Internationaal Verdrag inzake economische, sociale en culturele rechten
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Afghanistan | Ja | Nee |
Algerije | Ja | Ja |
Bahama's | Ja | Nee |
Bahrein | Ja | Nee |
Bangladesh | Ja | Ja |
Barbados | Ja | Nee |
België | Ja | Nee |
Bulgarije | Ja | Nee |
Cambodja | Ja | Ja |
Canada | Ja | Nee |
China | Ja | Ja |
Congo, Republiek | Ja | Nee |
Cuba | Ja | Nee |
Denemarken | Ja | Nee |
Egypte | Ja | Nee |
Frankrijk | Ja | Nee |
Guinee | Ja | Nee |
Hongarije | Ja | Nee |
Ierland | Ja | Nee |
India | Ja | Ja |
Indonesië | Ja | Nee |
Irak | Ja | Ja |
Israël | Ja | Nee |
Japan | Ja | Nee |
Jemen | Ja | Nee |
Kenia | Ja | Nee |
Koeweit | Ja | Ja |
Libië | Ja | Ja |
Madagaskar | Ja | Nee |
Malta | Ja | Nee |
Mexico | Ja | Nee |
Monaco | Ja | Nee |
Mongolië | Ja | Nee |
Myanmar | Ja | Ja |
Nederlanden, het Koninkrijk der | Ja | Nee |
Nieuw-Zeeland | Ja | Nee |
Noorwegen | Ja | Nee |
Oekraïne | Ja | Nee |
Oman | Ja | Nee |
Pakistan | Ja | Ja |
Palestina | Ja | Nee |
Qatar | Ja | Ja |
Roemenië | Ja | Nee |
Russische Federatie | Ja | Nee |
Rwanda | Ja | Nee |
Salomonseilanden | Ja | Nee |
Syrië | Ja | Ja |
Thailand | Ja | Nee |
Trinidad en Tobago | Ja | Nee |
Turkije | Ja | Ja |
Verenigd Koninkrijk | Ja | Ja |
Vietnam | Ja | Nee |
Zambia | Ja | Nee |
Zuid-Afrika | Ja | Nee |
Zweden | Ja | Nee |
Afghanistan
24-01-1983
The presiding body of the Revolutionary Council of the Democratic Republic of Afghanistan declares that the [...] provisions of paragraphs 1 and 3 of article 26 of the International Covenant on Economic, Social and Cultural Rights, according to which some countries cannot join the aforesaid Covenants, contradicts the International character of the aforesaid Treaties. Therefore, according to the equal rights of all States to sovereignty, both Covenants should be left open for the purpose of the participation of all States.
Algerije
12-09-1989
1. The Algerian Government interprets article 1, which is common to the two Covenants,
as in no case impairing the inalienable right of all peoples to self-determination
and to control over their natural wealth and resources.
It further considers that the maintenance of the State of dependence of certain territories
referred to in article 1, paragraph 3, of the two Covenants and in article 14 of the
Covenant on Economic, Social and Cultural Rights is contrary to the purposes and principles
of the United Nations, to the Charter of the Organization and to the Declaration on
the Granting of Independence to Colonial Countries and Peoples [General Assembly resolution
1514 (XV)].
2. The Algerian Government interprets the provisions of article 8 of the Covenant
on Economic, Social and Cultural Rights [...] as making the law the framework for
action by the State with respect to the organization and exercise of the right to
organize.
3. The Algerian Government considers that the provisions of article 13, paragraphs
3 and 4, of the Covenant on Economic, Social and Cultural Rights can in no case impair
its right freely to organize its educational system.
4. [...]
Bezwaar Duitsland, 25-10-1990
[The Federal Republic of Germany] interprets the declaration under paragraph 2 to
mean that the latter is not intended to eliminate the obligation of Algeria to ensure
that the rights guaranteed in article 8, paragraph 1, of the International Covenant
on Economic, Social and Cultural Rights and in article 22 of the International Covenant
on Civil and Political Rights may be restricted only for the reasons mentioned in
the said articles and that such restrictions shall be prescribed by law.
It interprets the declaration under paragraph 4 to mean that Algeria, by referring
to its domestic legal system, does not intend to restrict its obligation to ensure
through appropriate steps equality of rights and responsibilities of spouses as to
marriage, during marriage and at its dissolution.
Bezwaar Portugal, 26-10-1990
The Government of Portugal hereby presents its formal objection to the interpretative
declarations made by the Government of Algeria upon ratification of the International
Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.
The Government of Portugal having examined the contents of the said declarations reached
the conclusion that they can be regarded as reservations and therefore should be considered
invalid as well as incompatible with the purposes and object of the Covenants.
This objection shall not preclude the entry into force of the Covenants between Portugal
and Algeria.
Bezwaar Nederlanden, het Koninkrijk der, 18-03-1991
In the opinion of the Government of the Kingdom of the Netherlands, the interpretative
declaration concerning article 13, paragraphs 3 and 4 of the International Covenant
on Economic, Social and Cultural Rights must be regarded as a reservation to the Covenant.
From the text and history of the Covenant it follows that the reservation with respect
to article 13, paragraphs 3 and 4 made by the Government of Algeria is incompatible
with the object and purpose of the Covenant. The Government of the Kingdom of the
Netherlands therefore considers the reservation unacceptable and formally raises an
objection to it.
[This objection is] not an obstacle to the entry into force of [the Covenant] between
the Kingdom of the Netherlands and Algeria.
Bahama's
23-12-2008
The Government of the Bahamas interprets non-discrimination as to national origin as not necessarily implying an obligation on States automatically to guarantee to foreigners the same rights as to their nationals. The term should be understood to refer to the elimination of any arbitrary behavior but not of differences in treatment based on objective and reasonable considerations, in conformity with principles prevailing in democratic societies.
Bahrein
27-09-2007
The Government of the Kingdom of Bahrain declares that its accession to sub-paragraph
(d) of paragraph (1) of article (8) of this Covenant will not prejudice its right
to prohibit strikes in vitally important utilities.
Bangladesh
05-10-1998
Article 1:
It is the understanding of the Government of the People's Republic of Bangladesh that
the words "the right of self-determination of Peoples" appearing in this article apply
in the historical context of colonial rule, administration, foreign domination, occupation
and similar situations.
Articles 2 and 3:
The Government of the People's Republic of Bangladesh will implement articles 2 and
3 in so far as they relate to equality between man and woman, in accordance with the
relevant provisions of its Constitution and in particular, in respect to certain aspects
of economic rights viz. law of inheritance.
Articles 7 and 8:
The Government of the People's Republic of Bangladesh will apply articles 7 and 8
under the conditions and in conformity with the procedures established in the Constitution
and the relevant legislation of Bangladesh.
Articles 10 and 13:
While the Government of the People's Republic of Bangladesh accepts the provisions
embodied in articles 10 and 13 of the Covenant in principle, it will implement the
said provisions in a progressive manner, in keeping with the existing economic conditions
and the development plans of the country.
Bezwaar Frankrijk, 30-09-1999
The Government of France notes that the 'declarations' made by Bangladesh in fact constitute reservations since they are aimed at precluding or modifying the legal effect of certain provisions of the treaty. With regard to the declaration concerning article 1, the reservation places on the exercise of the right of peoples to self-determination conditions not provided for in the Charter of the United Nations. The declarations concerning articles 2 and 3 and articles 7 and 8, which render the rights recognized by the Covenant in respect of individuals subordinate to domestic law, are of a general nature and undermine the objective and purpose of the treaty. In particular, the country's economic conditions and development prospects should not affect the freedom of consent of intended spouses to enter into marriage, non-discrimination for reasons of parentage or other conditions in the implementation of special measures of protection and assistance on behalf of children and young persons, or the freedom of parents or legal guardians to choose schools for their children. Economic difficulties or problems of development cannot free a State party entirely from its obligations under the Covenant. In this regard, in compliance with article 10, paragraph 3, of the Covenant, Bangladesh must adopt special measures to protect children and young persons from economic and social exploitation, and the law must punish their employment in work harmful to their morals or health and should also set age limits below which the paid employment of child labour should be prohibited. Consequently, the Government of France lodges an objection to the reservations of a general scope mentioned above. This objection does not prevent the entry into force of the Covenant between Bangladesh and France.
Bezwaar Finland, 13-12-1999
The Government of Finland has examined the contents of the declarations made by the
Government of Bangladesh to Articles 2, 3, 7, 8, 10 and 13 and notes that the declarations
constitute reservations as they seem to modify the obligations of Bangladesh under
the said articles. A reservation which consists of a general reference to national
law without specifying its contents does not clearly define for the other Parties
of the Convention the extent to which the reserving state commits itself to the Convention
and therefore may raise doubts as to the commitment of the reserving state to fulfil
its obligations under the Convention. Such a reservation is also, in the view of
the Government of Finland, subject to the general principle of treaty interpretation
according to which a party may not invoke the provisions of its domestic law as justification
for a failure to perform its treaty obligations.
Therefore the Government of Finland objects to the aforesaid reservations made by
the Government of Bangladesh. This objection does not preclude the entry into force
of the Convention between Bangladesh and Finland. The Convention will thus become
operative between the two States without Bangladesh benefitting from these reservations.
Bezwaar Zweden, 14-12-1999
In this context the Government of Sweden would like to recall, that under well-established
international treaty law, the name assigned to a statement whereby the legal effect
of certain provisions of a treaty is excluded or modified, does not determine its
status as a reservation to the treaty. Thus, the Government of Sweden considers that
the declarations made by the Government of Bangladesh, in the absence of further clarification,
in substance constitute reservations to the Covenant.
The declaration concerning article 1 places on the exercise of the right of peoples
to self-determination conditions not provided for in international law. To attach
such conditions could undermine the concept of self-determination itself and would
thereby seriously weaken its universally acceptable character.
Furthermore, the Government of Sweden notes that the declaration relating to articles
2 and 3 as well as 7 and 8 respectively, imply that these articles of the Covenant
are being made subject to a general reservation referring to relevant provisions of
the domestic laws of Bangladesh.
Consequently, the Government of Sweden is of the view that, in the absence of further
clarification, these declarations raise doubts as to the commitment of Bangladesh
to the object and purpose of the Covenant and would recall that, according to well-established
international law, a reservation incompatible with the object and purpose of a treaty
shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under these treaties.
The Government of Sweden therefore objects to the aforesaid general reservations made
by the Government of Bangladesh to the International Covenant on Economic, Social
and Cultural Rights.
This objection does not preclude the entry into force of the Covenant between Bangladesh
and Sweden. The Covenant will thus become operative between the two States without
Bangladesh benefiting from the declarations.
Bezwaar Duitsland, 17-12-1999
The Government of the Federal Republic of Germany notes that the declaration concerning
article 1 constitutes a reservation that places on the exercise of the right of all
peoples to self-determination conditions not provided for in international law. To
attach such conditions could undermine the concept of self-determination and seriously
weaken its universally acceptable character.
The Government of the Federal Republic of Germany further notes that the declarations
with regard to articles 2 and 3, 7 and 8, and 10 and 13 constitute reservations of
a general nature in respect of provisions of the Covenant which may be contrary to
the Constitution, legislation, economic conditions and development plans of Bangladesh.
The Government of the Federal Republic of Germany is of the view that these general
reservations raise doubts as to the full commitment of Bangladesh to the object and
purpose of the Covenant. It is in the common interest of States that treaties to which
they have chosen to become Parties are respected, as to their object and purpose,
by all Parties and that States are prepared to undertake any legislative changes necessary
to comply with their obligations under these treaties.
The Government of the Federal Republic of Germany objects to the aforementioned reservations
made by the Government of the People's Republic of Bangladesh to the International
Covenant on Economic, Social and Cultural Rights. This objection does not preclude
the entry into force of the Covenant between the Federal Republic of Germany and the
People's Republic of Bangladesh.
Bezwaar Nederlanden, het Koninkrijk der, 20-12-1999
The Government of the Kingdom of the Netherlands has examined the declarations made
by the Government of Bangladesh at the time of its accession to the International
Covenant on economic, social and cultural rights and considers the declarations concerning
Articles 1, 2 and 3, and 7 and 8 as reservations.
The Government of the Kingdom of the Netherlands objects to the reservation made by
the Government of Bangladesh in relation to Article 1 of the said Covenant, since
the right of self-determination as embodied in the Covenant is conferred upon all
peoples. This follows not only from the very language of Article 1 of the Covenant
but as well from the most authoritative statement of the law concerned, i.e. the Declaration
on Principles of International Law concerning Friendly Relations and Co-operation
among States in accordance with the Charter of the United Nations. Any attempt to
limit the scope of this right or to attach conditions not provided for in the relevant
instruments would undermine the concept of self-determination itself and would thereby
seriously weaken its universally acceptable character.
Furthermore, the Government of the Kingdom of the Netherlands objects to the reservations
made by the Government of Bangladesh in relation to Articles 2 and 3, and, 7 and 8
of the said Covenant.
The Government of the Kingdom of the Netherlands considers that such reservations
which seek to limit the responsibilities of the reserving State under the Covenant
by invoking national law, may raise doubts as to the commitment of this State to the
object and purpose of the Covenant and, moreover, contribute to undermining the basis
of international treaty law.
It is in the common interest of States that treaties to which they have chosen to
become parties should be respected, as to object and purpose by all parties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
reservations made by the Government of Bangladesh.
These objections shall not preclude the entry into force of the Convention between
the Kingdom of the Netherlands and Bangladesh.
Barbados
05-01-1973
The Government of Barbados states that it reserves the right to postpone-
(a) The application of sub-paragraph (a) (1) of article 7 of the Covenant in so far
as it concerns the provision of equal pay to men and women for equal work;
(b) The application of article 10 (2) in so far as it relates to the special protection
to be accorded mothers during a reasonable period during and after childbirth; and
(c) The application of article 13 (2) (a) of the Covenant, in so far as it relates
to primary education; since, while the Barbados Government fully accepts the principles
embodied in the same articles and undertakes to take the necessary steps to apply
them in their entirety, the problems of implementation are such that full application
of the principles in question cannot be guaranteed at this stage.
België
21-04-1983
1. With respect to article 2, paragraph 2, the Belgian Government interprets non-discrimination
as to national origin as not necessarily implying an obligation on States automatically
to guarantee to foreigners the same rights as to their nationals. The term should
be understood to refer to the elimination of any arbitrary behaviour but not of differences
in treatment based on objective and reasonable considerations, in conformity with
the principles prevailing in democratic societies.
2. With respect to article 2, paragraph 3, the Belgian Government understands that
this provision cannot infringe the principle of fair compensation in the event of
expropriation or nationalization.
Bulgarije
21-09-1970
The People's Republic of Bulgaria deems it necessary to underline that the provisions of article 48, paragraphs l and 3, of the International Covenant on Civil and Political Rights, [...] under which a number of States are deprived of the opportunity to become parties to the Covenants, are of a discriminatory nature. These provisions are inconsistent with the very nature of the Covenants, which are universal in character and should be open for accession by all States. In accordance with the principle of sovereign equality, no State has the right to bar other States from becoming parties to a covenant of this kind.
