International Covenant on Civil and Political Rights (ICCPR or Covenant)

International Covenant on Civil and Political Rights (ICCPR or Covenant)

Explainer

Author: Alicia Haripershad

GHRD Intern – International Justice and Human Rights Team

LLM Candidate International Law and Global Governance (Tilburg University)

Title: International Covenant on Civil and Political Rights (ICCPR or Covenant)

Adopted by: United Nations General Assembly (by resolution 2200A)

When: 16 December 1966

Into Force: 23 March 1976

What is the significance of the ICCPR?[2] 

The ICCPR was born following World War II and the failure of states to protect and uphold the life and liberty of their citizens. It can therefore also be understood to be rooted in the same process as the Universal Declaration of Human Rights. It was decided that more was needed beyond domestic measures, and there was the need for an international framework protecting inter alia civil and political rights. Because      the UN Covenant on Economic, Social and Cultural Rights was endorsed around the same time with the ICCPR, they are thought to be borne out of the same spirit.

Civil and political rights are significant as human rights that are immediately enforceable.[3] They relate to rights that a person has in relation to the state, such as the right to support a political party of their choice as well as individual freedoms such as the right to free speech and the right to a fair trial. These rights acknowledge the power and control that a government can exert over its citizens and, as such, provides protection against this as well as rights that citizens can exercise to keep the government accountable. These are viewed as fundamental rights for the purposes of democratic countries for citizens to be able to      hold their governments accountable.

Around 161 states have ratified the ICCPR to date. When it comes to enforcement of the rights      the Covenant provides, the United Nations Human Rights Committee is responsible for overseeing and monitoring the domestic implementation of the Convention by the ratifying states. In this sense, states are also required to submit periodic reports that the Committee reviews to assess compliance with the ICCPR. When      something needs to be addressed, the Committee will provide the State with comments and recommendations. 

As with many international law instruments, domestic interpretation shows to what extent a county decides to incorporate the rights in question. Given the nature of the rights in the ICCPR, they can and have served as the basis for political and civil rights within constitutions and other national legislation.  

As a legally binding treaty, states that do not comply with the rights provided therein commit or are committing human rights violations from a legal point of view. As a result, individual victims of violations can submit complaints to the Human Rights Committee, to the respective regional Human Rights Court, or to the domestic jurisdiction, differing on how states incorporate Human Rights Treaties to their domestic legislation. 

Interestingly, non-governmental organisations can also play a role in holding states accountable by submitting shadow reports to the Human Rights Committee.[4] Shadow reports are aimed at providing additional or different information from the government reports submitted under human rights treaties. This can be helpful in painting a fuller picture or presenting information that the government may have not omitted. This can give the Human Rights Committee increased awareness of particular issues happening in the state.

What about the Optional Protocols to the ICCPR?

These can be understood as treaties in their own right and are not binding as a result of states ratifying the ICCPR.[5] The First Optional Protocols creates an individual complaint mechanism to the Human Rights Committee while the Second Optional Protocol abolishes the death penalty.[6]

The First Optional Protocol has 116 states who have signed and ratified while the Second Optional Protocol has only 88.[7] The use of the death penalty remains a controversial topic amongst states to an extent, and the lower ratification of the Second Optional Protocol as a result can be understood.[8] Further advocacy and regional as well as international pressure is needed to promote further ratification of the Second Optional Protocol.

What are some of the enshrined rights?[9]

  • The right to life (Article 6)
  • The right to be free from torture (Article 7)
  • The right to liberty and security of the person (Article 9)
  • The right to free movement (Article 12)
  • The right to a fair trial (Article 14)
  • The right to free thought, conscience and religion (Article 18)
  • The right to peaceful assembly (Article 21)
  • The right to freedom of association (Article 22)
  • The right to political participation (Article 25)

Where can I find a copy of the ICCPR to read?

A copy can be accessed from the following link: https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

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[1] Preamble, UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171.

[2] Christian Tomuschat, ‘Introductory Note: International Covenant on Civil and Political Rights’ < https://legal.un.org/avl/ha/iccpr/iccpr.html> accessed 20 May 2021.

[3] Encyclopedia of Human Rights, ‘Civil and Political Rights’ (2009) David P. Forsythe (ed.) < https://www-oxfordreference-com.tilburguniversity.idm.oclc.org/view/10.1093/acref/9780195334029.001.0001/acref-9780195334029-e-46> accessed 27 May 2021.

[4] Canadian Civil Liberties Association, ‘Summary: International Covenant on Civil and Political Rights’ < https://ccla.org/summary-international-covenant-on-civil-and-political-rights-iccpr/> accessed 19 May 2021.

[5] United Nations Human Rights, Officer of the High Commissioner, ‘Optional Protocol to the International Covenant on Civil and Political Rights’ < https://www.ohchr.org/en/professionalinterest/pages/opccpr1.aspx> accessed 20 May 2021.

[6] Canadian Civil Liberties Association, ‘Summary: International Covenant on Civil and Political Rights’ < https://ccla.org/summary-international-covenant-on-civil-and-political-rights-iccpr/> accessed 19 May 2021.

[7] United Nations Human Rights, Officer of the High Commissioner, ‘Status of Ratification Interactive Dashboard’ < https://indicators.ohchr.org/> accessed 19 May 2021.

[8] World Coalition Against the Death Penalty, ‘Just One More Step: Ratifying International and Regional Protocols’ < https://worldcoalition.org/campagne/just-one-more-step-ratifying-international-and-regional-protocols/> accessed 20 May 2021.

[9] UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171.