WHAT IS THE INTERNATIONAL COVENANT ON CIVIL & POLITICAL RIGHTS?

1. THE HISTORY OF THE COVENANT.  This part just for reading.  We must know that, the covenant lasted eighteen years in drafting & negotiation, and came intoforce in 1976 after achieving 35 ratifications.  The 1 st Optional Protocol – to enable the Human Rights Committee – was approved in1966 & entered intoforce in  The 2ed Optional Protocol for abolishing the death penalty achieved in 1991.

2. THE GENERAL PROVISIONS OF THE COVENANT.

GENERAL COMMENT.

 We should notice that, both covenants of the United Nations are sharing the same opening statement, by the way of sharing the first two parts; in accordance with the General Assembly ( GA ) decision on the Right of Self- determination.  Article 1. reads : 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.

 It's clear that, this right is stated as one which exists and is for immediate application.  So we have a question here:  What do we mean by saying, all peoples have the right of self- determination?

THE AUTHOR VIEW ON SELF- DETERMINATION.  1. The right of self-determination is including the peoples right to dispose of their natural resources.  This right came in accordance with the political philosophy of the General Assembly.  Shifting the philosophy to legal obligation founded a number of problems:  1. Self-determination is a collective right & not an individual right.  2. The right is belonging to (all people), so what about the right of a particular group of a state? What constitutes a people?  3. what are the consequences of possessing this right? Dose it mean having the right of full independence.

HOW TO REPLY!

THE DEFINITION OF SELF-DETERMINATION IN INTERNATIONAL LAW.

 Self determination (international law)  Self-determination denotes the legal right of people to decide their own destiny in the international order. Self-determination is a core principle of international law, arising from customary international law, but also recognized as a general principle of law, and enshrined in a number of international treaties. For instance, self-determination is protected in the United Nations Charter and the International Covenant on Civil and Political Rights as a right of “all peoples.”  The scope and purpose of the principle of self-determination has evolved significantly in the 20th century. In the early 1900’s, international support grew for the right of all people to self-determination. This led to successful secessionist movements during and after WWI, WWII and laid the groundwork for decolonization in the 1960s.  Contemporary notions of self-determination usually distinguish between “internal” and “external” self-determination, suggesting that "self- determination" exists on a spectrum. Internal self-determination may refer to various political and social rights; by contrast, external self-determination refers to full legal independence/secession for the given 'people' from the larger politico-legal state.

 It is clear to say :  1. The author himself stated that, the principle of self- determination had begun as a philosophical principle and turned to a legal one specially after the establishment of the UN, its role and all the conventions which supported that right.  2. It is correct that it’s a collective right of ( all peoples) as defined in International Law, and that has no contradiction with the right of minorities which is protected by the Covenant and other treaties.  3. from the question ‘who is the people’ to ‘who belongs to the people’. The latter question reveals the link between the collective right to self-determination and the involved right of the individual. In other words, the collective composition of the people and the individual right to vote in order to co-determine its collective destiny are simply two sides of the same coin.

PART II. OF THE COVENANT.  Arts. 2-5 ( Part II ) of the Covenant came to respect and secure the rights which are following in ( Part III ). This obligation with immediate nature, but if a state can not accept all the given obligations immediately according to art. 2, it can take the necessary steps within a time limit during the negotiations to apply those obligations.  So the author assumed that, this point is a weakness of the Covenant.  Also we can notice that, Para. 1 of Art. 2 is a non-discrimination clause, and Para.3 provided the remedy for anyone whose rights are violated.  Art. 3 Had focused on the equality between men and women before these rights.  Art. 4 Founded the principle of the possibility of derogation in public emergencies as it is provided in the provisions.  Art. 5 explained its refusal for any wrong interpreted to limit the rights or freedoms which had been specified in the covenant.

3. THE RIGHTS PROTECTED.

Among the rights of individuals guaranteed by the Covenant are:  Article 6 The right to life and survival.  Article 7 The freedom from inhuman or degrading treatment or punishment.  Article 8 The freedom from slavery and servitude.  Article 9 The right to liberty and security of the person and freedom from arbitrary arrest or detention.  Article 10 The right of detained persons to be treated with humanity.  Article 11 The freedom from prison due to debt.  Article 12 The right to liberty and freedom of movement.

 Article 14 The right to equality before the law; the right to be presumed innocent until proven guilty and to have a fair and public hearing by an impartial tribunal.  Article 16 The right to be recognized as a person before the law.  Article 17 The right privacy and its protection by the law.  Article 18 The freedom of thought, conscience and religion.  Article 19 The freedom of opinion and expression.  Article 20 Prohibition of propaganda advocating war or national, racial or religious hatred.  Article 21 The right to peaceful assembly.

 Article 22 The right to freedom of association.  Article 23 The right to marry and found a family.  Article 24 The rights for children (status as minors, nationality, registration and name).  Article 25 The right to participate in the conduct of public affairs, to vote and to be elected and access to public service.  Article 26 The right to equality before the law and equal protection.  Article 27 The right, for members of religious, ethnic or linguistic minorities, to enjoy their culture, practice their religion and use their language.

IMPORTANT TO NOTICE.  The Covenant vs. the International Declaration.  The Covenant contains more rights than the Declaration.  The rights are generally defined in greater details.  Others were not included in the Declaration; Arts. 10, 11, 20, 24, 27.  The right of property had mentioned in art. 17 in the Declaration but not in the Covenant because no agreement had been reached about the definition.  Finally, two general points should be made:  1. not only the protected rights are more but also the definitions given are border.  2. some provisions are so general to make their interpretation task more difficult.