely dispose of
their natural wealth and resources without prejudice to any obligations
arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a
people be deprived of its own means of subsistence.
- The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-Governing and
Trust Territories, shall promote the realization of the right of
self-determination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations.
Article 2
- Each State Party to the present Covenant undertakes to respect and
to ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth
or other status.
- Where not already provided for by existing legislative or
other measures, each State Party to the present Covenant undertakes to
take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such
laws or other measures as may be necessary to give effect to the rights
recognized in the present Covenant.
- Each State Party to the present Covenant undertakes:
- To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
- To ensure that any person claiming such a remedy shall have
his 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;
- To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political
rights set forth in the present Covenant.
Article 4
- In time of public emergency which threatens the life of the nation
and the existence of which is officially proclaimed, the States Parties
to the present Covenant may take measures derogating from their
obligations under the present Covenant to the extent strictly required
by the exigencies of the situation, provided that such measures are not
inconsistent with their other obligations under international law and do
not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
- No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
- Any State Party to the present Covenant availing itself of
the right of derogation shall immediately inform the other States
Parties to the present Covenant, through the intermediary of the
Secretary-General of the United Nations, of the provisions from which it
has derogated and of the reasons by which it was actuated. A further
communication shall be made, through the same intermediary, on the date
on which it terminates such derogation.
Article 5
- Nothing in the present Covenant may be interpreted as implying for
any State, group or person any right to engage in any activity or
perform any act aimed at the destruction of any of the rights and
freedoms recognized herein or at their limitation to a greater extent
than is provided for in the present Covenant.
- There shall be no restriction upon or derogation from any
of the fundamental human rights recognized or existing in any State
Party to the present Covenant pursuant to law, conventions, regulations
or custom on the pretext that the present Covenant does not recognize
such rights or that it recognizes them to a lesser extent.
Article 6
- Every human being has the inherent right to life. This right shall
be protected by law. No one shall be arbitrarily deprived of his life.
- In countries which have not abolished the death penalty,
sentence of death may be imposed only for the most serious crimes in
accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present Covenant and to
the Convention on the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a final
judgement rendered by a competent court.
- When deprivation of life constitutes the crime of genocide,
it is understood that nothing in this article shall authorize any State
Party to the present Covenant to derogate in any way from any
obligation assumed under the provisions of the Convention on the
Prevention and Punishment of the Crime of Genocide.
- Anyone sentenced to death shall have the right to seek
pardon or commutation of the sentence. Amnesty, pardon or commutation of
the sentence of death may be granted in all cases.
- Sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age and shall not be carried out on
pregnant women.
- Nothing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party to the
present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected
without his free consent to medical or scientific experimentation.
Article 8
- No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
- No one shall be held in servitude.
-
- No one shall be required to perform forced or compulsory labour;
- Paragraph 3 (a) shall not be held to preclude, in countries
where imprisonment with hard labour may be imposed as a punishment for a
crime, the performance of hard labour in pursuance of a sentence to
such punishment by a competent court;
- For the purpose of this paragraph the term "forced or compulsory labour" shall not include:
- Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a lawful
order of a court, or of a person during conditional release from such
detention;
- Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by
law of conscientious objectors;
- Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;
- Any work or service which forms part of normal civil obligations.
Article 9
- Everyone has the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his liberty except on such grounds and in accordance with
such procedure as are established by law.
- Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly informed of
any charges against him.
- Anyone arrested or detained on a criminal charge shall be
brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for execution of the
judgement.
- 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.
- Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
Article 10
- All persons deprived of their liberty shall be treated with humanity
and with respect for the inherent dignity of the human person.
-
- Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
- Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication. 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
- Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose
his residence.
- Everyone shall be free to leave any country, including his own.
- The above-mentioned rights shall not be subject to any
restrictions except those which are provided by law, are necessary to
protect national security, public order (ordre public), public health or
morals or the rights and freedoms of others, and are consistent with
the other rights recognized in the present Covenant.
- No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of a State Party to the present
Covenant may 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
- 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.
- Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
- In the determination of any criminal charge against him,
everyone shall be entitled to the following minimum guarantees, in full
equality:
- To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
- To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
- To be tried without undue delay;
- To be tried in his presence, and to defend himself in
person or through legal assistance of his own choosing; to be informed,
if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice
so require, and without payment by him in any such case if he does not
have sufficient means to pay for it;
- To examine, or have examined, the witnesses against him and
to obtain the attendance and examination of witnesses on his behalf
under the same conditions as witnesses against him;
- To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
- Not to be compelled to testify against himself or to confess guilt.
- In the case of juvenile persons, the procedure shall be
such as will take account of their age and the desirability of promoting
their rehabilitation.
- Everyone convicted of a crime shall have the right to his
conviction and sentence being reviewed by a higher tribunal according to
law.
