STATUS REPORT

AGREEMENT BETWEEN THE GOVERNMENT OF PAPUA NEW GUINEA AND THE GOVERNMENT OF SOLOMON ISLANDS CONCERNING THE ADMINISTRATION OF THE SPECIAL AREAS

(New York, 25/01/1989)

ENTRY INTO FORCE : 02 SEPTEMBER 1990

Depositary: Secretary General of the United Nations

Last updated by PacLII: 22/01/07
Parties Date of Signature Date of ratification
/
Other
Entry Into Force Domestication Legislation
(where available)
Cook Islands   6 Jul 1997 a    
Fiji 02 Jul 1993 13 Aug 1993 Rt    
Kiribati   11 Dec 1995 a    
Marshall Islands 14 Apr 1993 04 Oct 1993 Rt    
Nauru   27 Jul 1994 a    
Niue   20 Dec 1995 a    
Palau   4 Aug 1995 a    
Papua New Guinea 30 Sep 1990 02 Mar 1993 Rt    
Samoa 30 Sep 1990 29 Nov 1994 Rt    
Solomon Islands   10 Apr 1995 a    
Tonga   6 Nov 1995 a    
Tuvalu   22 Sep 1995 a    
Vanuatu 30 Sep 1990 7 Jul 1993 Rt 07 Jun 1993 Convention on the Rights of the Child (Ratification) Act No. 26 of 1992
 
