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IP Treaties Collection
Contracting Parties China

Dates Signature: October 27, 1997 Ratification: March 27, 2001 Entry into force: June 27, 2001

Declarations, Reservations

Declaration made upon ratification:
"In accordance with the Decision made by the Standing Committee of the Ninth National People's Congress of the People's Republic of China at its Twentieth Session, the President of the People's Republic of China hereby ratifies The International Covenant on Economic, Social and Cultural Rights , which was signed by Mr.Qin Huasun on behalf of the People's Republic of China on 27 October 1997, and declares the following:
1.The application of Article 8.1 (a) of the Covenant to the People's Republic of China shall be consistent with the relevant provisions of the Constitution of the People's Republic of China, Trade Union Law of the People's Republic of China and Labor Law of the People's Republic of China;..."

Declaration made upon signature and confirmed upon ratification:
"The signature that the Taiwan authorities affixed, by usurping the name of "China", to the said Covenant on 5 October 1967, is illegal and null and void."

 
 Territorial Information

With regard to the application of the Covenant to Hong Kong, the Secretary-General received communications concerning the status of Hong Kong from China and the United Kingdom. Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Covenant with the reservation made by China will also apply to the Hong Kong Special Administrative Region.
Further, on April 20, 2001, the Secretary-General received from the Government of China the following communication:
1. Article 6 of the Covenant does not preclude the formulation of regulations by the HKSAR for employment restrictions, based on place of birth or residence qualifications, for the purpose of safeguarding the employment opportunities of local workers in the HKSAR
2. "National federations or confederations" in Article 8.1(b) of the Covenant shall be interpreted, in this case, as "federations or confederations in the HKSAR", and this Article does not imply the right of trade union federations or confederations to form or join political organizations or bodies established outside the HKSAR.

Declaration made upon ratification:
"In accordance with the Decision made by the Standing Committee of the Ninth National People's Congress of the People's Republic of China at its Twentieth Session, the President of the People's Republic of China hereby ratifies The International Covenant on Economic, Social and Cultural Rights , which was signed by Mr.Qin Huasun on behalf of the People's Republic of China on 27 October 1997, and declares the following:...
2.In accordance with the official notes addressed to the Secretary-General of the United Nations by the Permanent Representative of the People's Republic of China to the United Nations on 20 June 1997 and 2 December 1999 respectively, the International Covenant on Economic, Social and Cultural Rights shall be applicable to the Hong Kong Special Administrative Region of the People's Republic of China and the Macao Special Administrative Region of the People's Republic of China and shall, pursuant to the provisions of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Basic Law of the Macao Special Administrative Region of the People's Republic of China, be implemented through the respective laws of the two special administrative regions."

 
 Additional Information

Signed on behalf of the Republic of China on October 5, 1967.
With reference to the above-mentioned signature, communications have been addressed to the Secretary-General by the Permanent Representatives of Permanent Missions to the United Nations of Bulgaria, Byelorussian SSR, Czechoslovakia, Mongolia, Romania, the Ukrainian SSR, the Union of Soviet Socialist Republics and Yugoslavia, stating that their Governments did not recognize the said signature as valid since the only Government authorized to represent China and to assume obligations on its behalf was the Government of the People's Republic of China.
In letters addressed to the Secretary-General in regard to the above-mentioned communications, the Permanent Representative of China to the United Nations stated that the Republic of China, a sovereign State and Member of the United Nations, had attended the twenty-first regular session of the General Assembly of the United Nations and contributed to the formulation of, and signed the Covenants and the Optional Protocol concerned, and that "any statements or reservations relating to the above-mentioned Covenants and Optional Protocol that are incompatible with or derogatory to the legitimate position of the Government of the Republic of China shall in no way affect the rights and obligations of the Republic of China under these Covenants and Optional Protocol".

 

Act(s) Article(s) Signature Instrument Entry into Force