Note by the Secretary-General
CONTENTS
Introduction
Chapter
I. LIST OF STATES WHICH HAVE RATIFIED OR ACCEDED TO
THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL
AND CULTURAL RIGHTS AS AT 1 OCTOBER 2001 (145)
II. TEXTS OF DECLARATIONS, RESERVATIONS, WITHDRAWALS
AND OBJECTIONS
A. Declarations and reservations
Afghanistan
Algeria
Bangladesh
Barbados
Chapter
II. Belgium
(cont’d) Bulgaria
China
Denmark
Egypt
France
Guinea
Hungary
India
Iraq
Ireland
Japan
Kenya
Kuwait
Libyan Arab Jamahiriya
Madagascar
Malta
Mexico
Monaco
Mongolia
Netherlands
New Zealand
Norway
Romania
Russian Federation
Rwanda
Sweden
Syrian Arab Republic
Thailand
Trinidad and Tobago
Ukraine
United Kingdom of Great Britain and Northern Ireland
Viet Nam
Yemen
Zambia
B. Withdrawal of reservations
Belarus
Congo
Malta
Chapter
II. C. Objections to reservations and declarations
(cont’d)
Finland
France
Germany
Italy
Netherlands
Norway
Portugal
Sweden
III. TERRITORIAL APPLICATION
Netherlands
Portugal
United Kingdom of Great Britain and Northern Ireland
Annex: States parties which made reservations and declarations
Introduction
1. This document contains the texts of the reservations, withdrawals of reservations, declarations and objections made by States with respect to the International Covenant on Economic, Social and Cultural Rights as at 1 October 2001 and is based upon Multilateral Treaties Deposited with the Secretary‑General: Status as at 31 December 2000[1] and upon notifications received by the Secretary‑General to this date. As indicated in paragraph 10 of the introduction to that publication, the texts of reservations, declarations and objections are normally reproduced in full. Unless shown in quotation marks, the text is a translation by the Secretariat.
I. LIST OF STATES WHICH HAVE RATIFIED OR ACCEDED TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS AS AT 1 OCTOBER 2001 (145)
Adoption by the General Assembly of the United Nations on 16 December 1966[2]
ENTRY INTO FORCE: 3 January 1976, in accordance with article 27
REGISTRATION: 3 January 1976, No. 14531
TEXT: United Nations, Treaty Series, vol. 993, p. 3
Note: The Covenant was opened for signature at New York on 19 December 1966.
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State party |
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Date of receipt of the instrument of ratification, accessiona or successionb |
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Date of entry into force |
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Afghanistan Albania Algeria Angola Argentina[3] Armenia Australia Austria Azerbaijan Bangladesh Barbados Belarus Belgium Benin Bolivia Bosnia and Herzegovina Brazil Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Central African Republic Chad Chile China Colombia Congo |
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24 January 1983a 4 October 1991a 12 September 1989 10 January 1992a 8 August 1986 13 September 1993a 10 December 1975 10 September 1978 13 August 1992a 5 October 1998a 5 January 1973a 12 November 1973 21 April 1983 12 March 1992a 12 August 1982a 6 March 1992b 24 January 1992a 21 September 1970 4 January 1999 9 May 1990a 26 May 1992a 27 June 1984a 19 May 1976a 6 August 1993a 8 May 1981a 9 June 1995a 10 February 1972 27 March 2001 29 October 1969 5 October 1983a |
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24 April 1983 4 January 1992 12 December 1989 10 April 1992 8 November 1986 13 December 1993 10 March 1976 10 December 1978 13 November 1992 5 January 1999 3 January 1976 3 January 1976 21 July 1983 12 June 1992 12 November 1982 6 March 1992 24 April 1992 3 January 1976 4 April 1999 9 August 1990 26 August 1992 27 September 1984 19 August 1976 6 November 1993 8 August 1981 9 September 1995 3 January 1976 27 June 2001 3 January 1976 5 January 1984 |
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State party |
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Date of receipt of the instrument of ratification, accessiona or successionb |
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Date of entry into force |
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Costa Rica Côte d’Ivoire Croatia Cyprus Czech Republic Democratic People’s Republic of Korea Democratic Republic of the Congo Denmark |
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29 November 1968 26 March 1992a 12 October 1992b 2 April 1969 1 January 1993b 14 September 1981a 1 November 1996 6 January 1972 |
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3 January 1976 26 June 1992 8 October 1991 3 January 1976 1 January 1993 14 December 1981 1 February 1997 3 January 1976 |
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Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Finland France Gabon |
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17 June 1993a 4 January 1978a 6 March 1969 14 January 1982 30 November 1979 25 September 1987a 17 April 2001a 21 October 1991a 11 June 1993 19 August 1975 4 November 1980a 21 January 1983a |
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17 September 1993 4 April 1978 3 January 1976 14 April 1982 29 February 1980 25 December 1987 17 July 2001 21 January 1992 11 September 1993 3 January 1976 4 February 1981 21 April 1983 |
