The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Recognizing that these rights derive from the inherent dignity of the human person,
Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,
Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,
Agree upon the following articles:
1.All peoples have the right of self-determination.By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2.All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law.In no case may a people be deprived of its own means of subsistence.
3.The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
1. Each State Party to the present Covenant undertakes to respect and to ensure to allindividuals within its territory and subject to its jurisdiction the rights recognized in thepresent Covenant, 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.
2. Where not already provided for by existing legislative or other measures, each StateParty to the present Covenant undertakes to take the necessary steps, in accordance with itsconstitutional processes and with the provisions of the present Covenant, to adopt suchlegislative or other measures as may be necessary to give effect to the rights recognized inthe present Covenant.
3. Each State Party to the present Covenant undertakes:
（a）To ensure that any person whose rights or freedoms as herein recognized are violatedshall have an effective remedy, notwithstanding that the violation has been committed bypersons acting in an official capacity; （b）To ensure that any person claiming such a remedy shall have his right theretodetermined by competent judicial, administrative or legislative authorities, or by any othercompetent authority provided for by the legal system of the State, and to develop thepossibilities of judicial remedy; （c）To ensure that the competent authorities shall enforce such remedies when granted.
第3條
本公約締約國承允確保本公約所載一切公民及政治權利之享受，男女權利，一律平等。
Article 3
The States Parties to the present Covenant undertake to ensure the equal right of men andwomen to the enjoyment of all civil and political rights set forth in the present Covenant.
1 .In time of public emergency which threatens the life of the nation and the existence ofwhich is officially proclaimed, the States Parties to the present Covenant may takemeasures derogating from their obligations under the present Covenant to the extentstrictly required by the exigencies of the situation, provided that such measures are notinconsistent with their other obligations under international law and do not involvediscrimination solely on the ground of race, colour, sex, language, religion or social origin.
2.No derogation from articles 6, 7, 8(paragraphs 1 and 2), 11, 15, 16 and 18 may be madeunder this provision.
3.Any State Party to the present Covenant availing itself of the right of derogation shallimmediately inform the other States Parties to the present Covenant, through theintermediary of the Secretary-General of the United Nations, of the provisions from whichit has derogated and of the reasons by which it was actuated.A further communicationshall be made, through the same intermediary, on the date on which it terminates suchderogation.
1.Nothing in the present Covenant may be interpreted as implying for any State, group orperson any right to engage in any activity or perform any act aimed at the destruction ofany of the rights and freedoms recognized herein or at their limitation to a greater extentthan is provided for in the present Covenant.
2.There shall be no restriction upon or derogation from any of the fundamental humanrights recognized or existing in any State Party to the present Covenant pursuant to law,conventions, regulations or custom on the pretext that the present Covenant does notrecognize such rights or that it recognizes them to a lesser extent.
1.Every human being has the inherent right to life.This right shall be protected by law.Noone shall be arbitrarily deprived of his life.
2.In countries which have not abolished the death penalty, sentence of death may beimposed only for the most serious crimes in accordance with the law in force at the time ofthe commission of the crime and not contrary to the provisions of the present Covenant andto the Convention on the Prevention and Punishment of the Crime of Genocide.Thispenalty can only be carried out pursuant to a final judgement rendered by a competentcourt.
3.When deprivation of life constitutes the crime of genocide, it is understood that nothingin this article shall authorize any State Party to the present Covenant to derogate in anyway from any obligation assumed under the provisions of the Convention on thePrevention and Punishment of the Crime of Genocide.
4.Anyone sentenced to death shall have the right to seek pardon or commutation of thesentence.Amnesty, pardon or commutation of the sentence of death may be granted in allcases.
5.Sentence of death shall not be imposed for crimes committed by persons below eighteenyears of age and shall not be carried out on pregnant women.
6.Nothing in this article shall be invoked to delay or to prevent the abolition of capitalpunishment by any State Party to the present Covenant.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment orpunishment.In particular, no one shall be subjected without his free consent to medical orscientific experimentation.
1.No one shall be held in slavery; slavery and the slave-trade in all their forms shall beprohibited.
2.No one shall be held in servitude.
3.
