Section 56p. 56

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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

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.

© Compiled by RGL

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