Cambodja
17-10-1980
Depositary communication.
Although Democratic Kampuchea had signed both [the International Covenant on Economic,
Social and Political Rights and the International Covenant on Civil and Political
Rights] on 17 October 1980, the Government of Cambodia deposited an instrument of
accession to the said Covenants.
Bezwaar Mongolië, 05-11-1980
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Polen, 12-12-1980
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Oekraïne, 16-12-1980
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Hongarije, 19-01-1981
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Bulgarije, 29-01-1981
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Belarus, 18-02-1981
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Russische Federatie, 18-02-1981
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Bezwaar Tsjechoslowakije (<01-01-1993), 10-03-1981
The Government of the Mongolian People's Republic considers that only the People's
Revolutionary Council of Kampuchea as the sole authentic and lawful representative
of the Kampuchean people has the right to assume international obligations on behalf
of the Kampuchean people. Therefore the Government of the Mongolian People's Republic
considers that the signature of the Human Rights Covenants by the representative of
the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the
people's revolution in Kampuchea, is null and void.
The signing of the Human Rights Covenants by an individual, whose régime during its
short period of reign in Kampuchea had exterminated about 3 million people and had
thus grossly violated the elementary norms of human rights, each and every provision
of the Human Rights Covenants is a regrettable precedence, which discredits the noble
aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned
Covenants, gravely impairs the prestige of the United Nations.
Thereafter, similar communications were received from the Government of the following
States
German Democratic Republic (11-12-1980)
Poland (12-12-1980)
Ukraine (16-12-1980)
Hungary (19-01-1981)
Bulgaria (29-01-1981)
Belarus (18-02-1981)
Russian Federation (18-02-1981
Czechoslovakia (10-03-1981)
Canada
14-05-2014
The Permanent Mission of Canada to the United Nations presents its compliments to
the Secretary-General of the United Nations and has the honour to refer to the International
Covenant on Economic, Social and Cultural Rights, and the Secretary-General's communication
of 9 April 2014, numbered C.N.180.2014.TREATIES-IV.3, relating to that treaty.
The Permanent Mission of Canada notes that this communication was made pursuant to
the Secretary General's capacity as Depositary for the International Covenant on Economic,
Social and Cultural Rights. The Permanent Mission of Canada notes the technical and
administrative role of the Depositary, and that it is for States Parties to a treaty,
not the Depositary, to make their own determination with respect to any legal issues
raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet
the criteria of a state under international law and is not recognized by Canada as
a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes
to note its position that in the context of the purported Palestinian accession to
the International Covenant on Economic, Social and Cultural Rights, 'Palestine' is
not able to accede to this convention, and that the International Covenant on Economic,
Social and Cultural Rights does not enter into force, or have an effect on Canada's
treaty relations, with respect to the 'State of Palestine'.
China
27-10-1997
The signature that the Taiwan authorities affixed, by usurping the name of "China",
to the [said Covenant] on 5 October 1967, is illegal and null and void.
03-12-1999
1. The application of the Covenant, and its article 1 in particular, to the Macao
Special Administrative Region shall not affect the status of Macao as defined in the
Joint Declaration and in the Basic Law.
2. The provisions of the Covenant which are applicable to the Macao Special Administrative
Region shall be implemented in Macao through legislation of the Macao Special Administrative
Region.
The residents of Macao shall not be restricted in the rights and freedoms that they
are entitled to, unless otherwise provided for by law. In case of restrictions, they
shall not contravene the provisions of the Covenant that are applicable to the Macao
Special Administrative Region.
Within the above ambit, the Government of the People's Republic of China will assume
the responsibility for the international rights and obligations that place on a Party
to the Covenant.
17-03-2001
In accordance with the Decision made by the Standing Committee of the Ninth National
People's Congress of the People's Republic of China at its Twentieth Session, the
President of the People's Republic of China hereby ratifies The International Covenant
on Economic, Social and Cultural Rights, which was signed by Mr. Qin Huasun on behalf
of the People's Republic of China on 27 October 1997, and declares the following:
1. The application of Article 8.1 (a) of the Covenant to the People's Republic of
China shall be consistent with the relevant provisions of the Constitution of the
People's Republic of China, Trade Union Law of the People's Republic of China and
Labor Law of the People's Republic of China;
2. In accordance with the official notes addressed to the Secretary-General of the
United Nations by the Permanent Representative of the People's Republic of China to
the United Nations on 20 June 1997 and 2 December 1999 respectively, the International
Covenant on Economic, Social and Cultural Rights shall be applicable to the Hong Kong
Special Administrative Region of the People's Republic of China and the Macao Special
Administrative Region of the People's Republic of China and shall, pursuant to the
provisions of the Basic Law of the Hong Kong Special Administrative Region of the
People's Republic of China and the Basic Law of the Macao Special Administrative Region
of the People's Republic of China , be implemented through the respective laws of
the two special administrative regions.
Bezwaar Zweden, 02-04-2002
The Government of Sweden has examined the statement and would like to recall that,
under well-established international treaty law, the name assigned to a statement
whereby the legal effect of certain provisions of a treaty is excluded or modified,
does not determine its status as a reservation to the treaty. The Government of Sweden
considers that the statement made by the Government of the People's Republic of China
to article 8.1 (a) of the International Covenant on Economic, Social and Cultural
Rights in substance constitutes a reservation.
The Government of Sweden notes that the application of Article 8.1 (a) of the Covenant
is being made subject to a statement referring to the contents of national legislation.
According to the Vienna Convention on the Law of Treaties, a party to a treaty may
not invoke the provisions of its internal law as justification for its failure to
abide by the treaty. Furthermore, the right to form and join a trade union of one's
choice is one of the fundamental principles of the Covenant. The Government of Sweden
wishes to recall that, according to customary international law as codified in the
Vienna Convention on the Law of Treaties, a reservation incompatible with the object
and purpose of a treaty shall not be permitted.
The Government of Sweden therefore objects to the reservation made by the People's
Republic of China to the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between China
and Sweden. The Covenant enters into force without China benefiting from the reservation.
Bezwaar Nederlanden, het Koninkrijk der, 23-04-2002
The statement made by the Government of the People's Republic of China to article
8.1 (a) of the International Covenant on Economic, Social and Cultural Rights.
The Government of the Kingdom of the Netherlands has examined the statement and would
like to recall that, under well established international treaty law, the name assigned
to a statement whereby the legal effect of certain provisions of a treaty is excluded
or modified, does not determine its status as a reservation to the treaty. The Government
of the Kingdom of the Netherlands considers that the statement made by the Government
of the People's Republic of China to article 8.1 (a) of the International Covenant
on Economic, Social and Cultural Rights in substance constitutes a reservation.
The Government of the Kingdom of the Netherlands notes that the application of Article
8.1 (a) of the Covenant is being made subject to a statement referring to the contents
of national legislation. According to the Vienna Convention on the Law of Treaties,
a party to a treaty may not invoke the provisions of its internal law as justification
for its failure to abide by the treaty. Furthermore, the right to form and join a
trade union of one's choice is one of the fundamental principles of the Covenant.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
made by the People's Republic of China to the International Covenant on Economic,
Social and Cultural Rights. This objection shall not preclude the entry into force
of the Covenant between the Kingdom of the Netherlands and China.
Bezwaar Noorwegen, 23-04-2002
The Government of Norway has examined the statement made by the People's Republic
of China upon ratification of the International Covenant on Economic, Social and Cultural
Rights.
It is the Government of Norway's position that the statement made by China in substance
constitutes a reservation, and consequently can be made subject to objections.
According to the first paragraph of the statement, the application of Article 8.1(a)
of the Covenant shall be consistent with relevant provisions of national legislation.
This reference to national legislation, without further description of its contents,
exempts the other States Parties from the possibility of assessing the intended effects
of the statement. Further, the contents of the relevant provision is not only in itself
of fundamental importance, as failure to implement it can also contribute to a less
effective implementation of other provisions of the Covenant, such as Articles 6 and
7.
For these reasons, the Government of Norway objects to the said part of the statement
made by the People's Republic of China, as it is incompatible with the object and
purpose of the Covenant.
This objection does not preclude the entry into force in its entirety of the Covenant
between the Kingdom of Norway and the People's Republic of China. The Covenant thus
becomes operative between Norway and China without China benefiting from the reservation.
20-04-2001
1. Article 6 of the Covenant does not preclude the formulation of regulations by the
HKSAR for employment restrictions, based on place of birth or residence qualifications,
for the purpose of safeguarding the employment opportunities of local workers in the
HKSAR
2. "National federations or confederations" in Article 8.1(b) of the Covenant shall
be interpreted, in this case, as "federations or confederations in the HKSAR", and
this Article does not imply the right of trade union federations or confederations
to form or join political organizations or bodies established outside the HKSAR.
Congo, Republiek
05-10-1983
The Government of the People's Republic of the Congo declares that it does not consider
itself bound by the provisions of article 13, paragraphs 3 and 4 ...
Paragraphs 3 and 4 of article 13 of the International Covenant on Economic, Social
and Cultural Rights embody the principle of freedom of education by allowing parents
the liberty to choose for their children schools other than those established by the
public authorities. Those provisions also authorize individuals to establish and direct
educational institutions.
In our country, such provisions are inconsistent with the principle of nationalization
of education and with the monopoly granted to the State in that area.
21-03-2001
Withdrawal of the reservation made upon accession.
Cuba
28-02-2008
The Republic of Cuba hereby declares that it was the Revolution that enabled its people
to enjoy the rights set out in the International Covenant on Economic, Social and
Cultural Rights.
The economic, commercial and financial embargo imposed by the United States of America
and its policy of hostility and aggression against Cuba constitute the most serious
obstacle to the Cuban people's enjoyment of the rights set out in the Covenant.
The rights protected under this Covenant are enshrined in the Constitution of the
Republic and in national legislation.
The State's policies and programmes guarantee the effective exercise and protection
of these rights for all Cubans.
With respect to the scope and implementation of some of the provisions of this international
instrument, Cuba will make such reservations or interpretative declarations as it
may deem appropriate.
Denemarken
06-01-1972
The Government of Denmark cannot, for the time being, undertake to comply entirely with the provisions of article 7 (d) on remuneration for public holidays.
Egypte
14-01-1982
Taking into consideration the provisions of the Islamic Sharia and the fact that they do not conflict with the text annexed to the instrument, we accept, support and ratifiy it.
Frankrijk
04-11-1980
(1) The Government of the Republic considers that, in accordance with Article 103
of the Charter of the United Nations, in case of conflict between its obligations
under the Covenant and its obligations under the Charter (especially Articles 1 and
2 thereof), its obligations under the Charter will prevail.
(2) The Government of the Republic declares that articles 6, 9, 11 and 13 are not
to be interpreted as derogating from provisions governing the access of aliens to
employment or as establishing residence requirements for the allocation of certain
social benefits.
(3) The Government of the Republic declares that it will implement the provisions
of article 8 in respect of the right to strike in conformity with article 6, paragraph
4, of the European Social Charter according to the interpretation thereof given in
the annex to that Charter.
Guinee
24-01-1978
In accordance with the principle whereby all States whose policies are guided by the
purposes and principles of the Charter of the United Nations are entitled to become
parties to covenants affecting the interests of the international community, the Government
of the Republic of Guinea considers that the provisions of article 26, paragraph 1,
of the International Covenant on Economic, Social and Cultural Rights are contrary
to the principle of the universality of international treaties and the democratization
of international relations.
The Government of the Republic of Guinea likewise considers that article 1, paragraph
3, and the provisions of article 14 of that instrument are contrary to the provisions
of the Charter of the United Nations, in general, and United Nations resolutions on
the granting of independence to colonial countries and peoples, in particular.
The above provisions are contrary to the Declaration on Principles of International
Law Concerning Friendly Relations and Cooperation among States contained in General
Assembly resolution 2625 (XXV), pursuant to which every State has the duty to promote
realization of the principle of equal rights and self-determination of peoples in
order to put an end to colonialism.
Hongarije
25-03-1969
The Government of the Hungarian People's Republic declares that paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights [...] according to which certain States may not become signatories to the said Covenants are of a discriminatory nature and are contrary to the basic principle of international law that all States are entitled to become signatories to general multilateral treaties. These discriminatory provisions are incompatible with the objectives and purposes of the Covenants.
17-01-1974
The Presidential Council of the Hungarian People's Republic declares that the provisions of article 48, paragraphs 1 and 3, of [...] the International Covenant on Civil and Political Rights, and article 26, paragraphs 1 and 3, of the International Covenant on Economic, Social and Cultural Rights are inconsistent with the universal character of the Covenants. It follows from the principle of sovereign equality of States that the Covenants should be open for participation by all States without any discrimination or limitation.
Ierland
08-12-1989
Article 2, paragraph 2
In the context of Government policy to foster, promote and encourage the use of the
Irish language by all appropriate means, Ireland reserves the right to require, or
give favourable consideration to, a knowledge of the Irish language for certain occupations.
Article 13, paragraph 2 (a)
Ireland recognises the inalienable right and duty of parents to provide for the education
of children, and, while recognising the State's obligations to provide for free primary
education and requiring that children receive a certain minimum education, nevertheless
reserves the right to allow parents to provide for the education of their children
in their homes provided that these minimum standards are observed.
India
10-04-1979
I. With reference to article 1 of the International Covenant on Economic, Social and
Cultural Rights and [...] the Government of the Republic of India declares that the
words `the right of self-determination' appearing in [this article] apply only to
the peoples under foreign domination and that these words do not apply to sovereign
independent States or to a section of a people or nation--which is the essence of
national integrity.
II. With reference to article 9 of the International Covenant on Civil and Political
Rights, the Government of the Republic of India takes the position that the provisions
of the article shall be so applied as to be in consonance with the provisions of clauses
(3) to (7) of article 22 of the Constitution of India. Further under the Indian Legal
System, there is no enforceable right to compensation for persons claiming to be victims
of unlawful arrest or detention against the State.
III. With respect to article 13 of the International Covenant on Civil and Political
Rights, the Government of the Republic of India reserves its right to apply its law
relating to foreigners.
IV. With reference to articles 4 and 8 of the International Covenant on Economic,
Social and Cultural Rights, [...] the Government of the Republic of India declares
that the provisions of the said [article] shall be so applied as to be in conformity
with the provisions of article 19 of the Constitution of India.
V. With reference to article 7 (c) of the International Covenant on Economic, Social
and Cultural Rights, the Government of the Republic of India declares that the provisions
of the said article shall be so applied as to be in conformity with the provisions
of article 16(4) of the Constitution of India.
Bezwaar Duitsland, 15-08-1980
The Government of the Federal Republic of Germany strongly objects, ... to the declaration
made by the Republic of India in respect of article 1 of the International Covenant
on Economic, Social and Cultural Rights and of article 1 of the International Covenant
on Civil and Political Rights.
The right of self-determination as enshrined in the Charter of the United Nations
and as embodied in the Covenants applies to all peoples and not only to those under
foreign domination. All peoples, therefore, have the inalienable right freely to determine
their political status and freely to pursue their economic, social and cultural development.
