The Individual Communication System:- In
this connection, the Individual Communication System has been placed in the First
Optional Protocol to the International
Covenant in relation to the Civil and Political Rights, 1966. This system has
been considered in the protocol for the implementation of the human rights as
contained in the International Covenant on Civil and Political Rights, 1966 &
also for getting the achievements with regard to the purposes of the covenant.
This protocol in the view of appropriation enables the human rights committee
as mentioned in the Part -04 of the covenant for receiving & considering
the communication (s) from individual (s) who are claiming to be victim (s) of
violations of any of the human rights embodied in the above said Covenant.[1]
The required details of the protocol have been elaborated hereinbefore in this
chapter therefore the repetition is not convenient over here. The Individual
Communication System is as under: -
The Party of the Covenant & this Protocol and the Recognizance
& Competence of the Human Rights Committee:-
The State (s) member must be the party of the aforesaid International Covenant
and this Protocol to avail this Individual Communication System; such a State
(s) member will provide the recognizance & competence of the Human rights
committee for receiving & considering the communication (s) from individual
(s) under its jurisdiction who claims to become the victim (s) of violation (s)
of human rights by that the State party for any rights of the Covenant but the
Committee shall not receive any communication (s) of the State (s) member which
is not the party of this Protocol and the Covenant.[2]
In respect of Domestic Remedies:- under
the aforesaid provisions, the Individual (s) who are the claimant (s) of the
violation of human right (s) of the Covenant, the Individual (s) must have
availed all the available domestic remedies, namely the domestic remedies must
be exhausted consequently such Individual (s) as a claimant (s) may submit the
communication (s) in writing to the committee for the consideration.[3]
Inadmissibility of the Communication (s) by the Committee:- the
communication (s) shall not be considered by the Committee and shall be
inadmissible as- if the communication (s) is anonymous or if the communication
(s) is the abuse of the rights of the submission or the communication (s) is
irrelevant to with the provisions of the Covenant.[4]
The Attention of the State (s) member:- under
the provisions of article 03, the committee shall bring any aforesaid
communication (s) as submitted to it under this protocol to the attention of
the State (s) member imposed allegations of the violation of the rights as
contained in the covenant.[5]
The Clarification(s) with regard to the matter by the
Receiving State (s) member:- In this connection, the
Receiving State (s) member shall provide the clarification (s), in writing by
the explanations or the statements by submission as to the matter & remedy
if any which may have been taken by the state member within six months.[6]
The Consideration by the Committee:- In
this respect, the received communication (s) under this protocol shall be
considered by the committee on the basis of all the written pieces of
information which were produced and
caused to available by the Individual (s) & the state (s) member.[7]
The Condition (s) of the Committee for Consideration of the
matter or Communication (s):- The Committee before
Consideration of the matter or Communication (s) of Individual (s) shall ensure
or ascertain that the same the matter or Communication (s) is not pending or
sub-judiced for examination before any International Investigation or Settlement
Institution & the Individual (s) has availed all the domestic remedies
which are now exhausted and the application for remedies is not unreasonable
prolonged[8]
With regard to this, the closed meetings shall be held by the committee when
the matter or communication is under examination, subjecting to this protocol.[9]
The Views of the Committee:- In
relation to this, the Views of the Committee shall be forwarded to the State
(s) member and the Individual (s) respective.[10]
Conclusion: -
In
the conclusion of all aforesaid, it can be said that the conception of human
rights is one most significant subjects or branches of the International Law
without the same, the International Law is incomplete, insignificant &
fruitless. Human rights are the fundamental & basic rights for all without
having any kind distinctions. The human rights came in to the existence after
the unlimited struggles, contributions & sacrifices. The human rights have
gone down the history in worldwide for the welfare of world human being, living
creatures and this creation. In this regard, many instruments with regard to
the human rights have been adopted by U.N.O. which is highly worth
appreciating. In today’s world, the United Nations are functioning &
playing the vital role for protection, promotion respect, observance &
preservation of human rights and the fundamental freedoms. The International
enforcement system for the implementation of human rights is also available. In
this connection, the United Nations Organization, its agencies or special
agencies and The International enforcement system of human rights mainly
function & base on the principle of sovereignty equality of all State (s)
Member.[11]
The Universal declaration of human rights (U.D.H.R., 1948) is the recognition,
reaffirmation, consideration, specialization of the U.N. charter by which the
charter with special reference to human rights has been specialized with the
help of this declaration. The charter of United Nation is also one of the
authoritative & written documents of the Human rights. This declaration is
also the extension or explanation or clarification of the charter as to human
rights which provide the common standard of achievement (s) for all persons
& Nations for life. Moreover in this respect, the international Covenant on
Civil & Political Rights 1966 (I.C.C.P.R., 1966) &the international
Covenant on Economic, Social & Cultural Rights, 1966 (I.C.E.S.C.R., 1966)
these both Covenants are specialized form, explanation, clarification, specific
extension of the aforesaid U.D.H.R., 1948. The human rights which as contained
in the declaration which considered, recognized, realized in the both above
said Covenants also with the specific view (s) of The U.N. charter. The
aforesaid U.D.H.R., 1948 evidently reveals that, this declaration is salient in
respect of the International Enforcement system with specialization according
to the classification of the mentioned various rights in it due to its
universal nature & other connected things but in both the Covenants, the
International enforcement system has been placed as described hereinbefore. On
perusal of the International Bill of human rights which shows that some rights
are not found in the Covenants in accordance with the U.D.H.R., 1948 & some
rights also are not found in the U.D.H.R., 1948 which as mentioned under both
the covenants. It is highly worth praising that the human rights have been
covered with in the main purposes and principles of the United Nations
Organization it is also a matter of pride for all. The International
enforcement system of human rights is not as empowered as required in according
to the time, circumstances, necessities, people and other connected things with
this therefore it is highly required for the more empowerment in the interest
and welfare of all worldwide.
In
today’s context, the conditions of human rights are the worst at the
international level in spite of the existence of the International enforcement
system of human rights & other related things, the deprival from life and
personal liberty of human is very common even openly or broad day light,
subjecting to the all justified exceptions, criticisms, time, circumstances,
situations and other things relevant with it so many reasons or causes are
behind the same. The terrorism has destructed the human, humanity and human
rights openly, fiercely; most seriously, unlimited violations seriously of
human rights are being and have been seen at the international level or
worldwide which have given or are giving the untold sorrows, pains & other
unlimited & unexpressed serious things to whole mankind or human being
which can not be expressed by any of the languages or words. In despite of all
still, the absolute denials in respect of the protection, promotion, respect,
preservation and others similar things of human rights can not be accorded or
accepted in any case, subject to exceptions but the implementation, protection
and development of human rights are not found as required as in accordance with
the necessities, requirements of people & Nations, need of hour, situations
time circumstances and other things for the interest & welfare of world
human, living creatures and this creation beyond all kinds of distinctions,
discriminations and biases to save human, humanity & the natural creation of
God at the International level or worldwide.
[1] The Preamble of the First Optional Protocol to the International
Covenant in relation to the Civil and Political Rights, 1966
[2]Article
01 of Ibid
[3]Article
02 of Ibid
[4]Article
03 of Ibid
[5]Article
04(1) of Ibid
[6]Article
04(2) of Ibid
[7]Article
05(1) of Ibid
[8]Article
05(2) of Ibid
[9]Article
05(3) of Ibid
[10]Article 05(4) of Ibid
[11]Article 02(1) of the U.N.
Charter
