|
HUMAN RIGHTS COMMITTEE
RULES OF PROCEDURE OF THE HUMAN RIGHTS COMMITTEE
Provisional rules of procedure were initially adopted by the Committee at its first
and second sessions and subsequently amended at its third, seventh and thirty-sixth sessions. At its 918th meeting, on 26 July 1989, the Committee decided to make its rules of procedure definitive, eliminating the
term "provisional" from the title. The rules of procedure were subsequently amended at the forty-seventh, forty-ninth, fiftieth, and fifty-ninth sessions. The current version of the rules was adopted at
the Committee's 1924th meeting during its seventy-first session.
PART I. GENERAL RULES
I. SESSIONS
Rule 1
The Human Rights Committee (hereinafter referred to as "the
Committee") shall hold sessions as may be required for the satisfactory performance of its functions in accordance with the International Covenant on Civil and Political Rights (hereinafter referred to as
"the Covenant").
Rule 2
1. The Committee shall normally hold three regular sessions each year.
2. Regular sessions of the Committee shall be convened at dates decided by the
Committee in consultation with the Secretary-General of the United Nations (hereinafter referred to as "the Secretary-General"), taking into account the calendar of conferences as approved by the General
Assembly.
Rule 3
1. Special sessions of the Committee shall be convened by decision of the Committee. When the Committee is not in session, the Chairperson may convene special sessions in consultation
with the other officers of the Committee. The Chairperson of the Committee shall also convene special sessions:
(a) At the request of a majority of the members of the Committee;
(b) At the request of a State party to the Covenant.
2. Special sessions shall be convened as soon as possible at a date fixed by the Chairperson in consultation with the Secretary-General and with the other
officers of the Committee, taking into account the calendar of conferences as approved by the General Assembly.
Rule 4
The Secretary-General shall notify the members of the Committee of the date and
place of the first meeting of each session. Such notification shall be sent, in the case of a regular session, at least six weeks in advance and, in the case of a special session, at least 18 days in advance.
Rule 5
Sessions of the Committee shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. Another place for a session may be designated by the
Committee in consultation with the Secretary-General.
II. AGENDA
Rule 6
The provisional agenda for each regular session shall be prepared by the Secretary-General in consultation with
the Chairperson of the Committee, in conformity with the relevant provisions of the Covenant and of the Optional Protocol to the International Covenant on Civil and Political Rights (hereinafter referred to as
"the Protocol"), and shall include:
(a) Any item the inclusion of which has been ordered by the Committee at a previous session;
(b) Any item proposed by the Chairperson of the Committee;
(c) Any item proposed by a State party to the Covenant;
(d) Any item proposed by a member of the Committee;
(e) Any item proposed by the Secretary-General relating to functions of the
SecretarynGeneral under the Covenant, the Protocol or these rules.
Rule 7
The provisional agenda for a special session of the Committee shall consist only of those items which are proposed for
consideration at that special session.
Rule 8
The first item on the provisional agenda for any session shall be the adoption of the agenda, except for the election of the officers when required
under rule 17 of these rules.
Rule 9
During a session, the Committee may revise the agenda and may, as appropriate, defer or delete items; only urgent and important items may be added to the
agenda.
Rule 10
The provisional agenda and the basic documents relating to each item appearing thereon shall be transmitted to the members of the Committee by the Secretary-General, who shall
endeavour to have the documents transmitted to the members at least six weeks prior to the opening of the session.
III. MEMBERS OF THE COMMITTEE
Rule 11
The members of the Committee shall
be the 18 persons elected in accordance with articles 28 to 34 of the Covenant.
Rule 12
The term of office of the members of the Committee elected at the first election shall begin on 1 January
1977. The term of office of members of the Committee elected at subsequent elections shall begin on the day after the date of expiry of the term of office of the members of the Committee whom they replace.
Rule 13
1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out the functions of the member for any cause other than absence of a temporary character, the
Chairperson of the Committee shall notify the Secretary-General, who shall then declare the seat of that member to be vacant.
