International Covenant on Civil and Political Rights

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International Covenant on Civil and Political Rights
ICCPR-members2.PNG
Parties and signatories of the ICCPR
  State party
  Signatory that has not ratified
  State party that attempted to withdraw
  Non-party; non-signatory
Type United Nations General Assembly resolution
Drafted1954
Signed16 December 1966 [1]
Location United Nations Headquarters, New York City
Effective23 March 1976 [1]
Signatories74 [1]
Parties173 [1]
Depositary Secretary-General of the United Nations
LanguagesFrench, English, Russian, Chinese, Spanish [2]
Full text at Wikisource-logo.svg Wikisource

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. [3] It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. [upper-alpha 1] As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; [1] North Korea is the only state that has tried to withdraw.

Contents

The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). [4]

Compliance with the ICCPR is monitored by the United Nations Human Rights Committee, [upper-alpha 2] which reviews regular reports of states parties on how the rights are being implemented. States must report one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets at the UN Office at Geneva, Switzerland and typically holds three sessions per year.

History

International Covenant on Civil and Political Rights International Covenant on Civil and Political Rights.pdf
International Covenant on Civil and Political Rights

The ICCPR (International Covenant On Civil and Political Rights) has its roots in the same process that led to the Universal Declaration of Human Rights. [5] A "Declaration on the Essential Rights of Man" had been proposed at the 1945 San Francisco Conference which led to the founding of the United Nations, and the Economic and Social Council was given the task of drafting it. [4] Early on in the process, the document was split into a declaration setting forth general principles of human rights, and a convention or covenant containing binding commitments. The former evolved into the UDHR and was adopted on 10 December 1948. [4]

Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic, Social and Cultural Rights. [6] These eventually caused the convention to be split into two separate covenants, "one to contain civil and political rights and the other to contain economic, social and cultural rights". [7] The two covenants were to contain as many similar provisions as possible, and be opened for signature simultaneously. [7] Each would also contain an article on the right of all peoples to self-determination. [8]

The first document became the International Covenant on Civil and Political Rights and the second the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN General Assembly for discussion in 1954 and adopted in 1966. [9] As a result of diplomatic negotiations the International Covenant on Economic, Social and Cultural Rights was adopted shortly before the International Covenant on Civil and Political Rights. Together, the UDHR and the two Covenants are considered to be the foundational human rights texts in the contemporary international system of human rights. [5]

Articles of the Covenant

The Covenant follows the structure of the UDHR and ICESCR, with a preamble and fifty-three articles, divided into six parts. [10]

Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the right to "freely determine their political status", [11] pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, [12] and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self-determination. [13]

Part 2 (Articles 2 – 5) obliges parties to legislate where necessary to give effect to the rights recognised in the Covenant, and to provide an effective legal remedy for any violation of those rights. [14] It also requires the rights be recognised "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status," [15] and to ensure that they are enjoyed equally by women. [16] The rights can only be limited "in time of public emergency which threatens the life of the nation," [17] and even then no derogation is permitted from the rights to life, freedom from torture and slavery, the freedom from retrospective law, the right to personhood, and freedom of thought, conscience, religion and freedom from medical or scientific experimentation without consent. [18]

Part 3 (Articles 6 – 27) lists the rights themselves. These include rights to:

Many of these rights include specific actions which must be undertaken to realize them.

Part 4 (Articles 28 – 45) governs the establishment and operation of the Human Rights Committee and the reporting and monitoring of the Covenant. It also allows parties to recognize the competence of the committee to resolve disputes between parties on the implementation of the Covenant (Articles 41 and 42).

Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be interpreted as interfering with the operation of the United Nations or "the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources". [19]

Part 6 (Articles 48–53) governs ratification, entry into force, and amendment of the Covenant.

Rights to physical integrity

Article 6 of the Covenant recognises the individual's "inherent right to life" and requires it to be protected by law. [20] It is a "supreme right" from which no derogation can be permitted, and must be interpreted widely. [21] It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces. [21]

While Article 6 does not prohibit the death penalty, it restricts its application to the "most serious crimes" [22] and forbids it to be used on children and pregnant women [23] or in a manner contrary to the Convention on the Prevention and Punishment of the Crime of Genocide. [24] The UN Human Rights Committee interprets the Article as "strongly suggest[ing] that abolition is desirable", [21] and regards any progress towards abolition of the death penalty as advancing this right. [21] The Second Optional Protocol commits its signatories to the abolition of the death penalty within their borders.

Article 7 prohibits torture, cruel, inhuman or degrading punishment and non-consensual medical or scientific experimentation. [25] As with Article 6, it cannot be derogated from under any circumstances. [18] The article is now interpreted to impose similar obligations to those required by the United Nations Convention Against Torture, including not just prohibition of torture, but active measures to prevent its use and a prohibition on refoulement. [26] In response to Nazi human experimentation during WW2 this article explicitly includes a prohibition on medical and scientific experimentation without consent. [25]

Article 8 prohibits slavery and enforced servitude in all situations. [27] The article also prohibits forced labour, with exceptions for criminal punishment, military service and civil obligations. [28]

Liberty and security of person

Article 9 recognises the rights to liberty and security of the person. It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be according to law, [29] and obliges parties to allow those deprived of their liberty to challenge their imprisonment through the courts. [30] These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to mental illness, drug addiction, or for educational or immigration purposes. [31]

Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone arrested to be promptly informed of the charges against them, and to be brought promptly before a judge. [32] It also restricts the use of pre-trial detention, [33] requiring that it not be 'the general rule'. [31]

