The first Optional Protocol to the International Covenant on Civil and Political Rights enables the Human
Rights Committee, set up under that Covenant, to receive and consider communications from individuals
claiming to be victims of violations of any of the rights set forth in the Covenant.
Under article I of the Optional Protocol, a State party to the Covenant that becomes a party to the Protocol
recognizes the competence of the Human Rights Committee to receive and consider communications from
individuals subject to its jurisdiction who claim to be victims of a violation by that State of any of the rights
set forth in the Covenant. Individuals who make such a claim, and who have exhausted all available
domestic remedies, are entitled to submit a written communication to the Committee (art. 2).
Such communications as are determined to be admissible by the Committee (in addition to article 2, articles
3 and 5 (2) lay down conditions for admissibility) are brought to the attention of the State party alleged to
be violating a provision of the Covenant. Within six months, that State must submit to the Committee
written explanations or statements clarifying the matter and indicating the remedy, if any, that it may have
applied (art. 4).
The Human Rights Committee considers the admissible communications, at closed meetings, in the light of
all written information made available to it by the individual and the State party concerned. It then forwards
its views to the State party and to the individual (art. 5).
A summary of the Committee's activities under the Optional Protocol is included in the report which it
submits annually to the General Assembly through the Economic and Social Council (art. 6).
Second Optional Protocol
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty, was adopted by the General Assembly by its resolution 44/128 of 15
December 1989. Under its article 1, no one within the jurisdiction of a State party to the Protocol may be
executed.
Under article 3 of the Protocol, States parties must include in the reports which they submit to the Human
Rights Committee information on measures taken to give effect to the Protocol.
Article 5 of the Second Optional Protocol provides that, with respect to any State party to the first Optional
Protocol, the competence of the Human Rights Committee to receive and consider communications from
individuals subject to that State's jurisdiction shall extend to the provisions of the Second Optional Protocol,
unless the State party concerned has made a statement to the contrary at the moment of ratification or
accession.
Under article 6, the provisions of the Second Optional Protocol apply as additional provisions to the
Covenant.
Entry into force of the Covenants and the Optional Protocols
The International Covenant on Economic, Social and Cultural Rights entered into force on 3 January 1976,
three months after the date of deposit with the Secretary-General of the thirty-fifth instrument of ratification
or accession, as provided in article 27. As at 30 September 1995, the Covenant had been ratified or acceded
to by 132 States:
Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus,
Belgium, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada,
Cape Verde, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, Croatia,
Cyprus, Czech Republic, Democratic People's Republic of Korea, Denmark, Dominica, Dominican Republic,
Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, France, Gabon, Gambia, Georgia,
Germany, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Hungary, Iceland, India,
Iran (Islamic Republic of), Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kenya, Kyrgyzstan, Latvia,
Lebanon, Lesotho, Libyan Arab Jamahiriya, Lithuania, Luxembourg, Madagascar, Malawi, Mali, Malta,
Mauritius, Mexico, Mongolia, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua,