Roots, Rights and Respect: Human Rights and Human Wrongs

UP Budget Cut

DBM 2011 Budget Site:
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HLI Timeline

Holding on: A Hacienda Luisita timeline from the Spanish to the Noynoy eras
08/18/2010 | 11:19 PM


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Spanish Period

Hacienda Luisita was once owned by the “Compañía General de Tabacos de Filipinas," also known as "Tabacalera", founded in November 1881 by Don Antonio López y López, a Spaniard from Santander, Cantabria, Spain.

Lopez acquired the estate in 1882, a year before his death, and named it “Hacienda Luisita" after his wife, Luisa Bru y Lassús.

Lopez was considered a financial genius and the “most influential Spanish businessman of his generation." He counted the King of Spain as a personal friend.

Luisita was just one of his haciendas. Lopez also owned estates in other parts of the country: Hacienda Antonio (named after his eldest son), Hacienda San Fernando, and Hacienda Isabel (named after his eldest daughter).

Tabacalera’s incorporators included the Sociedad General de Crédito Inmobiliario Español, Banque de Paris (now Paribas), and Bank of the Netherlands (now ABN-AMRO). Luisita was a sugar and tobacco plantation.

American Period

During the American Occupation (1898 to 1946), the Tabacalera experienced prosperous times because of the legendary sweet tooth of the Americans.

As Cuba could not supply all of the sugar requirements of the United States, they turned to the Philippines. At one point, Hacienda Luisita supplied almost 20% of all sugar in the US.

Japanese Regime

During the Japanese occupation, Hacienda Luisita continued to operate, like all haciendas and tabacaleras in the Philippines, because the Japanese wanted to ensure that commodities such as sugar and rice were available to Filipinos.

Pepe Cojuangco Period

1957
Problems with Huk rebels led the Spanish owners of Tabacalera to sell Hacienda Luisita and the sugar mill Central Azucarera de Tarlac.

Philippine President Ramon Magsaysay blocked the sale of the plantation to the wealthy Lópezes of Iloilo, fearing that they might become too powerful as they already owned Meralco, Negros Navigation, Manila Chronicle, ABS-CBN, and various haciendas in Western Visayas

The late Senator Benigno Simeon "Ninoy" Aquino, Jr. discussed with the late President Ramon Magsaysay the possibility of his father-in-law, Jose Cojuanco Sr., acquiring Hacienda Luisita and Central Azucarera de Tarlac from their Spanish owners.

Magsaysay was a “ninong" (principal sponsor) at the wedding of Ninoy and the late President Corazon Cojuangco Aquino, parents of the incumbent President Benigno Simeon "Noynoy" Aquino III.

August 1957
The Philippine government facilitated the Cojuangcos' takeover of Hacienda Luisita and Central Azucarera de Tarlac by:

(1) Providing Central Bank (CB) support to help the Cojuangcos obtain a dollar loan from the Manufacturer's Trust Company (MTC) in New York for the purchase of the sugar mill (Central Azucarera de Tarlac). The CB had to deposit part of the country’s dollar reserves with MTC for MTC to release Cojuangco’s loan. The CB's intervention was done under the condition that Cojuangco would also acquire Hacienda Luisita, not just the sugar mill, "with a view to distributing the hacienda to small farmers".

(2) Granting the Cojuangcos a peso loan through the Government Service Insurance System (GSIS) to purchase the hacienda

November 25, 1957
The GSIS approved another loan made by the Cojuangcos amounting to P5.9 million, on the condition that Hacienda Luisita would be “subdivided among the tenants who shall pay the cost thereof under reasonable terms and conditions."

However, four months later, Jose Cojuangco Sr. asked the GSIS to change the phrase to ...shall be sold at cost to tenants, "should there be any." This phrase would be cited later on as justification not to distribute the hacienda’s land.

April 8, 1958
Jose Cojuangco, Sr.’s company, the Tarlac Development Corporation (TADECO), became the new owner of Hacienda Luisita and Central Azucarera de Tarlac.

Ninoy Aquino, President Cory’s husband and President Noynoy’s father, was appointed the hacienda’s first administrator.

The Ferdinand Marcos presidency

1965
Ferdinand Edralin Marcos is elected president.

1967
The 10-year window given by the Philippine government for the Cojuangcos to distribute the land elapsed with no land distribution taking place. During this time, farmers began to organize into groups to push for land distribution.

The Cojuangcos, however, insisted that there were no tenants on the hacienda, hence no need to distribute land.

The government sent three letters to the Cojuangcos between the 1960s to the 1970s to follow up the issue of land distribution.

September 21, 1972
Marcos declared Martial Law. His most vocal critic, Ninoy Aquino, was among the first to be arrested.

May 7, 1980
The Marcos government filed a case before the Manila Regional Trial Court (MRTC) to prod the Cojuangco-owned TADECO to surrender Hacienda Luisita to the Ministry of Agrarian Reform so that the land could be distributed to the farmers at cost. The case was filed as Ninoy Aquino and his family were leaving for exile in the US.

January 10, 1981
The Cojuangcos responded to the government complaint by arguing that the land could not be distributed because the hacienda did not have tenants to begin with. They also argued that sugar lands were not covered by existing agrarian reform legislations. Anti-Marcos groups claimed that the government’s case was an act of harassment against Ninoy Aquino’s family

August 21, 1983
After living in exile for three years in Boston, Massachusetts, Ninoy Aquino returned to Manila. He was assassinated on the tarmac of the Manila International Airport.

December 2, 1985
The MRTC ordered TADECO to surrender Hacienda Luisita to the Ministry of Agrarian Reform. The Cojuangcos decried this as an act of harassment because Cory was set to run against Marcos in the February 1986 snap elections. The family later elevated the matter to the Court of Appeals.

December 3, 1985
On December 3, 1985, Cory Aquino officially filed her certificate of candidacy for President. Land reform was among the pillars of her campaign. She promised to give “land to the tiller" and to subject Hacienda Luisita to land reform.

February 1986
The February 7 snap election was marred by allegations of widespread fraud against Marcos. The anti-Marcos sentiments led to the “People Power Revolution," a series of nonviolent and prayerful mass street demonstrations that toppled the dictatorship and installed Cory Aquino to the presidency.

Cory Aquino presidency

January 22, 1987
Eleven months into the Cory Aquino presidency, thousands of frustrated farmers marched to Malacañang demanding land reform and the distribution of land at no cost to beneficiaries. In a violent dispersal, 13 protesters were killed in what has gone down in history as the “Mendiola Massacre".

July 22, 1987
Cory issues Presidential Proclamation 131 and Executive Order No. 229, outlining her agrarian reform program, which covers sugar and coconut lands. The outline also includes a provision for the Stock Distribution Option (SDO), a mode of complying with the land reform law that did not require actual transfer of the land to the tiller.

March 17, 1988
The government under Cory Aquino withdrew its case against the Cojuangcos. Cory's appointee, Solicitor General Frank Chavez, filed a motion for the Court of Appeals to dismiss the civil case the Marcos government filed and won at the Manila Regional Trial Court against the Cojuangcos. The Department of Agrarian Reform and the GSIS, now headed by Aquino appointees Philip Juico and Feliciano “Sonny" Belmonte, respectively, did not object to the motion to dismiss the case.

The Central Bank also did not object to dismissal of case as it assumed that Luisita would be distributed anyway through the upcoming Comprehensive Agrarian Reform Program (CARP).

May 18, 1988
The Court of Appeals dismissed the case filed by the Marcos government against the Cojuangco-owned TADECO. The government itself, under Cory, moved to withdraw the case that compelled TADECO to distribute land.

June 10, 1988
President Aquino signed into law Republic Act No. 6657 or the Comprehensive Agrarian Reform Law. A clause in the agrarian reform program included SDO, which allows landowners to give farmers shares of stock in a corporation instead of land.

August 23, 1988
Tarlac Development Co. (TADECO) established Hacienda Luisita Inc. (HLI) to implement the distribution of stocks to farmers in the hacienda.

1989
The Cojuangcos justified Luisita’s SDO by saying it was impractical to divide the hacienda’s 4,915.75 hectares of land among 6,296 farm workers because this would give farmers less than one hectare of land each (or 0.78 hectares of land per person).

May 9, 1989
Luisita’s farm workers were asked to choose between stocks or land in a referendum. The SDO won 92.9% of the vote. A second referendum and information campaign were held five months later, and the SDO won again, getting 96.75% of the vote.

Father Joaquin Bernas, a 1987 Constitutional Commission member, said Luisita’s SDO is inconsistent with the Constitution. “The [SDO] is a loophole because it does not support the Constitution’s desire that the right of farmers to become owners of the land they till should be promoted by government," Bernas said in his June 27, 1989 column in the Manila Chronicle.

May 11,1989
When the CARP was implemented in Hacienda Luisita in 1989, the farm workers’ ownership of the plantation was pegged at 33 percent, while the Cojuangcos retained 67 percent.

