(New York, 16/12/1966)
ENTRY INTO FORCE : 04-Jan-70
Depositary: Secretary-General of the United Nations
Parties | Date of Signature | Date of ratification / Other | Entry Into Force | Domestication Legislation (where available) |
---|---|---|---|---|
Solomon Islands |   | 17 March 1982 d |   |   |
Afghanistan [#] |   | 24 January 1983 a |   |   |
Albania |   | 4 October 1991 a |   |   |
Algeria [#] | 10 December 1968 | 12 September 1989 Rt |   |   |
Angola |   | 10 January 1992 a |   |   |
Argentina | 19 February 1968 | 8 August 1986 Rt |   |   |
Armenia |   | 13 September 1993 a |   |   |
Australia | 18 December 1972 | 10 December 1975 Rt |   |   |
Austria | 10 December 1973 | 10 September 1978 Rt |   |   |
Azerbaijan |   | 13 August 1992 a |   |   |
Bangladesh [#] |   | 5 October 1998 a |   |   |
Barbados [#] |   | 5 January 1973 a |   |   |
Belarus | 19 March 1968 | 12 November 1973 Rt |   |   |
Belgium [#] | 10 December 1968 | 21 April 1983 Rt |   |   |
Belize | 6 September 2000 |   |   |   |
Benin |   | 12 March 1992 a |   |   |
Bolivia |   | 12 August 1982 a |   |   |
Bosnia and Herzegovina |   | 1 September 1993 d |   |   |
Brazil |   | 24 January 1992 a |   |   |
Bulgaria [#] | 8 October 1968 | 21 September 1970 Rt |   |   |
Burkina Faso |   | 4 January 1999 a |   |   |
Burundi |   | 9 May 1990 a |   |   |
Cambodia | 17 October 1980 | 26 May 1992 a |   |   |
Cameroon |   | 27 June 1984 a |   |   |
Canada |   | 19 May 1976 a |   |   |
Cape Verde |   | 6 August 1993 a |   |   |
Central African Republic |   | 8 May 1981 a |   |   |
Chad |   | 9 June 1995 a |   |   |
Chile | 16 September 1969 | 10 February 1972 Rt |   |   |
China [#] | 27 October 1997 | 27 March 2001 Rt |   |   |
Colombia | 21 December 1966 | 29 October 1969 Rt |   |   |
Congo |   | 5 October 1983 a |   |   |
Costa Rica | 19 December 1966 | 29 November 1968 Rt |   |   |
Croatia |   | 12 October 1992 d |   |   |
Cyprus (obj) | 9 January 1967 | 2 April 1969 Rt |   |   |
Czech Republic |   | 22 February 1993 d |   |   |
Cфte d'Ivoire |   | 26 March 1992 a |   |   |
Democratic People's Republic of Korea |   | 14 September 1981 a |   |   |
Democratic Republic of the Congo |   | 1 November 1976 a |   |   |
Denmark [#] | 20 March 1968 | 6 January 1972 Rt |   |   |
Djibouti |   | 5 November 2002 a |   |   |
Dominica |   | 17 June 1993 a |   |   |
Dominican Republic |   | 4 January 1978 a |   |   |
Ecuador | 29 September 1967 | 6 March 1969 Rt |   |   |
Egypt [#] | 4 August 1967 | 14 January 1982 Rt |   |   |
El Salvador | 21 September 1967 | 30 November 1979 Rt |   |   |
Equatorial Guinea |   | 25 September 1987 a |   |   |
Eritrea |   | 17 April 2001 a |   |   |
Estonia |   | 21 October 1991 a |   |   |
Ethiopia |   | 11 June 1993 a |   |   |
Finland (obj) | 11 October 1967 | 19 August 1975 Rt |   |   |
France (obj) |   | 4 November 1980 a |   |   |
Gabon |   | 21 January 1983 a |   |   |
Gambia |   | 29 December 1978 a |   |   |
Georgia |   | 3 May 1994 a |   |   |
Germany (obj) | 9 October 1968 | 17 December 1973 Rt |   |   |
Ghana | 7 September 2000 | 7 September 2000 Rt |   |   |
Greece |   | 16 May 1985 a |   |   |
Grenada |   | 6 September 1991 a |   |   |
Guatemala |   | 19 May 1988 a |   |   |
Guinea [#] | 28 February 1967 | 24 January 1978 Rt |   |   |
Guinea-Bissau |   | 2 July 1992 a |   |   |
Guyana | 22 August 1968 | 15 February 1977 Rt |   |   |
Honduras | 19 December 1966 | 17 February 1981 Rt |   |   |
Hungary [#] | 25 March 1969 | 17 January 1974 Rt |   |   |
Iceland | 30 December 1968 | 22 August 1979 Rt |   |   |
India [#] |   | 10 April 1979 a |   |   |
Iran (Islamic Republic of) | 4 April 1968 | 24 June 1975 Rt |   |   |
Iraq [#] | 18 February 1969 | 25 January 1971 Rt |   |   |
Ireland [#] | 1 October 1973 | 8 December 1989 Rt |   |   |
Israel | 19 December 1966 | 3 October 1991 Rt |   |   |
Italy (obj) | 18 January 1967 | 15 September 1978 Rt |   |   |
Jamaica | 19 December 1966 | 3 October 1975 Rt |   |   |
Japan [#] | 30 May 1978 | 21 June 1979 Rt |   |   |
Jordan | 30 June 1972 | 28 May 1975 Rt |   |   |
Kazakhstan | 2 December 2003 |   |   |   |
Kenya [#] |   | 1 May 1972 a |   |   |
Kuwait [#] |   | 21 May 1996 a |   |   |
Kyrgyzstan |   | 7 October 1994 a |   |   |
Lao People's Democratic Republic | 7 December 2000 |   |   |   |
Latvia |   | 14 April 1992 a |   |   |
Lebanon |   | 3 November 1972 a |   |   |
Lesotho |   | 9 September 1992 a |   |   |
Liberia | 18 April 1967 |   |   |   |
Libyan Arab Jamahiriya [#] |   | 15 May 1970 a |   |   |
Liechtenstein |   | 10 December 1998 a |   |   |
Lithuania |   | 20 November 1991 a |   |   |
Luxembourg | 26 November 1974 | 18 August 1983 Rt |   |   |
Madagascar [#] | 14 April 1970 | 22 September 1971 Rt |   |   |
Malawi |   | 22 December 1993 a |   |   |
Mali |   | 16 July 1974 a |   |   |
