
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
1. All peoples
have the right of self-determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and
cultural development.
2. All peoples
may, for their own ends, freely dispose of their natural wealth and resources
without prejudice to any obligations arising out of international economic
co-operation, based upon the principle of mutual benefit, and international
law. In no case may a people be deprived of its own means of subsistence.
3. The States
Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right,
in conformity with the provisions of the Charter of the United Nations.
PART II
Article 2
1. Each State
Party to the present Covenant undertakes to respect and to ensure to all
individuals within its territory and subject to its jurisdiction the rights
recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
2. Where not
already provided for by existing legislative or other measures, each State
Party to the present Covenant undertakes to take the necessary steps, in
accordance with its constitutional processes and with the provisions of the
present Covenant, to adopt such 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 right thereto determined
by competent judicial, administrative or legislative authorities, or by any
other competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy;
(c) To ensure
that the competent authorities shall enforce such remedies when granted.
Article 3
The States
Parties to the present Covenant undertake to ensure the equal right of men and
women to the enjoyment of all civil and political rights set forth in the
present Covenant.
Article 4
1 . In time of
public emergency which threatens the life of the nation and the existence of
which is officially proclaimed, the States Parties to the present Covenant may
take measures derogating from their obligations under the present Covenant to
the extent strictly required by the exigencies of the situation, provided that
such measures are not inconsistent with their other obligations under
international law and do not involve discrimination solely on the ground of
race, colour, sex, language, religion or social
origin.
2. No derogation
from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under
this provision.
3. Any State
Party to the present Covenant availing itself of the right of derogation shall
immediately inform the other States Parties to the present Covenant, through
the intermediary of the Secretary-General of the United Nations, of the
provisions from which it has derogated and of the reasons by which it was
actuated. A further communication shall be made, through the same intermediary,
on the date on which it terminates such derogation.
Article 5
1. Nothing in
the present Covenant may be interpreted as implying for any State, group or
person any right to engage in any activity or perform any act aimed at the
destruction of any of the rights and freedoms recognized herein or at their
limitation to a greater extent than is provided for in the present Covenant.
2. There shall
be no restriction upon or derogation from any of the fundamental human rights
recognized or existing in any State Party to the present Covenant pursuant to
law, conventions, regulations or custom on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a lesser
extent.
PART III
Article 6
1. Every human
being has the inherent right to life. This right shall be protected by law. No
one shall be arbitrarily deprived of his life.
2. In countries
which have not abolished the death penalty, sentence of death may be imposed
only for the most serious crimes in accordance with the law in force at the
time of the commission of the crime and not contrary to the provisions of the
present Covenant and to the Convention on the Prevention and Punishment of the
Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation
of life constitutes the crime of genocide, it is understood that nothing in
this article shall authorize any State Party to the present Covenant to
derogate in any way from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone
sentenced to death shall have the right to seek pardon or commutation of the
sentence. Amnesty, pardon or commutation of the sentence of death may be
granted in all cases.
5. Sentence of
death shall not be imposed for crimes committed by persons below eighteen years
of age and shall not be carried out on pregnant women.
6. Nothing in
this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.
Article 7
No one shall be
subjected to torture or to cruel, inhuman or degrading treatment or punishment.
In particular, no one shall be subjected without his free consent to medical or
scientific experimentation.
Article 8
1. No one shall
be held in slavery; slavery and the slave-trade in all their forms shall be
prohibited.
2. No one shall
be held in servitude.
3.
(a) No one shall
be required to perform forced or compulsory labour;
(b) Paragraph 3
(a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the
performance of hard labour in pursuance of a sentence
to such punishment by a competent court;
(c) For the
purpose of this paragraph the term "forced or compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph
(b), normally required of a person who is under detention in consequence of a
lawful order of a court, or of a person during conditional release from such
detention;
(ii) Any service
of a military character and, in countries where conscientious objection is
recognized, any national service required by law of conscientious objectors;
(iii) Any
service exacted in cases of emergency or calamity threatening the life or
well-being of the community;
(iv) Any work
or service which forms part of normal civil obligations.
Article 9
1. Everyone has
the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his liberty except
on such grounds and in accordance with such procedure as are established by
law.
2. Anyone who is
arrested shall be informed, at the time of arrest, of the reasons for his
arrest and shall be promptly informed of any charges against him.