- When a person has by a final decision been convicted of a
criminal offence and when subsequently his conviction has been reversed
or he has been pardoned on the ground that a new or newly discovered
fact shows conclusively that there has been a miscarriage of justice,
the person who has suffered punishment as a result of such conviction
shall be compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
- No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or acquitted in
accordance with the law and penal procedure of each country.
Article 15
- No one shall be held guilty of any criminal offence on account of
any act or omission which did not constitute a criminal offence, under
national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that was applicable at
the time when the criminal offence was committed. If, subsequent to the
commission of the offence, provision is made by law for the imposition
of the lighter penalty, the offender shall benefit thereby.
- Nothing in this article shall prejudice the trial and
punishment of any person for any act or omission which, at the time when
it was committed, was criminal according to the general principles of
law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17
- No one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation.
- Everyone has the right to the protection of the law against such interference or attacks.
Article 18
- Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a
religion or belief of his choice, and freedom, either individually or in
community with others and in public or private, to manifest his
religion or belief in worship, observance, practice and teaching.
- No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
- Freedom to manifest one's religion or beliefs may be
subject only to such limitations as are prescribed by law and are
necessary to protect public safety, order, health, or morals or the
fundamental rights and freedoms of others. 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
- Everyone shall have the right to hold opinions without interference.
- Everyone shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in
writing or in print, in the form of art, or through any other media of
his choice.
- The exercise of the rights provided for in paragraph 2 of
this article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only be
such as are provided by law and are necessary:
- For respect of the rights or reputations of others;
- For the protection of national security or of public order (ordre public), or of public health or morals.
Article 20
- Any propaganda for war shall be prohibited by law.
- Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence shall be
prohibited by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions may
be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society
in the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the
protection of the rights and freedoms of others.
Article 22
- Everyone shall have the right to freedom of association with others,
including the right to form and join trade unions for the protection of
his interests.
- No restrictions may be placed on the exercise of this right
other than those which are prescribed by law and which are necessary in
a democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others. This
article shall not prevent the imposition of lawful restrictions on
members of the armed forces and of the police in their exercise of this
right.
- Nothing in this article shall authorize States Parties to
the International Labour 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
- The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
- The right of men and women of marriageable age to marry and to found a family shall be recognized.
- No marriage shall be entered into without the free and full consent of the intending spouses.
- States Parties to the present Covenant shall take
appropriate steps to ensure 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
- Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property or
birth, the right to such measures of protection as are required by his
status as a minor, on the part of his family, society and the State.
- Every child shall be registered immediately after birth and shall have a name.
- Every child has the right to acquire a nationality.
|
Article 25
Every citizen shall have the right and the opportunity, without any of
the distinctions mentioned in article 2 and without unreasonable
restrictions:
- To take part in the conduct of public affairs, directly or through freely chosen representatives;
- To vote and to be elected at genuine periodic elections
which shall be by universal and equal suffrage and shall be held by
secret ballot, guaranteeing the free expression of the will of the
electors;
- To have access, on general terms of equality, to public service in his country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the
law shall prohibit any discrimination and guarantee to all persons equal
and effective protection against discrimination on any ground such as
race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied the
right, in community with the other members of their group, to enjoy
their own culture, to profess and practise their own religion, or to use
their own language.
Article 28
- There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall consist
of eighteen members and shall carry out the functions hereinafter
provided.
- The Committee shall be composed of nationals of the States
Parties to the present Covenant who shall be persons of high moral
character and recognized competence in the field of human rights,
consideration being given to the usefulness of the participation of some
persons having legal experience.
- The members of the Committee shall be elected and shall serve in their personal capacity.
Article 29
- The members of the Committee shall be elected by secret ballot from a
list of persons possessing the qualifications prescribed in article 28
and nominated for the purpose by the States Parties to the present
Covenant.
- Each State Party to the present Covenant may nominate not
more than two persons. These persons shall be nationals of the
nominating State.
- A person shall be eligible for renomination.
Article 30
- The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.
- At least four months before the date of each election to
the Committee, other than an election to fill a vacancy declared in
accordance with article 34, the Secretary-General of the United Nations
shall address a written invitation to the States Parties to the present
Covenant to submit their nominations for membership of the Committee
within three months.
- The Secretary-General of the United Nations shall prepare a
list in alphabetical order of all the persons thus nominated, with an
indication of the States Parties which have nominated them, and shall
submit it to the States Parties to the present Covenant no later than
one month before the date of each election.
- Elections of the members of the Committee shall be held at a
meeting of the States Parties to the present Covenant convened by the
Secretary General of the United Nations at the Headquarters of the
United Nations. At that meeting, for which two thirds of the States
Parties to the present Covenant shall constitute a quorum, the persons
elected to the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
Article 31
- The Committee may not include more than one national of the same State.