Luisita’s SDO agreement spelled out a 30-year schedule for transferring the stocks to the farm workers:

“At the end of each fiscal year, for a period of 30 years, the SECOND PARTY (HLI) shall arrange with the FIRST PARTY (TADECO) the acquisition and distribution to the THIRD PARTY (farm workers) on the basis of number of days worked and at no cost to them of one-thirtieth (1/30) of 118,391,976.85 shares of the capital stock of the SECOND PARTY (HLI) that are presently owned and held by the FIRST PARTY (TADECO), until such time as the entire block of 118,391,976.85 shares shall have been completely acquired and distributed to the THIRD PARTY (farm workers)."

November 21, 1989
Agrarian Reform Secretary and now Senator Miriam Defensor-Santiago, approved the SDO agreement of Luisita.

However, Santiago's tenure at the DAR only lasted two months. In 2005, Santiago, already a senator, said Cory allegedly removed her from the DAR because of a comment she made to the media—that Cory should inhibit herself from being the chairperson of the Presidential Agrarian Reform Council (PARC), which approves SDO agreements.

Fidel Ramos presidency

September 1, 1995
On September 1, 1995, the Sangguniang Bayan of Tarlac (Provincial Board of Tarlac) passed a resolution that reclassified 3,290 out of Luisita’s 4,915 hectares from agricultural to commercial, industrial, and residential. The governor of Tarlac province at that time was Margarita “Tingting" Cojuangco, wife of Jose “Peping" Cojuangco, Jr., brother of Cory Aquino.

Out of the 3,290 reclassified hectares, only 500 hectares were approved for conversion by the DAR.

August 14, 1996
The Department of Agrarian Reform approved for conversion 500 hectares of the Luisita land.

Gloria Arroyo presidency

2003
By this time, the farm workers’ daily wage flattened at P194.50 and work days were down to one per week. The hacienda workers then filed a petition with the DAR to have the SDO agreement revoked.

October 14, 2003
Workers from the HLI supervisory group petitioned the DAR to revoke the SDO, saying they were not receiving the dividends and other benefits earlier promised to them. Two months later, a petition to revoke the SDO bearing more than 5,300 signatures was filed by union officers at the DAR to revoke the SDO and stop land conversion in Luisita.

July 2004
The union tried to negotiate a wage increase to P225 per day. Workers also asked that the work days be 2 to 3 days per week, instead of just once a week. The management disagreed, claiming that the company was losing money.

October 1, 2004
Luisita management retrenched 327 farm workers, including union officers.

November 6, 2004
Almost all 5,000 members of the United Luisita Workers Union (ULWU) and 700 members of Central Azucarera de Tarlac Labor Union (CATLU) staged a protest against the mass retrenchment.

November 16, 2004
Violence erupted between the protesters, the police and military forces. At least seven people were killed, 121 were injured, 32 from gunshot wounds. This incident eventually became known as the “Luisita massacre."

The original petition the farm workers submitted lay dormant at the DAR since it was filed in December 2003, but began to move after the November 2004 massacre.

November 25, 2004 to February 22, 2005
The DAR's Task Force Luisita conducted an investigation and focus group discussions among the farm workers.

July 2005
The Arroyo-Aquino alliance broke up in July 2005, the same month Task Force Luisita submitted the findings and recommendations from its investigation, which became the government’s basis for revoking Luisita’s Stock Distribution Option (SDO) and ordering the distribution of the hacienda’s land to the farmers a few months later.

August 2005
A special legal team was formed by the DAR to review the report submitted by Task Force Luisita in July 2005. On September 23, 2005, the special legal team submitted its terminal report recommending the revocation of Luisita’s SDO agreement.

December 2004
In December 2004, a month after the Luisita massacre, picket lines were established around the hacienda. Soon after, eight people who supported the farmers’ cause or had evidence supporting their case were murdered one by one.

The killings began on December 8, 2004 with the death of Marcelino Beltran, a retired army officer turned peasant leader. Beltran was assassinated in his house just before he was to testify about bullet trajectories at the Senate and Congress on December 13 and 14, 2004.

September 22, 2005
Task Force Luisita recommended the revocation of the stock distribution agreement forged in May 1989, saying the SDO failed to fulfill the objectives of the Comprehensive Agrarian Reform Law about promoting social justice and improving the lives of the farmers.

December 22, 2005
PARC issued Resolution No. 2005-32-01, ordering the revocation of Luisita’s SDO agreement and the distribution of the hacienda’s land to farmer beneficiaries.

February 1, 2006
HLI asked the Supreme Court to prevent the PARC from enforcing the resolution.

June 2006
The Supreme Court granted HLI's petition and issued a temporary restraining order, preventing the PARC from canceling the SDO agreement.

June 2007
Negotiations between the HLI management and some farmers began after representatives of AMBALA and the Supervisory group wrote to DAR that they are amenable to an out-of-court settlement.

Noynoy Aquino presidency

February 9, 2010
In Tarlac, then-Senator Noynoy Aquino said at the kick-off of his presidential campaign that Hacienda Luisita’s land would be distributed to farm workers by 2014.

June 30, 2010
Benigno Aquino III's takes oath as the 15th Philippine president.

August 6, 2010
HLI and factions of farmers' groups sign a compromise agreement giving the farmers the chance to remain as HLI stockholders, or receive their share of Hacienda Luisita land. Many voted to retain their stocks and receive cash from HLI, only to complain later that they got minuscule amounts.

August 11, 2010
HLI asked the Supreme Court to approve the compromise deal.

August 16, 2010
A faction of the farmers’ groups asked the SC to junk the compromise deal because it was signed even before the high court could rule on the validity of the stock distribution option (SD), one of the two choices offered by HLI to the farmers in the agreement. The other choice was land distribution. The farmers’ also questioned the authority of the signatories in the agreement who claimed that they were representatives of the plantation’s farmer-beneficiaries.

August 18, 2010
For the first time since the land dispute was brought to its doors four years ago, the SC holds oral arguments to hear the Hacienda Luisita case.

Compiled by Andreo Calonzo, Stephanie Dychiu, and Veronica Pulumbarit, GMANews.TV

