CVN/CERD CVN_CERD_E.doc (English)	CVN/CERD CVN_CERD_C.doc (Chinese)
[ENG] CVN_CERD_E.doc	[CHI] CVN_CERD_C.doc [~]
[ENG] International Convention on the Elimination of All Forms of Racial Discrimination	[CHI] 消除一切形式种族歧视国际公约 [~]
[ENG] Adopted by General Assembly resolution 2106 A (XX) of 21 December 1965	[CHI] Adopted by General Assembly resolution 2106 A (XX) of 21 December 1965 [~]
[ENG] Entry into force: 4 January 1969	[CHI] Entry into force: 4 January 1969 [~]
[ENG] Text: United Nations, Treaty Series , vol. 660, p. 195.	[CHI] Text: United Nations, Treaty Series , vol. 660, p. 195. [~]
[ENG] The States Parties to this Convention,	[CHI] 本公约缔约国， [~]
[ENG] Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action, in co-operation with the Organization, for the achievement of one of the purposes of the United Nations which is to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,	[CHI] 鉴于联合国宪章系以全体人类天赋尊严与平等的原则为基础，所有会员国均担允采取共同及个别行动与本组织合作，以达成联合国宗旨之一，即不分种族、性别、语言或宗教，增进并激励对于全体人类的人权及基本自由的普遍尊重与遵守， [~]
[ENG] Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin,	[CHI] 鉴于世界人权宣言宣示人皆生而自由，在尊严及权利上均各平等，人人有权享受该宣言所载的一切权利与自由，无分轩轾，尤其不因种族、肤色或民族而分轩轾， [~]
[ENG] Considering that all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination,	[CHI] 鉴于人人在法律上悉属平等并有权享受法律的平等保护，以防止任何歧视及任何煽动歧视的行为， [~]
[ENG] Considering that the United Nations has condemned colonialism and all practices of segregation and discrimination associated therewith, in whatever form and wherever they exist, and that the Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960 (General Assembly resolution 1514 (XV)) has affirmed and solemnly proclaimed the necessity of bringing them to a speedy and unconditional end,	[CHI] 鉴于联合国已谴责殖民主义及与之并行的所有隔离及歧视习例，不论其所采形式或所在地区为何，又1960年12月14日给予殖民地国家和人民独立宣言(大会第1514(XV)号决议)已确认并郑重宣示有迅速无条件终止此类习例的必要， [~]
[ENG] Considering that the United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963 (General Assembly resolution 1904 (XVIII)) solemnly affirms the necessity of speedily eliminating racial discrimination throughout the world in all its forms and manifestations and of securing understanding of and respect for the dignity of the human person,	[CHI] 鉴于1963年11月20日联合国消除一切形式种族歧视宣言(大会第1904(XVIII)号决议)郑重宣告迅速消除全世界一切种族歧视形式及现象及确保对人格尊严的了解与尊重，实属必要， [~]
[ENG] Convinced that any doctrine of superiority based on racial differentiation is scientifically false, morally condemnable, socially unjust and dangerous, and that there is no justification for racial discrimination, in theory or in practice, anywhere,	[CHI] 深信任何基于种族差别的种族优越学说，在科学上均属错误，在道德上应予谴责，在社会上均属失平而招险，无论何地，理论上或实践上的种族歧视均无可辩解， [~]
[ENG] Reaffirming that discrimination between human beings on the grounds of race, colour or ethnic origin is an obstacle to friendly and peaceful relations among nations and is capable of disturbing peace and security among peoples and the harmony of persons living side by side even within one and the same State,	[CHI] 重申人与人间基于种族、肤色或人种的歧视，为对国际友好和平关系的障碍，足以扰乱民族间的和平与安全，甚至共处于同一国内的人与人间的和谐关系， [~]
[ENG] Convinced that the existence of racial barriers is repugnant to the ideals of any human society,	[CHI] 深信种族壁垒的存在为任何人类社会理想所嫉恶， [~]
[ENG] Alarmed by manifestations of racial discrimination still in evidence in some areas of the world and by governmental policies based on racial superiority or hatred, such as policies of apartheid, segregation or separation,	[CHI] 怵于世界若干地区仍有种族歧视的现象，并怵于基于种族优越或种族仇恨的政府政策，诸如“种族隔离”、分隔或分离政策， [~]
[ENG] Resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations, and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build an international community free from all forms of racial segregation and racial discrimination,	[CHI] 决心采取一切必要措施迅速消除一切种族歧视形式及现象，防止并打击种族学说及习例，以期促进种族间的谅解，建立毫无任何形式的种族隔离与种族歧视的国际社会， [~]
[ENG] Bearing in mind the Convention concerning Discrimination in respect of Employment and Occupation adopted by the International Labour Organisation in 1958, and the Convention against Discrimination in Education adopted by the United Nations Educational, Scientific and Cultural Organization in 1960,	[CHI] 念及1958年国际劳工组织所通过关于就业及职业歧视公约与1960年联合国教育、科学及文化组织所通过取缔教育歧视公约， [~]
