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RS 0.103.2 International Covenant of 16 December 1966 on Civil and Political Rights

Original Language Title: RS 0.103.2 Pacte international du 16 décembre 1966 relatif aux droits civils et politiques

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0.103.2

Original text

International Covenant on Civil and Political Rights

Conclu in New York December 16, 1966
Approved by the Federal Assembly on December 13, 1991 1
Instrument of accession deposited by Switzerland on 18 June 1992
Entered into force for Switzerland on 18 September 1992

(State on 27 October 2011)

The States Parties to the present Covenant,

Whereas, in accordance with the principles of the Charter of the United Nations 2 , the recognition of the inherent dignity of all members of the human family and their equal and inalienable rights is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Acknowledging that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings, enjoying civil and political freedoms and freedom from fear and misery, can only be achieved if conditions permit Everyone to enjoy their civil and political rights, as well as their economic, social and cultural rights, are created,

Whereas the Charter of the United Nations requires States to promote the universal and effective respect for human rights and freedoms,

Taking into account the fact that the individual has duties to others and to the community to which he belongs and is obliged to strive to promote and respect the rights recognized in the present Covenant,

Agreed on the following articles:

First part

Art. 1

1. All peoples have the right to self-determination. Under this right, they freely determine their political status and freely pursue their economic, social and cultural development.

2. In order to achieve their ends, all peoples may freely dispose of their natural wealth and resources, without prejudice to the obligations arising from international economic cooperation, based on the principle of interest And international law. In no case will a people be deprived of their own means of subsistence.

3. The States Parties to the present Covenant, including those responsible for the administration of Non-Self-Governing Territories and Territories under trusteeship, shall be required to facilitate the realization of the right of peoples to self-determination, and To respect this right, in accordance with the provisions of the Charter of the United Nations.

Second part

Art. 2

1. The States Parties to the present Covenant undertake to respect and guarantee to all individuals within their territory and within their jurisdiction the rights recognized in the present Covenant, without distinction of any kind, including race, Colour, sex, language, religion, political opinion or any other opinion, national or social origin, property, birth or any other situation.

2. The States Parties to the present Covenant undertake, in accordance with their constitutional procedures and with the provisions of this Covenant, to make arrangements for the adoption of such legislative or other measures, specific to Give effect to the rights recognized in the present Covenant that are not already in force.

The States Parties to the present Covenant undertake to:

(a)
Ensure that any person whose rights and freedoms as recognized in the present Covenant have been violated will have a useful remedy, even though the violation would have been committed by persons acting in their official duties;
(b)
Ensure that the competent, judicial, administrative or legislative authority, or any other competent authority according to the law of the State, will decide on the rights of the person making the appeal and to develop the possibilities for recourse Judicial review;
(c)
Ensure the proper follow-up given by the competent authorities to any recourse that has been recognised as justified.
Art. 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all the civil and political rights set forth in this Covenant.

Art. 4

In the event that an exceptional public danger threatens the existence of the nation and is proclaimed by an official act, the States Parties to the present Covenant may, to the extent that the situation so requires, take measures derogating from obligations Provided that such measures are not inconsistent with other obligations under international law and do not result in discrimination based solely on race, colour, sex, Language, religion or social origin.

2. The previous provision does not permit any derogation from s. 6, 7, 8 (1 and 2), 11, 15, 16 and 18.

3. The States Parties to the present Covenant, which use the right of derogation, shall, through the Secretary-General of the United Nations, immediately notify the other States Parties of the provisions to which they have derogated and The reasons for this derogation. A new communication will be made by the same intermediary, on the date on which they terminated such derogations.

Art. 5

Nothing in this Covenant may be interpreted as implying for a State, a group or an individual any right to engage in an activity or perform an act aimed at the destruction of the rights and freedoms recognized In the present Covenant or at limitations greater than those provided for in the Covenant.

2. There shall be no restriction or derogation from the fundamental human rights recognized or in force in any State Party to the present Covenant in accordance with laws, conventions, regulations or customs, on the pretext that the present The Covenant does not recognize or recognize them to a lesser extent.

Third part

Art. 6

1. The right to life is inherent in the human person. This right must be protected by law. No one shall be arbitrarily deprived of life.

2. In countries where the death penalty has not been abolished, a death sentence may be imposed only for the most serious crimes, in accordance with the legislation in force at the time the crime was committed and which must not be in contradiction With the provisions of the present Covenant or with the Convention for the Prevention and Punishment of the Crime of Genocide. This penalty can only be applied by a final judgement handed down by a competent court.

3. Where the deprivation of life constitutes the crime of genocide, it is understood that nothing in this article permits a State Party to this Covenant to derogate in any way from any obligation assumed under the provisions of this Covenant Convention for the Prevention and Punishment of the Crime of Genocide.

4. Any person sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the death penalty may in all cases be granted.

5. A death sentence cannot be imposed for crimes committed by persons under 18 years of age and cannot be enforced against pregnant women.

6. Nothing in this article may be invoked to delay or prevent the abolition of the death penalty by a State Party to the present Covenant.

Art. 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, it is prohibited to submit a person without his or her free consent to medical or scientific experience.