Afghanistan [#] 27 Sep 1990 28 Mar 1994 Rt    
Albania 26 Jan 1990 27 Feb 1992 Rt    
Algeria [#] 26 Jan 1990 16 Apr 1993 Rt    
Andorra [#] 2 Oct 1995 2 Jan 1996 Rt    
Angola 14 Feb 1990 5 Dec 1990 Rt    
Antigua and Barbuda 12 Mar 1991 5 Oct 1993 Rt    
Argentina [#] 29 Jun 1990 4 Dec 1990 Rt    
Armenia   23 Jun 1993 a    
Australia [#] 22 Aug 1990 17 Dec 1990 Rt    
Austria [#] 26 Aug 1990 6 Aug 1992 Rt    
Azerbaijan   13 Aug 1992 a    
Bahamas [#] 30 Oct 1990 20 Feb 1991 Rt    
Bahrain   13 Feb 1992 a    
Bangladesh [#] 26 Jan 1990 3 Aug 1990 Rt    
Barbados 19 Apr 1990 9 Oct 1990 Rt    
Belarus 26 Jan 1990 1 Oct 1990 Rt    
Belgium [#] 26 Jan 1990 16 Dec 1991 Rt    
Belize 2 Mar 1990 2 May 1990 Rt    
Benin 25 Apr 1990 3 Aug 1990 Rt    
Bhutan 4 Jun 1990 1 Aug 1990 Rt    
Bolivia 8 Mar 1990 26 Jun 1990 Rt    
Bosnia and Herzegovina [#]   1 Sep 1993 d    
Botswana [#]   14 Mar 1995 a    
Brazil 26 Jan 1990 24 Sep 1990 Rt    
Brunei Darussalam [#]   27 Dec 1995 a    
Bulgaria 31 May 1990 3 Jun 1991 Rt    
Burkina Faso 26 Jan 1990 31 Aug 1990 Rt    
Burundi 8 May 1990 19 Oct 1990 Rt    
Cambodia   15 Oct 1992 a    
Cameroon 25 Sep 1990 11 Jan 1993 Rt    
Canada [#] 28 May 1990 13 Dec 1991 Rt    
Cape Verde   4 Jun 1992 a    
Central African Republic 30 Jul 1990 23 Apr 1992 Rt    
Chad 30 Sep 1990 2 Oct 1990 Rt    
Chile 26 Jan 1990 13 Aug 1990 Rt    
China [#] 29 Aug 1990 2 Mar 1992 Rt    
Colombia [#] 26 Jan 1990 28 Jan 1991 Rt    
Comoros 30 Sep 1990 22 Jun 1993 Rt    
Congo   14 Oct 1993 a    
Costa Rica 26 Jan 1990 21 Aug 1990 Rt    
Croatia [#]   12 Oct 1992 d    
Cuba [#] 26 Jan 1990 21 Aug 1991 Rt    
Cyprus 5 Oct 1990 7 Feb 1991 Rt    
Czech Republic [#]   22 Feb 1993 d    
Cфte d'Ivoire 26 Jan 1990 4 Feb 1991 Rt    
Democratic People's Republic of Korea 23 Aug 1990 21 Sep 1990 Rt    
Democratic Republic of the Congo 20 Mar 1990 27 Sep 1990 Rt    
Denmark [#] 26 Jan 1990 19 Jul 1991 Rt    
Djibouti [#] 30 Sep 1990 6 Dec 1990 Rt    
Dominica 26 Jan 1990 13 Mar 1991 Rt    
Dominican Republic 8 Aug 1990 11 Jun 1991 Rt    
Ecuador [#] 26 Jan 1990 23 Mar 1990 Rt    
Egypt [#] 5 Feb 1990 6 Jul 1990 Rt    
El Salvador 26 Jan 1990 10 Jul 1990 Rt    
Equatorial Guinea   15 Jun 1992 a    
Eritrea 20 Dec 1993 3 Aug 1994 Rt    
Estonia   21 Oct 1991 a    
Ethiopia   14 May 1991 a    
Finland [#] 26 Jan 1990 20 Jun 1991 Rt    
France [#] 26 Jan 1990 7 Aug 1990 Rt    
Gabon 26 Jan 1990 9 Feb 1994 Rt    
Gambia 5 Feb 1990 8 Aug 1990 Rt    
Georgia   2 Jun 1994 a    
Germany [#] 26 Jan 1990 6 Mar 1992 Rt    
Ghana 29 Jan 1990 5 Feb 1990 Rt    
Greece 26 Jan 1990 11 May 1993 Rt    
Grenada 21 Feb 1990 5 Nov 1990 Rt    
Guatemala [#] 26 Jan 1990 6 Jun 1990 Rt    
Guinea   13 Jul 1990 a    
Guinea-Bissau 26 Jan 1990 20 Aug 1990 Rt    
Guyana 30 Sep 1990 14 Jan 1991 Rt    
Haiti 26 Jan 1990 8 Jun 1995 Rt    
Holy See [#] 20 Apr 1990 20 Apr 1990 Rt    
Honduras 31 May 1990 10 Aug 1990 Rt    
Hungary 14 Mar 1990 7 Oct 1991 Rt    
Iceland [#] 26 Jan 1990 28 Oct 1992 Rt    
India [#]   11 Dec 1992 a    
Indonesia [#] 26 Jan 1990 5 Sep 1990 Rt    
Iran (Islamic Republic of) [#] 5 Sep 1991 13 Jul 1994 Rt    
Iraq [#]   15 Jun 1994 a    
Ireland [#] 30 Sep 1990 28 Sep 1992 Rt    
Israel 3 Jul 1990 3 Oct 1991 Rt    
Italy [#] 26 Jan 1990 5 Sep 1991 Rt    
Jamaica 26 Jan 1990 14 May 1991 Rt    
Japan [#] 21 Sep 1990 22 Apr 1994 Rt    
Jordan [#] 29 Aug 1990 24 May 1991 Rt    
Kazakhstan 16 Feb 1994 12 Aug 1994 Rt    
Kenya 26 Jan 1990 30 Jul 1990 Rt    
Kuwait [#] 7 Jun 1990 21 Oct 1991 Rt    
Kyrgyzstan   7 Oct 1994 a    
Lao People's Democratic Republic   8 May 1991a    
Latvia   14 Apr 1992 a    
Lebanon 26 Jan 1990 14 May 1991 Rt    
Lesotho 21 Aug 1990 10 Mar 1992 Rt    
Liberia 26 Apr 1990 4 Jun 1993 Rt    
Libyan Arab Jamahiriya   15 Apr 1993 a    
Liechtenstein [#] 30 Sep 1990 22 Dec 1995 Rt    
Lithuania   31 Jan 1992 a    
Luxembourg [#] 21 Mar 1990 7 Mar 1994 Rt    
Madagascar 19 Apr 1990 19 Mar 1991 Rt    
Malawi   2 Jan 1991 a    
Malaysia [#]   17 Feb 1995 a    
Maldives [#] 21 Aug 1990 11 Feb 1991 Rt    
Mali [#] 26 Jan 1990 20 Sep 1990 Rt    
Malta [#] 26 Jan 1990 30 Sep 1990 Rt    
Mauritania [#] 26 Jan 1990 16 May 1991 Rt    
Mauritius [#]   26 Jul 1990 a    
Mexico 26 Jan 1990 21 Sep 1990 Rt    
Monaco [#]   21 Jun 1993 a    
Mongolia 26 Jan 1990 5 Jul 1990 Rt    
Morocco [#] 26 Jan 1990 21 Jun 1993 Rt    
Mozambique 30 Sep 1990 26 Apr 1994 Rt    
Myanmar [#]   15 Jul 1991 a    
Namibia 26 Sep 1990 30 Sep 1990 Rt    
Nepal 26 Jan 1990      
Netherlands [#] 26 Jan 1990 6 Feb 1995 A    
New Zealand [#] 1 Oct 1990 6 Apr 1993 Rt    
Nicaragua 6 Feb 1990 5 Oct 1990 Rt    
Niger 26 Jan 1990 30 Sep 1990 Rt    
Nigeria 26 Jan 1990 19 Apr 1991 Rt    
Norway [#] 26 Jan 1990 8 Jan 1991 Rt    
Oman   9 Dec 1996 a    
Pakistan [#] 20 Sep 1990 12 Nov 1990 Rt    
Panama 26 Jan 1990 12 Dec 1990 Rt    
Paraguay 4 Apr 1990 25 Sep 1990 Rt    
Peru 26 Jan 1990 4 Sep 1990 Rt    
Philippines 26 Jan 1990 21 Aug 1990 Rt    
Poland [#] 26 Jan 1990 7 Jun 1991 Rt    
Portugal [#] 26 Jan 1990 21 Sep 1990 Rt    
Qatar [#] 8 Dec 1992 3 Apr 1995 Rt    
Republic of Korea [#] 25 Sep 1990 20 Nov 1991 Rt    
Republic of Moldova   26 Jan 1993 a    
Romania 26 Jan 1990 28 Sep 1990 Rt    
Russian Federation 26 Jan 1990 16 Aug 1990 Rt    
Rwanda 26 Jan 1990 24 Jan 1991 Rt    
Saint Kitts and Nevis 26 Jan 1990 24 Jul 1990 Rt    
Saint Lucia 30 Sep 1990 16 Jun 1993 Rt    
Saint Vincent and the Grenadines 20 Sep 1993 26 Oct 1993 Rt    
San Marino   25 Nov 1991 a    
Sao Tome and Principe   14 May 1991 a    
Saudi Arabia [#]   26 Jan 1996 a    
Senegal 26 Jan 1990 31 Jul 1990 Rt    
Serbia and Montenegro [#]   12 Mar 2001 d    
Seychelles   7 Sep 1990 a    
Sierra Leone 13 Feb 1990 18 Jun 1990 Rt    
Singapore [#]   5 Oct 1995 a    
Slovakia [#]   28 May 1993 d    
Slovenia   6 Jul 1992 d    
Somalia 9 May 2002      
South Africa 29 Jan 1993 16 Jun 1995 Rt    
Spain [#] 26 Jan 1990 6 Dec 1990 Rt    
Sri Lanka 26 Jan 1990 12 Jul 1991 Rt    
Sudan 24 Jul 1990 3 Aug 1990 Rt    
Suriname 26 Jan 1990 1 Mar 1993 Rt    
Swaziland [#] 22 Aug 1990 7 Sep 1995 Rt    
Sweden [#] 26 Jan 1990 29 Jun 1990 Rt    
Switzerland [#] 1 May 1991 24 Feb 1997 Rt    
Syrian Arab Republic [#] 18 Sep 1990 15 Jul 1993 Rt    
Tajikistan   26 Oct 1993 a    
Thailand [#]   27 Mar 1992 a    
The Former Yugoslav Republic of Macedonia   2 Dec 1993 d    
Timor-Leste   16 Apr 2003 a    
Togo 26 Jan 1990 1 Aug 1990 Rt    
Trinidad and Tobago 30 Sep 1990 5 Dec 1991 Rt    
Tunisia [#] 26 Feb 1990 30 Jan 1992 Rt    
Turkey [#] 14 Sep 1990 4 Apr 1995 Rt    
Turkmenistan   20 Sep 1993 a    
Uganda 17 Aug 1990 17 Aug 1990 Rt    
Ukraine 21 Feb 1990 28 Aug 1991 Rt    
United Arab Emirates [#]   3 Jan 1997 a    
United Kingdom of Great Britain and Northern Ireland [#] 19 Apr 1990 16 Dec 1991 Rt    
United Republic of Tanzania 1 Jun 1990 10 Jun 1991 Rt    
United States of America 16 Feb 1995      
Uruguay [#] 26 Jan 1990 20 Nov 1990 Rt    
Uzbekistan   29 Jun 1994 a    
Venezuela [#] 26 Jan 1990 13 Sep 1990 Rt    
Viet Nam 26 Jan 1990 28 Feb 1990 Rt    
Yemen 13 Feb 1990 1 May 1991 Rt    
Zambia 30 Sep 1990 6 Dec 1991 Rt    
Zimbabwe 8 Mar 1990 11 Sep 1990 Rt    
Keys:
  • Accession (a)
  • Acceptance (A)
  • Approval (AA)
  • Definitive Signature (s)
  • Formal confirmation (c)
  • Participation (P)
  • Notification (of provisional application, of special undertaking, etc) (n)
  • Ratification (Rt)
  • Reservation (r)
  • Succession (d)

