Sie sind auf Seite 1von 2


Article 2(2) of ICCPR provides that State Parties should adopt laws and
other measures to give effect to the provisions of the Convention in their own
jurisdiction. They are obliged to undertake measures to ensure that the rights
of people are respected and provide for procedures for violation of such. For
every 5 years, they are also required to submit reports to the Human Rights
Committee for review, on measures used to adopt and give effect to the rights
enshrined in the ICCPR pursuant to Article 40.1The reports should indicate
measures adopted to give the effect to rights in the Covenant. It should also
indicate the factors and difficulties affecting the implementation of those
rights. The Committee expects the States Parties to indicate in their reports
the manner in which human rights knowledge is promoted at every level of
society within that State.2

For violations of the ICCPR, the Human Rights Bodies provides for the
Complaint Procedures. The First Optional Protocol allows private individuals,
who are victims of human rights violation, to be heard by the Human Right
Committee.3 the ability of individuals to assert their right in the international
arena brings real meaning to the rights contained in the treaties on Human
Right. Nevertheless, it should be noted that the Committee is not a court; it
does not issue judgments. It can only issue views which are published with the
Committee's Annual Report, but it has no means to enforce any views. 4 A
State Party who claims that another State Party is not fulfilling its obligations
to implement ICCPR may also make written submissions to the Committee for
consideration.5 Also, non-governmental organizations may also participate in
ensuring that values under the ICCPR are protected by submitting shadow
reports and highlight areas for consideration6

For individual complaint, anyone who is a victim of human rights violation

can lodge a complaint with a Committee against a State: 1. who is party to
the ICCPR providing for the rights which have allegedly been violated; 2. that
accepted the Committees competence to examine individual complaints,
either through ratification or accession to an Optional Protocol. Third parties
may also file complaint on behalf of individuals as long as they give their
written consent. However, there are instances where written consent is
necessary as to when the victim is in prison whom they cannot contact.

In addition, the following must be observed for an individual complaint to

1. It may only be taken by an individual who claims to be a
victim of violations of the rights guaranteed under the ICCPR
1 Article 19, Defending Freedom of Information and of the Press, Available at:

2 International Covenant on Civil and Political Rights, Available at:

3 Canadian Civil Liberties Association, Available at:


4 International Covenant on Civil and Political Rights, Available at:

5 Id

6 Id
2. The alleged victim must have been subject to the
jurisdiction of the State Party at the time of the alleged
3. The alleged violation must be of rights in the Covenant;
4. The alleged violation must have occurred after the State
Party acceded both to the Covenant and to the Optional
5. The State Party must not have contracted out of the specific
provisions by means of a reservation or by a declaration
under article 4;
6. Cases may only be taken against a States Party. It is
necessary to indicate culpability on the part of the State;
7. Cases may not be taken which are subject to consideration
by another redress mechanism; and
8. All relevant domestic redress procedures must have been
exhausted. This requirement is waived if it can be shown
that the pursuit of the local remedy would be ineffective.7

If determined admissible, the Committee would hear the views of the

individual and the state and provide for a suggestion for reparation, if there is
indeed violation.

As for Inter-State Complaints regarding ICCPR, an ad hoc conciliation

commission can be establish for the resolution of the disputed among the
States. The procedure applies only to States parties to the ICCPR which have
made a declaration accepting the competence of the relevant Committees in
this regard.

7 Id