[ENG] Desiring to implement the principles embodied in the United Nations Declaration on the Elimination of Al l Forms of Racial Discrimination and to secure the earliest adoption of practical measures to that end,	[CHI] 亟欲实施联合国消除一切形式种族歧视宣言所载的原则并确保为此目的尽早采取实际措施， [~]
[ENG] Have agreed as follows:	[CHI] 爰议定条款如下： [~]
[ENG] PART I	[CHI] 第 一 部 分 [~]
[ENG] Article I	[CHI] 第 一 条 [~]
[ENG] 1. In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.	[CHI] 一、本公约称“种族歧视”者，谓基于种族、肤色、世系或民族或人种的任何区别、排斥、限制或优惠，其目的或效果为取消或损害政治、经济、社会、文化或公共生活任何其他方面人权及基本自由在平等地位上的承认、享受或行使。 [~]
[ENG] 2. This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.	[CHI] 二、本公约不适用于缔约国对公民与非公民间所作的区别、排斥、限制或优惠。 [~]
[ENG] 3. Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.	[CHI] 三、本公约不得解释为对缔约国关于国籍、公民身分或归化的法律规定有任何影响，但以此种规定不歧视任一籍民为限。 [~]
[ENG] 4. Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.	[CHI] 四、专为使若干须予必要保护的种族或民族团体或个人获得充分进展而采取的特别措施以期确保此等团体或个人同等享受或行使人权及基本自由者，不得视为种族歧 视，但此等措施的后果须不致在不同种族团体间保持各别行使的权利，且此等措施不得于所定目的达成后继续实行。 [~]
[ENG] Article 2	[CHI] 第 二 条 [~]
[ENG] 1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end:	[CHI] 一、缔约国谴责种族歧视并承诺立即以一切适当方法实行消除一切形式种族歧视与促进所有种族间的谅解的政策，又为此目的： [~]
[ENG] (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to en sure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;	[CHI] (子) 缔约国承诺不对人、人群或机关实施种族歧视行为或习例，并确保所有全国性及地方性的公共当局及公共机关均遵守此项义务行事； [~]
[ENG] (b) Each State Party undertakes not to sponsor, defend or support racial discrimination by any persons or organizations;	[CHI] (丑) 缔约国承诺对任何人或组织所施行的种族歧视不予提倡、维护或赞助； [~]
[ENG] (c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists;	[CHI] (寅) 缔约国应采取有效措施对政府及全国性与地方性的政策加以检查，并对任何法律规章足以造成或持续不论存在于何地的种族歧视者，予以修正、废止或宣告无效； [~]
[ENG] (d) Each State Party shall prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization;	[CHI] (卯) 缔约国应以一切适当方法，包括依情况需要制定法律，禁止并终止任何人、任何团体或任何组织所施行的种族歧视； [~]
[ENG] (e) Each State Party undertakes to encourage, where appropriate, integrationist multiracial organizations and movements and other means of eliminating barriers between races, and to discourage anything which tends to strengthen racial division.	[CHI] (辰) 缔约国承诺于适当情形下鼓励种族混合主义的多种族组织与运动，以及其他消除种族壁垒的方法，并劝阻有加深种族分野趋向的任何事物。 [~]
[ENG] 2. States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case en tail as a con sequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved.	[CHI] 二、缔约国应于情况需要时在社会、经济、文化及其他方面，采取特别具体措施确保属于各该国的若干种族团体或个人获得充分发展与保护，以期保证此等团体与个 人完全并同等享受人权及基本自由，此等措施于所定目的达成后，绝不得产生在不同种族团体间保持不平等或个别行使权利的后果。 [~]
[ENG] Article 3	[CHI] 第 三 条 [~]
[ENG] States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction.	[CHI] 缔约国特别谴责种族分隔及“种族隔离”并承诺在其所辖领土内防止、禁止并根除具有此种性质的一切习例。 [~]
[ENG] Article 4	[CHI] 第 四 条 [~]
[ENG] States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this Convention, inter alia:	[CHI] 缔约国对于一切宣传及一切组织，凡以某一种族或属于某一肤色或人种的人群具有优越性的思想或理论为根据者，或试图辩护或提倡任何形式的种族仇恨及歧视者， 概予谴责，并承诺立即采取旨在根除对此种歧视的一切煽动或歧视行为的积极措施，又为此目的，在充分顾及世界人权宣言所载原则及本公约第五条明文规定的权利 的条件下，除其他事项外： [~]
[ENG] (a) Shall declare an offence punishable by law all dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination, as well as all acts of violence or incitement to such acts against any race or group of persons of another colour or ethnic origin, and also the provision of any assistance to racist activities, including the financing thereof;	[CHI] (子) 应宣告凡传播以种族优越或仇恨为根据的思想，煽动种族歧视，对任何种族或属于另一肤色或人种的人群实施强暴行为或煽动此种行为，以及对种族主义者的活动给予任何协助者，包括筹供经费在内，概为犯罪行为，依法惩处； [~]
[ENG] (b) Shall declare illegal and prohibit organizations, and also organized and all other propaganda activities, which promote and incite racial discrimination, and shall recognize participation in such organizations or activities as an offence punishable by law;	[CHI] (丑) 应宣告凡组织及有组织的宣传活动与所有其他宣传活动的提倡与煽动种族歧视者，概为非法，加以禁止，并确认参加此等组织或活动为犯罪行为，依法惩处； [~]
[ENG] (c) Shall not permit public authorities or public institutions, national or local, to promote or incite racial discrimination.	[CHI] (寅) 应不准全国性或地方性公共当局或公共机关提倡或煽动种族歧视。 [~]
[ENG] Article 5	[CHI] 第 五 条 [~]
[ENG] In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:	[CHI] 缔约国依本公约第二条所规定的基本义务承诺禁止并消除一切形式种族歧视，保证人人有不分种族、肤色或民族或人种在法律上一律平等的权利，尤得享受下列权利： [~]