3. Anyone
arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorized by law to exercise judicial power and shall
be entitled to trial within a reasonable time or to release. It shall not be
the general rule that persons awaiting trial shall be detained in custody, but
release may be subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution of the judgement.
4. Anyone who is
deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not
lawful.
5. Anyone who
has been the victim of unlawful arrest or detention shall have an enforceable
right to compensation.
Article 10
1. All persons
deprived of their liberty shall be treated with humanity and with respect for
the inherent dignity of the human person.
2.
(a) Accused
persons shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status
as unconvicted persons;
(b) Accused
juvenile persons shall be separated from adults and brought as speedily as possible
for adjudication. 3. The penitentiary system shall comprise treatment of
prisoners the essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults and be
accorded treatment appropriate to their age and legal status.
Article 11
No one shall be
imprisoned merely on the ground of inability to fulfil
a contractual obligation.
Article 12
1. Everyone
lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.
2. Everyone
shall be free to leave any country, including his own.
3. The
above-mentioned rights shall not be subject to any restrictions except those
which are provided by law, are necessary to protect national security, public
order (ordre public), public health or morals or the
rights and freedoms of others, and are consistent with the other rights
recognized in the present Covenant.
4. No one shall
be arbitrarily deprived of the right to enter his own country.
Article 13
An alien
lawfully in the territory of a State Party to the present Covenant may be
expelled therefrom only in pursuance of a decision
reached in accordance with law and shall, except where compelling reasons of
national security otherwise require, be allowed to submit the reasons against
his expulsion and to have his case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons especially
designated by the competent authority.
Article 14
1. All persons
shall be equal before the courts and tribunals. In the determination of any
criminal charge against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The press and the public
may be excluded from all or part of a trial for reasons of morals, public order
(ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties so requires,
or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice; but any
judgement rendered in a criminal case or in a suit at
law shall be made public except where the interest of juvenile persons
otherwise requires or the proceedings concern matrimonial disputes or the
guardianship of children.
2. Everyone
charged with a criminal offence shall have the right to be presumed innocent
until proved guilty according to law.
3. In the
determination of any criminal charge against him, everyone shall be entitled to
the following minimum guarantees, in full equality:
(a) To be
informed promptly and in detail in a language which he understands of the
nature and cause of the charge against him;
(b) To have
adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
(c) To be tried
without undue delay;
(d) To be tried
in his presence, and to defend himself in person or through legal assistance of
his own choosing; to be informed, if he does not have legal assistance, of this
right; and to have legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him in any such case if
he does not have sufficient means to pay for it;
(e) To examine,
or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses
against him;
(f) To have the
free assistance of an interpreter if he cannot understand or speak the language
used in court;
(g) Not to be
compelled to testify against himself or to confess guilt.
4.
In the case of juvenile persons, the procedure shall be such as will take account
of their age and the desirability of promoting their rehabilitation.
5.
Everyone convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.
6.
When a person has by a final decision been convicted of a criminal offence and
when subsequently his conviction has been reversed or he has been pardoned on
the ground that a new or newly discovered fact shows conclusively that there
has been a miscarriage of justice, the person who has suffered punishment as a
result of such conviction shall be compensated according to law, unless it is
proved that the non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
7.
No one shall be liable to be tried or punished again for an offence for which
he has already been finally convicted or acquitted in accordance with the law
and penal procedure of each country.
Article 15
1 . No one shall
be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence, under national or international law, at
the time when it was committed. Nor shall a heavier penalty be imposed than the
one that was applicable at the time when the criminal offence was committed.
If, subsequent to the commission of the offence, provision is made by law for
the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in
this article shall prejudice the trial and punishment of any person for any act
or omission which, at the time when it was committed, was criminal according to
the general principles of law recognized by the community of nations.
Article 16
Everyone shall
have the right to recognition everywhere as a person before the law.
Article 17
1. No one shall
be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour
and reputation.
2. Everyone has
the right to the protection of the law against such interference or attacks.
Article 18
1. Everyone
shall have the right to freedom of thought, conscience and religion. This right
shall include freedom to have or to adopt a religion or belief of his choice,
and freedom, either individually or in community with others and in public or
private, to manifest his religion or belief in worship, observance, practice
and teaching.
2. No one shall
be subject to coercion which would impair his freedom to have or to adopt a
religion or belief of his choice.
