Covenant Committee Functions and Procedures

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Questions and Answers

What is the role of the Committee with respect to reports submitted by States Parties to the Covenant?

  • The Committee studies reports and may transmit comments to the States Parties. (correct)
  • The Committee is responsible for amending the Covenant.
  • The Committee directly enforces the Covenant.
  • The Committee issues sanctions against non-compliant States Parties.

Under Article 41, what is necessary for a State Party to communicate regarding another State Party's obligations?

  • The communication must be submitted anonymously.
  • The matter must be referred by the Economic and Social Council.
  • The State Party must have prior approval from the Secretary-General.
  • The State Party must have made a declaration recognizing the Committee's competence. (correct)

What can a State Party do if it believes another State Party is not fulfilling its obligations?

  • Publicly criticize the State Party in a UN assembly.
  • Request intervention from the Secretary-General of the United Nations.
  • File a lawsuit against the State Party in international court.
  • Communicate in writing to bring the matter to the attention of the other State Party. (correct)

How does the Secretary-General of the United Nations interact with the reports received?

<p>The Secretary-General can transmit copies of reports to specialized agencies. (D)</p> Signup and view all the answers

What is a key limitation placed on communications received by the Committee under Article 41?

<p>Communications cannot be from a State Party without a declaration recognizing the Committee's competence. (A)</p> Signup and view all the answers

What proportion of States Parties is needed for a quorum at the meeting?

<p>Two thirds (A)</p> Signup and view all the answers

What is the maximum number of members from the same State that can be in the Committee?

<p>One (B)</p> Signup and view all the answers

For how long are the members of the Committee elected?

<p>Four years (C)</p> Signup and view all the answers

What happens to a seat in the Committee if a member's functions cease for a reason other than temporary absence?

<p>It is declared vacant by the Chairman (D)</p> Signup and view all the answers

How long do States Parties have to submit nominations to fill a vacancy?

<p>Two months (C)</p> Signup and view all the answers

What is required for a member to be re-elected to the Committee?

<p>They need to be renominated (C)</p> Signup and view all the answers

What consideration must be given during the election of the Committee according to the Covenant?

<p>Equitable geographical distribution (B)</p> Signup and view all the answers

What occurs immediately after the first Committee election regarding the terms of nine members?

<p>Their names are chosen by lot for term expiration (B)</p> Signup and view all the answers

What date did the International Covenant on Civil and Political Rights enter into force?

<p>March 23, 1976 (C)</p> Signup and view all the answers

Which principle is recognized as the foundation of freedom, justice, and peace according to the Preamble?

<p>Inherent dignity and equal rights (A)</p> Signup and view all the answers

Which document is recognized as the basis for the rights mentioned in the Covenant?

<p>The Universal Declaration of Human Rights (D)</p> Signup and view all the answers

What does Article 1 state regarding the right of self-determination?

<p>It applies to all peoples universally. (B)</p> Signup and view all the answers

What responsibility do individuals have according to the Preamble of the Covenant?

<p>To promote and observe the rights recognized in the Covenant (A)</p> Signup and view all the answers

What is the duration of the term for a member elected to fill a vacancy on the Committee?

<p>For the remainder of the original member's term (B)</p> Signup and view all the answers

What is one condition mentioned in Article 1 about the disposal of natural resources?

<p>It should not violate international cooperation obligations (A)</p> Signup and view all the answers

Which responsibility do States Parties have according to Article 1?

<p>To respect and promote the realization of the right of self-determination (A)</p> Signup and view all the answers

What approval is necessary for the members of the Committee to receive emoluments?

<p>Approval from the General Assembly of the United Nations (B)</p> Signup and view all the answers

According to the Covenant, where do these rights derive from?

<p>The inherent dignity of the human person (B)</p> Signup and view all the answers

Where is the initial meeting of the Committee convened?

<p>At the Headquarters of the United Nations (C)</p> Signup and view all the answers

What is required of every member of the Committee before taking up their duties?

