International Covenant on Civil and Political Rights 5

International Covenant on Civil and Political Rights

 

Article 30

1. The initial election shall be held no later than six months after the
date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee
other than an election to fill a vacancy declared in accordance with
article 34, the Secretary-General of the United Nations shall address a
written invitation to the States Parties to the present Covenant to submit
their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in
alphabetical order of all the persons thus nominated, with an indication of
the States Parties which have nominated them, and shall submit it to the
States Parties to the present Covenant no later than one month before the
date of each election.

4. Elections of the members of the Committee shall be held at a meeting of
the States Parties to the present Covenant convened by the
Secretary-General of the United Nations at the Headquarters of the United
Nations. At that meeting, for which two thirds of the States Parties to the
present Covenant shall constitute a quorum, the persons elected to the
Committee shall be those nominees who obtain the largest number of votes
and an absolute majority of the votes of the representatives of States
Parties present and voting.

Article 31

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

2. In the election of the Committee, consideration shall be given to
equitable geographical distribution of membership and to the representation
of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years.
They shall be eligible for re-election if renominated. However, the terms
of nine of the members elected at the first election shall expire at the
end of two years; immediately after the first election, the names of these
nine members elected at the first election shall expire at the end of two
years; immediately after the first election, the names of these nine
members shall be chosen by lot by the Chairman of the meeting referred to
in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the
preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the
Committee has ceased to carry out his functions for any cause other than
absence of a temporary character, the Chairman of the Committee shall
notify the Secretary-General of the United Nations, who shall then declare
the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the
Committee, the Chairman shall immediately notify 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 effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term
of office of the member to be replaced does not expire within six months of
the declaration of the vacancy, the Secretary-General of the United Nations
shall notify each of the States Parties to the present Covenant, which may
within two months submit nominations in accordance with article 29 for the
purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in
alphabetical order of the persons thus nominated and shall submit it to the
States Parties to the present Covenant. The election to fill the vacancy
shall then take place in accordance with the relevant provisions of this
part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in
accordance with Article 33 shall hold office for the remainder of the term
of the member who vacated the seat on the Committee under the provisions of
that article.

Article 35

The members of the Committee shall, with the approval of the General
Assembly of the United Nations, receive emoluments from United Nations
resources on such terms and conditions as the General Assembly may decide,
having regard to the importance of the Committee’s responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary
staff and facilities for the effective performance of the functions of the
Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial
meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as
shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United
Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a
solemn declaration in open committee that he will perform his functions
impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may
be re-elected.

2. The Committee shall establish its own rules of procedure, but these
rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the
members present.

Article 40

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

(a) Within one year of the entry into force of the present Covenant for
the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United
Nations, who shall transmit them to the Committee for consideration.
Reports shall indicate the factors and difficulties, if any, affecting the
implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with
the Committee, transmit to the specialized agencies concerned copies of
such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to
the present Covenant. It shall transmit its reports, and such general
comments as it may consider appropriate, to the States Parties. The
Committee may also transmit to the Economic and Social Council these
comments along with the copies of the reports it has received from States
Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee
observations on any comments that may be made in accordance with paragraph
4 of this article.

 

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Covenant on Civil and Political Rights.


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