INTERNATIONAL COVENANT
ON CIVIL AND POLITICAL RIGHTS
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 1
ARTICLE 1
1. All peoples have the right of self-determination. By virtue of that righ
t
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 t
he
rights recognized in the present Covenant, without distinction of any kind, such
as race, colour, sex, language, religion, political or other opinion, national o
r
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 legislative 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 rights
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of judicial
remedy;
(c) To ensure that the competent authorities shall enforce such remedies
when granted.
ARTICLE 3
The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all civil and political rights set
forth in the present Covenant.
ARTICLE 4
1. In time of public emergency which threatens the life of the nation and
the existence of which is officially proclaimed, the States Parties to the prese
nt
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 1 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-Gerneral 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 under-
stood that nothing in this article shall authorize any State Party to the presen
t
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 con-
scientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening the lif
e
or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
ARTICLE 9
1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived of his
liberty except on such grounds and in accordance with such procedure as
are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the
reasons for his arrest and shall be promptly informed of any charges against
him.
3. Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release. It
shall
not be the general rule that persons awaiting trial shall be detained in custody
,
but release may be subject to guarantees to appear for trial, at any other stage
of the judicial proceedings, and, should occasion arise, for execution of the
judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be
entitled to take proceedings before a court, in order that that court may decide
without delay on the lawfulness of his detention and order his release if the
detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation.
ARTICLE 10
1. All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segre-
gated 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 countr
y.
ARTICLE 13
An alien lawfully in the territory of a State Party to the present Covenant
may expelled therefrom only in pursuance of a decision reached in accordance
with law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit the reasons against his expulsion and
to have his case reviewed by, and be represented for the purpose before, the
competent authority or a person or persons especially designated by the
competent authority.
ARTICLE 14
1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public he
aring
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 i
n
a criminal case or in a suit at law shall be made public except where the intere
st
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 under-
stands 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 paymen
t
by him in any such case if he does not have sufficient means to pay for i
t;
(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 a lighter penalty, the
offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and punishment of any
person for any act or omission which, at the time when it was committed, was
criminal according to the general principles of law recognized by the community
of nations.
ARTICLE 16
Everyone shall have the right to recognition everywhere as a person before
the law.
ARTICLE 17
1. No one shall be subjected to arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks on his honour
and reputation.
2. Everyone has the right to the protection of the law against such
interference or attacks.
ARTICLE 18
1. Everyone shall have the right to freedom of thought, conscience and
religion. This right shall include freedom to have or to adopt a religion or be
lief
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 a
rt, 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 subjec
t to
certain restrictions, but these shall only be such as are provided by law and ar
e
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 (or
dre
public), the protection of public health or morals or the protection of the righ
ts
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 Internation
al
Labour Organization 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 equally of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution. In the case of dissolution, provision shall be
made for the necessary protection of any children.
ARTICLE 24
1. Every child shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the right
to
such measures of protection as are required by his status as a minor, on the par
t
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 dis-
crimination 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, prope
rty,
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 nomin
ated
for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate not more than
two persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
ARTICLE 30
1. The initial election shall be held no later than six onths after the
cate 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 fo 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 delcared 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 aproval 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 fo 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 time as shall
be provided in its rules of procedure.
3. The Comittee 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, beofre taking up his duties, make a
solemn delcaration 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 Convenant undertake to submit reports
on the measures they have adopted which give effect to the rights recognized
herein and on the progress made in the enjoyment of those rights:
(a) Within one year of the entry into force of the present Covenant for the
States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any, affecting the
implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultation with
the Committee, transmit to the specialized agencies concerned copies of such
parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties to
the present Covenant. It shall transmit its reports, and such general comments
as it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the copies
of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the Committee
observations on any comments that may be made in accordance with paragraph 4
of this article.
ARTICLE 41
1. A State Party to the present Covenant may at any time declare under
this article that it recognizes the competence of the Committee to receive
and consider communications to the effect that a State Party claims that
another State Party is not fulfilling its obligations under the present
Covenant. Communications under this article may be received and considered
only if submitted by a State Party which has made a declaration recognizing
in regard to itself the competence of the Committee. No communication shall
be received by the Committee if it concerns a State Party which has not made
such a declaration. Communications received under this article shall be dealt
with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State
Party is not giving effect to the provisions of the present Covenant, it
may, by written communication, bring the matter to the attention of that
State Party. Within three months after the receipt of the communication,
the receiving State shall afford the State which sent the communication
an explanation or any other statement in writing clarifying the matter,
which should include, to the extent possible and pertinent, reference to
domestic procedures and remedies taken, pending, or available in the
matter.
(b) If the matter in 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 subparagrph (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 ot 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 1 of
this artilce. Such declarations shall be deposited by the States Parties with
the Secretary-General of the United Nations, who shall transmit copies thereof
to the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication already
transmitted under this article; no further communication by any State Party
shall be received after the notification of withdrawal of the declaration has
been received by the Secretary-General, unless the State Party concerned has
made a new declaration.
ARTICLE 42
1. (a) If a matter referred to the Committee in accordance with article 41
is not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned, appoint
an ad hoc Conciliation Commission (hereinafter referred to as the Commission).
The good offices of the Commission shall be made available to the States Parties
concerned with a view to an amicable solution of the matter on the basis of
respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the States
Parties concerned. If the States Parties concerned fail to reach agreement
within three months on all or part of the composition of the Commission, the
members of the Commission concerning whom no agreement has been reached shall
be elected by secret ballot by a two-thirds majority vote of the Committee from
among its members.