<p>A solemn declaration of impartiality (A)</p> Signup and view all the answers

How does the Committee establish its rules of procedure?

<p>By the majority vote of the members present (D)</p> Signup and view all the answers

What is the quorum required for the Committee to make decisions?

<p>Twelve members (B)</p> Signup and view all the answers

How frequently are States Parties required to submit reports after the initial report?

<p>Whenever the Committee requests (A)</p> Signup and view all the answers

To whom must reports be submitted by the States Parties?

<p>The Secretary-General of the United Nations (B)</p> Signup and view all the answers

Which of the following actions is explicitly prohibited under Article 7?

<p>Medical experimentation without consent (B)</p> Signup and view all the answers

What does Article 8 state about forced or compulsory labor?

<p>It permits hard labor as a court-imposed punishment. (B)</p> Signup and view all the answers

Which scenario does NOT fall under the exceptions of forced or compulsory labor outlined in Article 8?

<p>A child is forced to work in a factory. (D)</p> Signup and view all the answers

According to Article 9, what must happen to someone who is arrested?

<p>They shall be promptly informed of the charges against them. (D)</p> Signup and view all the answers

Which of the following statements best reflects the rights guaranteed under Article 9?

<p>Everyone has a right to liberty and security of person. (C)</p> Signup and view all the answers

In what instance can hard labor be considered lawful according to Article 8?

<p>When outlined in the legal framework of the country. (A)</p> Signup and view all the answers

What is a requirement for someone awaiting trial as per Article 9?

<p>They must appear before a judge without unreasonable delay. (A)</p> Signup and view all the answers

Which of the following is NOT considered an exception to the prohibition of slavery as stated in Article 8?

<p>Forced labor in a childcare facility. (C)</p> Signup and view all the answers

What is the maximum time frame within which the Commission must submit a report after being seized of a matter?

<p>Twelve months (C)</p> Signup and view all the answers

What should the Commission's report include if an amicable solution is reached?

<p>A summary of the solution and relevant facts (B)</p> Signup and view all the answers

If the Commission cannot complete its consideration within the given timeframe, what should it include in its report?

<p>A brief statement of the status of consideration (C)</p> Signup and view all the answers

What must the States Parties do within three months after receiving the Commission's report under certain conditions?

<p>Notify the Chairman whether they accept the report (B)</p> Signup and view all the answers

How are the expenses of the members of the Commission handled according to the provisions?

<p>Expenses are shared equally among the States Parties (C)</p> Signup and view all the answers

What privileges do members of the Committee and any ad hoc conciliation commissions have?

<p>The same privileges as United Nations experts on mission (B)</p> Signup and view all the answers

What will the report contain if no amicable solution is reached?

<p>Findings on all relevant questions of fact and views on possible solutions (B)</p> Signup and view all the answers

What action may the Commission take if it requires expenses to be covered before reimbursement?

<p>Request an advance payment from the Secretary-General (C)</p> Signup and view all the answers

Flashcards

Right to Self-Determination

The right of a people to freely decide their own political status and pursue their economic, social, and cultural development.

Disposing of Natural Wealth

The ability of a people to use their natural resources for their own benefit, without being deprived of their means of subsistence.

State Responsibility for Self-Determination

States are obligated to promote and respect the right to self-determination, in line with the UN Charter.

UN Charter

The document that sets out the basic principles of the United Nations, including respect for human rights.

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Inherent Dignity

The idea that all individuals have an inherent worth and equal rights, regardless of their background.

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Freedom from Fear and Want

The belief that freedom from fear and want is essential for individuals to fully enjoy their rights.

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Individual Responsibility

Recognizing that individuals have responsibilities to others and their community, and should strive to uphold the rights in the covenant.

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International Covenant on Civil and Political Rights (ICCPR)

A treaty that sets out human rights and fundamental freedoms that all nations should uphold.

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What is Article 7 of the ICCPR about?

No one should be tortured, subjected to cruel, inhuman, or degrading treatment, or punished. This prevents any form of cruel treatment.

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What is the main point of Article 8 of the ICCPR?

No one should be held in slavery or servitude. This covers all forms of slavery and forced labor.

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What exception does Article 8 of the ICCPR allow regarding forced labor?

Forced labor is forbidden, except for specific legal cases like court-ordered hard labor as punishment for a crime.

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What are the exceptions to the prohibition of forced labor in Article 8?

Article 8 of the ICCPR makes exceptions for military service, national service for conscientious objectors, emergency situations, and normal civil obligations.

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What is the key point of Article 9 of the ICCPR?

Everyone has the right to liberty and security of person, and no one should be arbitrarily arrested or detained. This is protected by Article 9 of the ICCPR.

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What are the rights of a person who is arrested according to Article 9 of the ICCPR?

When someone is arrested, they must be informed of the reasons and any charges against them.

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What does Article 9 of the ICCPR outline about trial and detention?

An arrested person must be brought promptly before a judge and have a trial within a reasonable time, or be released. Detaining people awaiting trial should be an exception, not the rule.

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What is the overall purpose of Article 9 of the International Covenant on Civil and Political Rights (ICCPR)?

This article protects the right to liberty and security of person and ensures that arrests and detentions are not arbitrary.

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Quorum for the Committee Election

A minimum number of States Parties needed for a meeting to officially start. At least two-thirds of the States Parties must be present.

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Elected Committee Members

Candidates who get the most votes and more than half of the votes cast by the attending States Parties.

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One National Per State

The principle that no more than one person representing the same country can be on the Committee at a time.

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Equitable Geographical and Cultural Representation

The Committee's composition should reflect fair representation of different regions, cultures, and legal systems.

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Committee Member Term Length

Committee members serve for four years, with the possibility of being re-elected.

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Staggered Terms for First Election

At the first election, nine members are chosen for a shorter term of two years to ensure a staggered system of renewals.

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Vacancy in the Committee

If a committee member is unable to fulfill their duties, their seat becomes vacant and a replacement is elected.

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Filling a Committee Vacancy

The process of filling a vacant seat on the Committee involves nominations from States Parties and a vote.

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Who can share UN reports with agencies?

The Secretary-General of the UN can share reports with specialized agencies relevant to their areas of expertise, after consulting with the Human Rights Committee.

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What is the Human Rights Committee's role in reviewing state reports?

The Human Rights Committee reviews state reports on how they uphold the ICCPR, writes its own reports, and makes recommendations to states.

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Can states respond to the Human Rights Committee?

States parties to the ICCPR can submit comments to the Human Rights Committee on any observations the Committee might have made about their reports.

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How can a state submit a complaint about another state's non-compliance with the ICCPR?

Any state party to the ICCPR can declare that they recognize the Committee's authority to handle complaints about another state's non-compliance with the treaty.

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What's the first step in resolving an ICCPR dispute?

If a state party believes another state party isn't upholding the ICCPR, it can formally notify that state. This is the first step in resolving a dispute.

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Filling vacancies on the committee

If a member of the human rights committee leaves their position, a new member is elected to replace them.

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Term of the replacement member

The elected replacement for a vacancy serves for the rest of the term of the member that left.

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Committee member compensation

The UN General Assembly approves how the UN pays committee members.

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UN support for the committee

UN supplies staff and resources to help the committee with its work.

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Committee meeting locations

The committee meets at the UN headquarters or a specific office in Geneva.

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Committee member oath

Before starting their work, committee members swear to be impartial and conscientious.

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Committee's rules of procedure

The committee sets its own rules, but these rules require at least 12 members to be present for a vote and decisions are based on majority vote.

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Reporting obligations of states

Countries that signed the covenant are required to report on their progress in protecting human rights, including any challenges they face.

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Commission's Role

The Commission is tasked with fully investigating human rights violations and providing a report to the States Parties concerned.

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Commission's Report - Incomplete Investigation (a)

If the Commission cannot finish its review within twelve months, they will submit a report briefly outlining the current status of the investigation.

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Commission's Report - Amicable Solution (b)

If a friendly resolution respecting human rights is achieved, the Commission will simply report the facts and the solution reached.

