Optional protocol to International

Covenant on civil and political rights

 Purpose-
In order to achieve the purposes of the covenant on civil
and political rights and the implementation of its
provisions it would be appropriate to enable the HR
committee to receive and consider the claims as to these
rights.
Optional protocol to International
Covenant on civil and political rights
 Provisions-
 A state party to the covenant that becomes a party to the
present protocol recognizes the competence of the
committee to receive and consider communication from
individuals subject to its jurisdiction who claim to be
victims of the covenant of the human rights.
 No communication shall be received by the committee if it
concerns a state party to the covenant and that state party is
not a signatory of present protocol.
Optional protocol to International Covenant on
civil and political rights
 Conditions-
1. The domestic remedies should be exhausted.
2. The complaint should not be anomalous.
3. Within 6 months written submission shall be submitted
to the committee.
 Procedure-
Committee shall not consider any communication from
an individual unless it has asserted that –
1. The same matter is not being examined under another
procedure of the investigation or settlement.
Optional protocol to International
Covenant on civil and political rights
2. The individual has exhausted all available domestic
remedies. This shall not be the rule where the application of
the remedies are unreasonably prolonged
3. The committee shall hold close meetings when examining
communications.
4. The committee shall forward its view to the state party
concerned and to the individual.
The protocol is open for signature for all the states who
have signed the convention. The present protocol shall be in
Chinese, English, French, Russian, Spanish text and are
equally authentic.