2. In the event of the death or the resignation of a member of the Committee, the
Chairperson shall immediately notify the Secretary-General, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect. The resignation of a member of the Committee
shall be notified by that member in writing directly to the Chairperson or to the Secretary-General and action shall be taken to declare the seat of that member vacant only after such notification has been received.
Rule 14
A vacancy declared in accordance with rule 13 of these rules shall be dealt with in accordance with article 34 of the Covenant.
Rule 15
Any member of the Committee
elected to fill a vacancy declared in accordance with article 33 of the Covenant shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that
article.
Rule 16
Before assuming duties as a member, each member of the Committee shall give the following solemn undertaking in open Committee:
"I solemnly undertake to discharge my
duties as a member of the Human Rights Committee impartially and conscientiously."
IV. OFFICERS
Rule 17
The Committee shall elect from among its members a Chairperson, three Vice-Chairpersons and a Rapporteur.
Rule 18
The officers of the Committee shall be elected for a term of two years. They shall be
eligible for re-election. None of them, however, may hold office after ceasing to be a member of the Committee.
Rule 19
The Chairperson shall perform the functions conferred upon the Chairperson by
the Covenant, the rules of procedure and the decisions of the Committee. In the exercise of those functions, the Chairperson shall remain under the authority of the Committee.
Rule 20
If during a
session the Chairperson is unable to be present at a meeting or any part thereof, the Chairperson shall designate one of the Vice-Chairpersons to act as Chairperson.
Rule 21
A Vice-Chairperson acting as Chairperson shall have the same rights and duties as the Chairperson.
Rule 22
If any of the officers of the Committee ceases to serve or declares to be unable to continue
serving as a member of the Committee or for any reason is no longer able to act as an officer, a new officer shall be elected for the unexpired term of the predecessor.
V. SECRETARIAT
Rule 23
1. The secretariat of the Committee and of such subsidiary bodies as may be established by the Committee (hereinafter referred to as "the Secretariat") shall be provided by the Secretary-General.
2. The Secretary-General shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the Covenant.
Rule 24
The Secretary-General or
representative of the SecretarynGeneral shall attend all meetings of the Committee. Subject to rule 38 of these rules, the SecretarynGeneral or the representative may make oral or written statements at meetings of
the Committee or its subsidiary bodies.
Rule 25
The Secretary-General shall be responsible for all the necessary arrangements for meetings of the Committee and its subsidiary bodies.
Rule 26
The Secretary-General shall be responsible for informing the members of the Committee without delay of any questions which may be brought before it for consideration.
Rule 27
Before any
proposal which involves expenditure is approved by the Committee or by any of its subsidiary bodies, the Secretary-*General shall prepare and circulate to the members of the Committee or subsidiary body, as early as
possible, an estimate of the cost involved in the proposal. It shall be the duty of the Chairperson to draw the attention of members to this estimate and to invite discussion on it when the proposal is considered by
the Committee or subsidiary body.
VI. LANGUAGES
Rule 28
Arabic, Chinese, English, French, Russian and Spanish shall be the official languages, and Arabic, English, French, Russian and Spanish
the working languages of the Committee.
Rule 29
Speeches made in any of the working languages shall be interpreted into the other working languages. Speeches made in an official language shall be
interpreted into the working languages.
Rule 30
Any speaker addressing the Committee and using a language other than one of the official languages shall normally provide for interpretation into one of
the working languages. Interpretation into the other working languages by interpreters of the Secretariat may be based on the interpretation given in the first working language.
Rule 31
Summary records of the meetings of the Committee shall be drawn up in the working languages.
Rule 32
All formal decisions of the Committee shall be made available in the official languages. All other
official documents of the Committee shall be issued in the working languages and any of them may, if the Committee so decides, be issued in all the official languages.
VII. PUBLIC AND PRIVATE MEETINGS
Rule 33
The meetings of the Committee and its subsidiary bodies shall be held in public unless the Committee decides otherwise or it appears from the relevant provisions of the Covenant or the Protocol that
the meeting should be held in private. The adoption of concluding observations under article 40 shall take place in closed meetings.