[ENG] (a) The right to equal treatment before the tribunals and all other organs administering justice;	[CHI] (子) 在法庭上及其他一切司法裁判机关中平等待遇的权利； [~]
[ENG] (b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;	[CHI] (丑) 人身安全及国家保护的权利以防强暴或身体上的伤害，不问其为政府官员所加抑为任何私人、团体或机关所加； [~]
[ENG] (c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;	[CHI] (寅) 政治权利，其尤著者为依据普遍平等投票权参与选举――选举与竞选――参加政府以及参加处理任何等级的公务与同等服公务的权利； [~]
[ENG] (d) Other civil rights, in particular:	[CHI] (卯) 其他公民权利，其尤著者为： [~]
[ENG] (i) The right to freedom of movement and residence within the border of the State;	[CHI] (1) 在国境内自由迁徙及居住的权利； [~]
[ENG] (ii) The right to leave any country, including one's own, and to return to one's country;	[CHI] (2) 有权离去任何国家，连其本国在内，并有权归返其本国； [~]
[ENG] (iii) The right to nationality;	[CHI] (3) 享有国籍的权利； [~]
[ENG] (iv) The right to marriage and choice of spouse;	[CHI] (4) 缔结婚姻及选择配偶的权利； [~]
[ENG] (v) The right to own property alone as well as in association with others;	[CHI] (5) 单独占有及与他人合有财产的权利； [~]
[ENG] (vi) The right to inherit;	[CHI] (6) 继承权； [~]
[ENG] (vii) The right to freedom of thought, conscience and religion;	[CHI] (7) 思想、良心与宗教自由的权利； [~]
[ENG] (viii) The right to freedom of opinion and expression;	[CHI] (8) 主张及表达自由的权利； [~]
[ENG] (ix) The right to freedom of peaceful assembly and association;	[CHI] (9) 和平集会及结社自由的权利； [~]
[ENG] (e) Economic, social and cultural rights, in particular:	[CHI] (辰) 经济、社会及文化权利，其尤著者为： [~]
[ENG] (i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;	[CHI] (1) 工作、自由选择职业、享受公平优裕的工作条件、免于失业的保障、同工同酬、获得公平优裕报酬的权利； [~]
[ENG] (ii) The right to form and join trade unions;	[CHI] (2) 组织与参加工会的权利； [~]
[ENG] (iii) The right to housing;	[CHI] (3) 住宅权； [~]
[ENG] (iv) The right to public health, medical care, social security and social services;	[CHI] (4) 享受公共卫生、医药照顾、社会保障及社会服务的权利； [~]
[ENG] (v) The right to education and training;	[CHI] (5) 享受教育与训练的权利； [~]
[ENG] (vi) The right to equal participation in cultural activities;	[CHI] (6) 平等参加文化活动的权利； [~]
[ENG] (f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.	[CHI] (巳) 进入或利用任何供公众使用的地方或服务的权利，如交通工具、旅馆、餐馆、咖啡馆、戏院、公园等。 [~]
[ENG] Article 6	[CHI] 第 六 条 [~]
[ENG] States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.	[CHI] 缔约国应保证在其管辖范围内，人人均能经由国内主管法庭及其他国家机关对违反本公约侵害其人权及基本自由的任何种族歧视行为，获得有效保护与救济，并有权就因此种歧视而遭受的任何损失向此等法庭请求公允充分的赔偿或补偿。 [~]
[ENG] Article 7	[CHI] 第 七 条 [~]
[ENG] States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.	[CHI] 缔约国承诺立即采取有效措施尤其在讲授、教育、文化及新闻方面以打击导致种族歧视之偏见，并增进国家间及种族或民族团体间的谅解、容恕与睦谊，同时宣扬联合国宪章之宗旨与原则、世界人权宣言、联合国消除一切形式种族歧视宣言及本公约。 [~]
[ENG] PART II	[CHI] 第 二 部 分 [~]
[ENG] Article 8	[CHI] 第 八 条 [~]
[ENG] 1. There shall be established a Committee on the Elimination of Racial Discrimination (hereinafter referred to as the Committee) consisting of eighteen experts of high moral standing and acknowledged impartiality elected by States Parties from among their nationals, who shall serve in their personal capacity, consideration being given to equitable geographical distribution and to the representation of the different forms of civilization as well as of the principal legal systems.	[CHI] 一、兹设立消除种族歧视委员会(以下简称“委员会”)由德高望重、公认公正的专家十八人组成，由本公约缔约国自其国民中选出，以个人资格任职；选举时须顾及公匀地域分配及各种不同文明与各主要法系的代表性。 [~]
[ENG] 2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties.	[CHI] 二、委员会委员应以无记名投票自缔约国推荐的人员名单中选出。 [~]
[ENG] Each State Party may nominate one person from among its own nationals.	[CHI] 缔约国得各自本国国民中推荐一人。 [~]
[ENG] 3. The initial election shall be held six months after the date of the entry into force of this Convention.	[CHI] 三、第一次选举应自本公约生效之日起六个月后举行。 [~]
[ENG] At least three months before the date of each election the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months.	[CHI] 联合国秘书长应于每次选举日前至少三个月时函请缔约国于两个月内提出其所推荐之人的姓名。 [~]
[ENG] The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties which have nominated them, and shall submit it to the States Parties.	[CHI] 秘书长应将所有如此推荐的人员依英文字母次序，编成名单，注明推荐此等人员的缔约国，分送各缔约国。 [~]
[ENG] 4. Elections of the members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters.	[CHI] 四、委员会委员的选举应在秘书长于联合国会所召开的缔约国会议中举行。 [~]
