CCPR/C/21/Rev.1/Add.8/Rev.1
page 2
denunciation of or withdrawal from the Covenant itself. Moreover, the
Optional Protocol to the Covenant, negotiated and adopted contemporaneously
with it, permits States parties to denounce it. Additionally, by way of
comparison, the International Convention on the Elimination of All Forms of
Racial Discrimination, which was adopted one year prior to the Covenant,
expressly permits denunciation. It can therefore be concluded that the
drafters of the Covenant deliberately intended to exclude the possibility of
denunciation. The same conclusion applies to the Second Optional Protocol in
the drafting of which a denunciation clause was deliberately omitted.
3.
Furthermore, it is clear that the Covenant is not the type of treaty
which, by its nature, implies a right of denunciation. Together with the
simultaneously prepared and adopted International Covenant on Economic, Social
and Cultural Rights, the Covenant codifies in treaty form the universal human
rights enshrined in the Universal Declaration of Human Rights, the three
instruments together often being referred to as the “International Bill of
Human Rights”. As such, the Covenant does not have a temporary character
typical of treaties where a right of denunciation is deemed to be admitted,
notwithstanding the absence of a specific provision to that effect.
4.
The rights enshrined in the Covenant belong to the people living in the
territory of the State party. The Human Rights Committee has consistently
taken the view, as evidenced by its long-standing practice, that once the
people are accorded the protection of the rights under the Covenant, such
protection devolves with territory and continues to belong to them,
notwithstanding change in government of the State party, including
dismemberment in more than one State or State succession or any subsequent
action of the State party designed to divest them of the rights guaranteed by
the Covenant.
5.
The Committee is therefore firmly of the view that international law
does not permit a State which has ratified or acceded or succeeded to the
Covenant to denounce it or withdraw from it.
-----