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

Read the untranslated law here: https://www.global-regulation.com/law/romania/3070378/-lege-nr.-39-din-28-iunie-1993-pentru-aderarea-la-protocolul-facultativ-la-pactul-internaional-cu-privire-la-drepturile-civile-i-politice.html

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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 ISSUER PARLIAMENT Published in MONITORUL OFICIAL NR. 143 of 30 June 1993, the Romanian Parliament adopts this law.


The sole article Romania accede to the Optional Protocol to the International Covenant on Civil and political rights, adopted by the United Nations General Assembly on 16 December 1966, with the following statement: "Romania considers that, under the provisions of art. 5 point 2(a) of) of the protocol, the Human Rights Committee is not competent to examine communications from individuals, if the issues in the case are being examined or has been examined under another procedure of international investigation or settlement. "


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 aims of the Pact concerning civil and political rights (hereinafter referred to as below the Pact) and the application of these provisions would be the empowerment of Human Rights Committee, established under part four of the Pact (below referred to as the Committee) , to receive and consider, as provided for in the present protocol, communications from individuals who claim they are victims of violations of any of the rights set forth in the pact, have agreed as follows: Any State party to the pact which becomes a party to this protocol recognise the competence of the Committee to receive and consider communications from individuals taking its jurisdiction , claiming to be victims of a breach by the State party, of any of the rights set forth in the pact. The Committee will not receive any communication concerning a State party to the pact which is not a party to this protocol.


Article 2 subject to the provisions of article 7. 1, any person, who claims to be the victim of a breach of any law mentioned in the pact and that he exhausted all internal remedies available, may submit a written communication to the Committee in order to examine its.


Article 3 the Committee shall declare unacceptable any communication, drawn up pursuant to the present protocol which is anonymous or which it considers to be an abuse of the right to submit such communications or to be incompatible with the provisions of the Pact.


Article 4 1. Subject to the provisions of article 7. 3, the Committee shall bring any communication which i shall be submitted pursuant to the present protocol to the attention of the State party to this protocol which is claiming that he violated a provision of the Pact.
2. In the next 6 months, submitted in writing to the Committee any explanations or representations elucidate the matter, indicating, where appropriate, of the measures taken to remedy the situation.


Article 5 1. The Committee shall examine communications received under this protocol in the light of all the information by which have been made available by the individual and by the State party concerned.
2. The Committee will consider any communication of an individual without being assured of the same question: is not) already being examined under another international procedure of investigation and resolution;
  

b) individual has exhausted all available domestic remedies. This rule shall not apply where the procedures of Appeal exceed a reasonable time.
  

3. the Committee shall keep closed meetings during the examination of communications provided for in this protocol.
4. the Committee shall communicate its findings to the State party concerned and the individual.


Article 6 the Committee shall include in the annual report which it draws up in accordance with art. 45 from pact a summary of its activities under this protocol.


Article 7 pending the achievement of the objectives of resolution No. 1514 (XV), adopted by the General Assembly of the United Nations on 14 December 1960 concerning the Declaration on the granting of independence to the colonial countries and peoples, the provisions of this protocol would inhibit the right of petition granted to these peoples by the Charter of the United Nations and other conventions and international instruments concluded under the auspices of the United Nations or its specialised institutions.


Article 8 1. This article shall be open for signature by any State which has signed the Covenant.
2. This protocol is subject to ratification by any State which has ratified the Covenant or acceded to it. The 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 it.
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 acceding to it about submitting each instrument of ratification or accession.


Article 9 1. Subject to the entry into force of the Pact, 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. For each of the States that will ratify this protocol or to join after the submission of the tenth instrument of ratification, the Protocol will enter into force 3 months after the date of deposit by such State of the instrument or ratification or accession.


Article 10 the provisions of this protocol shall be applied without any limitation or exception, all parts of federal States.


Article 11 1. Any State party to the present protocol may propose an amendment and submit the text to the Secretary-General of the United Nations. The Secretary-General shall forward all proposals for amendments to this protocol States parties, asking them to notify him if they wish the convening of a Conference of States parties to review these projects and submit them to the voting. If at least one third of the States declare themselves in favour of this invitation, the Secretary-General shall convene the Conference under the auspices of the United Nations. Any amendment adopted by a majority of States present and voting at the Conference shall be submitted for approval by the General Assembly of the United Nations.
2. such amendments shall enter into force after being approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States parties to this protocol, in accordance with their respective constitutional rules.
3. After their entry into force, these amendments shall become binding on the States parties that have accepted them, other States parties while remaining bound by the provisions of the present protocol and any earlier amendment which they have accepted.


Article 12 1. Any State party may at any time denounce this protocol by notification addressed to the path of the Secretary-General of the United Nations. Denunciation will take effect three months after the date on which the Secretary general shall have received notification.
2. Denunciation shall be without application of the provisions of this protocol to any communication submitted under article 2. 2, before the date on which denunciation takes effect. Art. 13 Independent of notifications referred to in paragraph 5 of article 12. 8 of the present protocol, the Secretary-General of the United Nations shall inform all States referred to in paragraph 1 of article 3. 48 from pact: a) about this protocol shall be deposited on the signatures and ratification and instruments of accession deposited in accordance with art. 8;
  

(b) the date on which) about this protocol will enter into force in accordance with article 4. 9 and the date on which will enter into force the amendments referred to in article 1. 11;
  

c) about denuntarile made in accordance with article 5. 12. Article 14 1. This protocol, whose texts in languages Chinese, English, French, Russian and Spanish are in equal measure authentic, will 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 1. 48 from pact.
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