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

<snip>
>
>Subject: SLS: International Covenant (2 of 2)
>
>[part 2 of 2]
>
>
>religion, political  or other opinion, national or social origin,
>property, birth or other status.
>
>
>                           Article 27
>
>In  those   States  in  which  ethnic,  religious  or  linguistic
>minorities exist  persons belonging  to such minorities shall not
>be denied the right, in community with the other members of their
>group, to  enjoy their own culture, to profess and practise their
>own religion, or to use their own language.
>
>
>                             PART IV
>
>                           Article 28
>
>1.   There  shall   be  established   a  Human  Rights  Committee
>(hereafter referred to in the present Covenant as the Committee).
>It shall  consist of  eighteen members  and shall  carry out  the
>functions hereinafter provided.
>
>2.   The Committee  shall be  composed of nationals of the States
>Parties to  the present  Covenant who  shall be  persons of  high
>moral character  and recognized  competence in the field of human
>rights, consideration  being  given  to  the  usefulness  of  the
>participation of some persons having legal experience.
>
>3.   The members  of the  Committee shall  be elected  and  shall
>serve in their personal capacity.
>
>
>                           Article 29
>
>1.   The members  of the  Committee shall  be elected  by  secret
>ballot from  a list  of  persons  possessing  the  qualifications
>prescribed in  article 28  and nominated  for the  purpose by the
>States Parties to the present Covenant.
>
>2.   Each State  Party to  the present  Covenant may nominate not
>more than  two persons.   These persons shall be nationals of the
>nominating State.
>
>3.   A person shall be eligible for renomination.
>
>
>                           Article 30
>
>1.   The initial  election shall be held no later than six months
>after the date of the entry into force of the present Covenant.
>
>2.   At least four months before the date of each election to the
>Committee other  than an  election to  fill a vacancy declared in
>accordance with  article 34,  the Secretary-General of the United
>Nations shall  address a written invitation to the States Parties
>to  the   present  Covenant   to  submit  their  nominations  for
>membership of the Committee within three months.
>
>
>International Covenant on Civil & Political Rights: Page 11 of 20
>
>3.   The Secretary-General  of the United Nations shall prepare a
>list in  alphabetical order  of all  the persons  thus nominated,
>with an  indication of  the States  Parties which  have nominated
>them, and  shall submit  it to  the States Parties to the present
>Covenant no  later  than  one  month  before  the  date  of  each
>election.
>
>4.   Elections of the members of the Committee shall be held at a
>meeting of the States Parties to the present Covenant convened by
>the Secretary-General  of the  United Nations at the Headquarters
>of the  United Nations.  At that meeting, for which two thirds of
>the States  Parties to  the present  Covenant shall  constitute a
>quorum, the  persons elected  to the  Committee  shall  be  those
>nominees who  obtain the  largest number of votes and an absolute
>majority of  the votes  of the  representatives of States Parties
>present and voting.
>
>
>                           Article 31
>
>1.   The Committee  may not include more than one national of the
>same State.
>
>2.   In the  election of  the Committee,  consideration shall  be
>given to equitable geographical distribution of membership and to
>the representation  of the different forms of civilization and of
>the principal legal systems.
>
>
>                           Article 32
>
>1.   The members  of the Committee shall be elected for a term of
>four  years.     They   shall  be  eligible  for  re-election  if
>renominated.   However, the  terms of nine of the members elected
>at the  first election  shall expire  at the  end of  two  years;
>immediately after  the first  election, the  names of  these nine
>members elected  at the first election shall expire at the end of
>two years;  immediately after  the first  election, the  names of
>these nine  members shall be chosen by lot by the Chairman of the
>meeting referred to in article 30, paragraph 4.
>
>2.   Elections  at   the  expiry  of  office  shall  be  held  in
>accordance with  the preceding  articles  of  this  part  of  the
>present Covenant.
>
>
>                           Article 33
>
>1.   If, in  the unanimous opinion of the other members, a member
>of the  Committee has  ceased to  carry out his functions for any
>cause other  than absence  of a temporary character, the Chairman
>of the Committee shall notify the Secretary-General of the United
>Nations, who  shall then  declare the  seat of  that member to be
>vacant.
>
>
>
>
>International Covenant on Civil & Political Rights: Page 12 of 20
>
>2.   In the  event of the death or the resignation of a member of
>the  Committee,   the  Chairman   shall  immediately  notify  the
>Secretary-General of  the United  Nations, who  shall declare the
>seat vacant  from the  date of  death or  the date  on which  the
>resignation takes effect.