Art. 8

1. No one shall be held in slavery; slavery and the slave trade, in all forms, shall be prohibited.

2. No one shall be held in bondage.

3.
(a) No person shall be required to perform forced or compulsory labour;
(b)
Paragraph (a) of this paragraph shall not be construed as prohibiting, in countries where certain crimes may be punishable by imprisonment accompanied by hard labour, the performance of a sentence of hard labour imposed by a court Competent;
(c)
It is not considered to be "forced or compulsory labour" within the meaning of this paragraph:
(i)
Any work or service, not referred to in para. b, normally required of an individual who is held in accordance with a decision of due process or who has been the subject of such a decision, is conditionally released;
(ii)
Any service of a military character and, in countries where conscientious objection is permitted, any national service required of conscientious objectors under the law;
(iii)
Any service required in cases of force majeure or claims that threaten the life or well-being of the community;
(iv)
Any work or service that forms part of normal civic obligations.
Art.

1. Everyone has the right to liberty and security of the person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty, except for reasons and in accordance with the procedure laid down by law.

2. Any arrested person shall be informed, at the time of his arrest, of the reasons for his arrest and shall be notified, as soon as possible, of any charge against him.

3. Any individual arrested or detained by the head of a criminal offence shall be promptly brought before a judge or other authority authorized by law to perform judicial duties, and shall be tried within a reasonable period of time or released. The detention of persons awaiting trial shall not be a rule, but the release may be subject to guarantees of the appearance of the person concerned at the hearing, all other proceedings of the proceedings and, For the execution of the judgment.

4. A person who is deprived of his or her liberty by arrest or detention shall have the right to bring an action before a court in order for him to rule without delay on the lawfulness of his detention and order his release if the detention is unlawful.

5. Any person who is the victim of unlawful arrest or detention is entitled to compensation.

Art. 10

1. Every person deprived of his liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.
(a) The defendants are, except in exceptional circumstances, separated from convicted persons and are subject to a separate regime, appropriate to their condition of unconvicted persons;
(b)
The young defendants are separated from the adults and decided on their case as quickly as possible.

3. The penitentiary system includes a treatment of convicted persons whose essential purpose is their amendment and social reclassification. Young offenders are separated from adults and subject to a regime appropriate to their age and legal status.

Art. 11

No one shall be imprisoned for the sole reason that he is not in a position to fulfil a contractual obligation.

Art. 12

1. Every person who is lawfully within the territory of a State shall have the right to move freely and freely choose his or her residence.

2. Everyone is free to leave any country, including his own.

3. The rights mentioned above may be restricted only if they are provided for by law, necessary to protect national security, public order, public health or morals, or the rights and freedoms of others, and Compatible with the other rights recognized by this Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Art. 13

A foreigner who is lawfully in the territory of a State Party to the present Covenant may be expelled only in pursuits of a decision taken in accordance with the law and, unless there are overriding reasons for national security, he Must have the opportunity to assert the reasons against his expulsion and to have his case examined by the competent authority, or by one or more persons specially designated by that authority, by being represented by that authority End.

Art. 14

1. All are equal before the courts and courts. Everyone has the right to a fair and public hearing by a competent, independent and impartial tribunal, established by law, who will decide on the merits of any criminal charge against it, or Challenges to its civil rights and obligations. The lock-up may be delivered during all or part of the trial in the interests of good morals, public order or national security in a democratic society, or where the interests of the private life of the parties involved Requires it, to the extent that the court considers it absolutely necessary, where due to the particular circumstances of the case publicity would prejudice the interests of justice; however, any judgment in criminal or civil matters Be public, unless the interest of minors requires otherwise or if the proceedings involve Matrimonial disputes or guardianship of children.

2. Any person charged with a criminal offence shall be presumed innocent until his or her guilt has been legally established.

3. Everyone charged with a criminal offence shall be entitled, in full equality, to at least the following guarantees:

(a)
To be informed, within the shortest period of time, in a language which it contains, in detail, of the nature and grounds of the accusation against it;
(b)
Have the time and facilities necessary to prepare their defence and communicate with the Board of their choice;
(c)
To be tried without undue delay;
(d)
To be present at trial and to defend himself or to have the assistance of an advocate of his choice; if she has no defender, to be informed of his right to have one, and, whenever the interest of justice so requires, to be awarded Ex officio a defender, free of charge, if it does not have the means to pay it;
(e)
To question or cause to be questioned the witnesses to be charged and to obtain the appearance and examination of the witnesses to be discharged under the same conditions as the witnesses to be charged;
(f)
To be assisted free of charge by an interpreter if she does not understand or speak the language used at the hearing;
(g)
Not to be compelled to testify against herself or to confess guilt.

4. The procedure applicable to young people who are not yet major in criminal law will take account of their age and the interest in their re-education.

5. A person convicted of an offence has the right to have the conviction and conviction reviewed by a higher court, in accordance with the law.

6. When a final criminal conviction is subsequently annulled or where the pardon is granted because a new or newly revealed fact proves that a judicial error has occurred, the person who has been sentenced for that reason Conviction shall be indemnified, in accordance with the law, unless it is proved that the non-disclosure in due time of the unknown fact is attributable to him in whole or in part.

7. No one shall be prosecuted or punished by reason of an offence for which he has already been acquitted or convicted by a final judgment in accordance with the law and the criminal procedure of each country.

Art. 15

(1) No person shall be convicted of any act or omission that did not constitute a criminal act on the basis of national or international law at the time when they were committed. Nor shall it be imposed any penalty greater than that applicable at the time the offence was committed. If, after this offence, the law provides for the application of a lighter sentence, the offender must benefit from it.

2. Nothing in this Article precludes the judgment or the conviction of any individual by reason of acts or omissions which, at the time they were committed, were held criminally, according to the general principles of law recognized by the All nations.

Art. 16

Everyone has the right to recognition in all places of his or her legal personality.

Art. 17

1. No one shall be subjected to arbitrary or unlawful interference with his private life, family, home or correspondence, or to unlawful attacks on his honour and reputation.

(2) Everyone has the right to the protection of the law against such interference or infringement.

Art. 18

Everyone has the right to freedom of thought, conscience and religion; this right implies the freedom to have or adopt a religion or belief of his choice, as well as the freedom to manifest one's religion or belief, Individually or in common, both in public and in private, through worship and observance, practice and teaching.

2. No one shall be subjected to coercion which may affect his or her freedom to have or adopt a religion or belief of his or her choice.

3. The freedom to manifest one's religion or belief may be subject only to the restrictions prescribed by law and which are necessary for the protection of security, order and public health, or morals or freedoms, and Fundamental rights of others.

4. The States Parties to the present Covenant undertake to respect the freedom of parents and, where appropriate, legal guardians to ensure the religious and moral education of their children in accordance with their own convictions.

Art. 19

1. No one can be worried about his opinions.

(2) Everyone has the right to freedom of expression; this right includes the freedom to seek, receive and impart information and ideas of any kind, regardless of frontiers, in oral, written, printed or written form Or by any other means of his choice.

3. The exercise of the freedoms provided for in s. 2 of this article includes special duties and special responsibilities. It may therefore be subject to certain restrictions which must, however, be expressly laid down by law and which are necessary:

(a)
Respect for the rights or reputation of others;
(b)
Safeguarding national security, public order, health or public morals.
Art.

1. Any propaganda in favour of war is prohibited by law.

2. Any call to national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited by law.

Art.

The right to peaceful assembly is recognized. The exercise of this right may be subject only to restrictions imposed in accordance with the law and which are necessary in a democratic society, in the interests of national security, public safety, public order or Protect public health or morals, or the rights and freedoms of others.

Art.

1. Everyone has the right to associate freely with others, including the right to form and join trade unions for the protection of his or her interests.

2. The exercise of this right shall be subject only to the restrictions prescribed by law and which are necessary in a democratic society, in the interests of national security, public safety, public order, or to protect the Public health or morals or the rights and freedoms of others. This Article does not prevent the exercise of this right by members of the armed forces and the police, subject to legal restrictions.

3. Nothing in this Article shall permit the States Parties to the 1948 Convention 1 Of the International Labour Organisation concerning the freedom of association and the protection of the right to organise to take legislative measures affecting-or to apply the law in such a way as to impair-the guarantees provided for in the Convention.


Art.

1. The family is the natural and fundamental element of society and is entitled to the protection of society and the state.

2. The right to marry and to found a family shall be recognised to men and women from the age of marriagee.

3. No marriage shall be concluded without the free and full consent of the intending spouses.

4. The States Parties to the present Covenant shall take appropriate measures to ensure the equality of rights and responsibilities of spouses with regard to marriage, during marriage and upon dissolution. In the event of dissolution, arrangements will be made to ensure the necessary protection for children.

Art. 24

(1) Every child, without any discrimination on the grounds of race, colour, sex, language, religion, national or social origin, property or birth, is entitled, on the part of his family, of society and of the State, to the measures of Protection required by the minor's condition.

2. Every child must be registered immediately after birth and have a name.

3. Every child has the right to acquire a nationality.

Art. 25

Every citizen has the right and the opportunity, without any discrimination referred to in s. 2 and without unreasonable restrictions:

(a)
To take part in the management of public affairs, either directly or through freely chosen representatives;
(b)
To vote and to be elected, in the course of periodic, fair elections, by universal and equal suffrage and by secret ballot, ensuring the free expression of the will of the voters;
(c)
Access, under general conditions of equality, to the public functions of his country.
Art. 26

All persons are equal before the law and are entitled without discrimination to equal protection of the law. In this respect, the law must prohibit all discrimination and ensure equal and effective protection for all persons, including race, colour, sex, language, religion, political opinion and any other discrimination. Opinion, of national or social origin, of property, of birth or of any other situation.

Art. 27

In states where there are ethnic, religious or linguistic minorities, persons belonging to such minorities shall not be deprived of the right to have, in common with the other members of their group, their own cultural life, To profess and practise their own religion or to use their own language.

Fourth part

Art. 28

1. A Human Rights Committee is hereby established (hereinafter referred to as the Committee in the present Covenant). The Committee shall consist of eighteen members and shall have the following functions.