The Federal Government cannot consider as valid any interpretation of the right of
self-determination which is contrary to the clear language of the provisions in question.
It moreover considers that any limitation of their applicability to all nations is
incompatible with the object and purpose of the Covenants.
Bezwaar Frankrijk, 04-11-1980
The Government of the Republic takes objection to the reservation entered by the Government of India to article 1 of the International Covenant on Economic, Social and Cultural Rights, as this reservation attaches conditions not provided for by the Charter of the United Nations to the exercise of the right of self-determination. The present declaration will not be deemed to be an obstacle to the entry into force of the Covenant between the French Republic and the Republic of India.
Bezwaar Nederlanden, het Koninkrijk der, 12-01-1981
The Government of the Kingdom of the Netherlands objects to the declaration made by the Government of the Republic of India in relation to article 1 of the International Covenant on Civil and Political Rights and article 1 of the International Covenant on Economic, Social and Cultural Rights, since the right of self determination as embodied in the Covenants is conferred upon all peoples. This follows not only from the very language of article 1 common to the two Covenants but as well from the most authoritative statement of the law concerned, i.e., the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. Any attempt to limit the scope of this right or to attach conditions not provided for in the relevant instruments would undermine the concept of self-determination itself and would thereby seriously weaken its universally acceptable character.
Bezwaar Pakistan, 17-04-2008
The Government of the Islamic Republic of Pakistan objects to the declaration made
by the Republic of India in respect of article 1 of the International Covenant on
Economic, Social and Cultural Rights and article 1 of the International Covenant on
Civil and Political Rights.
The right of Self-determination as enshrined in the Charter of the United Nations
and as embodied in the Covenants applies to all peoples under foreign occupation and
alien domination.
The Government of the Islamic Republic of Pakistan cannot consider as valid any interpretation
of the right of self-determination which is contrary to the clear language of the
provisions in question. Moreover, the said reservation is imcompatible with the object
and purpose of the Covenants. This objection shall not preclude the entry into force
of the Covenant between the Islamic Republic of Pakistan and India without India benefitting
form its reservations.
Indonesië
23-02-2006
With reference to Article 1 of the International Covenant on Economic, Social and Cultural Rights, the Government of [the] Republic of Indonesia declares that, consistent with the Declaration on the Granting of Independence to Colonial Countries and Peoples, and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States, and the relevant paragraph of the Vienna Declaration and Program of Action of 1993, the words "the right of self-determination" appearing in this article do not apply to a section of people within a sovereign independent state and can not be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent states.
Irak
18-02-1969
The entry of the Republic of Iraq as a party to the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights
shall in no way signify recognition of Israel nor shall it entail any obligation towards
Israel under the said two Covenants.
The entry of the Republic of Iraq as a party to the above two Covenants shall not
constitute entry by it as a party to the Optional Protocol to the International Covenant
on Civil and Political Rights.
Bezwaar Israël, 10-07-1969
[The Government of Israel] has noted the political character of the declaration made by the Government of Iraq on signing (...) the above Covenants. In the view of the Government of Israel, these two Covenants are not the proper place for making such political pronouncements. The Government of Israel will, in so far as concerns the substance of the matter, adopt towards the Government of Iraq an attitude of complete reciprocity.
25-01-1971
Ratification by Iraq ... shall in no way signify recognition of Israel nor shall it be conducive to entry with her into such dealings as are regulated by the said [Covenant].
Bezwaar Israël, 23-03-1971
[The Government of Israel] has noted the political character of the declaration made by the Government of Iraq on (...) ratifying the above Covenants. In the view of the Government of Israel, these two Covenants are not the proper place for making such political pronouncements. The Government of Israel will, in so far as concerns the substance of the matter, adopt towards the Government of Iraq an attitude of complete reciprocity.
Israël
16-05-2014
The Permanent Mission of Israel to the United Nations presents its compliments to
the Secretary-General of the United Nations, in his capacity as depositary to the
International Covenant on Economic, Social and Cultural Rights, and refers to the
communication by the depositary, dated 9 April 2014, regarding the Palestinian request
to accede to this Convention (Reference number C.N.180.2014.TREATIES-IV.3).
'Palestine' does not satisfy the criteria for statehood under international law and
lacks the legal capacity to join the aforesaid convention both under general international
law and the terms of bilateral Israeli-Palestinian agreements.
The Government of Israel does not recognize 'Palestine' as a State, and wishes to
place on record, for the sake of clarity, its position that it does not consider 'Palestine'
a party to the Convention and regards the Palestinian request for accession as being
without legal validity and without effect upon Israel's treaty relations under the
Convention.
Japan
21-06-1979
1. In applying the provisions of paragraph (d) of article 7 of the International Covenant
on Economic, Social and Cultural Rights, Japan reserves the right not be bound by
'remuneration for public holidays' referred to in the said provisions.
2. Japan reserves the right not to be bound by the provisions of sub-paragraph (d)
of paragraph 1 of article 8 of the International Covenant on Economic, Social and
Cultural Rights, except in relation to the sectors in which the right referred to
in the said provisions is accorded in accordance with the laws and regulations of
Japan at the time of ratification of the Covenant by the Government of Japan.
3. In applying the provisions of sub-paragraphs (b) and (c) of paragraph 2 of article
13 of the International Covenant on Economic, Social and Cultural Rights, Japan reserves
the right not to be bound by `in particular by the progressive introduction of free
education' referred to in the said provisions.
4. Recalling the position taken by the Government of Japan, when ratifying the Convention
(No. 87) concerning Freedom of Association and Protection of the Right to Organise,
that `the police' referred to in article 9 of the said Convention be interpreted to
include the fire service of Japan, the Government of Japan declares that `members
of the police' referred to in paragraph 2 of article 8 of the International Covenant
on Economic, Social and Cultural Rights as well as in paragraph 2 of article 22 of
the International Covenant on Civil and Political Rights be interpreted to include
fire service personnel of Japan.
11-09-2012
Withdrawal of reservation to sub-paragraphs (b) and (c) of paragraph 2 of article 13 of the Covenant.
Jemen
09-02-1987
The accession of the People's Democratic Republic of Yemen to this Covenant shall in no way signify recognition of Israel or serve as grounds for the establishment of relations of any sort with Israel.
Kenia
01-05-1972
While the Kenya Government recognizes and endorses the principles laid down in paragraph 2 of article 10 of the Covenant, the present circumstances obtaining in Kenya do not render necessary or expedient the imposition of those principles by legislation.
Koeweit
21-05-1996
Interpretative declaration regarding article 2, paragraph 2, and article 3:
Although the Government of Kuwait endorses the worthy principles embodied in article
2, paragraph 2, and article 3 as consistent with the provisions of the Kuwait Constitution
in general and of its article 29 in particular, it declares that the rights to which
the articles refer must be exercised within the limits set by Kuwaiti law.
Interpretative declaration regarding article 9:
The Government of Kuwait declares that while Kuwaiti legislation safeguards the rights
of all Kuwaiti and non-Kuwaiti workers, social security provisions apply only to Kuwaitis.
Reservation concerning article 8, paragraph 1 (d):
The Government of Kuwait reserves the right not to apply the provisions of article
8, paragraph 1 (d).
Bezwaar Duitsland, 10-07-1997
The Government of the Federal Republic of Germany notes that article 2 (2) and article
3 have been made subject to the general reservation of national law. It is of the
view that these general reservations may raise doubts as to the commitment of Kuwait
to the object and purpose of the Covenant.
The Government of the Federal Republic of Germany regards the reservation concerning
article 8 (1) (d), in which the Government of Kuwait reserves the right not to apply
the right to strike expressly stated in the Covenant, as well as the interpretative
declaration regarding article 9, according to which the right to social security would
only apply to Kuwaitis, as being problematic in view of the object and purpose of
the Covenant. It particularly feels that the declaration regarding article 9, as a
result of which the many foreigners working on Kuwaiti territory would, on principle,
be totally excluded from social security protection, cannot be based on article 2
(3) of the Covenant.
It is in the common interest of all parties that a treaty should be respected, as
to its object and purpose, by all parties.
The Government of the Federal Republic of Germany therefore objects to the [said]
general reservations and interpretative declarations.
This objection does not preclude the entry into force of the Covenant between Kuwait
and the Federal Republic of Germany.
Bezwaar Nederlanden, het Koninkrijk der, 22-07-1997
The Government of the Kingdom of the Netherlands notes that the declarations amount
to reservations of a general nature in respect of the provisions of the Convention
which are considered contrary to the national law of Kuwait.
The Government of the Kingdom of the Netherlands is of the view that these general
reservations, which seek to limit the obligations of the reserving State by invoking
its national law, may raise doubts as to the commitment of Kuwait to the object and
purpose of the Convention.
It is in the common interest of States that treaties to which they have chosen to
become parties are respected, as to their object and purpose, by all parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid
declarations made by the Government of Kuwait to the International Covenant on Economic,
Social and Cultural Rights.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Kuwait.
Bezwaar Noorwegen, 22-07-1997
In the view of the Government of Norway, a statement by which a State Party purports
to limit its responsibilities by invoking general principles of internal law may create
doubts about the commitment of the reserving State to the objective and purpose of
the Convention and, moreover, contribute to undermining the basis of international
treaty law. Under well-established treaty law, a State is not permitted to invoke
internal law as justification for its failure to perform its treaty obligations. Furthermore,
the Government of Norway finds the reservations made to article 8, paragraph 1 (d)
and article 9 as being problematic in view of the object and purpose of the Covenant.
For these reasons, the Government of Norway objects to the said reservations made
by the Government of Kuwait.
The Government of Norway does not consider this objection to preclude the entry into
force of the Covenant between the Kingdom of Norway and the State of Kuwait.
Bezwaar Zweden, 23-07-1997
[The Government of Sweden] is of the view that these general reservations may raise
doubts as to the commitment of Kuwait to the object and purpose of the Covenant.
The Government of Sweden regards the reservation concerning article 8 (1) (d), in
which the Government of Kuwait reserves the right not to apply the right to strike
expressly stated in the Covenant, as well as the interpretative declaration regarding
article 9, according to which the right to social security would only apply to Kuwaitis,
as being problematic in view of the object and purpose of the Covenant. It particularly
considers the declaration regarding article 9, as a result of which the many foreigners
working on Kuwaiti territory would, in principle, be totally excluded from social
security protection, cannot be based on article 2 (3) of the Covenant.
It is in the common interest of all parties that a treaty should be respected, as
to its object and purpose, by all parties.
The Government of Sweden therefore objects to the above-mentioned general reservations
and interpretative declarations.
This objection does not preclude the entry into force of the Covenant between Kuwait
and Sweden in its entirety.
Bezwaar Italië, 25-07-1997
The Government of Italy considers these reservations to be contrary to the object
and the purpose of this International Covenant. The Government of Italy notes that
the said reservations include a reservation of a general kind in respect of the provisions
on the internal law.
The Government of Italy therefore objects to the aforesaid reservations made by the
Government of Kuwait to the [said Covenant].
This objection does not preclude the entry into force in its entirety of the Covenant
between the State of Kuwait and the Italian Republic.
Bezwaar Finland, 25-07-1997
The Government of Finland notes that according to the interpretative declaration regarding
article 2, paragraph 2, and article 3 the application of these articles of the Covenant
is in a general way subjected to national law. The Government of Finland considers
this interpretative declaration as a reservation of a general kind. The Government
of Finland is of the view that such a general reservation raises doubts as to the
commitment of Kuwait to the object and purpose of the Covenant and would recall that
a reservation incompatible with the object and purpose of the Covenant shall not be
permitted.The Government of Finland also considers the interpretative declaration
to article 9 as a reservation and regards this reservation as well as the reservation
to article 8, paragraph 1(d), as problematic in view of the object and purpose of
the Covenant. It is in the common interests of States that treaties to which they
have chosen to become parties are respected, as to their object and purpose, by all
parties and that States are prepared to undertake any legislative changes necessary
to comply with their obligations under the treaties.
The Government of Finland is further of the view that general reservations of the
kind made by the Government of Kuwait, which do not clearly specify the extent of
the derogation from the provisions of the Covenant, contribute to undermining the
basis of international treaty law.
The Government of Finland therefore objects to the aforesaid reservations made by
the Government of Kuwait to the [said Covenant].
This objection does not preclude the entry into force of the Covenant between Kuwait
and Finland.
Libië
15-05-1970
The acceptance and the accession to this Covenant by the Libyan Arab Republic shall in no way signify a recognition of Israel or be conducive to entry by the Libyan Arab Republic into such dealings with Israel as are regulated by the Covenant.
Bezwaar Israël, 29-06-1970
[The Government of Israel] has noted the political character of the declaration made
by the Government of the Libyan Arab Republic [upon accession to] the above Covenants.
In the view of the Government of Israel, these two Covenants are not the proper place
for making such political pronouncements. The Government of Israel will, in so far
as concerns the substance of the matter, adopt towards the Government of the Libyan
Arab Republic an attitude of complete reciprocity. [Moreover, the declaration concerned]
cannot in any way affect the obligations of the Libyan Arab Republic already existing
under general international law.
Madagaskar
22-09-1971
The Government of Madagascar states that it reserves the right to postpone the application of article 13, paragraph 2, of the Covenant, more particularly in so far as relates to primary education, since, while the Malagasy Government fully accepts the principles embodied in the said paragraph and undertakes to take the necessary steps to apply them in their entirety at the earliest possible date, the problems of implementation, and particularly the financial implications, are such that full application of the principles in question cannot be guaranteed at this stage.
Malta
13-09-1990
The Government of Malta declares that it is in favour of upholding the principle affirmed in the words "and to ensure the religious and moral education of their children in conformity with their own convictions". However, having regard to the fact that the population of Malta is overwhelmingly Roman Catholic, it is difficult also in view of limited financial and human resources, to provide such education in accordance with a particular religious or moral belief in cases of small groups, which cases are very exceptional in Malta.
Mexico
23-03-1981
The Government of Mexico accedes to the International Covenant on Economic, Social and Cultural Rights with the understanding that article 8 of the Covenant shall be applied in the Mexican Republic under the conditions and in conformity with the procedure established in the applicable provisions of the Political Constitution of the United Mexican States and the relevant implementing legislation.
Monaco
26-06-1997
The Princely Government declares that it interprets the principle of non-discrimination
on the grounds of national origin, embodied in article 2, paragraph 2, as not necessarily
implying an automatic obligation on the part of States to guarantee foreigners the
same rights as their nationals.
The Princely Government declares that articles 6, 9, 11 and 13 should not be constituting
an impediment to provisions governing access to work by foreigners or fixing conditions
of residence for the granting of certain social benefits.
The Princely Government declares that it considers article 8, paragraph 1, subparagraphs
(a), (b) and (c) on the exercise of trade union rights to be compatible with the appropriate
legislative provisions regarding the formalities, conditions and procedures designed
to ensure effective trade union representation and to promote harmonious labour relations.