3. Freedom to
manifest one's religion or beliefs may be subject only to such limitations as
are prescribed by law and are necessary to protect public safety, order,
health, or morals or the fundamental rights and freedoms of others. 4. The
States Parties to the present Covenant undertake to have respect for the
liberty of parents and, when applicable, legal guardians to ensure the
religious and moral education of their children in conformity with their own
convictions.
Article 19
1. Everyone
shall have the right to hold opinions without interference.
2. Everyone
shall have the right to freedom of expression; this right shall include freedom
to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or
through any other media of his choice.
3. The exercise
of the rights provided for in paragraph 2 of this article carries with it
special duties and responsibilities. It may therefore be subject to certain
restrictions, but these shall only be such as are provided by law and are
necessary:
(a) For respect
of the rights or reputations of others;
(b) For the
protection of national security or of public order (ordre
public), or of public health or morals.
Article 20
1. Any
propaganda for war shall be prohibited by law.
2. Any advocacy
of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of
peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and
which are necessary in a democratic society in the interests of national
security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others.
Article 22
1. Everyone
shall have the right to freedom of association with others, including the right
to form and join trade unions for the protection of his interests.
2. No
restrictions may be placed on the exercise of this right other than those which
are prescribed by law and which are necessary in a democratic society in the
interests of national security or public safety, public order (ordre public), the protection of public health or morals or
the protection of the rights and freedoms of others. This article shall not
prevent the imposition of lawful restrictions on members of the armed forces
and of the police in their exercise of this right.
3. Nothing in
this article shall authorize States Parties to the International Labour Organisation Convention of
1948 concerning Freedom of Association and Protection of the Right to Organize
to take legislative measures which would prejudice, or to apply the law in such
a manner as to prejudice, the guarantees provided for in that Convention.
Article 23
1. The family is
the natural and fundamental group unit of society and is entitled to protection
by society and the State.
2. The right of
men and women of marriageable age to marry and to found a family shall be
recognized.
3. No marriage
shall be entered into without the free and full consent of the intending
spouses.
4. States
Parties to the present Covenant shall take appropriate steps to ensure equality
of rights and responsibilities of spouses as to marriage, during marriage and
at its dissolution. In the case of dissolution, provision shall be made for the
necessary protection of any children.
Article 24
1. Every child
shall have, without any discrimination as to race, colour,
sex, language, religion, national or social origin, property or birth, the
right to such measures of protection as are required by his status as a minor,
on the part of his family, society and the State.
2. Every child
shall be registered immediately after birth and shall have a name.
3. Every child
has the right to acquire a nationality.
Article 25
Every citizen
shall have the right and the opportunity, without any of the distinctions
mentioned in article 2 and without unreasonable restrictions:
(a) To take part
in the conduct of public affairs, directly or through freely chosen
representatives;
(b) To vote and
to be elected at genuine periodic elections which shall be by universal and
equal suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors;
(c) To have
access, on general terms of equality, to public service in his country.
Article 26
All persons are
equal before the law and are entitled without any discrimination to the equal
protection of the law. In this respect, the law shall prohibit any
discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour,
sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
Article 27
In those States
in which ethnic, religious or linguistic minorities exist, persons belonging to
such minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
PART IV Article 28
1. There shall
be established a Human Rights Committee (hereafter referred to in the present
Covenant as the Committee). It shall consist of eighteen members and shall
carry out the functions hereinafter provided.
2. The Committee
shall be composed of nationals of the States Parties to the present Covenant
who shall be persons of high moral character and recognized competence in the
field of human rights, consideration being given to the usefulness of the
participation of some persons having legal experience.
3. The members
of the Committee shall be elected and shall serve in their personal capacity.
Article 29
1 . The members
of the Committee shall be elected by secret ballot from a list of persons
possessing the qualifications prescribed in article 28 and nominated for the
purpose by the States Parties to the present Covenant.
2. Each State
Party to the present Covenant may nominate not more than two persons. These
persons shall be nationals of the nominating State.
3. A person
shall be eligible for renomination.
Article 30
1. The initial
election shall be held no later than six months after the date of the entry
into force of the present Covenant.
2. At least four
months before the date of each election to the Committee, other than an
election to fill a vacancy declared in accordance with article 34, the
Secretary-General of the United Nations shall address a written invitation to
the States Parties to the present Covenant to submit their nominations for
membership of the Committee within three months.
3. The
Secretary-General of the United Nations shall prepare a list in alphabetical
order of all the persons thus nominated, with an indication of the States
Parties which have nominated them, and shall submit it to the States Parties to
the present Covenant no later than one month before the date of each election.
