UNITED NATIONS Distr. GENERAL GENERAL A/8788 16 October 1912 ASSEMBLY ENGLISH ORIGINAL: l£NGLISH/FRENC!l
Twenty-seventh Session Agenda i tern 55
STATUS OF THE INTERNATIONAL COVENANT ON ECOHOMIC, SOCIAL AND CULTURAl RIGHTS, THJ>: INTERNATIOnAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVEJIJANT ON CIVIL AND POLITICAL RIGHTS
Report of the Secretary-General
A. Int:roduction
l. On 16 December 1966, at its l496th plenary meeting, the General Assembly, by resolution 2200 A (XXI), adopted and opened for signature, ratification or accession the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and tne Optional Protocol to the International Covenant on Civil and Political Rights, and expressed the hope that the Covenants and the Optional Protocol would be signed, ratified or acced.ed to without delay and would come into force at an early date. The Assembly also requested the Secretary-General to submit to its future sessions reports concerning the state cof ratifications of the Covemmts and of the Optional Protocol. In response to that request, reports on the status of the International Covenants and the Optional Protocol have been presented annually to the General Assembly from its twenty-second £ession in 1967.
2. At its twenty-sixth session, the General Assembly, ·oy resolution 2788 (XXVI), expressed the belief that the entry into force of the International Covenants on Human Rights and the Optional Protocol to the International Covenant on Civil and Political Rights would greatly enhance the ability of the United tlations to promote and encourage respect for human rights and fundamental freedoms for all, without distinction as to race~ sex, language or religion~ and wouJ.d contribute to the attainment of the purposes and p~inciples of the Charter of the United nations. The Assembly, desirous of makine; all possible efforts that wight be appropriate to assist in hastening the process of ratification and, if possible, in bringing into force these instruments by the twenty-fifth anniversary of the proclamation of the Universal Declaration of Human Rights in 1913, recommemled that Hember States should e;i ve special attention to possibilities of accelerating as far as possible the internal procedures that
12-20010 I ... A/8788 English Page 2 would lead to the. ratification of the International Covenants on Human Rights . and the Optional Protocol to the International Covenant on Civil and Political Rights. The Assembly re~uested the Secretary-General, on the basis of communications from Governments, to report to it at its twenty-seve·,th session and at such other tin:;es as he Lci2;!1t consider appropriate on the progress of the ratification of the Covenants and the Optional Protocol.
3. 'l'he Secretary-General would like to submit the following information relating to the status of the International Covenants and the Optional Protocol. As of 15 Septelilber 1972, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights were ratified or acceded to respectively by 17 States: Bulgaria, Chile, Colombia~ Costa Rica, Cyprus, Denrnark, Ecuador~ Iraq, Kenya, Libyan Arab Republic, Madagascar, lTorway, Sweden, Syrian Arab Republic') '11unisia, Uruguay and Yugoslavia; the Optional Protocol to the International Covenant on Civil and Political Rights was ratified or acceded to by eight States: Colombia, Costa Rica, Dermarlc, I:cuador, Madagascar, Norway, Sweden and Uruguay. Upon ratification of the International Covenant on Civil and Political Rights, the Governments of Demi1ark and rJorway ~ respectively) have raade declarations pursuant to article 41 of the Covenant, recognizing the competence of the H~~an Rights C01 4. According to the provisions of the Covenants, each Covenant will come into force three months after the date of deposit of the thirty-fifth instrunent of ratification or accession has been deposited. 