"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."
THE UNITED NATIONS GENERAL ASSEMBLY
RESOLUTION 2200 A(XXI) OF 16 DECEMBER 1966
23 March 1976
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 I
- 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.
PART II
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 legislative 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:
(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
- 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 1 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.
PART III
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 judgment 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.
(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
- 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 judgment.
- 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.
- 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.
- (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.
- 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:
(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.
- 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.
- 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:
(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
- 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:
(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
- 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.
- A person shall be eligible for
renomination.
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:
(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
- 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.
- 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:
(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 sub-paragraph (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 sub-paragraph (b), to supply
any relevant information.
(g) The States Parties concerned, referred to in
sub-paragraph (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 sub-paragraph (b), submit a report:
(i) If a solution within the terms of sub-paragraph (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 sub-paragraph (e) is
not reached, the Committee
Article 42
- (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.
- 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.
- 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 the 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 sub-paragraph (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
sub-paragraph
(e), 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.
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.
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.
- 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 1 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
- 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.
International
Covenant on Civil and Political Rights
Entered
into force: 23 March 1976, in accordance with article 49, for all provisions
except those of article 41; 28 March 1979 for the provisions of article 41
(Human Rights Committee), in accordance with paragraph 2 of the said article
41.
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