provisions it has derogated from and of the reasons for such measures. Such
notification is essential not only for the discharge of the Committee’s functions, in
particular in assessing whether the measures taken by the State party were strictly
required by the exigencies of the situation, but also to permit other States parties to
monitor compliance with the provisions of the Covenant. In view of the summary
character of many of the notifications received in the past, the Committee emphasizes
that the notification by States parties should include full information about the
measures taken and a clear explanation of the reasons for them, with full
documentation attached regarding their law. Additional notifications are required if
the State party subsequently takes further measures under article 4, 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.
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;
106
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents