Optional Protocol to the International Covenant
on Civil and Political Rights
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Adopted and opened for signature, ratification and
accession by General Assembly resolution 2200A (XXI)
of 16
December 1966
entry into force 23 March 1976, in accordance with
Article 9
The States Parties to the present Protocol,
Considering
that in order further to achieve the purposes of the International
Covenant on Civil and Political Rights (hereinafter referred to as
the Covenant) and the implemenation 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:
Article 1
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 present Protocol.
Article 2
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.
Article 3 The Committee shall consider
inadmissible any communciation under the present Protocol which is
anonymous, or which it considers to be an abuse of the right of
submission of such communications or to be incompatible with the
provisions of the Covenant.
Article 4
1. 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 provision of the Covenant.
2. 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.
Article 5
1. 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.
2. The Committee shall not consider any communication from an
individual unless it has ascertained that:
(a) The same matter is not being examined under another procedure
of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies.
This shall not be the rule where the application of the remedies is
unreasonably prolonged. 3. The Committee shall hold closed
meetings when examining communications under the present Protocol.
4. The Committee shall forward its views to the State Party
concerned and to the individual.
Article 6
The Committee shall include in its annual report under article 45
of the Covenant a summary of its activities under the present
Protocol.
Article 7
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.
Article 8
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 or acceded to the Covenant. Instruments of
ratification shall be deposited with the Secretary-General of the
United Nations.
3. The present Protocol shall be open to accession by any State
which has ratified or acceded to the Covenant.
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 acceded to it of
the deposit of each instrument of ratification or accession.
Article 9
1. 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.
2. 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.
Article 10
The provisions of the present Protocol shall extend to all parts
of federal States without any limitations or exceptions.
Article 11
1. 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.
2. 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.
3. 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.
Article 12
1. 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.
2. 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
denunciation.
Article 13
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
I, of the Covenant of the following particulars:
(a) Signatures, ratifications and accessions under article 8;
(b) 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 article 11;
(c) Denunciations under article 12.
Article 14
1. 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 Nations.
2. 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.
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