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Gambia Georgia Germany Ghana Greece Grenada Guatemala Guinea Guinea-Bissau Guyana Honduras Hungary Iceland India |
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29 December 1978a 3 May 1994a 17 December 1973 7 September 2000 16 May 1985a 6 September 1991a 19 May 1988a 24 January 1978 2 July 1992a 15 February 1977 17 February 1981a 17 January 1974 22 August 1979 10 April 1979a |
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29 March 1979 3 August 1994 3 January 1976 7 December 2000 16 August 1985 6 December 1991 19 August 1988 24 April 1978 2 October 1992 15 May 1977 17 May 1981 3 January 1976 22 November 1979 10 July 1979 |
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Iran (Islamic Republic of) Iraq Ireland Israel Italy |
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24 June 1975 25 January 1971 8 December 1989 3 October 1991 15 September 1978 |
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3 January 1976 3 January 1976 8 March 1990 3 January 1992 15 December 1978 |
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State party |
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Date of receipt of the instrument of ratification, accessiona or successionb |
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Date of entry into force |
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Jamaica Japan |
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3 October 1975 21 June 1979 |
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3 January 1976 21 September 1979 |
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Jordan Kenya Kuwait Kyrgyzstan Latvia Lebanon Lesotho Libyan Arab Jamahiriya |
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28 May 1975 1 May 1972a 21 May 1996a 7 October 1994a 14 April 1992a 3 November 1972a 9 September 1992a 15 May 1970a |
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3 January 1976 3 January 1976 21 August 1996 7 January 1995 14 July 1992 3 January 1976 9 December 1992 3 January 1976 |
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Liechtenstein Lithuania Luxembourg Madagascar Malawi Mali Malta Mauritius Mexico |
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10 December 1998 20 November 1991a 18 August 1983 22 September 1971a 22 December 1993a 16 July 1974a 13 September 1990 12 December 1973a 23 March 1981a |
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10 March 1999 20 February 1992 18 November 1983 3 January 1976 22 March 1994 3 January 1976 13 December 1990 3 January 1976 23 June 1981 |
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Monaco Mongolia Morocco Namibia Nepal Netherlands New Zealand Nicaragua Niger Nigeria Norway |
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28 August 1997 18 November 1974 3 May 1979 22 November 1994a 14 May 1991a 11 December 1978 28 December 1978 12 March 1980a 7 March 1986a 29 July 1993a 13 September 1972 |
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28 November 1997 3 January 1976 3 August 1979 28 February 1995 14 August 1991 11 March 1979 28 March 1979 12 June 1980 7 June 1986 29 October 1993 3 January 1976 |
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Panama Paraguay Peru Philippines Poland Portugal Republic of Korea Republic of Moldova Romania Russian Federation |
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8 March 1977 10 June 1992a 28 April 1978 7 June 1974 18 March 1977 31 July 1978 10 April 1990a 26 January 1993 9 December 1974 16 October 1973 |
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8 June 1977 10 September 1992 28 July 1978 3 January 1976 18 June 1977 31 October 1978 10 July 1990 26 April 1993 3 January 1976 3 January 1976 |
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Rwanda Saint Vincent and the Grenadines |
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16 April 1975a 9 November 1981a |
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3 January 1976 9 February 1982 |
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State party |
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Date of receipt of the instrument of ratification, accessiona or successionb |
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Date of entry into force |
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San Marino Senegal Seychelles Sierra Leone Slovakia Slovenia Solomon Islands[4] Somalia Spain Sri Lanka Sudan Suriname Sweden Switzerland Syrian Arab Republic Tajikistan Thailand The former Yugoslav Republic of Macedonia Togo Trinidad and Tobago Tunisia Turkmenistan Uganda Ukraine United Kingdom of Great Britain and Northern Ireland United Republic of Tanzania Uruguay Uzbekistan Venezuela Viet Nam Yemen Yugoslavia Zambia Zimbabwe |
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18 October 1985a 13 February 1978 5 May 1992a 23 August 1996a 28 May 1993b 6 July 1992a 17 March 1982b 24 January 1990a 27 April 1977 11 June 1980a 18 March 1986a 28 December 1976a 6 December 1971 18 June 1992a 21 April 1969a 4 January 1999a 5 September 1999a 18 January 1994b 24 May 1984a 8 December 1978a 18 March 1969 1 May 1997a 21 January 1987a 12 November 1973 20 May 1976 11 June 1976a 1 April 1970 28 September 1995 10 May 1978 24 September 1982a 9 February 1987a 2 June 1971 10 April 1984a 13 May 1991a |
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18 January 1986 13 May 1978 5 August 1992 23 November 1996 25 June 1991 17 March 1982 24 April 1990 27 July 1977 11 September 1980 18 June 1986 28 March 1977 3 January 1976 18 September 1992 3 January 1976 4 April 1999 5 December 1999 18 January 1994 24 August 1984 8 March 1979 3 January 1976 1 August 1997 21 April 1987 3 January 1976 20 August 1976 11 September 1976 3 January 1976 28 December 1995 10 August 1978 24 December 1982 9 May 1987 3 January 1976 10 July 1984 13 August 1991 |
II. TEXTS OF DECLARATIONS, RESERVATIONS, WITHDRAWALS AND OBJECTIONS
(Unless otherwise indicated, the declarations and reservations
were made upon ratification, accession or succession.)
A. Declarations and reservations
AFGHANISTAN
[Original: Dari]
Declaration:
The presiding body of the Revolutionary Council of the Democratic Republic of Afghanistan declares that the provisions of paragraphs 1 and 3 of article 48 of the International Covenant on Civil and Political Rights and 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 to all States to sovereignty, both Covenants should be left open for the purpose of the participation of all States.
ALGERIA
[Original: French]
Interpretative declarations:
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 International 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 International Covenant on Economic, Social and Cultural Rights and article 22 of the International Covenant on Civil and Political Rights as making the law the framework for action by the State with respect to the organization an exercise of the right to organize.
3. The Algerian Government considers that the provisions of article 13, paragraphs 3 and 4, of the International Covenant on Economic, Social and Cultural Rights can in no case impair its right freely to organize its educational system.
4. The Algerian Government interprets the provisions of article 23, paragraph 4, of the International Covenant on Civil and Political Rights regarding the rights and responsibilities of spouses as to marriage, during marriage and at its dissolution as in no way impairing the essential foundations of the Algerian legal system.
BANGLADESH
[Original: English]
Declarations:
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 insofar 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. laws 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.
BARBADOS
[Original: English]
The Government of Barbados states that it reserves the right to postpone:
(a) The application of subparagraph (a) (1) of article 7 of the Covenant insofar as it concerns the provision of equal pay to men and women for equal work;
(b) The application of article 10 (2) insofar 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, insofar 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.
BELGIUM
[Original: French]
Interpretative declaration:
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 terms 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.
BULGARIA
[Original: Bulgarian]
The People’s Republic of Bulgaria deems it necessary to underline 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, 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.
CHINA
[Original: Chinese]
Statement
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 labour 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 Macau 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 Macau Special Administrative Region of the People’s Republic of China, be implemented through the respective laws of the two special administrative regions; and
3. The signature that the Taiwan authorities affixed, by usurping the name of “China”, to the International Covenant on Economic, Social and Cultural Rights on 5 October 1967, is illegal and null and void.
DENMARK[5]
[Original: English]
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.
EGYPT[6]
[Original: Arabic]
... 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 ratify it ...
FRANCE
[Original: French]
Declarations:
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.
GUINEA
[Original: French]
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 in accordance with the Charter of the United Nations 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.
HUNGARY
[Original: English]
Upon signature:
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 and paragraph 1 of article 48 of the International Covenant on Civil and Political 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.
Upon ratification:
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.
INDIA
[Original: English]
Declarations:
I. With reference to article 1 of the International Covenant on Economic, Social and Cultural Rights, ... 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.
IRAQ[7]
[Original: Arabic]
Upon signature and confirmed upon ratification:
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.