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 have recognized competence in the field of human rights. The interest in participating in the work of the Committee of a few people with legal experience will be taken into account.

3. The members of the Committee shall be elected and shall serve on an individual basis.

Art.

(1) The members of the Committee shall be elected by secret ballot on a list of persons meeting the conditions laid down in Art. 28, and submitted to that effect by the States Parties to the present Covenant.

(2) Each State Party to the present Covenant may have two or more persons. Such persons must be nationals of the State who presents them.

3. The same person may be reintroduced.

Art.

The first election shall be held no later than six months after the date of entry into force of this Covenant.

2. At least four months before the date of any election to the Committee, other than an election to fill a vacancy declared in accordance with Art. 34, the Secretary-General of the United Nations shall, in writing, invite the States parties to the present Covenant to designate, within three months, the candidates proposed by them as members of the Committee.

3. The Secretary-General of the United Nations shall draw up an alphabetical list of all persons thus presented by mentioning the States Parties which have submitted them and shall communicate it to the States Parties to the present Covenant at the latest Months before the date of each election.

4. The members of the Committee shall be elected at a meeting of the States Parties to the present Covenant convened by the Secretary-General of the United Nations at United Nations Headquarters. At that meeting, where the quorum is constituted by two thirds of the States Parties to the present Covenant, the candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties shall be elected members of the Committee Present and voting.

Art.

The Committee shall not include more than one national of the same State.

2. For the elections to the Committee, account shall be taken of the equitable geographical distribution and representation of the various forms of civilisation and of the principal legal systems.

Art. 32

The members of the Committee shall be elected for four years. They are eligible for re-election if they are resubmitted. However, the term of office of nine members elected at the first election shall expire after two years; immediately after the first election, the names of those nine members shall be drawn by lot by the President of the meeting referred to in subs. 4 of Art. 30.

2. At the end of the term of office, elections shall be held in accordance with the provisions of the preceding articles of this Part of the Covenant.

Art. 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to perform his duties for any cause other than a temporary absence, the Chairman of the Committee shall inform the Secretary-General of the United Nations, Which then declares the seat occupied by that member vacant.

2. In the event of the death or resignation of a member of the Committee, the President shall immediately inform 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 place Effect.

Art. 34

1. Where a vacancy is declared in accordance with Art. 33 and if the term of office of the member to be replaced shall not expire within six months after the date on which the vacancy has been declared, the Secretary-General of the United Nations shall notify the States Parties to the present Covenant which may, in a Two months, appoint candidates in accordance with the provisions of s. 29 to fill the vacancy.

2. The Secretary-General of the United Nations shall prepare an alphabetical list of the persons thus presented and shall communicate it to the States Parties to the present Covenant. The election for the purpose of filling the vacancy shall then be held in accordance with the relevant provisions of this Part of the Covenant.

3. Any member of the Committee elected at a seat declared vacant in accordance with Art. 33 shall form part of the Committee up to the normal date of expiry of the term of office of the member whose seat has become vacant at the Committee in accordance with the provisions of that Article.

Art. 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from the resources of the United Nations under the conditions established by the General Assembly, having regard to the importance of the Functions of the Committee.

Art. 36

The Secretary-General of the United Nations shall make available to the Committee the personnel and material resources necessary for the effective performance of the functions entrusted to it under the present Covenant.

Art.

The Secretary-General of the United Nations shall convene the members of the Committee for the first meeting at the Headquarters of the Organization.

2. After its first meeting, the Committee shall meet on any occasion provided for in its rules of procedure.

3. Meetings of the Committee shall normally be held at United Nations Headquarters or at the United Nations Office at Geneva.

Art. 38

Every member of the Committee shall, before taking office, take in public a solemn undertaking to carry out his duties impartially and conscientious.

Art. 39

The Committee shall elect its Bureau for a period of two years. The members of the Bureau are eligible for re-election.

2. The Committee shall establish its own rules of procedure, which shall, however, contain, inter alia, the following provisions:

(a)
The quorum is twelve members;
(b)
Decisions of the Committee shall be taken by a majority of the members present.
Art. 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted and which give effect to the rights recognized in the present Covenant and on the progress made in the enjoyment of those rights:

(a)
Within one year of the entry into force of this Covenant, for each State Party concerned in respect of it;
(b)
Thereafter, each time the Committee requests it.

2. All reports shall be addressed to the Secretary-General of the United Nations, who shall transmit them to the Committee for its consideration. The reports shall indicate, where appropriate, the factors and difficulties affecting the implementation of the provisions of the present Covenant.

(3) The Secretary-General of the United Nations may, after consulting the Committee, communicate to interested specialized agencies copies of any reports that may relate to their area of competence.

The Committee shall consider the reports submitted by the States parties to the present Covenant. It shall address the States Parties to its own reports, as well as any general comments which it considers appropriate. The Committee may also transmit to the Economic and Social Council those comments, together with copies of the reports it has received from States parties to the present Covenant.

5. The States Parties to the present Covenant may submit comments to the Committee on any comments that would be made under s. 4 of this article.

Art.

(1) Any State Party to the present Covenant may, under this article, declare at any time that it recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party does not Does not fulfil its obligations under this Covenant. Communications under this Article may be received and considered only if they emanate from a State Party which has made a declaration recognizing, as far as it is concerned, the competence of the Committee. The Committee shall not receive any communication of interest to a State Party which has not made such a declaration. The following procedure shall apply in respect of communications received in accordance with this Article:

(a)
If a State Party to the present Covenant considers that another State party to the Covenant does not apply the provisions of the Covenant, it may, by written communication, draw the attention of that State to the matter. Within three months of the receipt of the communication, the receiving State shall inform the State which has sent the communication of the explanations or any other written statements clarifying the question, which shall include, in As far as possible and useful, indications of its rules of procedure and of the means of redress are already being used, either pending or still open.
(b)
If, within six months from the date of receipt of the original communication by the receiving State, the matter is not settled to the satisfaction of the two States parties concerned, both parties shall have the right to submit it to the Committee, by sending a notification to the Committee and to the other State concerned.
(c)
The Committee shall not be aware of any matter before it until after it has ascertained that all available domestic remedies have been used and exhausted, in accordance with generally accepted principles of international law.
This rule does not apply in cases where the appeal procedures exceed reasonable time limits.
(d)
The Committee shall hold closed meetings when examining the communications provided for in this article.
(e)
Subject to the provisions of paragraph (c), the Committee shall make its good offices available to interested States Parties in order to arrive at an amicable solution to the question based on respect for human rights and fundamental freedoms, As recognized in the present Covenant.
(f)
In any matter referred to it, the Committee may request the States parties concerned referred to in para. B provide all relevant information.
(g)
The States Parties concerned, referred to in paragraph (b), shall have the right to be represented in the Committee's consideration of the case and to make observations orally or in writing, or in any other form.
(h)
The Committee shall submit a report within twelve months of the date of receipt of the notification referred to in para. B:
(i)
If a solution has been found in accordance with the provisions of subparagraph (e), the Committee shall confine itself, in its report, to a brief statement of the facts and the solution;
(ii)
If a solution could not be found in accordance with the provisions of subparagraph (e), the Committee shall confine itself, in its report, to a brief statement of the facts; the text of the written observations and the minutes of the oral observations submitted by the States Interested parties are attached to the report.
For each case, the report shall be communicated to the States Parties concerned.

(2) The provisions of this article shall enter into force when ten States parties to the present Covenant have made the declaration provided for in paragraph 1 of this article. The said declaration shall be filed by the State Party 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 a notification addressed to the Secretary-General. Such withdrawal shall be without prejudice to the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by a State Party shall be received after the Secretary-General has received notification The withdrawal of the declaration, unless the State Party concerned has made a new declaration.

Art.
1.
(a) If a matter referred to the Committee in accordance with art. 41 is not settled to the satisfaction of the States parties concerned, the Committee may, with the prior consent of the States parties concerned, appoint a conciliation commission Ad hoc (hereinafter referred to as the Commission). The Commission shall make its good offices available to interested States Parties in order to arrive at an amicable solution to the matter, based on compliance with the present Covenant;
(b)
The Commission shall be composed of five members appointed with the agreement of the States Parties concerned. If the States Parties concerned do not reach an agreement on all or part of the composition of the Commission within three months, the members of the Commission for which the agreement has not been reached shall be elected by secret ballot Members of the Committee, by a two-thirds majority of the members of the Committee.

2. The members of the Commission shall serve on an individual basis. They shall not be nationals or of the States Parties concerned, or of a State which is not a party to the present Covenant, or of a State Party which has not made the declaration provided for in Art. 41.

The Commission shall elect its President and adopt its rules of procedure.

The Commission shall normally hold its meetings at United Nations Headquarters or at the United Nations Office at Geneva. However, it may meet in any other appropriate place that may be determined by the Commission in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided for in art. 36 also lends its services to the commissions designated under this section.

6. The information obtained and compiled by the Committee shall be made available to the Commission, and the Commission may request the States Parties concerned to provide it with any relevant additional information.

7. After having considered the matter in all its aspects, but in any case within a maximum period of twelve months after it has been referred to it, the Commission shall submit a report to the Chairman of the Committee, which shall communicate it to the States Parties concerned:

(a)
If the Commission cannot complete its consideration of the matter within twelve months, it merely indicates briefly in its report on the matter;
(b)
If an amicable settlement of the issue, based on respect for human rights recognized in the present Covenant, has been reached, the Commission merely indicates briefly in its report the facts and the settlement reached;
(c)
If a regulation has not been reached within the meaning of para. b, the Commission shall include in its report its conclusions on all points of fact relating to the issue under discussion between the States Parties concerned and its findings on the Possibilities for amicable settlement of the case; the report also contains the written observations and a verbatim record of the oral observations submitted by the States parties concerned;
(d)
If the report of the Commission is submitted in accordance with para. c, the States Parties concerned shall inform the Chairman of the Committee, within three months of receipt of the report, whether or not they accept the terms of the Commission's report.

8. The provisions of this Article shall be without prejudice to the powers of the Committee provided for in Art. 41.

9. All expenses of the members of the Commission shall be apportioned equally among the States Parties concerned, on the basis of an estimate prepared by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be entitled, if necessary, to pay the members of the Commission for their expenses, before the reimbursement has been made by the States Parties concerned, in accordance with subs. 9 of this article.

