to the International Covenant
on Civil and Political Rights
The States Parties to the Present Protocol,
Considering that in order further to achieve the purposes of the
Covenant on Civil and Political Rights (hereinafter referred to as
the Covenant) and the implementation 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:
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
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.
The Committee shall consider inadmissible any communication under
the present Protocol which is anonymous, or which it considers to
be an abuse of the rights of submission of such communications or
to be incompatible with the provisions of the Covenant.
- 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 provisions
of the Covenant.
- 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.
- 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.
- The Committee shall not consider any
communication from an individual unless it has ascertained
- The same matter is not being
examined under another procedure of international investigation
- The individual has exhausted all
available domestic remedies. This shall not be the rule where
the application of the remedies is unreasonably prolonged.
- The Committee shall hold closed
meetings when examining communications under the present
- The Committee shall forward its views
to the State Party concerned and to the individual.
The Committee shall include in its annual report under
article 45 of the Covenant a summary of its activities under
the present Protocol.
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.
- The present Protocol is open for
signature by any State which has signed the Covenant.
- 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.
- The present Protocol shall be open to
accession by any State which has ratified or acceded to the
- Accession shall be effected by the
deposit of an instrument of accession with the Secretary-General
of the United Nations.
- 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.
- 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.
- 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.
The provisions of the present Protocol shall extend to all parts
of federal States without any limitations or exceptions.
- 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.
- 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.
- 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.
- 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.
- 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
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 1, of the Covenant of the following
- Signatures, ratifications and accessions under
- 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
- Denunciations under article 12.
- 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
- 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.
[UN14668-P.txt] U.N.T.S. No. 14668, vol 999 (1976), p. 302.
Created on July 16, 1994 / Last edited on January 27,
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