4. Elections of
the members of the Committee shall be held at a meeting of the States Parties
to the present Covenant convened by the Secretary General of the United Nations
at the Headquarters of the United Nations. At that meeting, for which two
thirds of the States Parties to the present Covenant shall constitute a quorum,
the persons elected to the Committee shall be those nominees who obtain the
largest number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
Article 31
1. The Committee
may not include more than one national of the same State.
2. In the
election of the Committee, consideration shall be given to equitable
geographical distribution of membership and to the representation of the
different forms of civilization and of the principal legal systems.
Article 32
1. The members
of the Committee shall be elected for a term of four years. They shall be
eligible for re-election if renominated. However, the
terms of nine of the members elected at the first election shall expire at the
end of two years; immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting referred to in
article 30, paragraph 4.
2. Elections at
the expiry of office shall be held in accordance with the preceding articles of
this part of the present Covenant.
Article 33
1. If, in the
unanimous opinion of the other members, a member of the Committee has ceased to
carry out his functions for any cause other than absence of a temporary
character, the Chairman of the Committee shall notify the Secretary-General of
the United Nations, who shall then declare the seat of that member to be
vacant.
2. In the event
of the death or the resignation of a member of the Committee, the Chairman
shall immediately notify the Secretary-General of the United Nations, who shall
declare the seat vacant from the date of death or the date on which the
resignation takes effect.
Article 34
1. When a
vacancy is declared in accordance with article 33 and if the term of office of
the member to be replaced does not expire within six months of the declaration
of the vacancy, the Secretary-General of the United Nations shall notify each
of the States Parties to the present Covenant, which may within two months
submit nominations in accordance with article 29 for the purpose of filling the
vacancy.
2. The
Secretary-General of the United Nations shall prepare a list in alphabetical
order of the persons thus nominated and shall submit it to the States Parties
to the present Covenant. The election to fill the vacancy shall then take place
in accordance with the relevant provisions of this part of the present Covenant.
3. A member of
the Committee elected to fill a vacancy declared in accordance with article 33
shall hold office for the remainder of the term of the member who vacated the
seat on the Committee under the provisions of that article.
Article 35
The members of
the Committee shall, with the approval of the General Assembly of the United
Nations, receive emoluments from United Nations resources on such terms and
conditions as the General Assembly may decide, having regard to the importance
of the Committee's responsibilities.
Article 36
The
Secretary-General of the United Nations shall provide the necessary staff and
facilities for the effective performance of the functions of the Committee
under the present Covenant.
Article 37
1. The
Secretary-General of the United Nations shall convene the initial meeting of
the Committee at the Headquarters of the United Nations.
2. After its
initial meeting, the Committee shall meet at such times as shall be provided in
its rules of procedure.
3. The Committee
shall normally meet at the Headquarters of the United Nations or at the United
Nations Office at Geneva.
Article 38
Every member of
the Committee shall, before taking up his duties, make a solemn declaration in
open committee that he will perform his functions impartially and
conscientiously.
Article 39
1. The Committee
shall elect its officers for a term of two years. They may be re-elected.
2. The Committee
shall establish its own rules of procedure, but these rules shall provide,
inter alia, that:
(a) Twelve members
shall constitute a quorum;
(b) Decisions of
the Committee shall be made by a majority vote of the members present.
Article 40
1. The States
Parties to the present Covenant undertake to submit reports on the measures
they have adopted which give effect to the rights recognized herein and on the
progress made in the enjoyment of those rights:
(a) Within one
year of the entry into force of the present Covenant for the States Parties
concerned;
(b) Thereafter
whenever the Committee so requests.
2.
All reports shall be submitted to the Secretary-General of the United Nations,
who shall transmit them to the Committee for consideration. Reports shall
indicate the factors and difficulties, if any, affecting the implementation of
the present Covenant.
3.
The Secretary-General of the United Nations may, after consultation with the
Committee, transmit to the specialized agencies concerned copies of such parts
of the reports as may fall within their field of competence.
4.
The Committee shall study the reports submitted by the States Parties to the
present Covenant. It shall transmit its reports, and such general comments as
it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the
copies of the reports it has received from States Parties to the present
Covenant.
5.
The States Parties to the present Covenant may submit to the Committee
observations on any comments that may be made in accordance with paragraph 4 of
this article.