[ENG] At that meeting, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.	[CHI] 该会议以三分之二缔约国为法定人数，凡得票最多，且占出席及投票缔约国代表绝对多数票者当选为委员会委员。 [~]
[ENG] 5. (a) The members of the Committee shall be elected for a term of four years.	[CHI] 五、(子) 委员会委员任期四年。 [~]
[ENG] However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these nine members shall be chosen by lot by the Chairman of the Committee;	[CHI] 但第一次选举产生的委员中，九人的任期应于两年终了时届满，第一次选举后，此九人的姓名应即由委员会主席抽签决定。 [~]
[ENG] (b) For the filling of casual vacancies, the State Party whose expert has ceased to function as a member of the Committee shall appoint another expert from among its nationals, subject to the approval of the Committee.	[CHI] (丑) 临时出缺时，其专家不复担任委员会委员的缔约国，应自其国民中指派另一专家，经委员会核准后，填补遗缺。 [~]
[ENG] 6. States Parties shall be responsible for the expenses of the members of the Committee while they are in performance of Committee duties.	[CHI] 六、联合国秘书长应向委员会提供履行公约规定的职务所必要的人员和便利。 [~]
[ENG] Article 9 1. States Parties undertake to submit to the Secretary-General of the United Nations, for consideration by the Committee, a report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of this Convention: (a) within one year after the entry into force of the Convention for the State concerned; and	[CHI] 七、根据本公约设立的委员会的委员将经联合国大会批准，按照联合国大会可能决定的条件，从联合国资源中领取津贴。 第 九 条 一、缔约国承诺于(子)本公约对其本国开始生效后一年内，及(丑)其后每两年，并凡遇委员会请求时，就其所采用的实施本公约各项规定的立法、司法、行政或 其他措施，向联合国秘书长提出报告，供委员会审议。 [~]
[ENG] (b) thereafter every two years and whenever the Committee so requests. The Committee may request further information from the States Parties.	[CHI] 委员会得请缔约国递送进一步的情报。 [~]
[ENG] 2. The Committee shall report annually, through the Secretary General, to the General Assembly of the United Nations on its activities and may make suggestions and general recommendations based on the examination of the reports and information received from the States Parties.	[CHI] 二、委员会应按年将工作报告送请秘书长转送联合国大会，并得根据审查缔约国所送报告及情报的结果，拟具意见与一般建议。 [~]
[ENG] Such suggestions and general recommendations shall be reported to the General Assembly together with comments, if any, from States Parties.	[CHI] 此项意见与一般建议应连同缔约国核具的意见，一并提送大会。 [~]
[ENG] Article 10	[CHI] 第 十 条 [~]
[ENG] 1. The Committee shall adopt its own rules of procedure.	[CHI] 一、委员会应自行制订其议事规则。 [~]
[ENG] 2. The Committee shall elect its officers for a term of two years.	[CHI] 二、委员会应自行选举职员，任期两年。 [~]
[ENG] 3. The secretariat of the Committee shall be provided by the Secretary General of the United Nations.	[CHI] 三、委员会的秘书人员应由联合国秘书长供给。 [~]
[ENG] 4. The meetings of the Committee shall normally be held at United Nations Headquarters.	[CHI] 四、委员会会议通常应在联合国会所举行。 [~]
[ENG] Article 11	[CHI] 第 十一 条 [~]
[ENG] 1. If a State Party considers that another State Party is not giving effect to the provisions of this Convention, it may bring the matter to the attention of the Committee.	[CHI] 一、本公约一缔约国如认为另一缔约国未实施本公约的规定，得将此事通知委员会注意。 [~]
[ENG] The Committee shall then transmit the communication to the State Party concerned.	[CHI] 委员会应将此项通知转知关系缔约国。 [~]
[ENG] Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.	[CHI] 收文国应于三个月内，向委员会提出书面说明或声明，以解释此事，如已采取补救办法并说明所采办法。 [~]
[ENG] 2. If the matter is not adjusted to the satisfaction of both parties, either by bilateral negotiations or by any other procedure open to them, within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter again to the Committee by notifying the Committee and also the other State.	[CHI] 二、如此事于收文国收到第一次通知后六个月内，当事双方未能由双边谈判或双方可以采取的其他程序，达成双方满意的解决，双方均有权以分别通知委员会及对方的方法，再将此事提出委员会。 [~]
[ENG] 3. The Committee shall deal with a matter referred to it in accordance with paragraph 2 of this article after it has ascertained that all available domestic remedies have been invoked and exhausted in the case, in conformity with the generally recognized principles of international law.	[CHI] 三、委员会对于根据本条第二款规定提出委员会的事项，应先确实查明依照公认的国际法原则，凡对此事可以运用的国内补救办法皆已用尽后，始得处理。 [~]
[ENG] This shall not be the rule where the application of the remedies is unreasonably prolonged.	[CHI] 但补救办法的实施拖延过久时不在此例。 [~]
