THE UNITED NATIONS GENERAL ASSEMBLY RESOLUTION 2200 A(XXI) OF
16 DECEMBER 1966
23 March 1976
PREAMBLE
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace
in the world,
Recognizing that these rights derive from the inherent dignity
of the human person,
Recognizing that, in accordance with the Universal Declaration
of Human Rights, the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can only be achieved
if conditions are created whereby everyone may enjoy his civil and
political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human
rights and freedoms,
Realizing that the individual, having duties to other individuals
and to the community to which he belongs is under a responsibility
to strive for the promotion and observance of the rights recognized
in the present Covenant,
Agree upon the following articles:
PART I
Article I
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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.
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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.
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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
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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.
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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.
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Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy, notwithstanding
that the violation has been committed by persons acting in an official
capacity;
(b) To ensure that any person claiming such a remedy shall have
his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the
possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such
remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all civil and
political rights set forth in the present Covenant.
Article 4
In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, the
States Parties to the present Covenant may take measures derogating
from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided
that such measures are not inconsistent with their other obligations
under international law and do not involve discrimination solely
on the ground of race, colour, sex, language, religion or social
origin.
No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11,
15, 16 and 18 may be made under this provision.
Any State Party to the present Covenant availing itself of the
right of derogation shall immediately inform the other States
Parties to the present Covenant, through the intermediary of the
Secretary-General of the United Nations, of the provisions from
which it has derogated and of the reasons by which it was actuated.
A further communication shall be made, through the same intermediary,
on the date on which it terminates such derogation.
Article 5
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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.
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There shall be no restriction upon or derogation from any of
the fundamental human rights recognized or existing in any State
Party to the present Covenant pursuant to law, conventions, regulations
or custom on the pretext that the present Covenant does not recognize
such rights or that it recognizes them to a lesser extent.
PART III
Article 6
Every human being has the inherent right to life. This right
shall be protected by law. No one shall be arbitrarily deprived
of his life.
In countries which have not abolished the death penalty, sentence
of death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime
and not contrary to the provisions of the present Covenant and to
the Convention on the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a final
judgment rendered by a competent court.
When deprivation of life constitutes the crime of genocide,
it is understood that nothing in this article shall authorize any
State Party to the present Covenant to derogate in any way from
any obligation assumed under the provisions of the Convention on
the Prevention and Punishment of the Crime of Genocide.
Anyone sentenced to death shall have the right to seek pardon
or commutation of the sentence. Amnesty, pardon or commutation of
the sentence of death may be granted in all cases.
Sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age and shall not be carried
out on pregnant women.
Nothing in this article shall be invoked to delay or to prevent
the abolition of capital punishment by any State Party to the present
Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment. In particular, no one shall be subjected
without his free consent to medical or scientific experimentation.
Article 8
No one shall be held in slavery; slavery and the slave-trade
in all their forms shall be prohibited.
No one shall be held in servitude.
(a) No one shall be required to perform forced or compulsory
labour;
(b) Paragraph 3 (a) shall not be held to preclude, in countries
where imprisonment with hard labour may be imposed as a punishment
for a crime, the performance of hard labour in pursuance of a sentence
to such punishment by a competent court;
(c) For the purpose of this paragraph the term "forced or
compulsory labour" shall not include:
(i) Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a
lawful order of a court, or of a person during conditional release
from such detention;
(ii) Any service of a military character and, in countries where
conscientious objection is recognized, any national service required
by law of conscientious objectors;
(iii) Any service exacted in cases of emergency or calamity threatening
the life or well-being of the community;
(iv) Any work or service which forms part of normal civil obligations.
Article 9
Everyone has the right to liberty and security of person. No
one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of his liberty except on such grounds and in accordance
with such procedure as are established by law.
Anyone who is arrested shall be informed, at the time of arrest,
of the reasons for his arrest and shall be promptly informed of
any charges against him.
Anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable
time or to release. It shall not be the general rule that persons
awaiting trial shall be detained in custody, but release may be
subject to guarantees to appear for trial, at any other stage of
the judicial proceedings, and, should occasion arise, for execution
of the judgement.
Anyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings before a court, in order that
that court may decide without delay on the lawfulness of his detention
and order his release if the detention is not lawful.
Anyone who has been the victim of unlawful arrest or detention
shall have an enforceable right to compensation.
Article 10
All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human
person.
(a) Accused persons shall, save in exceptional circumstances,
be segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication.
The penitentiary system shall comprise treatment of prisoners
the essential aim of which shall be their reformation and social
rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation.
Article 12
Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and freedom
to choose his residence.
Everyone shall be free to leave any country, including his own.
