PAKISTAN

CESCR

RESERVATIONS AND DECLARATIONS

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

Upon ratification

Reservation:

"Pakistan, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, shall use all appropriate means to the maximum of its available resources."

Note

On 17 April 2008, the Government of Pakistan informed the Secretary-General that it had decided to withdraw the declaration made upon signature. The declaration reads as follows:

"While the Government of Islamic Republic of Pakistan accepts the provisions embodied in the International Covenant on Economic, Social and Cultural Rights, it will implement the said provisions in a progressive manner, in keeping with the existing economic conditions and the development plans of the country. The provisions of the Covenant shall, however, be subject to the provisions of the constitution of the Islamic Republic of Pakistan."

(Note 26, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)

OBJECTIONS MADE TO STATE PARTY'S RESERVATIONS AND DECLARATIONS

Denmark, 17 March 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of Denmark has examined the declaration made by the Islamic Republic of Pakistan upon [signing] the 1966 International Covenant on Economic, Social and Cultural Rights.

The application of the provisions of the said Covenant has been made subject to the provisions of the constitution of the Islamic Republic of Pakistan. This general formulation makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the Covenant and therefore raises doubt as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant.

The Government of Denmark considers that the declaration made by the Islamic Republic of Pakistan to the international Covenant on Economic, Social and Cultural Rights in substance constitutes a reservation and that this reservation is incompatible with the object and purpose of the Covenant.

For the above-mentioned reasons, the Government of Denmark objects to this declaration made by the Islamic Republic of Pakistan. This objection does not preclude the entry into force of the Covenant between the Islamic Republic of Pakistan and Denmark without Pakistan benefiting from her declaration."

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Finland, 15 November 2005

With regard to declaration made by Pakistan upon signature:

"The Government of Finland has carefully examined the declaration made by the Government of the Islamic Republic of Pakistan regarding the International Covenant on Economic, Social and Cultural Rights. The Government of Finland takes note that the provisions of the Covenant shall, according to the Government of the Islamic Republic of Pakistan, be subject to the provisions of the constitution of the Islamic Republic of Pakistan.

The Government of Finland notes that a reservation which consists of a general reference to national law without specifying the contents does not clearly define to other Parties to the Convention the extent to which the reserving State commits itself to the Convention and creates serious doubts as to the commitment of the receiving State to fulfil its obligations under the Convention. Such reservations are, furthermore, 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.

The Government of Finland therefore objects to the above-mentioned declaration made by the Government of the Islamic Republic of Pakistan to the Covenant. This objection does not preclude the entry into force of the Covenant between the Islamic Republic of Pakistan and Finland. The Covenant will thus become operative between the two states without the Islamic Republic of Pakistan benefiting from its declaration."

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France, 11 November 2005

With regard to the declaration made by Pakistan upon signature:

The Government of the French Republic has examined the declaration made by the Government of the Islamic Republic of Pakistan upon signing the International Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, according to which 'The provisions of the Covenant shall be subject to the provisions of the constitution of the Islamic Republic of Pakistan'. Such a declaration is general in scope and unclear and could render the provisions of the Covenant null and void. The Government of the French Republic considers that the said declaration constitutes a reservation which is incompatible with the object and purpose of the Covenant and it therefore objects to that declaration. This objection does not preclude the entry into force of the Covenant between France and Pakistan.

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Germany, 8 November 200[5]

With regard to the declaration made by Pakistan upon signature:

"The Government of the Federal Republic of Germany has carefully examined the declaration made by the Government of the Islamic Republic of Pakistan upon signature of the International Covenant on Economic, Social and Cultural Rights.

The Government of the Islamic Republic of Pakistan declared that it "will implement the (...) Provisions in a progressive manner, in keeping with the existing economic conditions and the development plans of the country". Since some fundamental obligations resulting from the International Covenant on Economic, Social and Cultural Rights, including in particular the principle of non-discrimination found in Article 2 (2) thereof, are not susceptible to progressive implementation and are thus to be guaranteed immediately, the declaration represents a significant qualification of Pakistan's commitment to guarantee the human rights referred to in the Covenant.