Labels: HLI Watch

posted by jef_eleven @ 9:53 PM 0 comments

NUJP Pooled Statement

Signatories as of 1:20 pm, October 5, 2006:Philippine Media Organizations 1. National Union of Journalists of the Philippines (NUJP)2. Center for Media Freedom and Responsibility (CMFR)3. Bandillo ng Palawan4. Sorsogon Organization of News writers, Announcers and Reporters (SONAR) 5. Manila Chinese Press Club (MCPC)6. Negros Weekly7. Negros Daily Bulletin8. Cobra-Ans9. Alyansa ng mga Filipinong Mamamahayag (AFIMA)10. Association of Responsible Media (ARM)11. Northern Media and Information Network (NMIN)12. Mindanao Examiner13. Media Advocates for Reproductive Health and Empowerment (MAHRE) 14. OWF Journalism Consortium Inc15. Sunday Punch 16. College Editors Guild of the PhilippinesInternational Organizations1. International Federation of Journalists2. Media, Entertainment and Arts Alliance3. Indian Media Centre (India)4. Reporters Without Borders5. Committee to Protect Journalists6. Southeast Asian Press Alliance7. Hong Kong Journalists Association8. National Union of Journalists (India)9. Federation of Media Employee's Trade Unions10. Pakistan Press Foundation (PPF)Individuals1. Jose Torres Jr. (Chairperson, NUJP) 2. Rowena Paraan (Secretary-General, NUJP) 3. Nonoy Espina (Director, NUJP) 4. Inday Espina-Varona (Director, NUJP) 5. Sonny E. Fernandez (National Vice Chairperson, NUJP/ABC 5)6. Elmer James Bandol (NUJP-Albay) 7. Leti Boniol (Philippine Daily Inquirer) 8. Ruben Alabastro (Inquirer) 9. Julie Aurelio (Inquirer) 10. Elvira Mata (Inquirer) 11. Adelle Geraldo (Inquirer) 12. Lorna Kalaw-Tirol (Inquirer) 13. Juan Sarmiento Jr. (Inquirer) 14. Chito de la Vega (Inquirer) 15. Stephanie Asuncion (Inquirer) 16. Jun Bandayrel (Inquirer) 17. Tina Arceo-Dumlao (Inquirer) 18. Margie Espino (Inquirer) 19. Corrie Salientes-Narisma (Inquirer) 20. Monica Feria (Inquirer) 21. Vangie Baga-Reyes (Inquirer) 22. Mylene Francisco (Inquirer) 23. Miguel Suarez (Inquirer) 24. Ted Melendres (Inquirer) 25. Jun Cinco (Inquirer) 26. A. Noel Velasco (Inquirer) 27. Abelardo Ulanday (Inquirer) 28. Rosario Garcellano (Inquirer) 29. Artemio Engracia Jr. (Inquirer) 30. Jose Ma. Nolasco (Inquirer) 31. John B. Bayarong (NUJP-Olongapo/Subic) 32. Romy Elusfa (Business Mirror)33. Joyce Pañares (Manila Standard Today) 34. Marlon Ramos (Inquirer Southern Luzon Bureau-Laguna) 35. Carla P. Gomez (Visayan Daily Star, Bacolod City) 36. Arman Toga, editor (Negros Daily Bulletin) 37. Ire Jo V.C. Laurente (DWOM-FM, Mindoro) 38. Julie S. Alipala, ( Inquirer Mindanao Bureau-Zamboanga City) 39. David Santos ( ABS-CBN Zamboanga City ) 40. Vicente Jaime Villafranca (Philippine Graphic) 41. Ramon Acasio (Philippine Graphic) 42. Lynette Ordoñez-Luna (Independent) 43. Rollie Espina, Philippine Star and Negros Press Club 44. Ma. Ester Espina, Media Advocates for Reproductive Health and Empowerment 45. Delfin Perez (Manila Bulletin) 46. Gerry Albert Corpuz (contributor, Bulatlat.com) 47. Jofelle Tesorio (Bandillo ng Palawan) 48. Ansbert B. Joaquin (NUJP Olongapo-Subic) 49. Tony Bergonia (Inquirer) 50. Raul Marcelo (Inquirer) 51. Eric Olona (Inquirer) 52. Linda Bolido (Inquirer) 53. Chelo B. Formoso (Inquirer) 54. Fernando del Mundo (Inquirer) 55. Cenon Bibe Jr. (Inquirer) 56. Sandra Sendoyro (Inquirer) 57. Romina Austria (Inquirer) 58. Princess Daily Omilga (Inquirer) 59. Ernie Sarmiento (Inquirer) 60. Keith Bacongco (Business Mirror) 61. Jun Verzola (Northern Dispatch Weekly) 62. Delfin T. Mallari Jr. (Inquirer Southern Luzon-Quezon) 63. Dodong Solis (Radio Mindanao Networks-Davao) 64. Alexander Martin Remollino (Bulatlat Online Magazine, NUJP) 65. Dennis Maliwanag (inq7.net) 66. Ces Rodriguez (One Philippines) 67. Raffy Jimenez (Manila) 68. Ilang-Ilang Quijano (Pinoy Weekly) 69. Noel Sales Barcelona (Pinoy Weekly, NUJP) 70. Soliman A. Santos (Pinoy Weekly, NUJP/Elliptical Press Corps director) 71. Kenneth Roland A. Guda (Pinoy Weekly, NUJP) 72. D'Jay Lazaro (Pinoy Weekly managing editor, NUJP/NCPM Executive Director) 73. Rogelio L. Ordoñez (Pinoy Weekly EIC, NUJP/NPC) 74. Bayani Abadilla (Pinoy Weekly, News Editor, NUJP/NPC) 75. Roel Pareno (Philippine Star) 76. Frencie Carreon (Zamboanga Today) 77. Carol "Rollie" Montilla (Eastern Times, Malaya, KMC Magazine) 78. Carmelito Q. Francisco (BusinessWorld-Mindanao/Mindanao Times) 79. Veronica Uy (INQ7.net) 80. Thea Alberto (INQ7.net) 81. Noel Godinez (Nothern Dispatch Weekly) 82. Rudy D. Liporada (Editor, Kapitbahay, San Diego, California)83. Lito Banayo (Columnist, Malaya and Abante)84. Aquiles Z. Zonio (Inquirer Mindanao Bureau/NUJP-General Santos City)85. Edith Regalado86. Iris Cecilia Gonzales (BusinessWorld) 87. Ma. Ceres P. Doyo (Inquirer) 88. Bobby Tuazon ( Bulatlat.com)89. Grace Albasin (Inquirer Mindanao Bureau/NUJP)90. Danilo A. Arao ( Bulatlat.com)91. Merpu P. Roa (Filipino Express/MindaNews) 92. Ermin Garcia Jr. (Sunday Punch) 93. Susan Palmes (NUJP-Cagayan de Oro) 94. Rommel G. Rebolido (NUJP-General Santos)95. Artemio A. Dumlao (Philippine Star/NUJP) 96. Raymond Panaligan (freelance photographer) 97. Ellen Tordesillas ( Malaya)98. Hadrian Hernandez (Gulf News, UAE) 99. Carlos Isagani T. Zarate (Columnist,Kris-Crossing Mindanao, Inquirer) 100. Edwin C. Mercurio (Philippine Press Club-Ontario, Canada)101. Ninotchka Rosca (Novelist/journalist) 102. Michael Sarcauga (NUJP-Pagadian) 103. Ma. Diosa Labiste (NUJP-Iloilo/community journalist) 104. Nestor Burgos Jr. (Inquirer-Iloilo/NUJP) 105. Michael L. Ubac (Inquirer) 106. Ronnel Domingo (Inquirer) 107. Tarra Quismundo (Inquirer) 108. Philip Cesar Tubeza (Inquirer) 109. Marinel R. Cruz (Inquirer) 110. Kathryn L. Reyes (Inquirer) 111. Pamela Samia (Inquirer) 112. Robert Jaworski Abaño (Inquirer Northern Luzon Bureau)113. Vincent Cabreza (Inquirer Northern Luzon Bureau)114. Desiree Caluza (Inquirer Northern Luzon Bureau)115. Jonathan Cellona (photojournalist, BusinessWorld) 116. Voltaire F. Domingo 117. Paul M. Gutierrez (Journal Group) 118. Gerry Kaimo119. Gene de Loyola120. Joel Salud (freelance writer) 121. Edralyn Benedicto (Inquirer Visayas Bureau) 122. Cheryll Fiel ( Davao Today/NUJP)123. Grace Uddin ( Davao Today/NUJP)124. Pam Pastor (Inquirer) 125. Psyche Mendoza126. Gil Nartea (Philippine Center for Photojournalism) 127. Butch Hilario (freelance journalist) 128. Armando Malay Jr. 129. Ares P. Gutierrez (Al Nisr Media-Dubai/Gulf News) 130. Carlos H. Conde131. Alexander T. Magno (Manila )132. Ricky Carandang (ANC) 133. Allan M. Mediante (Mindanao Trustee, Philippine Press Institute/Mindanao Gold Star Daily)134. Jun Galias (NUJP-Sorsogon) 135. Manny Lucila (SONAR) 136. Bobby Q. Labalan (Inquirer Southern Luzon Bureau/NUJP)137. Jose F. Lacaba138. Jun Godoy (NUJP-Ozamiz City)139. Aubrey SC Makilan (Bulatlat.com/Silangan Shimbun)140. Tony Abejo (Malindang Tribune/ NUJP-Misamis Occidental)141. 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Ely Suyom (Manila Times)209. Abner Bolos (Gitnang Luzon News Service)210. Fred Villareal (Gitnang Luzon News Service)211. Jay Torres (Pokus-Gitnang Luson)212. Tonette Orejas (Inquirer Northern Luzon Bureau-Pampanga)213. Romer S. Sarmiento (Businessworld Mindanao Bureau)214. Carolyn O. Arguillas (Mindanews)215. H. Marcos C. Mordeno (Mindanews)216. Carmela Fonbuena (Newsbreak)217. Glenda M. Gloria (Newsbreak)218. Jose Pavia (Mabuhay/Executive Director, Philippine Press Institute)219. Ruperto Toga (Publisher, Negros Daily Bulletin)220. Elsie Jolingan (Negros Press Club)221. Aufred Sa-onoy (Editor, Negros Newsweekly)222. Modesto Sa-onoy (Negros Press Club)223. Henry Cestina (Negros Press Club)224. Jeffrey Gelangre (Negros Press Club)225. Edmund Aspero (Congress of Active Media Practitioners)226. Ferdinand Yngson (Congress of Active Media Practitioners)227. Vicente S. Labro (Editor, Leyte-Samar Daily Express, Tacloban City) 228. Allan Nawal (Inquirer)229. Rollie Carolina L. Montilla (Eastern Times, Malaya, KMC magazine/NUJP-Leyte) 230. Red Batario (Executive Director, Center for Community Journalism and Development)231. Harley Palangchao (Manila Times Northern Luzon Bureau)232. Jim Cristobal (Voice of Talamban, Cebu)233. Arlyn dela Cruz (Net25)234. Amalia Cabusao (Mindanao Times)235. Melvin Gascon (Inquirer Cagayan Valley)236. Lyn Ramo (Northern Dispatch Weekly)237. Hazel Villa (Inquirer Iloilo)238. Jay Hilotin (Al Nisr Media/Filipino Press Club-UAE)239. Peterson Bergado (NUJP Cagayan de Oro)240. Charlie Senase (Inquirer Cotabato City)241. Malu Manar (Program Director, DXND Kidapawan)242. Noel Punzalan (PNA Cotabato)243. Andy Cruz (Periodico Banat GenSan)244. Dodge Dillague (Creative Director, News, ABC 5)245. Ross Andres (News Programs Director, ABC 5)246. Jefferson Tan (Associate Producer, Frontlines, ABC 5)247. Arlene Lim farol (Reporter, ABC 5)248. Teresa Andrada (Reporter, ABC 5)249. Faye Tobias (Reporter, ABC 5)250. Divine Bucud (Field Producer, ABC 5)251. Vincent Cristobal (Field Producer, ABC 5)252. Bart De la Rosa (Technical Director, ABC 5)253. Rolly Casipit (VTR Editor, ABC 5)254. Gilbert Edradan (Sound Engineer, News, ABC 5)255. Noel Malaluan (Sound Engineer, News, ABC 5)256. Adonis Silverio (Cameraman, ABC 5)257. Rose Silva (Supervisor, Finance Department, ABC 5)258. Ariel P. Alimboyao (Lightman, News, ABC 5)259. Carlos Jizmundo (President, ABC 5 Employees Union)260. George Aquino (VTR Editor, ABC 5)261. Peng Lomaad (Property Custodian, ABC 5)262. Rose Chua (News Administrative Staff, ABC 5)263. John Javellana (Cameraman, ABC 5)264. Edward Navarette (Manager, News Operations, ABC 5)265. Ali Sotto (News Anchor, Sentro, ABC 5)266. Yvette Lee (Philippine Graphic)267. Edgar Cadagat (NUJP Negros Oriental)268. Julius Mariveles (news director, Aksyon Radyo-Bacolod)269. JJ Deocampo (station manager, Aksyon Radyo-Bacolod)270. Ely de los Santos (Congress of Active Media Practitioners)271. Fred Sapa (Congress of Active Media Practitioners)272. Fred Salanga (Congress of Active Media Practitioners)273. Raymond Robert Burgos (Columnist, Abante and Abante Tonite)274. Williamor A. Magbanua (Anchor/Program Coordinator/News writer, DXND)275. Christopher R. Lim (Manila Times School of journalism)276. Perry M. Calara (Kaiba News and Features/KNF/Pinoy Gazette)277. Edwin G. Espejo (Sunstar General Santos)278. Herbie Gomez (Gold Star Daily, Cagayan de Oro)279. Adrian Cristobal (Philippine Graphic and Manila Bulletin)280. Nick Legaspi (Managing Editor, Philippine Graphic)281. Susan Bernas (Philippine Graphic)282. Louie Jon Sanchez (Philippine Graphic)283. Malou Francisco (Philippine Graphic)284. Joel Egco (Manila Standard/Association of Responsible Media)285. Anthonnette G. Adanza (Davao Del Sur Diurnal Newspaper)286. Arnel Arsolon (DXBB GenSan)287. Manny Autida (DXBB GenSan)288. Edwin Espejo (Managing Editor, SunStar GenSan)289. Bong Gonzales (RMN General Santos)290. Cris Guarin (DXBB, General Santos)291. John Paul Jubelag (Phil. Star, General Santos)292. Jeffrey Jubelag (Mindanao Bulletin, General Santos)293. Joseph Jubelag (Malaya, General Santos)294. Al Josol (RMN General Santos)295. Mel Koronel (RMN General Santos)296. Isagani Palma (Manila Times, General Santos)297. Arnie Delfin (Radyo Bombo Koronadal)298. Jocelyn Uy (Inquirer)299. Minerva Generalao (Inquirer)300. Mel Lawrence de Guzman (Inquirer)301. Maricar D. Tolosa (Inquirer)302. Kate Pedroso (Inquirer)303. Cyril L. Bonabente (Inquirer)304. Sylvia Calderon (Freelance Journalist, Cotabato City)305. Brenda S. Dacpano (nordis.net, Baguio)306. Kimberlie Quitasol (nordis.net, Baguio)307. Pink-Jean Fangon Melegrito (Northern Dispatch Weekly, Baguio)308. Nestor Guillermo (Northern Dispatch Weekly, Baguio)309. Arthur Allad-iw (Northern Dispatch Weekly, Baguio)310. Kathleen Okubo (NUJP-Baguio-Benguet)311. Benny Antiporda (National Press Club/Alyansa ng Filipinong Mamamahayag)312. Sharon Felipe (Sunday Inquirer Magazine)313. Lynett A. Villariba (inquirer)314. Hernan S. de la Cruz (Inquirer Mindanao)315. Roy Luarca (Inquirer)316. Alya D. Honasan (Sunday Inquirer Magazine)317. Pennie de la Cruz (Sunday Inquirer Magazine) 318. Marites Danguilan Vitug (Newsbreak)319. Cheri Mercado (News Anchor, The Big News, ABC 5)320. John Susi (Anchor, Sentro, ABC 5)321. Jade Lopez (Head, Research Group, ABC 5)322. Erel Cabatbat (Reporter, ABC 5)323. Jesus Ramos (Field Producer, ABC 5)324. Ed De Guzman (Cameraman, ABC 5)325. Noli Gaya (Cameraman, ABC 5)326. Ding Ubaldo (Assistant Cameraman, ABC 5)327. Arnel Dizon (Assistant Cameraman, ABC 5)328. Antonio T. Gabriel (Assistant Cameraman, ABC 5)329. Nonoy Solero (VTR Editor, ABC 5)330. Roland Bensan (VTR Editor, ABC 5)331. Mando Covate (Systems Engineer, ABC 5)332. Crispin Yumang (Audioman, ABC 5)333. John Alquel Santos (Chargen Operator, ABC 5)334. Pinky Dichoso (Supervisor, News Administration, ABC 5)335. Cristina Estacio (Supervisor, Merchandising Dep't., ABC 5)336. Raymund Generoso (Supervisor, Post-Production, Guiness Show, ABC 5)337. Gail Ilagan (Columnist, MindaNews) 338. Patrick Cabrillos (dyKA, Catholic Media Network)339. John Pagunsan ( HOT FM. 106-9 - HAMTIC,Antique)340. Hector S. Udani, jr. (News Express-Antique Bureau)341. Romeo Antonio ( HOT. FM. 106-9 - Hamtic,Antique)342. Paul Petinglay ( Bombo Radyo Correspondent-Antique)343. Jhie Zerrudo ( Jounrnal Visayas)344. Peter Zaldivar ( HOT FM 106.9 Hamtic, Antique)345. Julito P. Bale?a , Jr. Express --Antique Bureau)346. Gina Apostol347. Imelda Visaya-Abano (Womens Feature Services, Philippine Gazette, SEJ)348. Manuel T. Cayon (BusinessMirror)349. Cesar S. Ramirez(Phil.STAR)350. Villamor Visaya Jr. (Inquirer Northern Luzon)351. Frank Cimatu (Inquirer Northern Luzon)352. Maurice Malanes (Inquirer Northern Luzon )353. Peter La. Julian (Inquirer Northern Luzon)354. Jo Clemente (Inquirer Central Luzon)355. Russell Arador (Inquirer Central Luzon)356. Jun Malig (Inquirer Centrral Luzon) 357. Franco Emman von Cena (Inquirer)358. Jani Arnaiz (President, Associated Media of Southern Leyte, Maasin City)359. Ramon Tulfo (Inquirer/Bandera)360. Erwin Tulfo (People's Journal/DZAR)361. Manny Marinay (Bulletin Today)362. Ma. Antonieta Lopez (Philippine Star)363. Gilbert Bayoran (Daily Star, Bacolod)364. Carla Canet (Negros Daily Bulletin)365. Annie Calderon (Media Advocates for Reproductive Health)366. Rolly Fernandez (Bureau Chief, Inquirer Northern Luzon)367. Amadis Ma. Guerrero368. Luis V. Teodoro (Professor of Journalism, UP/columnist, Business Mirror)369. Oscar Evangelista (Palawan Community Media Council)370. Ben Serrano (Philippine Star/Caraga Times)371. Walter I. Balane (MindaNews)372. Perfecto Caparas373. Mela Castillo (Antonio Zumel Center for Press Freedom)374. Edgar Crisostomo Cadano (Riyadh, Saudi Arabia)375. Justin V. Nicolas (Adviser, ARS, PUP Sociological Review)376. Jeremiah M. Opiniano (OFW Journalism Consortium, Inc.)377. May Rodriguez (NUJP) 378. Joel Saracho (ABS-CBN-News.com)379. Angelo Gutierez (ABS-CBN-News.com)380. Trina Lagura (ABS-CBN-News.com)381. Aleta Nieva (ABS-CBN-News.com)382. Leila Vicente (ABS-CBN Zamboanga City)383. Darwin Wee (BusinessWorld)384. Jun Tarroza (NUJP-Ormoc)385. Dabet Castañeda (Bulatlat.com)386. Mia Gonzalez (Business Mirror)387. Cher Jimenez (Business Mirror)388. Robert Gonzaga (Subic Broadcasting Corporation, Subic Bay Online)389. Allan Macatuno (Philippine Daily INquirer)390. Henry Empeno (Business Mirror)391. Carrie Aspa (Subic Bay Online)392. Rey Dungog (Bagong Tiktik)393. Karl Ombion (Panaynews/Bulatlat) 394. Guillermo Tejida (Visayan Daily Star)395. Ritzy Malooy (Negros Daily Bulletin) 396. Adrian Nemes (Negros Daily Bulletin)397. Larry Trinidad (Radio Mindanao Network-Bacolod) 398. Larry Concepcion (dyRL, Bacolod) 399. Ryan Lachica (Panay News)400. Ranie Azue (RGMA Superradyo Bacolod)401. Dan Alcoriza (Liga Journalista)402. Brian Morden (RGMA Superradyo Bacolod)403. Albert Gener (RMN Bacolod)404. Rommel Pido (RMN Bacolod)405. Art Tayhupon (Sunshine Cable Bacolod)406. Richard Rivera (RGMA Superradyo Bacolod)407. Rudy Celis (RMN Bacolod)408. Noli Aparicio (RMN Bacolod)409. Clarence Locsin (dyWB Bombo Radyo Bacolod)410. Ric Filoteo (RMN Bacolod)411. Richard Pauyon (Liga Journalista)412. Erwin Salinas (Yes-FM Bacolod)413. Imee Balandra (freelance journalist)414. Ely Dejaresco (Publisher/editor, Negros Chronicle)415. Tina Mendoza (DXMV Valencia City/NUJP-Bukidnon)416. Jimmie Solis (Station Manager, DXCR-MVC/Board of Director, KBP/NUJP-Bukidnon)417. Mildred Torrejas (Station Manager, Radyo Natin Kibawe/Board of Director, KBP/NUJP-Bukidnon)418. Gaudy Balansag (Radyo Natin Maramag/ Board of Director, KBP/NUJP)419. Mel Velez (DXGT-Valencia)420. Edwin Aguilar (Editor, Cook magazine)421. Albert E. Alejo, SJ 422. Marie Yuvienco (Columnist, Philippine Graphic magazine)423. Dee Ayroso (Bulatlat.com)424. Jeremiah Opiniano (OWF Journalism Consortium Inc.) 425. Johnna Villaviray, (The Asahi Shimbun, Manila)426. Dana Batnag (Jiji Press)427. Krip Yuson (columnist, Philippine Star and Philippine Graphic)428. Mila Aguilar429. Anthony Bayarong (Manila Times)430. Betty Bendicion (DZRH-Zambales)431. Randy Datu (Balita)432. Anthony De Leon (INQ7.net)433. Alex Galang (Pilipino Star Ngayon)434. Rommel Ico (Tanod)435. Dante Salvana (MBN 4)436. Jeff Tombado (Pilipino Star Ngayon)437. A. Mangampo-Ociones (Gitnang Luson News Service)438. D. L. Mondelo (Pinoy Abrod, Amsterdam, The Netherlands)439. Neptalie Batolenio (dxDD-AM & FM Ozamiz City and Malindang Herald Newspaper)440. Joenald Medina Rayos (President, Batangas Press Club/Editor-in-Chief, Dyaryo Veritas)441. Michael A. Bengwayan (Asia Observer/Gemini News Service)442. Fe P. Koons (Vice president, Filipino American Press Club of Los Angeles)443. Rolando B. Tolentino (University of the Philippines Film Institute/Columnist, Pinoy Weekly) 444. Michael Medina (Editor in chief, Mindanao Monitor, Misamis Occidental)445. Romeo P. Marquez (Editor, Philippine Village Voice, San Diego, California/Member, Asian American Journalists Association)446. Minnie Advincula (Malaya)447. Rosario Galang (Malaya)448. Che Francisco (Malaya)449. Echie Candelaria (Malaya)450. Monaly Reas (Malaya)451. Evangeline de Vera (Malaya)452. Jimmy Calapati (Malaya)453. Gerardine Trillana (Malaya)454. Lito Zulueta (Inquirer)455. Julius Umali (INQ7.net)From Abroad:1. Christopher Warren (Chairperson, International Federation of Journalists)2. Aidan White (General Secretary, IFJ)3. Jacqueline Park (IFJ)4. Emma Walters (IFJ)5. Pi James (IFJ)6. Laxmi Murthy (IFJ)7. Mike Dobbie (IFJ)8. Roby Alampay (Executive Director, Southeast Asian Press Alliance)9. Ashok Malik (Chandigarh Journalists Association, India)10. Sonia Randhawa (Centre for Independent Journalism, Malaysia)11. H.Naranjargal (Globe International)12. D.Munkhburen (Globe International)13. G.Narangarav (Globe International)14. T. Davaahuu (Globe International)15. D.Enkhtuul (Globe International)16. J.Enkhjargal(Globe International)17. Ch.Munkhzul (NTV)18. B.Galaarid (indivudual)19. Byanbajal (Confederation of Mongolian Journalists)20. Sarangerel (CMJ)21. Gerard Noonan (The Sydney Morning Herald, Australia)22. Jim NOlan (Barrister, Australia )23. Alan Kennedy (President, Media Alliance, Australia )24. Ruth Polland (President, Media Alliance NSW Branch , Australia)25. Wesley Chua (Ming Pao Daily, Toronto, Canada )26. Yuko Takei (freelance journalist, Tokyo)27. Jojo Pasion Malig (Committee of Concerned Journalists, Washington D.C./Newslink Services Philippines)28. Yoshi Okuda (freelance journalist/former president of Japan broadcasting labor Union)29. Ati Nurbaiti (The Jakarta Post / Alliance of Independent Journalists)30. Darma Lubis (Freelance journalist, Medan City, North Sumatra)31. Brent Edwards (Chairman, The Print and Media Council of the NZ Engineering, Printing and Manufacturing Union)32. Dr. N.K.Trikha (President, National Union of Journalists or NUJI)33. P. Chaudhuri (Secretary General, NUJI)34. Heru Hendratmoko (President, Alliance of Independent Journalists, Indonesia)35. Abdul Manan (General Secretary, the Alliance of Independent Journalists, Indonesia)36. Khairuzzaman Kamal (Editor, Human Rights News of Bangladesh)37. Dharmasiri Lankapeli (Federation Of Media Employee's Trade Unions)38. Daniel Coronell (Semana Magazine, Columbia)39. Serenade Lai Wan Woo (President, Hong Kong Journalists Association)40. Tien Hsi Ju (President, Association of Taiwan Journalists)41. Liu Kuei Lan (Secretary General, Association of Taiwan Journalists)42. Carol Chou (Journalist, Liberty Times, Taiwan)43. Esong Chiu (Editor, Weekly Department, Taiwan)44. Ho Jung Shin (Senior journalist, China Times,Taiwan)45. Maria Hartiningsih (Kompas, Jakarta, Indonesia)46. Vanitha Nadaraj (The Star, Kuala Lumpur - Malaysia)