Article 41
1. A State Party
to the present Covenant may at any time declare under this article that it
recognizes the competence of the Committee to receive and consider
communications to the effect that a State Party claims that another State Party
is not fulfilling its obligations under the present Covenant. Communications
under this article may be received and considered only if submitted by a State
Party which has made a declaration recognizing in regard to itself the
competence of the Committee. No communication shall be received by the
Committee if it concerns a State Party which has not made such a declaration.
Communications received under this article shall be dealt with in accordance
with the following procedure:
(a) If a State
Party to the present Covenant considers that another State Party is not giving
effect to the provisions of the present Covenant, it may, by written
communication, bring the matter to the attention of that State Party. Within
three months after the receipt of the communication the receiving State shall
afford the State which sent the communication an explanation, or any other
statement in writing clarifying the matter which should include, to the extent
possible and pertinent, reference to domestic procedures and remedies taken, pending,
or available in the matter;
(b) If the
matter is not adjusted to the satisfaction of both States Parties concerned
within six months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the matter to the
Committee, by notice given to the Committee and to the other State;
(c) The
Committee shall deal with a matter referred to it only after it has ascertained
that all available domestic remedies have been invoked and exhausted in the
matter, in conformity with the generally recognized principles of international
law. This shall not be the rule where the application of the remedies is
unreasonably prolonged;
(d) The
Committee shall hold closed meetings when examining communications under this
article;
(e) Subject to
the provisions of subparagraph (c), the Committee shall make available its good
offices to the States Parties concerned with a view to a friendly solution of
the matter on the basis of respect for human rights and fundamental freedoms as
recognized in the present Covenant;
(f) In any
matter referred to it, the Committee may call upon the States Parties
concerned, referred to in subparagraph (b), to supply any relevant information;
(g) The States
Parties concerned, referred to in subparagraph (b), shall have the right to be
represented when the matter is being considered in the Committee and to make
submissions orally and/or in writing;
(h) The
Committee shall, within twelve months after the date of receipt of notice under
subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is
reached, the Committee shall confine its report to a brief statement of the
facts and of the solution reached;
(ii) If a
solution within the terms of subparagraph (e) is not reached, the Committee
shall confine its report to a brief statement of the facts; the written
submissions and record of the oral submissions made by the States Parties
concerned shall be attached to the report. In every matter, the report shall be
communicated to the States Parties concerned.
2.
The provisions of this article shall come into force when ten States Parties to
the present Covenant have made declarations under paragraph I of this article.
Such declarations shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies thereof to
the other States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall not prejudice
the consideration of any matter which is the subject of a communication already
transmitted under this article; no further communication by any State Party
shall be received after the notification of withdrawal of the declaration has
been received by the Secretary-General, unless the State Party concerned has
made a new declaration.
Article 42
1.
(a) If a matter
referred to the Committee in accordance with article 41 is not resolved to the
satisfaction of the States Parties concerned, the Committee may, with the prior
consent of the States Parties concerned, appoint an ad hoc Conciliation
Commission (hereinafter referred to as the Commission). The good offices of the
Commission shall be made available to the States Parties concerned with a view
to an amicable solution of the matter on the basis of respect for the present
Covenant;
(b) The
Commission shall consist of five persons acceptable to the States Parties
concerned. If the States Parties concerned fail to reach agreement within three
months on all or part of the composition of the Commission, the members of the
Commission concerning whom no agreement has been reached shall be elected by
secret ballot by a two-thirds majority vote of the Committee from among its
members.
2.
The members of the Commission shall serve in their personal capacity. They
shall not be nationals of the States Parties concerned, or of a State not Party
to the present Covenant, or of a State Party which has not made a declaration
under article 41.
3.
The Commission shall elect its own Chairman and adopt its own rules of
procedure.
4.
The meetings of the Commission shall normally be held at the Headquarters of
the United Nations or at the United Nations Office at Geneva. However, they may
be held at such other convenient places as the Commission may determine in
consultation with the Secretary-General of the United Nations and the States
Parties concerned.
5.
The secretariat provided in accordance with article 36 shall also service the
commissions appointed under this article.
6.