>
>
>                           Article 34
>
>1.   When a vacancy is declared in accordance with article 33 and
>if the  term of  office of  the member  to be  replaced does  not
>expire within  six months  of the declaration of the vacancy, the
>Secretary-General of  the United Nations shall notify each of the
>States Parties  to the  present Covenant,  which may  within  two
>months submit  nominations in  accordance with article 29 for the
>purpose of filling the vacancy.
>
>2.   The Secretary-General  of the United Nations shall prepare a
>list in  alphabetical order  of the  persons thus  nominated  and
>shall submit  it to  the States  Parties to the present Covenant.
>The election  to fill  the  vacancy  shall  then  take  place  in
>accordance with  the relevant  provisions of  this  part  of  the
>present Covenant.
>
>3.   A member of the Committee elected to fill a vacancy declared
>in accordance with Article 33 shall hold office for the remainder
>of the  term of  the member who vacated the seat on the Committee
>under the provisions of that article.
>
>
>                           Article 35
>
>The members  of the  Committee shall,  with the  approval of  the
>General Assembly  of the  United Nations, receive emoluments from
>United Nations  resources on  such terms  and conditions  as  the
>General Assembly  may decide,  having regard to the importance of
>the Committee's responsibilities.
>
>
>                           Article 36
>
>The Secretary-General  of the  United Nations  shall provide  the
>necessary staff  and facilities  for the effective performance of
>the functions of the Committee under the present Covenant.
>
>
>                           Article 37
>
>1.   The Secretary-General  of the  United Nations  shall convene
>the initial  meeting of  the Committee at the Headquarters of the
>United Nations.
>
>2.   After its  initial meeting, the Committee shall meet at such
>times as shall be provided in its rules of procedure.
>
>3.   The Committee shall normally meet at the Headquarters of the
>United Nations or at the United Nations Office at Geneva.
>
>
>International Covenant on Civil & Political Rights: Page 13 of 20
>
>
>                           Article 38
>
>Every member of the Committee shall, before taking up his duties,
>make a  solemn declaration in open committee that he will perform
>his functions impartially and conscientiously.
>
>
>                           Article 39
>
>1.   The Committee  shall elect  its officers  for a  term of two
>years.  They may be re-elected.
>
>2.   The Committee  shall establish  its own  rules of procedure,
>but these rules shall provide, inter alia, that:
>
>     (a)  Twelve members shall constitute a quorum;
>
>     (b)  Decisions of  the Committee shall be made by a majority
>          vote of the members present.
>
>
>                           Article 40
>
>1.   The States  Parties to  the present  Covenant  undertake  to
>submit reports  on the  measures they  have  adopted  which  give
>effect to  the rights  recognized herein and on the progress made
>in the enjoyment of those rights:
>
>     (a)  Within one  year of the entry into force of the present
>          Covenant for the States Parties concerned;
>
>     (b)  Thereafter whenever the Committee so requests.
>
>2.   All reports  shall be  submitted to the Secretary-General of
>the United  Nations, who shall transmit them to the Committee for
>consideration.     Reports  shall   indicate  the   factors   and
>difficulties, if any, affecting the implementation of the present
>Covenant.
>
>3.   The Secretary-General  of  the  United  Nations  may,  after
>consultation with  the Committee,  transmit  to  the  specialized
>agencies concerned  copies of  such parts  of the  reports as may
>fall within their field of competence.
>
>4.   The Committee  shall study  the  reports  submitted  by  the
>States Parties  to the  present Covenant.   It shall transmit its
>reports,  and   such  general   comments  as   it  may   consider
>appropriate, to  the States  Parties.   The  Committee  may  also
>transmit to  the Economic and Social Council these comments along
>with the  copies of  the reports  it  has  received  from  States
>Parties to the present Covenant.
>
>5.   The States Parties to the present Covenant may submit to the
>Committee observations  on any  comments  that  may  be  made  in
>accordance with paragraph 4 of this article.
>
>
>International Covenant on Civil & Political Rights: Page 14 of 20
>
>
>                           Article 41
>
>1.   A State  Party to  the present  Covenant  may  at  any  time
>declare under  this article  that it recognizes the competence of
>the Committee  to receive  and  consider  communications  to  the
>effect that  a State Party claims that another State Party is not
>fulfilling  its   obligations   under   the   present   Covenant.
>Communications under  this article may be received and considered
>only if  submitted by  a State Party which has made a declaration
>recognizing in  regard to itself the competence of the Committee.