(a)No one shall be required to perform forced or compulsory labour; (b)Paragraph 3(a)shall not be held to preclude, in countries where imprisonment withhard labour may be imposed as a punishment for a crime, the performance of hard labourin pursuance of a sentence to such punishment by a competent court; (c)For the purpose of this paragraph the term "forced or compulsory labour" shall notinclude:
(i)Any work or service, not referred to in sub-paragraph(b), normally required of a personwho is under detention in consequence of a lawful order of a court, or of a person duringconditional release from such detention;(ii)Any service of a military character and, in countries where conscientious objection isrecognized, any national service required by law of conscientious objectors;(iii)Any service exacted in cases of emergency or calamity threatening the life orwell-being of the community;(iv)Any work or service which forms part of normal civil obligations.
1.Everyone has the right to liberty and security of person.No one shall be subjected toarbitrary arrest or detention.No one shall be deprived of his liberty except on such groundsand in accordance with such procedure as are established by law.
2.Anyone who is arrested shall be informed, at the time of arrest, of the reasons for hisarrest and shall be promptly informed of any charges against him.
3.Anyone arrested or detained on a criminal charge shall be brought promptly before ajudge or other officer authorized by law to exercise judicial power and shall be entitled totrial within a reasonable time or to release.It shall not be the general rule that personsawaiting trial shall be detained in custody, but release may be subject to guarantees toappear for trial, at any other stage of the judicial proceedings, and, should occasion arise,for execution of the judgement.
4.Anyone who is deprived of his liberty by arrest or detention shall be entitled to takeproceedings before a court, in order that court may decide without delay on the lawfulnessof his detention and order his release if the detention is not lawful.
5.Anyone who has been the victim of unlawful arrest or detention shall have anenforceable right to compensation.
1.All persons deprived of their liberty shall be treated with humanity and with respect forthe inherent dignity of the human person.
2.(a)Accused persons shall, save in exceptional circumstances, be segregated fromconvicted persons and shall be subject to separate treatment appropriate to their status asunconvicted persons; (b)Accused juvenile persons shall be separated from adults and brought as speedily aspossible for adjudication.
3.The penitentiary system shall comprise treatment of prisoners the essential aim of whichshall be their reformation and social rehabilitation.Juvenile offenders shall be segregatedfrom adults and be accorded treatment appropriate to their age and legal status.
第11條
任何人不得僅因無力履行契約義務，即予監禁。
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractualobligation.
1.Everyone lawfully within the territory of a State shall, within that territory, have theright to liberty of movement and freedom to choose his residence.
2.Everyone shall be free to leave any country, including his own.
3.The above-mentioned rights shall not be subject to any restrictions except those whichare provided by law, are necessary to protect national security, public order(ordre public),public health or morals or the rights and freedoms of others, and are consistent with theother rights recognized in the present Covenant.
4.No one shall be arbitrarily deprived of the right to enter his own country.
An alien lawfully in the territory of a State Party to the present Covenant may be expelledtherefrom only in pursuance of a decision reached in accordance with law and shall, exceptwhere compelling reasons of national security otherwise require, be allowed to submit thereasons against his expulsion and to have his case reviewed by, and be represented for thepurpose before, the competent authority or a person or persons especially designated by thecompetent authority.
1.All persons shall be equal before the courts and tribunals.In the determination of anycriminal charge against him, or of his rights and obligations in a suit at law, everyone shallbe entitled to a fair and public hearing by a competent, independent and impartial tribunalestablished by law.The press and the public may be excluded from all or part of a trial forreasons of morals, public order(ordre public)or national security in a democratic society,or when the interest of the private lives of the parties so requires, or to the extent strictlynecessary in the opinion of the court in special circumstances where publicity wouldprejudice the interests of justice; but any judgement rendered in a criminal case or in a suitat law shall be made public except where the interest of juvenile persons otherwise requiresor the proceedings concern matrimonial disputes or the guardianship of children.
2.Everyone charged with a criminal offence shall have the right to be presumed innocentuntil proved guilty according to law.
