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IP Treaties Collection
Contracting Parties Canada

Dates Accession: May 19, 1976 Entry into force: August 19, 1976

Declarations, Reservations

Objection with regard to the reservation and statement made by Qatar upon accession: (May 21, 2019)
"The Government of Canada has carefully examined the reservation and statement made by the Government of Qatar upon ratification of the International Covenant on Economic, Social and Cultural Rights.
The Government of Canada notes that the reservation made by the Government of Qatar, addressing an essential provision of the Covenant and aiming to exclude the obligations under that provision, is incompatible with the object and purpose of the Covenant, and thus inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties.
The Government of Canada notes that the statement made by the Government of Qatar aims at applying a provision of the Covenant only in conformity with domestic law or Islamic Sharia. However, the Covenant is to be applied in accordance with international law. The Government of Canada considers that this statement is a reservation in disguise, incompatible with the object and purpose of the Covenant, and thus inadmissible under article 19 (c) of the Vienna Convention on the Law of Treaties.
The Government of Canada considers that a reservation consisting of a general reference to national law or Islamic Sharia makes it impossible to identify the modifications to obligations under the Covenant, which it purports to introduce. With this reservation, the other States Parties do not know the extent to which Qatar has accepted the obligations to ensure the equal rights of men and women. This uncertainty is unacceptable, especially in the context of a human rights treaty.
It is in the common interest of States that treaties to which they have chosen to become Party are respected as to their object and purpose by all Parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
The Government of Canada therefore objects to the reservation and statement made by the Government of Qatar. This objection does not preclude the entry into force in its entirety of the Covenant between Canada and Qatar."

 

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