2/ The Covenants are open for signature and ratification or accession by any State Mei,lber of the United llations or State me:nber of the specialized agencies, by any State Party to the Statute of the International Court of Justice and by any other State •..;hich has been invi ted by the General Asser"bly of the United t'ations to become a party to the Covenants. The Optional Protocol is open for signature and ratification or accession by any State which has ratified or acceded to the Covenant on Civil and Political Rights. Subject to the entry into force of the Covenant on Civil and Political Rights, the Optional Protocol will come into force three months after the date of deposit of the tenth instrument of ratification or accession in respect thereof. 5. In pursuance of resolution 2788 (XXVI), th~ Secretary-General, in a note dated 21 January 1972, requested those States which were not yet parties to ~/ For relevant information as of 31 December 1971, see Multilateral Treaties in Respect of Which the Secretary-General Performs Depositary Functions: List of Signatures, Ratifications, Accessions, etc., as at 31 DecemDer 1971 (United !lations publication, Sales Ho.: E.72.V.7), part I, chap. IV, 3. ~/ Article 27 of the Covenant on Econo1ric, Social and Cultural Rights and article 49 of the Covenant on Civil and Political Rights. A/8788 ~nc;lish Pa,;e 3 the Covenants and/or the Optional Protocol, to transr,1i t any indication as re,;ards their re.tification of, or accession to~ tl1e International Covenants on Human Rie:;hts ancl the Optional Protocol to the Internationa~ Covenant on Civil u_nc_ ?olitical Ri:_;hts. 6. As of 31 August 1972, :cnne Goverm B. ~atification soon to be completed C.'he Govermnent of Italy ]) inforded the Secretary-General that the procedure for the ratification of the International Covenants on Human Ri;;;hts and the Optional Protocol would be accelerated and that the Governuent vras conficlent that the instn.J.:;.-aents of ratification would be approved by the Italian Parliauent before the ti·Te:::lty-fifth anniversary of the Universal Declaration of HuE1an Rights in 1973. C. Ratification or accession under consideration (i) Austria 'J'he Secretary-General "as informed by the Governc:1ent of Austria J:j that ratification of the International Covenants on huuan Rights and the Optional Prot.ocol req,uired a thorougl1 examination of the obli~ations thereby assumed and thc.t this exar.1ination had not yet been cor;1pleted by the Austrian autl1ori ties and vwulG. require ad rr11e Governr.Lent of Austria also ~,~entionec~ that paragraphs 3 (d) ancl 7 of article 14 of the International Covenant on Civil and Political Ri,;hts were &:.Long those provisions wilich raised consiuerable probleElS with regard to the Austrian legal order. 1/ Reply dated 21 June 1972. J:j Reply dated 8 May 1972. 5_/ Council of ~urope _, ;;:1ropean ~~-e-~ty Series, JTo. 35. ~/ Council of ~urope, document !1(70)7 of September 1970. I . .. A/8788 En::;lish Page 4 ( ii) Canada The Government of Canada 7/ informed the Secretary-General that Canada has supported the action refer:;:-ed to in General AsseL1bly resolution 2788 (XXVI) by its efforts to mal:e ratification of the Covenants possible. However, since Canada is a federal State, co-operation between the fe (iii; Federal Republic of Germany The corrmmnication dated 21 July 1972 stated that the ratification by the Federal Republic of Germany of the International Covenant on ~~conomic, Social and Cultural Rights an (iv) France The French Government §_/ informed the Secretary-General that the question of France 1 s accession to the International Covenants on Human Rights and the Optional Protocol is at present under consideration by the authorities concerned. (v) Niger 'i'he Govern;_,ent of the Republic of the lliger 2) stated that lliger' s accession to the International Covenants on }lumarc Rights is being studied by the cm;,petent govermaental authorities. (vi) Mexico The Government of !.lexica 10/ infon,,ed the Secretary-General that the Goverm.:ent •ms studying with interest the desirability of becominG a party to the International Covenants on Hurc1an Ric;hts and the Optional Protocol to the International Covenant on Civil and Political Rit;hts. (vii) detherlands The Government of the ;,JetherlanG.s 11/ informed the Secretary-General that the preparatory Eceasures for the ratification of the Covenants and the Optional ll Reply dated 28 Ivlarch 1972. !ll Reply dated 30 Hay 1972. ';!