fulfilling its obligations under the Covenant. Communications may not be received unless the state party concerned has made such a declaration. If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the states parties concerned, article 42 provides for the Committee, with the prior consent of the states parties, to appoint an ad hoc Conciliation Commission, whose good offices are to be made available to them with a view to an amicable solution of the matter. The five members of this Commission also serve in their personal capacities, and may not be nationals of the states parties concerned, nor of a state not party to the Covenant, nor of a state party which has not made a declaration under article 41. The ad hoc Conciliation Commission is required to report on the facts, and on the solution reached, or failing a solution, on its views as to the possibilities of amicable solution, to the Committee, for communication to the states parties. In the latter event, the states parties are required to inform the Chairman of the Human Rights Committee within three months whether they accept the contents of the Commission's report. There is no provision for referral of a dispute beyond the Human Rights Committee.

The Acting Secretary of State's letter of submittal to President Carter, December 17, 1977, makes the following comment on article 41:

"Should the Senate give its advice and consent to ratification of the Covenant, it is contemplated that the United States will make a declaration pursuant to Article 41. It is in the interest of the United States to participate in and influence the state-to-state complaint procedure established by the Covenant, not least because it is to be hoped that the work of the Committee will contribute to the development of a generally accepted international law of human rights. It should be noted that declarations made pursuant to Article 41 may be withdrawn at any time by notification to the Secretary-General."

S. Ex. C, D, E, and F, 95th Cong., 2d sess. (1978), p. xiv.

In his letter of transmittal to the Senate, February 23, 1978, President Carter stated:

"Should the Senate give its advice and consent to ratification of the International Covenant on Civil and Political Rights, I intend upon deposit of United States ratification to make a declaration, pursuant to article 14 [sic: 41] of the Covenant. By that declaration the United States would recognize the competence of the Human Rights Committee established by Article 28 to receive and consider 'communications to the effect that a state party claims that another state party is not fulfilling its obligations under the Covenant.'

Ibid., p. iv.

Article 44, which corresponds to article 16 of the International Convention on the Elimination of All Forms of Racial Discrimination, confirms that the provisions for implementation of the Covenant apply without prejudice to procedures prescribed in the field of human rights by or under constituent instruments and conventions of the United Nations and of the specialized agencies, and do not prevent states parties to the Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Part V of the Covenant contains two substantive provisions. Article 46 states that nothing in the Covenant shall be interpreted as impairing the provisions of the United Nations Charter nor of the constitutions of the specialized agencies which define the respective responsibilities of the various United Nations organs and of those agencies in regard to matters dealt with in the Covenant. Article 47 is identical with article 25 of the International Covenant on Economic, Social, and Cultural Rights, and provides that nothing in the Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources. A declaration, post, is recommended in regard to article 47. Part VI of the Covenant contains the final clauses. Article 50, which is identical with article 28 of the International Covenant on Economic, Social, and Cultural Rights, requires that the Covenant's provisions shall extend to all parts of federal states without any limitations or exceptions. A corresponding reservation, post, is also recommended. Acting Secretary of State Christopher's letter of submittal to President Carter notes that an instrument of significance, related to the Covenant, the Optional Protocol to the International Covenant on Civil and Political Rights, is not being submitted to the Senate at this time. The letter states:

"The Optional Protocol, like Article 14 of the Convention on Racial Discrimination, establishes a procedure under which individuals who consider their rights under the Covenant to have been violated may, after exhausting all available domestic remedies, appeal in their individual capacity to the Human Rights Committee established by Article 28 of the Covenant. Any state that becomes a party to the Optional Protocol recognizes, by becoming a party, the competence of the Committee to receive and consider communications from individuals subject to the jurisdiction of that state who claim to be victims of a violation by that state of any of the rights set forth in the Covenant." The reservations, declarations, and statement recommended and the understanding suggested in respect of the International Covenant on Civil and Political Rights are:

(a) in regard to paragraph 1 of article 5 and to article 20, the following reservation:

"The Constitution of the United States and Article 19 of this Covenant contain provisions for the protection of individual rights, including the right of free speech, and nothing in this Covenant shall be deemed to require or to authorize legislation or other action by the United States which would restrict the right of free speech protected by the Constitution, laws and practices of the United States."

(b) in regard to article 6, the following reservation:

"The United States reserves the right to impose capital punishment on any person duly convicted under existing or future laws permitting the imposition of capital punishment.'

(c) in regard to paragraph 5 of article 9 and to paragraph 1 of article 15, the following reservation:

"The United States does not adhere to paragraph (5) of Article 9 or to the third clause of paragraph (1) of Article 15." (d) in regard to paragraphs 2 and 3 of article 10, the following statement:

"The United States considers the rights enumerated in paragraphs (2) and (3) of Article 10 as goals to be achieved progressively rather than through immediate implementation."

(e) in regard to article 14, the following suggested understanding:

"The United States understands that subparagraphs (3) (b) and (d) of Article 14 do not require the provision of courtappointed counsel when the defendant is financially able to retain counsel or for petty offenses for which imprisonment will not be imposed. The United States further understands that paragraph (3) (e) does not forbid requiring an indigent defendant to make a showing that the witness is necessary for his attendance to be compelled by the court. The United States considers that provisions of United States law currently in force constitute compliance with paragraph (6). The United States understands that the prohibition on double jeopardy contained in paragraph (7) is applicable only when the judgment of acquittal has been rendered by a court of the same governmental unit, whether the Federal Government or a constituent unit, which is seeking a new trial for the same cause."

