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