3.In the determination of any criminal charge against him, everyone shall be entitled to thefollowing minimum guarantees, in full equality:
(a)To be informed promptly and in detail in a language which he understands of the natureand cause of the charge against him; (b)To have adequate time and facilities for the preparation of his defence and tocommunicate with counsel of his own choosing; (c)To be tried without undue delay; (d)To be tried in his presence, and to defend himself in person or through legal assistanceof his own choosing; to be informed, if he does not have legal assistance, of this right; andto have legal assistance assigned to him, in any case where the interests of justice sorequire, and without payment by him in any such case if he does not have sufficient meansto pay for it; (e)To examine, or have examined, the witnesses against him and to obtain the attendanceand examination of witnesses on his behalf under the same conditions as witnesses againsthim; (f)To have the free assistance of an interpreter if he cannot understand or speak thelanguage used in court; (g)Not to be compelled to testify against himself or to confess guilt.
4.In the case of juvenile persons, the procedure shall be such as will take account of theirage and the desirability of promoting their rehabilitation.
5.Everyone convicted of a crime shall have the right to his conviction and sentence beingreviewed by a higher tribunal according to law.
6.When a person has by a final decision been convicted of a criminal offence and whensubsequently his conviction has been reversed or he has been pardoned on the ground thata new or newly discovered fact shows conclusively that there has been a miscarriage ofjustice, the person who has suffered punishment as a result of such conviction shall becompensated according to law, unless it is proved that the non-disclosure of the unknownfact in time is wholly or partly attributable to him.
7.No one shall be liable to be tried or punished again for an offence for which he hasalready been finally convicted or acquitted in accordance with the law and penal procedureof each country.
1 .No one shall be held guilty of any criminal offence on account of any act or omissionwhich did not constitute a criminal offence, under national or international law, at the timewhen it was committed.Nor shall a heavier penalty be imposed than the one that wasapplicable at the time when the criminal offence was committed.If, subsequent to thecommission of the offence, provision is made by law for the imposition of the lighterpenalty, the offender shall benefit thereby.
2.Nothing in this article shall prejudice the trial and punishment of any person for any actor omission which, at the time when it was committed, was criminal according to thegeneral principles of law recognized by the community of nations.
第16條
人人在任何所在有被承認為法律人格之權利。
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family,home or correspondence, nor to unlawful attacks on his honour and reputation.
2.Everyone has the right to the protection of the law against such interference or attacks.
1.Everyone shall have the right to freedom of thought, conscience and religion.This rightshall include freedom to have or to adopt a religion or belief of his choice, and freedom,either individually or in community with others and in public or private, to manifest hisreligion or belief in worship, observance, practice and teaching.
2.No one shall be subject to coercion which would impair his freedom to have or to adopta religion or belief of his choice.
3.Freedom to manifest one's religion or beliefs may be subject only to such limitations asare prescribed by law and are necessary to protect public safety, order, health, or morals orthe fundamental rights and freedoms of others.
4.The States Parties to the present Covenant undertake to have respect for the liberty ofparents and, when applicable, legal guardians to ensure the religious and moral educationof their children in conformity with their own convictions.
1.Everyone shall have the right to hold opinions without interference.
2.Everyone shall have the right to freedom of expression; this right shall include freedomto seek, receive and impart information and ideas of all kinds, regardless of frontiers, eitherorally, in writing or in print, in the form of art, or through any other media of his choice.
3.The exercise of the rights provided for in paragraph 2 of this article carries with itspecial duties and responsibilities.It may therefore be subject to certain restrictions, butthese shall only be such as are provided by law and are necessary:
(a)For respect of the rights or reputations of others; (b)For the protection of national security or of public order(ordre public), or of publichealth or morals.
1.Any propaganda for war shall be prohibited by law.
2.Any advocacy of national, racial or religious hatred that constitutes incitement todiscrimination, hostility or violence shall be prohibited by law.
The right of peaceful assembly shall be recognized.No restrictions may be placed on theexercise of this right other than those imposed in conformity with the law and which arenecessary in a democratic society in the interests of national security or public safety,public order(ordre public), the protection of public health or morals or the protection ofthe rights and freedoms of others.
1.Everyone shall have the right to freedom of association with others, including the rightto form and join trade unions for the protection of his interests.
