HUMAN RIGHTS COMMITTIE; PROVISIONS
Human rights committee Shall consist of eighteen members, the members 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 Shall work in personal capacity (Article 28)
They are elected by secret ballot from list of persons nominated by each state party. Each state may make two nominations (nationals) they will be eligible for reappointment.
The meeting will be held at the headquarters of UN.2/3rd of the majority will constitute the quorum and the nominees securing the highest number of votes will be elected.
Article 31: not more than one representative from the state, equal geographic distribution must be sorted for the remainder of the term.
The members are:
Elected for four years
Will be eligible for reelection if nominated again
Term of nine members will expire at the end of two years- shall be chosen by lot.
Article 33: if a member ceases to carry out his duty, the chairman of the committee shall notify the SG and the seat will then be declared vacant.
In case of death or resignation as well, same.
Article 34: when such a vacancy is declared, and more than six months of the term remains then there will be reelection as the above procedure and the person so elected will be in the said position for the remainder of the term.
The members will receive emoluments from UN as decided by the GA.
Article 36: the SG will provide for necessary staff and facilities for the effective functioning of the committee.
Article 37: the SG shall convene the first meeting at the headquarters. The Committee will then meet at such times as specified in the rules and procedure.
Article 38: every member is called upon to make this declaration that he will perform his duties impartially and conscientiously.
The committee shall elect its officers for a term of two years, they may be reelected.
They shall have their own rules and procedure: the quorum should consist of 12 members; the decisions shall be made on the basis of majority.
Article 40: The parties to the covenant have to give a report stating the measures taken and the progress made with respect to the provisions. It is made to the SG who will transmit it to the Committee and will further transmit it to specialized agencies if needed.
Procedure to be followed when one state party alleges that the other state party has not or is not following the procedures and standards of the Convention. (3months, 6 months)
Article 42: Appointment of Conciliation Commission. The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.
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