- In the election of the Committee, consideration shall be
given to equitable geographical distribution of membership and to the
representation of the different forms of civilization and of the
principal legal systems.
Article 32
- The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election if renominated. However,
the terms of nine of the members elected at the first election shall
expire at the end of two years; immediately after the first election,
the names of these nine members shall be chosen by lot by the Chairman
of the meeting referred to in article 30, paragraph 4.
- Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.
Article 33
- If, in the unanimous opinion of the other members, a member of the
Committee has ceased to carry out his functions for any cause other than
absence of a temporary character, the Chairman of the Committee shall
notify the Secretary-General of the United Nations, who shall then
declare the seat of that member to be vacant.
- In the event of the death or the resignation of a member of
the Committee, the Chairman shall immediately notify the
Secretary-General of the United Nations, who shall declare the seat
vacant from the date of death or the date on which the resignation takes
effect.
Article 34
- When a vacancy is declared in accordance with article 33 and if the
term of office of the member to be replaced does not expire within six
months of the declaration of the vacancy, the Secretary-General of the
United Nations shall notify each of the States Parties to the present
Covenant, which may within two months submit nominations in accordance
with article 29 for the purpose of filling the vacancy.
- The Secretary-General of the United Nations shall prepare a
list in alphabetical order of the persons thus nominated and shall
submit it to the States Parties to the present Covenant. The election to
fill the vacancy shall then take place in accordance with the relevant
provisions of this part of the present Covenant.
- A member of the Committee elected to fill a vacancy
declared in accordance with article 33 shall hold office for the
remainder of the term of the member who vacated the seat on the
Committee under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may
decide, having regard to the importance of the Committee's
responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of
the Committee under the present Covenant.
Article 37
- The Secretary-General of the United Nations shall convene the
initial meeting of the Committee at the Headquarters of the United
Nations.
- After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.
- The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his duties, make a
solemn declaration in open committee that he will perform his functions
impartially and conscientiously.
Article 39
- The Committee shall elect its officers for a term of two years. They may be re-elected.
- The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:
- Twelve members shall constitute a quorum;
- Decisions of the Committee shall be made by a majority vote of the members present.
Article 40
- The States Parties to the present Covenant undertake to submit
reports on the measures they have adopted which give effect to the
rights recognized herein and on the progress made in the enjoyment of
those rights:
- Within one year of the entry into force of the present Covenant for the States Parties concerned;
- Thereafter whenever the Committee so requests.
- All reports shall be submitted to the Secretary-General of
the United Nations, who shall transmit them to the Committee for
consideration. Reports shall indicate the factors and difficulties, if
any, affecting the implementation of the present Covenant.
- The Secretary-General of the United Nations may, after
consultation with the Committee, transmit to the specialized agencies
concerned copies of such parts of the reports as may fall within their
field of competence.
- The Committee shall study the reports submitted by the
States Parties to the present Covenant. It shall transmit its reports,
and such general comments as it may consider appropriate, to the States
Parties. The Committee may also transmit to the Economic and Social
Council these comments along with the copies of the reports it has
received from States Parties to the present Covenant.
- The States Parties to the present Covenant may submit to
the Committee observations on any comments that may be made in
accordance with paragraph 4 of this article.
Article 41
- A State Party to the present Covenant may at any time declare under
this article that it recognizes the competence of the Committee to
receive and consider communications to the effect that a State Party
claims that another State Party is not fulfilling its obligations under
the present Covenant. Communications under this article may be received
and considered only if submitted by a State Party which has made a
declaration recognizing in regard to itself the competence of the
Committee. No communication shall be received by the Committee if it
concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with in
accordance with the following procedure:
- If a State Party to the present Covenant considers that another
State Party is not giving effect to the provisions of the present
Covenant, it may, by written communication, bring the matter to the
attention of that State Party. Within three months after the receipt of
the communication the receiving State shall afford the State which sent
the communication an explanation, or any other statement in writing
clarifying the matter which should include, to the extent possible and
pertinent, reference to domestic procedures and remedies taken, pending,
or available in the matter;
- If the matter 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;
- The Committee shall deal with a matter referred to it only
after it has ascertained that all available domestic remedies have been
invoked and exhausted in the matter, in conformity with the generally
recognized principles of international law. This shall not be the rule
where the application of the remedies is unreasonably prolonged;
- The Committee shall hold closed meetings when examining communications under this article;
- Subject to the provisions of subparagraph (c), the
Committee shall make available its good offices to the States Parties
concerned with a view to a friendly solution of the matter on the basis
of respect for human rights and fundamental freedoms as recognized in
the present Covenant;
- In any matter referred to it, the Committee may call upon
the States Parties concerned, referred to in subparagraph (b), to supply
any relevant information;
- The States Parties concerned, referred to in subparagraph
(b), shall have the right to be represented when the matter is being
considered in the Committee and to make submissions orally and/or in
writing;
- The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:
- If a solution within the terms of subparagraph (e) is reached, the
Committee shall confine its report to a brief statement of the facts and
of the solution reached;
- If a solution within the terms of subparagraph (e) is not
reached, the Committee shall confine its report to a brief statement of
the facts; the written submissions and record of the oral submissions
made by the States Parties concerned shall be attached to the report. In
every matter, the report shall be communicated to the States Parties
concerned.