posted by jef_eleven @ 6:50 AM 0 comments

Summary Enumeraton of All Human Right

Dear SO 220 Students:

As you will see from the previous posts, you can download the Universal Declaration of HUman Rights (English and Tagalog Versions), the INternational Convention for Economi, Social and Cultural Rights and the INternatinoal Conventin for Civil and Political Rights. These three together is refereed to as the INternational Bill of Rights.

In addition, the following is the enumearation of all the rights from various conventions and declaration. PLEASE STUDY THIS!

SO 220
Human Rights
Class of Justin V. Nicolas
2nd Semester SY 2005-2006

AN ENUMERATION OF THE VARIOUS RIGHTS OIF INDIVIDUALS, GROUPS, AND PEOPLE AS CONTAINED IN MAJOR INTERNATIONAL DECLARATION AND CONVENTIONS ON HUMAN RIGHTS


UNIVERSAL RIGHTS OF THE INDIVIDUAL

CIVIL RIGHTS

Right to life
Right to Liberty
Right to freedom and torture
Right to equality before the law
Right to freedom from discrimination
Right to juridical personality (be recognized as a person before the law)
Right to nationality
Right to (bear and be registered under a) name
Right to due process or the rights to have limitation (derogation) of one’s rights implemented according to procedures prescribed by law
Right to access to court
Right to trial before a competent, impartial and independent judicial authority
Right to public trial
Right to be informed of charges
Right to be presumed innocent
Right to freedom and giving self-incriminating evidence
Right to access to relevant information
Right to (free) legal assistance
Right to choose defense (have legal counsel of one’s choosing)
Right to have adequate time and facilities to prepare defense
Right to defend and be heard in person
Right to communication with defense counsel
Right to the free assistance of an interpreter
Right to equality or arms (to have a reasonable opportunity to present one’s case before the court under conditions which do not place one in disadvantage vis-à-vis one’s opponent)
Right to examination of witness
Right to take proceedings (privilege of the writ of habeas corpus)
Right to effective remedy (to have effective means of redress before authorities in case of violations guaranteed rights and freedoms)
Right to freedom form durable jeopardy
Right to non-retro activity of penalty (freedom from penalty heavier than the one applicable at the time the offense was committed)
Right to appeal or have one’s conviction and sentence reviewed by a higher tribunal
Right to humane treatment (freedom from cruel, degrading or inhuman treatment or punishment)
Right to appropriate treatment as prisoner Right to protection from abuse of authority Right to receive, seek and impart information Right to freedom of conscience and to freely hold opinions (including religious and political beliefs)
Right to security on one’s privacy of home
Right to security in one’s honor and reputation protected Right to liberty or movement (freedom of travel)
Right to freedom of residence
Right to obtain compensation in case of miscarriage of justice
Right not to be subjected to medical or scientific experiments without free consent
Right to marry (including right not to enter into marriage without giving free and full consent)
Right not to be deprived of property arbitrarily
Right to freedom and imprisonment due to debt
Right not to be arbitrarily exiled
Right to enter a country
Right to leave a country
Right to freedom from incitement to discrimination, hatred or violence (to be protected through the prohibition by the state of the head advocacy of national, racial or religious discrimination, hatred or violence)
Right to conscientious objection (objection to perform compulsory military service for reasons of conscience or profound religious, ethical and similar convictions)
Right to alternative service of a civil nature offered as alternative to compulsory military service)

POLITICAL RIGHTS

o Right to freedom of expression (including press freedom)
o Right to freedom of assembly
o Right to freedom of association
o Right to vote
o Right to political participation (to campaign for and/or participate in party politics, etc.)
o Right to free and periodic elections
o Right to equal access to public service (including right to be elected to office)