>No communication  shall  be  received  by  the  Committee  if  it
>concerns a  State Party  which has  not made  such a declaration.
>Communications received under this article shall be dealt with in
>accordance with the following procedure:
>
>     (a)  If a State Party to the present Covenant considers that
>          another  State  Party  is  not  giving  effect  to  the
>          provisions of  the present Covenant, it may, by written
>          communication, bring  the matter  to the  attention  of
>          that State  Party.    Within  three  months  after  the
>          receipt of the communication, the receiving State shall
>          afford  the  State  which  sent  the  communication  an
>          explanation  or   any  other   statement   in   writing
>          clarifying the  matter, which  should include,  to  the
>          extent possible  and pertinent,  reference to  domestic
>          procedures and remedies taken, pending, or available in
>          the matter.
>
>     (b)  If the  matter is  not adjusted  to the satisfaction of
>          both States  Parties concerned  within six months after
>          the receipt  by the  receiving  State  of  the  initial
>          communication, either  State shall  have the  right  to
>          refer the  matter to  the Committee, by notice given to
>          the Committee and to the other State.
>
>     (c)  The Committee  shall deal  with a matter referred to it
>          only  after  it  has  ascertained  that  all  available
>          domestic remedies  have been  invoked and  exhausted in
>          the matter, in conformity with the generally recognized
>          principles of international law.  This shall not be the
>          rule  where   the  application   of  the   remedies  is
>          unreasonably prolonged.
>
>     (d)  The Committee shall hold closed meetings when examining
>          communications under this article.
>
>     (e)  Subject to  the provisions  of sub-paragraph  (c),  the
>          Committee shall  make available its good offices to the
>          States Parties  concerned with  a view  to  a  friendly
>          solution of  the matter  on the  basis of  respect  for
>          human rights  and fundamental freedoms as recognized in
>          the present Covenant.
>
>
>
>
>
>International Covenant on Civil & Political Rights: Page 15 of 20
>
>     (f)  In any  matter referred  to it,  the Committee may call
>          upon the  States Parties concerned, referred to in sub-
>          paragraph (b), to supply any relevant information.
>
>     (g)  The States  Parties  concerned,  referred  to  in  sub-
>          paragraph (b),  shall have  the right to be represented
>          when the  matter is  being considered  in the Committee
>          and to make submissions orally and/or in writing.
>
>     (h)  The Committee  shall, within  twelve months  after  the
>          date of  receipt of  notice  under  sub-paragraph  (b),
>          submit a report:
>
>          (i)  If a  solution within  the terms  of sub-paragraph
>               (e) is  reached, the  Committee shall  confine its
>               report to  a brief  statement of  the facts and of
>               the solution reached;
>
>          (ii) If a  solution within  the terms  of sub-paragraph
>               (e) is  not reached,  the Committee  shall confine
>               its report to a brief statement of the facts;  the
>               written  submissions   and  record   of  the  oral
>               submissions made  by the  States Parties concerned
>               shall be attached to the report.
>
>In every  matter, the  report shall be communicated to the States
>Parties concerned.
>
>2.   The provisions  of this  article shall  come into force when
>ten States Parties to the present Covenant have made declarations
>under paragraph  1 of  this article.   Such declarations shall be
>deposited by the States Parties with the Secretary-General of the
>United Nations,  who shall  transmit copies  thereof to the other
>States Parties.   A  declaration may  be withdrawn at any time by
>notification to  the Secretary-General.   Such a withdrawal shall
>not prejudice  the consideration  of  any  matter  which  is  the
>subject  of   a  communication  already  transmitted  under  this
>article;  no further communication  by any  State Party  shall be
>received after  the notification of withdrawal of the declaration
>has been  received by  the Secretary-General,  unless  the  State
>Party concerned had made a new declaration.
>
>
>                           Article 42
>
>1.   (a)  If a  matter referred  to the  Committee in  accordance
>          with article  41 is not resolved to the satisfaction of
>          the States  Parties concerned,  the Committee may, with
>          the prior  consent of  the  States  Parties  concerned,
>          appoint an  ad hoc Conciliation Commission (hereinafter
>          referred to as the Commission). The good offices of the
>          Commission  shall  be  made  available  to  the  States
>          Parties concerned  with a  view to an amicable solution
>          of the  matter on  the basis of respect for the present
>          Covenant;
>
>
>
>
>International Covenant on Civil & Political Rights: Page 16 of 20
>
>     (b)  The Commission shall consist of five persons acceptable
>          to the States Parties concerned.  If the States Parties
>          concerned fail  to reach  agreement within three months
>          on all or part of the composition of the Commission the
>          members of  the Commission concerning whom no agreement
>          has been reached shall be elected by secret ballot by a
>          two-thirds majority  vote of  the Committee  from among
>          its members.
