ADOPTION OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

1. Introduction: What the ICCPR Is and Why It Matters

The International Covenant on Civil and Political Rights (ICCPR) is a vital international treaty aimed at
safeguarding and promoting civil and political rights around the globe. It was adopted by the United
Nations General Assembly back in 1966 and officially came into effect in 1976. (United Nations Human
Rights, 2019)

The ICCPR plays a crucial role in safeguarding essential human rights, including: The right to life
(Article 6), The freedoms of speech, assembly, and religion (Articles 19, 21, 18), The right to equality
before the law (Article 26). (International Covenant on Civil and Political rights, 1966)

This covenant is important because it lays out universal standards for civil and political freedoms, urging
nations to uphold these values on a global scale.

2. Historical Context

In the wake of the horrors of World War II, the global community started to realize just how crucial it was
to establish legally binding agreements that would safeguard human rights for everyone. In 1948, the
Universal Declaration of Human Rights (UDHR) was put into place as a guiding framework, though it
wasn’t legally binding. Understanding the importance of enforceable laws, the United Nations kicked off
discussions aimed at creating covenants that would hold countries accountable for upholding human
rights. Thus this led to the idea of the creation of a treaty among member states to help protect, respect
and promote political and civil rights, as well as economic, cultural and social rights.

3. Origin and drafting of the ICCPR

(United Nations, 2019). The journey of drafting the ICCPR kicked off in the 1940s, led by the United
Nations Commission on Human Rights with Eleanor Roosevelt at the helm. It was a long and intricate
process, showcasing the varied viewpoints of UN member states. The main objectives were to:

- Turn the principles of the UDHR into legally binding commitments,

- Separate civil and political rights from economic and social rights, reflecting the ideological divides of
the time.

Throughout the drafting discussions, several key debates emerged, including:

- How far individual rights should extend and what responsibilities states should have,

- The importance of including provisions like self-determination (Article 1) and anti-discrimination

4. Adoption and Entry into Force

Adoption: The ICCPR was officially adopted by the United Nations General Assembly on December 16,
1966. Along with it, the Optional Protocol to the ICCPR was introduced, which allows individuals to
bring complaints about violations to the Human Rights Committee. The ICCPR officially took effect on
March 23, 1976, after 35 member states ratified the covenant.
Since then, over countries have ratified the covenant, showcasing its broad acceptance as a global
benchmark for safeguarding civil and political rights. By ratifying the ICCPR, countries pledge to
implement its provisions within their own borders and to keep the Human Rights Committee updated on
their progress.

5. Key provisions

The ICCPR was established with the principles proclaimed in the Charter of the United Nations and thus
recognizes that foundations of freedom, justice and peace on a global scale only result from
acknowledgment of inherent dignity and of the equal and inalienable rights of all members of the human
family. The ICCPR thus aims to create conditions where everyone can enjoy his/her civil and political
rights as well as their economic, social and cultural rights. (International Covenant on Civil and Political
Rights, 1966)

The treaty through Articles 1 to 30 clearly imposes obligations on state parties to promote, respect and
protect a wide range of civil and political rights including the right to life, freedom of speech, freedom of
assembly and even right to a fair trial whilst prohibiting practices such as torture and slavery among
member states.

6. Impact and implementation

The ICCPR together with the UDHR and ICESCR are considered the International Bill of Human Rights
and has a significant impact in protecting civil and political rights globally. The ICCPR compels
governments to take administrative, judicial and legislative measures in order to protect the rights
enshrined in the treaty. This has led to development of national laws among member states and numerous
citing of the ICCPR in Civil and Political Rights Judicial disputes.

To monitor the implementation of the ICCPR, the Human Rights Committee was established. The
Committee examines reports from member states and seeks to address its concerns and provide
recommendations regarding the matters provided. (American Civil Liberties Union, 2013).

7. Criticism and Reforms

The ICCPR also faces some challenges such as a lack of political will among member states to comply
with the treaty provisions and insufficient resources to run bodies such as the Human Rights Committee.
These challenges have largely affected the effectiveness of the ICCPR among member states for which it
has faced large criticism. Reforms to this criticism would be to find more effective mechanisms for the
ICCPR such as reliance on the UN to provide political pressure on member states that do not wish to
comply with the ICCPR provisions.
Reference list

 American Civil Liberties Union. (2013). The Covenant on Civil and Political Rights (ICCPR).
https://www.aclu.org/documents/faq-covenant-civil-political-rights-iccpr
 International Covenant on Civil and Political Rights. (1966).
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-
political-rights
 United Nations. (2019). https://www.ohchr.org/en/treaty-bodies/ccpr/background-international-
covenant-civil-and-political-rights-and-optional-protocols
 United Nations Human Rights. (2019). https://www.ohchr.org/en/treaty-bodies/ccpr/background-
international-covenant-civil-and-political-rights-and-optional-protocols