The Government of the Islamic Republic of Pakistan also declared that "the provisions of the Covenant shall, however, be subject to the provisions of the constitution of the Islamic Republic of Pakistan". The Government of the Federal Republic of Germany is of the opinion that this leaves it unclear to which extent the Islamic Republic of Pakistan considers itself bound by the obligations resulting from the Covenant.

The Government of the Federal Republic of Germany therefore regards the above-mentioned declarations as reservations and as incompatible with the object and purpose of the Covenant.

The Government of the Federal Republic of Germany therefore objects to the above-mentioned reservations made by the Government of the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights. This objection shall not preclude the entry into force of the Covenant between the Federal Republic of Germany and the Islamic Republic of Pakistan."

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Latvia, 10 November 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of the Republic of Latvia has carefully examined the declaration made by the Islamic Republic of Pakistan to the International Covenant on [Economic, Social and Cultural] Rights upon accession.

The Government of the Republic of Latvia considers that the declaration contains general reference to national law, making the provisions of International Covenant subject to the national law of the Islamic Republic of Pakistan.

Thus, the Government of the Republic of Latvia is of the opinion that the declaration is in fact a unilateral act deemed to limit the scope of application of the International Covenant and therefore, it shall be regarded as a reservation.

Moreover, the Government of the Republic of Latvia noted that the reservation does not make it clear to what extent the Islamic Republic of Pakistan considers itself bound by the provisions of the International Covenant and whether the way of implementation of the provisions of the International Covenant is in line with the object and purpose of the International Covenant.

The Government of the Republic of Latvia recalls that customary international law as codified by Vienna Convention on the Law of Treaties, and in particular Article 19 (c), sets out the reservations that are incompatible with the object and purpose of a treaty are not permissible.

The Government of the Republic of Latvia therefore objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights.

However, this objection shall not preclude the entry into force of the International Covenant between the Republic of Latvia and the Islamic Republic of Pakistan. Thus, the International Covenant will become operative without the Islamic Republic of Pakistan benefiting from its reservation."

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The Netherlands, 7 October 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of the Kingdom of the Netherlands has examined the declaration made by the Islamic Republic of Pakistan on 3 November 2004 upon signature of the International Covenant on Economic, Social and Cultural Rights, done at New York on 16 December 1966.

The Government of the Kingdom of the Netherlands would like to recall that the status of a statement is not determined by the designation assigned to it. The application of the provisions f the International Covenant on Economic, Social and Cultural Rights has been made subject to the provisions of the constitution of the Islamic Republic of Pakistan.

This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the treaty. It is of the common interest of States that all parties respect treaties to which they have chosen to become parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. A reservation as formulated by the Islamic Republic of Pakistan is thus likely to contribute to undermining the basis of international treaty law.

The Government of the Kingdom of the Netherlands considers that the declaration made by the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights in substance constitutes a reservation.

The Government of the Kingdom of the Netherlands therefore objects to the declaration made by the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights.

This objection shall not preclude the entry into force of the Covenant between the Kingdom of the Netherlands and the Islamic Republic of Pakistan, without Pakistan benefiting from its declaration."

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Norway, 17 November 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of the Kingdom of Norway have examined the Declaration made by the Government of the Islamic Republic of Pakistan on 3 November 2004 on signature of the International Covenant on Economic, Social and Cultural Rights (New York, 16 December 1966). According to the first part of the Declaration, the Government of the Islamic Republic of Pakistan "will implement the (...) provisions (embodied in the Covenant) in a progressive manner, in keeping with the existing economic conditions and the development plans of the country". Since some fundamental obligations embodied in the Covenant, including in particular the principle of non-
discrimination found in Article 2 (2) thereof, are not susceptible to progressive implementation and are thus to be guaranteed immediately, the Government of the Kingdom of Norway consider that this part of the Declaration represents a significant qualification of Pakistan's commitment to guarantee the provisions embodied in the Covenant.

