| Resolution 2200A (XXI)
THE GENERAL ASSEMBLY,
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 court may
decide without delay on the lawfulness of his detention and order his release if the
detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.
Article 10
1. All persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity of the human person.
2.
(a) Accused persons shall, save in exceptional
circumstances, be segregated from convicted persons and shall be subject to separate
treatment appropriate to their status as unconvicted persons;
(b) Accused juvenile persons shall be separated from
adults and brought as speedily as possible for adjudication. 3. The penitentiary system
shall comprise treatment of prisoners the essential aim of which shall be their
reformation and social rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.
Article 11
No one shall be imprisoned merely on the ground of
inability to fulfil a contractual obligation.
Article 12
1. Everyone lawfully within the territory of a State
shall, within that territory, have the right to liberty of movement and freedom to choose
his residence.
2. Everyone shall be free to leave any country, including
his own.
3. The above-mentioned rights shall not be subject to any
restrictions except those which are provided by law, are necessary to protect national
security, public order (ordre public), public health or morals or the rights and freedoms
of others, and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to
enter his own country.
Article 13
An alien lawfully in the territory of a State Party to the
present Covenant may be expelled therefrom only in pursuance of a decision reached in
accordance with law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit the reasons against his expulsion and to have his
case reviewed by, and be represented for the purpose before, the competent authority or a
person or persons especially designated by the competent authority.
Article 14
1. All persons shall be equal before the courts and
tribunals. In the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law. The press and the public
may be excluded from all or part of a trial for reasons of morals, public order (ordre
public) or national security in a democratic society, or when the interest of the private
lives of the parties so requires, or to the extent strictly necessary in the opinion of
the court in special circumstances where publicity would prejudice the interests of
justice; but any judgement rendered in a criminal case or in a suit at law shall be made
public except where the interest of juvenile persons otherwise requires or the proceedings
concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the
right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against
him, everyone shall be entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language
which he understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the
preparation of his defence and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in
person or through legal assistance of his own choosing; to be informed, if he does not
have legal assistance, of this right; and to have legal assistance assigned to him, in any
case where the interests of justice so require, and without payment by him in any such
case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against
him and to obtain the attendance and examination of witnesses on his behalf under the same
conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he
cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to
confess guilt.
4. In the case of juvenile persons, the procedure shall be
such as will take account of their age and the desirability of promoting their
rehabilitation.
5. Everyone convicted of a crime shall have the right to
his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of
a criminal offence and when subsequently his conviction has been reversed or he has been
pardoned on the ground that a new or newly discovered fact shows conclusively that there
has been a miscarriage of justice, the person who has suffered punishment as a result of
such conviction shall be compensated according to law, unless it is proved that the
non-disclosure of the unknown fact in time is wholly or partly attributable to him.
7. No one shall be liable to be tried or punished again
for an offence for which he has already been finally convicted or acquitted in accordance
with the law and penal procedure of each country.
Article 15
1 . No one shall be held guilty of any criminal offence on
account of any act or omission which did not constitute a criminal offence, under national
or international law, at the time when it was committed. Nor shall a heavier penalty be
imposed than the one that was applicable at the time when the criminal offence was
committed. If, subsequent to the commission of the offence, provision is made by law for
the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this article shall prejudice the trial and
punishment of any person for any act or omission which, at the time when it was committed,
was criminal according to the general principles of law recognized by the community of
nations.
Article 16
Everyone shall have the right to recognition everywhere as
a person before the law.
Article 17
1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation.
2. Everyone has the right to the protection of the law
against such interference or attacks.
Article 18
1. Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have or to adopt a religion
or belief of his choice, and freedom, either individually or in community with others and
in public or private, to manifest his religion or belief in worship, observance, practice
and teaching.
2. No one shall be subject to coercion which would impair
his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be
subject only to such limitations as are prescribed by law and are necessary to protect
public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of
parents and, when applicable, legal guardians to ensure the religious and moral education
of their children in conformity with their own convictions.
Article 19
1. Everyone shall have the right to hold opinions without
interference.
2. Everyone shall have the right to freedom of expression;
this right shall include freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form of art,
or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2
of this article carries with it special duties and responsibilities. It may therefore be
subject to certain restrictions, but these shall only be such as are provided by law and
are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public
order (ordre public), or of public health or morals.
Article 20
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence shall be prohibited
by law.
Article 21
The right of peaceful assembly shall be recognized. No
restrictions may be placed on the exercise of this right other than those imposed in
conformity with the law and which are necessary in a democratic society in the interests
of national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
Article 22
1. Everyone shall have the right to freedom of association
with others, including the right to form and join trade unions for the protection of his
interests.