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, acceptance, accession or succession. For objections thereto, see hereinafter.)


Afghanistan [up]

Upon signature

Declaration

The Government of the Republic of Afghanistan reserves the right to express, upon ratifying the Convention, reservations on all provisions of the Convention that are incompatible with the laws of Islamic Shari'a and the local legislation in effect.


Algeria [up]

Interpretative declarations

Article 14, paragraphs 1 and 2

The provisions of paragraphs 1 and 2 of article 14 shall be interpreted by the Algerian Government in compliance with the basic foundations of the Algerian legal system, in particular

- With the Constitution, which stipulates in its article 2 that Islam is the State religion and in its article 35 that "there shall be no infringement of the inviolability of the freedom of conviction and the inviolability of the freedom of opinion

- With Law No. 84-11 of 9 June 1984, comprising the Family Code, which stipulates that a child's education is to take place in accordance with the religion of its father

Articles 13, 16 and 17

Articles 13, 16 and 17 shall be applied while taking account of the interest of the child and the need to safeguard its physical and mental integrity. In this framework, the Algerian Government shall interpret the provisions of these articles while taking account of

- The provisions of the Penal Code, in particular those sections relating to breaches of public order, to public decency and to the incitement of minors to immorality and debauchery

- The provisions of Law No. 90-07 of 3 April 1990, comprising the Information Code, and particularly its article 24 stipulating that "the director of a publication destined for children must be assisted by an educational advisory body

- Article 26 of the same Code, which provides that "national and foreign periodicals and specialized publications, whatever their nature or purpose, must not contain any illustration, narrative, information or insertion contrary to Islamic morality, national values or human rights or advocate racism, fanaticism and treason. Further, such publications must contain no publicity or advertising that may promote violence and delinquency.