_/ Reply aated 7 I·.1arch 1972. 10/ Eeply dated 3 Barch 1972. 11/ Reply dated 13 September 1972. A/6788 Enslish Page 5 Protocol he.ci clair.1ed a c;ooci deal of time because of the couprehensi ve nature of the subject matter covered by these instrunents, wl1ich necessarily involved several 2:overm:1ental depart:.-1ents in the process, anC:c because of the Governm.ent 1 s standint::, practice of brin;in~-; all do:-:1estic le;islation into line with internatio11al treaties Defore the instruments uere ratified. The Covenants ana the Cptional Protocol would be s·clb.;itted for parliamentary approval as seen as J!Ossible, though a certain ru1avoidable delay in parliamentary :::.ction was expected in view of the for~;:;hco!Tiing parlian1entary elections in the !Jetherlands. (viii) Pakistan The Goverm1lent of Pakistan 12/ stateG. that~ while the Governi.uent was consiUering the question of ratification of the International Covenant on Civil and Political Rights J it -~-ras felt that i'iany of the fundam.ental rights ;ranteO. to t11e citizens of Pakiste.n had been suspended wi t~1 the abro!~~ation of the Constitution of 1962 in 11arch l969 anci that these ric;hts would be restored only after the promulgation of the ne1f Constitution. The g_uestion of ratification could not be taken up properly until this had been done. The Governnent of Pakistan further stated that it was Tnakinc; every effort to restore O.ei;locracy and civil ri.shts. T~1e Constitution had to be frameQ for the country by the representatives of the people incorr)oratin:~ civil and political rights; the first and foremost ts.sl\: was cessation of a:;gression by India in accordance with United ;:at ions resolutions on the subject. The earlier the United J:;ations vas able to enforce its resolution in question~ the sooner wouJ.a the Government of Pakistan be in a position to restore civil and political ri 6 hts and conplete the process of ratification. (ix) Switzerland The Govermnent of Swi tzerlancl 13/ informed the Secretary-General tl1at the question of Switzerland 1 s signature of the International Covenants on 1-iuman Rights is under study. Hovever, the review of the legal action which must be taken at the domestic level prior to si;;nature has not yet been completed. For that reason, the Swiss authorities are not at this th'e able to state when it will be possible to sign the two Covenants. (x) Union of Soviet Socialist Renublics The Goverm1ent of the Union of Soviet Socialist Republics 14/ informed the Secretary-General that the question of ratiZication of the Covenants was 12/ Reply dated l2 April 1972. 13/ Reply dated 14 February 1972. 14/ Reply oated 19 Hay 1972. I ... A/8788 l~nglish Page 6 under consideration. Hith regard to the Optional Protocol to the International Covenant on Civil and Political Rights, the nesative attitude of the Government to1mrcts this Protocol was well known and the position had not chanc;eC:.L / ... A/8788 English Annex Page 1 Al'JliEX A. International Covenant on Economic, Social and Cultural Rights State Date of Date of signature ratification or accession (a) Al;_;eria 10 December 1968 .Argentina 19 February 1968 Belgi U:.:l 10 DeceE1ber 1968 Buliz;aria 8 October 1968 21 Septec_;ber 1970 Byelorussian Soviet Socialist Republic 19 illarch 1968 Chile 16 September 1969 10 February 1972 . a/ Chlna- 5 October 1967 Colol'lbia 21 December 1966 29 October 1969 Costa Rica 19 December 1966 29 Hovenber 1968 Cyprus 9 January 1967 2 April 1969 Czechoslovakia 7 October 1968 20 Barch 1968 6 January 1972 ._cuador 29 September 1967 6 11arch 1969 :·~3ypt 4 Auc;ust 1967 :0:1 Salvador 21 Septenber 1967 Federal Repu-blic of Ger"'any 9 October 1968 Finland 11 October 1967 Guinea 28 February 1967 Guyana 22 Aur;ust 1968 hond.uras 19 Dec encber 1966 