Article 10 requires anyone deprived of liberty to be treated with dignity and humanity. [34] This applies not just to prisoners, but also to those detained for immigration purposes or psychiatric care. [35] The right complements the Article 7 prohibition on torture and cruel, inhuman or degrading treatment. [35] The article also imposes specific obligations around criminal justice, requiring prisoners in pretrial detention to be separated from convicted prisoners, and children to be separated from adults. [36] It requires prisons to be focused on reform and rehabilitation rather than punishment. [37]

Article 11 prohibits the use of imprisonment as a punishment for breach of contract. [38]

Procedural fairness and rights of the accused

Article 14 recognizes and protects a right to justice and a fair trial. Article 14.1 establishes the ground rules: everyone must be equal before the courts, and any hearing must take place in open court before a competent, independent and impartial tribunal, with any judgment or ruling made public. [39] Closed hearings are only permitted for reasons of privacy, justice, or national security, and judgments may only be suppressed in divorce cases or to protect the interests of children. [39] These obligations apply to both criminal and civil hearings, and to all courts and tribunals. [40] Article 14.3 mandates that litigants must be informed promptly and in detail in a language which they understand. [39]

The rest of the article imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused and the right to a fair trial. It establishes the Presumption of innocence [41] and forbids double jeopardy. [42] It requires that those convicted of a crime be allowed to appeal to a higher tribunal, [43] and requires victims of a Miscarriage of justice to be compensated. [44] It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the accused to be present and call and examine witnesses. [45]

Article 15 prohibits prosecutions under ex post facto law and the imposition of retrospective criminal penalties, and requires the imposition of the lesser penalty where criminal sentences have changed between the offence and conviction. [46] One exception is criminal proceedings held for violations of peremptory norms (jus cogens) under customary international law, [47] such as genocide, slavery, torture, and wars of aggression.

Article 16 requires states to recognize everyone as a person before the law. [48]

Individual liberties

Article 12 guarantees freedom of movement, including the right of persons to choose their residence, to leave and return to a country. [49] These rights apply to legal aliens as well as citizens of a state, [50] and can be restricted only where necessary to protect national security, public order or health, and the rights and freedoms of others. [51] The article also recognises a right of people to enter their own country: the right of return. [52] The Human Rights Committee interprets this right broadly as applying not just to citizens, but also to those stripped of or denied their nationality. [50] They also regard it as near-absolute; "there are few, if any, circumstances in which deprivation of the right to enter one's own country could be reasonable". [50]

Article 13 forbids the arbitrary expulsion of resident aliens and requires such decisions to be able to be appealed and reviewed. [53]

Article 17 mandates the right of privacy. [54] This provision, specifically article 17(1), protects private adult consensual sexual activity, thereby nullifying prohibitions on homosexual behaviour, [55] however, the wording of this covenant's marriage right (Article 23) excludes the extrapolation of a same-sex marriage right from this provision. [56] Article 17 also protects people against unlawful attacks to their honor and reputation. Article 17 (2) grants the protection of the law against such attacks. [54]

Article 18 mandates freedom of religion or belief. [57]

Article 19 mandates freedom of expression. [58]

Article 20 mandates sanctions against inciting war and hatred. [59]

Article 21 mandates freedom of assembly and 22 mandates freedom of association. These provisions guarantee the right to freedom of association, the right to trade unions and also defines the International Labour Organization. [60] [61]

Article 23 mandates the right of marriage. [62] The wording of this provision neither requires nor prohibits same-sex marriage. [63]

Article 24 mandates special protection, the right to a name, and the right to a nationality for every child. [64]

Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language. [65]

Political rights

Article 3 provides an accessory non-discrimination principle. Accessory in the way that it cannot be used independently and can only be relied upon in relation to another right protected by the ICCPR.

In contrast, Article 26 contains a revolutionary norm by providing an autonomous equality principle which is not dependent upon another right under the convention being infringed. This has the effect of widening the scope of the non-discrimination principle beyond the scope of ICCPR.

Optional protocols

There are two Optional Protocols to the Covenant. The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain to the Human Rights Committee about violations of the Covenant. [66] This has led to the creation of a complex jurisprudence on the interpretation and implementation of the Covenant. As of September 2019, the First Optional Protocol has 116 parties. [67]

The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime. [68] As of June 2022, the Second Optional Protocol had 90 parties. [67]

Reservations

A number of parties have made reservations and interpretative declarations to their application of the Covenant. [69]

Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution of those accused of violating the general law of nations. [1]

Australia reserves the right to progressively implement the prison standards of Article 10, to compensate for miscarriages of justice by administrative means rather than through the courts, and interprets the prohibition on racial incitement as being subject to the freedoms of expression, association and assembly. It also declares that its implementation will be effected at each level of its federal system. [1]

Austria reserves the right to continue to exile members of the House of Habsburg, and limits the rights of the accused and the right to a fair trial to those already existing in its legal system. [1]

Bahamas, due to problems with implementation, reserves the right not to compensate for miscarriages of justice. [1]

Bahrain interprets Articles 3 (no sexual discrimination), 18 (freedom of religion) and 23 (family rights) within the context of Islamic Sharia law. [1]

Bangladesh reserves the right to try people in absentia where they are fugitives from justice and declares that resource constraints mean that it cannot necessarily segregate prisons or provide counsel for accused persons. [1]

Barbados reserves the right not to provide free counsel for accused persons due to resource constraints. [1]

Belgium interprets the freedoms of speech, assembly and association in a manner consistent with the European Convention on Human Rights. It does not consider itself obliged to ban war propaganda as required by Article 20, and interprets that article in light of the freedom of expression in the UDHR. [1]

Belize reserves the right not to compensate for miscarriages of justice, due to problems with implementation, and does not plan to provide free legal counsel for the same reasons as above. It also refuses to ensure the right to free travel at any time, due to a law requiring those travelling abroad to provide tax clearance certificates. [1]

