Page:International Covenant on Civil and Political Rights.pdf/64

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1976
United Nations — Treaty Series • Nations Unies — Recueil des Traités
303

of the right of submission of such communications or to be incompatible with the provisions of the Covenant.

Article 4. 1. Subject to the provisions of article 3, the Committee shall bring any communications submitted to it under the present Protocol to the attention of the State Party to the present Protocol alleged to be violating any provision of the Covenant.

2. Within six months, the receiving State shall submit to the Committee writ ten explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

Article 5. 1. The Committee shall consider communications received under the present Protocol in the light of all written information made available to it by the individual and by the State Party concerned.

2. The Committee shall not consider any communication from an individual unless it has ascertained that:

(a) The same matter is not being examined under another procedure of international investigation or settlement;
(b) The individual has exhausted all available domestic remedies. This shall not be the rule where the application of the remedies is unreasonably prolonged.

3. The Committee shall hold closed meetings when examining communica tions under the present Protocol.

4. The Committee shall forward its views to the State Party concerned and to the individual. Article 6. The Committee shall include in its annual report under article 45 of the Covenant a summary of its activities under the present Protocol.

Article 7. Pending the achievement of the objectives of resolution 1514 (XV) adopted by the General Assembly of the United Nations on 14 December I960[1] concerning the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of the present Protocol shall in no way limit the right of petition granted to these peoples by the Charter of the United Nations and other international conventions and instruments under the United Nations and its specialized agencies.

Article 8. 1. The present Protocol is open for signature by any State which has signed the Covenant.

2. The present Protocol is subject to ratification by any State which has ratified or acceded to the Covenant. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Protocol shall be open to accession by any State which has rati fied or acceded to the Covenant.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present Protocol or acceded to it of the deposit of each instrument of ratification or accession.

Vol. 999,1-14668

  1. United Nations, Official Records of the General Assembly, Fifteenth Session, Supplement No, 16 (A/4684), p, 66.