International Covenant on Civil and Political Rights
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.
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PART II
Article 2
1. Each State Party to the present Covenant undertakes to
respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
2. Where not already provided for by existing legislative or
other measures, each State Party to the present Covenant
undertakes to take the necessary steps, in accordance with its
constitutional processes and with the provisions of the present
Covenant, to adopt such legislative or other measures as may be
necessary to give effect to the rights recognized in the present
Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein
recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by
persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have
his right thereto determined by competent judicial,
administrative or legislative authorities, or by any other
competent authority provided for by the legal system of the
State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such
remedies when granted.
Article 3
The States Parties to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all civil
and political rights set forth in the present Covenant.
Article 4
1. In time of public emergency which threatens the life of the
nation and the existence of which is officially proclaimed, the
States Parties to the present Covenant may take measures
derogating from their obligations under the present Covenant to
the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other
obligations under international law and do not involve
discrimination solely on the ground of race, colour, sex,
language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2),
11, 15, 16 and 18 may be made under this provision.
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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.
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6. Nothing in this article shall be invoked to delay or to
prevent the abolition of capital punishment by any State Party to
the present Covenant.
Article 7
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. In particular, no one shall
be subjected without his free consent to medical or scientific
experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade
in all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or
compulsory labour
(b) Paragraph 3 (a) shall not be held to preclude, in
countries where imprisonment with hard labour may be
imposed as a punishment for a crime, the performance of
hard labour in pursuance of a sentence to such
punishment by a competent court.
(c) For the purpose of this paragraph the term "forced or
compulsory labour" shall not include:
(i) Any work or service, not referred to in sub-
paragraph (b), normally required of a person who
is under detention in consequence of a lawful
order of a court, or of a person during
conditional release from such detention;
(ii) Any service of a military character and, in
countries where conscientious objection is
recognized, any national service required by law
of conscientious objectors;
(iii) Any service exacted in cases of emergency or
calamity threatening the life or well-being of the
community;
(iv) Any work or service which forms part of normal
civil obligations.
Article 9
1. Everyone has the right to liberty and security of person.
No one shall be subjected to arbitrary arrest or detention. No
one shall be deprived of his liberty except on such grounds and
in accordance with such procedure as are established by law.
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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.
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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;
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(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
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of the offence, provision is made by law for the imposition of a
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,
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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.
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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.
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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.
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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 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.
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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.
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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.
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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 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.
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(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 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 1 of this article. Such declarations shall be
deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other
States Parties. A declaration may be withdrawn at any time by
notification to the Secretary-General. Such a withdrawal shall
not prejudice the consideration of any matter which is the
subject of a communication already transmitted under this
article; no further communication by any State Party shall be
received after the notification of withdrawal of the declaration
has been received by the Secretary-General, unless the State
Party concerned had 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;
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(b) The Commission shall consist of five persons acceptable
to the States Parties concerned. If the States Parties
concerned fail to reach agreement within three months
on all or part of the composition of the Commission the
members of the Commission concerning whom no agreement
has been reached shall be elected by secret ballot by a
two-thirds majority vote of the Committee from among
its members.
2. The members of the Commission shall serve in their personal
capacity. They shall not be nationals of the States Parties
concerned, or of a State not party to the present Covenant, or of
a State Party which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its
own rules of procedure.
4. The meetings of the Commission shall normally be held at the
Headquarters of the United Nations or at the United Nations
Office at Geneva. However, they may be held at such other
convenient places as the Commission may determine in consultation
with the Secretary-General of the United Nations and the States
Parties concerned.
5. The secretariat provided in accordance with article 36 shall
also service the commissions appointed under this article.
6. The information received and collated by the Committee shall
be made available to the Commission and the Commission may call
upon the States Parties concerned to supply any other relevant
information.
7. When the Commission has fully considered the matter, but in
any event not later than twelve months after having been seized
of the matter, it shall submit to the Chairman of the Committee a
report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its
consideration of the matter within twelve months, it
shall confine its report to a brief statement of the
status of its consideration of the matter;
(b) If an amicable solution to the matter on the basis of
respect for human rights as recognized in the present
Covenant is reached, the Commission shall confine its
report to a brief statement of the facts and of the
solution reached;
(c) If a solution within the terms of sub-paragraph (b) is
not reached, the Commission's report shall embody its
findings on all questions of fact relevant to the
issues between the States Parties concerned, and its
views on the possibilities of an amicable solution of
the matter. This report shall also contain the written
submissions and a record of the oral submissions made
by the States Parties concerned;
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(d) If the Commission's report is submitted under sub-
paragraph (c), the States Parties concerned shall,
within three months of the receipt of the report,
notify the Chairman of the Committee whether or not
they accept the contents of the report of the
Commission.
8. The provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all the
expenses of the members of the Commission in accordance with
estimates to be provided by the Secretary-General of the United
Nations.
10. The Secretary-General of the United Nations shall be
empowered to pay the expenses of the members of the Commission,
if necessary, before reimbursement by the States Parties
concerned, in accordance with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation
commissions which may be appointed under article 42, shall be
entitled to the facilities, privileges and immunities of experts
on mission for the United Nations as laid down in the relevant
sections of the Convention on the Privileges and Immunities of
the United Nations.
Article 44
The provisions for the implementation of the present Covenant
shall apply without prejudice to the procedures prescribed in the
field of human rights by or under the constituent instruments and
the conventions of the United Nations and of the specialized
agencies and shall not prevent the States Parties to the present
Covenant from having recourse to other procedures for settling a
dispute in accordance with general or special international
agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social Council, an annual
report on its activities.
PART V
Article 46
Nothing in the present Covenant shall be interpreted as impairing
the provisions of the Charter of the United Nations and of the
constitutions of the specialized agencies which define the
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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.
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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 1 of the same article
of the following particulars:
(a) Signatures, ratifications and accessions under article
48;
(b) The date of the entry into force of the present
Covenant under article 49 and the date of the entry
into force of any amendments under article 51.
Article 53
1. The present Covenant, of which the Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit
certified copies of the present Covenant to all States referred
to in article 48.
IN FAITH WHEREOF the undersigned, being duly authorized thereto
by their respective Governments, have signed the present
Covenant, opened for signature at New York, on the nineteenth day
of December, one thousand nine hundred and sixty-six.
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