The above-mentioned rights shall not be subject to any restrictions
except those which are provided by law, are necessary to protect
national security, public order (ordre public), public health or
morals or the rights and freedoms of others, and are consistent
with the other rights recognized in the present Covenant.
No one shall be arbitrarily deprived of the right to enter his
own country.
Article 13
An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision
reached in accordance with law and shall, except where compelling
reasons of national security otherwise require, be allowed to submit
the reasons against his expulsion and to have his case reviewed
by, and be represented for the purpose before, the competent authority
or a person or persons especially designated by the competent authority.
Article 14
All persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of
his rights and obligations in a suit at law, everyone shall be
entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law. The press and the public
may be excluded from all or part of a trial for reasons of morals,
public order (ordre public) or national security in a democratic
society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion
of the court in special circumstances where publicity would prejudice
the interests of justice; but any judgement rendered in a criminal
case or in a suit at law shall be made public except where the
interest of juvenile persons otherwise requires or the proceedings
concern matrimonial disputes or the guardianship of children.
Everyone charged with a criminal offence shall have the right
to be presumed innocent until proved guilty according to law.
In the determination of any criminal charge against him, everyone
shall be entitled to the following minimum guarantees, in full
equality:
(a) To be informed promptly and in detail in a language which
he understands of the nature and cause of the charge against
him;
(b) To have adequate time and facilities for the preparation
of his defence and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person
or through legal assistance of his own choosing; to be informed,
if he does not have legal assistance, of this right; and to
have legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him
in any such case if he does not have sufficient means to pay
for it;
(e) To examine, or have examined, the witnesses against him
and to obtain the attendance and examination of witnesses on
his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot
understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess
guilt.
In the case of juvenile persons, the procedure shall be such
as will take account of their age and the desirability of promoting
their rehabilitation.
Everyone convicted of a crime shall have the right to his conviction
and sentence being reviewed by a higher tribunal according to
law.
When a person has by a final decision been convicted of a criminal
offence and when subsequently his conviction has been reversed
or he has been pardoned on the ground that a new or newly discovered
fact shows conclusively that there has been a miscarriage of justice,
the person who has suffered punishment as a result of such conviction
shall be compensated according to law, unless it is proved that
the non-disclosure of the unknown fact in time is wholly or partly
attributable to him.
- No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or acquitted
in accordance with the law and penal procedure of each country.
Article 15
- No one shall be held guilty of any criminal offence on account
of any act or omission which did not constitute a criminal offence,
under national or international law, at the time when it was committed.
Nor shall a heavier penalty be imposed than the one that was applicable
at the time when the criminal offence was committed. If, subsequent
to the commission of the offence, provision is made by law for
the imposition of the lighter penalty, the offender shall benefit
thereby.
- Nothing in this article shall prejudice the trial and punishment
of any person for any act or omission which, at the time when
it was committed, was criminal according to the general principles
of law recognized by the community of nations.
Article 16
Everyone shall have the right to recognition everywhere as a person
before the law.
Article 17
No one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful
attacks on his honour and reputation.
Everyone has the right to the protection of the law against
such interference or attacks.
Article 18
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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.
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No one shall be subject to coercion which would impair his
freedom to have or to adopt a religion or belief of his choice.
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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.
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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
Any propaganda for war shall be prohibited by law.
Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited
by law.
Article 21
The right of peaceful assembly shall be recognized. No restrictions
may be placed on the exercise of this right other than those imposed
in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety,
public order (ordre public), the protection of public health or
morals or the protection of the rights and freedoms of others.
Article 22
Everyone shall have the right to freedom of association with
others, including the right to form and join trade unions for the
protection of his interests.
No restrictions may be placed on the exercise of this right
other than those which are prescribed by law and which are necessary
in a democratic society in the interests of national security or
public safety, public order (ordre public), the protection of public
health or morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful
restrictions on members of the armed forces and of the police in
their exercise of this right.
Nothing in this article shall authorize States Parties to the
International Labour Organisation Convention of 1948 concerning
Freedom of Association and Protection of the Right to Organize to
take legislative measures which would prejudice, or to apply the
law in such a manner as to prejudice the guarantees provided for
in that Convention.
Article 23
The family is the natural and fundamental group unit of society
and is entitled to protection by society and the State.
The right of men and women of marriageable age to marry and
to found a family shall be recognized.
No marriage shall be entered into without the free and full
consent of the intending spouses.
States Parties to the present Covenant shall take appropriate
steps to ensure equality of rights and responsibilities of spouses
as to marriage, during marriage and at its dissolution. In the
case of dissolution, provision shall be made for the necessary
protection of any children.