2. No restrictions may be placed on the exercise of this
right other than those which are prescribed by law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the rights and
freedoms of others. This article shall not prevent the imposition of lawful restrictions
on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this article shall authorize States Parties
to the International Labour Organisation Convention of 1948 concerning Freedom of
Association and Protection of the Right to Organize to take legislative measures which
would prejudice, or to apply the law in such a manner as to prejudice, the guarantees
provided for in that Convention.
Article 23
1. The family is the natural and fundamental group unit of
society and is entitled to protection by society and the State.
2. The right of men and women of marriageable age to marry
and to found a family shall be recognized.
3. No marriage shall be entered into without the free and
full consent of the intending spouses.
4. States Parties to the present Covenant shall take
appropriate steps to ensure equality of rights and responsibilities of spouses as to
marriage, during marriage and at its dissolution. In the case of dissolution, provision
shall be made for the necessary protection of any children.
Article 24
1. Every child shall have, without any discrimination as
to race, colour, sex, language, religion, national or social origin, property or birth,
the right to such measures of protection as are required by his status as a minor, on the
part of his family, society and the State.
2. Every child shall be registered immediately after birth
and shall have a name.
3. Every child has the right to acquire a nationality.
Article 25
Every citizen shall have the right and the opportunity,
without any of the distinctions mentioned in article 2 and without unreasonable
restrictions:
(a) To take part in the conduct of public affairs,
directly or through freely chosen representatives;
(b) To vote and to be elected at genuine periodic
elections which shall be by universal and equal suffrage and shall be held by secret
ballot, guaranteeing the free expression of the will of the electors;
(c) To have access, on general terms of equality, to
public service in his country.
Article 26
All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination and guarantee to all persons equal and effective
protection against discrimination on any ground such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.
Article 27
In those States in which ethnic, religious or linguistic
minorities exist, persons belonging to such minorities shall not be denied the right, in
community with the other members of their group, to enjoy their own culture, to profess
and practise their own religion, or to use their own language.
PART IV
Article 28
1. There shall be established a Human Rights Committee
(hereafter referred to in the present Covenant as the Committee). It shall consist of
eighteen members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the
States Parties to the present Covenant who shall be persons of high moral character and
recognized competence in the field of human rights, consideration being given to the
usefulness of the participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall
serve in their personal capacity.
Article 29
1 . The members of the Committee shall be elected by
secret ballot from a list of persons possessing the qualifications prescribed in article
28 and nominated for the purpose by the States Parties to the present Covenant.
2. Each State Party to the present Covenant may nominate
not more than two persons. These persons shall be nationals of the nominating State.
3. A person shall be eligible for renomination.
Article 30
1. The initial election shall be held no later than six
months after the date of the entry into force of the present Covenant.
2. At least four months before the date of each election
to the Committee, other than an election to fill a vacancy declared in accordance with
article 34, the Secretary-General of the United Nations shall address a written invitation
to the States Parties to the present Covenant to submit their nominations for membership
of the Committee within three months.
3. The Secretary-General of the United Nations shall
prepare a list in alphabetical order of all the persons thus nominated, with an indication
of the States Parties which have nominated them, and shall submit it to the States Parties
to the present Covenant no later than one month before the date of each election.
4. Elections of the members of the Committee shall be held
at a meeting of the States Parties to the present Covenant convened by the Secretary
General of the United Nations at the Headquarters of the United Nations. At that meeting,
for which two thirds of the States Parties to the present Covenant shall constitute a
quorum, the persons elected to the Committee shall be those nominees who obtain the
largest number of votes and an absolute majority of the votes of the representatives of
States Parties present and voting.
Article 31
1. The Committee may not include more than one national of
the same State.
2. In the election of the Committee, consideration shall
be given to equitable geographical distribution of membership and to the representation of
the different forms of civilization and of the principal legal systems.
Article 32
1. The members of the Committee shall be elected for a
term of four years. They shall be eligible for re-election if renominated. However, the
terms of nine of the members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these nine members shall be
chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.
2. Elections at the expiry of office shall be held in
accordance with the preceding articles of this part of the present Covenant.
Article 33
1. If, in the unanimous opinion of the other members, a
member of the Committee has ceased to carry out his functions for any cause other than
absence of a temporary character, the Chairman of the Committee shall notify the
Secretary-General of the United Nations, who shall then declare the seat of that member to
be vacant.
2. In the event of the death or the resignation of a
member of the Committee, the Chairman shall immediately notify the Secretary-General of
the United Nations, who shall declare the seat vacant from the date of death or the date
on which the resignation takes effect.
Article 34
1. When a vacancy is declared in accordance with article
33 and if the term of office of the member to be replaced does not expire within six
months of the declaration of the vacancy, the Secretary-General of the United Nations
shall notify each of the States Parties to the present Covenant, which may within two
months submit nominations in accordance with article 29 for the purpose of filling the
vacancy.
