RUSSIAN FEDERATION

CCPR

RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)

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.

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

Note

The signature was effected by Democratic Kampuchea. In this regard the Secretary-General received, on 5 November 1980, the following communication from the Government of Mongolia:

"The Government of the Mongolian People's Republic considers that only the People's Revolutionary Council of Kampuchea as the sole authentic and lawful representative of the Kampuchean people has the right to assume international obligations on behalf of the Kampuchean people. Therefore the Government of the Mongolian People's Republic considers that the signature of the Human Rights Covenants by the representative of the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the people's revolution in Kampuchea, is null and void.”

“The signing of the Human Rights Covenants by an individual, whose régime during its short period of reign in Kampuchea had exterminated about 3 million people and had thus grossly violated the elementary norms of human rights, each and every provision of the Human Rights Covenants is a regrettable precedence, which discredits the noble aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned Covenants, gravely impairs the prestige of the United Nations."

Thereafter, similar communications were received from the Government of the following States on the dates indicated and their texts were circulated as depositary notifications or, at the request of the States concerned, as official documents of the General Assembly (A/33/781 and A/35/784):

State                                                     Date of receipt

German Democratic Republic            11 Dec 1980

Poland                                                12 Dec 1980

Ukraine                                               16 Dec 1980

Hungary                                              19 Jan 1981

Bulgaria                                              29 Jan 1981

Belarus                                               18 Feb 1981

Russian Federation                             18 Feb 1981

Czechoslovakia                                  10 Mar 1981]

(Note 3, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

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Note

[The Covenant was] [s]igned on behalf of the Republic of China on 5 October 1967. See note 1 under "China" in the "Historical Information" section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

[Ed. note: note 1 under China is as follows:

China

Note 1

Signatures, ratifications, accessions, etc. on behalf of China.

China is an original Member of the United Nations, the Charter having been signed and ratified on its behalf, on 26 June and 28 September 1945, respectively, by the Government of the Republic of China, which continued to represent China in the United Nations until 25 October 1971.

On 25 October 1971, the General Assembly of the United Nations adopted its resolution 2758 (XXVI), reading as follows:

"The General Assembly.

Recalling the principles of the Charter of the United Nations,

Considering that the restoration of the lawful rights of the People’s Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter,

Recognizing that the representatives of the Government of the People’s Republic of China are the only lawful representatives of China to the United Nations and that the People’s Republic of China is one of the five permanent members of the Security Council,

Decides to restore all its rights to the People’s Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it."

The United Nations had been notified on 18 November 1949 of the formation, on 1 October 1949, of the Central People’s Government of the People’s Republic of China. Proposals to effect a change in the representation of China in the United Nations subsequent to that time were not approved until the resolution quoted above was adopted.

On 29 September 1972, a communication was received by the Secretary-General from the Minister for Foreign Affairs of the People’s Republic of China stating:

"1. With regard to the multilateral treaties signed, ratified or acceded to by the defunct Chinese government before the establishment of the Government of the People’s Republic of China, my Government will examine their contents before making a decision in the light of the circumstances as to whether or not they should be recognized.

2. As from October 1, 1949, the day of the founding of the People’s Republic of China, the Chiang Kai-shek clique has no right at all to represent China. Its signature and ratification of, or accession to, any multilateral treaties by usurping the name of ‘China’ are all illegal and null and void. My Government will study these multilateral treaties before making a decision in the light of the circumstances as to whether or not they should be acceded to."

All entries recorded throughout this publication in respect of China refer to actions taken by the authorities representing China in the United Nations at the time of those actions.]

With reference to the above-mentioned signature, communications have been addressed to the Secretary-General by the Permanent Representatives of Permanent Missions to the United Nations of Bulgaria, Byelorussian SSR, Czechoslovakia, Mongolia, Romania, the Ukrainian SSR, the Union of Soviet Socialist Republics and Yugoslavia, stating that their Governments did not recognize the said signature as valid since the only Government authorized to represent China and to assume obligations on its behalf was the Government of the People's Republic of China.

In letters addressed to the Secretary-General in regard to the above-mentioned communications, the Permanent Representative of China to the United Nations stated that the Republic of China, a sovereign State and Member of the United Nations, had attended the twenty-first regular session of the General Assembly of the United Nations and contributed to the formulation of, and signed the Covenants and the Optional Protocol concerned, and that "any statements or reservations relating to the above-mentioned Covenants and Optional Protocol that are incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China under these Covenants and Optional Protocol".

