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 Republi