Malta [#] | 22 October 1968 | 13 September 1990 Rt |   |   |
Mauritius |   | 12 December 1973 a |   |   |
Mexico [#] |   | 23 March 1981 a |   |   |
Monaco [#] | 26 June 1997 | 28 August 1997 Rt |   |   |
Mongolia [#] | 5 June 1968 | 18 November 1974 Rt |   |   |
Morocco | 19 January 1977 | 3 May 1979 Rt |   |   |
Namibia |   | 28 November 1994 a |   |   |
Nepal |   | 14 May 1991 a |   |   |
Netherlands (obj) | 25 June 1969 | 11 December 1978 Rt |   |   |
New Zealand [#] | 12 November 1968 | 28 December 1978 Rt |   |   |
Nicaragua |   | 12 March 1980 a |   |   |
Niger |   | 7 March 1986 a |   |   |
Nigeria |   | 29 July 1993 a |   |   |
Norway (obj) | 20 March 1968 | 13 September 1972 Rt |   |   |
Panama | 27 July 1976 | 8 March 1977 Rt |   |   |
Paraguay |   | 10 June 1992 a |   |   |
Peru | 11 August 1977 | 28 April 1978 Rt |   |   |
Philippines | 19 December 1966 | 7 June 1974 Rt |   |   |
Poland | 2 March 1967 | 18 March 1977 Rt |   |   |
Portugal (obj) | 7 October 1976 | 31 July 1978 Rt |   |   |
Republic of Korea |   | 10 April 1990 a |   |   |
Republic of Moldova |   | 26 January 1993 a |   |   |
Romania [#] | 27 June 1968 | 9 December 1974 Rt |   |   |
Russian Federation [#] | 18 March 1968 | 16 October 1973 Rt |   |   |
Rwanda [#] |   | 16 April 1975 a |   |   |
Saint Vincent and the Grenadines |   | 9 November 1981 a |   |   |
San Marino |   | 18 October 1985 a |   |   |
Sao Tome and Principe | 31 October 1995 |   |   |   |
Senegal | 6 July 1970 | 13 February 1978 Rt |   |   |
Serbia and Montenegro |   | 12 March 2001 d |   |   |
Seychelles |   | 5 May 1992 a |   |   |
Sierra Leone |   | 23 August 1996 a |   |   |
Slovakia |   | 28 May 1993 d |   |   |
Slovenia |   | 6 July 1992 d |   |   |
Somalia |   | 24 January 1990 a |   |   |
South Africa | 3 October 1994 |   |   |   |
Spain | 28 September 1976 | 27 April 1977 Rt |   |   |
Sri Lanka |   | 11 June 1980 a |   |   |
Sudan |   | 18 March 1986 a |   |   |
Suriname |   | 28 December 1976 a |   |   |
Swaziland |   | 26 March 2004 a |   |   |
Sweden(obj) | 29 September 1967 | 6 December 1971 Rt |   |   |
Switzerland |   | 18 June 1992 a |   |   |
Syrian Arab Republic [#] |   | 21 April 1969 a |   |   |
Tajikistan |   | 4 January 1999 a |   |   |
Thailand [#] |   | 5 September 1999 a |   |   |
The Former Yugoslav Republic of Macedonia |   | 18 January 1994 d |   |   |
Timor-Leste |   | 16 April 2003 a |   |   |
Togo |   | 24 May 1984 a |   |   |
Trinidad and Tobago [#] |   | 8 December 1978 a |   |   |
Tunisia | 30 April 1968 | 18 March 1969 Rt |   |   |
Turkey [#] | 15 August 2000 | 23 September 2003 Rt |   |   |
Turkmenistan |   | 1 May 1997 a |   |   |
Uganda |   | 21 January 1987 a |   |   |
Ukraine [#] | 20 March 1968 | 12 November 1973 Rt |   |   |
United Kingdom of Great Britain and Northern Ireland [#] | 16 September 1968 | 20 May 1976 Rt |   |   |
United Republic of Tanzania |   | 11 June 1976 a |   |   |
United States of America | 5 October 1977 |   |   |   |
Uruguay | 21 February 1967 | 1 April 1970 Rt |   |   |
Uzbekistan |   | 28 September 1995 a |   |   |
Venezuela | 24 June 1969 | 10 May 1978 Rt |   |   |
Viet Nam [#] |   | 24 September 1982 a |   |   |
Yemen [#] |   | 9 February 1987 a |   |   |
Zambia [#] |   | 10 April 1984 a |   |   |
Zimbabwe |   | 13 May 1991 a |   |   |
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Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession. For objections thereto and territorial applications, see hereinafter.)
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 of all States to sovereignty, both Covenants should be left open for the purpose of the participation of all States
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 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 and article 22 of the Covenant on Civil and Political 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. The Algerian Government interprets the provisions of article 23, paragraph 4, of the 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 [up]
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 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.
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.
Interpretative declarations
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
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, 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.
Statement made upon signature and confirmed upon ratification
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
Statement made upon ratification
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
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.
Declaration
... 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
France
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
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
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.
