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<m1i ttee referred to in article 28 of that Covenant to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its oolie,ations under the Covenant. Forty-seven States signed the Covenant on I:conomic, Social and Cultural Rights: 46 States signed the Covenant on Civil and Political Rights; 17 States signed the Optional Protocol. ~/ Annex I lists those countries which have signed, ratified or acceded to the Covenants and the Optional Protocol, and the dates of their sisnature~ ratification or accession. 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<lents he.d replied. :rhese replies are sw_-;:uarized belov1. 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<li tional ti:r._;_e. 'ihe Austrian autho:ri ties concerned consi6.erea that it :.1i::;ht be appropriate to submit the International Covenant on ",co nomic, Social and C~ltural Rights for examination within the framework of the Council of Europe as to its COD_patibility ,~~ith tb-:: European Social Charter 2./. In th.::: viev of tPe Austrian ;::.uthorities, a group of experts should be entrustea '\-lith this tasl: and to :QYel.::<.:..re a report 1t:hich vrould correspond to the ,-Co-existence report · 6/ dealing "i tl1 the compatibility of the International Covenant on Civil and Political Rit;hts and the European Convention for the Protection of Human Rit;hts and Funclar.1ental Freedorr1s. Only a report prepared on an international level woul:i set out what problems mi;_:;ht oppose ratification of the above­ r:J.entioned Ccvl!nant in vie1-r of the existence of the Luropean Social Charter. 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<ieral Government and the provincial Governments is required for Lnpler~1entine; the provisions of certain international agreeHents, such as the International Covenants on hucJan Ris:1ts and the Optional Protocol. Since the provisions of these Covenants can affect a >ride rane;e of social, economic and cultural questions at both the federal and provincial level, the consultations between Ottawa and the provinces are very coL~plex and are procee<iing slovly. (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<i the International Covenant on Civil and Political Rights was in its preparatory stage. (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.