BANGLADESH

CESCR

RESERVATIONS AND DECLARATIONS

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

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."

OBJECTIONS MADE TO STATE PARTY'S RESERVATIONS AND DECLARATIONS

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".

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France, 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.

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Sweden, 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 benefitting from the declarations".

Note

In this regard, the Secretary-General received communications from the following Governments on the dates indicated hereinafter:

Germany (17 December 1999):

"The Government of the Federal Republic of Germany notes that the declaration concerning article 1 constitutes a reservation that places on the exercise of the right of all peoples to self-determination conditions not provided for in international law. To attach such conditions could undermine the concept of self-determination and seriously weaken its universally acceptable character.

The Government of the Federal Republic of Germany further notes that the declarations with regard to articles 2 and 3, 7 and 8, and 10 and 13 constitute reservations of a general nature in respect of provisions of the Covenant which may be contrary to the Constitution, legislation, economic conditions and development plans of Bangladesh.

The Government of the Federal Republic of Germany is of the view that these general reservations raise doubts as to the full commitment of Bangladesh to the object and purpose of the Covenant. 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 the Federal Republic of Germany objects to the aforementioned reservations made by the Government of the People's Republic 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 the Federal Republic of Germany and the People's Republic of Bangladesh".

Netherlands (20 December 1999):

"The Government of the Kingdom of the Netherlands has examined the declarations made by the Government of Bangladesh at the time of its accession to the International Covenant on economic, social and cultural rights and considers the declarations concerning Articles 1, 2 and 3, and 7 and 8 as reservations.

The Government of the Kingdom of the Netherlands objects to the reservation made by the Government of Bangladesh in relation to Article 1 of the said Covenant, since the right of self-determination as embodied in the Covenant is conferred upon all peoples. This follows not only from the very language of Article 1 of the Covenant 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.

Furthermore, the Government of the Kingdom of the Netherlands objects to the reservations made by the Government of Bangladesh in relation to Articles 2 and 3, and, 7 and 8 of the said Covenant.

The Government of the Kingdom of the Netherlands considers that such reservations which seek to limit the responsibilities of the reserving State under the Covenant by invoking national law, may raise doubts as to the commitment of this State to the object and purpose of the Covenant and, moreover, contribute to undermining the basis of international treaty law.

It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose by all parties.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of Bangladesh.

These objections shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Bangladesh".

(Note 18, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)