Andorra [up]

Declarations

A.- The Principality of Andorra deplores the fact that the [said Convention] does not prohibit the use of children in armed conflicts. It also disagrees with the provisions of article 38, paragraphs 2 and 3, concerning the participation and recruitment of children from the age of 15

B.- The Principality of Andorra will apply the provisions of articles 7 and 8 of the Convention without prejudice to the provisions of part II, article 7 of the Constitution of the Principality of Andorra, concerning Andorran nationality

Article 7 of the Constitution of Andorra provides that

A La lei qualificada shall determine the rules pertaining to the acquisition and loss of nationality and the legal consequences thereof

Acquisition or retention of a nationality other than Andorran nationality shall result in the loss of the latter in accordance with the conditions and limits established by law


Argentina [up]

Reservation and declarations made upon signature and confirmed upon ratification

Reservation

The Argentine Republic enters a reservation to subparagraphs (b), (c), (d) and (e) of article 21 of the Convention on the Rights of the Child and declares that those subparagraphs shall not apply in areas within its jurisdiction because, in its view, before they can be applied a strict mechanism must exist for the legal protection of children in matters of inter-country adoption, in order to prevent trafficking in and the sale of children

Declarations

Concerning article 1 of the Convention, the Argentine Republic declares that the article must be interpreted to the effect that a child means every human being from the moment of conception up to the age of eighteen

Concerning article 38 of the Convention, the Argentine Republic declares that it would have liked the Convention categorically to prohibit the use of children in armed conflicts. Such a prohibition exists in its domestic law which, by virtue of article 41 of the Convention, it shall continue to apply in this regard

Upon ratification

Declaration

Concerning subparagraph (f) of article 24 of the Convention, the Argentine Republic considers that questions relating to family planning are the exclusive concern of parents in accordance with ethical and moral principles and understands it to be a State obligation, under this article, to adopt measures providing guidance for parents and education for responsible parenthood


Australia [up]

Reservation

Australia accepts the general principles of article 37. In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia. Australia, therefore, ratifies the Convention to the extent that it is unable to comply with the obligation imposed by article 37 (c).


Austria [up]

Reservations

1. Article 13 and article 15 of the Convention will be applied provided that they will not affect legal restrictions in accordance with article 10 and article 11 of the European Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950

2. Article 17 will be applied to the extent that it is compatible with the basic rights of others, in particular with the basic rights of freedom of information and freedom of press.

Declarations

1. Austria will not make any use of the possibility provided for in article 38, paragraph 2, to determine an age limit of 15 years for taking part in hostilities as this rule is incompatible with article 3, paragraph 1, which determines that the best interests of the child shall be a primary consideration

2. Austria declares, in accordance with its constitutional law, to apply article 38, paragraph 3, provided that only male Austrian citizens are subject to compulsory military service.


Bahamas [up]

Reservation made upon signature and confirmed upon ratification

The Government of the Commonwealth of The Bahamas upon signing the Convention reserves the right not to apply the provisions of article 2 of the said Convention insofar as those provisions relate to the conferment of citizenship upon a child having regard to the Provisions of the Constitution of the Commonwealth of The Bahamas


Bangladesh [up]

Reservations

[The Government of Bangladesh] ratifies the Convention with a reservation to article 14, paragraph 1

Also article 21 would apply subject to the existing laws and practices in Bangladesh.


Belgium [up]

Interpretative declarations

1. With regard to article 2, paragraph 1, according to the interpretation of the Belgian Government non-discrimination on grounds of national origin does not necessarily imply the obligation for States automatically to guarantee foreigners the same rights as their nationals. This concept should be understood as designed to rule out all arbitrary conduct but not differences in treatment based on objective and reasonable considerations, in accordance with the principles prevailing in democratic societies

2. Articles 13 and 15 shall be applied by the Belgian Government within the context of the provisions and limitations set forth or authorized by said Convention in articles 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950

3. The Belgian Government declares that it interprets article 14, paragraph 1, as meaning that, in accordance with the relevant provisions of article 18 of the International Covenant on Civil and Political Rights of 19 December 1966 and article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, the right of the child to freedom of thought, conscience and religion implies also the freedom to choose his or her religion or belief

4. With regard to article 40, paragraph 2 (b) (v), the Belgian Government considers that the expression "according to law" at the end of that provision means that

(a) This provision shall not apply to minors who, under Belgian law, are declared guilty and are sentenced in a higher court following an appeal against their acquittal in a court of the first instance

(b) This provision shall not apply to minors who, under Belgian law, are referred directly to a higher court such as the Court of Assize


Bosnia and Herzegovina [up]

Reservation

The Republic of Bosnia and Herzergovina reserves the right not to apply paragraph 1 of article 9 of the Convention since the internal legislation of the Republic of Bosnia and Herzegovina provides for the right of competent authorities (guardianship authorities) to determine on separation of a child from his/her parents without a previous judicial review.


Botswana [up]

Reservation

The Government of the Republic of Botswana enters a reservation with regard to the provisions of article 1 of the Convention and does not consider itself bound by the same in so far as such may conflict with the Laws and Statutes of Botswana.


