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Optional Protocol to the International Covenant on Civil and Political Rights
Adopted by General Assembly resolution 2200 A (XXI) of December 16, 1966
Entry into force March 23,1976, in accordance with Article 9
- The States Parties to the present Protocol,
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Considering that in order further to achieve the purposes of
the International Covenant on Civil and Political Rights (hereinafter referred
to as the Covenant) and the implemenation of its provisions it would be
appropriate to enable the Human Rights Committee set up in part IV of the
Covenant (hereinafter referred to as the Committee) to receive and consider, as
provided in the present Protocol, communications from individuals claiming to
be victims of violations of any of the rights set forth in the Covenant.
Have agreed as follows:
- Article I
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A State Party to the Covenant that becomes a Party to the
present Protocol recognizes the competence of the Committee to receive and
consider communications from individuals subject to its jurisdiction who claim
to be victims of a violation by that State Party of any of the rights set forth
in the Covenant. No communication shall be received by the Committee if it
concerns a State Party to the Covenant which is not a Party to the present
Protocol.
- Article 2
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Subject to the provisions of article 1, individuals who claim
that any of their rights enumerated in the Covenant have been violated and who
have exhausted all available domestic remedies may submit a written
communication to the Committee for consideration.
- Article 3
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The Committee shall consider inadmissible any communciation
under the present Protocol which is anonymous, or which it considers to be an
abuse of the right of submission of such communications or to be incompatible
with the provisions of the Covenant.
- Article 4
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1. Subject to the provisions of article 3, the Committee shall
bring any communications submitted to it under the present Protocol to the
attention of the State Party to the present Protocol alleged to be violating
any provision of the Covenant.
2. Within six months, the receiving State shall submit to the
Committee written explanations or statements clarifying the matter and the
remedy, if any, that may have been taken by that State.
- Article 5
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1. The Committee shall consider communications received under
the present Protocol in the light of all written information made available to
it by the individual and by the State Party concerned.
2. The Committee shall not consider any communication from an
individual unless it has ascertained that:
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(a) |
The same matter is not being
examined under another procedure of international investigation or settlement;
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(b) |
The individual has exhausted all
available domestic remedies. This shall not be the rule where the application
of the remedies is unreasonably prolonged. |
3. The Committee shall hold closed meetings when examining
communications under the present Protocol.
4. The Committee shall forward its views to the State Party
concerned and to the individual.
- Article 6
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The Committee shall include in its annual report under article
45 of the Covenant a summary of its activities under the present Protocol.
- Article 7
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Pending the achievement of the objectives of resolution
1514(XV) adopted by the General Assembly of the United Nations on 14 December
1960 concerning the Declaration on the Granting of Independence to Colonial
Countries and Peoples, the provisions of the present Protocol shall in no way
limit the right of petition granted to these peoples by the Charter of the
United Nations and other international conventions and instruments under the
United Nations and its specialized agencies.
- Article 8
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1. The present Protocol is open for signature by any State
which has signed the Covenant.
2. The present Protocol is subject to ratification by any
State which has ratified or acceded to the Covenant. Instruments of
ratification shall be deposited with the Secretary-General of the United
Nations.
3. The present Protocol shall be open to accession by any
State which has ratified or acceded to the Covenant.
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 the present Protocol or acceded to it of the
deposit of each instrument of ratification or accession.
- Article 9
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1. Subject to the entry into force of the Covenant, the
present Protocol shall enter into force three months after the date of the
deposit with the Secretary-General of the United Nations of the tenth
instrument of ratification or instrument of accession.
2. For each State ratifying the present Protocol or acceding
to it after the deposit of the tenth instrument of ratification or instrument
of accession, the present Protocol shall enter into force three months after
the date of the deposit of its own instrument of ratification or instrument of
accession.
- Article 10
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The provisions of the present Protocol shall extend to all
parts of federal States without any limitations or exceptions.
- Article 11
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1. Any State Party to the present Protocol may propose an
amendment and file it with the Secretary-General of the United Nations. The
Secretary-General shall thereupon communicate any proposed amendments to the
States Parties to the present Protocol with a request that they notify him
whether they favour a conference of States Parties for the purpose of
considering and voting upon the proposal. 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 Protocol 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 Protocol and any earlier amendment which
they have accepted.
- Article 12
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1. Any State Party may denounce the present Protocol at any
time by written notification addressed to the Secretary-General of the United
Nations. Denunciation shall take effect three months after the date of receipt
of the notification by the Secretary-General.
2. Denunciation shall be without prejudice to the continued
application of the provisions of the present Protocol to any communication
submitted under article 2 before the effective date of denunciation.
- Article 13
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Irrespective of the notifications made under article 8,
paragraph 5, of the present Protocol, the Secretary-General of the United
Nations shall inform all States referred to in article 48, paragraph I, of the
Covenant of the following particulars:
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(a) |
Signatures, ratifications and
accessions under article 8; |
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(b) |
The date of the entry into force
of the present Protocol under article 9 and the date of the entry into force of
any amendments under article 11; |
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(c) |
Denunciations under article
12. |
- Article 14
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1. The present Protocol, 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 Protocol to all States referred to in article
48 of the Covenant.
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