LUDbary 25 March 1969 Iceland 30 Deceeber 1968 Iran 4 April 1963 Iraq_ 18 February 1969 25 January 1971 ~ In the present document, references to China are to be understood in t;1e lie;ht of General AssemblJ' resolution 2753 (XXVI) of 25 October 1971. By tnat resolution, the General Assembly decided: "to restore all its richts to the People's Republic of China and to recognize the representatives of its Government as the only legiti1:.1ate representatives of China to the United llations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United 1~-ations anQ. in all the organizations related to it~"~. I . .. A/3788 English Annex Page 2 State Date of Date of signature r!!tirication or accesslon (a) Israel 19 December 1966 Italy 18 Je,nuary 1967 Jamaica 19 December 1966 Jordan 30 June 1972 Kenya l Hay 1972 (a) Liberia 18 April 1967 Libyan Arab Republic 15 May 1970 (a) Madagascar 14 April 1970 22 September 1971 Halta 22 October 196a Nongolia 5 June 1968 Netherlands 25 June 1969 New Zealand 12 November 1968 Norway 20 March 1968 13 September 1972 Philippines 19 December 1966 Poland 2 March 1967 Romania 27 June 1968 Senegal 6 July 1970 Sweden 29 September 1967 6 December 1971 Syrian Arab Republic 21 April 1969 (a) Tunisia 30 April 1968 18 Harch 1969 Ukrainian Soviet Socialist Republic 20 March 1968 Union or Soviet Socialist Republics 18 !larch 1968 United Kingdom or Great Britain and Northern Ireland 16 September 1968 Uruguay 21 February 1967 l April 1970 Venezuela 24 June 1969 Yugoslavia 8 August 1967 2 June 1971 I . .. A/8788 English Annex Page 3 B. International Covenant on Civil and Political Rights State Date of Date of signature ratification or accession (a) Algeria 10 December 1968 Argentina 19 February 1968 Belgium 10 December 1968 Bulgaria 8 October 1968 21 September 1970 Byelorussian Soviet Socialist Republic 19 March 1968 Chile 16 September 1969 10 February 1972 . a/ Chlna- 5 October 1967 Colombia 21 December 1966 29 October 1969 Costa Rica 19 December 1966 29 November 1968 Cyprus 19 December 1966 2 April 1969 Czechoslovakia 7 October 1968 Denmark 20 Barch 1968 6 January 1912 Ecuador 4 April 1968 6 March 1969 Egypt 4 August 1967 El Salvador 21 September 1967 Federal Republic of Germany 9 October 1968 Finland 11 October 1967 Guinea 28 February 1967 G1lyana 22 August 1968 Honduras 19 December 1966 Hungary 25 Harch 1969 Iceland 30 December 1968 Iran 4 April 1968 Ira'l 18 February 1969 25 January 1971 Israel 19 December 1966 Italy 18 January 1967 Jamaica 19 December 1966 Jordan 30 June 1972 Kenya 1 Hay 1972 (a) Liberia 18 April 1961 Libyan Arab Republic 15 Hay 1970 (a) Madagascar 17 September 1969 21 June 1911 A/8788 English Annex Page 4 State Date of Date of signature ratification or accession (a) Mongolia 5 June 1968 Netherlands 25 June 1969 New Zealand 12 November 1968 Norway 20 March 1968 13 September 1972 Philippines 19 December 1966 Poland 2 March 1967 Romania 27 June 1968 Senegal 6 July 1970 Sweden 29 September 1967 6 December 1971 Syrian Arab Republic 21 April 1969 (a) Tunisia 30 April 1968 18 March 1969 Ukrainian Soviet Socialist Republic 20 March 1968 Union of Soviet Socialist Republics 18 March 1968 United Kingdom of Great Britain and Northern Ireland 16 September 1968 Uruguay 21 February 1967 l April 1970 Venezuela 24 June 1969 Yugoslavia 8 August 1967 2 June 1971 I . .. A/8788 English Annex Page 5 C. Optional Protocol to the International Covenant on Civil and Political Rights State Date of Date of signature ratification or accession (a) China~ 5 October 1967 Colombia 21 December 1966 29 October 1969 Costa Rica 19 December 1966 29 November 1968 Cyprus 19 December 1966 Denmark 20 Harch 1968 6 January 1972 Ecuador 4 April 1968 6 March 1969 El Salvador 21 September 1967 Finland 11 December 1967 Honduras 19 December 1966 Jamaica 19 December 1966 Madagascar 17 September 1969 21 June 1971 Netherlands 25 June 1969 Norway 20 March 1968 13 September 1972 Philippines 19 December 1966 Senegal 6 July 1970 Sweden 29 September 1967 6 December 1971 Uruguay 21 February 1967 1 April 1970