United States filed a statement in the report of the Commission calling attention to the desirability of including such an article.

REPORTS CONCERNING ECONOMIC, SOCIAL, AND CULTURAL RIGHTS

The Commission drafted a new part V to provide that states ratifying the covenant would submit reports concerning progress made in achieving the observance of economic, social, and cultural rights. At the same time, article 60 provides that these reports would be submitted in conformity with the recommendations of the Economic and Social Council and the General Assembly in the exercise of their general responsibility calling upon all members of the United Nations to provide such reports.

There was strong sentiment in the Commission that all members of the United Nations should be called upon to submit these reports, whether or not they ratified the Covenant on Human Rights. It was recognized of course that only states ratifying the covenant could be obligated under the covenant to furnish these reports and that other members of the United Nations would not be under a similar obligation to do so. It was felt, however, that since it was being provided in the covenant that the reports would be considered by the United Nations, all members of the United Nations should be requested to submit the reports by the adoption of recommendations to this effect by the Economic and. Social Council and the General Assembly.

Provision is made that reports concerning progress made in achieving the observance of the economic, social, and cultural rights would be submitted by states in accordance with a program to be established by the Economic and Social Council after consultation with these states and the specialized agencies concerned. It is contemplated that reports would be made to the specialized agencies as well as to the United Nations. Reports made by states through the specialized agencies and directly to the United Nations would be transmitted by the Economic and Social Council to the Commission on Human Rights for study and recommendations. The Commission would submit recommendations to the Council and the Council in turn would submit reports to the General Assembly indicating the progress made by states in achieving the observance of the economic, social, and cultural rights.

IMPLEMENTATION OF CIVIL AND POLITICAL RIGHTS

The U. S. S. R. as usual proposed that all implementation machinery be omitted from the covenant. In the opinion of the Soviet delegation, these provisions should be omitted "on the grounds that they envisage forms of control in implementing the draft Covenant on Human Rights which constitute an attempt to intervene in the internal affairs of States and violate their sovereignty." This Soviet proposal was rejected by the Commission by a vote of 2-15, with 1 abstention.

As pointed out earlier, the Commission rejected the inclusion of a provision in the covenant to extend the right of complaint to individuals, groups, and organizations. This proposal was rejected by a vote of 7-10, with 1 abstention. The seven countries voting in favor of this proposal were Chile, Egypt, Guatemala, India, Lebanon, Sweden, and Uruguay. The 10 countries voting against this proposal were Australia, China, France, Greece, Pakistan, Ukraine, U. S. S. R., United Kingdom, United States, and Yugoslavia. Denmark abstained. Guatemala proposed that a provision be included in the covenant referring to other international instruments authorizing complaints to be filed by individuals, groups, and organizations. This proposal was also rejected by a vote of 7-9, with 1 abstention.

The countries voting against and abstaining on the question of including provisions in the covenant to extend the right of complaint to individuals, groups, and organizations expressed the view that such provisions should be set forth in a separate protocol or protocols for separate ratification, except the U. S. S. R. and the Ukraine, who were against the drafting of any such provisions in any international instruments. The Commission intended to proceed with the drafting of a protocol or protocols authorizing individuals, groups, and organizations to file complaints of alleged violations of the covenant, but did not have adequate time to do so at its 1951 session. These protocols may be considered by the General Assembly at its 1951 session or by the Commission on Human Rights at its 1952 session.

In reviewing the provisions of the draft covenant providing for the establishment of a Human Rights Committee to receive complaints from states with

respect to alleged violations of the civil and political rights in the covenant, the Commission decided to increase the membership of this Committee from 7 to 9 members. In addition, the Commission decided that the Committee should be elected by the International Court of Justice instead of by states parties to the covenant. It was felt that this method of election would tend to make the Committee a more impartial body. It was agreed, however, that the Court would elect members only from a list of persons nominated by states parties to the covenant. The nonjudicial character of the Human Rights Committee was stressed in a revision of article 33 to provide that consideration should be given in the composition of the Committee "to the usefulness of the participation of some persons having judicial or legal experience."

This provision indicates that it is not contemplated that all the members of the Committee will be persons with judicial or legal experience.

Provision is made that the Human Rights Committee will meet at the permanent headquarters of the United Nations at New York or Geneva. The jurisdiction of the Committee was restricted by the adoption of article 53 which provides that the Committee will not deal with any matter (1) for which an organ or a specialized agency of the United Nations competent to do so has established. a special procedure or (2) with which the International Court of Justice is seized. Article 54 was retained without change to provide that normally the Human Rights Committee will deal with a matter referred to it only if available domestic remedies have been invoked and exhausted in the case.

Article 56 was added to authorize the Human Rights Committee to recommend to the Economic and Social Council that the Council request the International Court of Justice to give an advisory opinion on any legal question connected with a matter with which the Committee is seized. This provision also stresses the nonlegal character of the Human Rights Committee.

Under article 57, the Committee is authorized to ascertain the facts in each case referred to it and to make its good offices available to the states concerned with a view to a friendly solution of the matter on the basis of respect for human rights as recognized in the covenant. The Committee will in each case prepare a report to be sent to the states concerned and to the Secretary-General of the United Nations for publication.

FEDERAL STATE ARTICLE

The Commission on Human Rights had been requested by the General Assembly to study a federal state article and to prepare, for the consideration of the 1951 session of the General Assembly, recommendations which would have as their purpose "securing the maximum extension of the Covenant to the constituent units of Federal States" and at the same time meeting the constitutional problems of federal states. The Commission did not have sufficient time at its 1951 session to study or make such recommendations. Accordingly, the preparation of a federal state article was postponed. The United States, during the discussion of the economic, social, and cultural provisions, pointed out that, in its view, the federal state article should be applicable to these provisions as well as to the civil and political provisions in the covenant. Under the language proposed by the United States, the obligations undertaken under the covenant by a federal state such as the United States would be limited to matters which are determined in accordance with the constitutional processes of the United States to be appropriate for federal action.

DRAFT INTERNATIONAL COVENANT ON HUMAN RIGHTS

[As revised at the seventh session of the United Nations Commission on Human Rights, April-May 1951. The Commission at this session drafted the provisions on economic, social and cultural rights in part III and the implementation provisions in part V and revised the implementation machinery in part IV. Due to the lack of time, the Commission did not consider or make any changes in parts I, II, and VI except with respect to article 72. This draft will be considered by the United Nations Economic and Social Council at its thirteenth session, JulySeptember 1951.]

The States Parties hereto,

Preamble

CONSIDERING the obligation under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, BEARING IN MIND the Universal Declaration of Human Rights,

RECOGNIZING that the rights and freedoms recognized in this Covenant flow from the inherent dignity of the human person.

By this Covenant agree upon the following articles with respect to these rights and freedoms.

PART I
Article 1

[This article 1 was initially drafted by the Commission to be applicable only to the articles on civil and political rights in part II. The discussions in the April-May 1951 session of the Commission indicated that the Commission did not intend to have this article applicable to the articles on economic and social rights in part III, except possibly the nondiscrimination provisions of paragraph 1. Due to the lack of time at its April-May 1951 session, however, the Commission did not have an opportunity to clarify these matters by appropriate revisions in this article.].

1. Each State Party hereto undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in this Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, natonal or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of this Covenant, to adopt within a reasonable time such legislative or other measures as may be necessary to give effect to the rights recognized in this Covenant.

3. Each State Party hereto undertakes to ensure:

(a) 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) That any person claiming such a remedy shall have his right thereto determined by competent authorities, political, administrative or judicial; (c) That the competent authorities shall enforce such remedies when granted.

Article 2

1. In the case of a state of emergency officially proclaimed by the authorities or in the case of public disaster, a State may take measures derogating, to the extent strictly limited by the exigencies of the situation, from its obligations under article 1, paragraph 1 and Part II of this Covenant.

2. No derogation from articles 3, 4, 5 (paragraphs 1 and 2), 7, 11, 12 and 13 may be made under this provision. No derogation which is otherwise incompatible with international law may be made by a State under this provision.

3. Any State Party hereto availing itself of the right of derogation shall inform immediately the other States Parties to the Covenant, through the intermediary of the Secretary-General, of the provisions from which it has derogated and the date on which it has terminated such derogation.

[Civil and Political Rights]

PART II

Article 3

1. Everyone's right to life shall be protected by law.

2. To take life shall be a crime, save in the execution of a sentence of a court, or in self-defense, or in the case of enforcement measures authorized by the Charter.

3. In countries where capital punishment exists, sentence of death may be imposed only as a penalty for the most serious crimes, pursuant to the sentence of a competent court and in accordance with law not contrary to the Universal Declaration of Human Rights.

4. Anyone sentenced to death shall have the right to seek amnesty, or pardon, or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

Article 4

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected against his will to medical or scientific experimentation involving risk, where such is not required by his state of physical or mental health.

Article 5

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) The preceding sub-paragraph 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 pursuant 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, other than work performed in pursuance of a sentence of "hard labour" required to be done in the course of detention in consequence of a lawful order of a court;

(ii) Any service of a military character or, in the case of conscientious objectors, in countries where they are recognized, service exacted in virtue of laws requiring compulsory national service;

(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 6

1. No one shall be subjected to arbitrary arrest or detention.

2. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law.

3. 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. 4. 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. Pending trial, detention shall not be the general rule, but release may be subject to guarantees to appear for trial.

5. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided without delay by a court and his release ordered if the detention is not lawful. 6. Anyone who has been the victim of unlawful arrest or deprivation of liberty shall have an enforceable right to compensation.

Article 7

No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.

Article 8

1. Subject to any general law, consistent with the rights recognized in this Covenant:

(a) Everyone legally within the territory of a State shall, within that territory, have the right to (i) liberty of movement and (ii) freedom to choose his residence;

(b) Everyone shall be free to leave any country including his own.

2. (a) No one shall be subjected to arbitrary exile;

(b) Subject to the preceding sub-paragraph, anyone shall be free to enter the country of which he is a national.

Article 9

No alien legally admitted to the territory of a State shall be expelled therefrom except on established legal grounds and according to procedure and safeguards which shall in all cases be provided by law.

Article 10

1. 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 an independent and impartial tribunal established by law. The Press and public may be excluded from all or part of a trial for reasons of morals, public order or national security or where the interest of juveniles so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interest of justice; but the judgment shall be pronounced publicly except where the interest of juveniles otherwise requires.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 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 of the nature and cause of the accusation against him;

(b) 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 where he does not have sufficient means to pay for it;

(c) To examine, or have examined, the witnesses against him and to obtain compulsory attendance of witnesses in his behalf who are within the jurisdiction and subject to the process of the tribunal;

(d) To have the free assistance of an interpreter if he cannot understanđ or speak the language used in court;

(e) In the case of juveniles, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 3. In any case where by a final decision a person has been convicted of a criminal offence and where subsequently 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. This compensation shall be awarded to the heirs of a person executed by virtue of an erroneous sentence.

Article 11

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 a lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for the commission of any act which, at the time when it was committed, was criminal according to the generally recognized principles of law.

Article 12

Every one shall have the right to recognition everywhere as a person before the law.

Article 13

1. Everyone shall have the right to freedom of thought, conscience, and religion. This right shall include 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.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are pursuant to law and are reasonable and necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

Article 14

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,