(Note 5, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

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Note

See note 1 under "Germany" regarding Berlin (West) in the "Historical Information" section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx. For text in Bayefsky.com, see Germany, CCPR, Reservations and Declarations, note 9].

(Note 9, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

DECLARATION RE: ARTICLE 41

1 October 1991

The Union of Soviet Socialist Republics declares that, pursuant to article 41 of the International Covenant on Civil and Political Rights, it recognizes the competence of the Human Rights Committee to receive and consider communications submitted by another State Party, in respect of situations and events occurring after the adoption of the present declaration, provided that the State Party in question has, not less than 12 months prior to the submission by it of such a communication, recognized in regard to itself the competence of the Committee, established in article 41, in so far as obligations have been assumed under the Covenant by the USSR and by the State concerned.

DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT

18 October 1988

(Dated 13 October 1988)

[Owing to] nationalistic clashes in the Soviet Union in the Nagorno-Karabach Autonomous Region and the Agdam district of the Azerbaydzhan Soviet Socialist Republic [and to] contraventions of public order, accompanied in a number of cases by the use of weapons, [which] have unfortunately resulted in casualties and damage to the property of the State and of private individuals [and owing to the attack of] some State institutions ... a state of emergency has been temporarily imposed, and a curfew is in effect, in the Nagorno-Karabach Autonomous Region and the Agdam district of the Azerbaydzhan SSR, as of 21 September 1988. The state of emergency has been imposed in order to restore public order, protect citizens' individual and property rights and enforce strict compliance with the law, in accordance with the powers conferred by the Presidium of the Supreme Soviet of the USSR.

While the state of emergency is in force, demonstrations, rallies, meetings and strikes are banned. The movements of civilians and vehicles are restricted between 9 p.m. and 6 a.m. These restrictions represent a partial departure from the provisions of articles 12 and 21 of the International Covenant on Civil and Political Rights. Steps to ensure the safety of civilians and maintain public order are being taken by units of the militia and the armed forces. The local and central organs of power and government are taking steps to normalize the situation; and elucidation effort is in progress, with the aim of preventing criminal acts and incitement to national hatred.

Further [information will be provided as concerns] the date on which the state of emergency is lifted after the normalization of the situation.

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17 January 1990

(Dated 15 January 1990)

Proclamation of the state of emergency as from 11 p.m. local time on 15 January 1990, in territory of the Nagorno-Karabach autonomous region, the regions of the Azerbaijan SSR adjacent thereto, the Gorissa region of the Armenian SSR and the border zone along the state frontier between the USSR and the territory of the Azerbaijan SSR. The state of emergency was proclaimed owing to incitement by extremist groups which are organizing disorders, stirring up dissension and hostility between nationalities, and do not hesitate to mine roads, open fire in inhabited areas and take hostages. Articles 9, 12, 19, 21 and 22 of the Covenant were accordingly suspended.

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25 January 1990

(Dated 29 January 1990)

Proclamation of the state of emergency, as from 20 January in the city of Baku and application to that territory of the Decree adopted by the Presidium of the Supreme Soviet of the USSR on 15 January 1990, in the light of massive disorders organized by criminal extremist forces to overthrow the Government, and also with a view to ensure the protection and security of citizens. Articles 9, 12, 19, 21 and 22 of the Covenant are accordingly suspended.

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26 March 1990

(Dated 23 March 1990)

Establishment of the state of emergency as from 12 February 1990 in Dushanbe (Tadzhik SSR) because of widespread disorders, arson and other criminal acts which resulted in a threat to the citizens. Articles 9, 12 and 21 of the Covenant were accordingly suspended.

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5 November 1992

(Dated 3 November 1992)

Establishment of the state of emergency from 2 p.m. on 2 November 1992 to 2 p.m. on 2 December 1992 in the territory of the North Ossetian SSR and the Ingush Republic as a result of the serious deterioration in the situation with mass disturbances and conflicts between minorities accompanied by violence involving the use of weapons and military equipment and leading to the loss of human lives, and also in view of the threat to the security and territorial integrity of the Russian Federation. Articles 9, 12, 19, 21 and 22 of the Covenant were accordingly suspended.