The information received and collated by the Committee shall be made available
to the Commission and the Commission may call upon the States Parties concerned
to supply any other relevant information. 7. When the Commission has fully
considered the matter, but in any event not later than twelve months after
having been seized of the matter, it shall submit to the Chairman of the
Committee a report for communication to the States Parties concerned:
(a) If the
Commission is unable to complete its consideration of the matter within twelve
months, it shall confine its report to a brief statement of the status of its
consideration of the matter;
(b) If an
amicable solution to the matter on tie basis of respect for human rights as
recognized in the present Covenant is reached, the Commission shall confine its
report to a brief statement of the facts and of the solution reached;
(c) If a
solution within the terms of subparagraph (b) is not reached, the Commission's
report shall embody its findings on all questions of fact relevant to the
issues between the States Parties concerned, and its views on the possibilities
of an amicable solution of the matter. This report shall also contain the
written submissions and a record of the oral submissions made by the States
Parties concerned;
(d) If the
Commission's report is submitted under subparagraph (c), the States Parties
concerned shall, within three months of the receipt of the report, notify the
Chairman of the Committee whether or not they accept the contents of the report
of the Commission.
8.
The provisions of this article are without prejudice to the responsibilities of
the Committee under article 41.
9.
The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by the
Secretary-General of the United Nations.
10.
The Secretary-General of the United Nations shall be empowered to pay the
expenses of the members of the Commission, if necessary, before reimbursement
by the States Parties concerned, in accordance with paragraph 9 of this
article.
Article 43
The members of
the Committee, and of the ad hoc conciliation commissions which may be
appointed under article 42, shall be entitled to the facilities, privileges and
immunities of experts on mission for the United Nations as laid down in the
relevant sections of the Convention on the Privileges and Immunities of the
United Nations.
Article 44
The provisions
for the implementation of the present Covenant shall apply without prejudice to
the procedures prescribed in the field of human rights by or under the
constituent instruments and the conventions of the United Nations and of the
specialized agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling a dispute in
accordance with general or special international agreements in force between
them.
Article 45
The Committee
shall submit to the General Assembly of the United Nations, through the
Economic and Social Council, an annual report on its activities.
PART V
Article 46 .
Nothing in the
present Covenant shall be interpreted as impairing the provisions of the
Charter of the United Nations and of the constitutions of the specialized
agencies which define the respective responsibilities of the various organs of
the United Nations and of the specialized agencies in regard to the matters
dealt with in the present Covenant.
Article 47
Nothing in the
present Covenant shall be interpreted as impairing the inherent right of all
peoples to enjoy and utilize fully and freely their natural wealth and
resources.
PART VI
Article 48
1. The present
Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of
the International Court of Justice, and by any other State which has been
invited by the General Assembly of the United Nations to become a Party to the
present Covenant.
2. The present
Covenant is subject to ratification. Instruments of ratification shall be
deposited with the Secretary-General of the United Nations.
3. The present
Covenant shall be open to accession by any State referred to in paragraph 1 of
this article.
4. Accession
shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.
5. The
Secretary-General of the United Nations shall inform all States which have
signed this Covenant or acceded to it of the deposit of each instrument of
ratification or accession.
Article 49
1. The present
Covenant shall enter into force three months after the date of the deposit with
the Secretary-General of the United Nations of the thirty-fifth instrument of
ratification or instrument of accession.
2. For each
State ratifying the present Covenant or acceding to it after the deposit of the
thirty-fifth instrument of ratification or instrument of accession, the present
Covenant shall enter into force three months after the date of the deposit of
its own instrument of ratification or instrument of accession.
Article 50
The provisions
of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 51
1. Any State
Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General of the United
Nations shall thereupon communicate any proposed amendments to the States
Parties to the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the
purpose of considering and voting upon the proposals. In the event that at
least one third of the States Parties favours such a
conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the
States Parties present and voting at the conference shall be submitted to the
General Assembly of the United Nations for approval.
2. Amendments
shall come into force when they have been approved by the General Assembly of
the United Nations and accepted by a two-thirds majority of the States Parties
to the present Covenant in accordance with their respective constitutional
processes. 3. When amendments come into force, they shall be binding on those
States Parties which have accepted them, other States Parties still being bound
by the provisions of the present Covenant and any earlier amendment which they
have accepted.
Article 52
Irrespective of
the notifications made under article 48, paragraph 5, the Secretary-General of
the United Nations shall inform all States referred to in paragraph I of the
same article of the following particulars:
(a) Signatures,
ratifications and accessions under article 48;
(b) The date of
the entry into force of the present Covenant under article 49 and the date of
the entry into force of any amendments under article 51.
Article 53
1. The present
Covenant, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The
Secretary-General of the United Nations shall transmit certified copies of the
present Covenant to all States referred to in article 48.