Brunei Darussalam [up]

Reservation

[The Government of Brunei Darussalam] expresses its reservations on the provisions of the said Convention which may be contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, the State, religion, and without prejudice to the generality of the said reservations, in particular expresses its reservation on articles 14, 20 and 21 of the Convention.


Canada [up]

Reservations

(i) Article 21

With a view to ensuring full respect for the purposes and intent of article 20 (3) and article 30 of the Convention, the Government of Canada reserves the right not to apply the provisions of article 21 to the extent that they may be inconsistent with customary forms of care among aboriginal peoples in Canada

(ii) Article 37 (c)

The Government of Canada accepts the general principles of article 37 (c) of the Convention, but reserves the right not to detain children separately from adults where this is not appropriate or feasible

Statement of understanding

Article 30

It is the understanding of the Government of Canada that, in matters relating to aboriginal peoples of Canada, the fulfilment of its responsibilities under article 4 of the Convention must take into account the provisions of article 30. In particular, in assessing what measures are appropriate to implement the rights recognized in the Convention for aboriginal children, due regard must be paid to not denying their right, in community with other members of their group, to enjoy their own culture, to profess and practice their own religion and to use their own language.


China [up]

Reservation

[T]he People's Republic of China shall fulfil its obligations provided by article 6 of the Convention under the prerequisite that the Convention accords with the provisions of article 25 concerning family planning of the Constitution of the People's Republic of China and in conformity with the provisions of article 2 of the Law of Minor Children of the People's Republic of China


Colombia [up]

Upon signature

The Colombian Government considers that, while the minimum age of 15 years for taking part in armed conflicts, set forth in article 38 of the Convention, is the outcome of serious negotiations which reflect various legal, political and cultural systems in the world, it would have been preferable to fix that age at 18 years in accordance with the principles and norms prevailing in various regions and countries, Colombia among them, for which reason the Colombian Government, for the purpose of article 38 of the Convention, shall construe the age in question to be 18 years

Upon ratification

Reservation

The Government of Colombia, pursuant to article 2, paragraph 1 (d) of the Convention, declares that for the purposes of article 38, paragraphs 2 and 3, of the Convention, the age referred to in said paragraphs shall be understood to be 18 years, given the fact that, under Colombian law, the minimum age for recruitment into the armed forces of personnel called for military service is 18 years


Cook Islands [up]

Reservations

The Government of the Cook Islands reserves the right not to apply the provisions of article 2 in so far as those provisions may relate to the conferment of Cook Islands nationality, citizenship or permanent residency upon a child having regard to the Constitution and other legislation as may from time to time be in force in the Cook Islands

With respect to article 10, the Government of the Cook Islands reserves the right to apply such legislation, in so far as it relates to the entry into, stay in and departure from the Cook Islands of those who do not have the right under the law of the Cook Islands to enter and remain in the Cook Islands, and to the acquisition and possession of citizenship, as it may deem necessary from time to time

The Government of the Cook Islands accepts the general principles of article 37. In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible. The Cook Islands reserves the right not to apply article 37 in so far as those provisions require children who are detained to be accommodated separately from adults

Declarations

Domestically, the Convention does not apply directly. It establishes State obligations under international law that the Cook Islands fulfils in accordance with its national law

Article 2 paragraph (1) does not necessarily imply the obligation of States automatically to guarantee foreigners the same rights as their nationals. The concept of non-discrimination on the basis of national origin should be understood as designed to rule out all arbitrary conduct but not differences in treatment based on objective and reasonable considerations, in accordance with the principles prevailing in democratic societies

The Government of the Cook Islands will take the opportunity afforded by its accession to the Convention to initiate reforms in its domestic legislation relating to adoption that are in keeping with the spirit of the Convention and that it considers appropriate, in line with article 3 (2) of the Convention to ensure the well-being of the child. While all adoptions now permitted under Cook Islands law are based on the principle of the best interest of the child being of paramount consideration and authorised by the High Court in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, the principal aim of the planned measures will be to remove vestigial discrimination provisions governing adoptions found in legislation enacted with respect to the Cook Islands prior to the acquisition of sovereignty by the Cook Islands in order to ensure non-discriminatory adoption arrangements for all Cook Islands nationals.


Croatia [up]

Reservation

The Republic of Croatia reserves the right not to apply paragraph 1 of article 9 of the Convention since the internal legis lation of the Republic of Croatia provides for the right of compet ent authorities (Centres for Social Work) to determine on separ ation of a child from his/her parents without a previous judicial review.


Cuba [up]

Declaration

With reference to article 1 of the Convention, the Government of the Republic of Cuba declares that in Cuba, under the domestic legislation in force, majority is not attained at 18 years of age for purposes of the full exercise of civic rights

Czech Republic, Denmark

Reservations

Article 40, paragraph 2 (b) (v) shall not be binding on Denmark

It is a fundamental principle of the Danish Administration of Justice Act that everybody shall be entitled to have any penal measures imposed on him or her by a court of first instance reviewed by a higher court. There are, however, some provisions limiting this right in certain cases, for instance verdicts returned by a jury on the question of guilt, which have not been reversed by the legally trained judges of the court.