Rule 34
At the close of each private meeting the Committee or its
subsidiary body may issue a communiqué through the Secretary-General.
VIII. RECORDS
Rule 35
Summary records of the public and private meetings of the Committee and its subsidiary bodies shall
be prepared by the Secretariat. They shall be distributed in provisional form as soon as possible to the members of the Committee and to any others participating in the meeting. All such participants may, within
three working days after receipt of the provisional record of the meeting, submit corrections to the Secretariat. Any disagreement concerning such corrections shall be settled by the Chairperson of the Committee or
the Chairperson of the subsidiary body to which the record relates or, in the case of continued disagreement, by decision of the Committee or of the subsidiary body.
Rule 36
1. The summary records of
public meetings of the Committee in their final form shall be documents of general distribution unless, in exceptional circumstances, the Committee decides otherwise.
2. The summary records of private
meetings shall be distributed to the members of the Committee and to other participants in the meetings. They may be made available to others upon decision of the Committee at such time and under such circumstances
as the Committee may decide.
IX. CONDUCT OF BUSINESS
Rule 37
Twelve members of the Committee shall constitute a quorum.
Rule 38
The Chairperson shall declare the opening and
closing of each meeting of the Committee, direct the discussion, ensure observance of these rules, accord the right to speak, put questions to the vote and announce decisions. The Chairperson, subject to these
rules, shall have control over the proceedings of the Committee and over the maintenance of order at its meetings. The Chairperson may, in the course of the discussion of an item, propose to the Committee the
limitation of the time to be allowed to speakers, the limitation of the number of times each speaker may speak on any question and the closure of the list of speakers. The Chairperson shall rule on points of order
and shall have the power to propose adjournment or closure of the debate or adjournment or suspension of a meeting. Debate shall be confined to the question before the Committee, and the Chairperson may call a
speaker to order if that speaker's remarks are not relevant to the subject under discussion.
Rule 39
During the discussion of any matter, a member may at any time raise a point of order, and the point
of order shall immediately be decided by the Chairperson in accordance with the rules of procedure. Any appeal against the ruling of the Chairperson shall immediately be put to the vote, and the ruling of the
Chairperson shall stand unless overruled by a majority of the members present. A member may not, in raising a point of order, speak on the substance of the matter under discussion.
Rule 40
During the
discussion of any matter, a member may move the adjournment of the debate on the item under discussion. In addition to the proposer of the motion, one member may speak in favour of and one against the motion, after
which the motion shall immediately be put to the vote.
Rule 41
The Committee may limit the time allowed to each speaker on any question. When debate is limited and a speaker exceeds his allotted
time, the Chairperson shall call that speaker to order without delay.
Rule 42
When the debate on an item is concluded because there are no other speakers, the Chairperson shall declare the debate
closed. Such closure shall have the same effect as closure by the consent of the Committee.
Rule 43
A member may at any time move the closure of the debate on the item under discussion, whether or
not any other member or representative has signified a wish to speak. Permission to speak on the closure of the debate shall be accorded only to two speakers opposing the closure, after which the motion shall
immediately be put to the vote.
Rule 44
During the discussion of any matter, a member may move the suspension or the adjournment of the meeting. No discussion on such motions shall be permitted,
and they shall immediately be put to the vote.
Rule 45
Subject to rule 39 of these rules, the following motions shall have precedence in the following order over all other proposals or motions
before the meeting:
(a) To suspend the meeting;
(b) To adjourn the meeting;
(c) To adjourn the debate on the item under discussion;
(d) For the closure of the debate on the item under discussion.
Rule 46
Unless otherwise decided by the Committee, proposals and substantive amendments or motions submitted by members shall be
introduced in writing and handed to the Secretariat, and their consideration shall, if so requested by any member, be deferred until the next meeting on the following day.
Rule 47
Subject to rule 45
of these rules, any motion by a member calling for a decision on the competence of the Committee to adopt a proposal submitted to it shall be put to the vote immediately before a vote is taken on the proposal in
question.