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Commission's Report - No Amicable Solution (c)

If a resolution respecting human rights is not reached, the Commission will present its findings on the facts, potential solutions, and written/oral submissions from the States Parties involved.

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State Response to Commission's Report (d)

After receiving the Commission's Report, the States involved have three months to decide if they accept its contents.

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Commission Members' Privileges

The Commission's members, including any conciliation commissions appointed under Article 42, receive UN privileges and immunities, like those given to experts on missions for the United Nations.

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Sharing Expenses

The States involved share equally all the expenses of the Commission members based on estimates provided by the UN Secretary-General.

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Secretary-General's Payment Role

The UN Secretary-General can pay the Commission members' expenses ahead of time if necessary, but then the States involved will reimburse those expenses.

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Study Notes

International Covenant on Civil and Political Rights - Preamble

  • States Parties recognize the inherent dignity and inalienable rights of all members of the human family
  • These rights are the foundation for freedom, justice, and peace in the world
  • These rights derive from the inherent dignity of the human person
  • Universal freedom and freedom from fear and want are necessary for the enjoyment of civil and political rights, along with economic and social rights
  • States have an obligation to promote universal respect for and observance of human rights and freedoms
  • Individuals have a responsibility to strive for the promotion and observance of these rights

Article 1

  • All peoples have the right of self-determination
  • They freely determine their political status and pursue their economic, social, and cultural development
  • All peoples freely dispose of their natural wealth and resources, without prejudice to any obligations arising from international economic cooperation and international law
  • A people cannot be deprived of its own means of subsistence

Article 2

  • Each State Party undertakes to respect and ensure the rights recognized in the covenant to all individuals within its territory and subject to its jurisdiction, without discrimination
  • States Parties undertake to take necessary steps to adopt laws and other measures to give effect to these rights
  • States Parties undertake to respect: race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status

Article 3

  • The equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant

Article 4

  • In times of public emergency threatening the life of the nation, States Parties may take measures derogating from their obligations under the Covenant, to the extent strictly required by the exigencies of the situation
  • These measures must not be inconsistent with other obligations under international law, and they must not involve discrimination solely on the grounds of race, colour, sex, language, religion, or social origin, etc.
  • Derogations from articles 6, 7, 8, 11, 15, 16, and 18 cannot be made

Article 5

  • Nothing in the Covenant can be interpreted as implying a right to engage in any activity or perform any act aimed at the destruction or limitation, to a greater extent than provided, of the rights and freedoms recognized therein
  • There is no restriction or derogation from any of the fundamental human rights recognized by a State Party under law, conventions, or custom

Article 6

  • Every human being has an inherent right to life
  • No one shall be arbitrarily deprived of their life
  • In countries that haven't abolished the death penalty, it can be imposed only for the most serious crimes, in accordance with the law, not contrary to the Covenant, or Convention on the Prevention and Punishment of the Crime of Genocide
  • The penalty can only be carried out pursuant to a final judgment rendered by a competent court

Article 7

  • No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment; or to medical or scientific experimentation without free consent.

Article 8

  • Slavery and slave trade are prohibited
  • Servitude is prohibited
  • Forced or compulsory labor is prohibited

Article 9

  • Everyone has the right to liberty and security of person
  • No one can be subjected to arbitrary arrest or detention
  • No one can be deprived of their liberty except on legally established grounds and procedure

Article 10

  • Persons deprived of their liberty must be treated with respect and humanity

Article 11

  • No one shall be imprisoned merely for inability to fulfill a contractual obligation

Article 12

  • Everyone lawfully in a state's territory has the right to freedom of movement and residence
  • Everyone is free to leave any country, including their own

Article 13

  • An alien lawfully in a country may only be expelled in pursuance of a decision in accordance with the law
  • The alien is allowed to submit reasons against expulsion and review by competent authority (or representative designated by them)

Article 14

  • All persons are equal before the courts and tribunals

...((and so on through the remaining articles))

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