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Sovereign Law Series

New York “International
Covenant on Civil and Political
Rights” of 1966


Short-Form Reference:

1976 “Covenant on Civil & Political Rights”

In-Line Micro Reference:

1976 “Civil & Political Rights”

Ratification / Registration:

UN-GA Res. 2200-A (XXI) New York (16 Dec 1966)


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Introductory Notes by the Independent Judiciary

Download Sovereign Law Series – This “Sovereign Law Series” is presented by the
Sovereign Court of International Justice (SCIJ), as a proprietary system for standardized
reference and effective use of international law sources. It provides primary sources
of the modern framework of “conventional international law”, which contains
provisions to invoke “customary international law” which is the “Common Law”.
Download the “Intro & Index” (with links to all documents in the collection) here:

Introduction & Index

Independence from the UN – The United Nations (UN) is not a “world government”,
and has no authority for any type of “global governance”: The UN is prohibited to
interfere with self-determination of peoples or sovereignty of States (UN Charter,
Articles 1.2, 2.1, 2.7), and is liable for any of its own violations of international law and
rights (2012 Declaration on Rule of Law, Article 2). The UN is not a “world
parliament”, and has no authority to enact any form of “legislation”: The UN General
Assembly (GA) is only a forum for States to codify and declare general recognition of
rights and doctrines of international law (UN Charter, Article 13.1).

Reclaiming Law and Rights – The UN has no authority to “own” or “control”
international law: All the conventions actually belong to the Peoples of the Nations,
and the UN is only authorized to register and publish them (1969 Law of Treaties,
Articles 1(e), 76.1, 80; UN Charter, Article 102). Once a convention recognizes “rights”,
those “may not be revoked or modified” (1969 Law of Treaties, Articles 36.1, 37.2),
and “become binding upon” all States as “customary rules of international law” which
are “recognized” by that convention (Article 38). Therefore, all law and rights
evidenced in conventions belong to the People, and can be invoked by the People and
enforced by the Independent Judiciary, in perpetuity.

Words of Rights in Red – Operative words and phrases most effective for invoking and
enforcing Rights, which are the most used by Barristers and Judges, are printed in Red
font for ease of visual reference. Some key words may be underlined for emphasis.

Commentary in Green – [Expert commentary from Barristers and Judges may be
added in Green font, in Brackets, to guide effective use to assert and enforce rights.]



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Official Text of this Law Source as Ratified

International Covenant on Civil and Political Rights

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
cooperation, based upon the principle of mutual benefit, and international law. In no
case may a people be deprived of its own means of subsistence.
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3.
The States Parties to the present Covenant, including those having responsibility
for the administration of Non-Self-Governing and Trust Territories, shall promote the
realization of the right of self-determination, and shall respect that right, in conformity
with the provisions of the Charter of the United Nations.

PART II

Article 2

1.
Each State Party to the present Covenant undertakes to respect and to ensure
to all individuals within its territory and subject to its jurisdiction the rights recognized
in the present Covenant, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status.

2. Where not already provided for by existing legislative or other measures, each
State Party to the present Covenant undertakes to take the necessary steps, in
accordance with its constitutional processes and with the provisions of the present
Covenant, to adopt such laws or other measures as may be necessary to give effect to
the rights recognized in the present Covenant.

3.
Each State Party to the present Covenant undertakes:

(a)
To ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;

(b)
To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative authorities, or
by any other competent authority provided for by the legal system of the State, and to
develop the possibilities of judicial remedy;

(c)
To ensure that the competent authorities shall enforce such remedies
when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men
and women to the enjoyment of all civil and political rights set forth in the present
Covenant.


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Article 4

1.
In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed, the States Parties to the present Covenant
may take measures derogating from their obligations under the present Covenant to
the extent strictly required by the exigencies of the situation, provided that such
measures are not inconsistent with their other obligations under international law and
do not involve discrimination solely on the ground of race, colour, sex, language,
religion or social origin.

2.
No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may
be made under this provision.

3.
Any State Party to the present Covenant availing itself of the right of derogation
shall immediately inform the other States Parties to the present Covenant, through
the intermediary of the Secretary-General of the United Nations, of the provisions
from which it has derogated and of the reasons by which it was actuated. A further
communication shall be made, through the same intermediary, on the date on which it
terminates such derogation.

Article 5

1.
Nothing in the present Covenant may be interpreted as implying for any State,
group or person any right to engage in any activity or perform any act aimed at the
destruction of any of the rights and freedoms recognized herein or at their limitation
to a greater extent than is provided for in the present Covenant.

2.
There shall be no restriction upon or derogation from any of the fundamental
human rights recognized or existing in any State Party to the present Covenant
pursuant to law, conventions, regulations or custom on the pretext that the present
Covenant does not recognize such rights or that it recognizes them to a lesser extent.