Rule 48
A motion may be withdrawn by its proposer at any time before voting on it has commenced, provided that the motion has not been amended. A motion which has thus been withdrawn may be
reintroduced by another member.
Rule 49
When a proposal has been adopted or rejected, it may not be reconsidered at the same session unless the Committee so decides. Permission to speak on a
motion to reconsider shall be accorded only to two speakers in favour of the motion and two speakers opposing the motion, after which it shall immediately be put to the vote.
X. VOTING
Rule 50
Each member of the Committee shall have one vote.
Rule 51
The Committee decided, at its first session, that in a footnote to rule 51 of the provisional rules of procedure attention should be drawn to
the following:
1. The members of the Committee generally expressed the view that its method of work normally should allow for attempts to reach decisions by consensus before voting, provided that the Covenant
and the rules of procedure were observed and that such attempts did not unduly delay the work of the Committee.
2. Bearing in mind paragraph 1 above, the Chairperson at any meeting may, and at the request of
any member shall, put the proposal to a vote.
Except as otherwise provided in the Covenant or elsewhere in these rules, decisions of the Committee shall be made by a majority of the members present.
Rule 52
Subject to rule 58 of these rules, the Committee shall normally vote by show of hands, except that any member may request a roll-call, which shall then be taken in the alphabetical order of the names
of the members of the Committee, beginning with the member whose name is drawn by lot by the Chairperson.
Rule 53
The vote of each member participating in a roll-call shall be inserted in the record.
Rule 54
After the voting has commenced, it shall not be interrupted unless a member raises a point of order in
connection with the actual conduct of the voting. Brief statements by members consisting solely of explanations of their votes may be permitted by the Chairperson before the voting has commenced or after the voting
has been completed.
Rule 55
Parts of a proposal shall be voted on separately if a member requests that the proposal be divided. Those parts of the proposal which have been approved shall then be
put to the vote as a whole; if all the operative parts of a proposal have been rejected, the proposal shall be considered to have been rejected as a whole.
Rule 56
1. When an amendment to a
proposal is moved, the amendment shall be voted on first. When two or more amendments to a proposal are moved, the Committee shall first vote on the amendment furthest removed in substance from the original proposal
and then on the amendment next furthest removed therefrom and so on until all the amendments have been put to the vote. If one or more amendments are adopted, the amended proposal shall then be voted upon.
2. A motion is considered an amendment to a proposal if it merely adds to, deletes from or revises part of that proposal.
Rule 57
1. If two or more proposals relate to the same question, the Committee
shall, unless it decides otherwise, vote on the proposals in the order in which they have been submitted.
2. The Committee may, after each vote on a proposal, decide whether to vote on the next proposal.
3. Any motions requiring that no decision be taken on the substance of such proposals shall, however, be considered as previous questions and shall be put to the vote before them.
Rule 58
Elections shall be held by secret ballot, unless the Committee decides otherwise in the case of an election to fill a place for which there is only one candidate.
Rule 59
1. When only one person or
member is to be elected and no candidate obtains the required majority in the first ballot, a second ballot shall be taken, which shall be restricted to the two candidates who obtained the greatest number of votes.
2. If the second ballot is inconclusive and a majority vote of members present is required, a third ballot shall be taken in which votes may be cast for any eligible candidate. If the third ballot is
inconclusive, the next ballot shall be restricted to the two candidates who obtained the greatest number of votes in the third ballot and so on, with unrestricted and restricted ballots alternating, until a person
or member is elected.
3. If the second ballot is inconclusive and a two-thirds majority is required, the balloting shall be continued until one candidate secures the necessary two-thirds majority. In the
next three ballots, votes may be cast for any eligible candidate. If three such unrestricted ballots are inconclusive, the next three ballots shall be restricted to the two candidates who obtained the greatest
number of votes in the third such unrestricted ballot, and the following three ballots shall be unrestricted, and so on until a person or member is elected.
|