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Right to work
Right to choice of employment
Right to own property
Right to adequate standards of living
Right to access to education
Right to found a family
Right to respect and protection of the family as the fundamental group unit of society
Right to social security
Right to insurance
Right to social and medical assistance
Right to adequate nutrition
Right to social welfare benefits freedom indispensable for research
Right to enjoyment of scientific advancements
Right to protection of health (such as prevention and control by the state of epidemic diseases)
Right to protection or morals

RIGHTS OF PROTECTED GROUPS

Rights of Workers

Right to equal remuneration (equal pay for equal work)
Right to collective bargaining
Right to appropriate bargaining machinery
Right to form and join trade unions
Right (of trade unions to federate)
Right to strike
Right to paid leave
Right to fair remuneration
Right to limited working hours
Right to weekly rest periods
Right to advance notice of dismissal
Right to equal opportunity for promotion safe and healthy working conditions
Right to join consultations between worker and employers
Right to progressive reduction of working hours (limitation of working hours specifically in proportion to increase of productivity)
Right to sheltered employment
Right to vocational guidance
Right to vocational training

Rights of Women

Right to equal remuneration
Right to equality of the sexes
Right to equality of the spouses
Right to protection from exploitation
Right to maternity leave of pregnant women
Right to freedom from capital punishment of pregnant women

Rights of Children and Juveniles

Right to a name
Right (of children born out of wedlock) to enjoy equal rights as those born in wedlock
Right to access to education (including fee and compulsory elementary education)
Right to free vocational training/apprenticeship
Right (of arrested juveniles) to rehabilitation
Right to freedom from capital punishment
Right to protection from neglect, cruelty and exploitation
Right to protection through a minimum age for employment
Right to opportunity for play and recreation
Right to social services

Rights of Aliens

Right to territorial asylum
Right to freedom from deportation (not to be deported to a country where their right to life or persona freedom is endangered because of their race, nationality, religion, social status or political opinion)
Right to freedom from collective expulsion
Right to family reunion (right to reunite one’s dispersed family)

Rights of Prisoners

Right to be registered as a prisoner
Right to be separated in categories (men should be detained separately from women, untried prisoners from convicted prisoners, persons imprisoned for debt from criminals and young person from adults)
Right to individual accommodation
Right to adequate ventilation, lighting, heating, sanitary facilities and other necessitates for health and hygiene
Right to clothing and bedding
Right to adequate food and water
Right to suitable exercise and sports
Right to medical services
Right to freedom from corporal punishment, and all cruel or degrading punishment
Right to freedom from punishment, including disciplinary measures, except in accordance with law and regulations
Right to present request or complaints to authorities
Right to contact with family and reputable friends (by correspondence and receiving visits)
Right to be regularly informed of news in the outside world
Right to use the prison library
Right to practice religion
Right to retain personal property
Right to protection from public security
Right (of women prisoners) to be attended to by women officers only
Right (of insane and mentally abnormal prisoners) to be removed to mental institutions

Rights of Aging Persons

Right to freedom from capital punishment
Right to social security

Right of Differently-Abled Persons

Right to preferential employment from differently-abled persons
Right to occupational rehabilitation
Right to social resettlement
Rights of Indigenous Peoples

Right to existence
Right to the respect of its national and cultural identity
Right to retain peaceful possession of its territory and to return to it if expelled
Right to self-determination
Right to freedom and genocide
Right to freedom from colonial or foreign domination
Right to freedom from apartheid
Right to democratic government
Right to dispose of natural wealth and resources
Right to participate in international scientific and technical progress
Right to equal and just terms in international trade
Right to culture, such as the right to linguistic and cultural freedom, and the right to its artistic, historical and cultural wealth
Right to the conservation, protection and improvement of their environment
Right to make use of the common heritage of humankind (the high seas, the sea bed, the outer space)
Right to collective enjoyment of rights and freedoms
Right to linguistic and cultural freedoms
Right to freedom from discrimination



Source: Amnesty International (1998). Human Rights Education Learning Package: Trainor’s Manual. (in Teaching Peace, Human Rights and Conflict Resolution)

posted by jef_eleven @ 7:33 AM 0 comments

Universal Declaration of Human Rights

Universal Declaration of Human Rights
Preamble
Whereas 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,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, therefore,
The General Assembly,
Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration, 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.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal 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 the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13
1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.
Article 14
1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17
1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21
1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
2. Everyone has the right to equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27
1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29
1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

posted by jef_eleven @ 7:31 AM 0 comments

Universal Declaration of Human Rights Tagalog Version

Filipino (Tagalog) Version Source: United Nations Department of Public Information

Noong Disyembre 10, 1948, ang Pangkalahatang Kapulungan ng mga Bansang Nagkakaisa ay nagsagawa at nagpahayag ng Pandaigdig na Pahayag ng mga Karapatan ng Tao. Ang buong nilalaman noon ay mababasa sa mga susunod na pahina. Kasunod ng makasaysayang gawaing ito, ang Kapulungan ay nanawagan sa lahat ng mga kagawad ng bansa upang ilathala ang nilalaman ng Pahayag at "upang ito'y palaganapin, itanghal, basahin, at talakayin lalung-lalo na sa mga paaralan at iba pang institusyong edukasyonal, nang walang pagtatangi batay sa kalagayang pulitikal ng mga bansa o mga teritoryo." Pangwakas na Textong May Pahintulot na salin sa Pilipino ng Katipunan ng Bagong Pilipina. Ipinaabot ng Punong Pangkaalaman ng mga Bansang Nagkakaisa para sa Pilipinas ang taus-pusong pasasalamat sa Law Center ng Pamantasan ng Pilipinas na unang naglimbag ng pahayag na ito na salin sa Pilipino. Ipinalimbag ng Punong Pangkaalaman ng mga Bansang Nagkakaisa para sa Pilipinas at ng Kagawaran ng Kabatirang Pangmadla ng mga Bansang Nagkakaisa.
PANDAIGDIG NA PAGPAPAHAYAG NG MGA KARAPATAN NG TAO
PANIMULA
Sapagkat ang pagkilala sa katutubong karangalan at sa pantay at di-maikakait na mga karapatan ng lahat ng nabibilang sa angkan ng tao ay siyang saligan ng kalayaan, katarungan at kapayapaan sa daigdig.
Sapagkat ang pagwawalang-bahala at paglalapastangan sa mga karapatan ng tao ay nagbunga ng mga gawang di-makatao na humamak sa budhi ng sangkatauhan, at ang pagdatal ng isang daigdig na ang mga tao ay magtatamasa ng kalayaan sa pagsasalita at ng kaligtasan sa pangamba at pagdaralita ay ipinahayag na pinakamataas na mithiin ng mga karaniwang tao.
Sapagkat mahalaga, kung ang tao ay di-pipiliting manghawakan bilang huling magagawa, sa paghihimagsik laban sa paniniil at pang-aapi, na ang mga karapatan ng tao'y mapangalagaan sa pamamagitan ng paghahari ng batas.
Sapagkat mahalagang itaguyod ang pagpapaunlad ng mabuting pagsasamahan ng mga bansa.
Sapagkat ang mga mamamayan ng Mga Bansang Nagkakaisa ay nagpatibay sa Karta ng kanilang pananalig sa mga Saligang karapatan ng tao, sa karangalan at kahalagahan ng pagkatao at sa pantay na mga karapatan ng mga lalaki at babae at nagpapasiyang itaguyod ang kaunlarang panlipunan at lalong mabubuting pamantayan ng buhay sa lalong malaking kalayaan.
Sapagkat ang mga Kasaping Estado ay nangako sa kanilang sarili na tamuhin sa pakikipagtulungan sa mga Bansang Nagkakaisa, ang pagtataguyod ng pandaigdig na paggalang at pagtalima sa mga karapatan ng tao at mga saligang kalayaan.
Sapagkat lubhang mahalaga ang pagkakaunawa ng lahat sa mga karapatan at kalayaang ito at lubhang mahalaga sa ganap na pagsasakatuparan ng mga pangakong ito.
Ngayon, Samakatuwid, Ang Pangkalahatang Kapulungan ay nagpapahayag ng Pandaigdig na Pagpapahayag na ito ng mga Karapatan ng Tao
bilang pangkalahatang pamantayang maisasagawa para sa lahat ng tao at bansa, sa layuning ang bawat tao at bawat galamay ng lipunan, na laging nasa isip ang Pahayag na ito, ay magsikap sa pamamagitan ng pagtuturo at edukasyon na maitaguyod ang paggalang sa mga karapatan at kalayaang ito at sa pamamagitan ng mga hakbang na pagsulong na pambansa at pandaigdig, ay makamtan ang pangkalahatan at mabisang pagkilala at pagtalima sa mga ito, maging ng mga mamamayan ng mga Kasaping Estado at ng mga mamamayan ng mga teritoryo na nasa ilalim ng kanilang nasasakupan.
Artikulo 1
Ang lahat ng tao'y isinilang na malaya at pantay-pantay sa karangalan at mga karapatan. Sila'y pinagkalooban ng katwiran at budhi at dapat magpalagayan ang isa't isa sa diwa ng pagkakapatiran.
Artikulo 2
Ang bawat tao'y karapat-dapat sa lahat ng karapatan at kalayaang nakalahad sa Pahayag na ito, nang walang ano mang uri ng pagtatangi, gaya ng lahi, kulay, kasarian, wika, relihiyon, kuro-kurong pampulitika o iba pa, pinagmulang bansa o lipunan, ari-arian, kapanganakan o iba pang katayuan.
Bukod dito, walang pagtatanging gagawin batay sa katayuang pampulitika, hurisdiksiyunal o pandaigdig na kalagayan ng bansa o teritoryong kinabibilangan ng isang tao, maging ito ay nagsasarili, itinitiwala, di-nakapamamahala sa sarili o nasa ilalim ng ano mang katakdaan ng soberanya.
Artikulo 3
Ang bawat tao'y may karapatan sa buhay, kalayaan at kapanatagan ng sarili.
Artikulo 4
Walang sino mang aalipinin o bubusabusin; ipagbabawal ang ano mang anyo ng pang-aalipin at ang pangangalakal ng alipin.
Artikulo 5
Walang sino mang pahihirapan o lalapatan ng malupit,di-makatao o nakalalait na pakikitungo sa parusa.
Artikulo 6
Ang bawat tao'y may karapatang kilalanin saan mang dako bilang isang tao sa harap ng batas.

