سه شنبه ۲۰ شهریور ۰۳ | ۲۱:۵۵ ۷ بازديد
his publication was prepared by the Centre
for Civil and Political Rights (CCPR Centre) in
the framework of its project supported by the
Embassy of Switzerland in Myanmar to assist
efforts of Myanmar in joining and implementing
the International Covenant on Civil and Political
Rights (ICCPR), and printed with support from
La Loterie Romande. It specifically aims to
provide all interested parties in the ratification
and implementation of the ICCPR, especially
relevant State authorities and officials, Members
of Parliament, Civil Society Organisations (CSOs)
and Human Rights Defenders (HRDs) with an
overview and basic understanding of the main
articles of the ICCPR.
It provides a simple explanation of the articles
1 to 27 of the ICCPR, which are the substantial
articles of the Covenant and should serve as an
introductory tool for anyone who wants to learn
about the ICCPR. It is written and designed in a
way which is easy to read for those who do not
have any or much knowledge about international
human rights law or who are not familiar with
legal terms.
Another main aspect of this publication is that,
considering the difficulty and complication of
producing a precise translation and interpretation
Introduction
of the ICCPR in different languages, it seeks to
provide texts that are easy, not only to understand,
but also to translate into languages, especially
for the countries where there is no official
translation of the ICCPR available. It should also
help interpreters and translators to have a basic
understanding of the ICCPR.
As such, it should be noted that this publication
does not intend to provide a full picture of
the ICCPR, or capture the complex practice
of protecting civil and political rights. For
anyone who wants to learn more and/or seeks
in depth legal understanding, this publication
also indicates sources and materials that
can be used as tools for the more advanced
purpose of implementing and applying the
ICCPR on the ground.
Simple Guide on the International Covenant
on Civil and Political Rights (ICCPR)5
As the only one in the ICCPR, article 1 deals with a
collective right i.e. the right of peoples (whereas
the other articles of the ICCPR deal with rights of
individuals). This article, i.e. the right of peoples
to self-determination, primarily addressing human
rights issues related to colonialism, is relevant to
the protection of Indigenous peoples’ rights.
Considering the relatively high attention paid and
interest in this article by relevant stakeholders,
this article and the issue of self-determination
is rarely invoked or raised by the HR Committee
in its work, unless it is brought up by the State
concerned or already under discussion at
national level e.g. in the context of the rights of
indigenous peoples.
Article 1 cannot be invoked in the Individual
Communications procedure of the Committee, as
it deals with a collective right of peoples, but not of
individual persons.
Article 1:
Right of Peoples to Self-determination
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 co-operation, 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.
Issues addressed under this article
include:
▶ Self-governing or secession of non-
self-governing territories
▶ Self-governing of indigenous peoples
▶ Land rights of indigenous peoples
including free, prior and informed
consent of indigenous peoples on the
usage of their lands
▶ Representation/participation of
indigenous peoples in decision
making
6
Article 2 §1 lays out the principle of non-
discrimination in the protection of the rights
guaranteed in the ICCPR, including the obligation
of State parties to take positive measures to
eliminate discrimination. Except for specific
provisions of the ICCPR, which explicitly limit
the applicability of rights to a certain group (or
category) of population (e.g. article 25 limited to
the citizens), each Stateparty is obliged to respect
and ensure the rights guaranteed in the ICCPR
to all individuals regardless of their nationality,
including stateless persons, asylum seekers,
Article 2:
Non-Discrimination, Constitutional and Legal
Framework within which the Covenant is
Implemented, and Access to Remedies
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, *******, 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 laws 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;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
refugees and migrants who find themselves in the
territory or subject to the jurisdiction of the State
party concerned.
The definition of discrimination used by the
Committee is as follows: “any distinction,
exclusion, restriction or preference which is based
on any ground such as race, colour, *******, language,
religion, political or other opinion, national or
social origin, property, birth or other status, and
which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise
Simple Guide on the International Covenant
on Civil and Political Rights (ICCPR)7
by all persons, on equal footing, of all rights and
freedoms”.1 Enjoyment of rights and freedoms
on an equal footing does not mean identical
treatment in every instance.
