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Law No. 39 Of 28 June 1993 For The Accession To The Optional Protocol To The International Covenant On Civil And Political Rights

Original Language Title:  LEGE nr. 39 din 28 iunie 1993 pentru aderarea la Protocolul facultativ la Pactul internaţional cu privire la drepturile civile şi politice

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LEGE No. 39 of 28 June 1993 for the accession to the Optional Protocol to the International Covenant on Civil and Political Rights
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 143 of 30 June 1993



The Romanian Parliament adopts this law + Article UNIC Romania adheres to the Optional Protocol to the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 16 December 1966, with the following declaration: " Romania considers that, according to art. 5 5 section 2 letter a) of the Protocol, the Human Rights Committee is not competent to examine the communications of natural persons, whether the matters in question are under consideration or have been examined in another international investigation procedure, or resolution. " + Annex 1 + Article 1 OPTIONAL PROTOCOL to the International Covenant on Civil and Political Rights (translation) The States Parties to this Protocol, considering that, for a better understanding of the fulfilment of the Covenant on Civil and Political Rights (hereinafter referred to as the pact) and the application of these provisions, it would be appropriate to empower the Human Rights Committee, constituted according to the fourth part of the pact (hereinafter referred to as the committee), to receive and examine, as provided for in this Protocol, communications from individuals claiming to be victims of violations of one of the rights stated in the pact, agreed the following: Any State Party to the Pact which becomes a party to this Protocol shall recognise the Committee's competence to receive and examine communications from natural persons under its jurisdiction, which claim to be victims of a violation by that State. party, of any of the rights stated in the pact. The Committee shall not receive any communication on the State Party to the Pact which is not a party to this Protocol. + Article 2 Subject to art. 1, any natural person, who claims to be the victim of a violation of any right enunciated in the pact and who has exhausted all available internal remedies, may present a written communication to the committee for his examination. + Article 3 The Committee shall declare inadmissible any communication, submitted pursuant to this Protocol, which is anonymous or which it considers to be an abuse of the right to present such communications or to be incompatible with the provisions of the Pact. + Article 4 1. Subject to provisions of art. 3 3, the Committee shall bring any communication presented to it under this Protocol to the attention of the State Party to this Protocol which is alleged to have violated a provision of the Pact. 2. In the next 6 months, the respective state shall submit in writing to the committee explanations or statements of elucidation of the problem, with the indication, if any, of the measures taken to remedy the situation. + Article 5 1. The Committee shall examine the communications received under this Protocol, taking into account all written information made available to it by the individual and the interested State Party. 2. The Committee shall not consider any communication of a natural person without having ensured that: a) the same issue is not already under consideration in another international investigation and settlement procedure; b) the individual has exhausted all available domestic remedies. This rule shall not apply if the appeal procedures exceed reasonable time limits. 3. The Committee shall hold meetings closed during the examination of the communications provided for in this Protocol 4. The Committee shall communicate its findings to the State Party concerned and to + Article 6 The Committee shall include in the annual report which it shall draw up in accordance with Article 45 45 of the Pact a summary of its activities under this Protocol. + Article 7 Until the objectives of Resolution no. 1514 (XV), adopted by the General Assembly of the United Nations on 14 December 1960, on the Declaration on the granting of independence to colonial countries and peoples, the provisions of this Protocol do not restrict the right of petitioners granted to these peoples of the Charter of the United Nations and other international conventions and instruments concluded under the auspices of the United Nations or its specialised institutions. + Article 8 1. This article is open for the signing of any state that signed the pact. 2. This Protocol shall be subject to the ratification of any State which has ratified its pact which has acceded to it. The instruments of ratification will be deposited with the Secretary-General of the United Nations. 3. This Protocol shall be open to the accession of any State which has ratified its pact which has acceded to it. 4. Accession will be made by depositing an instrument of accession to the Secretary-General of the United Nations. 5. The Secretary-General of the United Nations shall inform all States which have signed this Protocol or which have acceded to it on the deposit of each instrument of ratification or accession. + Article 9 1. Subject to the entry into force of the Pact, this Protocol shall enter into force 3 months after the date of submission to the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each of the states that will ratify this Protocol or that will accede after the submission of the tenth instrument of ratification, the Protocol will enter into force 3 months after the date of submission by this State of its instrument of ratification or accession. + Article 10 The provisions of this Protocol shall apply, without any limitation or exception, to all constituent parts of the federal states. + Article 11 1. Any State Party to this Protocol may propose an amendment and submit its text to the Secretary-General of the United Nations. The Secretary-General shall then forward all draft amendments to the States Parties to this Protocol, asking them to communicate them if they wish to convene a conference of the States Parties to examine these projects and submit them to their voting. If at least a third of the states declare themselves in favor of this convocation, the secretary-general convenes the conference under the auspices United Nations. Any amendment passed by most of the present and voting states to the conference will be submitted for approval to the United Nations General Assembly. 2. These amendments shall enter into force after having been approved by the United Nations General Assembly and accepted by a two-thirds majority of the States Parties to this Protocol, in accordance with the respective constitutional rules. 3. After their entry into force, these amendments shall become binding on the States Parties which have accepted them, the other States Parties remaining bound by the provisions of this Protocol and by any previous amendment which they have accepted. + Article 12 1. Any State Party may, at any time, denounce this Protocol by way of a written notification addressed to the Secretary-General of the United Nations. The denunciation will take effect 3 months from the date on which the Secretary-General will have received the notification. 2 2. Denunciation shall not prevent the application of the provisions of this Protocol from any communication presented, pursuant to art. 2, before the date on which the denunciation takes effect. ART. 13 Independently of the notifications referred to in paragraph 5 of art. 8 8 of this Protocol, the Secretary-General of the United Nations shall inform all the States to which paragraph 1 of art. 48 48 of the pact: a) about the signatures submitted on this Protocol and on the instruments of ratification and accession submitted according to art. 8 8; b) about the date on which this Protocol will enter into force according to art. 9 and the date on which the amendments provided for in art. 11 11; c) about the denunciations made in accordance with art. 12. + Article 14 1. This Protocol, whose texts in Chinese, English, French, Russian and Spanish are equally authentic, will be deposited at the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit a certified copy of this Protocol to all the States to which art. 48 of the pact. ------------