Djibouti [up]

Declaration

[The Government of Djibouti] shall not consider itself bound by any provisions or articles that are incompatible with its religion and its traditional values


Ecuador [up]

Upon signature

Declaration

In signing the Convention on the Rights of the Child, Ecuador reaffirms . . . [that it is] especially pleased with the ninth preambular paragraph of the draft Convention, which pointed to the need to protect the unborn child, and believed that that paragraph should be borne in mind in interpreting all the articles of the Convention, particularly article 24. While the minimum age set in article 38 was, in its view, too low, [the Government of Ecuador] did not wish to endanger the chances for the Convention's adoption by consensus and therefore would not propose any amendment to the text.


Egypt [up]


France [up]

Declarations and reservation made upon signature and confirmed upon ratification

(1) The Government of the French Republic declares that this Convention, particularly article 6, cannot be interpreted as constituting any obstacle to the implementation of the provisions of French legislation relating to the voluntary interruption of pregnancy

(2) The Government of the Republic declares that, in the light of article 2 of the Constitution of the French Republic, article 30 is not applicable so far as the Republic is concerned

(3) The Government of the Republic construes article 40, paragraph 2 (b) (v), as establishing a general principle to which limited exceptions may be made under law. This is particularly the case for certain non-appealable offences tried by the Police Court and for offences of a criminal nature. None the less, the decisions handed down by the final court of jurisdiction may be appealed before the Court of Cassation, which shall rule on the legality of the decision taken


Germany [up]

Upon signature

Declaration

The Government of the Federal Republic of Germany reserves the right to make, upon ratification, such declarations as it considers necessary, especially with regard to the interpretation of articles 9, 10, 18 and 22.

Upon ratification

Declarations

The Government of the Federal Republic of Germany declares . . . that it will take the opportunity afforded by the ratification of the Convention to initiate reforms in its domestic legislation that are in keeping with the spirit of the Convention and that it considers appropriate, in line with article 3 (2) of the Convention, to ensure the well-being of the child. The planned measures include, in particular, a revision of the law on parental custody in respect of children whose parents have not married, are permanently living apart while still married, or are divorced. The principal aim will be to improve the conditions for the exercise of parental custody by both parents in such cases as well. The Federal Republic of Germany also declares that domestically the Convention does not apply directly. It establishes state obligations under international law that the Federal Republic of Germany fulfils in accordance with its national law, which conforms with the Convention

The Government of the Federal Republic of Germany is of the opinion that article 18 (1) of the Convention does not imply that by virtue of the entry into force of this provision parental custody, automatically and without taking into account the best interests of the respective child, applies to both parents even in the case of children whose parents have not married, are permanently living apart while still married, or are divorced. Such an interpretation would be incompatible with article 3 (1) of the Convention. The situation must be examined in a case-by-case basis, particularly where the parents cannot agree on the joint exercise of custody

The Federal Republic of Germany therefore declares that the provisions of the Convention are also without prejudice to the provisions of national law concerning

a) legal representation of minors in the exercise of their rights

b) rights of custody and access in respect of children born in wedlock

c) circumstances under family and inheritance law of children born out of wedlock

This applies irrespective of the planned revision of the law on parental custody, the details of which remain within the discretion of the national legislator

Reservations

In accordance with the reservations made by it with respect to the parallel guarantees of the International Covenant on Civil and Political Rights, the Federal Republic of Germany declares in respect of article 40 (2) (b) (ii) and (v) of the Convention that these provisions shall be applied in such a way that, in the case of minor infringement of the penal law, there shall not in each and every case exist

a) a right to have "legal or other appropriate assistance" in the preparation and presentation of the defence, and/or

b) an obligation to have a sentence not calling for imprisonment reviewed by a "higher competent authority or judicial body

Declarations

Nothing in the Convention may be interpreted as implying that unlawful entry by an alien into the territory of the Federal Republic of Germany or his unlawful stay there is permitted; nor may any provision be interpreted to mean that it restricts the right of the Federal Republic of Germany to pass laws and regulations concerning the entry of aliens and the conditions of their stay or to make a distinction between nationals and aliens

The Government of the Federal Republic of Germany regrets the fact that under article 38 (2) of the Convention even fifteen-year-olds may take a part in hostilities as soldiers, because this age limit is incompatible with the consideration of a child's best interest (article 3 (1) of the Convention). It declares that it will not make any use of the possibility afforded by the Convention of fixing this age limit at fifteen years


Guatemala [up]

Upon signature

Declaration

The State of Guatemala is signing this Convention out of a humanitarian desire to strengthen the ideals on which the Convention is based, and because it is an instrument which seeks to institutionalize, at the global level, specific norms for the protection of children, who, not being legally of age, must be under the guardianship of the family, society and the State

With reference to article 1 of the Convention, and with the aim of giving legal definition to its signing of the Convention, the Government of Guatemala declares that article 3 of its Political Constitution establishes that: "The State guarantees and protects human life from the time of its conception, as well as the integrity and security of the individual.