Article 2 §2 requires each State party to take
necessary measures at the national level to
effectively and fully implement the ICCPR. In
this context, the Committee routinely asks State
parties to review and consider withdrawing
any reservations or interpretative declarations.
Article 2 §3 guarantees the right of persons to
effective remedies, when the rights or freedoms
recognised in the ICCPR are violated. It is closely
linked with article 14, which sets out necessary
guarantees and procedures for providing effective
remedies. For the State parties that also ratified the
first Optional Protocol, this paragraph provides the
grounds for the Committee to deal with individual
communications. The right to an effective remedy
set under this article is, in practice, non-derogable
even in a state of emergency.
1 - General comment of the HR Committee No. 18 (HRI/GEN/1/
Rev.9 (Vol.1)), § 6: http://ccprcentre.org/ ccpr-general-comments
Issues addressed under this article 2
(sometimes together with other articles)
include:
▶ Legislation prohibiting discrimination
▶ Discrimination against women,
lesbian, gay, bi*******ual, transgender,
inter******* and queer persons (LGBTIQ),
ethnic or national minorities,
indigenous peoples, illegal and
undocumented migrants, refugees
and asylum seekers, non-citizens/
nationals, persons with disabilities,
children born out of wedlock
▶ Equal pay for equal work
▶ Human rights abuses during periods
of unrest including those perpetrated
by non-state actors and the
protection of victims and witnesses
of human rights violations
▶ Incorporation of the ICCPR in the
domestic legislation and compatibility
of domestic legislation including
customary law with the Covenant
▶ Reservations and interpretative
declarations to ICCPR
▶ Compatibility of national laws
including counter-terrorism legislation
and customary laws with ICCPR
▶ Status of ICCPR in domestic
legislation i.e. its precedence over
domestic legislation including the
Constitution as well as the use of
ICCPR in domestic courts
▶ Establishment and functioning of
the National Human Rights Institute
according to the Paris Principles
for Civil and Political Rights (CCPR Centre) in
the framework of its project supported by the
Embassy of Switzerland in Myanmar to assist
efforts of Myanmar in joining and implementing
the International Covenant on Civil and Political
Rights (ICCPR), and printed with support from
La Loterie Romande. It specifically aims to
provide all interested parties in the ratification
and implementation of the ICCPR, especially
relevant State authorities and officials, Members
of Parliament, Civil Society Organisations (CSOs)
and Human Rights Defenders (HRDs) with an
overview and basic understanding of the main
articles of the ICCPR.
It provides a simple explanation of the articles
1 to 27 of the ICCPR, which are the substantial
articles of the Covenant and should serve as an
introductory tool for anyone who wants to learn
about the ICCPR. It is written and designed in a
way which is easy to read for those who do not
have any or much knowledge about international
human rights law or who are not familiar with
legal terms.
Another main aspect of this publication is that,
considering the difficulty and complication of
producing a precise translation and interpretation
Introduction
of the ICCPR in different languages, it seeks to
provide texts that are easy, not only to understand,
but also to translate into languages, especially
for the countries where there is no official
translation of the ICCPR available. It should also
help interpreters and translators to have a basic
understanding of the ICCPR.
As such, it should be noted that this publication
does not intend to provide a full picture of
the ICCPR, or capture the complex practice
of protecting civil and political rights. For
anyone who wants to learn more and/or seeks
in depth legal understanding, this publication
also indicates sources and materials that
can be used as tools for the more advanced
purpose of implementing and applying the
ICCPR on the ground.
on Civil and Political Rights (ICCPR)5
As the only one in the ICCPR, article 1 deals with a
collective right i.e. the right of peoples (whereas
the other articles of the ICCPR deal with rights of
individuals). This article, i.e. the right of peoples
to self-determination, primarily addressing human
rights issues related to colonialism, is relevant to
the protection of Indigenous peoples’ rights.