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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.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]

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.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]



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Article 8

1.
No one shall be held in slavery; slavery and the slave-trade in all their forms
shall be prohibited.

2.
No one shall be held in servitude.

3.
(a) No one shall be required to perform forced or compulsory labour;

(b)
Paragraph 3 (a) shall not be held to preclude, in countries where
imprisonment with hard labour may be imposed as a punishment for a crime, the
performance of hard labour in pursuance of a sentence to such punishment by a
competent court;

(c)
For the purpose of this paragraph the term "forced or compulsory labour"
shall not include:

(i)
Any work or service, not referred to in subparagraph (b), normally
required of a person who is under detention in consequence of a lawful order of
a court, or of a person during conditional release from such detention;

(ii)
Any service of a military character and, in countries where
conscientious objection is recognized, any national service required by law of
conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening
the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]



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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 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.



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Article 11

No one shall be imprisoned merely on the ground of inability to fulfill a contractual
obligation.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]

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.



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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.
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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.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]



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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.

[This right cannot be suspended even for any “public emergency” (Article 4.2)]

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:

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(a)
For respect of the rights or reputations of others;

(b)
For the protection of national security or of public order (ordre public), or
of public health or morals.

Article 20

1.
Any propaganda for war shall be prohibited by law.

2.
Any advocacy of national, racial or religious hatred that constitutes incitement
to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on
the exercise of this right other than those imposed in conformity with the law and
which are necessary in a democratic society in the interests of national security or
public safety, public order (ordre public), the protection of public health or morals or
the protection of the rights and freedoms of others.

Article 22

1.
Everyone shall have the right to freedom of association with others, including
the right to form and join trade unions for the protection of his interests.

2.
No restrictions may be placed on the exercise of this right other than those
which are prescribed by law and which are necessary in a democratic society in the
interests of national security or public safety, public order (ordre public), the
protection of public health or morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of lawful restrictions on members
of the armed forces and of the police in their exercise of this right.

3.
Nothing in this article shall authorize States Parties to the International Labour
Organisation Convention of 1948 concerning Freedom of Association and Protection of
the Right to Organize to take legislative measures which would prejudice, or to apply
the law in such a manner as to prejudice, the guarantees provided for in that
Convention.



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Article 23

1.
The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.

2.
The right of men and women of marriageable age to marry and to found a
family shall be recognized.

3.
No marriage shall be entered into without the free and full consent of the
intending spouses.

4.
States Parties to the present Covenant shall take appropriate steps to ensure
equality of rights and responsibilities of spouses as to marriage, during marriage and at
its dissolution. In the case of dissolution, provision shall be made for the necessary
protection of any children.

Article 24

1.
Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the right to such
measures of protection as are required by his status as a minor, on the part of his
family, society and the State.

2.
Every child shall be registered immediately after birth and shall have a name.

3.
Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions
mentioned in Article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen
representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by
universal and equal suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors;

(c)
To have access, on general terms of equality, to public service in his country.


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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.


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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.

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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.

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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.

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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;

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(b)
If the matter is not adjusted to the satisfaction of both States Parties
concerned within six months after the receipt by the receiving State of the initial
communication, either State shall have the right to refer the matter to the Committee,
by notice given to the Committee and to the other State;

(c)
The Committee shall deal with a matter referred to it only after it has
ascertained that all available domestic remedies have been invoked and exhausted in
the matter, in conformity with the generally recognized principles of international law.
This shall not be the rule where the application of the remedies is unreasonably
prolonged;

(d) The Committee
shall hold
closed meetings when examining
communications under this Article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make
available its good offices to the States Parties concerned with a view to a friendly
solution of the matter on the basis of respect for human rights and fundamental
freedoms as recognized in the present Covenant;

(f)
In any matter referred to it, the Committee may call upon the States
Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have
the right to be represented when the matter is being considered in the Committee and
to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of
notice under subparagraph (b), submit a report:

(i)
If a solution within the terms of subparagraph (e) is reached, the
Committee shall confine its report to a brief statement of the facts and of the
solution reached;

(ii)
If a solution within the terms of subparagraph (e) is not reached,
the Committee shall confine its report to a brief statement of the facts; the
written submissions and record of the oral submissions made by the States
Parties concerned shall be attached to the report. In every matter, the report
shall be communicated to the States Parties concerned.