According to the second part of the Declaration, "(t)he provisions of the Covenant shall, however, be subject to the provisions of the constitution of the Islamic Republic of Pakistan. "The Government of the Kingdom of Norway note that a general reference to national law without specifying its contents does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention.

The Government of the Kingdom of Norway consider that both parts of the Government of the Islamic Republic of Pakistan's Declaration seek to limit the scope of the Covenant on a unilateral basis and therefore constitute reservations. The Government of the Kingdom of Norway consider both reservations to be incompatible with the object and purpose of the Covenant, and therefore object to the reservations made by the Government of the Islamic Republic of Pakistan.

This objection does not preclude the entry into force in its entirety of the Covenant between the Kingdom of Norway and the Islamic Republic of Pakistan, without the Islamic Republic of Pakistan benefiting from its reservations."

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Slovakia, 9 April 2009

With regard to the reservation made by Pakistan upon Ratification:

"The Government of the Slovak Republic has carefully examined the reservation made by the Government of the Islamic Republic of Pakistan upon ratification of the International Covenant on Economic, Social and Cultural Rights, adopted on 16 December 1966, according to which, 'Pakistan, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, shall use all ap[p]ropriate means to the maximum of its available resources.'

The Government of the Slovak Republic is of the view that the reservation is too general and unclear and raises doubts as to the commitment of the Islamic Republic of Pakistan to its obligations under the Covenant, essential for the fulfilment of its object and purpose.

The Government of the Slovak Republic objects for these reasons to the above mentioned reservation made by the Government of the Islamic Republic of Pakistan upon ratification of the International Covenant on Economic, Social and Cultural Rights.

This objection shall not preclude the entry into force of the International Covenant on Economic, Social and Cultural Rights between the Slovak Republic and the Islamic Republic of Pakistan. The International Covenant on Economic, Social and Cultural Rights enters into force in its entirety between the Slovak Republic and the Islamic Republic of Pakistan, without the Pakistan benefiting from its reservation."

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Spain, 15 November 2005

With regard to the declaration made by Pakistan upon signature:

The Government of the Kingdom of Spain has examined the Declaration made by the Government of the Islamic Republic of Pakistan on 3 November 2004 on signature of the International Covenant on Economic, Social and Cultural Rights, of 16 December 1966.

The Government of the Kingdom of Spain points out that regardless of what it may be called, a unilateral declaration made by a State for the purpose of excluding or changing the legal effects of certain provisions of a treaty as it applies to that State constitutes a reservation.

The Government of the Kingdom of Spain considers that the Declaration made by the Government of the Islamic Republic of Pakistan, which seeks to subject the application of the provisions of the Covenant to the provisions of the constitution of the Islamic Republic of Pakistan is a reservation which seeks to limit the legal effects of the Covenant as it applies to the Islamic Republic of Pakistan. A reservation that includes a general reference to national law without specifying its contents does not make it possible to determine clearly the extent to which the Islamic Republic of Pakistan has accepted the obligations of the Covenant and, consequently, creates doubts as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant.

The Government of the Kingdom of Spain considers that the Declaration made by the Government of the Islamic Republic of Pakistan to the effect that it subjects its obligations under the International Covenant on Economic, Social and Cultural Rights to the provisions of its constitution is a reservation and that that reservation is incompatible with the object and purpose of the Covenant.

According to customary international law, as codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible with the object and purpose of a treaty are not permissible.

Consequently, the Government of the Kingdom of Spain objects to the reservation made by the Government of the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights.

This objection shall not preclude the entry into force of the Covenant between the Kingdom of Spain and the Islamic Republic of Pakistan.

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Sweden, 1 March 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of Sweden would like to recall that the designation 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.

