On signing the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Decree of the President of the Republic of Kazakhstan dated September 23, 2010 No. 1068
I DECREE:
1. To sign the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, adopted by UN General Assembly resolution 63/117 of December 10, 2008 (hereinafter referred to as the Optional Protocol).
2. Kanat Bekmurzaevich Saudabayev, Secretary of State of the Republic of Kazakhstan - Minister of Foreign Affairs of the Republic of Kazakhstan, to sign the Optional Protocol on behalf of the Republic of Kazakhstan.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (adopted by resolution 63/117 of the UN General Assembly on December 10, 2008)
The preamble
The States Parties to this Protocol, Bearing in mind that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and universal peace, Bearing in mind that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights, and that everyone should enjoy all the rights and freedoms set forth in the Declaration, without distinction of any kind., such as with regard to race, skin color, gender, language, religion, political or other beliefs, national or social origin, property, birth or other status, Recalling that the Universal Declaration of Human Rights and the International Covenants on Human Rights recognize that the ideal of a free human person, free from fear and want It can be implemented only if conditions are created in which everyone can enjoy civil, cultural, economic, political and social rights, reaffirming universality., The indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms, Recalling that each State - participant The International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as the "Covenant") undertakes, individually and within the framework of international assistance and cooperation, in particular in the economic and technical fields, to take measures to the maximum extent of available resources to progressively ensure the full realization of the rights recognized in the Covenant by all appropriate means, including, in particular, the adoption of legislative measures, taking into account, That, in order to further achieve the objectives of the Covenant and to implement its provisions, it would be appropriate to enable the Committee on Economic, Social and Cultural Rights (hereinafter referred to as "the Committee") to carry out the functions provided for in this Protocol, have agreed as follows:
Article 1 Competence of the Committee to receive and consider communications
1. A State Party to the Covenant that becomes a party to the present Protocol recognizes the competence of the Committee to receive and consider communications, as provided for in the provisions of the present Protocol. 2. The Committee shall not accept any communications if they relate to a State party that is not a party to the present Protocol.
Article 2 Communications
Communications may be submitted by or on behalf of individuals or groups of individuals under the jurisdiction of a State party who claim to be victims of a violation by that State party of any of the economic, social and cultural rights set forth in the Covenant. If a message is submitted on behalf of individuals or groups of individuals, this is done with their consent, except in cases where the author can justify his actions on their behalf without such consent.
Article 3 Acceptability
1. The Committee shall not consider a communication until it is satisfied that all available domestic remedies have been exhausted. This rule does not apply in cases where the use of such funds is unreasonably prolonged. 2. The Committee declares a communication inadmissible when: (a) It is not submitted within one year after the exhaustion of domestic remedies, except in cases where the author can prove that it was impossible to send the communication within that period.; (b) The facts that are the subject of the communication occurred before the entry into force of this Protocol for the State Party concerned, unless such facts continued to occur after that date; (c) The same matter has already been examined by the Committee or has been or is being examined under another procedure of international investigation or settlement; (d) It is incompatible with the provisions of the Covenant; (e) It is clearly unjustified or insufficiently substantiated, or is based solely on reports disseminated by the media.; (f) It constitutes an abuse of the right to submit a communication; or when (g) it is anonymous or not submitted in writing.
Article 4The communications that do not indicate a clear infringement of rights
The Committee may, if necessary, refuse to consider a communication if it does not clearly infringe on the rights of its author, except in cases where the Committee considers that the communication raises a serious issue of general importance.
Article 5 Interim protection measures
1. At any time after receiving a communication and before any decision on the merits has been taken, the Committee may request the State party concerned to consider without delay a request for such interim measures of protection as may be necessary in exceptional circumstances in order to avoid possible irreparable harm to the victim or victims of the alleged violation. 2. If the Committee exercises its right under paragraph 1 of this article, this does not mean that it has reached a decision on the admissibility or merits of the communication.
Article 6transmission of the message
1. Unless the Committee considers a communication inadmissible without mentioning the State Party concerned, the Committee shall bring any communication submitted to it under the present Protocol confidentially to the attention of the State Party concerned. 2. The notified State party shall, within six months, submit to the Committee written explanations or statements clarifying the matter and the remedies, if any, that could be provided by the State party.
Article 7 Friendly settlement
1. The Committee shall provide its good offices to the parties concerned with a view to a friendly settlement based on respect for the obligations set out in the Covenant. 2. An agreement on a friendly settlement entails the termination of consideration of the communication in accordance with this Protocol.
