# منتدى حقوق الإنسان > حقوق الإنسان > Human Rights >  Optional Protocol to the International Covenant on Civil and Political Rights

## سالي جمعة

[align=left]*[align=center]Optional Protocol to the International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 59, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 302, entered into force. March 23, 1976[/align]

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*The States Parties to the present Protocol*
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   Considering that in order further to achieve the purposes   of the International Covenant on Civil and Political Rights (hereinafter   referred to as the Covenant) and the implemenation of its provisions   it would be appropriate to enable the Human Rights Committee   set up in part IV of the Covenant (hereinafter referred to as   the Committee) to receive and consider, as provided in the present   Protocol, communications from individuals claiming to be victims   of violations of any of the rights set forth in the Covenant.
   Have agreed as follows:*Article I*
   A State Party to the Covenant that becomes a Party to the   present Protocol recognizes the competence of the Committee to   receive and consider communications from individuals subject   to its jurisdiction who claim to be victims of a violation by   that State Party of any of the rights set forth in the Covenant.   No communication shall be received by the Committee if it concerns   a State Party to the Covenant which is not a Party to the present   Protocol.*Article 2*
   Subject to the provisions of article 1, individuals who claim   that any of their rights enumerated in the Covenant have been   violated and who have exhausted all available domestic remedies   may submit a written communication to the Committee for consideration.*Article 3*
   The Committee shall consider inadmissible any communciation   under the present Protocol which is anonymous, or which it considers   to be an abuse 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 written 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   communications 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   1960 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 ratified 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.*Article 9*
   1. Subject to the entry into force of the Covenant, the present   Protocol shall enter into force three months after the date of   the deposit with the Secretary-General of the United Nations   of the tenth instrument of ratification or instrument of accession.
   2. For each State ratifying the present Protocol or acceding   to it after the deposit of the tenth instrument of ratification   or instrument of accession, the present Protocol shall enter   into force three months after the date of the deposit of its   own instrument of ratification or instrument of accession.*Article 10*
   The provisions of the present Protocol shall extend to all   parts of federal States without any limitations or exceptions.*Article 11*
   1. Any State Party to the present Protocol may propose an   amendment and file it with the Secretary-General of the United   Nations. The Secretary-General shall thereupon communicate any   proposed amendments to the States Parties to the present Protocol   with a request that they notify him whether they favour a conference   of States Parties for the purpose of considering and voting upon   the proposal. In the event that at least one third of the States   Parties favours such a conference, the Secretary-General shall   convene the conference under the auspices of the United Nations.   Any amendment adopted by a majority of the States Parties present   and voting at the conference shall be submitted to the General   Assembly of the United Nations for approval.
   2. Amendments shall come into force when they have been approved   by the General Assembly of the United Nations and accepted by   a two-thirds majority of the States Parties to the present Protocol   in accordance with their respective constitutional processes.
   3. When amendments come into force, they shall be binding   on those States Parties which have accepted them, other States   Parties still being bound by the provisions of the present Protocol   and any earlier amendment which they have accepted.*Article 12*
   1. Any State Party may denounce the present Protocol at any   time by written notification addressed to the Secretary-General   of the United Nations. Denunciation shall take effect three months   after the date of receipt of the notification by the Secretary-General.
   2. Denunciation shall be without prejudice to the continued   application of the provisions of the present Protocol to any   communication submitted under article 2 before the effective   date of denunciation.*Article 13*
   Irrespective of the notifications made under article 8, paragraph   5, of the present Protocol, the Secretary-General of the United   Nations shall inform all States referred to in article 48, paragraph   I, of the Covenant of the following particulars:
     (a) Signatures, ratifications and accessions under article     8;
     (b) The date of the entry into force of the present Protocol     under article 9 and the date of the entry into force of any amendments     under article 11;
     (c) Denunciations under article 12.*Article 14*
   1. The present Protocol, of which the Chinese, English, French,   Russian and Spanish texts are 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 the present Protocol to all States referred   to in article 48 of the Covenant.[/align]

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