The Government of Sweden is of the view that although Article 2 (1) of the Covenant allows for a progressive realization of the provisions, this may not be invoked as a basis for discrimination.

The application of the provisions of the Covenant has been made subject to provisions of the constitution of the Islamic Republic of Pakistan. This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the treaty and therefore raises doubts as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant. The Government of Sweden considers that the declaration made by the Government of the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights in substance constitutes a reservation.

It is of common interest of States that all Parties respect treaties to which they have chosen to become parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

The Government of Sweden therefore objects to the reservation made by the Islamic Republic of Pakistan to the International Covenant on Economic, Social and Cultural Rights.

This objection shall not preclude the entry into force of the Covenant between Pakistan and Sweden, without Pakistan benefiting from its reservation."

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United Kingdom of Great Britain and Northern Ireland, 17 August 2005

With regard to the declaration made by Pakistan upon signature:

"The Government of the United Kingdom have examined the Declaration made by the Government of Pakistan on 3 November 2004 on signature of the International Covenant on Economic, Social and Cultural Rights (done at New York on 16 December 1966).

The Government of the United Kingdom consider that the Government of Pakistan's Declaration which seeks to subject its obligations under the Covenant to the provisions of its own Constitution is a reservation which seeks to limit the scope of the Covenant on a unilateral basis. The Government of the United Kingdom note that a reservation to a Convention which consists of a general reference to national law without specifying its contents does not clearly define for the other States Parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of the United Kingdom therefore object to this reservation made by the Government of Pakistan.

This objection shall not preclude the entry into force of the Covenant between the United Kingdom of Great Britain and Northern Ireland and Pakistan."

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Note

With regard to the declaration made by Pakistan upon signature, the Secetary-General received a communication from the following State on the date indicated hereinafter:

Austria (25 November 2005):

"The Government of Austria has examined the declaration made by the Islamic Republic of Pakistan upon signature of the International Covenant on Economic, Social and Cultural Rights.

The application of the provisions of the Covenant has been made subject to provisions of national law. This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the treaty and therefore raises concerns as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant.

The Government of Austria considers that the declaration made by the Islamic Republic of Pakistan to the Covenant in substance constitutes a reservation and that this reservation is incompatible with the object and the purpose of the Covenant.

The Government of Austria therefore objects to the reservation made by the Islamic Republic of Pakistan to the Covenant.

This objection shall not preclude the entry into force of the Covenant between the Islamic Republic of Pakistan and the Republic of Austria."

(Note 25, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)

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Note

With regard to the reservation made by Pakistan upon ratification, the Secetary-General received the following communications from the following States on the dates indicated hereinafter:

France (16 April 2009) The Government of the French Republic has examined the reservation made by the Government of the Islamic Republic of Pakistan upon ratification of the International Covenant on Economic, Social and Cultural Rights, which was adopted on 16 December 1966. The reservation states that "Pakistan, with a view to achieving progressively the full realization of the rights recognized in the present Covenant, shall use all appropriate means to the maximum of its available resources." Although this declaration has been referred to as a "reservation", it simply reformulates the content of article 2, paragraph 1, of the Covenant. Furthermore, it cannot have the effect of modifying the other provisions of the Covenant without constituting a reservation of general scope that is incompatible with the object and purpose of the Covenant. The Government of the French Republic therefore considers the "reservation" by Pakistan to be a mere declaration that is devoid of legal effect.

The Netherlands (15 April 2009) "The Government of the Kingdom of the Netherlands has carefully examined the reservation made by the Government of Pakistan upon ratifying the International Covenant on Economic, Social and Cultural Rights. It is the understanding of the Kingdom of the Netherlands that the reservation of Pakistan does not exclude or modify the legal effect of the provisions of the Covenant in their application to Pakistan."

(Note 27, Chapter IV.3, Multilateral Treaties Deposited with the Secretary-General)