Objection with regard to the reservation and statement made by Qatar upon accession: (May 21, 2019)
"The Government of the Hellenic Republic has examined the reservation and the statement made by the State of Qatar upon accession to the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 (hereinafter 'the Covenant').
In the above reservation, the State of Qatar states that it does not consider itself bound by the provisions of Article 3 of the Covenant 'for they contravene the Islamic Sharia with regard to questions of inheritance and birth'.
Moreover, in the statement made upon accession to the Covenant, the Government of the State of Qatar declares that it shall implement Article 8 of the Covenant based on the understanding that 'what is meant by 'trade unions' and their related issues [...] is in line with the provisions of the Labor Law and national legislation'. However, in the view of the Government of the Hellenic Republic, this statement in fact amounts to a reservation as it limits the scope of application of Article 8 solely to the extent that it does not contravene the relevant national legislation of Qatar.
The Government of the Hellenic Republic notes that the above reservations are of a general and indeterminate scope, as they purport to subject the application of the aforementioned provisions of the Covenant to the Islamic sharia and national legislation, without, however, specifying the content thereof, and are, accordingly, contrary to the object and purpose of the Covenant, since they do not clearly define for the other States Parties the extent to which Qatar has accepted the obligations of the Covenant.
For the above reasons, the Government of the Hellenic Republic considers the aforesaid reservations of Qatar impermissible as contrary to the object and purpose of the Covenant, according to customary international law, as codified by the Vienna Convention on the Law of the Treaties.
The Government of the Hellenic Republic, therefore, objects to the abovementioned reservations made by the State of Qatar upon accession to the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the State of Qatar."
Objection with regard to the declarations made by Turkey upon ratification (October 11, 2004):
"The Government of Greece has examined the declarations made by the Republic of Turkey upon ratifying the International Covenant on Economic, Social and Cultural Rights.
The Republic of Turkey declares that it will implement the provisions of the Covenant only to the States with which it has diplomatic relations.
In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties, which concern the endowment of individuals with rights. It is therefore contrary to the object and purpose of the Covenant.
The Republic of Turkey furthermore declares that the Covenant is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.
In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is incompatible with the obligation of a State Party to respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of such State Party. Accordingly, this reservation is contrary to the object and purpose of the Covenant.
For these reasons, the Government of Greece objects to the aforesaid reservations made by the Republic of Turkey to the International Covenant on Economic, Social and Cultural Rights.
This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the Republic of Turkey. The Covenant, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations."
| قانون ، قوانين | المواد | توقيع | صكّ | دخول حيز النفاذ |
|---|