second line of defence against violations of human rights. The rule requiring the exhaustion of domestic remedies also points to the importance of domestic constitutional and legislative protections for the human rights of members of the armed forces, as discussed in Chapters 6 and 7 of this handbook. Several of the international mechanisms above are discussed in more detail in the chapters that follow, e.g., those dealing with women in the armed forces, as well as ethnic and linguistic minorities. We conclude this chapter, however, by providing an overview of two major UN treaties — the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights — and the major regional human rights treaty relevant to most OSCE participating States: the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. International Covenant on Civil and Political Rights Art. 2 of the International Covenant on Civil and Political Rights (ICCPR) obliges states parties to respect and to ensure to everyone within their territory and subject to their jurisdiction the rights recognized in the Covenant, without distinction of any kind. States parties also undertake to take the necessary steps, to adopt any laws or other measures that may be necessary to give effect to these rights. States also undertake to ensure that any person whose Covenant rights or freedoms are violated will have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity. They must also ensure that any person claiming such a remedy will have their right to such a remedy determined by competent judicial, administrative, or legislative authorities, or by any other competent authority provided for by the legal system of the state, and they undertake to develop the possibilities of judicial remedy. Finally, they undertake to ensure that the competent authorities will enforce such remedies when granted. The Human Rights Committee set up under the ICCPR monitors measures adopted by states parties in implementing their obligations under the Covenant (Art. 28.1). This Committee, or monitoring body, is comprised of 18 experts “of high moral character and recognized competence in the field of human rights”, elected by states parties (Arts. 29-39). States parties are required to submit a report to the Secretary-General of the United Nations, for consideration by the Committee, on the various measures adopted in order to meet the objectives of the Covenant. States parties are required to do this within one year of the Covenant entering into force in a particular state party and, thereafter, at any time the Committee so requests (Art. 40). It is also possible for one state party to refer another state party to the Committee if it believes that that state party is not giving effect to the provisions of the Convention (Art. 41).40 Under the First Optional Protocol to the ICCPR, it is possible for an individual to petition the Human Rights Committee. If the Committee finds that a state party has violated the 40  The Committee may only take action if the state party being reported has made a declaration recognizing the Committee as competent to hear complaints that it has failed in its obligations (Art. 41.1). Arts. 41 and 42 go on to deal with the process. In brief, the stages are as follows: 1. Written communication from the complaining state party to the receiving state party. Within three months, the receiving state party should reply to the complaining state party (Art. 41.1). 2. If no solution is found within six months, then either state party may refer the matter to the Committee (Art. 41.1.b). 3. The Committee shall only deal with the matter once it has obtained all the relevant information from the states parties concerned (Art. 41.1.c). 4. The Committee shall produce a report within 12 months of the matter being referred to it (Art. 41.1.h). 5. The report shall contain all the pertinent facts and the solution to the matter in hand (Art. 41.1.h.ii). Should no satisfactory solution be found after this process, then the Committee may appoint an ad hoc conciliation commission of five members agreeable to all concerned parties. This commission will then produce its own report, adopting a procedure very similar in nature to that outlined above. 39 Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel