Factsheet - 1
The ICCPR and the Human Rights Committee(HR
Committee)
The ICCPR
The
International Covenant on Civil and Political Rights (ICCPR)
is one of nine UN Human Rights Treaties. It was adopted by the UN
General Assembly on 16 December 1966 and entered into force on 23
March 1976. As of November 2021, 173 States parties have
ratified the Covenant and are bound to protect and respect the
rights included within
(For the up-to-date list of States parties, signatories and
non-party States, please see:
https://treaties.un.org/
Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
12&chapter=4&clang=_en
and
https://indicators.ohchr.org/
)
There are still 6 UN Member States that have only signed but
not yet become a party to it (China (signature in 1998), Comoros
(signature in 2008), Cuba (signature in 2008), Nauru (signature in
2001), Palau (signature in 2011), and Saint Lucia (signature in
2011), and
18 UN Member States that have not taken any action (Buthan,
Brunei Darussalam, Cook Islands, Holy See, Kiribati, Malaysia,
Micronesia, Myanmar, Niue, Oman, Saint Kitts and Nevis, Saudi
Arabia, Singapore, Solomon Islands, South Sudan, Tonga, Tuvalu,
United Arab Emirates). Each of these States are strongly encouraged
to become parties to the ICCPR as soon as possible.
First Optional Protocol to the ICCPR (ICCPR OP1)
The ICCPR First Operational Protocol (OP1) authorises the HR
Committee to receive communications (complaints) from
individuals alleging that their rights under the ICCPR have been
violated (this process is commonly referred to as the Individual
communication procedure). Communications may only be submitted to
the HR Committee where they relate to a State that has ratified OP1,
and all domestic remedies have been exhausted.
As of November 2021, 116 States 2 (among the 173 States
parties to the ICCPR) are party to the ICCPR OP1.
In order to give full effect to the ICCPR, all States parties to the
ICCPR that have not yet done so are strongly recommended to join the
OP1 as soon as possible.
Details and overviews of the cases submitted to the HR Committee
under its Individual communication procedure can be found in the
database
and
overview of the jurisprudence
developed by CCPR Centre.
Information on the Committee’s decisions and its follow-up
activities are made public and included in the Committee’s Annual
Report to the General Assembly.
Second Optional Protocol to the ICCPR(ICCPR OP2)
The ICCPR OP2 aims for the abolition of the death penalty. No
one within the jurisdiction of a State party to the ICCPR OP2 may be
executed (art. 1), while States are permitted to enter a reservation
allowing the application of the death penalty in time of war, for
serious crimes of a military nature committed during wartime (art.
2).
As of November 2021, 89 States (among the 173 States parties to the
ICCPR) are party to the ICCPR OP2. 3
The Human Rights Committee (HR Committee)
Main functions
State party review
All States parties to the ICCPR are obliged to regularly report to
the Committee on how the ICCPR is implemented in the country. Based
on this reporting, the Committee reviews the situation and issues
recommendations on the actions to be taken by the State concerned.
This process is referred to as “State review procedure”, or
“State reporting procedure”. Details of this procedure,
including how civil society actors can engage in the process, can be
found in the sheets No.2-5.
Individual communications
If States have ratified the OP1 to the Covenant, the Committee can
receive Individual communications from any individual in the
jurisdiction of those States, who claims that their rights protected
under the Covenant have been protected. Details of this procedure,
including how civil society actors can engage in the process, can be
found in the sheet No.6.
General comment
From time to time, The HR Committee issue General comments to
clarify the scope and meaning of rights in the Covenant, as
well as the obligations of States. The Comments have become
increasingly detailed over time, and have become a useful guide to
States in preparing their report, and to other stakeholders engaging
with the Committee. Details of this procedure, including how civil
society actors can engage in the process, can be found in the sheet
No.7.
Inter-State complaints
State parties to the Covenant may submit a communication to the
Committee, alleging that another State party is not fulfilling its
obligations under the Covenant. This is only possible if both States
have specifically recognized this competence of the Committee. To
date, this procedure has not been used.
Composition
The HR Committee consists of 18 independent experts, who are elected
by the States parties for a four-year term. They can be re-elected.
The members meet three times a year, usually in March, July and
October, for three to four weeks in Geneva, Switzerland 4 . The
Committee has four main functions, as explained below.