Art. 43

Members of the Committee and members of ad hoc conciliation committees which could be appointed in accordance with Art. 42 are entitled to the facilities, privileges and immunities accorded to experts on mission for the United Nations, as set out in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Art. 44

The provisions for the implementation of the present Covenant shall be without prejudice to the procedures established in the field of human rights under or under the constituent instruments and conventions of the United Nations and And shall not prevent States Parties from resorting to other procedures for the settlement of a dispute in accordance with the general or special international agreements which bind them.

Art. 45

The Committee shall report annually to the General Assembly of the United Nations, through the Economic and Social Council, on its work.

Fifth part

Art.

Nothing in this Covenant shall be construed as affecting the provisions of the Charter of the United Nations and the constitutions of the specialized agencies which define the respective responsibilities of the various organs of The United Nations and specialized agencies with regard to matters dealt with in the present Covenant.

Art.

Nothing in the present Covenant shall be interpreted as affecting the inherent right of all peoples to enjoy and to use their natural resources and natural resources fully and freely.

Part Six

Art. 48

(1) This Covenant shall be open for signature by any State Member of the United Nations or member of any of its specialized agencies, of any State Party to the Statute of the International Court of Justice 1 , as well as any other State invited by the General Assembly of the United Nations to become party to this Covenant.

2. The present Covenant is subject to ratification and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.

(3) This Covenant shall be open for accession by any State referred to in s. 1 of this article.

4. Accession shall be made 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 or acceded to the present Covenant of the deposit of each instrument of ratification or accession.


Art.

The present Covenant shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or accession.

(2) For each State ratifying or acceding to this Covenant after the deposit of the thirty-fifth instrument of ratification or accession, the said Covenant shall enter into force three months after the date of the deposit of its instrument of Ratification or accession.

Art. 50

The provisions of the present Covenant shall apply, without any limitation or exception, to all constituent units of the Federative States.

Art.

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 shall then transmit any draft amendments to the States Parties to the present Covenant by asking them to indicate whether they wish to convene a conference of States Parties to consider and vote on those drafts. If at least one third of the States declare themselves in favour of the convening, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States present and voting at the Conference shall be submitted for approval to the General Assembly of the United Nations.

2. These amendments shall enter into force when they have been approved by the General Assembly of the United Nations and accepted, in accordance with their respective constitutional requirements, by a two-thirds majority of the States Parties to the present Covenant.

3. When these amendments enter into force, they shall be binding on the States Parties which have accepted them, the other States Parties remaining bound by the provisions of this Covenant and any previous amendment which they have accepted.

Art.

Irrespective of the notifications provided for in s. 5 of the art. 48, the Secretary-General of the United Nations shall inform all States referred to in para. 1 of said article:

(a)
The signatures of the present Covenant and of the instruments of ratification and accession deposited in accordance with Art. 48;
(b)
The date on which the present Covenant enters into force in accordance with Art. 49 and the date on which the amendments referred to in Article 51 shall come into force.
Art. Scope of application on 27 October 2011 Declaration recognizing the competence of the Committee on Rights
Of man under s. 41 Other reservations and declarations

1. The present Covenant, of which the English, Chinese, Spanish, French and Russian 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 the present Covenant to all States referred to in Art. 48.

(Suivent signatures)

Scope of application on 27 October 2011 3

States Parties

Ratification Accession (A) Declaration of succession (S)

Entry into force

Afghanistan

24 January

1983 A

24 April

1983

South Africa *

10 December

1998

10 March

1999

Albania

4 October

1991 A

4 January

1992

Algeria *

12 September

1989

12 December

1989

Germany * **

17 December

1973

3 January

1976

Andorra

22 September

2006

22 December

2006

Angola

10 January

1992 A

10 April

1992

Argentina *

8 August

1986

8 November

1986

Armenia

23 June

1993 A

23 September

1993

Australia * **

13 August

1980

13 November

1980

Austria * **

10 September

1978

10 December

1978

Azerbaijan

13 August

1992 A

13 November

1992

Bahamas *

December 23

2008

23 March

2009

Bahrain

September 20

2006 A

20 December

2006

Bangladesh *

September 6

2000 A

6 December

2000

Barbados *

5 January

1973 A

23 March

1976

Belarus *

12 November

1973

23 March

1976

Belgium * **

April 21

1983

July 21

1983

Belize *

10 June

1996 A

10 September

1996

Benin

12 March

1992 A

12 June

1992

Bolivia

August 12

1982 A

12 November

1982

Bosnia and Herzegovina *

1 Er September

1993 S

6 March

1992

Botswana *

8 September

2000

8 December

2000

Brazil

24 January

1992 A

24 April

1992

Bulgaria *

21 September

1970

23 March

1976

Burkina Faso

4 January

1999 A

April 4

1999

Burundi

9 May

1990 A

August 9

1990

Cambodia

26 May

1992 A

26 August

1992

Cameroon

27 June

1984 A

27 September

1984

Canada * **

19 May

1976 A

19 August

1976

Cape Verde

August 6

1993 A

6 November

1993

Chile *

10 February

1972

23 March

1976

China

Hong Kong

20 June

1997

July 1

1997

Macao *

3 December

1999

20 December

1999

Cyprus * *

2 April

1969

23 March

1976

Colombia

29 October

1969

23 March

1976

Congo (Brazzaville) *

5 October

1983 A

5 January

1984

Congo, Kinshasa

1 Er November

1976 A

1 Er February

1977

Korea (North)

