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IP Treaties Collection
Contracting Parties Austria

Dates Signature: January 3, 1976 Ratification: September 10, 1978 Entry into force: December 10, 1978

Declarations, Reservations

Objection with regard to the reservation and statement made by Qatar upon accession: (May 16, 2019)
"The Government of Austria has carefully examined the reservation and statement made by the State of Qatar upon accession to the International Covenant on Economic, Social and Cultural Rights.
Austria considers the statement concerning Article 8 to amount to a reservation as it aims at applying a provision of the Covenant only in conformity with national legislation. However, the Covenant is to be applied in accordance with international law, not only in accordance with the legislation of a particular state.
By referring to its national legislation or to the Islamic sharia, Qatar's reservations to Article 3 and Article 8 of the Covenant are of a general and indeterminate scope. These reservations do not clearly define for the other States Parties the extent to which the reserving state has accepted the obligations of the Covenant. Furthermore, the reservation to Article 3 seeks to exclude, at least partly, the application of one of the most central provisions which is related to all rights set forth in the Covenant.
Austria therefore considers both reservations to be incompatible with the object and purpose of the Covenant and objects to them. This objection shall not preclude the entry into force of the Covenant between the Republic of Austria and the State of Qatar. The Covenant will thus become operative between the two states without Qatar benefitting from the aforementioned reservations."

Objection with regard to the declaration made by Myanmar upon ratification: (May 16, 2018)
"The Government of Austria has carefully examined the declaration made by the Republic of the Union of Myanmar upon ratification of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966. It considers this declaration to amount to a reservation of a general and indeterminate scope, as it aims at applying a provision of the Covenant only in conformity with the Constitution of Myanmar. However, the Covenant is to be applied in accordance with international law, not in accordance with the legislation of a particular state.
For this reason, Austria considers the reservation to be incompatible with the object and purpose of the Covenant and objects to it. This objection shall however not preclude the entry into force of the Covenant between the Republic of Austria and the Republic of the Union of Myanmar. The Covenant will thus become operative between the two states without Myanmar benefitting from the aforementioned reservation.
Finally, Austria wishes to point out that it does not share the narrow interpretation of the right of self-determination expressed by Myanmar, i.e. that it were excluded that this right 'apply to any section of people within a sovereign independent state'. At the same time, Austria also underlines the fundamental difference between the right of self-determination and a claim to secession, taking into account the various ways of exercising the right of self-determination including by way of autonomy within a sovereign state."

With regard to the declaration made by Pakistan upon signature, the Secetary-General received a communication from Austria (November 25, 2005):
"The Government of Austria has examined the declaration made by the Islamic Republic of Pakistan upon signature of the International Covenant on Economic, Social and Cultural Rights.
The application of the provisions of the Covenant has been made subject to provisions of national law. This makes it unclear to what extent the Islamic Republic of Pakistan considers itself bound by the obligations of the treaty and therefore raises concerns as to the commitment of the Islamic Republic of Pakistan to the object and purpose of the Covenant.
The Government of Austria considers that the declaration made by the Islamic Republic of Pakistan to the Covenant in substance constitutes a reservation and that this reservation is incompatible with the object and the purpose of the Covenant.
The Government of Austria therefore objects to the reservation made by the Islamic Republic of Pakistan to the Covenant.
This objection shall not preclude the entry into force of the Covenant between the Islamic Republic of Pakistan and the Republic of Austria."