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2.
The provisions of this article shall come into force when ten States Parties to the
present Covenant have made declarations under paragraph I of this article. Such
declarations shall be deposited by the States Parties with the Secretary-General of the
United Nations, who shall transmit copies thereof to the other States Parties. A
declaration may be withdrawn at any time by notification to the Secretary-General.
Such a withdrawal shall not prejudice the consideration of any matter which is the
subject of a communication already transmitted under this article; no further
communication by any State Party shall be received after the notification of
withdrawal of the declaration has been received by the Secretary-General, unless the
State Party concerned has made a new declaration.

Article 42

1.
(a)
If a matter referred to the Committee in accordance with article 41 is not
resolved to the satisfaction of the States Parties concerned, the Committee may, with
the prior consent of the States Parties concerned, appoint an ad hoc Conciliation
Commission (hereinafter referred to as the Commission). The good offices of the
Commission shall be made available to the States Parties concerned with a view to an
amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States
Parties concerned. If the States Parties concerned fail to reach agreement within
three months on all or part of the composition of the Commission, the members of the
Commission concerning whom no agreement has been reached shall be elected by
secret ballot by a two-thirds majority vote of the Committee from among its members.

2.
The members of the Commission shall serve in their personal capacity. They
shall not be nationals of the States Parties concerned, or of a State not Party to the
present Covenant, or of a State Party which has not made a declaration under Article
41.

3.
The Commission shall elect its own Chairman and adopt its own rules of
procedure.

4.
The meetings of the Commission shall normally be held at the Headquarters of
the United Nations or at the United Nations Office at Geneva. However, they may be
held at such other convenient places as the Commission may determine in
consultation with the Secretary-General of the United Nations and the States Parties
concerned.

5.
The secretariat provided in accordance with Article 36 shall also service the
commissions appointed under this Article.

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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 subparagraph (b) is not reached, the
Commission's report shall embody its findings on all questions of fact relevant to the
issues between the States Parties concerned, and its views on the possibilities of an
amicable solution of the matter. This report shall also contain the written submissions
and a record of the oral submissions made by the States Parties concerned;

(d)
If the Commission's report is submitted under subparagraph (c), the
States Parties concerned shall, within three months of the receipt of the report, notify
the Chairman of the Committee whether or not they accept the contents of the report
of the Commission.

8.
The provisions of this article are without prejudice to the responsibilities of the
Committee under Article 41.

9.
The States Parties concerned shall share equally all the expenses of the
members of the Commission in accordance with estimates to be provided by the
Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the
expenses of the members of the Commission, if necessary, before reimbursement by
the States Parties concerned, in accordance with paragraph 9 of this Article.



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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.



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PART VI

Article 48

1.
The present Covenant is open for signature by any State Member of the United
Nations or member of any of its specialized agencies, by any State Party to the Statute
of the International Court of Justice, and by any other State which has been invited by
the General Assembly of the United Nations to become a Party to the present
Covenant.

2.
The present Covenant is subject to ratification. Instruments of ratification shall
be deposited with the Secretary-General of the United Nations.

3.
The present Covenant shall be open to accession by any State referred to in
paragraph 1 of this Article.

4.
Accession shall be effected by the deposit of an instrument of accession with
the Secretary-General of the United Nations.

5.
The Secretary-General of the United Nations shall inform all States which have
signed this Covenant or acceded to it of the deposit of each instrument of ratification
or accession.

Article 49

1.
The present Covenant shall enter into force three months after the date of the
deposit with the Secretary-General of the United Nations of the thirty-fifth instrument
of ratification or instrument of accession.

2.
For each State ratifying the present Covenant or acceding to it after the deposit
of the thirty-fifth instrument of ratification or instrument of accession, the present
Covenant shall enter into force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States
without any limitations or exceptions.



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Article 51

1.
Any State Party to the present Covenant may propose an amendment and file it
with the Secretary-General of the United Nations. The Secretary-General of the
United Nations shall thereupon communicate any proposed amendments to the States
Parties to the present Covenant with a request that they notify him whether they
favour a conference of States Parties for the purpose of considering and voting upon
the proposals. In the event that at least one third of the States Parties favours such a
conference, the Secretary-General shall convene the conference under the auspices of
the United Nations. Any amendment adopted by a majority of the States Parties
present and voting at the conference shall be submitted to the General Assembly of
the United Nations for approval.

2.
Amendments shall come into force when they have been approved by the
General Assembly of the United Nations and accepted by a two-thirds majority of the
States Parties to the present Covenant in accordance with their respective
constitutional processes.

3. When amendments come into force, they shall be binding on those States
Parties which have accepted them, other States Parties still being bound by the
provisions of the present Covenant and any earlier amendment which they have
accepted.

Article 52

1.
Irrespective of the notifications made under article 48, paragraph 5, the
Secretary-General of the United Nations shall inform all States referred to in
paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49
and the date of the entry into force of any amendments under article 51.



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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.