>
>2.   The members  of the Commission shall serve in their personal
>capacity.   They shall  not be  nationals of  the States  Parties
>concerned, or of a State not party to the present Covenant, or of
>a State Party which has not made a declaration under article 41.
>
>3.   The Commission  shall elect  its own  Chairman and adopt its
>own rules of procedure.
>
>4.   The meetings of the Commission shall normally be held at the
>Headquarters of  the United  Nations or  at  the  United  Nations
>Office at  Geneva.   However, they  may be  held  at  such  other
>convenient places as the Commission may determine in consultation
>with the  Secretary-General of  the United Nations and the States
>Parties concerned.
>
>5.   The secretariat provided in accordance with article 36 shall
>also service the commissions appointed under this article.
>
>6.   The information received and collated by the Committee shall
>be made  available to  the Commission and the Commission may call
>upon the  States Parties  concerned to  supply any other relevant
>information.
>
>7.   When the  Commission has fully considered the matter, but in
>any event  not later  than twelve months after having been seized
>of the matter, it shall submit to the Chairman of the Committee a
>report for communication to the States Parties concerned:
>
>     (a)  If  the   Commission  is   unable   to   complete   its
>          consideration of  the matter  within twelve  months, it
>          shall confine  its report  to a  brief statement of the
>          status of its consideration of the matter;
>
>     (b)  If an  amicable solution  to the matter on the basis of
>          respect for  human rights  as recognized in the present
>          Covenant is  reached, the  Commission shall confine its
>          report to  a brief  statement of  the facts  and of the
>          solution reached;
>
>     (c)  If a  solution within the terms of sub-paragraph (b) is
>          not reached,  the Commission's  report shall embody its
>          findings on  all questions  of  fact  relevant  to  the
>          issues between  the States  Parties concerned,  and its
>          views on  the possibilities  of an amicable solution of
>          the matter.  This report shall also contain the written
>          submissions and  a record  of the oral submissions made
>          by the States Parties concerned;
>
>
>
>International Covenant on Civil & Political Rights: Page 17 of 20
>
>     (d)  If the  Commission's report  is  submitted  under  sub-
>          paragraph (c),  the  States  Parties  concerned  shall,
>          within three  months of  the  receipt  of  the  report,
>          notify the  Chairman of  the Committee  whether or  not
>          they  accept   the  contents   of  the  report  of  the
>          Commission.
>
>8.   The provisions  of this article are without prejudice to the
>responsibilities of the Committee under article 41.
>
>9.   The States  Parties concerned  shall share  equally all  the
>expenses of  the members  of the  Commission in  accordance  with
>estimates to  be provided  by the Secretary-General of the United
>Nations.
>
>10.  The  Secretary-General   of  the  United  Nations  shall  be
>empowered to  pay the  expenses of the members of the Commission,
>if  necessary,   before  reimbursement   by  the  States  Parties
>concerned, in accordance with paragraph 9 of this article.
>
>
>                           Article 43
>
>The members  of the  Committee, and  of the  ad hoc  conciliation
>commissions which  may be  appointed under  article 42,  shall be
>entitled to  the facilities, privileges and immunities of experts
>on mission  for the  United Nations  as laid down in the relevant
>sections of  the Convention  on the  Privileges and Immunities of
>the United Nations.
>
>
>                           Article 44
>
>The provisions  for the  implementation of  the present  Covenant
>shall apply without prejudice to the procedures prescribed in the
>field of human rights by or under the constituent instruments and
>the conventions  of the  United Nations  and of  the  specialized
>agencies and  shall not prevent the States Parties to the present
>Covenant from  having recourse to other procedures for settling a
>dispute in  accordance  with  general  or  special  international
>agreements in force between them.
>
>
>                           Article 45
>
>The Committee  shall submit to the General Assembly of the United
>Nations, through  the Economic  and  Social  Council,  an  annual
>report on its activities.