The Princely Government declares that in implementing the provisions of article 8
relating to the exercise of the right to strike, it will take into account the requirements,
conditions, limitations and restrictions which are prescribed by law and which are
necessary in a democratic society in order to guarantee the rights and freedoms of
others or to protect public order (ordre public), national security, public health
or morals.
Article 8, paragraph 2, should be interpreted as applying to the members of the police
force and agents of the State, the Commune and public enterprises.
Mongolië
18-11-1974
The Mongolian People's Republic declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights [...] under which a number of States cannot become parties to these Covenants, are of a discriminatory nature and considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States concerned without any discrimination or limitation.
Myanmar
06-10-2017
With reference to article 1 of the International Covenant on Economic, Social and Cultural Rights, the Government of the Republic of the Union of Myanmar declares that, in consistence with the Vienna Declaration and Programme of Action of 1993, the term “the right of self-determination” appearing in this article does not apply to any section of people within a sovereign independent state and cannot be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of a sovereign and independent state. In addition, the term shall not be applied to undermine Section 10 of the Constitution of the Republic of the Union of Myanmar, 2008.
Bezwaar Oostenrijk, 16-05-2018
The Government of Austria has carefully examined the declaration made by the Republic
of the Union of Myanmar upon ratification of the International Covenant on Economic,
Social and Cultural Rights of 16 December 1966. It considers this declaration to amount
to a reservation of a general and indeterminate scope, as it aims at applying a provision
of the Covenant only in conformity with the Constitution of Myanmar. However, the
Covenant is to be applied in accordance with international law, not in accordance
with the legislation of a particular state.
For this reason, Austria considers the reservation to be incompatible with the object
and purpose of the Covenant and objects to it. This objection shall however not preclude
the entry into force of the Covenant between the Republic of Austria and the Republic
of the Union of Myanmar. The Covenant will thus become operative between the two states
without Myanmar benefitting from the aforementioned reservation.
Finally, Austria wishes to point out that it does not share the narrow interpretation
of the right to self-determination expressed by Myanmar, i.e. that it were excluded
that this right ‘apply to any section of people within a sovereign independent state’.
At the same time, Austria also underlines the fundamental difference between the right
to self-determination and a claim to secession, taking into account the various ways
of exercising the right of self-determination including by way of autonomy within
a sovereign state.
Bezwaar Portugal, 07-09-2018
The Government of the Portuguese Republic has examined the declaration made by the
Government of the Republic of the Union of Myanmar to Article I of the International
Covenant on Economic, Social and Cultural Rights and considers that it is in fact
a reservation that seeks to limit the scope of the Covenant on a unilateral basis.
The Government of the Portuguese Republic considers that reservations by which a State
limits its responsibilities under the International Covenant on Economic, Social and
Cultural Rights by invoking the domestic law or/and religious beliefs and principles
raise doubts as to the commitment of the reserving State to the object and purpose
of the Convention, as such reservations are likely to deprive the provisions of the
Convention of their effect and are contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Covenant shall not be permitted.
Furthermore, the Government of the Portuguese Republic does not share the interpretation
of “the right of self-determination” expressed by the Government of the Republic of
the Union of Myanmar which limits the content of this right and is not in line with
the definition enshrined in International Law.
Thus the Government of the Portuguese Republic objects to this reservation.
This objection shall not preclude the entry into force of the Covenant between the
Portuguese Republic and the Republic of the Union of Myanmar.
Bezwaar Finland, 25-09-2018
The Government of Finland is pleased to learn that the Republic of Myanmar has become
party to the International Covenant on Economic, Social and Cultural Rights. However,
the Government of Finland has carefully examined the declaration made by the Republic
of the Union of Myanmar upon ratification, and is of the view that it raises certain
concerns. In fact, the declaration amounts to a reservation that purports to subject
the application of one of the core articles of the Covenant to the Constitution of
Myanmar.
Reservation of such an indeterminate and general scope as that made by Myanmar is
incompatible with the object and purpose of the Covenant and as such one that is not
permitted. Therefore Finland objects to it. This objection shall not preclude the
continued validity of the Covenant between the Republic of Finland and the Republic
of the Union of Myanmar. The Covenant will thus continue to operate between the two
states without Myanmar benefitting from the aforementioned reservation.
Bezwaar Duitsland, 26-09-2018
The Government of the Federal Republic of Germany is of the opinion that by granting
its Constitution precedence over a provision of the Covenant as well as by restricting
the term selfdetermination contained in Article 1 of the Covenant, Myanmar has made
a reservation which makes it unclear to what extent Myanmar accepts being bound by
the Covenant.
If Myanmar grants its Constitution precedence then this is a reservation of general
and indeterminate scope. What is important when it comes to applying the provisions
of the Covenant is conformity with international law and not with the national legislation
of the state which has acceded to the Covenant.
The right to self-determination anchored in the United Nations Charter and in the
Covenant applies to all peoples and not only to peoples under foreign rule. All peoples
therefore have the inalienable right to freely determine their political status and
to freely pursue their economic, social and cultural development. The German Government
cannot regard as legally valid an interpretation of the right to self-determination
which is at variance with the clear meaning of the provision in question.
Furthermore, it considers that any restriction of its applicability to all peoples
is incompatible with the object and purpose of the Covenant.
The Government of the Federal Republic of Germany therefore objects to this reservation,
which is incompatible with the object and purpose of the Covenant and thus impermissible.
This objection shall not preclude the entry into force of the Covenant between the
Federal Republic of Germany and Myanmar.
Bezwaar Nederlanden, het Koninkrijk der, 03-10-2018
The Government of the Kingdom of the Netherlands has carefully examined the declaration
made by the Republic of the Union of Myanmar upon ratification on 6 October 2017 of
the International Covenant on Economic, Social and Cultural Rights.
The Government of the Kingdom of the Netherlands considers that the declaration made
by the Republic of the Union of Myanmar in substance constitutes a reservation limiting
the scope of the right of self-determination of all peoples in Article 1 of the Covenant,
by applying that provision only in conformity with the Constitution of Myanmar.
The Government of the Kingdom of the Netherlands considers that such a reservation,
which seeks to limit the responsibilities of the reserving State under the Covenant
by invoking provisions of its domestic law, is likely to deprive the provisions of
the Covenant of their effect and therefore must be regarded as incompatible with the
object and purpose of the Covenant.
The Government of the Kingdom of the Netherlands recalls that according to customary
international law, as codified in the Vienna Convention on the Law of Treaties, reservations
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
of the Republic of the Union of Myanmar to the Covenant. This objection shall not
preclude the entry into force of the Covenant between the Kingdom of the Netherlands
and the Republic of the Union of Myanmar.
Bezwaar Ierland, 04-10-2018
Ireland has examined the declaration made by Myanmar to the International Covenant
on Economic, Social and Cultural Rights at the time of its ratification on 6 October
2017.
Ireland is of the view that the declaration of Myanmar, purporting to subject the
application of the term “the right of self-determination” to the provisions of the
Constitution of the Republic of the Union of Myanmar, in substance constitutes a reservation
limiting the scope of the Covenant.
Ireland considers that a reservation which consists of a general reference to the
Constitution of the reserving State and which does not clearly specify the extent
of the derogation from the provision of the Covenant may cast doubt on the commitment
of the reserving state to fulfil its obligations under the Covenant. Ireland is furthermore
of the view that such a reservation may undermine the basis of international treaty
law and is incompatible with the object and purpose of the Covenant. Ireland recalls
that under international treaty law a reservation incompatible with the object and
purpose of the Covenant shall not be permitted.
Ireland therefore objects to the aforesaid reservation made by Myanmar to Article
1 of the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between Ireland
and Myanmar.
Bezwaar Zweden, 04-10-2018
The Government of Sweden has examined the declaration made by the Government of the
Republic of the Union of Myanmar upon ratification to the International Covenant on
Economic, Social and Cultural Rights by which, with reference to Article 1, it declared
that the term ‘right to selfdetermination’ does not apply to any section of people
within a sovereign independent state and cannot be construed as authorizing or encouraging
any action which would dismember or impair, totally or in part, the territorial integrity
or political unity of a sovereign and independent state and also that the provision
of the Covenant will only be applied in conformity with the Constitution of Myanmar.
In this context the Government of Sweden would like to recall, that under well-established
international treaty law, the name assigned to a statement whereby the legal effect
of certain provisions of a treaty is excluded or modified, does not determine its
status as a reservation to the treaty. Thus, the Government of Sweden considers that
the declaration made by the Government of Myanmar, in the absence of further clarification,
in substance constitutes a reservation to the Covenant.
The declaration concerning Article 1 places conditions on the exercise of the right
of peoples to self-determination not provided for in international law. To attach
such conditions could undermine the concept of self-determination itself and would
thereby seriously weaken its universally acceptable character.
Furthermore, the Government of Sweden notes that the declaration implies that Article
1 of the Covenant is made subject to a general reservation referring to domestic law
of Myanmar.
Consequently, the Government of Sweden is of the view that the declaration raises
doubts as to the commitment of Myanmar to the object and purpose of the Covenant and
would recall that, according to customary international law, as codified in the Vienna
Convention on the Law of Treaties, a reservation incompatible with the object and
purpose of a treaty shall not be permitted. It is in the common interest of States
that treaties to which they have chosen to become parties are respected as to their
object and purpose, by all parties, and that States are prepared to undertake any
legislative changes necessary to comply with their obligations under the treaties.
For this reason, the Government of Sweden objects to the aforementioned reservation
made by the Government of Myanmar. This objection shall not preclude the entry into
force of the treaty between Sweden and Myanmar. The treaty enters into force in its
entirety between Myanmar and Sweden without Myanmar benefiting from its reservation.
Bezwaar Letland, 05-10-2018
The Government of the Republic of Latvia has carefully examined the declaration made
by the Republic of the Union of Myanmar upon ratification of the International Covenant
on Economic, Social and Cultural Rights.
In the view of the Government of the Republic of Latvia, this declaration amounts
to a reservation. Article 1 of the Covenant forms the very basis of the Covenant and
its main purpose, thus no derogations from those obligations can be made.
Moreover, a reservation which subordinates any provision of the Covenant in general
to the Constitution of the Republic of the Union of Myanmar constitutes a reservation
of general scope which is likely to cast doubt on the full commitment of the Republic
of the Union of Myanmar to the object and purpose of the Covenant.
Reservation made by the Republic of the Union of Myanmar seeks to limit the scope
of the Covenant on a unilateral basis thus the reservation is incompatible with the
object and the purpose of the Covenant and therefore inadmissible under Article 19(c)
of the Vienna Convention on the Law of Treaties. Therefore, the Government of the
Republic of Latvia objects to this reservation.
However, this objection shall not preclude the entry into force of the Covenant between
the Republic of Latvia and the Republic of the Union of Myanmar. The Covenant will
thus become operative between the two States without the Republic of the Union of
Myanmar benefitting from its declaration.
Nederlanden, het Koninkrijk der
11-12-1978
Reservation with respect to Article 8, paragraph 1 (d)
The Kingdom of the Netherlands does not accept this provision in the case of the Netherlands
Antilles with regard to the latter's central and local government bodies." [The Kingdom
of the Netherlands] clarify that although it is not certain whether the reservation
[...] is necessary, [it] has preferred the form of a reservation to that of a declaration.
In this way the Kingdom of the Netherlands wishes to ensure that the relevant obligation
under the Covenant does not apply to the Kingdom as far as the Netherlands Antilles
is concerned.
06-07-2017
… the Kingdom of the Netherlands, for Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), withdraws the reservation made with respect to Article 8, paragraph 1, under d, of the International Covenant on Economic, Social and Cultural Rights…
Nieuw-Zeeland
28-12-1978
The Government of New Zealand reserves the right not [to] apply article 8 to the extent that existing legislative measures, enacted to ensure effective trade union representation and encourage orderly industrial relations, may not be fully compatible with that article.
05-09-2003
Withdrawal of the following reservation in respect of the metropolitan territory of
New Zealand:
"The Government of New Zealand reserves the right to postpone, in the economic circumstances
foreseeable at the present time, the implementation of article 10 (2) as it relates
to paid maternity leave or leave with adequate social security benefits."
Declaration
[The Government of New Zealand] [d]eclares that, consistent with the constitutional
status of Tokelau and taking into account the commitment of the Government of New
Zealand to the development of self-government for Tokelau through an act of self-determination
under the Charter of the United Nations, the withdrawal of this reservation [article
10, par. 2] shall not extend to Tokelau unless and until a Declaration to this effect
is lodged by the Government of New Zealand with the Depositary on the basis of appropriate
consultation with that territory.
Noorwegen
13-09-1972
Subject to reservations to article 8, paragraph 1 (d) "to the effect that the current Norwegian practice of referring labour conflicts to the State Wages Board (a permanent tripartite arbitral commission in matters of wages) by Act of Parliament for the particular conflict, shall not be considered incompatible with the right to strike, this right being fully recognised in Norway.
Oekraïne
12-11-1973
The Ukrainian Soviet Socialist Republic declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights [...], under which a number of States cannot become parties to these Covenants, are of a discriminatory nature and considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States concerned without any discrimination or limitation.
Oman
09-06-2020
… [the Government of Oman makes] a reservation in respect of article 8, paragraph
1, subparagraphs (a) and (d) of that Covenant, regarding the right to form trade unions
and the right to strike, in so far as the employees of government units are concerned.
Pakistan
03-11-2004
While the Government of Islamic Republic of Pakistan accepts the provisions embodied in the International Covenant on Economic, Social and Cultural Rights, it will implement the said provisions in a progressive manner, in keeping with the existing economic conditions and the development plans of the country. The provisions of the Covenant shall, however, be subject to the provisions of the constitution of the Islamic Republic of Pakistan.
Bezwaar Duitsland, 08-11-2004
The Government of the Federal Republic of Germany has carefully examined the declaration
made by the Government of the Islamic Republic of Pakistan upon signature of the International
Covenant on Economic, Social and Cultural Rights.
The Government of the Islamic Republic of Pakistan declared that it "will implement
the (...) Provisions in a progressive manner, in keeping with the existing economic
conditions and the development plans of the country". Since some fundamental obligations
resulting from the International Covenant on Economic, Social and Cultural Rights,
including in particular the principle of non-discrimination found in Article 2 (2)
thereof, are not susceptible to progressive implementation and are thus to be guaranteed
immediately, the declaration represents a significant qualification of Pakistan's
commitment to guarantee the human rights referred to in the Covenant.
The Government of the Islamic Republic of Pakistan also declared that "the provisions
of the Covenant shall, however, be subject to the provisions of the constitution of
the Islamic Republic of Pakistan". The Government of the Federal Republic of Germany
is of the opinion that this leaves it unclear to which extent the Islamic Republic
of Pakistan considers itself bound by the obligations resulting from the Covenant.
The Government of the Federal Republic of Germany therefore regards the above-mentioned
declarations as reservations and as incompatible with the object and purpose of the
Covenant.
The Government of the Federal Republic of Germany therefore objects to the above-mentioned
reservations made by the Government of the Islamic Republic of Pakistan to the International
Covenant on Economic, Social and Cultural Rights. This objection shall not preclude
the entry into force of the Covenant between the Federal Republic of Germany and the
Islamic Republic of Pakistan.