Upon ratification:
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].
IRELAND
[Original: English]
Reservations made upon ratification:
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 recognizes the inalienable right and duty of parents to provide for the education of children, and, while recognizing 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.
JAPAN
[Original: Japanese]
Reservations and declarations made upon signature and confirmed upon ratification:
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 to 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 subparagraph (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 subparagraphs (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.
KENYA
[Original: English]
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.
KUWAIT
[Original: Arabic]
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 provision applies 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).
LIBYAN ARAB JAMAHIRIYA7
[Original: English]
The acceptance and the accession to this Covenant by the Libyan Arab Jamahiriya shall in no way signify a recognition of Israel or be conducive to entry by the Libyan Arab Jamahiriya into such dealings with Israel as are regulated by the Covenant.
MADAGASCAR
[Original: French]
The Government of Madagascar states that it reserves the right to postpone the application of article 13, paragraph 2, of the Covenant, more particularly insofar as it 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
[Original: English]
The Government of Malta declares that it is in favour of upholding the principle affirmed in the words [of art. 13, para. 3] “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, in which cases are very exceptional in Malta.
MEXICO
[Original: Spanish]
Interpretative statement:
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
[Original: French]
[26 June 1997]
Interpretative declarations and reservations made upon signature and confirmed upon ratification:
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.
MONGOLIA
[Original: English]
Declaration made upon signature and confirmed upon ratification:
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 and of paragraph 1 of article 48 of the International Covenant on Civil and Political 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.
NETHERLANDS
[Original: English]
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.
Explanation:
[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.
NEW ZEALAND
[Original: English]
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.
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.
NORWAY
[Original: English]
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 recognized in Norway”.
ROMANIA
[Original: French]
Upon signature:
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.
Upon ratification:
(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.
RUSSIAN FEDERATION
[Original: Russian]
Declaration made upon signature and confirmed upon ratification:
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 and of paragraph 1 of article 48 of the International Covenant on Civil and Political 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
[Original: French]
The Rwandese Republic [is] bound, [...] in respect of education, only by the provisions of its Constitution.
SWEDEN
[Original: French]
Sweden enters a reservation in connection with article 7 (d) of the Covenant in the matter of the right to remuneration for public holidays.
SYRIAN ARAB REPUBLIC7
[Original: Arabic]
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 International Covenant on Economic, Social and Cultural Rights and paragraph 1 of article 48 of the International Covenant on Civil and Political Rights 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.
thailand
[Original: English]
Interpretative declaration:
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 AND TOBAGO
[Original: English]
With respect to 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.
UKRAINE
[Original: Ukrainian]
Declaration made upon signature and confirmed upon ratification:
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 and of paragraph 1 of article 48 of the International Covenant on Civil and Political 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.
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
[Original: English]
Upon signature:
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 Arts. 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 subparagraph (a) (i) of article 7 of the Covenant insofar 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 subparagraph (b) of paragraph 1 in Hong Kong, insofar 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.
Upon ratification:
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 subparagraph (i) of paragraph (a) of article 7, insofar 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 subparagraph 1 (b) of article 8 in Hong Kong.
The Government of the United Kingdom while recognizing 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 insofar 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 subparagraph (a) of paragraph 2 of article 13, and article 14, insofar 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.
VIET NAM
[Original: Vietnamese]
Declaration:
That the provisions of article 48, paragraph 1, of the International Covenant on Civil and Political Rights, and 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.
YEMEN
[Original: Arabic]
The accession of the People’s Democratic Republic of Yemen to the [International Covenant on Economic, Social and Cultural Rights] [International Covenant on Civil and Political Rights] shall in no way signify recognition of Israel or serve as grounds for the establishment of relations of any sort with Israel.
ZAMBIA
[Original: English]
Reservation:
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, insofar 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.
B. Withdrawal of reservations
BELARUS
On 30 September 1992, the Government of Belarus notified the Secretary‑General of its decision to withdraw the reservations, made upon accession on 12 November 1973 which read as follows:
[Original: Russian]
The Byelorussian Soviet Socialist Republic declares that the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural Rights and of paragraph 1 of article 48 of the International Covenant on Civil and Political 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.
congo
On 21 March 2001, the Government of the Congo informed the Secretary‑General that it had decided to withdraw its reservation made upon accession which read as follows:
[Original: French]
Reservation:
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.