(f) in regard to article 47, the following declaration:

"The United States declares that the right referred to in Article 47 may be exercised only in accordance with international law."

(g) in regard to article 50, the following reservation:

"The United States shall implement all the provisions of the Covenant over whose subject matter the Federal Government exercises legislative and judicial jurisdiction; with respect to the provisions over whose subject matter constituent units exercise jurisdiction, the Federal Government shall take appropriate

measures, to the end that the competent authorities of the constituent units may take appropriate measures for the fulfillment of this Covenant."

(h) for the same reasons as set forth with regard to the Convention on Racial Discrimination and the Covenant on Economic, Social and Cultural Rights, ante, a declaration to indicate the non-self-executing nature of articles 1 through 27 of the Covenant, stating:

"The United States declares that the provisions of Articles 1 through 27 of the Covenant are not self-executing."

Ibid., pp. xi-xv.

IV. American Convention on Human Rights

This Convention has been ratified or adhered to by Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Panama, Peru, and Venezuela, and entered into force upon deposit of the eleventh ratification, by Grenada, July 18, 1978. In addition to extensive protection of personal liberty and preservation of the right to a fair trial, to freedom of assembly, and to participation in government, it recognizes certain rights beyond those covered by the United Nations human rights treaties. Certain reservations, interpretive understandings and declarations are also recommended in respect to this Convention.

The Convention is divided into three Parts.

Part I, State Obligations and Rights Protected, consists of five chapters. Chapter I covers General Obligations (articles 1, Obligation to Respect Rights, and 2, Domestic Legal Effects). Chapter II, Civil and Political Rights, includes articles 3, Right to Juridical Personality; 4, Right to Life [from the moment of conception]; 5, Right to Humane Treatment; 6, Freedom from Slavery; 7, Right to Personal Liberty; 8, Right to a Fair Trial; 9, Freedom from Ex Post Facto Laws; 10, Right to Compensation [for miscarriage of justice]; 11, Right to Privacy; 12, Freedom of Conscience and Religion; 13, Freedom of Thought and Expression; 14, Right of Reply [to inaccurate or offensive media statements causing injury to honor or reputation]; 15, Right of Assembly; 16, Freedom of Association; 17, Rights of the Family; 18, Right to a Name; 19, Rights of the Child; 20, Right to Nationality; 21, Right to Property; 22, Freedom of Movement and Residence; 23, Right to Participate in Government; 24, Right to Equal Protection; and 25, Right to Judicial Protection. Chapter III, Economic, Social, and Cultural Rights, consists of a single article: 26, Progressive Development. Chapter IV, Suspension of Guarantees, Interpretation, and Application, includes articles 27, Suspension of Guarantees [in time of war, public danger, or other

emergency threatening the independence or security of a state party]; 28, Federal Clause; 29, Restrictions Regarding Interpretation; 30, Scope of Restrictions; and 31, Recognition of Other Rights. Chapter V, Personal Responsibilities, also consists of a single article: 32, Relationship between Duties and Rights.

The general provision on nondiscrimination, in article 1, is followed by an obligation, in article 2, to adopt legislative or other measures as may be necessary to give effect to the rights and freedoms protected by the Convention. In order to ensure, nevertheless, that no substantive provisions of the Convention will operate as domestic law, except insofar as implemented by the domestic legislative and judicial process, a declaration, post, is recommended, covering articles 1 through 32.

Part II, Means of Protection, consists of four chapters. Chapter VI, Competent Organs, contains article 33, recognizing the competence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, with respect to matters relating to fulfillment of Convention commitments. Chapter VII, InterAmerican Commission on Human Rights, details the organization (section 1, articles 34 through 40), the functions (section 2, articles 41 through 43), the competence (section 3, articles 44 through 47), and the procedure (section 4, articles 48 through 51) of the Commission. Chapter VIII, Inter-American Court of Human Rights, details the organization (section 1, articles 52 through 60), the jurisdiction and functions (section 2, articles 61 through 65), and the procedure (section 3, articles 66 through 69) of the Court. Chapter IX, Common Provisions (articles 70 through 73), covers immunities, conflicts of interest, emoluments and allowances, and determination of sanctions to be applied against members of the Commission or judges of the Court.

Part III, General and Transitory Provisions, consists of: Chapter X, Signature, Ratification, Reservations, Amendments, Protocols, and Denunciation (articles 74 through 78); and Chapter XI, Transitory Provisions, concerning the Inter-American Commission on Human Rights (section 1, articles 79 and 80) and the Inter-American Court of Human Rights (section 2, articles 81 and 82).

Articles 3 through 25 set forth the fundamental civil and political rights protected by the Convention. A separate letter of submittal from Acting Secretary of State Warren Christopher to President Jimmy Carter, also dated December 17, 1977, singles out certain provisions for comment. Excerpts from, or summarizations of, these comments follow.

Article 4 deals with the right to life generally and includes provisions on capital punishment; since some of its provisions are not in