Article 24
Every child shall have, without any discrimination as to race,
colour, sex, language, religion, national or social origin, property
or birth, the right to such measures of protection as are required
by his status as a minor, on the part of his family, society and
the State.
Every child shall be registered immediately after birth and
shall have a name.
Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity, without
any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs, directly
or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic elections
which shall be by universal and equal suffrage and shall be held
by secret ballot, guaranteeing the free expression of the will
of the electors;
(c) To have access, on general terms of equality, to public
service in his country.
Article 26
All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect,
the law shall prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on any ground
such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Article 27
In those States in which ethnic, religious or linguistic minorities
exist, persons belonging to such minorities shall not be denied
the right, in community with the other members of their group,
to enjoy their own culture, to profess and practise their own
religion, or to use their own language.
PART IV
Article 28
There shall be established a Human Rights Committee (hereafter
referred to in the present Covenant as the Committee). It shall
consist of eighteen members and shall carry out the functions hereinafter
provided.
The Committee shall be composed of nationals of the States Parties
to the present Covenant who shall be persons of high moral character
and recognized competence in the field of human rights, consideration
being given to the usefulness of the participation of some persons
having legal experience.
A person shall be eligible for renomination.
Article 29
The members of the Committee shall be elected by secret ballot
from a list of persons possessing the qualifications prescribed
in article 28 and nominated for the purpose by the States Parties
to the present Covenant.
Each State Party to the present Covenant may nominate not
more than two persons. These persons shall be nationals of the
nominating State.
A person shall be eligible for renomination.
Article 30
The initial election shall be held no later than six months
after the date of the entry into force of the present Covenant.
At least four months before the date of each election to
the Committee, other than an election to fill a vacancy declared
in accordance with article 34, the Secretary-General of the United
Nations shall address a written invitation to the States Parties
to the present Covenant to submit their nominations for membership
of the Committee within three months.
The Secretary-General of the United Nations shall prepare
a list in alphabetical order of all the persons thus nominated,
with an indication of the States Parties which have nominated
them, and shall submit it to the States Parties to the present
Covenant no later than one month before the date of each election.
Elections of the members of the Committee shall be held at
a meeting of the States Parties to the present Covenant convened
by the Secretary-General of the United Nations at the Headquarters
of the United Nations. At that meeting, for which two thirds of
the States Parties to the present Covenant shall constitute a
quorum, the persons elected to the Committee shall be those nominees
who obtain the largest number of votes and an absolute majority
of the votes of the representatives of States Parties present
and voting.
Article 31
The Committee may not include more than one national of the
same State.
In the election of the Committee, consideration shall be given
to equitable geographical distribution of membership and to the
representation of the different forms of civilization and of the
principal legal systems.
Article 32
The members of the Committee shall be elected for a term of
four years. They shall be eligible for re-election if renominated.
However, the terms of nine of the members elected at the first election
shall expire at the end of two years; immediately after the first
election, the names of these nine members shall be chosen by lot
by the Chairman of the meeting referred to in article 30, paragraph
4.
Elections at the expiry of office shall be held in accordance
with the preceding articles of this part of the present Covenant.
Article 33
If, in the unanimous opinion of the other members, a member of
the Committee has ceased to carry out his functions for any cause
other than absence of a temporary character, the Chairman of the
Committee shall notify the Secretary-General of the United Nations,
who shall then declare the seat of that member to be vacant.
In the event of the death or the resignation of a member of the
Committee, the Chairman shall immediately notify the Secretary-General
of the United Nations, who shall declare the seat vacant from the
date of death or the date on which the resignation takes effect.
Article 34
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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.
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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.
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A member of the Committee elected to fill a vacancy declared
in accordance with article 33 shall hold office for the remainder
of the term of the member who vacated the seat on the Committee
under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may
decide, having regard to the importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions
of the Committee under the present Covenant.
Article 37
The Secretary-General of the United Nations shall convene the
initial meeting of the Committee at the Headquarters of the United
Nations.
After its initial meeting, the Committee shall meet at such times
as shall be provided in its rules of procedure.
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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
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The Committee shall elect its officers for a term of two years.
They may be re-elected.
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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
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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.
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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.
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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.
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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.