Artikulo 7
Ang lahat ay pantay-pantay sa harap ng batas at may karapatan sa walang pagtatangi ng pangangalaga ng batas. Ang lahat ay may karapatan sa pantay na pangangalaga laban sa ano mang pagtatangi-tanging nalalabag sa Pahayag na ito at laban sa ano mang pagbubuyo sa gayong pagtatangi-tangi.
Artikulo 8
Ang bawat tao'y may karapatan sa mabisang lunas ng karampatang mga hukumang pambansa tungkol sa mga gawang lumalabag sa pangunahing mga karapatan na ipinagkaloob sa kanya ng saligang batas o ng batas.
Artikulo 9
Walang sino mang ipaiilalim sa di-makatwirang pagdakip, pagpigil o pagpapatapon.
Artikulo 10
Ang bawat tao'y may karapatan sa ganap na pagkakapantay-pantay, sa isang makatarungan at hayag na paglilitis ng isang hukumang malaya at walang kinikilingan, sa pagpapasiya ng kanyang mga karapatan at panangutan at sa ano mang paratang na kriminal laban sa kanya.
Artikulo 11
1. Ang bawat taong pinararatangan ng pagkakasalang pinarurusahan ay may karapatang ituring na walang-sala hanggang di-napatutunayang nagkasala alinsunod sa batas sa isang hayag na paglilitis na ipinagkaroon niya ng lahat ng garantiyang kailangan sa kanyang pagtatanggol.
2. Walang taong ituturing na nagkasala ng pagkakasalang pinarurusahan dahil sa ano mang gawa o pagkukulang na hindi isang pagkakasalang pinarurusahan, sa ilalim ng batas pambansa o pandaigdig, noong panahong ginawa iyon. Hindi rin ipapataw ang parusang lalong mabigat kaysa nararapat nang panahong magawa ang pagkakasalang pinarurusahan.
Artikulo 12
Walang taong isasailalim sa di-makatwirang panghihimasok sa kanyang pananhimik, pamilya, tahanan o pakikipagsulatang ni sa tuligsa sa kanyang karangalan at mabuting pangalan. Ang bawat tao'y may karapatan sa pangangalaga ng batas laban sa gayong mga panghihimasok o tuligsa.
Artikulo 13
1. Ang bawat tao'y may karapatan sa kalayaan ng pagkilos at paninirahan sa loob ng mga hanggahan ng bawat estado.
2. Ang bawat tao'y may karapatang umalis sa alin mang bansa, pati na sa kanyang sarili, at bumalik sa kanyang bansa.

Artikulo 14
1. Ang bawat tao'y may karapatang humanap at magtamasa sa ibang bansa ng pagpapakupkop laban sa pag-uusig.
2. Ang karapatang ito'y hindi mahihingi sa mga pag-uusig na tunay na nagbubuhat sa mga pagkakasalang di-pampulitika o sa mga gawang nasasalungat sa mga layunin at simulain ng mga Bansang Nagkakaisa.
Artikulo 15
1. Ang bawat tao'y may karapatan sa isang pagkamamamayan.
2. Walang sino mang aalisan ng kanyang pagkamamamayan ng walang katwiran ni pagkakaitan ng karapatang magpalit ng kanyang pagkamamamayan.
Artikulo 16
1. Ang mga lalaki't babaeng may sapat na gulang ay may karapatang mag-asawa at magpamilya nang walang ano mang pagtatakda dahil sa lahi, bansang kinabibilangan o relihiyon. Nararapat sila sa pantay-pantay na karapatan sa pag-aasawa, sa panahong may asawa at pagpapawalang bisa nito.
2. Ang pag-aasawa'y papasukan lamang sa pamamagitan ng malaya at lubos na pagsang-ayon ng mga nagbabalak magkapangasawahan.
3. Ang pamilya ay likas at pangunahing pangkat sa sangay ng lipunan at karapat-dapat sa pangangalaga ng lipunan at ng Estado.
Artikulo 17
1. Ang bawat tao'y may karapatang mag-angkin ng ari-arian nang mag-isa gayon din na kasama ng iba.
2. Walang sino mang aalisan ng kanyang ari-arian nang walang katwiran.
Artikulo 18
Ang bawat tao'y may karapatan sa kalayaan ng pag-iisip, budhi at relihiyon; kasama sa karapatang ito ang kalayaang magpalit ng kanyang relihiyon o paniniwala maging nag-iisa o kasama ang iba sa pamayanan upang ipakilala ang kanyang relihiyon o paniniwala sa pagtuturo, pagsasagawa,pagsamba at pagtalima.
Artikulo 19
Ang bawat tao'y may karapatan sa kalayaan ng pagkukuro at pagpapahayag; kasama ng karapatang ito ang kalayaan at kuru-kuro nang walang panghihimasok at humanap, tumanggap at magbigay ng impormasyon at kaisipan sa pamamagitan ng alin mang paraan ng pagkakalat at walang pagsasaalang-alang ng mga hanggahan.
Artikulo 20
1. Ang bawat tao'y may karapatan sa kalayaan sa mapayapang pagpupulong at pagsasamahan.
2. Walang sino mang pipiliting sumapi sa isang kapisanan.
Artikulo 21
1. Ang bawat tao'y may karapatang makilahok sa pamahalaan ng kanyang bansa, sa tuwiran o sa pamamagitan ng mga kinatawang malayang pinili.
2. Ang bawat tao'y may karapatan sa pantay na pagpasok sa paglilingkod pambayan ng kanyang bansa.
3. Ang kalooban ng bayan ang magiging saligan ng kapangyarihan ng pamahalaan; ang kaloobang ito'y ipahahayag sa tunay na mga halalan sa pana-panahon sa pamamagitan ng pangkalahatan at pantay-pantay na paghahalal at idaraos sa pamamagitan ng lihim na balota o sa katumbas na pamamaraan ng malayang pagboto.
Artikulo 22
Ang bawat tao, bilang kasapi ng lipunan, ay may karapatan sa kapanatagang panlipunan at nararapat na makinabang sa pamamagitan ng pambansang pagsisikap at pakikipagtulungang pandaigdig at alinsunod sa pagkakabuo at mga mapagkukunan ng bawat Estado, sa mga karapatang pangkabuhayan, panlipunan at pangkalinangan na lubhang kailangan para sa kanyang karangalan at sa malayang pagpapaunlad ng kanyang pagkatao.
Artikulo 23
1. Ang bawat tao'y may karapatan sa paggawa, sa malayang pagpili ng mapapasukang hanapbuhay, sa makatarungan at kanais-nais na mga kalagayan sa paggawa at sa pangangalaga laban sa kawalang mapapasukang hanap-buhay.
2. Ang bawat tao'y may karapatan sa kapantay na bayad ng kapantay na gawain, nang walang ano mang pagtatangi.
3. Ang bawat taong gumagawa ay may karapatan sa makatarungan at nababatay sa kabayarang tumitiyak sa kanyang sarili at sa kanyang pamilya ng kabuhayang karapat-dapat sa karangalan ng isang tao, at pupunan, kung kailangan, ng iba pang paraan ng pangangalangang panlipunan.
4. Ang bawat tao'y may karapatang magtatag at umanib sa mga unyon ng manggagawa para sa pangangalaga ng kanyang mga kapakanan.
Artikulo 24
Ang bawat tao'y may karapatan sa pamamahinga at paglilibang, kasama ang mga makatwirang pagtatakda ng mga oras ng paggawa at may sahod sa mga pana-panahong pista opisyal.
Artikulo 25
1. Ang bawat tao'y may karapatan sa isang pamantayan ng pamumuhay na sapat para sa kalusugan at kagalingan ng kanyang sarili at ng kanyang pamilya, kasama na ang pagkain, pananamit, paninirahan at pagpapagamot at kinakailangang mga paglilingkod panlipunan, at ng karapatan sa kapanatagan sa panahong walang gawain, pagkakasakit, pagkabalda, pagkabalo, katandaan at iba pang kakapusan sa ikabubuhay sa mga di-maiiwasang pangyayari.
2. Ang pagkaina at pagkabata ay nararapat sa tanging kalinga at tulong. Ang lahat ng bata, maging anak na lehitimo o di-lehitimo, ay magtatamasa ng gayon ding pangangalagang panlipunan.
Artikulo 26
1. Ang bawat tao'y may karapatan sa edukasyon. Ang edukasyon ay walang bayad, doon man lamang sa elementarya at pangunahing antas. Ang edukasyong elementarya ay magiging sapilitan. Ang edukasyong teknikal at propesyonal ay gagawing maabot ng lahat at ang lalong mataas na edukasyon ay ipagkakaloob nang pantay-pantay sa lahat batay sa pagiging karapat-dapat.
2. Ang edukasyon ay itutungo sa ganap na pagpapaunlad ng pagkatao at sa pagpapalakas ng paggalang sa mga karapatan ng tao at mga pangunahing kalayaan. Itataguyod nito ang pagkakaunawaan, pagbibigayan, at pagkakaibigan ng lahat ng bansa, mga pangkat na panlahi o panrelihiyon, at palawakin ang mga gawain ng mga Bansang Nagkakaisa sa ikapapanatili ng kapayapaan.
3. Ang mga magulang ay may pangunahing karapatang pumili ng uri ng edukasyong ipagkaloob sa kanilang mga anak.
Artikulo 27
1. Ang bawat tao'y may karapatang makilahok nang malaya sa buhay pangkalinangan ng pamayanan, upang tamasahin ang mga sining at makihati sa mga kaunlaran sa siyensiya at sa mga pakinabang dito.
2. Ang bawat tao'y may karapatan sa pangangalaga ng mga kapakanang moral at materyal bunga ng alin mang produksiyong pang-agham, pampanitikan o pansining na siya ang may-akda.
Artikulo 28
Ang bawat tao'y may karapatan sa kaayusang panlipunan at pandaigdig na ang mga karapatan at mga kalayaang itinakda sa Pahayag na ito ay ganap na maisasakatuparan.
Artikulo 29
1. Ang bawat tao'y may mga tungkulin sa pamayanan sa ikaaari lamang ng malaya at ganap na pagkaunlad ng kanyang pagkatao.
2. Sa paggamit ng kanyang mga karapatan at mga kalayaan, ang bawat tao'y masasaklaw lamang ng mga katakdaan gaya ng ipinapasya ng batas ng tanging sa layunin lamang ng pagtatamo ng kaukulang pagkilala at paggalang sa mga karapatan at mga kalayaan ng iba at sa pagtugon sa makatarungang kahilingan ng moralidad, kaayusang pambayan at ng pangkalahatang kagalingan sa isang demokratikong lipunan.
3. Ang mga karapatan at kalayaang ito ay hindi magagamit sa ano mang pangyayari nang nasasalungat sa mga layunin at mga simulain ng Mga Bansang Nagkakaisa.