2. The Secretary-General of the United Nations shall
prepare a list in alphabetical order of the persons thus nominated and shall submit it to
the States Parties to the present Covenant. The election to fill the vacancy shall then
take place in accordance with the relevant provisions of this part of the present
Covenant.
3. A member of the Committee elected to fill a vacancy
declared in accordance with article 33 shall hold office for the remainder of the term of
the member who vacated the seat on the Committee under the provisions of that article.
Article 35
The members of the Committee shall, with the approval of
the General Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide, having regard
to the importance of the Committee's responsibilities.
Article 36
The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective performance of the functions of the
Committee under the present Covenant.
Article 37
1. The Secretary-General of the United Nations shall
convene the initial meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at
such times as shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters
of the United Nations or at the United Nations Office at Geneva.
Article 38
Every member of the Committee shall, before taking up his
duties, make a solemn declaration in open committee that he will perform his functions
impartially and conscientiously.
Article 39
1. The Committee shall elect its officers for a term of
two years. They may be re-elected.
2. The Committee shall establish its own rules of
procedure, but these rules shall provide, inter alia, that:
(a) Twelve members shall constitute a quorum;
(b) Decisions of the Committee shall be made by a majority
vote of the members present.
Article 40
1. The States Parties to the present Covenant undertake to
submit reports on the measures they have adopted which give effect to the rights
recognized herein and on the progress made in the enjoyment of those rights:
(a) Within one year of the entry into force of the present
Covenant for the States Parties concerned;
(b) Thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General
of the United Nations, who shall transmit them to the Committee for consideration. Reports
shall indicate the factors and difficulties, if any, affecting the implementation of the
present Covenant.
3. The Secretary-General of the United Nations may, after
consultation with the Committee, transmit to the specialized agencies concerned copies of
such parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the
States Parties to the present Covenant. It shall transmit its reports, and such general
comments as it may consider appropriate, to the States Parties. The Committee may also
transmit to the Economic and Social Council these comments along with the copies of the
reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit
to the Committee observations on any comments that may be made in accordance with
paragraph 4 of this article.
Article 41
1. A State Party to the present Covenant may at any time
declare under this article that it recognizes the competence of the Committee to receive
and consider communications to the effect that a State Party claims that another State
Party is not fulfilling its obligations under the present Covenant. Communications under
this article may be received and considered only if submitted by a State Party which has
made a declaration recognizing in regard to itself the competence of the Committee. No
communication shall be received by the Committee if it concerns a State Party which has
not made such a declaration. Communications received under this article shall be dealt
with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers
that another State Party is not giving effect to the provisions of the present Covenant,
it may, by written communication, bring the matter to the attention of that State Party.
Within three months after the receipt of the communication the receiving State shall
afford the State which sent the communication an explanation, or any other statement in
writing clarifying the matter which should include, to the extent possible and pertinent,
reference to domestic procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of
both States Parties concerned within six months after the receipt by the receiving State
of the initial communication, either State shall have the right to refer the matter to the
Committee, by notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it
only after it has ascertained that all available domestic remedies have been invoked and
exhausted in the matter, in conformity with the generally recognized principles of
international law. This shall not be the rule where the application of the remedies is
unreasonably prolonged;
(d) The Committee shall hold closed meetings when
examining communications under this article;
(e) Subject to the provisions of subparagraph (c), the
Committee shall make available its good offices to the States Parties concerned with a
view to a friendly solution of the matter on the basis of respect for human rights and
fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call
upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant
information;
(g) The States Parties concerned, referred to in
subparagraph (b), shall have the right to be represented when the matter is being
considered in the Committee and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the
date of receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is
reached, the Committee shall confine its report to a brief statement of the facts and of
the solution reached;
(ii) If a solution within the terms of subparagraph (e) is
not reached, the Committee shall confine its report to a brief statement of the facts; the
written submissions and record of the oral submissions made by the States Parties
concerned shall be attached to the report. In every matter, the report shall be
communicated to the States Parties concerned.
2. The provisions of this article shall come into force
when ten States Parties to the present Covenant have made declarations under paragraph I
of this article. Such declarations shall be deposited by the States Parties with the
Secretary-General of the United Nations, who shall transmit copies thereof to the other
States Parties. A declaration may be withdrawn at any time by notification to the
Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter
which is the subject of a communication already transmitted under this article; no further
communication by any State Party shall be received after the notification of withdrawal of
the declaration has been received by the Secretary-General, unless the State Party
concerned has made a new declaration.
Article 42
1.
(a) If a matter referred to the Committee in accordance
with article 41 is not resolved to the satisfaction of the States Parties concerned, the
Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc
Conciliation Commission (hereinafter referred to as the Commission). The good offices of
the Commission shall be made available to the States Parties concerned with a view to an
amicable solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons
acceptable to the States Parties concerned. If the States Parties concerned fail to reach
agreement within three months on all or part of the composition of the Commission, the
members of the Commission concerning whom no agreement has been reached shall be elected
by secret ballot by a two-thirds majority vote of the Committee from among its members.
2. The members of the Commission shall serve in their
personal capacity. They shall not be nationals of the States Parties concerned, or of a
State not Party to the present Covenant, or of a State Party which has not made a
declaration under article 41.
3. The Commission shall elect its own Chairman and adopt
its own rules of procedure.
4. The meetings of the Commission shall normally be held
at the Headquarters of the United Nations or at the United Nations Office at Geneva.
However, they may be held at such other convenient places as the Commission may determine
in consultation with the Secretary-General of the United Nations and the States Parties
concerned.
5. The secretariat provided in accordance with article 36
shall also service the commissions appointed under this article.
6. The information received and collated by the Committee
shall be made available to the Commission and the Commission may call upon the States
Parties concerned to supply any other relevant information. 7. When the Commission has
fully considered the matter, but in any event not later than twelve months after having
been seized of the matter, it shall submit to the Chairman of the Committee a report for
communication to the States Parties concerned:
(a) If the Commission is unable to complete its
consideration of the matter within twelve months, it shall confine its report to a brief
statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of
respect for human rights as recognized in the present Covenant is reached, the Commission
shall confine its report to a brief statement of the facts and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is
not reached, the Commission's report shall embody its findings on all questions of fact
relevant to the issues between the States Parties concerned, and its views on the
possibilities of an amicable solution of the matter. This report shall also contain the
written submissions and a record of the oral submissions made by the States Parties
concerned;
(d) If the Commission's report is submitted under
subparagraph (c), the States Parties concerned shall, within three months of the receipt
of the report, notify the Chairman of the Committee whether or not they accept the
contents of the report of the Commission.
8. The provisions of this article are without prejudice to
the responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all
the expenses of the members of the Commission in accordance with estimates to be provided
by the Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be
empowered to pay the expenses of the members of the Commission, if necessary, before
reimbursement by the States Parties concerned, in accordance with paragraph 9 of this
article.
Article 43
The members of the Committee, and of the ad hoc
conciliation commissions which may be appointed under article 42, shall be entitled to the
facilities, privileges and immunities of experts on mission for the United Nations as laid
down in the relevant sections of the Convention on the Privileges and Immunities of the
United Nations.
Article 44
The provisions for the implementation of the present
Covenant shall apply without prejudice to the procedures prescribed in the field of human
rights by or under the constituent instruments and the conventions of the United Nations
and of the specialized agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling a dispute in accordance
with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the
United Nations, through the Economic and Social Council, an annual report on its
activities.
PART V
Article 46 .
Nothing in the present Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations and of the constitutions of
the specialized agencies which define the respective responsibilities of the various
organs of the United Nations and of the specialized agencies in regard to the matters
dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as
impairing the inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State
Member of the United Nations or member of any of its specialized agencies, by any State
Party to the Statute of the International Court of Justice, and by any other State which
has been invited by the General Assembly of the United Nations to become a Party to the
present Covenant.
2. The present Covenant is subject to ratification.
Instruments of ratification shall be deposited with the Secretary-General of the United
Nations.
3. The present Covenant shall be open to accession by any
State referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General of the United Nations.
5. The Secretary-General of the United Nations shall
inform all States which have signed this Covenant or acceded to it of the deposit of each
instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three
months after the date of the deposit with the Secretary-General of the United Nations of
the thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or
acceding to it after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument of accession.
Article 50
The provisions of the present Covenant shall extend to all
parts of federal States without any limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General of the United Nations shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they notify
him whether they favour a conference of States Parties for the purpose of considering and
voting upon the proposals. In the event that at least one third of the States Parties
favours such a conference, the Secretary-General shall convene the conference under the
auspices of the United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted to the General Assembly of the
United Nations for approval.
2. Amendments shall come into force when they have been
approved by the General Assembly of the United Nations and accepted by a two-thirds
majority of the States Parties to the present Covenant in accordance with their respective
constitutional processes. 3. When amendments come into force, they shall be binding on
those States Parties which have accepted them, other States Parties still being bound by
the provisions of the present Covenant and any earlier amendment which they have accepted.
Article 52
Irrespective of the notifications made under article 48,
paragraph 5, the Secretary-General of the United Nations shall inform all States referred
to in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article
48;
(b) The date of the entry into force of the present
Covenant under article 49 and the date of the entry into force of any amendments under
article 51.
Article 53
1. The present Covenant, of which the Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be deposited in the
archives of the United Nations.
2. The Secretary-General of the United Nations shall
transmit certified copies of the present Covenant to all States referred to in article 48.
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