The United Nations
INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS
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 1
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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.
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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.
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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.
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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.
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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.
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Each State
Party to the present Covenant undertakes:
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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; to ensure that
any person claiming such a remedy shall have his rights 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;
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To ensure
that the competent authorities shall enforce such remedies when
granted.
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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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.
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No derogation
from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may
be made under this provision.
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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.
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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.
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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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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.
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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
judgment rendered by a competent court.
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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.
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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.
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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.
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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.
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.
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No one shall be
held in slavery; slavery and the slave-trade in all their forms
shall be prohibited.
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No one shall be
held in servitude.
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No one
shall be required to perform forced or compulsory labour;
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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;
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For the
purpose of this paragraph the term "forced or compulsory labour"
shall not include:
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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;
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Any
service of a military character and, in countries where
conscientious objection is recognized, any national service
required by law of conscientious objectors;
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Any
service exacted in cases of emergency or calamity threatening
the life or well-being of the community;
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Any
work or service which forms part of normal civil obligations.
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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.
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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.
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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
judgment.
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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.
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Anyone who has
been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
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All persons
deprived of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person.
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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;
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Accused
juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
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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.
No one shall be
imprisoned merely on the ground of inability to fulfill a
contractual obligation.
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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.
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Everyone shall
be free to leave any country, including his own.
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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 (order public), public health or
morals or the rights and freedoms of others, and are consistent
with the other rights recognized in the present Covenant.
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No one shall
be arbitrarily deprived of the right to enter his own country.
An alien lawfully in
the territory of a State Party to the present Covenant may expelled
there from 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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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 (order 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 judgment 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.
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Everyone
charged with a criminal offence shall have the right to be
presumed innocent until proved guilty according to law.
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In the
determination of any criminal charge against him, everyone shall
be entitled to the following minimum guarantees, in full equality:
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To be
informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;
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To have
adequate time and facilities for the preparation of his defence
and to communicate with counsel of his own choosing;
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To be
tried without undue delay;
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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;
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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;
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To have
the free assistance of an interpreter if he cannot understand or
speak the language used in court;
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Not to be
compelled to testify against himself or to confess guilt.
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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.
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Everyone
convicted of a crime shall have the right to his conviction and
sentence being reviewed by a higher tribunal according to law.
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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.
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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.
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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 a lighter penalty, the offender shall
benefit thereby.
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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.
Everyone shall have the right to recognition everywhere as a person
before the law.
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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.
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Everyone has
the right to the protection of the law against such interference
or attacks.
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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.
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No one shall
be subject to coercion which would impair his freedom to have or
to adopt a religion or belief of his choice.
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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.
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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.
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Everyone
shall have the right to hold opinions without interference.
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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.
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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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For
respect of the rights or reputations of others;
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For the
protection of national security or of public order (ordre
public), or of public health or morals.
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Any
propaganda for war shall be prohibited by law.
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Any advocacy
of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be
prohibited by law.
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.
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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.
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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.
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Nothing in
this article shall authorize States Parties to the International
Labour Organization 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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The family
is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
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The right of
men and women of marriageable age to marry and to found a family
shall be recognized.
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No marriage
shall be entered into without the free and full consent of the
intending spouses.
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States
Parties to the present Covenant shall take appropriate steps to
ensure equally 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.
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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.
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Every child
shall be registered immediately after birth and shall have a
name.
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Every child
has the right to acquire a nationality.
Every citizen shall have the right and the opportunity, without any
of the distinctions mentioned in article 2 and without unreasonable
restrictions:
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To take part
in the conduct of public affairs, directly or through freely
chosen representatives;
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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;
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To have
access, on general terms of equality, to public service in his
country.
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.
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 practice their own religion, or to
use their own language.
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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.
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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.
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The members
of the Committee shall be elected and shall serve in their
personal capacity.
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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.
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Each State
Party to the present Covenant may nominate not more than two
persons. These persons shall be nationals of the nominating
State.
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A person
shall be eligible for renomination.
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The initial
election shall be held no later than six months after the date
of the entry into force of the present Covenant.
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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.
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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.
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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.
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The
Committee may not include more than one national of the same
State.
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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.
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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.
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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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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.
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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.
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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.
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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.
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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.
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.
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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The
Secretary-General of the United Nations shall convene the
initial meeting of the Committee at the Headquarters of the
United Nations.
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After its
initial meeting, the Committee shall meet at such time as shall
be provided in its rules of procedure.
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The
Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations Office at Geneva.
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.
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The
Committee shall elect its officers for a term of two years. They
may be re-elected.
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The
Committee shall establish its own rules of procedure, but these
rules shall provide, inter alia, that:
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Twelve
members shall constitute a quorum;
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Decisions of the committee shall be made by a majority vote of
the members present.
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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:
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Within
one year of the entry into force of the present Covenant for
the States Parties concerned;
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Thereafter whenever the Committee so requests.
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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.
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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.
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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.
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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.
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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:
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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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If the
matter in 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.
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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.
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The
Committee shall hold closed meetings when examining
communications under this article.
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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.
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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.
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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.
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The
Committee shall, within twelve months after the date of
receipt of notice under subparagraph (b), submit a report:
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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;
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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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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.
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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;
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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.
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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.
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The
Commission shall elect its own Chairman and adopt its own rules
of procedure.
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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.
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The
secretariat provided in accordance with article 36 shall also
service the commissions appointed under this article.
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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.
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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:
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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.
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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;
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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;
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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.
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The
provisions of this article are without prejudice to the
responsibilities of the Committee under article 41.
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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.
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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.
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.
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.
The Committee shall submit to the General Assembly of the United
Nations, through the Economic and Social council, an annual report
on its activities.
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 specialized agencies in regard to the matters dealt
with in the present Covenant.
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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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.
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The present
Covenant is subject to ratification. Instruments of ratification
shall be deposited with the Secretary-General of the United
Nations.
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The present
Covenant shall be open to accession by any State referred to in
paragraph 1 of this article.
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Accession
shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
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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.
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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.
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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.
The provisions of the present Covenant shall extend to all parts of
federal States without any limitations or exceptions.
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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 on 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.
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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 State Parties to the present Covenant
in accordance with their respective constitutional processes.
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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.
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:
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Signatures,
ratifications and accessions under article 48;
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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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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.
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The
Secretary-General of the United Nations shall transmit certified
copies of the present Covenant to all States referred to in
article 48.
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