Artikulo 30
Walang bagay sa Pahayag na ito na mapapakahulugan ang nagbibigay sa alin mang Estado, pangkat o tao ng ano mang karapatang gumawa ng ano mang kilusan o magsagawa ng ano mang hakbang na naglalayong sirain ang nakalahad dito.

posted by jef_eleven @ 7:29 AM 0 comments

International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession byGeneral Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49

Preamble
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:
PART I
Article 1 General comment on its implementation
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.
PART II
Article 2 General comment on its implementation
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 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.
Article 3 General comment on its implementation
The States 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. General comment on its implementation
Article 4 General comment on its implementation
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 I 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.General comment on its implementation
Article 5
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.
PART III
Article 6 General comment on its implementation
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 judgement 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.
Article 7 General comment on its implementation
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.
Article 8
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 subparagraph (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;
(iv) Any work or service which forms part of normal civil obligations.
Article 9 General comment on its implementation
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure 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 judgement.
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order 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.
Article 10 General comment on its implementation
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.
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.
Article 12 General comment on its implementation
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 (ordre public), 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.
Article 13
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.
Article 14 General comment on its implementation
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 (ordre public) 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 judgement 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;
(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 the 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.
Article 15
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.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17 General comment on its implementation
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.
Article 18 General comment on its implementation
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 religious and moral education of their children in conformity with their own convictions.
Article 19 General comment on its implementation
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;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Article 20 General comment on its implementation
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.
Article 21
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.
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade 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 Organisation 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.
Article 23 General comment on its implementation
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.
Article 24 General comment on its implementation
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.
Article 25 General comment on its implementation
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;
(c) To have access, on general terms of equality, to public service in his country.
Article 26
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.
Article 27 General comment on its implementation
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.
PART IV
Article 28
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.
Article 29
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.
Article 30
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 States 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 States 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 States 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 States 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.
Article 31
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.
Article 32
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.
Article 33
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.
Article 34
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. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of 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.
Article 35
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.
Article 36
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.
Article 37
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.
Article 38
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.
Article 39
1. The Committee shall elect its officers for a term of two years. They may be re-elected.
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.
Article 40
1. The States Parties to the present Covenant undertake to submit reports 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 factors and difficulties, if any, affecting the implementation of the present Covenant.
3. The Secretary-General of the United Nations may, after consultation 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.
Article 41 General comment on its implementation
1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:
(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;
(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;
(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;
(d) The Committee shall hold closed meetings when examining communications under this article;
(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;
(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;
(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;
(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:
(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;
(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.
2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 42
1.
(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;
(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.
2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.
3. The Commission shall elect its own Chairman and adopt its own rules of procedure.
4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.
5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.
6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information. 7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:
(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;
(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;
(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;
(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.
8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.
9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.
10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.
Article 43
The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
Article 44
The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.
Article 45
The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.
PART V
Article 46 .
Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.
Article 47
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.
PART VI
Article 48
1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.
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 this Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 49
1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.
Article 50
The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.
Article 51
1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. 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 Covenant 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 Covenant and any earlier amendment which they have accepted.
Article 52
Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 48;
(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.
Article 53
1. The present Covenant, 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 Covenant to all States referred to in article 48.
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm

Optional Protocol to the International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession byGeneral Assembly resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 9
status of ratifications declarations and reservations
The States Parties to the present Protocol,
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.
http://www.unhchr.ch/html/menu3/b/a_opt.htm

Second Optional Protocol to the International Covenanton Civil and Political Rights, aiming at the abolition of the death penalty
Adopted and proclaimed by General Assembly resolution 44/128 of 15 December 1989
status of ratifications declarations and reservations
The States Parties to the present Protocol,
Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,
Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,
Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,
Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,
Desirous to undertake hereby an international commitment to abolish the death penalty,
Have agreed as follows:
Article 1
1. No one within the jurisdiction of a State Party to the present Protocol shall be executed.
2. Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.
Article 2
1. No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.
2. The State Party making such a reservation shall at the time of ratification or accession communicate to the Secretary-General of the United Nations the relevant provisions of its national legislation applicable during wartime.
3. The State Party having made such a reservation shall notify the Secretary-General of the United Nations of any beginning or ending of a state of war applicable to its territory.
Article 3
The States Parties to the present Protocol shall include in the reports they submit to the Human Rights Committee, in accordance with article 40 of the Covenant, information on the measures that they have adopted to give effect to the present Protocol.
Article 4
With respect to the States Parties to the Covenant that have made a declaration under article 41, the competence of the Human Rights Committee to receive and consider communications when a State Party claims that another State Party is not fulfilling its obligations shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
Article 5
With respect to the States Parties to the first Optional Protocol to the International Covenant on Civil and Political Rights adopted on 16 December 1966, the competence of the Human Rights Committee to receive and consider communications from individuals subject to its jurisdiction shall extend to the provisions of the present Protocol, unless the State Party concerned has made a statement to the contrary at the moment of ratification or accession.
Article 6
1. The provisions of the present Protocol shall apply as additional provisions to the Covenant.
2. Without prejudice to the possibility of a reservation under article 2 of the present Protocol, the right guaranteed in article 1, paragraph 1, of the present Protocol shall not be subject to any derogation under article 4 of the Covenant.
Article 7
1. The present Protocol is open for signature by any State that has signed the Covenant. 2. The present Protocol is subject to ratification by any State that has ratified the Covenant or acceded to it. 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 that has ratified the Covenant or acceded to it.
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 that have signed the present Protocol or acceded to it of the deposit of each instrument of ratification or accession.
Article 8
1. 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 accession.
2. For each State ratifying the present Protocol or acceding to it after the deposit of the tenth instrument of ratification or accession, the present Protocol shall enter into force three months after the date of the deposit of its own instrument of ratification or accession.
Article 9
The provisions of the present Protocol shall extend to all parts of federal States without any limitations or exceptions.
Article 10
The Secretary-General of the United Nations shall inform all States referred to in article 48, paragraph 1, of the Covenant of the following particulars:
(a) Reservations, communications and notifications under article 2 of the present Protocol;
(b) Statements made under articles 4 or 5 of the present Protocol;
(c) Signatures, ratifications and accessions under article 7 of the present Protocol:
(d) The date of the entry into force of the present Protocol under article 8 thereof.
Article 11
1. The present Protocol, of which the Arabic, 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.

posted by jef_eleven @ 7:25 AM 0 comments