2.No restrictions may be placed on the exercise of this right other than those which areprescribed by law and which are necessary in a democratic society in the interests ofnational security or public safety, public order(ordre public), the protection of publichealth or morals or the protection of the rights and freedoms of others.This article shall notprevent the imposition of lawful restrictions on members of the armed forces and of thepolice in their exercise of this right.
3.Nothing in this article shall authorize States Parties to the International LabourOrganisation Convention of 1948 concerning Freedom of Association and Protection of theRight to Organize to take legislative measures which would prejudice, or to apply the lawin such a manner as to prejudice, the guarantees provided for in that Convention.
1.The family is the natural and fundamental group unit of society and is entitled toprotection by society and the State.
2.The right of men and women of marriageable age to marry and to found a family shallbe recognized.
3.No marriage shall be entered into without the free and full consent of the intendingspouses.
4.States Parties to the present Covenant shall take appropriate steps to ensure equality ofrights and responsibilities of spouses as to marriage, during marriage and at its dissolution.In the case of dissolution, provision shall be made for the necessary protection of anychildren.
1.Every child shall have, without any discrimination as to race, colour, sex, language,religion, national or social origin, property or birth, the right to such measures of protectionas are required by his status as a minor, on the part of his family, society and the State.
2.Every child shall be registered immediately after birth and shall have a name.
3.Every child has the right to acquire a nationality.
Every citizen shall have the right and the opportunity, without any of the distinctionsmentioned in article 2 and without unreasonable restrictions:
(a)To take part in the conduct of public affairs, directly or through freely chosenrepresentatives; (b)To vote and to be elected at genuine periodic elections which shall be by universal andequal suffrage and shall be held by secret ballot, guaranteeing the free expression of thewill of the electors; (c)To have access, on general terms of equality, to public service in his country.
All persons are equal before the law and are entitled without any discrimination to theequal protection of the law.In this respect, the law shall prohibit any discrimination andguarantee to all persons equal and effective protection against discrimination on anyground such as race, colour, sex, language, religion, political or other opinion, national orsocial origin, property, birth or other status.
In those States in which ethnic, religious or linguistic minorities exist, persons belonging tosuch minorities shall not be denied the right, in community with the other members of theirgroup, to enjoy their own culture, to profess and practise their own religion, or to use theirown language.
1.There shall be established a Human Rights Committee(hereafter referred to in thepresent Covenant as the Committee).It shall consist of eighteen members and shall carryout the functions hereinafter provided.
2.The Committee shall be composed of nationals of the States Parties to the presentCovenant who shall be persons of high moral character and recognized competence in thefield of human rights, consideration being given to the usefulness of the participation ofsome persons having legal experience.
3.The members of the Committee shall be elected and shall serve in their personalcapacity.
1 .The members of the Committee shall be elected by secret ballot from a list of personspossessing the qualifications prescribed in article 28 and nominated for the purpose by theStates Parties to the present Covenant.
2.Each State Party to the present Covenant may nominate not more than two persons.These persons shall be nationals of the nominating State.
3.A person shall be eligible for renomination.
1.The initial election shall be held no later than six months after the date of the entry intoforce of the present Covenant.
2.At least four months before the date of each election to the Committee, other than anelection to fill a vacancy declared in accordance with article 34, the Secretary-General ofthe United Nations shall address a written invitation to the States Parties to the presentCovenant to submit their nominations for membership of the Committee within threemonths.
3.The Secretary-General of the United Nations shall prepare a list in alphabetical order ofall the persons thus nominated, with an indication of the States Parties which havenominated them, and shall submit it to the States Parties to the present Covenant no laterthan one month before the date of each election.
4.Elections of the members of the Committee shall be held at a meeting of the StatesParties to the present Covenant convened by the Secretary General of the United Nations atthe Headquarters of the United Nations.At that meeting, for which two thirds of the StatesParties to the present Covenant shall constitute a quorum, the persons elected to theCommittee shall be those nominees who obtain the largest number of votes and an absolutemajority of the votes of the representatives of States Parties present and voting.
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 geographicaldistribution of membership and to the representation of the different forms of civilizationand of the principal legal systems.
1.The members of the Committee shall be elected for a term of four years.They shall beeligible for re-election if renominated.However, the terms of nine of the members electedat 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 meetingreferred to in article 30, paragraph 4.
