CHAPTER IV

HUMAN RIGHTS3aOptional Protocol to the International Covenant on Economic, Social and Cultural RightsNew York, 10 December 2008Entry into force5 May 2013, in accordance with article 18(1).Registration5 May 2013, No. 14531StatusSignatories46Parties29TextUnited Nations, <i>Treaty Series </i>, vol. 2922, p. 29. Doc. <a href="/doc/source/docs/A_63_435-E.pdf" target="_blank">A/63/435</a>; 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).The above Optional Protocol was adopted on 10 December 2008 during the sixty-third session of the General Assembly by resolution <a href="/doc/source/docs/A_RES_63_117-Eng.pdf" target="_blank">A/RES/63/117</a>. 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.

ParticipantSignatureAccession(a), RatificationAngola24 Sep 2013 Argentina24 Sep 2009 24 Oct 2011 Armenia29 Sep 2009 13 Oct 2020 Azerbaijan25 Sep 2009 Belgium24 Sep 2009 20 May 2014 Benin24 Sep 2013 Bolivia (Plurinational State of)12 Feb 2010 13 Jan 2012 Bosnia and Herzegovina12 Jul 2010 18 Jan 2012 Burkina Faso24 Sep 2012 Cabo Verde26 Sep 2011 23 Jun 2014 Central African Republic11 Oct 2016 aChile24 Sep 2009 Congo25 Sep 2009 Costa Rica28 Apr 2011 23 Sep 2014 Cyprus29 Jan 2021 Democratic Republic of the Congo23 Sep 2010 Ecuador24 Sep 2009 11 Jun 2010 El Salvador25 Sep 2009 20 Sep 2011 Finland24 Sep 2009 31 Jan 2014 France11 Dec 2012 18 Mar 2015 Gabon24 Sep 2009 1 Apr 2014 Germany20 Apr 2023 aGhana24 Sep 2009 Guatemala24 Sep 2009 Guinea-Bissau25 Sep 2009 Honduras16 Jan 2018 aIreland23 Mar 2012 Italy28 Sep 2009 20 Feb 2015 Kazakhstan23 Sep 2010 Luxembourg24 Sep 2009 3 Feb 2015 Madagascar25 Sep 2009 Maldives21 Sep 2011 23 Dec 2020 Mali24 Sep 2009 Mongolia23 Dec 2009 1 Jul 2010 Montenegro24 Sep 2009 24 Sep 2013 Netherlands (Kingdom of the)24 Sep 2009 Niger 7 Nov 2014 aNorth Macedonia14 Aug 2013 Paraguay 6 Oct 2009 Portugal24 Sep 2009 28 Jan 2013 San Marino 4 Aug 2015 aSenegal24 Sep 2009 Serbia22 Sep 2023 aSlovakia24 Sep 2009 7 Mar 2012 Slovenia24 Sep 2009 Solomon Islands24 Sep 2009 South Sudan 5 Feb 2024 aSpain24 Sep 2009 23 Sep 2010 Timor-Leste28 Sep 2009 Togo25 Sep 2009 Ukraine24 Sep 2009 Uruguay24 Sep 2009 5 Feb 2013 Venezuela (Bolivarian Republic of) 4 Oct 2011 10 Oct 2018 Argentina<superscript>1</superscript>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.BelgiumThe Kingdom of Belgium recognizes the competence of the Committee on Economic, Social and Cultural Rights- to receive, in accordance with article 10 of the Optional Protocol, notifications from a State Party that another State Party is not fulfilling its obligations, or- to conduct, in accordance with articles 11 and 12 of the Optional Protocol, an inquiry regarding serious and systematic violations by another State Party of one of the Economic, Social and Cultural Rights described in the Covenant.El SalvadorArticle 10With 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 11With 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.FinlandDeclaration:“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.”San Marino<right>4 August 2015</right><i>Article 10</i>“With respect to article 10, the Republic of San Marino 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…”<right>4 August 2015</right><i>Article 11</i>“… With respect to article 11, the Republic of San Marino hereby declares that it recognizes the competence of the Committee on Economic, Social and Cultural Rights provided for under this article.”PortugalDeclaration:“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.”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.”