MALTA
On 13 September 1990, the Government of Malta notified the Secretary‑General of its decision to withdraw the reservation made upon signature on 22 October 1968 which read as follows:
[Original: English]
The Government of Malta recognizes and endorses the principles laid down in paragraph 2 of article 10 of the Covenant. However, the present circumstances obtaining in Malta do not render necessary and do not render expedient the imposition of those principles by legislation.
C. Objections to reservations and declarations
(Unless otherwise indicated, the objections were
made upon ratification, accession or succession.)
FINLAND
[Original: English]
[25 July 1997]
The Government of Finland has examined the interpretative declarations and reservation made by the Government of Kuwait at the time of its accession to the International Covenant on Economic, Social and Cultural Rights.
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 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 International Covenant on Economic, Social and Cultural Rights.
This objection does not preclude the entry into force of the Covenant between Kuwait and Finland.
[Original: English]
[13 December 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 to 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 benefiting from these reservations.
FRANCE
[Original: French]
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.
GERMANY
[Original: English]
[15 August 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 rights 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.
[Original: German]
[25 October 1990]
The Federal Republic of Germany states the following regarding the declarations made by Algeria upon deposit of its instrument of ratification to the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 and the International Covenant on Civil and Political Rights of 16 December 1966:
It 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 responsibility of spouses as to marriage, during marriage and at its dissolution.
[Original: English]
[10 July 1997]
The Government of the Federal Republic of Germany has examined the contents of the interpretative declarations and reservations made by the Government of Kuwait upon accession to the International Covenant on Economic, Social and Cultural Rights.
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 above‑mentioned 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.
ITALY
[Original: English]
[25 July 1997]
The Government of Italy has examined the reservations made by the Government of Kuwait at the time of its accession to the International Covenant on Economic, Social and Cultural Rights. The Government of Italy notes that the said reservations relate to article 2, paragraph 2; article 3; article 8, paragraph 1 (d) and article 9.
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 International Covenant on Economic, Social and Cultural Rights.
This objection does not preclude the entry into force in its entirety of the Covenant between the State of Kuwait and the Italian Republic.
NETHERLANDS
[Original: English]
[12 January 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 Cooperation 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.
[Original: English]
[18 March 1991]
In the opinion of the Government of the Kingdom of the Netherlands, the interpretative declaration made by Algeria 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.
[Original: English]
[22 July 1997]
The Government of the Kingdom of the Netherlands has examined the interpretative declarations made by the Government of Kuwait at the time of its accession to the International Covenant on Economic, Social and Cultural Rights and considers the said declarations as reservations.
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.
[Original: English]
[20 December 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 Cooperation 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.
NORWAY
[Original: English]
[22 July 1997]
The Government of Norway has examined the contents of the declarations and reservations made by the Government of Kuwait upon its accession to the above Covenant concerning article 2, paragraph 2, article 3, article 9 and article 8, paragraph 1 (d). The Government of Kuwait declares that the rights to which article 2, paragraph 2 and article 3 refer must be exercised in accordance with the limits set by Kuwaiti law. The Government of Kuwait furthermore states that the right in article 9 shall only apply to Kuwaiti workers and reserves the right not to apply the provisions of article 8, paragraph 1 (d). 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.
PORTUGAL
[Original: English]
[26 October 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.
SWEDEN
[Original: English]
[23 July 1997]
The Government of Sweden has examined the contents of the interpretative declarations and reservation made by the Government of Kuwait upon accession to the International Covenant on Economic, Social and Cultural Rights.
The Government of Sweden 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 Sweden regards the reservation concerning article 8 (i) (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.
[Original: English]
[14 December 1999]
In the context of the declarations made by Bangladesh upon accession, 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.