- The provisions of this article shall come into force when
ten States Parties to the present Covenant have made declarations under
paragraph 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
-
- If a matter referred to the Committee in accordance with article 41
is not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned,
appoint an ad hoc Conciliation Commission (hereinafter referred to as
the Commission). The good offices of the Commission shall be made
available to the States Parties concerned with a view to an amicable
solution of the matter on the basis of respect for the present Covenant;
- The Commission shall consist of five persons acceptable to
the States Parties concerned. If the States Parties concerned fail to
reach agreement within three months on all or part of the composition of
the Commission, the members of the Commission concerning whom no
agreement has been reached shall be elected by secret ballot by a
two-thirds majority vote of the Committee from among its members.
- The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties concerned,
or of a State not Party to the present Covenant, or of a State Party
which has not made a declaration under article 41.
- The Commission shall elect its own Chairman and adopt its own rules of procedure.
- The meetings of the Commission shall normally be held at
the Headquarters of the United Nations or at the United Nations Office
at Geneva. However, they may be held at such other convenient places as
the Commission may determine in consultation with the Secretary-General
of the United Nations and the States Parties concerned.
- The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.
- The information received and collated by the Committee
shall be made available to the Commission and the Commission may call
upon the States Parties concerned to supply any other relevant
information. 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:
- If the Commission is unable to complete its consideration of the
matter within twelve months, it shall confine its report to a brief
statement of the status of its consideration of the matter;
- If an amicable solution to the matter on 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;
- If a solution within the terms of subparagraph (b) is not
reached, the Commission's report shall embody its findings on all
questions of fact relevant to the issues between the States Parties
concerned, and its views on the possibilities of an amicable solution of
the matter. This report shall also contain the written submissions and a
record of the oral submissions made by the States Parties concerned;
- If the Commission's report is submitted under subparagraph
(c), the States Parties concerned shall, within three months of the
receipt of the report, notify the Chairman of the Committee whether or
not they accept the contents of the report of the Commission.
- The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.
- The States Parties concerned shall share equally all the
expenses of the members of the Commission in accordance with estimates
to be provided by the Secretary-General of the United Nations.
- The Secretary-General of the United Nations shall be
empowered to pay the expenses of the members of the Commission, if
necessary, before reimbursement by the States Parties concerned, in
accordance with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions
which may be appointed under article 42, shall be entitled to the
facilities, privileges and immunities of experts on mission for the
United Nations as laid down in the relevant sections of the Convention
on the Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall
apply without prejudice to the procedures prescribed in the field of
human rights by or under the constituent instruments and the conventions
of the United Nations and of the specialized agencies and shall not
prevent the States Parties to the present Covenant from having recourse
to other procedures for settling a dispute in accordance with general or
special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual report on
its activities.
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.
Article 48
- The present Covenant is open for signature by any State Member of
the United Nations or member of any of its specialized agencies, by any
State Party to the Statute of the International Court of Justice, and by
any other State which has been invited by the General Assembly of the
United Nations to become a Party to the present Covenant.
- The present Covenant is subject to ratification.
Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
- The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.
- Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
- The Secretary-General of the United Nations shall inform
all States which have signed this Covenant or acceded to it of the
deposit of each instrument of ratification or accession.
Article 49
- The present Covenant shall enter into force three months after the
date of the deposit with the Secretary-General of the United Nations of
the thirty-fifth instrument of ratification or instrument of accession.
- For each State ratifying the present Covenant or acceding
to it after the deposit of the thirty-fifth instrument of ratification
or instrument of accession, the present Covenant shall enter into force
three months after the date of the deposit of its own instrument of
ratification or instrument of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.
Article 51
- Any State Party to the present Covenant may propose an amendment and
file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate any
proposed amendments to the States Parties to the present Covenant with a
request that they notify him whether they favour a conference of States
Parties for the purpose of considering and voting upon the proposals.
In the event that at least 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.
- 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:
- Signatures, ratifications and accessions under article 48;
- The date of the entry into force of the present Covenant
under article 49 and the date of the entry into force of any amendments
under article 51.
Article 53
- The present Covenant, of which the Chinese, English, French, Russian
and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
- The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred to in
article 48.
|