[ENG] 4. In any matter referred to it, the Committee may call upon the States Parties concerned to supply any other relevant information.	[CHI] 四、委员会对于收受的任何事项，得请关系缔约国供给任何其他有关资料。 [~]
[ENG] 5. When any matter arising out of this article is being considered by the Committee, the States Parties concerned shall be entitled to send a representative to take part in the proceedings of the Committee, without voting rights, while the matter is under consideration.	[CHI] 五、本条引起的任何事项正由委员会审议时，关系缔约国有权遣派代表一人于该事项审议期间参加委员会的讨论，但无投票权。 [~]
[ENG] Article 12	[CHI] 第 十二 条 [~]
[ENG] 1. (a) After the Committee has obtained and collated all the information it deems necessary, the Chairman shall appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission) comprising five persons who may or may not be members of the Committee.	[CHI] 一、(子) 委员会主席应于委员会搜集整理认为必需的一切情报后，指派一专设和解委员会(以下简称和解会)，由五人组成，此五人为委员会委员或非委员会委员均可。 [~]
[ENG] The members of the Commission shall be appointed with the unanimous consent of the parties to the dispute, and its good offices shall be made available to the States concerned with a view to an amicable solution of the matter on the basis of respect for this Convention;	[CHI] 和解会委员之指派，须征得争端当事各方的一致充分同意，和解会应为关系各国斡旋、俾根据尊重公约的精神，和睦解决问题。 [~]
[ENG] (b) If the States parties to the dispute fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission not agreed upon by the States parties to the dispute shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its own members.	[CHI] (丑) 遇争端各当事国于三个月内对和解会的组成的全部或一部未能达成协议时，争端各当事国未能同意的和解会委员，应由委员会用无记名投票法以三分之二多数票从其本身的委员中选举。 [~]
[ENG] 2. The members of the Commission shall serve in their personal capacity.	[CHI] 二、和解会委员以私人资格任职。 [~]
[ENG] They shall not be nationals of the States parties to the dispute or of a State not Party to this Convention.	[CHI] 和解会委员不得为争端当事各国的国民，亦不得为非本公约缔约国的国民。 [~]
[ENG] 3. The Commission shall elect its own Chairman and adopt its own rules of procedure.	[CHI] 三、和解会自行选举主席，制订议事规则。 [~]
[ENG] 4. The meetings of the Commission shall normally be held at United Nations Headquarters or at any other convenient place as determined by the Commission.	[CHI] 四、和解会会议通常应在联合国会所举行，或和解会决定的方便地点举行。 [~]
[ENG] 5. The secretariat provided in accordance with article 10, paragraph 3, of this Convention shall also service the Commission whenever a dispute among States Parties brings the Commission into being.	[CHI] 五、依本公约第十条第三款供给的秘书人员，于缔约国间发生争端，致成立和解会时，应亦为和解会办理事务。 [~]
[ENG] 6. The States parties to the dispute shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.	[CHI] 六、争端各当事国依照联合国秘书长所提概算，平均负担和解会委员的一切费用。 [~]
[ENG] 7. The Secretary-General shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States parties to the dispute in accordance with paragraph 6 of this article.	[CHI] 七、秘书长于必要时，有权在争端各当事国依本条第六款偿付之前，支付和解会委员的费用。 [~]
[ENG] 8. The information obtained and collated by the Committee shall be made available to the Commission, and the Commission may call upon the States concerned to supply any other relevant information.	[CHI] 八、委员会所搜集整理的情报应送交和解会，和解会得请关系国家供给任何其他有关情报。 [~]
[ENG] Article 13	[CHI] 第 十三 条 [~]
[ENG] 1. When the Commission has fully considered the matter, it shall prepare and submit to the Chairman of the Committee a report embodying its findings on all questions of fact relevant to the issue between the parties and containing such recommendations as it may think proper for the amicable solution of the dispute.	[CHI] 一、和解会应于详尽审议上称事项后，编撰报告书，提交委员会主席，内载其对于与当事国间争执有关的一切事实问题的意见，并列述其认为适当的和睦解决争端的建议。 [~]
[ENG] 2. The Chairman of the Committee shall communicate the report of the Commission to each of the States parties to the dispute.	[CHI] 二、委员会主席应将和解会报告书分送争端各当事国。 [~]
[ENG] These States shall, within three months, inform the Chairman of the Committee whether or not they accept the recommendations contained in the report of the Commission.	[CHI] 各当事国应于三个月内，通知委员会主席是否接受和解会报告书所载的建议。 [~]
[ENG] 3. After the period provided for in paragraph 2 of this article, the Chairman of the Committee shall communicate the report of the Commission and the declarations of the States Parties concerned to the other States Parties to this Convention.	[CHI] 三、委员会主席应于本条第二款规定的期限届满后，将和解会报告书及关系缔约国的宣告，分送本公约其他缔约国。 [~]