III. TERRITORIAL APPLICATION
|
Participant |
Date of receipt of the notification |
Territories |
|
Netherlands |
11 December 1978 |
Netherlands Antilles |
|
Portugal |
27 April 1993 |
Macau[8] |
|
United Kingdom of Great Britain and Northern Ireland |
20 May 1976 |
Bailiwick of Guernsey, the Bailiwick of Jersey, the Isle of Man, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, the Falkland Islands and Dependencies.3 Gibraltar, the Gilbert Islands, Hong Kong, Montserrat, the Pitcairn Group, St. Helena and Dependencies, the Solomon Islands, the Turks and Caicos Islands and Tuvalu |
Notes
Annex
STATES PARTIES WHICH MADE RESERVATIONS AND DECLARATIONS
|
Articles of the Covenant |
States
parties |
|
Article 1 |
Algeria, India, United Kingdom of Great Britain and Northern Ireland |
|
Article 1,
paragraph 3 |
Guinea, Romania |
|
Article 2,
paragraph 2 |
Bangladesh,
Belgium, Ireland, Kuwait, Monaco |
|
Article 2,
paragraph 3 |
Belgium, United Kingdom of Great Britain and Northern Ireland |
|
Article 3 |
Bangladesh,
Kuwait |
|
Article 4 |
India |
|
Article 6 |
France, Monaco, United Kingdom of Great Britain and Northern Ireland |
|
Article 7 |
Bangladesh |
|
Article 7 (a) |
Barbados, United Kingdom of Great Britain and Northern Ireland |
|
Article 7 (c) |
India |
|
Article 7 (d) |
Denmark, Japan, Sweden |
|
Article 8 |
Algeria, Bangladesh, France, India, Mexico, Monaco, New Zealand |
|
Article 8,
paragraph 1 (a) |
China |
|
Article 8,
paragraph 1 (b) |
United Kingdom of Great Britain and Northern Ireland |
|
Article 8,
paragraph 1 (d) |
Japan, Kuwait, Netherlands, Norway, Trinidad and Tobago |
|
Article 8, paragraph 2 |
Japan, Monaco, Trinidad and Tobago |
|
Article 9 |
France, Kuwait, Monaco, United Kingdom of Great Britain and Northern Ireland |
|
Article 10 |
Bangladesh |
|
Article 10,
paragraph 1 |
United Kingdom of Great Britain and Northern Ireland |
|
Article 10, paragraph 2 |
Barbados, Kenya, New Zealand, United Kingdom of Great Britain and Northern Ireland |
|
Article 11 |
France, Monaco |
|
Article 13 |
Bangladesh,
France, Monaco, Rwanda |
|
Article 13,
paragraph 2 |
Madagascar |
|
Article 13, paragraph 2 (a) |
Barbados, Ireland, United Kingdom of Great Britain and Northern Ireland, Zambia |
|
Article 13,
paragraph 2 (b) |
Japan |
|
Article 13,
paragraph 2 (c) |
Japan |
|
Article 13,
paragraph 3 |
Algeria, Malta |
|
Article 13,
paragraph 4 |
Algeria |
|
Article 14 |
Algeria, Guinea, Romania, United Kingdom of Great Britain and Northern Ireland |
|
Article 26, paragraph 1 |
Afghanistan, Bulgaria, Guinea, Hungary, Mongolia, Romania, Russian Federation, Syrian Arab Republic, Ukraine, Viet Nam |
|
Article 26, paragraph 3 |
Afghanistan, Bulgaria, Hungary |
[1] United Nations publication, Sales No. E.98.V.5. May also be found on the United Nations Web site: http://www.un.org/Depts/Treaty/bible.htm.
[2] The thirty‑fifth instrument of ratification or accession was deposited with the Secretary‑General on 3 October 1975. The Contracting States did not object to having those instruments accompanied by reservations taken into account under article 27 (1) for the purpose of determining the date of general entry into force of the Covenant.
[3] On 3 October 1983 the Secretary‑General received from the Government of Argentina the following objection:
“[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.”
In this regard, the Secretary‑General received on 28 February 1985 from the Government of the United Kingdom of Great Britain and Northern Ireland the following declaration:
“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.”
Subsequently, upon ratification, the Government of Argentina made the following declaration:
“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.
“The General Assembly of the United Nations had adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6 and 40/21 in which it recognizes the existence of a sovereignty dispute regarding the question of the Falkland Islands (Malvinas) and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to pursue negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute, through the good offices of the Secretary-General of the United Nations, who shall inform the General Assembly of the progress made.”
[4] 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 insofar as the same cannot apply to Solomon Islands.
[5] In a communication received on 14 January 1976, the Government of Denmark notified the Secretary‑General that it withdrew its reservation made previously with regard to article 7 (a) (i) on equal pay for equal work.
[6] Addendum to depositary notification C.N.9. 1982. Treaties‑1, dated 4 February 1982.