Article 8 Review of communications
1. The Committee shall consider communications received in accordance with article 2 of this Protocol taking into account all materials submitted to it, provided that these materials have been transmitted to the parties concerned. 2. When considering communications provided for in this Protocol, the Committee shall hold closed meetings. 3. When considering a communication under the present Protocol, the Committee may, as appropriate, take into account relevant materials from other United Nations bodies, specialized agencies, funds, programmes and mechanisms and other international organizations, including regional human rights protection systems, as well as any observations or comments from the State party concerned. 4. When considering communications under the present Protocol, the Committee shall consider the appropriateness of the measures taken by the State party in accordance with part II of the Covenant. In doing so, the Committee takes into account that the State party has the right to adopt a number of possible policy measures to implement the rights enshrined in the Covenant.
Article 9 Follow-up to the Committee's views
1. After examining the communication, the Committee transmits its views on the communication, together with its recommendations, if any, to the relevant parties. 2. The State party shall give due consideration to the Committee's Views, together with its recommendations, if any, and provide the Committee with a written response within six months, including information on any measures taken in response to the Committee's views and recommendations. 3. The Committee may invite the State party to provide additional information on any measures taken by the State party in response to its views or recommendations, if any, including, if the Committee deems it appropriate, in the State party's subsequent reports submitted in accordance with articles 16 and 17 of the Covenant.
Article 10 Inter-State communications
1. In accordance with this article, a State Party to the present Protocol may at any time declare that it recognizes the competence of the Committee to receive and consider communications alleging that another State Party is not fulfilling its obligations under the present Covenant. Communications provided for in this article may be received and considered only if they are submitted by a State party that has made a declaration recognizing the competence of the Committee. The Committee does not accept any communications if they relate to a State party that has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure: (a) If a State Party to this Protocol considers that another State Party is not fulfilling its obligations under the Covenant, it may, by written communication, bring the matter to the attention of that State Party. The State party may also inform the Committee on the matter. Within three months of receiving the communication, the receiving State shall submit to the sending State an explanation or any other written statement explaining the matter, which should contain, as far as possible and appropriate, an indication of the domestic procedures and remedies that have been applied, are being applied or are available on the matter.; (b) If the matter has not been resolved to the satisfaction of both States parties concerned within six months of receipt by the receiving State of the initial communication, each of those States shall have the right to refer the matter to the Committee by notification to the Committee and the other State; (c) The Committee shall consider the matter referred to it only after it has ascertained that all available domestic Legal remedies have been applied and exhausted in this matter. This rule does not apply in cases where the use of these funds is unreasonably prolonged.; (d) Subject to the provisions of subparagraph (c) of this paragraph, the Committee shall provide its good offices to the States parties concerned with a view to a friendly settlement based on respect for the obligations set out in the Covenant; (e) When considering communications under this article, the Committee shall hold closed meetings; (f) on any matter referred to it in accordance with In subparagraph (b) of this paragraph, the Committee may request the relevant States Parties referred to in subparagraph (b) to provide any relevant information.; (g) The relevant States Parties referred to in subparagraph (b) of this paragraph shall have the right to be represented during the consideration of the matter by the Committee and to make representations orally and/or in writing; (h) Upon receipt of notification in accordance with subparagraph (b) of this paragraph, the Committee shall report with due promptness: (i) if a settlement is reached in accordance with within the framework of the provisions of subparagraph (d) of this paragraph. The Committee limits its report to a brief statement of the facts and the settlement reached; (ii) If a settlement under the provisions of subparagraph (d) has not been reached, the Committee shall state in its report the relevant facts concerning the issue that has arisen between the States parties concerned. Written submissions and a record of oral submissions made by the States Parties concerned are attached to the report. The Committee may also communicate only to the States parties concerned any views that it may consider relevant to the issue that has arisen between them. In any case, the report shall be transmitted to the States parties concerned. 2. A declaration in accordance with paragraph 1 of this article shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. The application may be withdrawn at any time by notification to the Secretary General. Such withdrawal shall not preclude the consideration of any matter that is the subject of a communication already transmitted in accordance with this article.; No further communications under this article will be accepted from any State Party after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.
Article 11 Investigation procedure
1. A State Party to this Protocol may at any time declare that it recognizes the competence of the Committee provided for in this article. 2. If the Committee receives reliable information indicating serious or systematic violations by a State party of any of the economic, social and cultural rights enshrined in the Covenant, the Committee invites that State party to cooperate in the examination of the information and, in this regard, to submit comments on the relevant information. 3. Taking into account any comments that may be submitted by the State party concerned, as well as any other reliable information available to it, the Committee may appoint one or more of its members to conduct an investigation and submit an urgent report to the Committee. Where justified and with the consent of the State party, the investigation may include a visit to its territory. 4. Such an investigation is conducted confidentially, and measures are taken at all stages of the process to ensure the cooperation of that State Party. 5. After examining the results of such an investigation, the Committee shall transmit these results to the State party concerned, together with any observations and recommendations. 6. The State party concerned shall submit its observations to the Committee within six months of receiving the results of such an investigation and the observations and recommendations transmitted by the Committee. 7. After completing such a process in respect of an investigation conducted in accordance with paragraph 2 of this article, the Committee may, after consultation with the State Party concerned, decide to include a summary account of the results of this process in its annual report provided for in article 15 of this Protocol. 8. Any State Party that has made a declaration in accordance with paragraph 1 of this article may at any time withdraw that declaration by notification to the Secretary-General.
Article 12 Follow-up measures following the investigation procedure
1. The Committee may invite the State party concerned to include in its report submitted in accordance with articles 16 and 17 of the Covenant detailed information on any measures taken in connection with an investigation conducted in accordance with article 11 of the present Protocol. 2. If necessary, after the end of the six-month period referred to in article 11, paragraph 6, the Committee may invite the State party concerned to inform it of the measures taken in connection with such an investigation.
Article 13 Protection measures
The State Party shall take all appropriate measures to ensure that persons under its jurisdiction are not subjected to any form of harassment or intimidation as a result of contacting the Committee in accordance with the present Protocol.
Article 14International assistance and cooperation
1. The Committee, if it deems it appropriate and with the consent of the State Party concerned, shall transmit to the specialized agencies, funds and programmes and other competent organs of the United Nations its views or recommendations on communications and investigations that indicate the need for technical advice or assistance, as well as the comments and suggestions of the State party, if there are any regarding such considerations or recommendations. 2. The Committee may also bring to the attention of such bodies, with the consent of the State Party concerned, any matter arising from communications considered under the present Protocol that may be useful to those bodies in making decisions by each of them, within its competence, on the appropriateness of international measures that could contribute to providing assistance to States Parties. progress towards the realization of the rights recognized in the Covenant. 3. In accordance with the appropriate procedures of the General Assembly, a trust fund is being established, managed in accordance with the financial regulations and rules of the United Nations, to provide expert and technical assistance to States parties, with the consent of the State Party concerned, for the fuller realization of the rights enshrined in the Covenant, thereby contributing to the strengthening of national capacities in the field of economic, social and cultural rights in the context of this Protocol. 4. The provisions of this article shall not affect the obligation of each State Party to comply with its obligations under the Covenant.
Article 15The annual report
The Committee shall include a summary of its activities under this Protocol in its annual report.
Article 16 Raising awareness and informing
Each State party undertakes to ensure wide information and awareness-raising about the Covenant and the present Protocol and to facilitate access to information on the Committee's views and recommendations, in particular on issues affecting the State party concerned, also in accessible formats for persons with disabilities.
Article 17 Signature, ratification and accession
1. This Protocol shall be open for signature by any State that has signed, ratified or acceded to the Covenant. 2. This Protocol is subject to ratification by any State that has ratified or acceded to the Covenant. The instruments of ratification shall be deposited with the Secretary-General of the United Nations. 3. This Protocol is open for accession by any State that has ratified or acceded to the Covenant. 4. Accession shall be effected by depositing an instrument of accession with the Secretary-General of the United Nations.
Article 18 Entry into force
1. This Protocol shall enter into force three months after the date of deposit with the Secretary-General of the United Nations of the tenth instrument of ratification or accession. 2. For each State that ratifies or accedes to this Protocol after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force three months after the date of deposit of its own instrument of ratification or accession.
Article 19references
1. Any State Party may propose amendments to this Protocol and submit them to the Secretary-General of the United Nations. The Secretary-General shall transmit any proposed amendments to the States Parties with a request to indicate whether they favour convening a meeting of the States Parties for the purpose of considering and deciding on these proposals. If, within four months from the date of such notification, at least one third of the States Parties support the convening of such a meeting, the Secretary-General shall convene the meeting under the auspices of the United Nations. Any amendment adopted by a two-thirds majority vote of the States Parties present and voting shall be submitted by the Secretary-General to the General Assembly for approval and thereafter to all States Parties for adoption. 2. An amendment adopted and approved in accordance with paragraph 1 of this article shall enter into force on the thirtieth day after the number of instruments of acceptance deposited reaches two thirds of the number of States Parties on the date of adoption of the amendment. Thereafter, the amendment shall enter into force for any State Party on the thirtieth day after the deposit of its own instrument of acceptance. The amendment becomes binding only for those States Parties that have accepted it.
Article 20 Denunciation
1. Any State Party may denounce this Protocol at any time by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General. 2. The denunciation shall not preclude the continued application of the provisions of this Protocol to any communication submitted in accordance with articles 2 and 10, or to any procedure initiated in accordance with article 11, prior to the effective date of the denunciation.
Article 21 Notification by the Secretary General
The Secretary-General of the United Nations shall notify all States referred to in article 26, paragraph 1, of the Covenant of: (a) signatures, ratifications and accessions in accordance with this Protocol; (b) the date of entry into force of this Protocol and any amendment in accordance with article 19; (c) any denunciation in accordance with article 20.
Article 22 Official languages
1. The present Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations. 2. The Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States referred to in article 26 of the Covenant.
President
Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