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7 April 1993

(Dated 7 April 1993)

Establishment of the state of emergency from 1400 hours on 31 March 1993 to 1400 hours on 31 May 1993 in the Prigorodny district and adjacent areas of the North Ossetian SSR and part of the Nazran district of the Ingush Republic due to “the continuing deterioration of the situation in parts of the North Ossetian Socialist Republic and the Ingush Republic, popular unrest and inter-ethnic conflicts, accompanied by violence involving the use of arms and military equipment”.

The provisions from which it has derogated are articles 9, 12, 19, 21 and 22 of the Covenant.

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13 August 1993

(Dated 10 August 1993)

Proclamation of the state of emergency by Decree No. 1149 of 27 and 30 July 1993, as from 31 July 1993 at 1400 hours until 30 September 1993 at 1400 hours in the territories of the Mozdok district, the Prigorodny district and adjacent localities of the North Ossetian Soviet Socialist Republic (SSR) and the Malgobek and Nazran districts of the Ingush Republic due to the deterio ration of the situation in certain parts of these territories.

The provisions from which it has derogated are articles 12 (1), 13, 17(1), 19(2), 21 and 22.

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5 October 1993

(Dated 4 October 1993)

Proclamation of the state of emergency as from 3 October 1993 at 4 p.m. to 10 October 1993 at 4 p.m. in the city of Moscow "in connection with the attempts of extremist forces to provoke mass violence through organized attacks against the representatives of authority and the Police". The provisions from which it has derogated are articles 12(1), 13, 19(2) and 22.

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22 October 1993

(Dated 21 October 1993)

Extension of the state of emergency in the city of Moscow pursuant to Decree No. 1615 of 9 October 1993 until 18 October 1993 at 5 a.m. owing to "the need to ensure further normalization of the situation in Moscow, strengthen the rule of law and ensure the security of the inhabitants after the attempted armed coup d'état of 3-4 October 1993.

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27 October 1993

Termination of the state of emergency established in Moscow pursuant to Decree of 3 October 1993 and extended pursuant to Decree of 9 October 1993, as from 18 October 1993 at 5 a.m.

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28 October 1993

(Dated 28 October 1993)

Proclamation of the state of emergency pursuant to Presidential Decree of 29 September 1993 as from 30 September 1993 at 1400 hours until 30 November 1993 at 1400 hours in the territories of the Mozdok district, the Prigorodny district and adjacent localities of the North Ossetian Soviet Socialist Republic and the Malgobek and Nazran districts of the Ingush Republic. The Government of the Russian Federation specified that the reasons for the state of emergency were the deterioration of the situation in a number of districts of the North Ossetian Soviet Socialist Republic and the Ingush Republic as a result of the non-implementation of the agreements concluded earlier by the two sides and the decisions of the interim administration regarding the settlement of the conflict, and the increase in the number of acts of terrorism and violence. (Derogations from articles 12(1), 13, 19(2) and 22.)

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29 December 1993

(Dated 23 December 1993)

Extension of the state of emergency until 31 January 1994 at 1400 hours by Presidential Decree to parts of the territories of the Republic of North Ossetia and the Ingush Republic ... necessitated by the worsening of the situation in a number of districts of the Republic of North Ossetia and the Ingush Republic.

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18 February 1994

(Dated 22 June 1993)

In view of the deterioration of the situation and the increased frequency of terrorist acts and widespread disorder on national soil involving the use of firearms, the President of Russia issued a Decree on 29 May 1993 declaring a state of emergency from 1400 hours on 31 May 1993 to 1400 hours on 31 July 1993 in the Mozdok district, the Prigorodny district and adjacent localities of the North Ossetian SSR and in the Malgobek and Nazran districts of the Ingush

Republic.

The Government of the Russian Federation has specified that the provisions from which it has derogated are articles 9, 12, 19, 21 and 22 of the Covenant.

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25 April 1994

(Dated 22 April 1994)

In view of the continuing state of tension in a number of districts of the Republic of North Ossetia and the Ingush Republic, the unceasing acts of terrorism and violence, including violence against the civilian population, and the still unresolved problem of refugees, the President of the Russian Federation issued Decree No. 657 on 4 April 1994 declaring a state of emergency from 1400 hours on 31 March 1994 until 1400 hours on 31 May 1994 in territories of the Mozdok district, the Pravoberezhny district, the Prigorodny district and the city of Vladikavkaz (Republic of North Ossetia) and of the Malgobek and Nazran districts (Ingush Republic).

The Government of the Russian Federation has specified that the provisions from which it has derogated are articles 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of the Covenant.

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23 May 1994

(Dated 20 May 1994)

Proclamation of the state of emergency by Decree No. 836 on 27 April 1994 from 2 p.m. on 27 April 1994 to 2 p.m. on 31 May 1994 in a portion of the territory of the Republic of North Ossetia. The said Decree extends the applicability of paragraphs 3 to 8 of presidential Decree No. 657 of 4 April 1994 to the territories of the Prigorodny district (the Oktyabrskoe, Kambileevskoe and Sunja populated areas) and Vladikavkaz (the Sputnik military cantonment), in the Republic of North Ossetia. (In this regard, reference is made to the notification received on 25 April 1994 and dated 22 April 1994).

The Government of the Russian Federation has specified that the provisions from which it has derogated are articles 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of the Covenant.

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21 June 1994

(Dated 21 June 1994)

Lifting, as from 31 May 1994, by virtue of Decree No. 1112 of 30 May 1994, of the state of emergency in part of the territories of the Republic of North Ossetia and the Ingush Republic, instituted by the President of the Russian Federation under Decrees Nos. 657 of 4 April 1994 and 836 of 27 April 1994. (In this regard, reference is made to the notifications received on 25 April and 23 May 1994, and dated 22 April and 20 May 1994, respectively).

Declaration of the state of emergency as from 31 May 1994 at 1400 hours until 31 July 1994 at 1400 hours in the following territories: Mozdok district, the Pravoberezhny district, the Prigorodny district, the city of Vladikavkaz (Republic of North Ossetia, the Malgobek, Nazran, Sunzha and Dzheirakh districts (Ingush Republic) by Decree 1112 of 30 May 1994, in view of the continuing state of tension in those districts and the need to ensure the return of refugees and forcibly displaced persons to their places of permanent residence and implement a set of measures aimed at eliminating the consequences of the armed conflict.

Derogation from the provisions of article 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of the Covenant.

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12 August 1994

(Dated 12 August 1994)

Lifting as from 31 July 1994 of the state of emergency in part of the territories of the Republic of North Ossetia and the Ingush Republic, instituted on 30 May 1994 (in this regard, reference is made to the notification received on 21 June 1994), and proclamation of a state of emergency from 1400 hours on 31 July 1994 until 1400 hours on 30 September 1994 in the territories of the Mozdok, Pravoberezhny, and Prigorodny districts, the city of Vladikavkaz (Republic of North Ossetia), and of Malgobek, Nazran, Sunja and Dzheirakh districts (Ingush Republic) in view of the continuing state of tension in those territories and the need for refugees and forcibly displaced persons to return to their places of permanent residence as well as for the elimination of the consequences of armed conflict.

Derogation from the provisions of article 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of the Covenant.

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21 October 1994

(Dated 21 October 1994)

Lifting of the state of emergency instituted by Decree No. 1541 of 25 July 1994 and proclamation of a state of emergency with effect from 1400 hours on 3 October 1994 until 1400 hours on 2 December 1994 in the territories of the Mozdok, Pravoberzhny and Prigorodny districts and the city of Vladikavkaz (Republic of North Ossetia) and the Malgobek, Nazran, Sunja and Djeirakh districts (Ingush Republic) in view of the continuing state of tension and the need to ensure the return of forcibly displaced persons to their places of permanent residence and the implementation of a set of measures to deal with the aftermath of the armed conflict in order to guarantee State and public security.

Derogation from the provisions of articles 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of the Covenant.

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5 January 1995

(Dated 4 January 1995)

Proclamation by Decree No. 2145 of 2 December 1994 of the state of emergency from 1400 hours on 3 December 1994 until 1400 hours on 31 January 1995 in the territories of the Mozdok district, the Pravoberezhny district, the Pigorodny district and the city of Vladikavkaz (Republic of North Ossetia) and of the Malgobek, Narzan, Sunzha and Dzheyrakh districts (Ingush Republic) for the same reasons as those given in notification of 21 October 1994.

Derogation from the provisions of articles 12, 19 (2), 21 and 22 (1) and (2) of the Covenant.