Congo, as per the Congolese Code of Civil, Commercial, Administrative and Financial Procedure, in matters of private law, decisions or orders emanating from conciliation proceedings may be enforced through imprisonment for debt. [1]

Denmark reserves the right to exclude the press and the public from trials as per its own laws. Reservation is further made to Article 20, paragraph 1. This reservation is in accordance with the vote cast by Denmark in the XVI General Assembly of the United Nations in 1961 when the Danish Delegation, referring to the preceding article concerning freedom of expression, voted against the prohibition against propaganda for war. [1]

The Gambia, as per its constitution, will provide free legal assistance for accused persons charged with capital offences only. [1]

Pakistan, has made several reservations to the articles in the convention; "the provisions of Articles 3, 6, 7, 18 and 19 shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia laws", "the provisions of Article 12 shall be so applied as to be in conformity with the Provisions of the Constitution of Pakistan", "With respect to Article 13, the Government of the Islamic Republic of Pakistan reserves its right to apply its law relating to foreigners", "the provisions of Article 25 shall be so applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan" and the Government of the Islamic Republic of Pakistan "does not recognize the competence of the Committee provided for in Article 40 of the Covenant".

The United States has made reservations that none of the articles should restrict the right of free speech and association; that the US government may impose capital punishment on any person other than a pregnant woman, including persons below the age of 18; that "cruel, inhuman and degrading treatment or punishment" refers to those treatments or punishments prohibited by one or more of the fifth, eighth, and fourteenth amendments to the US Constitution; that the third clause of Paragraph 1, Article 15 will not apply; and that, notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of Article 14, the US government may treat juveniles as adults, and accept volunteers to the military prior to the age of 18. The United States also submitted five "understandings", and four "declarations". [70]

Implementation and effects

The International Covenant on Civil and Political Rights has 167 states parties, 67 by signature and ratification, and the remainder by accession or succession. Another five states have signed but have yet to ratify the treaty. [1]

According to a 2013 study, the ICCPR has significantly improved human rights practices on matters where evidence-production costs and standards of proof are low, but has had a limited impact for issue areas where legally admissible evidence is costly to produce and standards of proof are high. This means that the ICCPR has "significantly improved governments' respect for the freedoms of speech, association, assembly, and religion" but has had insignificant effects on respect to personal integrity rights. [71]

Australia

The Covenant is not directly enforceable in Australia, but its provisions support a number of domestic laws, which confer enforceable rights on individuals. For example, Article 17 of the convention has been implemented by the Australian Privacy Act 1988. Likewise, the Covenant's equality and anti-discrimination provisions support the federal Disability Discrimination Act 1992. Finally, the Covenant is one of the major sources of 'human rights' listed in the Human Rights (Parliamentary Scrutiny) Act 2011. [72] This law requires most new legislation and administrative instruments (such as delegated/subordinate legislation) to be tabled in parliament with a statement outlining the proposed law's compatibility with the listed human rights [73] A Joint Committee on Human Rights scrutinises all new legislation and statements of compatibility. [74] The findings of the Joint Committee are not legally binding.

Legislation also establishes the Australian Human Rights Commission [75] which allows the Australian Human Rights Commission (AHRC) to examine enacted legislation [76] (to suggest remedial enactments [77] ), its administration [78] (to suggest avoidance of practices [79] ) and general compliance [80] with the covenant which is scheduled to the AHRC legislation. [81]

In Victoria and the Australian Capital Territory, the convention can be used by a plaintiff or defendant who invokes those jurisdiction's human rights charters. [82] While the Convention cannot be used to overturn a Victorian or ACT law, a Court can issue a 'declaration of incompatibility' that requires the relevant Attorney-General to respond in Parliament within a set time period. [84] Courts in Victoria and the ACT are also directed by the legislation to interpret the law in a way to give effect to a human right, [83] and new legislation and subordinate legislation must be accompanied by a statement of compatibility. [85] Efforts to implement a similar Charter at the national level have been frustrated and Australia's Constitution may prevent conferring the 'declaration' power on federal judges. [86]

Ireland

Ireland's use of Special Criminal Courts where juries are replaced by judges and other special procedures apply has been found to not violate the treaty: "In the Committee's view, trial before courts other than the ordinary courts is not necessarily, per se, a violation of the entitlement to a fair hearing and the facts of the present case do not show that there has been such a violation." [87]

New Zealand

New Zealand took measures to give effect to many of the rights contained within it by passing the New Zealand Bill of Rights Act in 1990, and formally incorporated the status of protected person into law through the passing of the Immigration Act 2009. [88]

Sri Lanka

Sri Lankan author Shakthika Sathkumara was arrested on 1 April 2019 for inciting religious violence, following a publication of a short story about homosexuality and child abuse at a Buddhist temple in Sri Lanka. The author had been adjudged the best Sinhala language short story writer in Sri Lanka's National Youth Literary Festivals of 2010 and 2014, and was twice the recipient of the north western provincial state literary award. A group of Buddhist monks had stormed the author's workplace demanding punitive action against him after the story first appeared on Facebook; the ICCPR prohibits "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence". Human rights organizations Civicus and the Asian Human Rights Commission (AHRC) have asserted that the charges are spurious and a clear violation of the author's right to freedom of expression. [89] [90]

United States

Reservations, understandings, and declarations

The United States Senate ratified the ICCPR in 1992, with five reservations, five understandings, and four declarations. [70] Some have noted that with so many reservations, its implementation has little domestic effect, [91] although it has been argued that the reason behind the Senate reservations is that Article 20(2) (regarding hate speech) of the ICCPR may be unconstitutional according to Supreme Court precedent. [92] Included in the Senate's ratification was the declaration that "the provisions of Article 1 through 27 of the Covenant are not self-executing", [93] and a Senate Executive Report stated that the declaration was meant to "clarify that the Covenant will not create a private cause of action in U.S. Courts". [94]

