ARRANGEMENT OF SECTIONS
1. Short title
2. Publication of treaties, conventions and agreements, etc.
3. Version published to be in the English language and prima facie evidence
4. Publication deemed not to be a sufficient substitute if, for implementation, an Act or any subsidiary legislation is required
15 of 1984
An Act to enable the publication of certain international treaties, conventions and agreements to which the Government has acceded or become signatory, or of any article, term, covenant or provision contained therein, and to provide for matters incidental thereto and connected therewith
[17TH APRIL 1984]
This Act may be cited as the Treaties and Conventions Publication Act.
Whenever the Minister is of opinion that an international treaty, convention or agreement to which the Government has acceded or become signatory, or any article, term, covenant or provision of any such treaty, convention or agreement, relates to or may in any manner affect any obligation or right, or the status, of any person ordinarily resident in Malawi, or any right of property in Malawi, or any commercial or other dealing or transaction between persons ordinarily so resident and residents or citizens of any foreign country, he may by Order cause to be published—
(a) the whole of such treaty, convention or agreement; or
(b) such article, term, covenant or provision, or (as the case may be) such part, thereof as he deems to be relevant,
and in like manner he may amend any such Order.
The version of the whole or any part of an international treaty, convention or agreement or, as the case may be, of an article, term, covenant or provision thereof published pursuant to section 2 shall be in the English language and shall be prima facie evidence of the authentic English language version of such treaty, convention or agreement or part thereof, or of such article, term, covenant or provision thereof.
Where the whole or part of an international treaty, convention or agreement or any article, term, covenant or provision thereof either expressly or by reason of its subject matter impliedly requires for the purpose of its implementation or the giving to it of force or effect in Malawi, the enactment of an Act of Parliament or any subsidiary legislation, the publication thereof pursuant to section 2 shall not be deemed to be a sufficient substitute for that requirement or for such Act of Parliament or subsidiary legislation.
TREATIES AND CONVENTIONS PUBLICATION (INTERNATIONAL AGREEMENTS) ORDER
under s. 2
This Order may be cited as the Treaties and Conventions Publication (International Agreements) Order.
2. Agreements entered into by Malawi and other Governments
The Agreements set out in th e Schedule, being agreements entered into by the Government and other Governments, are hereby published pursuant to section 2 of the Act.
VISA ABOLITION AGREEMENT
(Date entered into force: 7th November, 1984)
For the purposes of this Agreement—
“passport” means a regular national passport.
Nationals of Malawi, holders of valid national passport, shall be exempt from the obligation of obtaining visas for a stay in Israel not exceeding three months.
Israel nationals, holders of valid national passports, shall be exempt from the obligation of obtaining visitors’ visas for a stay in Malawi not exceeding three months.
Nationals of Malawi and Israel, who wish to stay in Israel or Malawi, respectively, for a period exceeding three months, shall obtain the necessary authorization from the competent authorities of the country concerned.
Subject to the foregoing provisions, persons benefiting under this Agreement shall, while in Malawi or Israel, comply with the laws and regulations applicable to foreigners in respect of entry and residence, temporary or permanent, and shall not take up any employment, whether paid or unpaid, nor practise for personal profit any professional or commercial activity unless proper authority has been given by the respective Government.
The Governments of Malawi and Israel reserve the right to refuse admission to persons not possessing a valid national passport or lacking adequate means of subsistence or otherwise ineligible under the general policy of the respective Governments relating to the entry of aliens.
Each of the two Contracting parties undertakes to re-admit without formality, into its territory, any of its nationals.
The Government of Israel and the Government of Malawi each reserves the right temporarily to suspend the application of this Agreement, except Article 7 thereof, for reasons of public order or national security, by giving the other Government immediate notice through diplomatic channels.
This Agreement shall be subject to termination by either Government upon six months notice given in writing to the other Government.
MALAWI/ZIMBABWE TRADE AGREEMENT (PARA. 2)
(Date entered into force: 1st October, 1986)
The Government of the Republic of Malawi and the Government of the Republic of Zimbabwe (hereinafter referred to as the “Contracting Parties"):
DESIROUS of promoting friendly relations and of development and facilitating trade and economic relations on the basis of equality and mutual advantage between their two countries;
CONVINCED that cooperation in trade is essential for achieving maximum development in their respective countries;
BEING Parties to the Treaty for the Establishment of the Preferential Trade Area for the Eastern and Southern African States done at Lusaka on 21st December, 1981,
HAVE AGREED as follows—
1. The Contracting Parties shall grant each other the most favoured nation treatment in all matters relating to goods originating in and supplied directly from the territory of the other party. In particular, the most favoured nation treatment shall apply with respect to—
(a) customs duties and all other duties and taxes connected with the exportation and importation of goods;
(b) regulations and formalities;
(c) the issuance of export and import licences; and
(d) payment permits.
2. The provisions of clause (1) of this Article shall, however, not apply to advantages, concessions and exemptions which—
(a) either Contracting Party has granted or may grant to neighbouring countries in order to facilitate frontier traffic; and
(b) either Contracting Party has granted or may grant under a trade agreement or arrangement or to fellow member countries of a Customs Union, Free Trade Area, Monetary Zone or Economic Community already established or which may be established.