Holy See [up]

Reservations

a) [The Holy See] interprets the phrase `Family planning education and services' in article 24.2, to mean only those methods of family planning which it considers morally acceptable, that is, the natural methods of family planning

b) [The Holy See] interprets the articles of the Convention in a way which safeguards the primary and inalienable rights of parents, in particular insofar as these rights concern education (articles 13 and 28), religion (article 14), association with others (article 15) and privacy (article 16)

c) [The Holy See declares] that the application of the Convention be compatible in practice with the particular nature of the Vatican City State and of the sources of its objective law (art. 1, Law of 7 June 1929, n. 11) and, in consideration of its limited extent, with its legislation in the matters of citizenship, access and residence.

Declaration

The Holy See regards the present Convention as a proper and laudable instrument aimed at protecting the rights and interests of children, who are 'that precious treasure given to each generation as a challenge to its wisdom and humanity' (Pope John Paul II, 26 April 1984)

The Holy See recognizes that the Convention represents an enactment of principles previously adopted by the United Nations, and once effective as a ratified instrument, will safeguard the rights of the child before as well as after birth, as expressly affirmed in the `Declaration of the Rights of the Child' [Res. 136 (XIV)] and restated in the ninth preambular paragraph of the Convention. The Holy See remains confident that the ninth preambular paragraph will serve as the perspective through which the rest of the Convention will be interpreted, in conformity with article 31 of the Vienna Convention on the Law of Treaties of 23 May 1969

By acceding to the Convention on the Rights of the Child, the Holy See intends to give renewed expression to its constant concern for the well-being of children and families. In consideration of its singular nature and position, the Holy See, in acceding to this Convention, does not intend to prescind in any way from its specific mission which is of a religious and moral character.


Iceland [up]

Declarations

1. With respect to article 9, under Icelandic law the administrative authorities can take final decisions in some cases referred to in the article. These decisions are subject to judicial review in the sense that it is a principle of Icelandic law that courts can nullify administrative decisions if they conclude that they are based on unlawful premises. This competence of the courts to review administrative decisions is based on article 60 of the Constitution

2. With respect to article 37, the separation of juvenile prisoners from adult prisoners is not obligatory under Icelandic law. However, the law relating to prisons and imprisonment provides that when deciding in which penal institution imprisonment is to take place account should be taken of, inter alia, the age of the prisoner. In light of the circumstances prevailing in Iceland it is expected that decisions on the imprisonment of juveniles will always take account of the juvenile's best interest.


India [up]

Declaration

While fully subscribing to the objectives and purposes of the Convention, realising that certain of the rights of child, namely those pertaining to the economic, social and cultural rights can only be progressively implemented in the developing countries, subject to the extent of available resources and within the framework of international co-operation; recognising that the child has to be protected from exploitation of all forms including economic exploitation; noting that for several reasons children of different ages do work in India; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India - the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party.


Indonesia [up]

Reservation

The 1945 Constitution of the Republic of Indonesia guarantees the fundamental rights of the child irrespective of their sex, ethnicity or race. The Constitution prescribes those rights to be implemented by national laws and regulations

The ratification of the Convention on the Rights of the Child by the Republic of Indonesia does not imply the acceptance of obligations going beyond the Constitutional limits nor the acceptance of any obligation to introduce any right beyond those prescribed under the Constitution

With reference to the provisions of articles 1, 14, 16, 17, 21, 22 and 29 of this Convention, the Government of the Republic of Indonesia declares that it will apply these articles in conformity with its Constitution


Iran (Islamic Republic of) [up]

Upon signature

Reservation

The Islamic Republic of Iran is making reservation to the articles and provisions which may be contrary to the Islamic Shariah, and preserves the right to make such particular declaration, upon its ratification

Upon ratification

Reservation

The Government of the Islamic Republic of Iran reserves the right not to apply any provisions or articles of the Convention that are incompatible with Islamic Laws and the international legislation in effect.


Iraq [up]

Reservation

The Government of Iraq has seen fit to accept [the Convention] ... subject to a reservation in respect to article 14, paragraph 1, concerning the child's freedom of religion, as allowing a child to change his or her religion runs counter to the provisions of the Islamic Shariah


Ireland [up]

Upon signature

Declaration

Ireland reserves the right to make, when ratifying the Convention, such declarations or reservations as it may consider necessary.


Japan [up]

Reservation

In applying paragraph (c) of article 37 of the Convention on the Rights of the Child, Japan reserves the right not to be bound by the provision in its second sentence, that is, `every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so', considering the fact that in Japan as regards persons deprived of liberty, those who are below twenty years of age are to be generally separated from those who are of twenty years of age and over under its national law.

Declarations

1. The Government of Japan declares that paragraph 1 of article 9 of the Convention on the Rights of the Child be interpreted not to apply to a case where a child is separated from his or her parents as a result of deportation in accordance with its immigration law

2. The Government of Japan declares further that the obligation to deal with applications to enter or leave a State Party for the purpose of family re-unification `in a positive, humane and expeditious manner' provided for in paragraph 1 of article 10 of the Convention on the Rights of the Child be interpreted not to affect the outcome of such applications.


