Time: Wed Aug 20 04:25:06 1997
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Tue, 19 Aug 1997 21:52:27 -0700 (MST)
Date: Wed, 20 Aug 1997 00:52:17 -0400
Originator: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
To: pmitch@primenet.com
Subject: SLS: International Covenant (2 of 2)
<snip>
>
>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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