[ENG] Article 14	[CHI] 第 十四 条 [~]
[ENG] 1. A State Party may at any time declare that it recognizes the competence of the Committee to receive and consider communications from individuals or groups of individuals within its jurisdiction claiming to be victims of a violation by that State Party of any of the rights set forth in this Convention.	[CHI] 一、缔约国得随时声明承认委员会有权接受并审查在其管辖下自称为该缔约国侵犯本公约所载任何权利行为受害者的个人或个人联名提出的来文。 [~]
[ENG] No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.	[CHI] 本文所指为未曾发表此种声明的缔约国时，委员会不得接受。 [~]
[ENG] 2. Any State Party which makes a declaration as provided for in paragraph I of this article may establish or indicate a body within its national legal order which shall be competent to receive and consider petitions from individuals and groups of individuals within its jurisdiction who claim to be victims of a violation of any of the rights set forth in this Convention and who have exhausted other available local remedies.	[CHI] 二、凡发表本条第一款所规定的声明的缔约国得在其本国法律制度内设立或指定一主管机关，负责接受并审查在其管辖下自称为侵犯本公约所载任何权利行为受害者并已用尽其他可用的地方补救办法的个人或个人联名提出之请愿书。 [~]
[ENG] 3. A declaration made in accordance with paragraph 1 of this article and the name of any body established or indicated in accordance with paragraph 2 of this article shall be deposited by the State Party concerned with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties.	[CHI] 三、依照本条第一款所发表的声明及依照本条第二款所设立或指定的任何机关名称应由关系缔约国交存联合国秘书长，再由秘书长将其副本分送本公约其他缔约国。 [~]
[ENG] A declaration may be withdrawn at any time by notification to the Secretary-General, but such a withdrawal shall not affect communications pending before the Committee.	[CHI] 上述声明得随时通知秘书长撤回，但此项撤回不得影响正待委员会处理的来文。 [~]
[ENG] 4. A register of petitions shall be kept by the body established or indicated in accordance with paragraph 2 of this article, and certified copies of the register shall be filed annually through appropriate channels with the Secretary-General on the understanding that the contents shall not be publicly disclosed.	[CHI] 四、依照本条第二款设立或指定的机关应置备请愿书登记册，此项登记册的正式副本应经适当途径每年转送秘书长存档，但以不得公开揭露其内容为条件。 [~]
[ENG] 5. In the event of failure to obtain satisfaction from the body established or indicated in accordance with paragraph 2 of this article, the petitioner shall have the right to communicate the matter to the Committee within six months.	[CHI] 五、遇未能从依本条第二款所设立或指定的机关取得补偿时，请愿人有权于六个月内将此事通知委员会。 [~]
[ENG] 6. (a) The Committee shall confidentially bring any communication referred to it to the attention of the State Party alleged to be violating any provision of this Convention, but the identity of the individual or groups of individuals concerned shall not be revealed without his or their express consent.	[CHI] 六、(子) 委员会应将其所收到的任何来文秘密提请据称违反公约任何条款的缔约国注意，但非经关系个人或联名个人明白表示同意，不得透露其姓名。 [~]
[ENG] The Committee shall not receive anonymous communications;	[CHI] 委员会不得接受匿名来文。 [~]
[ENG] (b) Within three months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.	[CHI] (丑) 收文国应于三个月内向委员会提出书面说明或声明，解释此事，如已采取补救办法，并说明所采办法。 [~]
[ENG] 7. (a) The Committee shall consider communications in the light of all information made available to it by the State Party concerned and by the petitioner.	[CHI] 七、(子) 委员会应参照关系缔约国及请愿人所提供的全部资料，审议来文。 [~]
[ENG] The Committee shall not consider any communication from a petitioner unless it has ascertained that the petitioner has exhausted all available domestic remedies.	[CHI] 非经查实请愿人确已用尽所有可用的国内补救办法，委员会不得审议请愿人的任何来文。 [~]
[ENG] However, this shall not be the rule where the application of the remedies is unreasonably prolonged;	[CHI] 但补救办法之实施拖延过久时，不在此例。 [~]
[ENG] (b) The Committee shall forward its suggestions and recommendations, if any, to the State Party concerned and to the petitioner.	[CHI] (丑) 委员会倘有任何意见或建议，应通知关系缔约国及请愿人。 [~]
[ENG] 8. The Committee shall include in its annual report a summary of such communications and, where appropriate, a summary of the explanations and statements of the States Parties concerned and of its own suggestions and recommendations.	[CHI] 八、委员会应于其常年报告书中列入此种来文的摘要，并斟酌情形列入关系缔约国之说明与声明及委员会的意见与建议的摘要。 [~]
