Time: Tue Aug 19 12:15:49 1997
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	Tue, 19 Aug 1997 12:11:04 -0700 (MST)
Date: Tue, 19 Aug 1997 14:41:11 -0700
To: Charles Pixley <pix108@frontiernet.net>
From: Paul Andrew Mitchell [address in toolbar]
Subject: SLS: International Covenant (2 of 2)

[part 2 of 2]


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.


International Covenant on Civil & Political Rights: Page 11 of 20

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.




International Covenant on Civil & Political Rights: Page 12 of 20

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.


International Covenant on Civil & Political Rights: Page 13 of 20


                           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.


International Covenant on Civil & Political Rights: Page 14 of 20


                           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.





International Covenant on Civil & Political Rights: Page 15 of 20

     (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;




International Covenant on Civil & Political Rights: Page 16 of 20

     (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;



International Covenant on Civil & Political Rights: Page 17 of 20

     (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


International Covenant on Civil & Political Rights: Page 18 of 20

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.



International Covenant on Civil & Political Rights: Page 19 of 20

                           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.


International Covenant on Civil & Political Rights: Page 20 of 20


========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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As agents of the Most High, we came here to establish justice.  We shall
not leave, until our mission is accomplished and justice reigns eternal.
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