Where a treaty or covenant is not self-executing, and where Congress has not acted to implement the agreement with legislation, no private right of action within the US judicial system is created by ratification. [95] However, a reservation that is "incompatible with the object and purpose" of a treaty is void as a matter of the Vienna Convention on the Law of Treaties and international law, [96] and there is question as to whether the non-self-execution declaration is even constitutional [97] under the Supremacy Clause (Prof. Louis Henkin argues that it is not [98] ). Prof. Jordan Paust criticizes the United States' ratification subject to the non-self-execution declaration as being an abuse of the treaty. [99]

Non-compliance

In 1994, the United Nations' Human Rights Committee expressed concerns with compliance: [100]

Of particular concern are widely formulated reservations which essentially render ineffective all Covenant rights which would require any change in national law to ensure compliance with Covenant obligations. No real international rights or obligations have thus been accepted. And when there is an absence of provisions to ensure that Covenant rights may be sued on in domestic courts, and, further, a failure to allow individual complaints to be brought to the Committee under the first Optional Protocol, all the essential elements of the Covenant guarantees have been removed.

In 2006, the Human Rights Committee expressed concern over what it interprets as material non-compliance, exhorting the United States to take immediate corrective action: [101]

The Committee notes with concern the restrictive interpretation made by the State party of its obligations under the Covenant, as a result in particular of (a) its position that the Covenant does not apply with respect to individuals under its jurisdiction but outside its territory, nor in time of war, despite the contrary opinions and established jurisprudence of the Committee and the International Court of Justice; (b) its failure to take fully into consideration its obligation under the Covenant not only to respect, but also to ensure the rights prescribed by the Covenant; and (c) its restrictive approach to some substantive provisions of the Covenant, which is not in conformity with the interpretation made by the Committee before and after the State party's ratification of the Covenant. The State party should review its approach and interpret the Covenant in good faith, in accordance with the ordinary meaning to be given to its terms in their context, including subsequent practice, and in the light of its object and purpose. The State party should in particular (a) acknowledge the applicability of the Covenant with respect to individuals under its jurisdiction but outside its territory, as well as its applicability in time of war; (b) take positive steps, when necessary, to ensure the full implementation of all rights prescribed by the Covenant; and (c) consider in good faith the interpretation of the Covenant provided by the Committee pursuant to its mandate.

Parties to the Covenant

There are a total of 173 parties to the International Covenant on Civil and Political Rights. [102]