September 14

1981 A

14 December

1981

Korea (South) *

10 April

1990 A

10 July

1990

Costa Rica

29 November

1968

23 March

1976

Côte d' Ivoire

26 March

1992 A

26 June

1992

Croatia *

12 October

1992 S

8 October

1991

Denmark * **

6 January

1972

23 March

1976

Djibouti

5 November

2002 A

5 February

2003

Dominica

17 June

1993 A

September 17

1993

Egypt *

14 January

1982

April 14

1982

El Salvador

30 November

1979

29 February

1980

Ecuador *

6 March

1969

23 March

1976

Eritrea

22 January

2002 A

22 April

2002

Spain * **

April 27

1977

27 July

1977

Estonia * *

21 October

1991 A

21 January

1992

US * **

8 June

1992

8 September

1992

Ethiopia

11 June

1993 A

11 September

1993

Finland * **

19 August

1975

23 March

1976

France * **

4 November

1980 A

4 February

1981

Gabon

21 January

1983 A

April 21

1983

Gambia *

22 March

1979 A

22 June

1979

Georgia

3 May

1994 A

August 3

1994

Ghana *

7 September

2000

7 December

2000

Greece * *

5 May

1997 A

August 5

1997

Grenada

September 6

1991 A

6 December

1991

Guatemala

5 May

1992 A

August 5

1992

Guinea *

24 January

1978

24 April

1978

Equatorial Guinea

September 25

1987 A

25 December

1987

Guinea-Bissau

1 Er November

2010

1 Er February

2011

Guyana *

February 15

1977

15 May

1977

Haiti

February 6

1991 A

6 May

1991

Honduras

August 25

1997

25 November

1997

Hungary * **

17 January

1974

23 March

1976

India *

10 April

1979 A

10 July

1979

Indonesia *

23 February

2006 A

23 May

2006

Iran

24 June

1975

23 March

1976

Iraq

25 January

1971

23 March

1976

Ireland * **

8 December

1989

8 March

1990

Iceland *

22 August

1979

22 November

1979

Israel *

3 October

1991

3 January

1992

Italy * **

September 15

1978

15 December

1978

Jamaica

3 October

1975

23 March

1976

Japan *

21 June

1979

21 September

1979

Jordan

28 May

1975

23 March

1976

Kazakhstan

24 January

2006

24 April

2006

Kenya

1 Er May

1972 A

23 March

1976

Kyrgyzstan

7 October

1994 A

7 January

1995

Kuwait *

21 May

1996 A

August 21

1996

Laos *

September 25

2009

25 December

2009

Lesotho

9 September

1992 A

9 December

1992

Latvia * *

April 14

1992 A

July 14

1992

Lebanon

3 November

1972 A

23 March

1976

Liberia

22 September

2004

22 December

2004

Libya

15 May

1970 A

23 March

1976

Liechtenstein *

10 December

1998 A

10 March

1999

Lithuania

20 November

1991 A

20 February

1992

Luxembourg *

August 18

1983

18 November

1983

Macedonia

January 18

1994 S

17 November

1991

Madagascar

21 June

1971

23 March

1976

Malawi

22 December

1993 A

22 March

1994

Maldives *

19 September

2006 A

19 December

2006

Mali

July 16

1974 A

23 March

1976

Malta *

13 September

1990 A

13 December

1990

Morocco

3 May

1979

August 3

1979

Mauritius

12 December

1973 A

23 March

1976

Mauritania *

17 November

2004 A

17 February

2005

Mexico *

23 March

1981 A

23 June

1981

Moldova

26 January

1993 A

April 26

1993

Monaco *

August 28

1997

28 November

1997

Mongolia *

18 November

1974

23 March

1976

Montenegro

23 October

2006 S

3 June

2006

Mozambique

July 21

1993 A

21 October

1993

Namibia

28 November

1994 A

28 February

1995

Nepal

14 May

1991 A

August 14

1991

Nicaragua

12 March

1980 A

12 June

1980

Niger

7 March

1986 A

7 June

1986

Nigeria

July 29

1993 A

29 October

1993

Norway * **

13 September

1972

23 March

1976

New Zealand *

28 December

1978

28 March

1979

Uganda

21 June

1995 A

21 September

1995

Uzbekistan

28 September

1995 A

28 December

1995

Pakistan * **

23 June

2010

23 September

2010

Panama

8 March

1977

8 June

1977

Papua New Guinea

July 21

2008 A

21 October

2008

Paraguay

10 June

1992 A

10 September

1992

Netherlands * **

11 December

1978

March 11

1979

Aruba

11 December

1978

March 11

1979

Curaçao

11 December

1978

March 11

1979

Caribbean (Bonaire, Sint Eustatius and Saba)