>
>
>                             PART V
>
>                           Article 46
>
>Nothing in the present Covenant shall be interpreted as impairing
>the provisions  of the  Charter of  the United Nations and of the
>constitutions  of  the  specialized  agencies  which  define  the
>
>
>International Covenant on Civil & Political Rights: Page 18 of 20
>
>respective responsibilities  of the  various organs of the United
>Nations and  of the specialized agencies in regard to the matters
>dealt with in the present Covenant.
>
>
>                           Article 47
>
>Nothing in the present Covenant shall be interpreted as impairing
>the inherent  right of all peoples to enjoy and utilize fully and
>freely their natural wealth and resources.
>
>
>                             PART VI
>
>                           Article 48
>
>1.   The present  Covenant is  open for  signature by  any  State
>Member of  the United Nations or member of any of its specialized
>agencies, by  any State Party to the Statute of the International
>Court of  Justice, and  by any other State which has been invited
>by the  General Assembly  of the United Nations to become a party
>to the present Covenant.
>
>2.   The   present   Covenant   is   subject   to   ratification.
>Instruments  of   ratification  shall   be  deposited   with  the
>Secretary-General of the United Nations.
>
>3.   The present Covenant shall be open to accession by any State
>referred to in paragraph 1 of this article.
>
>4.   Accession shall  be effected by the deposit of an instrument
>of accession with the Secretary-General of the United Nations.
>
>5.   The Secretary-General of the United Nations shall inform all
>States which  have signed  this Covenant  or acceded to it of the
>deposit of each instrument of ratification or accession.
>
>
>                           Article 49
>
>1.   The present  Covenant shall  enter into  force three  months
>after the  date of  the deposit with the Secretary-General of the
>United Nations  of the thirty-fifth instrument of ratification or
>instrument of accession.
>
>2.   For each State ratifying the present Covenant or acceding to
>it  after   the  deposit   of  the   thirty-fifth  instrument  of
>ratification or  instrument of  accession, the  present  Covenant
>shall enter into force three months after the date of the deposit
>of its own instrument of ratification or instrument of accession.
>
>
>                           Article 50
>
>The provisions  of the present Covenant shall extend to all parts
>of federal States without any limitations or exceptions.
>
>
>
>International Covenant on Civil & Political Rights: Page 19 of 20
>
>                           Article 51
>
>1.   Any State  Party to  the present  Covenant  may  propose  an
>amendment and  file it  with the  Secretary-General of the United
>Nations.   The Secretary-General  of  the  United  Nations  shall
>thereupon communicate  any  proposed  amendments  to  the  States
>Parties to  the present  Covenant with a request that they notify
>him whether  they favour  a conference  of States Parties for the
>purpose of  considering and  voting upon  the proposals.   In the
>event that  at least one third of the States Parties favours such
>a conference,  the Secretary-General shall convene the conference
>under the  auspices of the United Nations.  Any amendment adopted
>by a  majority of  the States  Parties present  and voting at the
>conference shall  be submitted  to the  General Assembly  of  the
>United Nations for approval.
>
>2.   Amendments  shall  come  into  force  when  they  have  been
>approved by  the General  Assembly  of  the  United  Nations  and
>accepted by  a two-thirds  majority of  the States Parties to the
>present   Covenant    in   accordance   with   their   respective
>constitutional processes.
>
>3.   When amendments  come into  force, they  shall be binding on
>those States  Parties which  have  accepted  them,  other  States
>Parties still  being bound  by  the  provisions  of  the  present
>Covenant and any earlier amendment which they have accepted.
>
>                           Article 52
>
>Irrespective  of   the  notifications   made  under  article  48,
>paragraph 5,  the Secretary-General  of the  United Nations shall
>inform all  States referred to in paragraph 1 of the same article
>of the following particulars:
>
>     (a)  Signatures, ratifications and accessions under article
>          48;
>
>     (b)  The date  of  the  entry  into  force  of  the  present
>          Covenant under  article 49  and the  date of  the entry
>          into force of any amendments under article 51.
>
>
>                           Article 53
>
>1.   The present Covenant, of which the Chinese, English, French,
>Russian  and  Spanish  texts  are  equally  authentic,  shall  be
>deposited in the archives of the United Nations.
>
>2.   The Secretary-General  of the  United Nations shall transmit
>certified copies  of the  present Covenant to all States referred
>to in article 48.
>
>IN FAITH  WHEREOF the  undersigned, being duly authorized thereto
>by  their   respective  Governments,   have  signed  the  present
>Covenant, opened for signature at New York, on the nineteenth day
>of December, one thousand nine hundred and sixty-six.
>
>
>International Covenant on Civil & Political Rights: Page 20 of 20

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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