Declarations
I. With reference to 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 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.
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].
Reservations
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.
Reservations and declarations made upon signature and con firmed 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 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.
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.
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)
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.
Madagascar [up]
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
Article 13 - 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.
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
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
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
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.
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
Norway
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.
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
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
The Rwandese Republic [is] bound, however, in respect of education, only by the provisions of its Constitution
Sweden
Sweden enters a reservation in connexion with article 7 (d) of the Covenant in the matter of the right to remuneration for public holidays
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 paragraph 1 of article 48 of the 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
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.
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
Declarations and reservation
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
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 [up]
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 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.
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 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.
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
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
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, 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
Objections
(Unless otherwise indicated, the objections were made upon ratification, accession or succession.)
Cyprus
26 November 2003
With regard to the declarations made by Turkey upon ratification
.....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.
Finland
25 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
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.
13 December 1999
With regard to the declarations to Articles 2, 3, 7, 8, 10 and 13 made by Bangladesh upon accession
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
France
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
30 September 1999
With regard to the declarations made by Bangladesh upon accession
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
Germany
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 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.
10 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
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.
Italy
25 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
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.
Netherlands
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 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.
18 March 1991
With regard to the interpretative declaration made by Algeria concerning article 13, paragraphs 3 and 4 upon ratification
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.
22 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
[Same objection identical in essence, mutatis mutandis, as the one made for Algeria
23 April 2002
With regard to the statement made by China made upon ratification
.....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.
Norway
22 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
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
23 April 2002
With regard to the statement made by China made upon ratification
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.
Portugal
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
23 July 1997
With regard to the declarations and the reservation made by Kuwait upon accession
[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.
14 December 1999
With regard to the declarations made by Bangladesh upon accession
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
2 April 2002
With regard to the statement made by China upon ratification
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.
Territorial Application
Participant
Netherlands
Portugal
United Kingdom
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