2.Elections at the expiry of office shall be held in accordance with the preceding articlesof this part of the present Covenant.
1.If, in the unanimous opinion of the other members, a member of the Committee hasceased 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 Chairmanshall immediately notify the Secretary-General of the United Nations, who shall declare theseat vacant from the date of death or the date on which the resignation takes effect.
1.When a vacancy is declared in accordance with article 33 and if the term of office of themember 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 thepresent 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 ofthe 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 relevantprovisions 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 onthe Committee under the provisions of that article.
The members of the Committee shall, with the approval of the General Assembly of theUnited Nations, receive emoluments from United Nations resources on such terms andconditions as the General Assembly may decide, having regard to the importance of theCommittee's responsibilities.
第36條
聯合國秘書長應供給委員會必要之辦事人員及便利，俾得有效執行本公約所規定之職務。
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilitiesfor the effective performance of the functions of the Committee under the presentCovenant.
1.The Secretary-General of the United Nations shall convene the initial meeting of theCommittee at the Headquarters of the United Nations.
2.After its initial meeting, the Committee shall meet at such times as shall be provided inits rules of procedure.
3.The Committee shall normally meet at the Headquarters of the United Nations or at theUnited Nations Office at Geneva.
第38條
委員會每一委員就職時，應在委員會公開集會中鄭重宣言，必當秉公竭誠，執行職務。
Article 38
Every member of the Committee shall, before taking up his duties, make a solemndeclaration in open committee that he will perform his functions impartially andconscientiously.
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.
1.The States Parties to the present Covenant undertake to submit reports on the measuresthey have adopted which give effect to the rights recognized herein and on the progressmade in the enjoyment of those rights:
(a)Within one year of the entry into force of the present Covenant for the States Partiesconcerned; (b)Thereafter whenever the Committee so requests.
2.All reports shall be submitted to the Secretary-General of the United Nations, who shalltransmit them to the Committee for consideration.Reports shall indicate the factors anddifficulties, 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 mayfall within their field of competence.
4.The Committee shall study the reports submitted by the States Parties to the presentCovenant.It shall transmit its reports, and such general comments as it may considerappropriate, to the States Parties.The Committee may also transmit to the Economic andSocial Council these comments along with the copies of the reports it has received fromStates Parties to the present Covenant.
5.The States Parties to the present Covenant may submit to the Committee observations onany comments that may be made in accordance with paragraph 4 of this article.
1.A State Party to the present Covenant may at any time declare under this article that itrecognizes the competence of the Committee to receive and consider communications tothe effect that a State Party claims that another State Party is not fulfilling its obligationsunder the present Covenant.Communications under this article may be received andconsidered only if submitted by a State Party which has made a declaration recognizing inregard to itself the competence of the Committee.No communication shall be received bythe Committee if it concerns a State Party which has not made such a declaration.Communications received under this article shall be dealt with in accordance with thefollowing procedure:
(a)If a State Party to the present Covenant considers that another State Party is not givingeffect to the provisions of the present Covenant, it may, by written communication, bringthe matter to the attention of that State Party.Within three months after the receipt of thecommunication the receiving State shall afford the State which sent the communication anexplanation, or any other statement in writing clarifying the matter which should include,to the extent possible and pertinent, reference to domestic procedures and remedies taken,pending, or available in the matter; (b)If the matter is not adjusted to the satisfaction of both States Parties concerned withinsix months after the receipt by the receiving State of the initial communication, either Stateshall have the right to refer the matter to the Committee, by notice given to the Committeeand to the other State; (c)The Committee shall deal with a matter referred to it only after it has ascertained thatall available domestic remedies have been invoked and exhausted in the matter, inconformity with the generally recognized principles of international law.This shall not bethe rule where the application of the remedies is unreasonably prolonged; (d)The Committee shall hold closed meetings when examining communications under this Article; (e)Subject to the provisions of sub-paragraph(c), the Committee shall make available itsgood offices to the States Parties concerned with a view to a friendly solution of the matteron the basis of respect for human rights and fundamental freedoms as recognized in thepresent Covenant; (f)In any matter referred to it, the Committee may call upon the States Parties concerned,referred to in subparagraph(b), to supply any relevant information; (g)The States Parties concerned, referred to in sub-paragraph(b), shall have the right to berepresented when the matter is being considered in the Committee and to makesubmissions orally and/or in writing; (h)The Committee shall, within twelve months after the date of receipt of notice undersub-paragraph(b), submit a report:
(i)If a solution within the terms of sub-paragraph(e)is reached, the Committee shallconfine its report to a brief statement of the facts and of the solution reached;(ii)If a solution within the terms of sub-paragraph(e)is not reached, the Committee shallconfine its report to a brief statement of the facts; the written submissions and record of theoral submissions made by the States Parties concerned shall be attached to the report.In every matter, the report shall be communicated to the States Parties concerned.