Bezwaar Zweden, 01-03-2005
The Government of Sweden would like to recall that the designation assigned to a statement
whereby the legal effect of certain provisions of a treaty is excluded or modified
does not determine its status as a reservation to the treaty.
The Government of Sweden is of the view that although Article 2 (1) of the Covenant
allows for a progressive realization of the provisions, this may not be invoked as
a basis for discrimination.
The application of the provisions of the Covenant has been made subject to provisions
of the constitution of the Islamic Republic of Pakistan. This makes it unclear to
what extent the Islamic Republic of Pakistan considers itself bound by the obligations
of the treaty and therefore raises doubts as to the commitment of the Islamic Republic
of Pakistan to the object and purpose of the Covenant. The Government of Sweden considers
that the declaration made by the Government of the Islamic Republic of Pakistan to
the International Covenant on Economic, Social and Cultural Rights in substance constitutes
a reservation.
It is of common interest of States that all Parties respect treaties to which they
have chosen to become parties and that States are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties. According to
customary international law, as codified in the Vienna Convention on the Law of Treaties,
a reservation incompatible with the object and purpose of a treaty shall not be permitted.
The Government of Sweden therefore objects to the reservation made by the Islamic
Republic of Pakistan to the International Covenant on Economic, Social and Cultural
Rights.
This objection shall not preclude the entry into force of the Covenant between Pakistan
and Sweden, without Pakistan benefiting from its reservation.
Bezwaar Denemarken, 17-03-2005
The Government of Denmark has examined the declaration made by the Islamic Republic
of Pakistan upon [signing] the 1966 International Covenant on Economic, Social and
Cultural Rights.
The application of the provisions of the said Covenant has been made subject to the
provisions of the constitution of the Islamic Republic of Pakistan. This general formulation
makes it unclear to what extent the Islamic Republic of Pakistan considers itself
bound by the obligations of the Covenant and therefore raises doubt as to the commitment
of the Islamic Republic of Pakistan to the object and purpose of the Covenant.
The Government of Denmark considers that the declaration made by the Islamic Republic
of Pakistan to the international Covenant on Economic, Social and Cultural Rights
in substance constitutes a reservation and that this reservation is incompatible with
the object and purpose of the Covenant.
For the above-mentioned reasons, the Government of Denmark objects to this declaration
made by the Islamic Republic of Pakistan. This objection does not preclude the entry
into force of the Covenant between the Islamic Republic of Pakistan and Denmark without
Pakistan benefiting from her declaration.
Bezwaar Verenigd Koninkrijk, 17-08-2005
The Government of the United Kingdom have examined the Declaration made by the Government
of Pakistan on 3 November 2004 on signature of the International Covenant on Economic,
Social and Cultural Rights (done at New York on 16 December 1966).
The Government of the United Kingdom consider that the Government of Pakistan's Declaration
which seeks to subject its obligations under the Covenant to the provisions of its
own Constitution is a reservation which seeks to limit the scope of the Covenant on
a unilateral basis. The Government of the United Kingdom note that a reservation to
a Convention which consists of a general reference to national law without specifying
its contents does not clearly define for the other States Parties to the Convention
the extent to which the reserving State has accepted the obligations of the Convention.
The Government of the United Kingdom therefore object to this reservation made by
the Government of Pakistan.
This objection shall not preclude the entry into force of the Covenant between the
United Kingdom of Great Britain and Northern Ireland and Pakistan.
Bezwaar Nederlanden, het Koninkrijk der, 07-10-2005
The Government of the Kingdom of the Netherlands has examined the declaration made
by the Islamic Republic of Pakistan on 3 November 2004 upon signature of the International
Covenant on Economic, Social and Cultural rigths, done at New York on 16 december
1966.
The Governement of the Kingdom of the Netherlands would like to recall that the status
of a statement is not determined by the designation assigned to it.
The application of the provisions of the International Covenant on Economic, Social
and Cultural Rights has been made subject to the provisions of the constitution of
the Islamic Republic of Pakistan.
This makes it unclear to what extent the Islamic Republic of Pakistan considers itself
bound by the obligations of the treaty. It is of the common interest of States that
all parties respect treaties to which they have chosen to become parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties. A reservation as formulated by the Islamic Republic
of Pakistan is thus likely to contribute to undermining the basis of international
treaty law.
The Government of the Kingdom of the Netherlands considers that the declaration made
by the Islamic Republic of Pakistan to the International Covenant on Economic, Social
and Cultural rights in substance constitutes a reservation.
The Government of the Kingdom of the Netherlands therefore objects to the declaration
made by the Islamic Republic of Pakistan to the International Covenant on Economic,
Social and Cultural rights. This objections shall not preclude the entry into force
of the Covenant between the Kigndom of the Netherlands and the Islamic Republic of
Pakistan, without Pakistan benefiting from its declaration.
Bezwaar Letland, 10-11-2005
The Government of the Republic of Latvia has carefully examined the declaration made
by the Islamic Republic of Pakistan to the International Covenant on [Economic, Social
and Cultural] Rights upon accession.
The Government of the Republic of Latvia considers that the declaration contains general
reference to national law, making the provisions of International Covenant subject
to the national law of the Islamic Republic of Pakistan.
Thus, the Government of the Republic of Latvia is of the opinion that the declaration
is in fact a unilateral act deemed to limit the scope of application of the International
Covenant and therefore, it shall be regarded as a reservation.
Moreover, the Government of the Republic of Latvia noted that the reservation does
not make it clear to what extent the Islamic Republic of Pakistan considers itself
bound by the provisions of the International Covenant and whether the way of implementation
of the provisions of the International Covenant is in line with the object and purpose
of the International Covenant.
The Government of the Republic of Latvia recalls that customary international law
as codified by Vienna Convention on the Law of Treaties, and in particular Article
19 (c), sets out the reservations that are incompatible with the object and purpose
of a treaty are not permissible.
The Government of the Republic of Latvia therefore objects to the aforesaid reservations
made by the Islamic Republic of Pakistan to the International Covenant on Economic,
Social and Cultural Rights.
However, this objection shall not preclude the entry into force of the International
Covenant between the Republic of Latvia and the Islamic Republic of Pakistan. Thus,
the International Covenant will become operative without the Islamic Republic of Pakistan
benefiting from its reservation.
Bezwaar Frankrijk, 11-11-2005
The Government of the French Republic has examined the declaration made by the Government of the Islamic Republic of Pakistan upon signing the International Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, according to which 'The provisions of the Covenant shall be subject to the provisions of the constitution of the Islamic Republic of Pakistan'. Such a declaration is general in scope and unclear and could render the provisions of the Covenant null and void. The Government of the French Republic considers that the said declaration constitutes a reservation which is incompatible with the object and purpose of the Covenant and it therefore objects to that declaration. This objection does not preclude the entry into force of the Covenant between France and Pakistan.
Bezwaar Finland, 15-11-2005
The Government of Finland has carefully examined the declaration made by the Government
of the Islamic Republic of Pakistan regarding the International Covenant on Economic,
Social and Cultural Rights. The Government of Finland takes note that the provisions
of the Covenant shall, according to the Government of the Islamic Republic of Pakistan,
be subject to the provisions of the constitution of the Islamic Republic of Pakistan.
The Government of Finland notes that a reservation which consists of a general reference
to national law without specifying the contents does not clearly define to other Parties
to the Convention the extent to which the reserving State commits itself to the Convention
and creates serious doubts as to the commitment of the receiving State to fulfil its
obligations under the Convention. Such reservations are, furthermore, subject to the
general principle of treaty interpretation according to which a party may not invoke
the provisions of its domestic law as justification for a failure to perform its treaty
obligations.
The Government of Finland therefore objects to the above-mentioned declaration made
by the Government of the Islamic Republic of Pakistan to the Covenant. This objection
does not preclude the entry into force of the Covenant between the Islamic Republic
of Pakistan and Finland. The Covenant will thus become operative between the two states
without the Islamic Republic of Pakistan benefiting from its declaration.
Bezwaar Spanje, 15-11-2005
The Government of the Kingdom of Spain has examined the Declaration made by the Government
of the Islamic Republic of Pakistan on 3 November 2004 on signature of the International
Covenant on Economic, Social and Cultural Rights, of 16 December 1966.
The Government of the Kingdom of Spain points out that regardless of what it may be
called, a unilateral declaration made by a State for the purpose of excluding or changing
the legal effects of certain provisions of a treaty as it applies to that State constitutes
a reservation.
The Government of the Kingdom of Spain considers that the Declaration made by the
Government of the Islamic Republic of Pakistan, which seeks to subject the application
of the provisions of the Covenant to the provisions of the constitution of the Islamic
Republic of Pakistan is a reservation which seeks to limit the legal effects of the
Covenant as it applies to the Islamic Republic of Pakistan. A reservation that includes
a general reference to national law without specifying its contents does not make
it possible to determine clearly the extent to which the Islamic Republic of Pakistan
has accepted the obligations of the Covenant and, consequently, creates doubts as
to the commitment of the Islamic Republic of Pakistan to the object and purpose of
the Covenant.
The Government of the Kingdom of Spain considers that the Declaration made by the
Government of the Islamic Republic of Pakistan to the effect that it subjects its
obligations under the International Covenant on Economic, Social and Cultural Rights
to the provisions of its constitution is a reservation and that that reservation is
incompatible with the object and purpose of the Covenant.
According to customary international law, as codified in the Vienna Convention on
the Law of Treaties, reservations that are incompatible with the object and purpose
of a treaty are not permissible.
Consequently, the Government of the Kingdom of Spain objects to the reservation made
by the Government of the Islamic Republic of Pakistan to the International Covenant
on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between the
Kingdom of Spain and the Islamic Republic of Pakistan.
Bezwaar Noorwegen, 17-11-2005
The Government of the Kingdom of Norway have examined the Declaration made by the
Government of the Islamic Republic of Pakistan on 3 November 2004 on signature of
the International Covenant on Economic, Social and Cultural Rights (New York, 16 December
1966). According to the first part of the Declaration, the Government of the Islamic
Republic of Pakistan "will implement the (...) provisions (embodied in the Covenant)
in a progressive manner, in keeping with the existing economic conditions and the
development plans of the country". Since some fundamental obligations embodied in
the Covenant, including in particular the principle of non-discrimination found in
Article 2 (2) thereof, are not susceptible to progressive implementation and are thus
to be guaranteed immediately, the Government of the Kingdom of Norway consider that
this part of the Declaration represents a significant qualification of Pakistan's
commitment to guarantee the provisions embodied in the Covenant.
According to the second part of the Declaration, "(t)he provisions of the Covenant
shall, however, be subject to the provisions of the constitution of the Islamic Republic
of Pakistan. "The Goverment of the Kingdom of Norway note that a general reference
to national law without specifying its contents does not clearly define for the other
States Parties to the Convention the extent to which the reserving State has accepted
the obligations of the Convention.
The Government of the Kingdom of Norway consider that both parts of the Government
of the Islamic Republic of Pakistan's Declaration seek to limit the scope of the Covenant
on a unilateral basis and therefore constitute reservations. The Government of the
Kingdom of Norway consider both reservations to be incompatible with the object and
purpose of the Covenant, and therefore object to the reservations made by the Government
of the Islamic Republic of Pakistan.
This objection does not preclude the entry into force in its entirety of the Covenant
between the Kingdom of Norway and the Islamic Republic of Pakistan, without the Islamic
Republic of Pakistan benefiting from its reservations.
Bezwaar Oostenrijk, 25-11-2005
The Government of Austria has examined the declaration made by the Islamic Republic
of Pakistan upon signature of the International Covenant on Economic, Social and Cultural
Rights.
The application of the provisions of the Covenant has been made subject to provisions
of national law. This makes it unclear to what extent the Islamic Republic of Pakistan
considers itself bound by the obligations of the treaty and therefore raises concerns
as to the commitment of the Islamic Republic of Pakistan to the object and purpose
of the Covenant.
The Government of Austria considers that the declaration made by the Islamic Republic
of Pakistan to the Covenant in substance constitutes a reservation and that this reservation
is incompatible with the object and the purpose of the Covenant.
The Government of Austria therefore objects to the reservation made by the Islamic
Republic of Pakistan to the Covenant.
This objection shall not preclude the entry into force of the Covenant between the
Islamic Republic of Pakistan and the Republic of Austria.
17-04-2008
Withdrawal of the declaration made upon signature.
Reservation
Pakistan, with a view to achieving progressively the full realization of the rights
recognized in the present Covenant, shall use all appropriate means to the maximum
of its available resources.
Bezwaar Slowakije, 09-04-2009
The Government of the Slovak Republic has carefully examined the reservation made
by the Government of the Islamic Republic of Pakistan upon ratification of the International
Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, according
to which, "Pakistan, with a view to achieving progressively the full realization of
the rights recognized in the present Covenant, shall use all ap[p]ropriate means to
the maximum of its available resources."
The Government of the Slovak Republic is of the view that the reservation is too general
and unclear and raises doubts as to the commitment of the Islamic Republic of Pakistan
to its obligations under the Covenant, essential for the fulfillment of its object
and purpose.
The Government of the Slovak Republic objects for these reasons to the above mentioned
reservation made by the Government of the Islamic Republic of Pakistan upon ratification
of the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the International Covenant
on Economic, Social and Cultural Rights between the Slovak Republic and the Islamic
Republic of Pakistan. The International Covenant on Economic, Social and Cultural
Rights enters into force in its entirety between the Slovak Republic and the Islamic
Republic of Pakistan, without the Pakistan benefiting from its reservation.
Bezwaar Nederlanden, het Koninkrijk der, 15-04-2009
The Government of the Kingdom of the Netherlands has carefully examined the reservation
made by the Government of Pakistan upon ratifying the International Covenant on Economic,
Social and Cultural Rights.
It is the understanding of the Kingdom of the Netherlands that the reservation of
Pakistan does not exclude or modify the legal effect of the provisions of the Covenant
in their application to Pakistan.
Bezwaar Frankrijk, 16-04-2009
The Government of the French Republic has examined the reservation made by the Government of the Islamic Republic of Pakistan upon ratification of the International Covenant on Economic, Social and Cultural Rights, which was adopted on 16 December 1966. The reservation states that Pakistan, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, shall use all appropriate means to the maximum of its available resources. Although this declaration has been referred to as a reservation, it simply reformulates the content of article 2, paragraph 1, of the Covenant. Furthermore, it cannot have the effect of modifying the other provisions of the Covenant without constituting a reservation of general scope that is incompatible with the object and purpose of the Covenant. The Government of the French Republic therefore considers the reservation by Pakistan to be a mere declaration that is devoid of legal effect.
Palestina
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.294.2014.TREATIES-IV.3,
dated 22 May 2014, conveying a communication of Israel regarding the accession of
the State of Palestine to the International Covenant on Economic, Social and Cultural
Rights, dated 16 December 1966.
