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STATUS AS AT : 23-04-2014 05:01:22 EDT
CHAPTER IV
HUMAN RIGHTS
3 .a Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
New York, 10 December 2008
Entry into force
:
5 May 2013, in accordance with article 18(1).
Registration :
5 May 2013, No. 14531
Status :
Signatories : 45. Parties : 13
Text :
Doc.A/63/435; C.N.869.2009.TREATIES-34 of 11 December 2009 (Rectification of the original of the Protocol (French authentic text) and transmission of the Procès-verbal).
Note :
The above Optional Protocol was adopted on 10 December 2008 during the sixty-third session of the General Assembly by resolution A/RES/63/117. In accordance with article 17, the Optional Protocol shall be open for signature by any State that has signed, ratified or acceded to the International Covenant on Economic, Social and Cultural Rights. The opening for signature was held on 24 September 2009 during the 2009 Treaty Event at the United Nations Headquarters in New York.
Participant
Signature
Accession(a), Ratification
Angola
24 Sep 2013
 
Argentina
24 Sep 2009
24 Oct 2011
Armenia
29 Sep 2009
 
Azerbaijan
25 Sep 2009
 
Belgium
24 Sep 2009
 
Benin
24 Sep 2013
 
Bolivia (Plurinational State of)
12 Feb 2010
13 Jan 2012
Bosnia and Herzegovina
12 Jul 2010
18 Jan 2012
Burkina Faso
24 Sep 2012
 
Cabo Verde
26 Sep 2011
 
Chile
24 Sep 2009
 
Congo
25 Sep 2009
 
Costa Rica
28 Apr 2011
 
Democratic Republic of the Congo
23 Sep 2010
 
Ecuador
24 Sep 2009
11 Jun 2010
El Salvador
25 Sep 2009
20 Sep 2011
Finland
24 Sep 2009
31 Jan 2014
France
11 Dec 2012
 
Gabon
24 Sep 2009
 1 Apr 2014
Ghana
24 Sep 2009
 
Guatemala
24 Sep 2009
 
Guinea-Bissau
25 Sep 2009
 
Ireland
23 Mar 2012
 
Italy
28 Sep 2009
 
Kazakhstan
23 Sep 2010
 
Luxembourg
24 Sep 2009
 
Madagascar
25 Sep 2009
 
Maldives
21 Sep 2011
 
Mali
24 Sep 2009
 
Mongolia
23 Dec 2009
 1 Jul 2010
Montenegro
24 Sep 2009
24 Sep 2013
Netherlands
24 Sep 2009
 
Paraguay
 6 Oct 2009
 
Portugal
24 Sep 2009
28 Jan 2013
Senegal
24 Sep 2009
 
Slovakia
24 Sep 2009
 7 Mar 2012
Slovenia
24 Sep 2009
 
Solomon Islands
24 Sep 2009
 
Spain
24 Sep 2009
23 Sep 2010
The former Yugoslav Republic of Macedonia
14 Aug 2013
 
Timor-Leste
28 Sep 2009
 
Togo
25 Sep 2009
 
Ukraine
24 Sep 2009
 
Uruguay
24 Sep 2009
 5 Feb 2013
Venezuela (Bolivarian Republic of)
 4 Oct 2011
 
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon signature, accession or ratification.)
Argentina 1

Declaration:
       On the occasion of its ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Argentine Government recalls that on 3 October 1983 the Argentine Republic rejected the extension of the application of the International Covenant on Economic, Social and Cultural Rights to the Malvinas Islands, South Georgia Islands and South Sandwich Islands.
       The Argentine Government recalls that the Malvinas Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas are an integral part of the Argentine national territory and, being illegally occupied by the United Kingdom of Great Britain and Northern Ireland, are the subject of a sovereignty dispute between the two countries which is recognized by the United Nations and other international organizations.
       In this connection, the General Assembly of the United Nations has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which the sovereignty dispute referred to as the “Question of the Malvinas Islands” is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute. Concurrently, the Special Committee on Decolonization of the United Nations has repeatedly affirmed this view. Also, the General Assembly of the Organization of American States adopted, on 24 June 2010, a new pronouncement, in similar terms, on the question.
       In ratifying the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the Argentine Republic does so on the understanding that the system of communications provided for under that instrument does not apply to the right of peoples to self-determination in any context related to sovereignty disputes.

Declarations made under articles 10 and 11
(Unless otherwise indicated, the declarations were made
upon ratification or accession.)
El Salvador

Article 10
       With respect to article 10, the Government of the Republic of El Salvador hereby declares that it recognizes the competence of the Committee on Economic, Social and Cultural Rights to receive and consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the Covenant.

Article 11
       With respect to article 11, the Government of the Republic of El Salvador hereby declares that it recognizes the competence of the Committee on Economic, Social and Cultural Rights provided for under the article.

Finland

Declaration:

       “The Republic of Finland declares that it recognizes the competence of the committee to receive and consider inter-state communications made against it provided for in article 10 of the Protocol and the competence of the committee concerning an inquiry procedure provided for in article 11 of the Protocol.”
Portugal

Declaration:
       “With respect to article 10, the Portuguese Republic hereby declares that it recognizes the competence of the Committee on Economic, Social and Cultural Rights to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant.
       With respect to article 11, the Portuguese Republic hereby declares that it recognizes the competence of the Committee on Economic, Social and Cultural Rights provided for under this article.”

End Note
1. Communication by the United Kingdom of Great Britain and Northern Ireland on 25 October 2012:

“The United Kingdom Mission to the United Nations […] recalls the Declaration made by the Argentine Republic on its ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 24 October 2011, and the subject of a depositary notification dated 27 October 2011 (reference C.N.702.2011.TREATIES-8).

The United Kingdom of Great Britain and Northern Ireland rejects the claims contained in the Declaration made by the Argentine Republic.  In particular, the United Kingdom rejects the claim by the Argentine Republic to the territory of the Falkland Islands, South Georgia Islands and South Sandwich Islands and the surrounding maritime areas.  The peaceful possession of these Islands and surrounding maritime areas by the United Kingdom cannot therefore be characterized as illegal occupation.

The United Kingdom of Great Britain and Northern Ireland has no doubt about its sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and the surrounding maritime areas.  The United Kingdom Government attaches great importance to the principle of self determination as set out in Article 1.2 of the Charter of the United Nations and Article 1 of the International Covenant on Economic, Social and Cultural Rights.  That principle underlies our position on the Falkland Islands.

The United Kingdom Mission to the United Nations requests that the Secretary-General circulate copies of this Note to the States to whom the Declaration of the Argentine Republic was circulated.”