1. The Contracting Parties shall make efforts to increase the volume of trade between them and, in accordance with the laws and regulations in force in their respective countries, grant each other within a reasonable time all requisite permits for the importation and exportation between their respective countries of commodities or goods specified in Annexes A and B.
2. The said Annexes “A” and “B” are, however, not exhaustive or limitative of the commodities or goods which may be exchanged by way of trade between the Contracting Parties, and may be updated from time to time.
3. The said Annexes “A” and “B” shall form an integral part of the Agreement.
1. The Contracting Parties reserve the right to subject the importation of any commodities or goods to the submission of certificates of origin by an organization authorized in that behalf by the Government of the country of origin.
2. For the purpose of clause (1) of this Article, no goods shall be regarded as having been grown, produced or manufactured in the country of the Contracting Party supplying them unless at least twenty-five per cent, or such other percentage as may, from time to time be agreed upon between the Contracting Parties in respect of any specified goods, of the production costs of such goods is represented by materials wholly produced, or labour performed, in Malawi or Zimbabwe and the last process in the production or manufacture of such goods has taken place in such country.
1. The exchange of goods and commodities between the Contracting Parties shall, under this Agreement, be subject to the laws and regulations relating to importation and exportation in force in their respective countries.
2. Commercial transactions under this Agreement shall be effected on the basis of contracts to be concluded between natural and juridical persons of the Contracting Parties. The natural and juridical persons referred to in this paragraph shall carry out their commercial transactions in their own capacities.
1. The Contracting Parties shall, subject to the laws and regulations in force in their respective countries and on conditions agreed upon by the competent authorities of both parties, permit the importation and exportation, free of customs duties, taxes and other similar levies or charges not related to the payment for services, the following—
(a) samples of goods or commodities and publicity materials required only for obtaining orders and for advertising purposes of trade are not for sale and are of no commercial value;
(b) goods or commodities imported temporarily for the purposes of trade fair and exhibitions;
(c) goods or commodities imported temporarily for repair and re-exportation; and
(d) goods or commodities originating in or from a third country and transported through the country of one of the Contracting Parties destined for the country of the other Contracting Party.
2. Any goods or commodities imported pursuant to the provisions of clause (1) of this Article—
(a) shall not be sold, leased, lent or otherwise exchanged unless customs duties and all other duties and taxes connected with importation have been paid; and
(b) shall, unless sold, leased, lent or otherwise exchanged, be reexported on or before such date as shall be agreed upon between the Contracting Parties.
To facilitate and promote the development of trade and commercial transactions under this Agreement, the Contracting Parties agree—
(a) to allow the organization of trade fairs and exhibitions in their respective countries in accordance with their laws and regulations; and
(b) to furnish each other, on request, with all necessary information concerning the possibilities of supplying goods originating from their respective countries.
In order to facilitate transit traffic of commercial goods and commodities under this Agreement, the Contracting Parties agree—
(a) to facilitate freedom of transit of commodities or goods originating from the countries of either of them and destined for the country of a third party; and
(b) to facilitate freedom of transit of commodities of goods originating from the country of a third party and destined for the country of either of the Contracting Parties.
Both Contracting Parties shall take measures as may be necessary to ensure that the prices for the commodities and goods to be exchanged under this Agreement shall be established on the basis of world market prices. For the commodities and goods for which no world market prices can be established, competitive prices for similar goods and commodities of analogous quality shall apply.
All payments between the Contracting Parties in pursuance of this Agreement shall be effected in accordance with the foreign exchange laws and regulations in force in their respective countries.
Nothing in this Agreement shall be construed as affecting any rights and obligations arising from any existing international agreements or treaties already entered into by either of the Contracting Parties prior to the conclusion of this Agreement.
1. The Government of the Republic of Zimbabwe hereby designates its Ministry of Trade and Commerce and the Government of the Republic of Malawi hereby designates its Ministry of Trade and Industry as their respective organs for the purpose of implementing this Agreement and other matters relating thereto.
2. Each Contracting Party shall have the right to designate in writing at any time, any other appropriate body, organization or Ministry in place of the one already designated in clause (1) of this Article.
1. With the aim of ensuring the full and effective implementation of the provisions of this Agreement, a Joint Consultative Committee shall be established consisting of representatives from both Contracting Parties.
2. The Joint Consultative Committee shall meet, alternating between the capitals of both countries, at the request of one of the Contracting Parties.
3. The Joint Consultative Committee shall meet at such intervals as shall be agreed upon between the Contracting Parties, and the Contracting Party hosting meeting of the Joint Consultative Committee shall provide the Chairman of that meeting from its representatives.
4. The Joint Consultative Committee shall recommend to Contracting Parties all the measures it might deem necessary for the improvement of trade relations between them.
The Contracting Parties shall strive to settle any problems, disputes or differences between them arising from this Agreement through mutual negotiation.