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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
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A State Party to the present Covenant may at any time declare
under this article that it recognizes the competence of the
Committee to receive and consider communications to the effect
that a State Party claims that another State Party is not fulfilling
its obligations under the present Covenant. Communications under
this article may be received and considered only if submitted
by a State Party which has made a declaration recognizing in
regard to itself the competence of the Committee. No communication
shall be received by the Committee if it concerns a State Party
which has not made such a declaration. Communications received
under this article shall be dealt with in accordance with the
following procedure:
(a) If a State Party to the present Covenant considers that another
State Party is not giving effect to the provisions of the present
Covenant, it may, by written communication, bring the matter to
the attention of that State Party. Within three months after the
receipt of the communication the receiving State shall afford
the State which sent the communication an explanation, or any
other statement in writing clarifying the matter which should
include, to the extent possible and pertinent, reference to domestic
procedures and remedies taken, pending, or available in the matter.
(b) If the matter is not adjusted to the satisfaction of both
States Parties concerned within six months after the receipt by
the receiving State of the initial communication, either State
shall have the right to refer the matter to the Committee, by
notice given to the Committee and to the other State.
(c) The Committee shall deal with a matter referred to it only
after it has ascertained that all available domestic remedies
have been invoked and exhausted in the matter, in conformity with
the generally recognized principles of international law. This
shall not be the rule where the application of the remedies is
unreasonably prolonged.
(d) The Committee shall hold closed meetings when examining communications
under this article.
(e) Subject to the provisions of sub-paragraph (c), the Committee
shall make available its good offices to the States Parties concerned
with a view to a friendly solution of the matter on the basis
of respect for human rights and fundamental freedoms as recognized
in the present Covenant.
(f) In any matter referred to it, the Committee may call upon
the States Parties concerned, referred to in sub-paragraph (b),
to supply any relevant information.
(g) The States Parties concerned, referred to in sub-paragraph
(b), shall have the right to be represented when the matter is
being considered in the Committee and to make submissions orally
and/or in writing.
(h) The Committee shall, within twelve months after the date
of receipt of notice under sub-paragraph (b), submit a report:
(i) If a solution within the terms of sub-paragraph (e) is reached,
the Committee shall confine its report to a brief statement of
the facts and of the solution reached;
(ii) If a solution within the terms of sub-paragraph (e) is not
reached, the Committee
Article 42
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(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.
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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.
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The Commission shall elect its own Chairman and adopt its own
rules of procedure.
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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.
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The secretariat provided in accordance with article 36 shall
also service the commissions appointed under this article.
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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.
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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.
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The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
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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.
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The Secretary-General of the United Nations shall be empowered
to pay the expenses of the members of the Commission, if necessary,
before reimbursement by the States Parties concerned, in accordance
with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions
which may be appointed under article 42, shall be entitled to the
facilities, privileges and immunities of experts on mission for
the United Nations as laid down in the relevant sections of the
Convention on the Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall
apply without prejudice to the procedures prescribed in the field
of human rights by or under the constituent instruments and the
conventions of the United Nations and of the specialized agencies
and shall not prevent the States Parties to the present Covenant
from having recourse to other procedures for settling a dispute
in accordance with general or special international agreements in
force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual report
on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the constitutions
of the specialized agencies which define the respective responsibilities
of the various organs of the United Nations and of the specialized
agencies in regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth
and resources.
Article 48
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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.
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The present Covenant is subject to ratification. Instruments
of ratification shall be deposited with the Secretary-General
of the United Nations.
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The present Covenant shall be open to accession by any State
referred to in paragraph 1 of this article.
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Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United Nations.
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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
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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.
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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
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Any State Party to the present Covenant may propose an amendment
and file it with the Secretary-General of the United Nations.
The Secretary-General of the United Nations shall thereupon
communicate any proposed amendments to the States Parties to
the present Covenant with a request that they notify him whether
they favour a conference of States Parties for the purpose of
considering and voting upon the proposals. In the event that
at least one third of the States Parties favours such a conference,
the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority
of the States Parties present and voting at the conference shall
be submitted to the General Assembly of the United Nations for
approval. -
Amendments shall come into force when they have been approved
by the General Assembly of the United Nations and accepted by
a two-thirds majority of the States Parties to the present Covenant
in accordance with their respective constitutional processes.
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When amendments come into force, they shall be binding on those
States Parties which have accepted them, other States Parties
still being bound by the provisions of the present Covenant
and any earlier amendment which they have accepted.
Article 52
Irrespective of the notifications made under article 48, paragraph
5, the Secretary-General of the United Nations shall inform all
States referred to in paragraph 1 of the same article of the following
particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under
article 49 and the date of the entry into force of any amendments
under article 51.
Article 53
The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited
in the archives of the United Nations.
The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred
to in article 48.
International Covenant on Civil and Political Rights
Entered into force: 23 March 1976, in accordance with article 49,
for all provisions except those of article 41; 28 March 1979 for
the provisions of article 41 (Human Rights Committee), in accordance
with paragraph 2 of the said article 41.
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