Adopted and opened for
signature, ratification and accession by General Assembly resolution 2200A
(XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
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
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 laws 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 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
1.
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.