[ENG] 9. The Committee shall be competent to exercise the functions provided for in this article only when at least ten States Parties to this Convention are bound by declarations in accordance with paragraph I of this article.	[CHI] 九、委员会应于本公约至少已有十缔约国受依照本条第一项所发表声明的拘束后始得行使本条所规定的职权。 [~]
[ENG] Article 15	[CHI] 第 十五 条 [~]
[ENG] 1 . Pending the achievement of the objectives of the Declaration on the Granting of Independence to Colonial Countries and Peoples, contained in General Assembly resolution 1514 (XV) of 14 December 1960, the provisions of this Convention shall in no way limit the right of petition granted to these peoples by other international instruments or by the United Nations and its specialized agencies.	[CHI] 一、在大会1960年12月14日第1514(XV)号决议所载给予殖民地国家和人民独立宣言的目标获致实现前，本公约各项规定绝不限制其他国际文书或联合国及其各专门机构授予此等人民的请愿权。 [~]
[ENG] 2. (a) The Committee established under article 8, paragraph 1, of this Convention shall receive copies of the petitions from, and submit expressions of opinion and recommendations on these petitions to, the bodies of the United Nations which deal with matters directly related to the principles and objectives of this Convention in their consideration of petitions from the inhabitants of Trust and Non-Self-Governing Territories and all other territories to which General Assembly resolution 1514 (XV) applies, relating to matters covered by this Convention which are before these bodies;	[CHI] 二、(子) 依本公约第八条第一款设立的委员会应自处理与本公约原则目标直接有关事项而审理托管及非自治领土居民或适用大会第1514(XV)号决议的一切其他领土居 民所递请愿书的联合国各机关，收受本公约事项有关的请愿书副本，并就各该请愿书向各该机关表示意见及提具建议。 [~]
[ENG] (b) The Committee shall receive from the competent bodies of the United Nations copies of the reports concerning the legislative, judicial, administrative or other measures directly related to the principles and objectives of this Convention applied by the administering Powers within the Territories mentioned in subparagraph (a) of this paragraph, and shall express opinions and make recommendations to these bodies.	[CHI] (丑) 委员会应收受联合国主管机关所递关于各管理国家在本条(子)项所称领土内所实施与本公约原则目标直接有关的立法、司法、行政或其他措施之报告书，表示意见并提具建议。 [~]
[ENG] 3. The Committee shall include in its report to the General Assembly a summary of the petitions and reports it has received from United Nations bodies, and the expressions of opinion and recommendations of the Committee relating to the said petitions and reports.	[CHI] 三、委员会应在其提送大会的报告书内列入其自联合国各机关所收到请愿书与报告书的摘要及委员会对各该请愿书及报告书的意见与建议。 [~]
[ENG] 4. The Committee shall request from the Secretary-General of the United Nations all information relevant to the objectives of this Convention and available to him regarding the Territories mentioned in paragraph 2 (a) of this article.	[CHI] 四、委员会应请联合国秘书长提供关于本条第二款(子)项所称领土之一切与本公约目标有关并经秘书长接获的情报。 [~]
[ENG] Article 16	[CHI] 第 十六 条 [~]
[ENG] The provisions of this Convention concerning the settlement of disputes or complaints shall be applied without prejudice to other procedures for settling disputes or complaints in the field of discrimination laid down in the constituent instruments of, or conventions adopted by, the United Nations and its specialized agencies, and shall not prevent the States Parties from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.	[CHI] 本公约关于解决争端或控诉之各项条款的适用，应不妨碍联合国及其专门机构组织法或所通过公约内关于解决歧视方面争端或控诉规定的其他程序，亦不阻止本公约缔约国依照彼此间现行一般或特殊国际协定，采用其他程序以解决争端。 [~]
[ENG] PART III	[CHI] 第 三 部 分 [~]
[ENG] Article 17	[CHI] 第 十七 条 [~]
[ENG] 1. This Convention is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to this Convention.	[CHI] 一、本公约开放给联合国会员国或其任何专门机构的会员国、国际法院规约当事国及经联合国大会邀请成为本公约缔约国的任何其他国家签字。 [~]
[ENG] 2. This Convention is subject to ratification.	[CHI] 二、本公约须经批准。 [~]
[ENG] Instruments of ratification shall be deposited with the Secretary-General of the United Nations.	[CHI] 批准书应交存联合国秘书长。 [~]
[ENG] Article 18	[CHI] 第 十八 条 [~]
[ENG] 1. This Convention shall be open to accession by any State referred to in article 17, paragraph 1, of the Convention .	[CHI] 一、本公约应开放给本公约第十七条第一款所称的任何国家加入。 [~]
[ENG] 2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.	[CHI] 二、加入应向联合国秘书长交存加入书。 [~]
[ENG] Article 19	[CHI] 第 十九 条 [~]