2.The provisions of this article shall come into force when ten States Parties to the presentCovenant have made declarations under paragraph 1 of this article.Such declarations shallbe deposited by the States Parties with the Secretary-General of the United Nations, whoshall transmit copies thereof to the other States Parties.A declaration may be withdrawn atany time by notification to the Secretary-General.Such a withdrawal shall not prejudicethe consideration of any matter which is the subject of a communication alreadytransmitted under this article; no further communication by any State Party shall bereceived after the notification of withdrawal of the declaration has been received by theSecretary-General, unless the State Party concerned has made a new declaration.
1.(a)If a matter referred to the Committee in accordance with article 41 is not resolved to thesatisfaction of the States Parties concerned, the Committee may, with the prior consent ofthe States Parties concerned, appoint an ad hoc Conciliation Commission(hereinafterreferred to as the Commission).The good offices of the Commission shall be madeavailable to the States Parties concerned with a view to an amicable solution of the matteron the basis of respect for the present Covenant; (b)The Commission shall consist of five persons acceptable to the States Parties concerned.If the States Parties concerned fail to reach agreement within three months on all or part ofthe composition of the Commission, the members of the Commission concerning whom noagreement has been reached shall be elected by secret ballot by a two-thirds majority voteof the Committee from among its members.
2.The members of the Commission shall serve in their personal capacity.They shall not benationals of the States Parties concerned, or of a State not Party to the present Covenant, orof a State Party which has not made a declaration under article 41.
3.The Commission shall elect its own Chairman and adopt its own rules of procedure.
4.The meetings of the Commission shall normally be held at the Headquarters of theUnited Nations or at the United Nations Office at Geneva.However, they may be held atsuch other convenient places as the Commission may determine in consultation with theSecretary-General of the United Nations and the States Parties concerned.
5.The secretariat provided in accordance with article 36 shall also service the commissionsappointed under this article.
6.The information received and collated by the Committee shall be made available to theCommission and the Commission may call upon the States Parties concerned to supply anyother relevant information.
7.When the Commission has fully considered the matter, but in any event not later thantwelve months after having been seized of the matter, it shall submit to the Chairman of theCommittee a report for communication to the States Parties concerned:
(a)If the Commission is unable to complete its consideration of the matter within twelvemonths, it shall confine its report to a brief statement of the status of its consideration ofthe matter; (b)If an amicable solution to the matter on the basis of respect for human rights asrecognized in the present Covenant is reached, the Commission shall confine its report to abrief statement of the facts and of the solution reached; (c)If a solution within the terms of sub-paragraph(b)is not reached, the Commission'sreport shall embody its findings on all questions of fact relevant to the issues between theStates Parties concerned, and its views on the possibilities of an amicable solution of thematter.This report shall also contain the written submissions and a record of the oralsubmissions made by the States Parties concerned; (d)If the Commission's report is submitted under sub-paragraph(c), the States Partiesconcerned shall, within three months of the receipt of the report, notify the Chairman of theCommittee whether or not they accept the contents of the report of the Commission.
8.The provisions of this article are without prejudice to the responsibilities of theCommittee under article 41.
9.The States Parties concerned shall share equally all the expenses of the members of theCommission in accordance with estimates to be provided by the Secretary-General of theUnited Nations.
10.The Secretary-General of the United Nations shall be empowered to pay the expensesof the members of the Commission, if necessary, before reimbursement by the StatesParties concerned, in accordance with paragraph 9 of this article.
The members of the Committee, and of the ad hoc conciliation commissions which may beappointed under article 42, shall be entitled to the facilities, privileges and immunities ofexperts on mission for the United Nations as laid down in the relevant sections of theConvention on the Privileges and Immunities of the United Nations.
The provisions for the implementation of the present Covenant shall apply withoutprejudice to the procedures prescribed in the field of human rights by or under theconstituent instruments and the conventions of the United Nations and of the specializedagencies and shall not prevent the States Parties to the present Covenant from havingrecourse to other procedures for settling a dispute in accordance with general or specialinternational agreements in force between them.
第45條
委員會應經由經濟暨社會理事會向聯合國大會提送常年工作報告書。
Article 45
The Committee shall submit to the General Assembly of the United Nations, through theEconomic and Social Council, an annual report on its activities.
Nothing in the present Covenant shall be interpreted as impairing the provisions of theCharter of the United Nations and of the constitutions of the specialized agencies whichdefine the respective responsibilities of the various organs of the United Nations and of thespecialized agencies in regard to the matters dealt with in the present Covenant.
第47條
本公約之解釋，不得損害所有民族充分與自由享受及利用其天然財富與資源之天賦權利。
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of allpeoples to enjoy and utilize fully and freely their natural wealth and resources.
1.The present Covenant is open for signature by any State Member of the United Nationsor member of any of its specialized agencies, by any State Party to the Statute of theInternational Court of Justice, and by any other State which has been invited by theGeneral Assembly of the United Nations to become a Party to the present Covenant.
2.The present Covenant is subject to ratification.Instruments of ratification shall bedeposited with the Secretary-General of the United Nations.
3.The present Covenant shall be open to accession by any State referred to in paragraph 1of this article.
4.Accession shall be effected by the deposit of an instrument of accession with theSecretary-General of the United Nations.
5.The Secretary-General of the United Nations shall inform all States which have signedthis Covenant or acceded to it of the deposit of each instrument of ratification or accession.
1.The present Covenant shall enter into force three months after the date of the depositwith the Secretary-General of the United Nations of the thirty-fifth instrument ofratification or instrument of accession.
2.For each State ratifying the present Covenant or acceding to it after the deposit of thethirty-fifth instrument of ratification or instrument of accession, the present Covenant shallenter into force three months after the date of the deposit of its own instrument ofratification or instrument of accession.
第50條
本公約各項規定應一律適用於聯邦國家之全部領土，並無限制或例外。
Article 50
The provisions of the present Covenant shall extend to all parts of federal States withoutany limitations or exceptions.
1.Any State Party to the present Covenant may propose an amendment and file it with theSecretary General of the United Nations.The Secretary-General of the United Nationsshall thereupon communicate any proposed amendments to the States Parties to the presentCovenant with a request that they notify him whether they favour a conference of StatesParties for the purpose of considering and voting upon the proposals.In the event that atleast one third of the States Parties favours such a conference, the Secretary-General shallconvene the conference under the auspices of the United Nations.Any amendment adoptedby a majority of the States Parties present and voting at the conference shall be submittedto the General Assembly of the United Nations for approval.
2.Amendments shall come into force when they have been approved by the GeneralAssembly of the United Nations and accepted by a two-thirds majority of the States Partiesto the present Covenant in accordance with their respective constitutional processes.
3.When amendments come into force, they shall be binding on those States Parties whichhave accepted them, other States Parties still being bound by the provisions of the presentCovenant and any earlier amendment which they have accepted.
Irrespective of the notifications made under article 48, paragraph 5, the Secretary-Generalof the United Nations shall inform all States referred to in paragraph 1 of the same articleof the following particulars:
(a)Signatures, ratifications and accessions under article 48; (b)The date of the entry into force of the present Covenant under article 49 and the date ofthe entry into force of any amendments under article 51.
1.The present Covenant, of which the Chinese, English, French, Russian and Spanish textsare 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 thepresent Covenant to all States referred to in article 48.IN FAITH WHEREOF the undersigned, being duly authorized thereto by their respectiveGovernments, have signed the present Covenant, opened for signature at New York, on thenineteenth day of December, one thousand nine hundred and sixty-six.
