UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession
or succession. For objections thereto and territorial applications, see hereinafter.)

Belgium

Interpretative declarations:

1. With respect to article 2, paragraph 2, the Belgian Government interprets non-discrimination as to national origin as not necessarily implying an obligation on States automatically to guarantee to foreigners the same rights as to their nationals. The term should be understood to refer to the elimination of any arbitrary behaviour but not of differences in treatment based on objective and reasonable considerations, in conformity with the principles prevailing in democratic societies.

2. With respect to article 2, paragraph 3, the Belgian Government understands that this provision cannot infringe the principle of fair compensation in the event of expropriation or nationalization.

Objections

(Unless otherwise indicated, the objections were made upon
ratification, accession or succession.)


Belgium Belgium 21 May 2019 With regard to the reservation and statement made by Qatar upon accession: The Kingdom of Belgium has carefully examined the reservation and statement made by the State of Qatar upon its accession, on 21 May 2018, to the International Covenant on Economic, Social and Cultural Rights. The reservation to article 3 and the statement concerning article 8 make the provisions of the Covenant subject to their compatibility with the Sharia or national legislation. The Kingdom of Belgium considers that this reservation and this declaration tend to limit the responsibility of the State of Qatar under the Covenant by means of a general reference to the rules of national law and Sharia. This creates uncertainty as to the extent to which the State of Qatar intends to fulfil its obligations under the Covenant and raises doubts about the State of Qatar's compliance with the object and purpose of the Covenant. The Kingdom of Belgium recalls that under article 19 of the Vienna Convention on the law of treaties, a State cannot make a reservation incompatible with the object and purpose of a treaty. Moreover, article 27 of the Vienna Convention on the law of treaties stipulates that a party may not invoke the provisions of its national law as justifying the non-fulfilment of a treaty. Accordingly, the Kingdom of Belgium objects to the reservation made by the State of Qatar with respect to article 3 and to its statement in respect of article 8 of the International Covenant on Economic, Social and Cultural Rights. The Kingdom of Belgium specifies that this objection does not preclude the entry into force of the International Covenant on Economic, Social and Cultural Rights between the Kingdom of Belgium and the State of Qatar.

Belgium

21 May 2019

With regard to the reservation and statement made by Qatar upon accession:

The Kingdom of Belgium has carefully examined the reservation and statement made by the State of Qatar upon its accession, on 21 May 2018, to the International Covenant on Economic, Social and Cultural Rights.

The reservation to article 3 and the statement concerning article 8 make the provisions of the Covenant subject to their compatibility with the Sharia or national legislation. The Kingdom of Belgium considers that this reservation and this declaration tend to limit the responsibility of the State of Qatar under the Covenant by means of a general reference to the rules of national law and Sharia. This creates uncertainty as to the extent to which the State of Qatar intends to fulfil its obligations under the Covenant and raises doubts about the State of Qatar's compliance with the object and purpose of the Covenant.

The Kingdom of Belgium recalls that under article 19 of the Vienna Convention on the law of treaties, a State cannot make a reservation incompatible with the object and purpose of a treaty. Moreover, article 27 of the Vienna Convention on the law of treaties stipulates that a party may not invoke the provisions of its national law as justifying the non-fulfilment of a treaty.

Accordingly, the Kingdom of Belgium objects to the reservation made by the State of Qatar with respect to article 3 and to its statement in respect of article 8 of the International Covenant on Economic, Social and Cultural Rights.

The Kingdom of Belgium specifies that this objection does not preclude the entry into force of the International Covenant on Economic, Social and Cultural Rights between the Kingdom of Belgium and the State of Qatar.