State partySignedRatified or accededEntry into force
Flag of the Taliban.svg  Afghanistan —24 January 198324 April 1983
Flag of Albania.svg  Albania —4 October 19914 January 1992
Flag of Algeria.svg  Algeria 10 December 196812 September 198912 December 1989
Flag of Andorra.svg  Andorra 5 August 200222 September 200622 December 2006
Flag of Angola.svg  Angola —10 January 199210 April 1992
Flag of Antigua and Barbuda.svg  Antigua and Barbuda —3 July 20193 November 2019
Flag of Argentina.svg  Argentina 18 February 19688 August 19868 November 1986
Flag of Armenia.svg  Armenia —23 June 199323 September 1993
Flag of Australia (converted).svg  Australia 18 December 197213 August 198013 November 1980
Flag of Austria.svg  Austria 10 December 197310 September 197810 December 1978
Flag of Azerbaijan.svg  Azerbaijan —13 August 199213 November 1992
Flag of the Bahamas.svg  Bahamas, The 4 December 200823 December 200823 March 2009
Flag of Bahrain.svg  Bahrain —20 September 200620 December 2006
Flag of Bangladesh.svg  Bangladesh —6 September 20006 December 2000
Flag of Barbados.svg  Barbados —5 January 197323 March 1976
Flag of Belarus.svg  Belarus 19 March 196812 November 197323 March 1976
Flag of Belgium (civil).svg  Belgium 10 December 196812 April 198312 July 1983
Flag of Belize.svg  Belize —10 June 199610 September 1996
Flag of Benin.svg  Benin —12 March 199212 June 1992
Bandera de Bolivia (Estado).svg  Bolivia —12 August 198212 November 1982
Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina [upper-alpha 3] —1 September 19936 March 1992
Flag of Botswana.svg  Botswana 8 September 20008 September 20008 December 2000
Flag of Brazil.svg  Brazil —24 January 199224 April 1992
Flag of Bulgaria.svg  Bulgaria 8 October 196821 September 197023 March 1976
Flag of Burkina Faso.svg  Burkina Faso —4 January 19994 April 1999
Flag of Burundi.svg  Burundi —8 May 19908 August 1990
Flag of Cambodia.svg  Cambodia [upper-alpha 4] 17 October 198026 May 199226 August 1992
Flag of Cameroon.svg  Cameroon —27 January 198427 April 1984
Flag of Canada (Pantone).svg  Canada —19 May 197619 August 1976
Flag of Cape Verde.svg  Cape Verde —6 August 19936 November 1993
Flag of the Central African Republic.svg  Central African Republic —8 May 19818 August 1981
Flag of Chad.svg  Chad —9 June 19959 September 1995
Flag of Chile.svg  Chile 16 September 196910 February 197223 March 1976
Flag of Colombia.svg  Colombia 21 December 196629 October 196923 March 1976
Flag of the Democratic Republic of the Congo.svg  Congo, Democratic Republic of the —1 November 19761 February 1977
Flag of the Republic of the Congo.svg  Congo, Republic of the —5 October 19835 January 1984
Flag of Costa Rica.svg  Costa Rica 19 December 196629 November 196823 March 1976
Flag of Cote d'Ivoire.svg  Côte d'Ivoire —26 March 199226 June 1992
Flag of Croatia.svg  Croatia [upper-alpha 3] —12 October 199212 January 1993
Flag of Cyprus.svg  Cyprus 19 December 19662 April 196923 March 1976
Flag of the Czech Republic.svg  Czech Republic [upper-alpha 5] —22 February 19931 January 1993
Flag of Denmark.svg  Denmark 20 March 19686 January 197223 March 1976
Flag of Djibouti.svg  Djibouti —5 November 20025 February 2003
Flag of Dominica.svg  Dominica —17 June 199317 September 1993
Flag of the Dominican Republic.svg  Dominican Republic —4 January 19784 April 1978
Flag of East Timor.svg  East Timor —18 September 200318 December 2003
Flag of Ecuador.svg  Ecuador 4 April 19686 March 196923 March 1976
Flag of Egypt.svg  Egypt 4 August 196714 January 198214 April 1982
Flag of El Salvador.svg  El Salvador 21 September 196730 November 197929 February 1980
Flag of Equatorial Guinea.svg  Equatorial Guinea —25 September 198725 December 1987
Flag of Eritrea.svg  Eritrea —22 January 200222 April 2002
Flag of Estonia.svg  Estonia —21 October 199121 January 1992
Flag of Ethiopia.svg  Ethiopia —11 June 199311 September 1993
Flag of Fiji.svg  Fiji —16 August 201816 November 2018
Flag of Finland.svg  Finland 11 October 196719 August 197523 March 1976
Flag of France.svg  France —4 November 19804 February 1981
Flag of Gabon.svg  Gabon —21 January 198321 April 1983
Flag of The Gambia.svg  Gambia, The —22 March 197922 June 1979
Flag of Georgia.svg  Georgia —3 May 19943 August 1994
Flag of Germany.svg  Germany [upper-alpha 6] 9 October 196817 December 197323 March 1976
Flag of Ghana.svg  Ghana 7 September 20007 September 20007 December 2000
Flag of Greece.svg  Greece —5 May 19975 August 1997
Flag of Grenada.svg  Grenada —6 September 19916 December 1991
Flag of Guatemala.svg  Guatemala —5 May 19925 August 1992
Flag of Guinea.svg  Guinea 28 February 196724 January 197824 April 1978
Flag of Guinea-Bissau.svg  Guinea-Bissau 12 September 20001 November 20101 February 2011
Flag of Guyana.svg  Guyana 22 August 196815 February 197715 May 1977
Flag of Haiti.svg  Haiti —6 February 19916 May 1991
Flag of Honduras.svg  Honduras 19 December 196625 August 199725 November 1997
Flag of Hungary.svg  Hungary 25 March 196917 January 197423 March 1976
Flag of Iceland.svg  Iceland 30 December 196822 August 197922 November 1979
Flag of India.svg  India —10 April 197910 July 1979
Flag of Indonesia.svg  Indonesia —23 February 200623 May 2006
Flag of Iran.svg  Iran 4 April 196824 June 197523 March 1976
Flag of Iraq.svg  Iraq 18 February 196925 January 197123 March 1976
Flag of Ireland.svg  Ireland 1 October 19738 December 19898 March 1990
Flag of Israel.svg  Israel 19 December 19663 October 19913 January 1992
Flag of Italy.svg  Italy 18 January 196715 September 197815 December 1978
Flag of Jamaica.svg  Jamaica 19 December 19663 October 197523 March 1976
Flag of Japan.svg  Japan 30 May 197821 June 197921 September 1979
Flag of Jordan.svg  Jordan 30 June 197228 May 197523 March 1976
Flag of Kazakhstan.svg  Kazakhstan 2 December 200324 January 200624 April 2006
Flag of Kenya.svg  Kenya —1 May 197223 March 1976
Flag of North Korea.svg  Korea, North [upper-alpha 7] —14 September 198114 December 1981
Flag of South Korea.svg  Korea, South —10 April 199010 July 1990