Either Contracting Party may, by written notice through normal diplomatic channels, present to the other Party a request for modification or revision of this Agreement.
On the coming into force of this Agreement, the provisions of any previous agreement or arrangement relating to trade between the countries of the Contracting Parties shall cease to have force or effect.
1. This Agreement shall come into force on a date to be fixed by an exchange of diplomatic notes and shall remain in force for a period of 2 years thereafter.
2. This Agreement shall automatically be extended for additional two-year periods, unless either of the Contracting Parties notifies the other in writing of the intention to terminate the Agreement 180 days prior to its expiration.
3. At the termination of this Agreement, its provision and the provision of any separate contracts or agreements made in respect thereof shall continue to govern any unexpired and existing obligations assumed or commenced thereunder until they are fully executed.
DONE AT BLANTYRE in two originals each in the English language, both texts being equally authentic, on this 9th day of May, 1986.
EXPORTS FROM MALAWI
1. Accounting machines, calculating machines and similar machines incorporating a calculating device, statistical and data processing machines
4. fishing flies
5. Fishing nets and sport nets
7. Brush ware
EXPORTS FROM ZIMBABWE
1. Compound lard
3. Parquet blocks
4. Veneer sheets
5. Plywood and blockboard
6. Gramophone records
7. Brush ware
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
(Date entered into force: 22nd March, 1994)
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 cooperation, 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 all individuals within its territory and subject to its jurisdiction the rights recognized in the present 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 State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the 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 violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; and
(c) to ensure that the competent authorities shall enforce such remedies when granted.
The State Parties to the present Covenant undertake to ensure the equal right of men and women 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 of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination 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 made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights 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 not recognize 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. No one shall be arbitrarily deprived of his life.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this Article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years 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 capital punishment by any State Party to the present Covenant.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
1. No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited.
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 with hard labour may be imposed as a punishment for a crime, the performance of hard labour in 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 not include—
(i) any work or service, not referred to in sub-paragraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;
(ii) any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;
(iii) any service exacted in cases of emergency or calamity threatening the life or well-being of the community; and
(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 deprived of his liberty, except on such grounds and in accordance with such procedures as are established by law.
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of 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 an enforceable right to compensation.
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2.—(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.
(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.
No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.
1. Everyone lawfully within the territory of a State shall, within that territory, have the right 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 which are provided by law, are necessary to protect national security, public order, public health or morals or the rights and freedoms of others, and are consistent with the other 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 expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.
1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality—
(a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
(b) to have adequate time and facilities for the preparation of his defence and to communicate 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 assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) to have the free assistance of an interpreter if he cannot understand or speak the language used in court; and
(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 their age and desirability of promoting their rehabilitation.
5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.
6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact 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 has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.
2. Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
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 right shall 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 his religion 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 adopt a religion or belief of his choice.
3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religion and moral education of 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 freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, 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 it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary—
(a) for respect of the rights or reputations of others; and
(b) for the protection of national security or of public order (ordre public), or of public health or morals.
1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary 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 of the rights and freedoms of others.
1. Everyone shall have the right to freedom of association with others, including the right to form and join unions for the protection of his interests.
2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary 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 of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.
3. Nothing in this Article shall authorize States Parties to the International Labour Organization Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in 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 to protection by society and the State.
2. The right of men and women of marriageable age to marry and to found a family shall be recognized.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights 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 any children.
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 protection as 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 distinctions mentioned in Article 2 and without unreasonable restrictions—
(a) to take part in the conduct of public affairs, directly or through freely chosen representatives;
(b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; and
(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 the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
1. There shall be established a Human Rights Committee (hereafter referred to in the present covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.
2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.
3. The members of the Committee shall be elected and shall serve in their personal capacity.
1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in Article 28 and nominated for the purpose by the States 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 into force of the present Covenant.
2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with Article 34, the Secretary-General of the United Nations shall address a written invitation to the State Parties to the present Covenant to submit their nominations for membership of the Committee within three months.
3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the State Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.
4. Elections of the members of the Committee shall be held at a meeting of the State Parties to the present Covenant convened by the Secretary-General of the United Nations at the Headquarters of the United nations. At that meeting, for which two-thirds of the State Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority 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 geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.
1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at 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 meeting referred to in Article 30, paragraph 4.
2. Elections at the expiry of office shall be held in accordance with the preceding Articles of this part of the present Covenant.
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased 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 chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat 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 the member 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 the present 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 of the persons thus nominated and shall submit it to the States Parties to 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 on the Committee under the provisions of that Article.
The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee’s responsibilities.
The Secretary-General of the United Nations shall provide the necessary staff and facilities of the effective performance of the functions of the Committee under the present Covenant.
1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.
2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.
3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations office at Geneva.
Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.
1. The Committee shall elect its officers for a term of two years. They may be reelected.
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 State Parties to the present Covenant undertake to submit report on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights—
(a) within one year of the entry into force of the present Covenant for the States Parties concerned;
(b) thereafter whenever the Committee so requests.
2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factor and difficulties, if any, affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultations with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.
4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.
5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this Article.
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