The Government of the State of Palestine regrets the position of Israel, the occupying
Power, and wishes to recall United Nations General Assembly resolution 67/19 of 29
November 2012 according Palestine 'non-member observer State status in the United
Nations'. In this regard, Palestine is a State recognized by the United Nations General
Assembly on behalf of the international community.
As a State Party to the International Covenant on Economic, Social and Cultural Rights,
which will enter into force on 2 July 2014, the State of Palestine will exercise its
rights and honor its obligations with respect to all States Parties. The State of
Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
06-06-2014
The Permanent Observer of the State of Palestine to the United Nations presents his
compliments to the Secretary-General of the United Nations, in his capacity as Depositary,
and has the honor to refer to depositary notification C.N.276.2014.TREATIES-IV.3,
dated 22 May 2014, conveying a communication of Canada regarding the accession of
the State of Palestine to the International Covenant on Economic, Social and Cultural
Rights, dated 16 December 1966.
The Government of the State of Palestine regrets the position of Canada and wishes
to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according
Palestine 'non-member observer State status in the United Nations'. In this regard,
Palestine is a State recognized by the United Nations General Assembly on behalf of
the international community.
As a State Party to the International Covenant on Economic, Social and Cultural Rights,
which will enter into force on 2 July 2014, the State of Palestine will exercise its
rights and honor its obligations with respect to all States Parties. The State of
Palestine trusts that its rights and obligations will be equally respected by its
fellow States Parties.
Qatar
21-05-2018
Reservation:
The State of Qatar does not consider itself bound by the provisions of Article 3 of
the International Covenant on Economic, Social and Cultural Rights, for they contravene
the Islamic Sharia with regard to questions of inheritance and birth.
Statement:
The State of Qatar shall interpret that what is meant by “trade unions” and their
related issues stated in Article 8 of the International Covenant on Economic, Social
and Cultural Right[s], is in line with the provisions of the Labor Law and national
legislation. The State of Qatar reserves the right to implement that article in accordance
with such understanding.
Bezwaar Duitsland, 25-01-2019
The Government of the Federal Republic of Germany has carefully examined the reservation
and statement made by the State of Qatar with regard to the International Covenant
on Economic, Social and Cultural Rights of 16 December 1966.
Both the reservation to Article 3 and the statement concerning Article 8 make the
application of these provisions of the Covenant subject to the Islamic Sharia or national
legislation. The statement concerning Article 8 is thus of its nature also a reservation.
The Government of the Federal Republic of Germany is of the opinion that by making
the application of Article 3 and Article 8 of the Covenant subject to the Islamic
Sharia or national law, the State of Qatar has submitted reservations which raise
doubts concerning the extent to which it intends to fulfil its obligations under the
Covenant.
The above-mentioned reservations are incompatible with the object and purpose of the
Covenant and are accordingly not permitted under Article 19 sub-paragraph (c) of the
Vienna Convention on the Law of Treaties of 23 May 1969. The Federal Republic of Germany
thus objects to these reservations.
This objection shall not preclude the entry into force of the Covenant between the
Federal Republic of Germany and the State of Qatar.
Bezwaar Polen, 20-03-2019
The Government of the Republic of Poland has carefully examined the [reservation]
to the Article 3 and the declaration to the Article 8 of the International Covenant
on Economic, Social and Cultural Rights, done in New York on December 16, 1966, done
upon its [accession] on May 21, 2018.
The Government of the Republic of Poland considers the reservation that the Qatar
does not consider itself bound by the provisions of Article 3 of the International
Covenant on Economic, Social and Cultural Rights, for they contravene the Islamic
Sharia with regard to questions of inheritance and birth and the statement according
to which the Qatar shall interpret that what is meant by “trade unions” and their
related issues stated in Article 8 of the International Covenant on Economic, Social
and Cultural Rights, is in line with the provisions of the Labor Law and national
legislation and that the Qatar reserves the right to implement that article in accordance
with such understanding is incompatible with the object and purpose of the Covenant.
Therefore the Government of the Republic of Poland objects to them.
This objection shall not preclude the entry into force of the [Covenant] between the
Republic of Poland and the State of Qatar.
Bezwaar Estland, 08-05-2019
The Government of Estonia has carefully examined the reservations made by the State
of Qatar to Article 3 and Article 23(4), as well as the statements made with regard
to Article 7, Article 18(2), Article 22 and Article 23(2) of the Covenant.
The reservations to Article 3 and to Article 23(4) as well as statements 1 to 4 make
the application of specific provisions of the Covenant subject to the Islamic Sharia
or national legislation. Statements 1 to 4 are thus of their nature also reservations.
The reservations and statements 1 to 4 are raising doubts concerning the extent to
which the State of Qatar intends to fulfil its obligations under the Covenant.
Estonia considers aforementioned reservations and statements made by the State of
Qatar incompatible with the object and purpose of the Covenant, which are not permitted
under Article 19 sub-paragraph (c) of the Vienna convention on the Law of Treaties
of 23 May 1969. The Government of Estonia thus objects to them.
This objection shall not preclude the entry into force of the Covenant between the
Republic of Estonia and the State of Qatar.
Bezwaar Finland, 14-05-2019
The Government of Finland is pleased to learn that the State of Qatar has become party
to the International Covenant on Economic, Social and Cultural Rights. However, the
Government of Finland has carefully examined the reservation to Article 3 and the
statement concerning Article 8 made by the State of Qatar upon accession, and is of
the view that they raise certain concerns. In fact, also the statement amounts to
a reservation that purports to subject the application of one of the Covenant’s provisions
to national legislation.
Both reservations make the application of these provisions of the Covenant subject
to the Islamic Sharia or national legislation. Thus, the Government of Finland is
of the opinion that the State of Qatar has submitted reservations which cast doubts
on the commitment of Qatar to the object and purpose of the Covenant. Such reservations
are, furthermore, subject to the general principle of treaty interpretation according
to which a party may not invoke the provisions of its domestic law as justification
for a failure to perform its treaty obligations.
The above-mentioned reservations are incompatible with the object and purpose of the
Covenant and are accordingly not permitted under Article 19 sub-paragraph (c) of the
Vienna Convention on the Law of Treaties. Therefore, the Government of Finland objects
to these reservations. This objection shall not preclude the entry into force of the
Covenant between the Republic of Finland and the State of Qatar. The Covenant will
thus enter into force between the two states without Qatar benefitting from the aforementioned
reservation.
Bezwaar Hongarije, 14-05-2019
Hungary has examined the reservation and statement made by the State of Qatar upon
ratification of the International Covenant on Economic, Social and Cultural Rights
done in New York on 16 December 1966.
The reservation to Article 3 of the Covenant make[s] the application of this provision
subject to the Islamic Sharia. The statement to Article 8 of the Covenant make[s]
the application of this provision subject to the national legislation. Hungary considers
the statement to Article 8 made by the State of Qatar by its nature also as a reservation.
Hungary is of the view that making the application of Article 3 of the Covenant subject
to the Islamic Sharia and Article 8 of the Covenant subject to the national legislation
raises doubts as to the extent of Qatar’s commitment to meet its obligations under
the Covenant and are incompatible with the object and purpose of the Covenant, that
is to promote, protect and ensure the full and equal enjoyment of all economic, social
and cultural rights by all individuals.
Hungary considers the aforementioned reservations inadmissible as they are not permitted
under Article 19 sub-paragraph (c) of the Vienna Convention on the Law of Treaties,
thus objects to these reservations. This objection shall not preclude the entry into
force of the Covenant between Hungary and the State of Qatar. The Covenant will thus
become operative between the two States without the State of Qatar benefitting from
its reservations.
Bezwaar Nederlanden, het Koninkrijk der, 15-05-2019
The Government of the Kingdom of the Netherlands has carefully examined the reservation
and the statement made by the State of Qatar upon accession to the International Covenant
on Economic, Social and Cultural Rights, as communicated by the Secretary-General
via depositary notification C.N.260.2018.TREATIES-IV.3 of 21 May 2018, and wishes
to communicate the following.
The Government of the Kingdom of the Netherlands notes that Qatar does not consider
itself bound by the provisions of Article 3 of the International Covenant on Economic,
Social and Cultural Rights, for they contravene the Islamic Sharia with regard to
questions of inheritance and birth.
Further, the Government of the Kingdom of the Netherlands considers that the statement
made by the State of Qatar with respect to Article 8 of the Covenant in substance
constitutes a reservation limiting the scope of the rights of trade unions in Article
8 of the Covenant, by applying that provision only in conformity with the national
legislation of the State of Qatar.
The Government of the Kingdom of the Netherlands considers that such reservations,
which seek to limit the responsibilities of the reserving State under the Covenant
by invoking provisions of the Islamic Sharia and national legislation, are likely
to deprive the provisions of the Covenant of their effect and therefore must be regarded
as incompatible with the object and purpose of the Covenant.
The Government of the Kingdom of the Netherlands recalls that according to customary
international law, as codified in the Vienna Convention on the Law of Treaties, reservations
incompatible with the object and purpose of a treaty shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservations
of the State of Qatar to the Covenant.
This objection shall not preclude the entry into force of the Covenant between the
Kingdom of the Netherlands and the State of Qatar.
Bezwaar Letland, 15-05-2019
The Government of the Republic of Latvia has carefully examined the reservation and
the statement made by the State of Qatar upon ratification of the 1966 Covenant on
Economic, Social and Cultural rights.
The Republic of Latvia considers that Article 3 of the Covenant forms the very basis
of the Covenant and its main purpose, thus no derogations from those obligations can
be made. In addition, the statement regarding the provisions of Article 8 of the Covenant
making the application of these provisions subject to national law is in its own nature
also a reservation.
The reservations made by the State of Qatar regarding Article 3 and Article 8 [exclude]
the legal effect of central provision[s] of the Covenant, thus the reservations are
incompatible with the object and the purpose of the Covenant and therefore inadmissible
under Article 19 (c) of the 1969 Vienna Convention on the Law of Treaties.
However, this objection shall not preclude the entry into force of the Covenant between
the Republic of Latvia and the State of Qatar. Thus, the Covenant will become operative
between the two States without the State of Qatar benefitting from its reservations.
Bezwaar Oostenrijk, 16-05-2019
The Government of Austria has carefully examined the reservation and statement made
by the State of Qatar upon accession to the International Covenant on Economic, Social
and Cultural Rights.
Austria considers the statement concerning Article 8 to amount to a reservation as
it aims at applying a provision of the Covenant only in conformity with national legislation.
However, the Covenant is to be applied in accordance with international law, not only
in accordance with the legislation of a particular state.
By referring to its national legislation or to the Islamic sharia, Qatar’s reservations
to Article 3 and Article 8 of the Covenant are of a general and indeterminate scope.
These reservations do not clearly define for the other States Parties the extent to
which the reserving state has accepted the obligations of the Covenant. Furthermore,
the reservation to Article 3 seeks to exclude, at least partly, the application of
one of the most central provisions which is related to all rights set forth in the
Covenant.
Austria therefore considers both reservations to be incompatible with the object and
purpose of the Covenant and objects to them. This objection shall not preclude the
entry into force of the Covenant between the Republic of Austria and the State of
Qatar. The Covenant will thus become operative between the two states without Qatar
benefitting from the aforementioned reservations.
Bezwaar Zwitserland, 17-05-2019
The Swiss Federal Council has examined the reservation and the statement made by the
State of Qatar upon accession to the International Covenant on Economic, Social and
Cultural Rights of 16 December 1966.
The Swiss Federal Council considers that the declaration of Qatar concerning article
8 of the Covenant amounts, in fact, to a reservation. Reservations subjecting all
or part of article 3 and article 8 of the Covenant in general terms to Islamic Sharia
and/or national legislation constitute reservations of general scope which raise doubts
about the full commitment of the State of Qatar to the object and purpose of the Covenant.
The Swiss Federal Council recalls that, according to sub-paragraph (c) of article
19 of the Vienna Convention of 23 May 1969 on the Law of Treaties, reservations incompatible
with the object and purpose of the Covenant are not permitted.
It is in the common interest of States that instruments to which they have chosen
to become parties be respected in their object and purpose by all parties, and that
States be prepared to amend their legislation in order to fulfil their treaty obligations.
Henceforth, the Swiss Federal Council objects to these reservations of the State of
Qatar. This objection shall not preclude the entry into force of the Covenant, in
its entirety, between Switzerland and the State of Qatar.
Bezwaar Tsjechië, 20-05-2019
The Government of the Czech Republic has examined the reservation and statement formulated
by the State of Qatar upon its accession to the International Covenant· on Economic,
Social and Cultural Rights.
The Government of the Czech Republic is of the view that both the reservation formulated
by the State of Qatar with respect to Article 3 of the Covenant and the statement
with respect to Article 8 of the Covenant amount to reservations of general and vague
nature, since they make the application of specific provisions of the Covenant subject
to the Islamic Sharia and national law and their character and scope cannot be properly
assessed.
The Government of the Czech Republic wishes to recall that the reservations may not
be general or vague and that the Covenant is to be applied and interpreted in accordance
with international law.
The Government of the Czech Republic therefore considers the aforementioned reservations
to be incompatible with the object and purpose of the Covenant and objects to them.
This objection shall not preclude the entry into force of the Covenant between the
Czech Republic and the State of Qatar, without the State of Qatar benefitting from
the reservations.
Bezwaar Ierland, 20-05-2019
Ireland welcomes the accession of Qatar to the International Covenant on Economic,
Social and Cultural Rights on 21 May 2018.
Ireland has examined the reservation and statement made by Qatar to the International
Covenant on Economic, Social and Cultural Rights at the time of its accession.
Ireland is of the view that the reservation by Qatar, purporting to exclude its obligations
under Article 3, is contrary to the object and purpose of the Covenant.
Ireland is furthermore of the view that the statement by Qatar, purporting to subject
the implementation of Article 8 to national law, in substance constitutes a reservation
limiting the scope of the Covenant.
Ireland considers that such reservations, which purport to subject the reserving State’s
obligations under an international agreement to national law without specifying the
content thereof and which do not clearly specify the extent of the derogation from
the provisions of the international agreement, may cast doubt on the commitment of
the reserving State to fulfil its obligations under the international agreement. Ireland
is furthermore of the view that such a reservation may undermine the basis of international
treaty law and is incompatible with the object and purpose of the international agreement.
Ireland recalls that under international treaty law a reservation incompatible with
the object and purpose of the international agreement shall not be permitted.
Ireland therefore objects to the aforesaid reservations made by Qatar to Articles
3 and 8 of the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between Ireland
and Qatar.
Bezwaar Portugal, 20-05-2019
The Government of the Portuguese Republic has examined the contents of the reservation
to Article 3 and of the statement regarding Article 8 of the International Covenant
on Economic, Social and Cultural Rights made by the State of Qatar.
The Government of the Portuguese Republic considers that the reservation to Article
3 of the International Covenant on Economic, Social and Cultural Rights is contrary
to the object and purpose of the International Covenant on Economic, Social and Cultural
Rights.
Furthermore, it considers that the statement regarding Article 8 of the Covenant is
in fact a reservation that seeks to limit the scope of the Covenant on a unilateral
basis.
