Time: Wed Aug 20 04:25:06 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id VAA23197; 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 tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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