The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and
to the community to which he belongs, is under a responsibility to strive
for the promotion and observance of the rights recognized in the present
Covenant,
Agree upon the following articles:
PART I
Article 1
1. All peoples have the right of self-determination.
By virtue of that right they freely determine their political status and
freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely
dispose of their natural wealth and resources without prejudice to any
obligations arising out of international economic co-operation, based upon
the principle of mutual benefit, and international law. In no case
may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant,
including those having responsibility for the administration of Non-Self-Governing
and Trust Territories, shall promote the realization of the right of self-
determination, and shall respect that right, in conformity with the provisions
of the Charter of the United Nations.
PART II
Article 2
1. Each State Party to the present Covenant
undertakes to respect and to ensure to all individuals within its territory
and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth
or other status.
2. Where not already provided for by existing
legislative or other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to adopt such
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
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-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 sub-paragraph (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 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 practice 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 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;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 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.
(ii) If a solution within the terms of sub-paragraph (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.
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 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 (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
within 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. Ammendments shall come into force when they have been approved by
the General Assembly of the United NNations and accepted by a two-thirds
majority of the States Parties to the present Covenant in accordance with
their respective constitutional processes.
3. When ammendments 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.