Flag of Kuwait.svg  Kuwait —21 May 199621 August 1996
Flag of Kyrgyzstan (2023).svg  Kyrgyzstan —7 October 19947 January 1995
Flag of Laos.svg  Laos 7 December 200025 September 200925 December 2009
Flag of Latvia.svg  Latvia —14 April 199214 July 1992
Flag of Lebanon.svg  Lebanon —3 November 197223 March 1976
Flag of Lesotho.svg  Lesotho —9 September 19929 December 1992
Flag of Liberia.svg  Liberia 18 April 196722 September 200422 December 2004
Flag of Libya.svg  Libya —15 May 197023 March 1976
Flag of Liechtenstein.svg  Liechtenstein —10 December 199810 March 1999
Flag of Lithuania.svg  Lithuania —20 November 199110 February 1992
Flag of Luxembourg.svg  Luxembourg 26 November 197418 August 198318 November 1983
Flag of North Macedonia.svg  North Macedonia [upper-alpha 3] —18 January 199417 September 1991
Flag of Madagascar.svg  Madagascar 17 September 196921 June 197123 March 1976
Flag of Malawi.svg  Malawi —22 December 199322 March 1994
Flag of Maldives.svg  Maldives —19 September 200619 December 2006
Flag of Mali.svg  Mali —16 July 197423 March 1976
Flag of Malta.svg  Malta —13 September 199013 December 1990
Flag of the Marshall Islands.svg  Marshall Islands —12 March 201812 June 2018
Flag of Mauritania.svg  Mauritania —17 November 200417 February 2005
Flag of Mauritius.svg  Mauritius —12 December 197323 March 1976
Flag of Mexico.svg  Mexico —23 March 198123 June 1981
Flag of Moldova.svg  Moldova —26 January 199326 April 1993
Flag of Monaco.svg  Monaco 26 June 199728 August 199728 November 1997
Flag of Mongolia.svg  Mongolia 5 June 196818 November 197423 March 1976
Flag of Montenegro.svg  Montenegro [upper-alpha 3] —23 October 20063 June 2006
Flag of Morocco.svg  Morocco 19 January 19773 May 19793 August 1979
Flag of Mozambique.svg  Mozambique —21 July 199321 October 1993
Flag of Namibia.svg  Namibia —28 November 199428 February 1995
Flag of Nepal.svg    Nepal —14 May 199114 August 1991
Flag of the Netherlands.svg  Netherlands 25 June 196911 December 197811 March 1979
Flag of New Zealand.svg  New Zealand 12 November 196828 December 197828 March 1979
Flag of Nicaragua.svg  Nicaragua —12 March 198012 June 1980
Flag of Niger.svg  Niger —7 March 19867 June 1986
Flag of Nigeria.svg  Nigeria —29 July 199329 October 1993
Flag of Norway.svg  Norway 20 March 196813 September 197223 March 1976
Flag of Pakistan.svg  Pakistan 17 April 200823 June 201023 September 2010
Flag of Palestine.svg  Palestine —2 April 20142 July 2014
Flag of Panama.svg  Panama 27 July 19768 March 19778 June 1977
Flag of Papua New Guinea.svg  Papua New Guinea —21 July 200821 October 2008
Flag of Paraguay.svg  Paraguay —10 June 199210 September 1992
Flag of Peru.svg  Peru 11 August 197728 April 197828 July 1978
Flag of the Philippines.svg  Philippines 19 December 196623 October 198623 January 1987
Flag of Poland.svg  Poland 2 March 196718 March 197718 June 1977
Flag of Portugal.svg  Portugal [upper-alpha 8] 7 October 197615 June 197815 September 1978
Flag of Qatar.svg  Qatar —21 May 201821 August 2018
Flag of Romania.svg  Romania 27 June 19689 December 197423 March 1976
Flag of Russia.svg  Russia 18 March 196816 October 197323 March 1976
Flag of Rwanda.svg  Rwanda —16 April 197523 March 1976
Flag of Saint Vincent and the Grenadines.svg  Saint Vincent and the Grenadines —9 November 19819 February 1981
Flag of Samoa.svg  Samoa —15 February 200815 May 2008
Flag of San Marino.svg  San Marino —18 October 198518 January 1986
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe 31 October 199510 January 201710 April 2017
Flag of Senegal.svg  Senegal 6 July 197013 February 197813 May 1978
Flag of Serbia.svg  Serbia [upper-alpha 3] —12 March 200127 April 1992
Flag of Seychelles.svg  Seychelles —5 May 19925 August 1992
Flag of Sierra Leone.svg  Sierra Leone —23 August 199623 November 1996
Flag of Slovakia.svg  Slovakia [upper-alpha 5] —28 May 19931 January 1993
Flag of Slovenia.svg  Slovenia [upper-alpha 3] —6 July 19926 October 1992
Flag of Somalia.svg  Somalia —24 January 199024 April 1990
Flag of South Africa.svg  South Africa 3 October 199410 December 199810 March 1999
Flag of Spain.svg  Spain 28 September 197627 April 197727 July 1977
Flag of Sri Lanka.svg  Sri Lanka —11 June 198011 September 1980
Flag of Sudan.svg  Sudan —18 March 198618 June 1986
Flag of Suriname.svg  Suriname —28 December 197628 March 1977
Flag of Eswatini.svg  Swaziland —26 March 200426 June 2004
Flag of Sweden.svg  Sweden 29 September 19676 December 197123 March 1976
Flag of Switzerland (Pantone).svg   Switzerland —18 June 199218 September 1992
Flag of Syria.svg  Syria —21 April 196923 March 1976
Flag of Tajikistan.svg  Tajikistan —4 January 19994 April 1999
Flag of Tanzania.svg  Tanzania —11 June 197611 September 1976
Flag of Thailand.svg  Thailand —29 October 199629 January 1997
Flag of Togo.svg  Togo —24 May 198424 August 1984
Flag of Trinidad and Tobago.svg  Trinidad and Tobago —21 December 197821 March 1979
Flag of Tunisia.svg  Tunisia 30 April 196818 March 196923 March 1976
Flag of Turkey.svg  Turkey 15 August 200023 September 200323 December 2003
Flag of Turkmenistan.svg  Turkmenistan —1 May 19971 August 1997
Flag of Uganda.svg  Uganda —21 June 199521 September 1995
Flag of Ukraine.svg  Ukraine 20 March 196812 November 197323 March 1976
Flag of the United Kingdom.svg  United Kingdom [upper-alpha 9] 16 September 196820 May 197620 August 1976
Flag of the United States.svg  United States 5 October 19778 June 19928 September 1992
Flag of Uruguay.svg  Uruguay 21 February 196721 May 196723 March 1976
Flag of Uzbekistan.svg  Uzbekistan —28 September 199528 December 1995
Flag of Vanuatu.svg  Vanuatu 29 November 200721 November 200821 February 2009
Flag of Venezuela.svg  Venezuela 24 June 196910 May 197810 August 1978
Flag of Vietnam.svg  Vietnam —24 September 198224 December 1982
Flag of Yemen.svg  Yemen —9 February 19879 May 1987
Flag of Zambia.svg  Zambia —10 April 198410 July 1984
Flag of Zimbabwe.svg  Zimbabwe —13 May 199113 August 1991

