International Covenant on Civil and Political
Rights
公民权利和政治权利国际盟约（英文版）
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200 A
(XXI) of 16 December 1966
ENTRY INTO FORCE: 23 MARCH 1976, IN ACCORDANCE WITH ARTICLE 49
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.
二、所有人民得为他们自己的目的自由处置他们的天然财富和资源，而不损害根据基於互利原则的国际经济合作和国际法而产生的任何义务。在任何情况下不得剥夺一个人民自己的生存手段。
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;
（甲）保证任何一个被侵犯了本公约所承认的权利或自由的人，能得到有效的补救，尽管此种侵犯是以官方资格行事的人所为；
(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 limtation 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.
任何人均不得加以酷刑或施以残忍的、不人道的或侮辱性的待遇或刑罚。特别是对任何人均不得未经其自由同意而施以医药或科学试验。
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;
（甲）任何人不应被要求从事强迫或强制劳动；
(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;
（乙）在把苦役监禁作为一种对犯罪的惩罚的国家中，第三款（甲）项的规定不应认为排除按照由合格的法庭关於此项刑罚的判决而执行的苦役；
(c)
For the purpose of this paragraph the term “forced or compulsory labour” shall
not include:
（丙）为了本款之用，“强迫或强制劳动”一词不应包括：
(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;
（１）通常对一个依照法庭的合法命令而被拘禁的人或在此种拘禁假释期间的人所要求的任何工作或服务，非属（乙）项所述者；
(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.
一、人人有权享有人身自由和安全。任何人不得加以任意逮捕或拘禁。除非依照法律所确定的根据和程序，任何人不得被剥夺自由。
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.
三、任何因刑事指控被逮捕或拘禁的人，应被迅速带见审判官或其他经法律授权行使司法权力的官员，并有权在合理的时间内受审判或被释放。等候审判的人受监禁不应作为一般规则，但可规定释放时应保证在司法程序的任何其他阶段出席审判，并在必要时报到听候执行判决。
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
四、任何因逮捕或拘禁被剥夺自由的人，有资格向法庭提起诉讼，以便法庭能不拖延地决定拘禁他是否合法以及如果拘禁不合法时命令予以释放。
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.
一、所有被剥夺自由的人应给予人道及尊重其固有的人格尊严的待遇。
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;
（甲）除特殊情况外，被控告的人应与被判罪的人隔离开，并应给予适合於未判罪者身分的分别待遇；
(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.
一、所有的人在法庭和裁判所前一律平等。在判定对任何人提出的任何刑事指控或确定他在一件诉讼案中的权利和义务时，人人有资格由一个依法设立的合格的、独立的和无偏倚的法庭进行公正的和公开的审讯。由於民主社会中的道德的、公共秩序的或国家安全的理由，或当诉讼当事人的私生活的利益有此需要时，或在特殊情况下法庭认为公开审判会损害司法利益因而严格需要的限度下，可不使记者和公众出席全部或部分审判；但对刑事案件或法律诉讼的任何判决应公开宣布，除非少年的利益另有要求或者诉讼系有关儿童监护权的婚姻争端。
2. Everyone charged with a criminal offence shall
have the right to be presumed innocent until proved guilty according to law.
二、凡受刑事控告者，在未依法证实有罪之前，应有权被视为无罪。
3. In the determination of any criminal charge
against him, everyone shall be entitled to the following minimum guarantees, in
full equality:
三、在判定对他提出的任何刑事指控时，人人完全平等地有资格享受以下的最低限度的保证：
(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;
（乙）有相当时间和便利准备他的辩护并与他自己选择的律师联络。
(c)
To be tried without undue delay;
（丙）受审时间不被无故拖延；
(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;
（丁）出席受审并亲自替自己辩护或经由他自己所选择的法律援助进行辩护；如果他没有法律援助，要通知他享有这种权利；在司法利益有此需要的案件中，为他指定法律援助，而在他没有足够能力偿付法律援助的案件中，不要他自己付费；
(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;
（戊）讯问或业已讯问对他不利的证人，并使对他有利的证人在与对他不利的证人相同的条件下出庭和受讯问；
(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.
（庚）不被强迫作不利于他自己的证言或强迫承认犯罪。
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.
五、凡被判定有罪者，应有权由一个较高级法庭对其定罪及刑罚依法进行复审。
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
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.
七、任何人已依一国的法律及刑事程序被最後定罪或宣告无罪者，不得就同一罪名再予审判或惩罚。
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.
一、任何人的私生活、家庭、住宅或通信不得加以任意或非法干涉，他的荣誉和名誉不得加以非法攻击。
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.
一、人人有权享受思想、良心和宗教自由。此项权利包括维持或改变他的宗教或信仰的自由，以及单独或集体、公开或秘密地以礼拜、戒律、实践和教义来表明他的宗教或信仰的自由。
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.
一、人人有权持有主张，不受干涉。
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.
二、人人有自由发表意见的权利；此项权利包括寻求、接受和传递各种消息和思想的自由，而不论国界，也不论口头的、书写的、印刷的、采取艺术形式的、或通过他所选择的任何其他媒介。
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 Organise 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-Gen-eral 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 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.
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-Gen-eral 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 tie 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 Com-mission’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.
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 rel.
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 Secre-tary-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.
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.
