CCPR/C/21/Rev.1/Add.11
page 7
for instance by extending the duration of a state of emergency. The requirement of immediate
notification applies equally in relation to the termination of derogation. These obligations have
not always been respected: States parties have failed to notify other States parties, through the
Secretary-General, of a proclamation of a state of emergency and of the resulting measures of
derogation from one or more provisions of the Covenant, and States parties have sometimes
neglected to submit a notification of territorial or other changes in the exercise of their
emergency powers.10’Sometimes, the existence of a state of emergency and the question of
whether a State party has derogated from provisions of the Covenant have come to the attention
of the Committee only incidentally, in the course of the consideration of a State party’s report.
The Committee emphasizes the obligation of immediate international notification whenever a
State party takes measures derogating from its obligations under the Covenant. The duty of the
Committee to monitor the law and practice of a State party for compliance with article 4 does not
depend on whether that State party has submitted a notification.
Notes
1
See the following comments/concluding observations: United Republic of Tanzania (1992),
CCPR/C/79/Add.12, para. 7; Dominican Republic (1993), CCPR/C/79/Add.18, para. 4;
United Kingdom of Great Britain and Northern Ireland (1995), CCPR/C/79/Add.55, para. 23;
Peru (1996), CCPR/C/79/Add.67, para. 11; Bolivia (1997), CCPR/C/79/Add.74, para. 14;
Colombia (1997), CCPR/C/79/Add.76, para. 25; Lebanon (1997), CCPR/C/79/Add.78, para. 10;
Uruguay (1998), CCPR/C/79/Add.90, para. 8; Israel (1998), CCPR/C/79/Add.93, para. 11.
2
See, for instance, articles 12 and 19 of the Covenant.
3
See, for example, concluding observations on Israel (1998), CCPR/C/79/Add.93, para. 11.
4
See the following comments/concluding observations: Dominican Republic (1993),
CCPR/C/79/Add.18, para. 4; Jordan (1994) CCPR/C/79/Add.35, para. 6; Nepal (1994)
CCPR/C/79/Add.42, para. 9; Russian Federation (1995), CCPR/C/79/Add.54, para. 27; Zambia
(1996), CCPR/C/79/Add.62, para. 11; Gabon (1996), CCPR/C/79/Add.71, para. 10; Colombia
(1997) CCPR/C/79/Add.76, para. 25; Israel (1998), CCPR/C/79/Add.93, para. 11; Iraq (1997),
CCPR/C/79/Add.84, para. 9; Uruguay (1998) CCPR/C/79/Add.90, para. 8; Armenia (1998),
CCPR/C/79/Add.100, para. 7; Mongolia (2000), CCPR/C/79/Add.120, para. 14; Kyrgyzstan
(2000), CCPR/CO/69/KGZ, para. 12.
5
Reference is made to the Convention on the Rights of the Child which has been ratified by
almost all States parties to the Covenant and does not include a derogation clause. As article 38
of the Convention clearly indicates, the Convention is applicable in emergency situations.
6
Reference is made to reports of the Secretary-General to the Commission on Human Rights
submitted pursuant to Commission resolutions 1998/29, 1996/65 and 2000/69 on minimum
humanitarian standards (later: fundamental standards of humanity), E/CN.4/1999/92,
E/CN.4/2000/94 and E/CN.4/2001/91, and to earlier efforts to identify fundamental rights
applicable in all circumstances, for instance the Paris Minimum Standards of Human Rights
Norms in a State of Emergency (International Law Association, 1984), the Siracusa Principles