Law On Consent To The Second Optional Protocol To The International Covenant On Civil And Political Rights, Aiming At The Abolition Of The Death Penalty, Done At New York On 15 December 1989 (1)

Original Language Title: Loi portant assentiment au Deuxième Protocole facultatif se rapportant au Pacte international relatif aux droits civils et politiques, visant à abolir la peine de mort, fait à New York le 15 décembre 1989 (1)

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Posted the: 2000-03-29 Numac: 1999015075 Ministry of Foreign Affairs, international trade and COOPERATION international 4 December 1998. -Law concerning consent to the second Optional Protocol to the international Covenant on Civil and political rights, aimed at abolishing the death penalty, done at New York on 15 December 1989 (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the second Optional Protocol to the international Covenant on Civil and political rights, aiming at the abolition of the death penalty, done at New York on 15 December 1989, will release its full and complete effect.
Promulgate the Act, ordinating whether under seal of State and published by le Moniteur.
Given in Brussels, December 4, 1998.
ALBERT by the King: the Minister of Foreign Affairs, E. DERYCKE. the Minister of Justice, T. VAN PARYS sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) 1997-1998 Session.
Senate.
Documents. -Bill filed on 3 August 1998, no. 1 - 1088/1.
1998-1999 session.
Senate.
Documents. -Report, n ° 1-1088/2. -Text adopted by the Commission, no 1-1088/3.
Parliamentary Annals. -Discussion. Meeting of November 18, 1998. -Vote. Meeting of November 19, 1998.
Room.
Documents. -Draft transmitted by the Senate, no. 1834/1.
-Text adopted in plenary and subject to Royal assent, session No. 1834/2.
Parliamentary Annals.
-Discussion and vote. Meeting of 3 December 1998.

Second Optional Protocol to the international Covenant on Civil and political rights, aimed at abolishing the death penalty States parties to the present Protocol, convinced that abolition of the death penalty contributes to promote human dignity and the progressive development of human rights, recalling that article 3 of the Universal Declaration of the rights of man adopted on 10 December 1948 , as well as article 6 of the international Covenant on the rights civil and political adopted on 16 December 1966, noting that article 6 of the international Covenant on Civil and political rights refers to abolition of the death penalty in terms that suggest unambiguously that the abolition of the death penalty is desirable, convinced that all measures relating to the abolition of the death penalty should be considered as progress in the enjoyment of the right to life, eager to take in the present Protocol, the international commitment to abolish the death penalty, have agreed to the following: Article 1 1. Any person falling within the jurisdiction of a State party to the present Protocol will be executed.
2. each State party shall take all necessary measures to abolish the death penalty in its jurisdiction.
Article 2 1. No reservations to the present Protocol, except for the reservation made will be admitted at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a crime of military nature extremely serious, committed in time of war.
2. the State party making such a reservation shall communicate to the Secretary-General of the Organization of the United Nations, at the time of ratification or accession, the relevant provisions of its domestic law which apply in time of war.
3. the State party having made such a reservation shall notify the Secretary-General of the United Nations Organisation the proclamation or the lifting of the State of war on its territory.
Article 3 the States parties to the present Protocol will state, in the reports they submit to the Committee of the human rights under article 40 of the Covenant, of the measures they have adopted to give effect to the present Protocol.
Article 4 with respect to the States parties to the Covenant that have made the declaration provided for in article 41, the competence to the Committee of the human rights to receive and examine communications in which a State party claims that another State party is not its obligations fulfilling extends the provisions of the present Protocol, unless the State party concerned has made a statement to the contrary at the time of ratification or accession.
Article 5 in what concerns the States parties to the first Optional Protocol to the international Covenant on civil rights and policies adopted on 16 December 1966, the competence to the Committee of the human rights to receive and consider communications from individuals subject to their jurisdiction extends to the provisions of the present Protocol, unless the State party concerned has made a statement to the contrary at the time of ratification or accession.
Article 6 1. The provisions of this Protocol shall apply as additional provisions of the Covenant.
2. without prejudice to the possibility of making the reservation provided for in article 2 of this Protocol, the right guaranteed in paragraph 1 of article 1 of this Protocol may be the subject of any of the derogations provided for in article 4 of the Covenant.
Article 7 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 the Covenant or acceded to that.
Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. this Protocol shall be open for accession by any State which has ratified the Covenant or acceded to that.
4. the 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 Organization of the United Nations shall inform all States which have signed this Protocol or acceded of the deposit of each instrument of ratification or accession.
Article 8 1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession.
2 each of the States that ratify this Protocol or after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force three months after the date of deposit by such State of its instrument of ratification or accession.
Article 9 the provisions of this Protocol shall apply without limitation or exception to all constituent units of federal States.
Article 10 the Secretary-General of the Organization of the United Nations shall inform all States referred to in paragraph 1 of article 48 of the Covenant: a) reservations, communications and notifications received under article 2 of this Protocol;
(b) statements made under articles 4 or 5 of this Protocol;
(c) signatures affixed to this Protocol and the instruments of ratification and accession deposited in accordance with article 7 of this Protocol;

(d) of the date on which this Protocol comes into force in accordance with article 8 thereof.
Article 11 1. This Protocol, of which the Arabic, 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 a certified copy of this Protocol to all States referred to in article 48 of the Covenant.

List of States related to the consultation of the table, see image

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