States not party to the Covenant

Most states in the world are parties to the ICCPR. As of 2018, the following 25 states have not become party to it, while six states have signed the Covenant but not ratified it. [102]

Signatories that have signed and not ratified

StateSigned
Flag of the People's Republic of China.svg  China [upper-alpha 8] [upper-alpha 9] 5 October 1998
Flag of the Comoros.svg  Comoros 25 September 2008
Flag of Cuba.svg  Cuba 28 February 2008
Flag of Nauru.svg  Nauru 12 November 2001
Flag of Palau.svg  Palau 20 September 2011
Flag of Saint Lucia.svg  Saint Lucia 22 September 2011

States which are neither signatories nor parties

  1. Flag of Bhutan.svg  Bhutan
  2. Flag of Brunei.svg  Brunei
  3. Flag of Kiribati.svg  Kiribati
  4. Flag of Malaysia.svg  Malaysia
  5. Flag of the Federated States of Micronesia.svg  Micronesia
  6. Flag of Myanmar.svg  Myanmar
  7. Flag of Oman.svg  Oman
  8. Flag of Saint Kitts and Nevis.svg  Saint Kitts and Nevis
  9. Flag of Saudi Arabia.svg  Saudi Arabia
  10. Flag of Singapore.svg  Singapore
  11. Flag of the Solomon Islands.svg  Solomon Islands
  12. Flag of South Sudan.svg  South Sudan
  13. Flag of Tonga.svg  Tonga
  14. Flag of Tuvalu.svg  Tuvalu
  15. Flag of the United Arab Emirates.svg  United Arab Emirates

Nonmembers of the UN

  1. Flag of the Cook Islands.svg  Cook Islands
  2. Flag of Niue.svg  Niue
  3. Flag of the Republic of China.svg  Taiwan [upper-alpha 10]
  4. Flag of the Vatican City (2023-present).svg  Vatican City (through the Holy See) [upper-alpha 11]

See also

Notes

  1. ↑ Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession
  2. ↑ Not to be confused with the United Nations Human Rights Council.
  3. 1 2 3 4 5 6 Flag of Yugoslavia (1946-1992).svg  Yugoslavia signed the Covenant on 8 August 1967 and ratified it on 2 June 1971; it entered into force for Yugoslavia on 23 March 1976. Following the breakup of Yugoslavia, the following states located in the former Yugoslavia made declarations regarding that status of the Covenant with regard to themselves:
    • Flag of Bosnia and Herzegovina.svg  Bosnia and Herzegovina  – On 1 September 1993, it declared that the Covenant was in force for it since 6 March 1992.
    • Flag of Yugoslavia (1992-2003); Flag of Serbia and Montenegro (2003-2006).svg  Federal Republic of Yugoslavia  – On 12 March 2001, it declared that the Covenant was in force for it since 27 April 1992. On 4 February 2003, the Federal Republic of Yugoslavia changed its name to Serbia and Montenegro, and on 3 June 2006 Flag of Serbia.svg  Serbia succeeded Serbia and Montenegro. Therefore, for Serbia, the Covenant has retroactively been in force since 27 April 1992.
    • Flag of North Macedonia.svg  Republic of Macedonia  – On 18 January 1994, it declared that the Covenant was in force for it since 17 September 1991.
    • Flag of Montenegro.svg  Montenegro  – On 23 October 2006, it declared that the Covenant was in force for it since 3 June 2006.
  4. ↑ Although Cambodia signed the Covenant when it was known as Democratic Kampuchea, it filed an instrument of accession, not ratification, on 26 May 1992.
  5. 1 2 Flag of the Czech Republic.svg  Czechoslovakia signed the Covenant on 7 October 1968 and ratified it on 23 December 1975; it entered into force for Czechoslovakia on 23 March 1976. Following the dissolution of Czechoslovakia, the Flag of the Czech Republic.svg  Czech Republic declared on 22 February 1993 that the Covenant was in force for it since 1 January 1993 and Flag of Slovakia.svg  Slovakia declared on 28 May 1993 that the Covenant was also in force for it since 1 January 1993.
  6. ↑ Flag of East Germany.svg  East Germany signed the Covenant on 23 March 1973 and ratified it on 8 November 1973; it entered into force for East Germany on 23 March 1976. Following the reunification of Germany on 3 October 1990, East Germany ceased to exist.
  7. ↑ On 25 August 1997, North Korea notified the Secretary-General of the United Nations that it was withdrawing from the Covenant. However, the Secretary-General still considers North Korea a state party to the Covenant because the Covenant does not allow for withdrawal and therefore withdrawal would only be possible if all other states parties allowed it, which has not occurred.
  8. 1 2 Portugal extended the territorial application of the Covenant to Macau on 27 April 1993. On 3 December 1999, China notified the Secretary-General of the United Nations that the Covenant would still be in force for Macau following the transfer of sovereignty on 20 December 1999.
  9. 1 2 Both China and the United Kingdom notified the Secretary-General that the Covenant would continue to remain in force for Hong Kong upon transfer of sovereignty on 1 July 1997.
  10. ↑ The Republic of China signed the Covenant on 5 October 1967 but did not ratify it at the time. On 25 October 1971, it lost its United Nations membership. On 31 March 2009, the Legislative Yuan of the Republic of China ratified it along with the International Covenant on Economic, Social and Cultural Rights, but the deposit was rejected by the UN.
  11. ↑ The Vatican is not a member of the United Nations but holds observer status.