[ENG] 1. This Convention shall enter into force on the thirtieth day after the date of the deposit with the Secretary-General of the United Nations of the twenty-seventh instrument of ratification or instrument of accession.	[CHI] 一、本公约应自第二十七件批准书或加入书交存联合国秘书长之日后第三十日起发生效力。 [~]
[ENG] 2. For each State ratifying this Convention or acceding to it after the deposit of the twenty-seventh instrument of ratification or instrument of accession, the Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or instrument of accession.	[CHI] 二、本公约对于在第二十七件批准书或加入书交存后批准或加入公约之国家应自该国交存批准书或加入书之日后第三十日起发生效力。 [~]
[ENG] Article 20	[CHI] 第 二十 条 [~]
[ENG] 1. The Secretary-General of the United Nations shall receive and circulate to all States which are or may become Parties to this Convention reservations made by States at the time of ratification or accession.	[CHI] 一、秘书长应收受各国于批准或加入时所作的保留并分别通知本公约所有缔约国或可成为缔约国的国家。 [~]
[ENG] Any State which objects to the reservation shall, within a period of ninety days from the date of the said communication, notify the Secretary-General that it does not accept it.	[CHI] 凡反对此项保留的国家应于从此项通知书日期起算之九十日内，通知秘书长不接受此项保留。 [~]
[ENG] 2. A reservation incompatible with the object and purpose of this Convention shall not be permitted, nor shall a reservation the effect of which would inhibit the operation of any of the bodies established by this Convention be allowed.	[CHI] 二、凡与本公约的目标及宗旨抵触的保留不得容许，其效果足以阻碍本公约所设任何机关之业务者，亦不得准许。 [~]
[ENG] A reservation shall be considered incompatible or inhibitive if at least two thirds of the States Parties to this Convention object to it.	[CHI] 凡经至少三分之二本公约缔约国反对者，应视为抵触性或阻碍性之保留。 [~]
[ENG] 3. Reservations may be withdrawn at any time by notification to this effect addressed to the Secretary-General.	[CHI] 三、前项保留得随时通知秘书长撤销。 [~]
[ENG] Such notification shall take effect on the date on which it is received.	[CHI] 此项通知自收到之日起生效。 [~]
[ENG] Article 21	[CHI] 第 二十一 条 [~]
[ENG] A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations.	[CHI] 缔约国得以书面通知联合国秘书长退出本公约。 [~]
[ENG] Denunciation shall take effect one year after the date of receipt of the notification by the Secretary General.	[CHI] 退约应于秘书长接获通知之日起，一年后发生效力。 [~]
[ENG] Article 22	[CHI] 第 二十二 条 [~]
[ENG] Any dispute between two or more States Parties with respect to the interpretation or application of this Convention, which is not settled by negotiation or by the procedures expressly provided for in this Convention, shall, at the request of any of the parties to the dispute, be referred to the International Court of Justice for decision, unless the disputants agree to another mode of settlement.	[CHI] 两个或两个以上缔约国间关于本公约的解释或适用的任何争端不能以谈判或以本公约所明定的程序解决者，除争端各方商定其他解决方式外，应于争端任何一方请求时提请国际法院裁决。 [~]
[ENG] Article 23	[CHI] 第 二十三 条 [~]
[ENG] 1. A request for the revision of this Convention may be made at any time by any State Party by means of a notification in writing addressed to the Secretary-General of the United Nations.	[CHI] 一、任何缔约国得随时以书面向联合国秘书长提出修改本公约之请求。 [~]
[ENG] 2. The General Assembly of the United Nations shall decide upon the steps, if any, to be taken in respect of such a request.	[CHI] 二、联合国大会应决定对此项请求采取的步骤。 [~]
[ENG] Article 24	[CHI] 第 二十四 条 [~]
[ENG] The Secretary-General of the United Nations shall inform all States referred to in article 17, paragraph 1, of this Convention of the following particulars:	[CHI] 秘书长应将下列事项通知本公约第十七条第一款所称的所有国家： [~]
[ENG] (a) Signatures, ratifications and accessions under articles 17 and 18;	[CHI] (子) 依第十七条及第十八条所为的签字、批准及加入； [~]
[ENG] (b) The date of entry into force of this Convention under article 19;	[CHI] (丑) 依第十九条本公约发生效力的日期； [~]
[ENG] (c) Communications and declarations received under articles 14, 20 and 23;	[CHI] (寅) 依第十四条及第二十条及第二十三条接获的来文及声明； [~]
[ENG] (d) Denunciations under article 21.	[CHI] (卯) 依第二十一条所为的退约。 [~]
[ENG] Article 25	[CHI] 第 二十五 条 [~]
[ENG] 1. This Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.	[CHI] 一、本公约应交存联合国档库，其中文、英文、法文、俄文及西班牙文各本同一作准。 [~]
[ENG] 2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States belonging to any of the categories mentioned in article 17, paragraph 1, of the Convention.	[CHI] 二、联合国秘书长应将本公约的正式副本分送所有属于本公约第十七条第一款所称各类之一的国家。 [~]