On the ratification of the Optional Protocol to the International Covenant on Civil and Political Rights

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The Law of the Republic of Kazakhstan dated February 11, 2009 No. 130-IV

To ratify the Optional Protocol to the International Covenant on Civil and Political Rights of December 16, 1966, signed on behalf of the Republic of Kazakhstan on September 25, 2007, with the following statement: "The Republic of Kazakhstan, in accordance with article 1 of the Optional Protocol, recognizes the competence of the Human Rights Committee to receive and consider communications from individuals subject to the jurisdiction of the Republic of Kazakhstan, in relation to actions and omissions of public authorities in relation to acts or decisions adopted by them, which occurred after the date of entry into force of this Optional Protocol for the Republic of Kazakhstan.".

President of the Republic of Kazakhstan N. Nazarbayev

OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

UNITED NATIONS 1967

The States Parties to this Protocol, bearing in mind that, in order to further achieve the objectives of the Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and to implement its provisions, it would be advisable to give the Human Rights Committee established under Part IV of the Covenant (hereinafter referred to as the Committee) the opportunity to adopt and consider, as provided In the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant have agreed as follows:

Article 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 from individuals subject to its jurisdiction who claim to be victims of a violation by that State party of any of the rights set forth in the Covenant. No communication shall be accepted by the Committee if it concerns a State party to the Covenant that is not a party to the present Protocol.

Article 2

Subject to the provisions of article 1, persons who claim that any of their rights enumerated in the Covenant have been violated and who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration.

Article 3

The Committee may declare inadmissible any communication submitted under the present Protocol that is anonymous or that, in its opinion, constitutes an abuse of the right to submit such communications or is incompatible with the provisions of the Covenant.

Article 4

1. Subject to the provisions of article 3, the Committee shall bring any communication submitted to it under the present Protocol to the attention of a State Party to the present Protocol that is alleged to be in violation of any provision of the Covenant. 2. The notified State shall, within six months, submit to the Committee written explanations or statements clarifying the matter and any measures, if any, that may have been taken by that State.

Article 5

1. The Committee shall consider communications received under the present Protocol in the light of all written information made available to it by the individual and the State party concerned. 2. The Committee shall not consider any communications from individuals until it is satisfied that: (a) the same matter is not being examined under another procedure of international investigation or settlement; (b) the individual has exhausted all available domestic remedies. This rule does not apply in cases where the use of such funds is unreasonably prolonged. 3. When considering communications provided for in this Protocol, the Committee shall hold closed meetings. 4. The Committee shall communicate its views to the State party concerned and to the individual.

Article 6

The Committee shall include in its annual report provided for in article 45 of the Covenant a summary of its activities under the present Protocol.

Article 7

Pending the achievement of the objectives of resolution 1514 (XV), adopted by the United Nations General Assembly on December 14, 1960, regarding the Declaration on the Granting of Independence to Colonial Countries and Peoples, the provisions of this Protocol in no way restrict the right to petition granted to these peoples by the Charter of the United Nations and other international conventions and instruments of the United Nations and its specialized institutions.

Article 8

1. This Protocol is open for signature by any signatory State 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. 5. The Secretary-General of the United Nations shall notify all signatory or acceding States of the deposit of each instrument of ratification or accession.

Article 9

1. Subject to the entry into force of the Covenant, 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, this Protocol shall enter into force three months after the date of deposit of its own instrument of ratification or accession.

Article 10

The provisions of this Protocol shall apply to all parts of the federal States without any restrictions or exceptions.

Article 11

1. Any State Party to this Protocol may propose amendments and submit them to the Secretary-General of the United Nations. The Secretary-General shall then transmit any proposed amendments to the States Parties to this Protocol with a request to inform him whether they favour the convening of a conference of the States Parties for the purpose of considering and voting on the proposal. If at least one third of the participating States support the convening of such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at that Conference shall be submitted to the General Assembly of the United Nations for approval. 2. Amendments shall enter into force upon approval by the General Assembly of the United Nations and acceptance by a two-thirds majority of the States Parties to this Protocol in accordance with their constitutional procedures. 3. When amendments enter into force, they shall become binding on those States Parties that have accepted them, while the provisions of this Protocol and any previous amendments that they have adopted shall remain binding on other States Parties.

Article 12

1. Each 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 three months after the date of receipt of this 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 article 2 prior to the effective date of the denunciation.

Article 13

Notwithstanding notifications made in accordance with paragraph 5 of article 8 of this Protocol, the Secretary-General of the United Nations shall notify all States referred to in paragraph 1 of article 48 of the Covenant of the following: (a) signatures, ratifications and accessions in accordance with article 8; (b) the date of entry into force of this Protocol in accordance with article 9 and the date of entry into force of any amendments pursuant to article 11; (c) Denunciations pursuant to article 12.

Article 14

1. The present Protocol, of which the 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 48 of the Covenant.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Protocol, which shall be opened for signature at New York on the nineteenth day of December, one thousand nine hundred and sixty-sixth.

For Afghanistan For Albania For Algeria For Argentina For Australia For Austria For Barbados For Belgium For Bolivia For Botswana For Brazil For Bulgaria For Burma For Burundi For the Belarusian Soviet Socialist Republic For Cambodia For Cameroon For Canada For the Central African Republic For Ceylon For Chad For Chile For China For Colombia For Congo (Brazzaville) For the Democratic Republic of the Congo, For Costa Rica, For Cuba For Cyprus For Czechoslovakia For Dahomey For Denmark For the Dominican Republic For Ecuador For El Salvador For Ethiopia For the Federal Republic of Germany For Finland For France For Gabon For Gambia For Ghana For Greece For Guatemala For Guinea For Guiana For Haiti For the Holy See For Honduras For Hungary For Iceland For India For Indonesia For Iran For Iraq For Ireland For Israel For Italy For the Coast For Jamaica For Japan For Jordan For Kenya For Kuwait For Laos For Lebanon For Lesotho For Liberia For Libya For Liechtenstein For Luxembourg For Madagascar For Malawi For the Malay Federation For the Maldives For Mali For Malta For Mauritania For Mexico For Monaco For Mongolia For Morocco For Nepal For The Netherlands For New Zealand For Nicaragua For Niger For Nigeria For Norway For Pakistan For Panama For Paraguay For Peru For the Philippines For Poland For Portugal For the Republic of Korea For the Republic of Vietnam For Romania For Rwanda For San Marino For Saudi Arabia For Senegal For Sierra Leone For Singapore For Somalia For South Africa For Spain For Sudan For Sweden For Switzerland For Syria For Thailand For Togo For Trinidad and Tobago For Tunisia For Turkey For Uganda For the Ukrainian Soviet The Socialist Republic For the Union of Soviet Socialist Republics For the United Arab Republic For the United Kingdom of Great Britain and Northern Ireland For the United Republic of Tanzania For the United States of America For Upper Volta For Uruguay For Venezuela For Western Samoa For Yemen For Yugoslavia For Zambia

I hereby certify that this text is a true copy of a certified copy of the Optional Protocol to the International Covenant on Civil and Political Rights, adopted on December 16, 1966.

Head of the International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan Zh. Bukhbantaev

The RCPI's note. The following is the text of the Optional Protocol in Chinese, English, French and Spanish.

President

Republic of Kazakhstan

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