The Government of the Portuguese Republic considers that reservations by which a State
limits its responsibilities under [the] International Covenant on Economic, Social
and Cultural Rights by invoking the domestic law or/and religious beliefs and principles
[raise] doubts as to the commitment of the reserving State to the object and purpose
of the Convention, as such reservations are likely to deprive the provisions of the
Convention of their effect and are contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that, according to customary international
law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible
with the object and purpose of the Covenant shall not be permitted.
Thus, the Government of the Portuguese Republic objects to these reservations.
This objection shall not preclude the entry into force of the Covenant between the
Portuguese Republic and the State of Qatar.
Bezwaar Roemenië, 20-05-2019
Romania has examined the reservation and the declaration made upon [accession] by
the State of Qatar to the International Covenant on Economic, Social and Cultural
Rights (New York, 1966).
Romania considers that the reservation aiming to interpret the Article 3 of the Covenant
in the light of the Islamic sharia and the declaration aiming at interpreting the
Article 8 of the Covenant in the light with the national legislation qualifies them
as reservations of undefined character, inadmissible under the Vienna Convention on
the Law of Treaties. In accordance with Article 27 of Vienna Convention on the Law
of Treaties, it is the duty of States Parties to a treaty to ensure that their internal
law allows the application and observance of the treaty.
Moreover, the general nature of the reservations limits the understanding as to the
extent of the obligations assumed by State of Qatar under the International Covenant
on Economic, Social and Cultural Rights.
Therefore, Romania objects to the reservations formulated by State of Qatar to the
International Covenant on Economic, Social and Cultural Rights as being incompatible
with the scope and purpose of the International Covenant on Economic, Social and Cultural
Rights, as required by the Article 19 (c) of the Vienna Convention on the Law of Treaties.
This objection shall not affect the entry into force of the International Covenant
on Economic, Social and Cultural Rights between Romania and State of Qatar.
Bezwaar Noorwegen, 20-05-2019
[...] the Government of the Kingdom of Norway has carefully examined the reservation
and the statement made by the State of Qatar upon accession to the International Covenant
on Economic, Social and Cultural Rights of 16 December 1966.
The reservation to Article 3 and the statement concerning Article 8 make these provisions
subject to the Islamic Sharia or national legislation. Both declarations are thus
formulated as reservations.
The Government of the Kingdom of Norway is of the view that by making the application
of Article 3 and Article 8 of the Covenant subject to the Islamic Sharia or national
law, the State of Qatar has submitted reservations which raise doubts as to the full
commitment of the State of Qatar to the object and purpose of the Covenant.
The Government of the Kingdom of Norway thus objects to these reservations. This objection
shall not preclude the entry into force of the Covenant between the Kingdom of Norway
and the State of Qatar.
Bezwaar België, 21-05-2019
The Kingdom of Belgium has carefully examined the reservation and statement made by
the State of Qatar upon its accession, on 21 May 2018, to the International Covenant
on Economic, Social and Cultural Rights.
The reservation to article 3 and the statement concerning article 8 make the provisions
of the Covenant subject to their compatibility with the Sharia or national legislation.
The Kingdom of Belgium considers that this reservation and this declaration tend to
limit the responsibility of the State of Qatar under the Covenant by means of a general
reference to the rules of national law and Sharia. This creates uncertainty as to
the extent to which the State of Qatar intends to fulfil its obligations under the
Covenant and raises doubts about the State of Qatar's compliance with the object and
purpose of the Covenant.
The Kingdom of Belgium recalls that under article 19 of the Vienna Convention on the
law of treaties, a State cannot make a reservation incompatible with the object and
purpose of a treaty.
Moreover, article 27 of the Vienna Convention on the law of treaties stipulates that
a party may not invoke the provisions of its national law as justifying the non-fulfilment
of a treaty.
Accordingly, the Kingdom of Belgium objects to the reservation made by the State of
Qatar with respect to article 3 and to its statement in respect of article 8 of the
International Covenant on Economic, Social and Cultural Rights.
The Kingdom of Belgium specifies that this objection does not preclude the entry into
force of the International Covenant on Economic, Social and Cultural Rights between
the Kingdom of Belgium and the State of Qatar.
Bezwaar Italië, 21-05-2019
The Government of the Italian Republic has carefully examined the reservation and
statement by the State of Qatar with regard to the International Covenant on Economic,
Social and Cultural Rights of 16 December 1966.
Both the reservation to Article 3 and the statement concerning Article 8 make the
application of these provisions of the Covenant subject to the Islamic Sharia or national
legislation. The statement concerning Article 8 is thus of its nature also a reservation.
The Government of the Italian Republic is of the opinion that by making the application
of Article 3 and Article 8 of the Covenant subject to the Islamic Sharia or national
law, the State of Qatar has submitted reservations which raise doubts concerning the
extent to which it intends to fulfil its obligations under the Covenant.
The above-mentioned reservations are incompatible with the object and purpose of the
Covenant and are accordingly not permitted under customary international law, as codified
in Article 19 sub-paragraph (c) of the Vienna Convention on the Law of Treaties of
23 May 1969. The Italian Republic thus objects to these reservations.
This objection shall not preclude the entry into force of the Covenant between the
Italian Republic and the State of Qatar.
Bezwaar Verenigd Koninkrijk, 21-05-2019
The Government of the United Kingdom of Great Britain and Northern Ireland has examined
the reservation and declaration made by the State of Qatar on ratification of the
International Covenant on Economic, Social and Cultural Rights (‘the Covenant’), done
at New York on 16 December 1966, which read:
Reservation
The State of Qatar does not consider itself bound by the provisions of Article 3 of
the International Covenant on Economic, Social and Cultural Rights, for they contravene
the Islamic Sharia with regard to questions of inheritance and birth.
Declaration
The State of Qatar shall interpret that what is meant by “trade unions” and their
related issues stated in Article 8 of the International Covenant on Economic, Social
and Cultural Right[s], is in line with the provisions of the Labor Law and national
legislation. The State of Qatar reserves the right to implement that article in accordance
with such understanding.
In respect of the reservation to Article 3, the Government of the United Kingdom understands
this to mean that the State of Qatar considers itself bound by the provisions of Article
3, except with regard to questions of inheritance and birth, and will interpret the
State of Qatar’s obligations under the Covenant accordingly.
The Government of the United Kingdom considers that the Government of the State of
Qatar’s declaration in respect of Article 8, which seeks to subject its obligations
under the Covenant to the provisions of its own national legislation, is a reservation
which seeks to limit the scope of the Covenant on a unilateral basis. The Government
of the United Kingdom notes that a reservation to a convention which consists of a
general reference to national law without specifying its contents does not clearly
define for the other States Parties to the convention the extent to which the reserving
State has accepted the obligations of the convention. The Government of the United
Kingdom therefore objects to this reservation made by the Government of the State
of Qatar.
This objection shall not preclude the entry into force of the Covenant between the
United Kingdom of Great Britain and Northern Ireland and the State of Qatar.
Bezwaar Griekenland, 21-05-2019
The Government of the Hellenic Republic has examined the reservation and the statement
made by the State of Qatar upon accession to the International Covenant on Economic,
Social and Cultural Rights of 16 December 1966 (hereinafter ‘the Covenant’).
In the above reservation, the State of Qatar states that it does not consider itself
bound by the provisions of Article 3 of the Covenant ‘for they contravene the Islamic
Sharia with regard to questions of inheritance and birth’.
Moreover, in the statement made upon accession to the Covenant, the Government of
the State of Qatar declares that it shall implement Article 8 of the Covenant based
on the understanding that ‘what is meant by ‘trade unions’ and their related issues
[...] is in line with the provisions of the Labor Law and national legislation’. However,
in the view of the Government of the Hellenic Republic, this statement in fact amounts
to a reservation as it limits the scope of application of Article 8 solely to the
extent that it does not contravene the relevant national legislation of Qatar.
The Government of the Hellenic Republic notes that the above reservations are of a
general and indeterminate scope, as they purport to subject the application of the
aforementioned provisions of the Covenant to the Islamic sharia and national legislation,
without, however, specifying the content thereof, and are, accordingly, contrary to
the object and purpose of the Covenant, since they do not clearly define for the other
States Parties the extent to which Qatar has accepted the obligations of the Covenant.
For the above reasons, the Government of the Hellenic Republic considers the aforesaid
reservations of Qatar impermissible as contrary to the object and purpose of the Covenant,
according to customary international law, as codified by the Vienna Convention on
the Law of the Treaties.
The Government of the Hellenic Republic, therefore, objects to the abovementioned
reservations made by the State of Qatar upon accession to the International Covenant
on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between the
Hellenic Republic and the State of Qatar.
Bezwaar Moldavië, 21-05-2019
The Government of the Republic of Moldova has carefully examined the reservation and
statement made by the State of Qatar on May 21, 2018 upon accession to the International
Covenant on Economic, Social and Cultural Rights of 16 December 1966.
Both the reservation to Article 3 and the statement concerning Article 8 make the
application of these provisions of the Covenant subject to the Islamic Sharia or national
legislation. The statement concerning Article 8 is thus of its nature also a reservation.
The Republic of Moldova considers that the reservations regarding Articles 3 and 8
of the Covenant are incompatible with the object and purpose of the Covenant since
these articles form an essential element of the Covenant, and are accordingly not
permitted under Article 19 sub-paragraph (c) of the Vienna Convention on the Law of
Treaties of 23 May 1969.
Therefore, the Republic of Moldova objects to the aforementioned reservations made
by the State of Qatar.
This objection shall not preclude the entry into force of the Covenant between the
Republic of Moldova and the State of Qatar. The Covenant enters into force in its
entire[t]y between the Republic of Moldova and the State of Qatar, without the State
of Qatar benefiting from its reservation.
Bezwaar Canada, 21-05-2019
The Government of Canada has carefully examined the reservation and statement made
by the Government of Qatar upon ratification of the International Covenant on Economic,
Social and Cultural Rights.
The Government of Canada notes that the reservation made by the Government of Qatar,
addressing an essential provision of the Covenant and aiming to exclude the obligations
under that provision, is incompatible with the object and purpose of the Covenant,
and thus inadmissible under article 19 (c) of the Vienna Convention on the Law of
Treaties.
The Government of Canada notes that the statement made by the Government of Qatar
aims at applying a provision of the Covenant only in conformity with domestic law
or Islamic Sharia. However, the Covenant is to be applied in accordance with international
law. The Government of Canada considers that this statement is a reservation in disguise,
incompatible with the object and purpose of the Covenant, and thus inadmissible under
article 19 (c) of the Vienna Convention on the Law of Treaties.
The Government of Canada considers that a reservation consisting of a general reference
to national law or Islamic Sharia makes it impossible to identify the modifications
to obligations under the Covenant, which it purports to introduce. With this reservation,
the other States Parties do not know the extent to which Qatar has accepted the obligations
to ensure the equal rights of men and women. This uncertainty is unacceptable, especially
in the context of a human rights treaty.
It is in the common interest of States that treaties to which they have chosen to
become Party are respected as to their object and purpose by all Parties and that
States are prepared to undertake any legislative changes necessary to comply with
their obligations under the treaties.
The Government of Canada therefore objects to the reservation and statement made by
the Government of Qatar. This objection does not preclude the entry into force in
its entirety of the Covenant between Canada and Qatar.
Roemenië
27-06-1968
The Government of the Socialist Republic of Romania declares that the provisions of
article 26, paragraph 1, of the International Covenant on Economic, Social and Cultural
Rights are at variance with the principle that all States have the right to become
parties to multilateral treaties governing matters of general interest.
09-12-1974
(a) The State Council of the Socialist Republic of Romania considers that the provisions
of article 26 (1) of the International Covenant on Economic, Social and Cultural Rights
are inconsistent with the principle that multilateral international treaties whose
purposes concern the international community as a whole must be open to universal
participation.
(b) The State Council of the Socialist Republic of Romania considers that the maintenance
in a state of dependence of certain territories referred to in articles 1 (3) and
14 of the International Covenant on Economic, Social and Cultural Rights is inconsistent
with the Charter of the United Nations and the instruments adopted by the Organization
on the granting of independence to colonial countries and peoples, including the Declaration
on Principles of International Law concerning Friendly Relations and Cooperation among
States in accordance with the Charter of the United Nations, adopted unanimously by
the United Nations General Assembly in its resolution 2625 (XXV) of 1970, which solemnly
proclaims the duty of States to promote the realization of the principle of equal
rights and self-determination of peoples in order to bring a speedy end to colonialism.
Russische Federatie
16-10-1973
The Union of Soviet Socialist Republics declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights [...] under which a number of States cannot become parties to these Covenants, are of a discriminatory nature and considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States concerned without any discrimination or limitation.
Rwanda
16-04-1975
The Rwandese Republic [is] bound, however, in respect of education, only by the provisions of its Constitution.
15-12-2008
Withdrawal of the reservation made upon accession.
Salomonseilanden
10-05-1982
In a communication received on 10 May 1982, the Government of Solomon Islands declared that Solomon Islands maintains the reservations entered by the United Kingdom save in so far as the same cannot apply to Solomon Islands.
Syrië
21-04-1969
1. The accession of the Syrian Arab Republic to these two Covenants shall in no way
signify recognition of Israel or entry into a relationship with it regarding any matter
regulated by the said two Covenants.
2. The Syrian Arab Republic considers that paragraph 1 of article 26 of the Covenant
on Economic, Social and Cultural Rights and [...] are incompatible with the purposes
and objectives of the said Covenants, inasmuch as they do not allow all States, without
distinction or discrimination, the opportunity to become parties to the said Covenants.
Bezwaar Israël, 09-07-1969
[The Government of Israel] has noted the political character of the declaration made by the Government of Syria [upon accession to] the above Covenants. In the view of the Government of Israel, these two Covenants are not the proper place for making such political pronouncements. The Government of Israel will, in so far as concerns the substance of the matter, adopt towards the Government of Syria an attitude of complete reciprocity.
Thailand
05-09-1999
The Government of the Kingdom of Thailand declares that the term "self-determination"as appears in Article 1 Paragraph 1 of the Covenant shall be interpreted as being compatible with that expressed in the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993.
Trinidad en Tobago
08-12-1978
In respect of article 8 (1) (d) and 8 (2):
The Government of Trinidad and Tobago reserves the right to impose lawful and or reasonable
restrictions on the exercise of the aforementioned rights by personnel engaged in
essential services under the Industrial Relations Act or under any Statute replacing
same which has been passed in accordance with the provisions of the Trinidad and Tobago
Constitution.
Turkije
23-09-2003
The Republic of Turkey declares that; it will implement its obligations under the
Covenant in accordance to the obligations under the Charter of the United Nations
(especially Article 1 and 2 thereof).
The Republic of Turkey declares that it will implement the provisions of this Covenant
only to the States with which it has diplomatic relations.
The Republic of Turkey declares that this Convention is ratified exclusively with
regard to the national territory where the Constitution and the legal and administrative
order of the Repubic of Turkey are applied.