2. The members of the Commission shall serve in their personal capacity.
They shall not be nationals of the States Parties concerned, or of a State not
party to the present Covenant, or of a State Party which has not made a
declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules of
procedure.
4. The meetings of the Commission shall normally be held at the Headquarters
of the United Nations or at the United Nations Office at Geneva.
However, they may be held at such other convenient places as the Commission
may determine in consultation with the Secretary-General of the United
Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service
the commissions appointed under this article.
6. The information received and collated by the Committee shall be made
available to the Commission and the Commission may call upon the States
Parties concerned to supply any other relevant information.
7. When the Commission has fully considered the matter, but in any event
not later than twelve months after having been seized of the matter, it shall
submit to the Chairman of the Committee a report for communication to the
States Parties concerned:
(a) If the Commission is unable to complete its consideration of the matter
within twelve months, it shall confine its report to a brief statement
of the status of its consideration of the matter.
(b) If an amicable solution to the matter on 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 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 hte specialized agencies which define the respective responsibilities of
the various organs of the United Nations and of specialized agencies in
regard to the matters dealt with in the present Covenant.
ARTICLE 47
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely
their natural wealth and resources.
PART VI
ARTICLE 48
1. The present Covenant is open for signature by any State Member of the
United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other
State which has been invited by the General Assembly of the United Nations to
become a party to the present Covenant.
2. The present Covenant is subject ot 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 on 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 State 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 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
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.
* * * * *
APPLICATION OF THE COVENANT TO HONG KONG
In 1976, the Government of the United Kingdom ratified the International
Covenant on Civil and Political Rights with certain reservations and
declarations, and extended the Covenant to 10 British dependent territories
including Hong Kong. The reservations and declarations applicable to
Hong Kong are as follows.
On signing the Covenant the Government of the United Kingdom made the
following declaration:
"First, the Government of the United Kingdom declare their understanding
that, by virtue of Article 103 of the Charter of the United Nations, in the
event of any conflict between their obligations under Article 1 of the
Covenant and their obligations under the Charter (in particular, under
Articles 1, 2 and 73 thereof) their obligations under the Charter shall
prevail."
On depositing their instrument of ratification of the Covenant the
Government of the United Kingdom made the following reservations and
declarations:
"Firstly the Government of the United Kingdom maintain their
declaration in respect of Article 1 made at the time of signature of
the Covenant."
"The Government of the United Kingdom reserve the right to apply to
members of and persons serving with the armed forces of the Crown and to
persons lawfully detained in penal establishments of whatever character
such laws and procedures as they may from time to time deem to be
necessary for the preservation of service and custodial discipline and
their acceptance of the provisions of the Covenant is subject to such
restrictions as may for these purposes from time to time be authorized
by law."
"Where at any time there is a lack of suitable prision facilities or
where the mixing of adults and juveniles is deemed to be mutually
beneficial, the Government of the United Kingdom reserve the right not to
apply Article 10.2(b) and 10.3 so far as those provisions require juveniles
who are detained to be accommodated separately from adults, ..."
"The Government of the United Kingdom reserve the right to interpret
the provisions of Article 12.1 relating to the territory of a State as
applying separately to each of the territories comprising the United
Kingdom and its dependencies."
"The Government of the United Kingdom reserve the right to continue
to apply such immigration legislation governing entry into, stay in and
departure from the United Kingdom as they may deem necessary from time
to time and, accordingly, their acceptance of Article 12.4 and of the
other provisions of the Covenant is subject to the provisions of any such
legislation as regards persons not at the time having the right under the
law of the United Kingdom to enter and remain in the United Kingdom. The
United Kingdom also reserves a similar right in regard to each of its
dependent territories."
"The Government of the united Kingdom reserve the right not to apply
Article 13 in Hong Kong in so far as it confers a right of review of a
decision to deport an alien and a right to be represented for this purpose
before the competent authority."
"The Government of the United Kingdom interpret Article 20 consistently
with the rights conferred by Ariticles 19 and 21 of the Covenant and
having legislated in matters of practical concern in the interests of
public order (ordre public) reserve the right not to introduce any further
legislations. The United Kingdom also reserve a similar in regard to each
of its dependent territories."
"The Government of the United Kingdom reserve the right to enact such
nationality legislation as they may deem necessary from time to time to
reserve the acquisition and possession of citizenshipunder such legislation
to those having sufficient connection with the United Kingdom or any of its
dependent territories and accordingly their acceptance of Article 24.3 and
of the other provisions of the Covenant is subject to the provisions of any
such legislation."
"The Government of the United Kingdom reserve the right not to apply
sub-paragraph (b) of Article 25 in so far as it may require the establishment
of an elected Executive or Legislative Council in Hong Kong ...".
DECLARATION UNDER ARTICEL 41
DATED 17 MAY 1976
"The Government of the United Kingdom declares under Article 41 of this
Covenant that it recognizes the competence of the Human Rights Committee
to receive and consider communications submitted by another State Party,
provided that such other State Party has, not less than twelve months
prior to the submission by it of a communication relating to the United
Kingdom, made a declaration under Article 41 recognizing the competence
of the Committee to receive and consider communications relating to itself."
(Contents of this booklet, other than the sections on the applications of the
International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights to Hong Kong, are extracted
from the "International Bill of Human Rights" Fact Sheet No. 2 published by
the Centre for Human Rights, United Nations Office at Geneva)