[7] In two communications received by the Secretary‑General on 10 July 1969 and 23 March 1971 respectively, the Government of Israel declared that it “has noted the political character of the declaration made by the Government of Iraq on signing and 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, insofar as concerns the substance of the matter, adopt towards the Government of Iraq an attitude of complete reciprocity.
Identical communications, mutatis mutandis, were received by the Secretary‑General from the Government of Israel on 9 July 1969 in respect of the declaration made on accession by the Government of the Syrian Arab Republic, and on 29 June 1970 in respect of the declaration made on accession by the Government of the Libyan Arab Jamahiriya. In the
latter communication, the Government of Israel moreover stated that the declaration concerned “cannot in any way affect the obligations of the Libyan Arab [Jamahiriya] already existing under general international law”.
[8] In its notification of territorial application to Macau, the Government of Portugal stated the following:
... The Covenants are confirmed and proclaimed binding and valid, and they shall have effect and be implemented and observed without exception, bearing in mind that:
Article l. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, ratified, respectively, by Act No. 29/78 of 12 June, and by Act No. 45/78 of 11 July, shall be applicable in the territory of Macau.
Article 2. l. The applicability in Macau of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and in particular of article 1 in both Covenants, shall in no way affect the status of Macau as defined in the Constitution of the Portuguese Republic and in the Organic Statute of Macau.
2. The applicability of the Covenants in Macau shall in no way affect the provisions of the Joint Declaration of the Government of the Portuguese Republic and the Government of the People’s Republic of China on the Question of Macau, signed on 13 April 1987, especially with respect to the provision specifying that Macau forms part of Chinese territory and that the Government of the People’s Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999, and that Portugal will be responsible for the administration until 19 December 1999.
Article 3. Article 25 (b) of the International Covenant on Civil and Political Rights shall not apply to Macau with respect to the composition of elected bodies and the method of choosing and electing their officials as defined in the Constitution of the Portuguese Republic, the Organic Statute of Macau and provisions of the Joint Declaration on the Question of Macau.
Article 4. Article 12 (4) and article 13 of the International Covenant on Civil and Political Rights shall not apply to Macau with respect to the entry and exit of individuals and the expulsion of foreigners from the territory. These matters shall continue to be regulated by the Organic Statute of Macau and other applicable legislation, and also by the Joint Declaration on the Question of Macau.
Article 5. 1. The provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights that are applicable to Macau shall be implemented in Macau, in particular through specific legal documents issued by the organs of government of the territory.
2. The restrictions of the fundamental rights in Macau shall be confined to those cases prescribed by law and shall not exceed the limits permitted by the applicable provisions of the aforementioned Covenants.
Subsequently, the Secretary-General received the following communications:
Portugal (21 October 1999):
“In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People’s Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People’s Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.
From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau.”
China (3 December 1999):
In accordance with the Joint Declaration of the Government of the People’s Republic of China and the Government of the Republic of Portugal on the Question of Macau signed on 13 April 1987 (hereinafter referred to as the Joint Declaration), the Government of the People’s Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People’s Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People’s Government of the People’s Republic of China.
It is provided both in Section VIII of Elaboration by the Government of the People’s Republic of China of its Basic Policies Regarding Macau, which is Annex I to the Joint Declaration, and Article 138 of the Basic Law of the Macau Special Administrative Region of the People’s Republic of China (hereinafter referred to as the Basic Law), which was adopted on 31 March 1993 by the National People’s Congress of the People’s Republic of China, that international agreements to which the People’s Republic of China is not yet a party but which are implemented in Macau may continue to be implemented in the Macau Special Administrative Region.
In accordance with the above provisions, [the Government of the People’s Republic of China informs the Secretary-General of the following:]
The International Covenant on Economic, Social and Cultural Rights, adopted at New York on 16 December 1966 (hereinafter referred to as the “Covenant”), which applies to Macau at present, will continue to apply to the Macau Special Administrative Region with effect from 20 December 1999. The Government of the People’s Republic of China also wishes to make the following declaration:
l. The application of the Covenant, and its article 1 in particular, to the Macau Special Administrative Region shall not affect the status of Macau as defined in the Joint Declaration and in the Basic Law.
2. The provisions of the Covenant which are applicable to the Macau Special Administrative Region shall be implemented in Macau through legislation of the Macau Special Administrative Region.
The residents of Macau 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 Macau 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.