The Republic of Turkey reserves the right to interpret and apply the provisions of
the paragraph (3) and (4) of the Article 13 of the Covenant on Economic, Social and
Cultural Rights in accordance to the provisions under the Article 3, 14 and 42 of
the Constitution of the Republic of Turkey.
Bezwaar Cyprus, 26-11-2003
The Government of the Republic of Cyprus wishes to express its objection with respect
to the declarations entered by the Republic of Turkey upon ratification on 23 September
2003, of the International Covenant on Economic, Social and Cultural Rights, New York,
16 December 1966.
The Government of the Republic of Cyprus considers that the declaration relating to
the implementation of the provisions of the Covenant only to the States with which
the Republic of Turkey has diplomatic relations, and the declaration that the Convention
is "ratified exclusively with regard to the national territory where the Constitution
and the legal and administrative order of the Republic of Turkey are applied" amount
to reservations. These reservations create uncertainty as to the States Parties in
respect of which Turkey is undertaking the obligations in the Covenant, and raise
doubt as to the commitment of Turkey to the object and purpose of the said Covenant.
The Government of the Republic of Cyprus objects to the said reservations entered
by the Republic of Turkey and states that these reservations or the objection to them
shall not preclude the entry into force of the Covenant between the Republic of Cyprus
and the Republic of Turkey.
Bezwaar Zweden, 30-06-2004
The Government of Sweden has examined the declarations and reservation made by the
Republic of Turkey upon ratifying the International Covenant on Economic, Social and
Cultural Rights.
The Republic of Turkey declares that it will implement the provisions of the Covenant
only to the State Parties with which it has diplomatic relations. This statement in
fact amounts, in the view of the Government of Sweden, to a reservation. The reservation
of the Republic of Turkey makes it unclear to what extent the Republic of Turkey considers
itself bound by the obligations of the Covenant. In absence of further clarification,
therefore, the reservation raises doubt as to the commitment of the Republic of Turkey
to the object and purpose of the Covenant.
The Government of Sweden notes that the interpretation and application of paragraphs
3 and 4 of article 13 of the Covenant is being made subject to a reservation referring
to certain provisions of the Constitution of the Republic of Turkey without specifying
their contents. The Government of Sweden is of the view that in the absence of further
clarification, this reservation, which does not clearly specify the extent of the
Republic of Turkey's derogation from the provisions in question, raises serious doubts
as to the commitment of the Republic of Turkey to the object and purpose of the Covenant.
According to established customary law as codified by the Vienna Convention on the
Law of Treaties, reservations incompatible with the object and purpose of a treaty
shall not be permitted. It is in the common interest of all States that treaties to
which they have chosen to become parties are respected as to their object and purpose,
by all parties, and that States are prepared to undertake any legislative changes
necessary to comply with their obligations under the treaties.
The Government of Sweden therefore objects to the aforesaid reservations made by the
Republic of Turkey to the International Covenant on Economic, Social and Cultural
Rights.
This objection shall not preclude the entry into force of the Covenant between the
Republic of Turkey and Sweden. The Covenant enters into force in its entirety between
the two States, without the Republic of Turkey benefiting from its reservations.
Bezwaar Griekenland, 11-10-2004
The Government of Greece has examined the declarations made by the Republic of Turkey
upon ratifying the International Covenant on Economic, Social and Cultural Rights.
The Republic of Turkey declares that it will implement the provisions of the Covenant
only to the States with which it has diplomatic relations.
In the view of the Government of Greece, this declaration in fact amounts to a reservation.
This reservation is incompatible with the principle that inter-State reciprocity has
no place in the context of human rights treaties, which concern the endowment of individuals
with rights. It is therefore contrary to the object and purpose of the Covenant.
The Republic of Turkey furthermore declares that the Covenant is ratified exclusively
with regard to the national territory where the Constitution and the legal and administrative
order of the Republic of Turkey are applied.
In the view of the Government of Greece, this declaration in fact amounts to a reservation.
This reservation is incompatible with the obligation of a State Party to respect and
ensure the rights laid down in the Covenant to anyone within the power or effective
control of that State Party, even if not situated within the territory of such State
Party. Accordingly, this reservation is contrary to the object and purpose of the
Covenant.
For these reasons, the Government of Greece objects to the aforesaid reservations
made by the Republic of Turkey to the International Covenant on Economic, Social and
Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between the
Hellenic Republic and the Republic of Turkey. The Covenant, therefore, enters into
force between the two States without the Republic of Turkey benefiting from these
reservations.
Bezwaar Duitsland, 13-10-2004
The Government of the Republic of Turkey has declared that it will implement the provisions
of the Covenant only to the states with which it has diplomatic relations. Moreover,
the Government of the Republic of Turkey has declared that it ratifies the Covenant
exclusively with regard to the national territory where the Constitution and the legal
and administrative order of the Republic of Turkey are applied. Furthermore, the Government
of the Republic of Turkey has reserved the right to interpret and apply the provisions
of Article 13 paragraphs (3) and (4) of the Covenant in accordance with the provisions
of Articles 3, 14 and 42 of the Constitution of the Republic of Turkey.
The Government of the Federal Republic of Germany would like to recall that it is
in the common interest of all states that treaties to which they have chosen to become
parties are respected and applied as to their object and purpose by all parties, and
that states are prepared to undertake any legislative changes necessary to comply
with their obligations under these treaties. The Government of the Federal Republic
of Germany is therefore concerned about declarations and reservations such as those
made and expressed by the Republic of Turkey with respect to the International Covenant
on Economic, Social and Cultural Rights.
However, the Government of the Federal Republic of Germany believes these declarations
do not aim to limit the Covenant's scope in relation to those states with which Turkey
has established bonds under the Covenant, and that they do not aim to impose any other
restrictions that re not provided for by the Covenant. The Government of the Federal
Republic of Germany attaches great importance to the liberties recognized in Article
13 paragraphs (3) and (4) of the Covenant. The Government of the Federal Republic
of Germany understands the reservation expressed by the Government of the Republic
of Turkey to mean that this Article will be interpreted and applied in such a way
that protects the essence of the freedoms guaranteed therein.
Bezwaar Finland, 13-10-2004
The Government of Finland has examined the declarations and reservation made by the
Republic of Turkey to the International Covenant on Economic, Social and Cultural
Rights. The Government of Finland notes that the Republic of Turkey reserves the right
to interpret and apply the provisions of the paragraphs 3 and 4 of Article 13 of the
Covenant in accordance with the provisions under articles 3, 14 and 42 of the Constitution
of the Republic of Turkey.
The Government of Finland emphasises the great importance of the rights provided for
in paragraphs 3 and 4 of Article 13 of the International Covenant on Economic, Social
and Cultural Rights. The reference to certain provisions of the Constitution of the
Republic of Turkey is of a general nature and does not clearly specify the content
of the reservation. The Government of Finland therefore wishes to declare that it
assumes that the Government of the Republic of Turkey will ensure the implementation
of the rights recognised in the Covenant and will do its utmost to bring its national
legislation into compliance with the obligations under the Covenant with a view to
withdrawing the reservation. This declaration does not preclude the entry into force
of the Covenant between the Republic of Turkey and Finland.
Bezwaar Portugal, 13-10-2004
The Government of Portugal considers that reservations by which a State limits its
responsibilities under the International Covenant on Economic, Social and Cultural
Rights (ICESCR) by invoking certain provisions of national law in general terms may
create doubts as to the commitment of the reserving State to the object and purpose
of the Convention and, moreover, contribute to undermining the basis of international
law.
It is in the common interest of all States that treaties to which they have chosen
to become parties are respected as to their object and purpose by all parties and
that States are prepared to undertake any legislative changes necessary to comply
with their obligations under the treaties.
The Government of Portugal therefore objects to the reservation by Turkey to the ICESCR.
This objection shall not contribute an obstacle to the entry into force of the Covenant
between Portugal and Turkey.
Verenigd Koninkrijk
16-09-1968
First, the Government of the United Kingdom declare their understanding that, by virtue
of article 103 of the Charter of the United Nations, in the event of any conflict
between their obligations under article 1 of the Covenant and their obligations under
the Charter (in particular, under articles 1, 2 and 73 thereof) their obligations
under the Charter shall prevail.
Secondly, the Government of the United Kingdom declare that they must reserve the
right to postpone the application of sub-paragraph (a) (i) of article 7 of the Covenant
in so far as it concerns the provision of equal pay to men and women for equal work,
since, while they fully accept this principle and are pledged to work towards its
complete application at the earliest possible time, the problems of implementation
are such that complete application cannot be guaranteed at present.
Thirdly, the Government of the United Kingdom declare that, in relation to article
8 of the Covenant, they must reserve the right not to apply sub-paragraph (b) of paragraph
1 in Hong Kong, in so far as it may involve the right of trade unions not engaged
in the same trade or industry to establish federations or confederations.
Lastly, the Government of the United Kingdom declare that the provisions of the Covenant
shall not apply to Southern Rhodesia unless and until they inform the Secretary-General
of the United Nations that they are in a position to ensure that the obligations imposed
by the Covenant in respect of that territory can be fully implemented.
20-05-1976
Firstly, the Government of the United Kingdom maintain their declaration in respect
of article 1 made at the time of signature of the Covenant.
The Government of the United Kingdom declare that for the purposes of article 2 (3)
the British Virgin Islands, the Cayman Islands, the Gilbert Islands, the Pitcairn
Islands Group, St. Helena and Dependencies, the Turks and Caicos Islands and Tuvalu
are developing countries.
The Government of the United Kingdom reserve the right to interpret article 6 as not
precluding the imposition of restrictions, based on place of birth or residence qualifications,
on the taking of employment in any particular region or territory for the purpose
of safeguarding the employment opportunities of workers in that region or territory.
The Government of the United Kingdom reserve the right to postpone the application
of sub-paragraph (i) of paragraph (a) of article 7, in so far as it concerns the provision
of equal pay to men and women for equal work in the private sector in Jersey, Guernsey,
the Isle of Man, Bermuda, Hong Kong and the Solomon Islands.
The Government of the United Kingdom reserve the right not to apply sub-paragraph
1(b) of article 8 in Hong Kong.
The Government of the United Kingdom while recognising the right of everyone to social
security in accordance with article 9 reserve the right to postpone implementation
of the right in the Cayman Islands and the Falkland Islands because of shortage of
resources in these territories.
The Government of the United Kingdom reserve the right to postpone the application
of paragraph 1 of article 10 in regard to a small number of customary marriages in
the Solomon Islands and the application of paragraph 2 of article 10 in so far as
it concerns paid maternity leave in Bermuda and the Falkland Islands.
The Government of the United Kingdom maintain the right to postpone the application
of sub-paragraph (a) of paragraph 2 of article 13, and article 14, in so far as they
require compulsory primary education, in the Gilbert Islands, the Solomon Islands
and Tuvalu.
Lastly the Government of the United Kingdom declare that the provisions of the Covenant
shall not apply to Southern Rhodesia unless and until they inform the Secretary-General
of the United Nations that they are in a position to ensure that the obligations imposed
by the Covenant in respect of that territory can be fully implemented.
Bezwaar Argentinië, 03-10-1983
[The Government of Argentina makes a] formal objection to the [declaration] of territorial
extension issued by the United Kingdom with regard to the Malvinas Islands (and dependencies),
which that country is illegally occupying and refers to as the "Falkland Islands".
The Argentine Republic rejects and considers null and void the [said declaration]
of territorial extension.
Bezwaar Argentinië, 08-08-1986
The Argentine Republic rejects the extension, notified to the Secretary-General of the United Nations on 20 May 1976 by the United Kingdom of Great Britain and Northern Ireland, of the application of the International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly of the United Nations on 16 December 1966, to the Malvinas, South Georgia and South Sandwich Islands, and reaffirms its sovereign rights to those archipelagos, which form an integral part of its national territory.
28-02-1985
The Government of the United Kingdom of Great Britain and Northern Ireland have no
doubt as to their right, by notification to the Depositary under the relevant provisions
of the above-mentioned Convention, to extend the application of the Convention in
question to the Falkland Islands or to the Falkland Islands Dependencies, as the case
may be.
For this reason alone, the Government of the United Kingdom are unable to regard the
Argentine [communication] under reference as having any legal effect.
13-01-1988
The Government of the United Kingdom of Great Britain and Northern Ireland rejects
the statements made by the Argentine Republic, regarding the Falkland Islands and
South Georgia and the South Sandwich Islands, when ratifying [the said Covenants and
acceding to the said Protocol].
The Government of the United Kingdom of Great Britain and Northern Ireland has no
doubt as to British sovereignty over the Falkland Islands and South Georgia and the
South Sandwich Islands and its consequent right to extend treaties to those territories.
Vietnam
24-09-1982
That the provisions of [...] article 26, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights, under which a number of States are deprived of the opportunity to become parties to the Covenants, are of a discriminatory nature. The Government of the Socialist Republic of Viet Nam considers that the Covenants, in accordance with the principle of sovereign equality of States, should be open for participation by all States without any discrimination or limitation.
Zambia
10-04-1984
The Government of the Republic of Zambia states that it reserves the right to postpone the application of article 13 (2) (a) of the Covenant, in so far as it relates to primary education; since, while the Government of the Republic of Zambia fully accepts the principles embodied in the same article and undertakes to take the necessary steps to apply them in their entirety, the problems of implementation, and particularly the financial implications, are such that full application of the principles in question cannot be guaranteed at this stage.
Zuid-Afrika
12-01-2015
The Government of the Republic of South Africa will give progressive effect to the right to education, as provided for in Article 13 (2) (a) and Article 14, within the framework of its National Education Policy and available resources.
Zweden
06-12-1971
Sweden enters a reservation in connexion with article 7 (d) of the Covenant in the matter of the right to remuneration for public holidays.
22-05-2019
The Government of Sweden has examined the statement and the reservation made by the
State of Qatar upon accession to the International Covenant on Economic, Social and
Cultural Rights. In this context the Government of Sweden would like to recall, that
under well-established international treaty law, the name assigned to a statement
whereby the legal effect of certain provisions of a treaty is excluded or modified,
does not determine its status as a reservation to the treaty. Thus, the Government
of Sweden considers that the statement made by the State of Qatar concerning Article
8, in the absence of further clarification, in substance constitutes a reservation
to the [Covenant].
The Government of Sweden notes that the interpretation and application of Article
3 and Article 8 are made subject to in general terms to Islamic sharia and/or national
legislation. The Government of Sweden is of the view that such reservations, which
does not clearly specify the extent of the derogations, raises doubt as to the commitment
of the State of Qatar to the object and purpose of the [Covenant].
According to customary international law, as codified in the Vienna Convention on
the Law of Treaties, reservations incompatible with the object and purpose of the
[Covenant] shall not be permitted. It is in the common interest of states that treaties
to which they have chosen to become parties are respected, as to their object and
purpose, by all parties and that states are prepared to undertake any legislative
changes necessary to comply with their obligations under the treaties.
For this reason, the Government of Sweden objects to the aforementioned reservations
made by the Government of Qatar. The [Covenant] shall enter into force in its entirety
between the two States, without Qatar benefitting from its reservations.