11 December

1978

March 11

1979

Sint Maarten

11 December

1978

March 11

1979

Peru *

28 April

1978

28 July

1978

Philippines *

23 October

1986

23 January

1987

Poland * **

18 March

1977

18 June

1977

Portugal * **

15 June

1978

September 15

1978

Central African Republic

8 May

1981 A

8 August

1981

Dominican Republic

4 January

1978 A

April 4

1978

Czech Republic * **

22 February

1993 S

1 Er January

1993

Romania *

9 December

1974

23 March

1976

United Kingdom * **

20 May

1976

August 20

1976

Bermuda

20 May

1976

August 20

1976

Gibraltar

20 May

1976

August 20

1976

Guernsey

20 May

1976

August 20

1976

Isle of Man

20 May

1976

August 20

1976

Cayman Islands

20 May

1976

August 20

1976

Falkland Islands

20 May

1976

August 20

1976

Pitcairn Islands (Ducie, Oeno, Henderson and Pitcairn)

20 May

1976

August 20

1976

Turks and Caicos Islands

20 May

1976

August 20

1976

British Virgin Islands

20 May

1976

August 20

1976

Jersey

20 May

1976

August 20

1976

Montserrat

20 May

1976

August 20

1976

St. Helena and Dependencies (Ascension and Tristan da Cunha)

20 May

1976

August 20

1976

Russia *

October 16

1973

23 March

1976

Rwanda

April 16

1975 A

23 March

1976

San Marino

18 October

1985 A

January 18

1986

Saint Vincent and the Grenadines

9 November

1981 A

February 9

1982

Samoa *

February 15

2008 A

15 May

2008

Senegal *

13 February

1978

13 May

1978

Serbia

12 March

2001 S

April 27

1992

Seychelles

5 May

1992 A

August 5

1992

Sierra Leone

August 23

1996 A

23 November

1996

Slovakia * **

28 May

1993 S

1 Er January

1993

Slovenia *

July 6

1992 S

25 June

1991

Somalia

24 January

1990 A

24 April

1990

Sudan

18 March

1986 A

18 June

1986

Sri Lanka *

11 June

1980 A

11 September

1980

Sweden * **

6 December

1971

23 March

1976

Switzerland * **

18 June

1992 A

18 September

1992

Suriname

28 December

1976 A

28 March

1977

Swaziland

26 March

2004 A

26 June

2004

Syria *

April 21

1969 A

23 March

1976

Tajikistan

4 January

1999 A

April 4

1999

Tanzania

11 June

1976 A

11 September

1976

Chad

9 June

1995 A

9 September

1995

Thailand *

29 October

1996 A

29 January

1997

Timor-Leste

18 September

2003 A

18 December

2003

Togo

24 May

1984 A

August 24

1984

Trinidad and Tobago *

21 December

1978 A

21 March

1979

Tunisia *

18 March

1969

23 March

1976

Turkmenistan

1 Er May

1997 A

1 Er August

1997

Turkey *

23 September

2003

December 23

2003

Ukraine *

12 November

1973

23 March

1976

Uruguay * *

1 Er April

1970

23 March

1976

Vanuatu

21 November

2008

21 February

2009

Venezuela *

10 May

1978

10 August

1978

Vietnam *

24 September

1982 A

24 December

1982

Yemen *

February 9

1987 A

9 May

1987

Zambia

10 April

1984 A

10 July

1984

Zimbabwe *

13 May

1991 A

13 August

1991

*

Reservations and declarations.

**

Objections. Reservations, declarations and objections, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.


Declaration recognizing the competence of the Human Rights Committee under s. 41

Switzerland

Switzerland declares, by virtue of art. 41, which it acknowledges, for a period of five years (as of 16 April 2010), 4 The competence of the Human Rights Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Covenant.


Other reservations and declarations

Switzerland 5

Article 10, para. 2, let. B:

... 6

Article 12, para. 1:

The right to move and freely choose his residence shall be applicable subject to the provisions of the federal legislation on aliens, according to which residence and establishment authorisations are valid only for the canton which Issued them.

Article 14, para. 1 and 5

... 7

Article 14, para. 3, let. D and f:

... 8

Article 20:

Switzerland reserves the right not to adopt new measures to prohibit propaganda in favour of war, which is prohibited by art. 20, para. 1.

Article 25, let. B:

This provision shall be applied without prejudice to the provisions of the cantonal and communal law which provide or admit that elections in the Assemblies do not take place by secret ballot.

Art. 26:

The equality of all persons before the law and their right to equal protection of the law without discrimination will be guaranteed only in conjunction with other rights contained in the present Covenant.


RO 1993 750; FF 1991 I 1129


1 RO 1993 747
2 RS 0.120
3 RO 1993 769 3103, 1996 717, 2003 4079, 2004 1375, 2005 2615, 2007 415 3837, 2008 645, 2009 7097, 2010 2987 and 2011 6527. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
4 RO 2010 2987
5 Art. 1 al. 1 of the AF of 13 Dec. 1991 (RO 1993 747)
6 RO 2007 3837
7 RO 2007 3837
8 RO 2003 4080 , 2004 1375


Status October 27, 2011