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References

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  2. ↑ Article 53 of the ICCPR
  3. ↑ International Covenant on Civil and Political Rights Office of the United Nations High Commissioner of Human Rights
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  7. 1 2 United Nations General Assembly Resolution 543, 5 February 1952.
  8. ↑ United Nations General Assembly Resolution 545, 5 February 1952.
  9. ↑ United Nations General Assembly Resolution 2200, 16 December 1966.
  10. ↑ The following section summarises the text of the Covenant.
  11. ↑ ICCPR, Article 1.1.
  12. ↑ ICCPR, Article 1.2.
  13. ↑ ICCPR, Article 1.3.
  14. ↑ ICCPR, Article 2.2, 2.3.
  15. ↑ ICCPR, Article 2.1.
  16. ↑ ICCPR, Article 3.
  17. ↑ ICCPR, Article 4.1.
  18. 1 2 ICCPR, Article 4.2.
  19. ↑ ICCPR, Article 47.
  20. ↑ ICCPR, Article 6.1.
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  22. ↑ ICCPR, Article 6.2.
  23. ↑ ICCPR, Article 6.5.
  24. ↑ ICCPR, Article 6.3.
  25. 1 2 ICCPR, Article 7.
  26. ↑ "CCPR General Comment No. 20: Replaces general comment 7 concerning prohibition of torture and cruel treatment or punishment". UN OHCHR. 10 March 1992. Retrieved 10 October 2010.
  27. ↑ ICCPR, Articles 8.1, 8.2.
  28. ↑ ICCPR, Article 8.3.
  29. ↑ ICCPR, Article 9.1.
  30. ↑ ICCPR, Article 9.4.
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  32. ↑ ICCPR, Articles 9.2, 9.3.
  33. ↑ ICCPR, Article 9.3.
  34. ↑ ICCPR, Article 10.1.
  35. 1 2 "General Comment No. 21: Replaces general comment 9 concerning humane treatment of persons deprived of liberty". UN OHCHR. 10 April 1992. Retrieved 10 October 2010.
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  37. ↑ ICCPR, Article 10.3.
  38. ↑ ICCPR, Article 11.
  39. 1 2 3 ICCPR, Article 14.1.
  40. ↑ "General Comment No. 13: Equality before the courts and the right to a fair and public hearing by an independent court established by law". UN OHCHR. 13 April 1984. Retrieved 10 October 2010.
  41. ↑ ICCPR, Article 14.2.
  42. ↑ ICCPR, Article 14.7.
  43. ↑ ICCPR, Article 14.5.
  44. ↑ ICCPR, Article 14.6.
  45. ↑ ICCPR, Article 14.3.
  46. ↑ ICCPR, Article 15.
  47. ↑ ICCPR, Article 15.2.
  48. ↑ ICCPR, Article 16.
  49. ↑ "International Covenant on Civil and Political Rights". www.ohchr.org.
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  52. ↑ ICCPR, Article 12.4.
  53. ↑ ICCPR, Article 13.
  54. 1 2 ICCPR, Article 17.
  55. ↑ "Toonen v Australia Communication No. 488/1992 (1994) U.N. Doc CCPR/C/50/D/488/1992 at [8.1–8.6]".
  56. ↑ "Joslin v New Zealand (2002) Comm. No. 902/1999 U.N. Doc. A/57/40 at 214 (2002) at [Appendix (My Lallah & Mr Scheinen)]".
  57. ↑ ICCPR, Article 18.
  58. ↑ ICCPR, Article 19.
  59. ↑ ICCPR, Article 20.
  60. ↑ ICCPR, Article 21.
  61. ↑ ICCPR, Article 22.
  62. ↑ ICCPR, Article 23.
  63. ↑ Joslin v New Zealand (2002) Comm. No. 902/1999 U.N. Doc. A/57/40 at 214 (2002) at [8.2–9.0(majority)] & [1(Lallah & Scheinen JJ] "Joslin v New Zealand (2002) Comm. No. 902/1999 U.N. Doc. A/57/40 at 214 (2002)".
  64. ↑ ICCPR, Article 24.
  65. ↑ ICCPR, Ariticle 27.
  66. ↑ OP1-ICCPR, Article 1.
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  68. ↑ OP2-ICCPR, Article 2.1
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  70. 1 2 "U.S. reservations, declarations, and understandings, International Covenant on Civil and Political Rights, 138 Cong. Rec. S4781-01". Minnesota: University of Minnesota Human Rights Library. 2 April 1992. Retrieved 10 September 2020.
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  72. ↑ Act No. 186 of 2011  : Human Rights (Parliamentary Scrutiny) Act 2011, ComLaw
  73. ↑ Act No. 186 of 2011, Part 3.
  74. ↑ Act No. 186 of 2011, Part 2
  75. ↑ Australian Human Rights Commission Act 1986 (Cth).
  76. ↑ Australian Human Rights Commission Act 1986 (Cth) s 11(e).
  77. ↑ Australian Human Rights Commission Act 1986 (Cth) s 11(j).
  78. ↑ Australian Human Rights Commission Act 1986 (Cth) s 11(f)(i) – Conciliation & (ii) – Reporting.
  79. ↑ Australian Human Rights Commission Act 1986 (Cth) s 11(n).
  80. ↑ Australian Human Rights Commission Act 1986 (Cth) s 11(k) & (m).
  81. ↑ "Australian Human Rights Commission Act 1986 (Cth), schedule 2".
  82. ↑ Charter of Human Rights and Responsibilities Act 2006 (Vic); Human Rights Act 2004 (ACT).
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  88. ↑ "Immigration Act 2009 No 51 (as at 06 May 2016), Public Act Part 5 Refugee and protection status determinations – New Zealand Legislation".
  89. ↑ "Sri Lanka: UN treaty invoked to imprison award winning writer". www.jdslanka.org. Retrieved 2 April 2019.
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  94. ↑ S. Exec. Rep. No. 102-23 (1992)
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