Considering the relatively high attention paid and
interest in this article by relevant stakeholders,
this article and the issue of self-determination
is rarely invoked or raised by the HR Committee
in its work, unless it is brought up by the State
concerned or already under discussion at
national level e.g. in the context of the rights of
indigenous peoples.
Article 1 cannot be invoked in the Individual
Communications procedure of the Committee, as
it deals with a collective right of peoples, but not of
individual persons.
Article 1:
Right of Peoples to Self-determination
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 co-operation, 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.
Issues addressed under this article
include:
▶ Self-governing or secession of non-
self-governing territories
▶ Self-governing of indigenous peoples
▶ Land rights of indigenous peoples
including free, prior and informed
consent of indigenous peoples on the
usage of their lands
▶ Representation/participation of
indigenous peoples in decision
making
Article 2 §1 lays out the principle of non-
discrimination in the protection of the rights
guaranteed in the ICCPR, including the obligation
of State parties to take positive measures to
eliminate discrimination. Except for specific
provisions of the ICCPR, which explicitly limit
the applicability of rights to a certain group (or
category) of population (e.g. article 25 limited to
the citizens), each Stateparty is obliged to respect
and ensure the rights guaranteed in the ICCPR
to all individuals regardless of their nationality,
including stateless persons, asylum seekers,
Article 2:
Non-Discrimination, Constitutional and Legal
Framework within which the Covenant is
Implemented, and Access to Remedies
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, *******, 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 laws 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;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
refugees and migrants who find themselves in the
territory or subject to the jurisdiction of the State
party concerned.
The definition of discrimination used by the
Committee is as follows: “any distinction,
exclusion, restriction or preference which is based
on any ground such as race, colour, *******, language,
religion, political or other opinion, national or
social origin, property, birth or other status, and
which has the purpose or effect of nullifying or
impairing the recognition, enjoyment or exercise
on Civil and Political Rights (ICCPR)7
by all persons, on equal footing, of all rights and
freedoms”.1 Enjoyment of rights and freedoms
on an equal footing does not mean identical
treatment in every instance.
Article 2 §2 requires each State party to take
necessary measures at the national level to
effectively and fully implement the ICCPR. In
this context, the Committee routinely asks State
parties to review and consider withdrawing
any reservations or interpretative declarations.
Article 2 §3 guarantees the right of persons to
effective remedies, when the rights or freedoms
recognised in the ICCPR are violated. It is closely
linked with article 14, which sets out necessary
guarantees and procedures for providing effective
remedies. For the State parties that also ratified the
first Optional Protocol, this paragraph provides the
grounds for the Committee to deal with individual
communications. The right to an effective remedy
set under this article is, in practice, non-derogable
even in a state of emergency.
1 - General comment of the HR Committee No. 18 (HRI/GEN/1/
Rev.9 (Vol.1)), § 6: http://ccprcentre.org/ ccpr-general-comments
Issues addressed under this article 2
(sometimes together with other articles)
include:
▶ Legislation prohibiting discrimination
▶ Discrimination against women,
lesbian, gay, bi*******ual, transgender,
inter******* and queer persons (LGBTIQ),
ethnic or national minorities,
indigenous peoples, illegal and
undocumented migrants, refugees
and asylum seekers, non-citizens/
nationals, persons with disabilities,
children born out of wedlock
▶ Equal pay for equal work
▶ Human rights abuses during periods
of unrest including those perpetrated
by non-state actors and the
protection of victims and witnesses
of human rights violations
▶ Incorporation of the ICCPR in the
domestic legislation and compatibility
of domestic legislation including
customary law with the Covenant
▶ Reservations and interpretative
declarations to ICCPR
▶ Compatibility of national laws
including counter-terrorism legislation
and customary laws with ICCPR
▶ Status of ICCPR in domestic
legislation i.e. its precedence over
domestic legislation including the
Constitution as well as the use of
ICCPR in domestic courts
▶ Establishment and functioning of
the National Human Rights Institute
according to the Paris Principles
dfs3434