Jordan [up]

Reservation

The Hashemite Kingdom of Jordan expresses its reservation and does not consider itself bound by articles 14, 20 and 21 of the Convention, which grant the child the right to freedom of choice of religion and concern the question of adoption, since they are at variance with the precepts of the tolerant Islamic Shariah


Kiribati [up]

Reservation

In respect of article 24 paragraphs (b,c,d,e and f), article 26 and article 28 paragraphs (b,c and d), in accordance with article 51 paragraph 1 of the Convention

Declaration

The Republic of Kiribati considers that a child's rights as defined in the Convention, in particular the rights defined in articles 12-16 shall be exercised with respect for parental authority, in accordance with the Kiribati customs and traditions regarding the place of the child within and outside the family.


Kuwait [up]

Upon signature

Reservation

[Kuwait expresses] reservations on all provisions of the Convention that are incompatible with the laws of Islamic Shari'a and the local statutes in effect.

Upon ratification

Declarations

Article 7

The State of Kuwait understands the concepts of this article to signify the right of the child who was born in Kuwait and whose parents are unknown (parentless) to be granted the Kuwaiti nationality as stipulated by the Kuwaiti Nationality Laws

Article 21

The State of Kuwait, as it adheres to the provisions of the Islamic shariah as the main source of legislation, strictly bans abandoning the Islamic religion and does not therefore approve adoption


Liechtenstein [up]

Declaration concerning article 1

According to the legislation of the Principality of Liechtenstein children come of age with 20 years. However, the Liechtenstein law provides for the possibility to prolong or to shorten the duration of minority.

Reservation concerning article 7

The Principality of Liechtenstein reserves the right to apply the Liechtenstein legislation according to which Liechtenstein nationality is granted under certain conditions.

Reservation concerning article 10

The Principality of Liechtenstein reserves the right to apply the Liechtenstein legislation according to which family re-unification for certain categories of foreigners is not guarantied.


Luxembourg [up]

Reservations

1. The Government of Luxembourg believes that it is in the interest of families and children to maintain the provision of article 334-6 of the Civil Code, which reads as follows

Article 334-6. If at the time of conception, the father or mother was bound in marriage to another person, the natural child may be raised in the conjugal home only with the consent of the spouse of his parent

2. The Government of Luxembourg declares that the present Convention does not require modification of the legal status of children born to parents between whom marriage is absolutely prohibited, such status being warranted by the interest of the child, as provided under article 3 of the Convention

3. The Government of Luxembourg declares that article 6 of the present Convention presents no obstacle to implementation of the provisions of Luxembourg legislation concerning sex information, the prevention of back-street abortion and the regulation of pregnancy termination

4. The Government of Luxembourg believes that article 7 of the Convention presents no obstacle to the legal process in respect of anonymous births, which is deemed to be in the interest of the child, as provided under article 3 of the Convention

5. The Government of Luxembourg declares that article 15 of the present Convention does not impede the provisions of Luxembourg legislation concerning the capacity to exercise rights


Malaysia [up]

Reservation

The Government of Malaysia accepts the provisions of the Convention on the Rights of the Child but expresses reservations with respect to articles 1, 2, 7, 13, 14, 15, [...], 28, [paragraph 1 (a)] 37, [...] of the Convention and declares that the said provisions shall be applicable only if they are in conformity with the Constitution, national laws and national policies of the Government of Malaysia.

23 March 1999

Declaration

With respect to article 28 paragraph 1 (a), the Government of Malaysia wishes to declare that in Malaysia, even though primary education is not compulsory and available free to all, primary education is available to everybody and Malaysia has achieved a high rate of enrolment for primary education i.e. at the rate of 98% enrolment.


Maldives [up]

Upon signature

Reservations

1) Since the Islamic Shariah is one of the fundamental sources of Maldivian Law and since Islamic Shariah does not include the system of adoption among the ways and means for the protection and care of children contained in Shariah, the Government of the Republic of Maldives expresses its reservation with respect to all the clauses and provisions relating to adoption in the said Convention on the Rights of the Child

2) The Government of the Republic of Maldives expresses its reservation to paragraph 1 of article 14 of the said Convention on the Rights of the Child, since the Constitution and the Laws of the Republic of Maldives stipulate that all Maldivians should be Muslims.

Upon ratification

Reservations to articles 14 and 21


Mali [up]

Reservation

The Government of the Republic of Mali declares that, in view of the provisions of the Mali Family Code, there is no reason to apply article 16 of the Convention


Malta [up]


Mauritania [up]

Upon signature

Reservation

In signing this important Convention, the Islamic Republic of Mauritania is making reservations to articles or provisions which may be contrary to the beliefs and values of Islam, the religion of the Mauritania People and State


Mauritius [up]

Reservation

[Mauritius] . . . with express reservation with regard to article 22 of the said Convention.


Monaco [up]

Declaration

The Principality of Monaco declares that this Convention, especially article 7, shall not affect the rules laid down in Monegasque legislation regarding nationality

Reservation

The Principality of Monaco interprets article 40, paragraph 2 (b)(v) as stating a general principle which has a number of statutory exceptions. Such, for example, is the case with respect to certain criminal offences. In any event, in all matters the Judicial Review Court rules definitively on appeals against all decisions of last resort


Morocco [up]

Reservation

The Kingdom of Morocco, whose Constitution guarantees to all the freedom to pursue his religious affairs, makes a reservation to the provisions of article 14, which accords children freedom of religion, in view of the fact that Islam is the State religion


Myanmar [up]


Netherlands [up]

Reservations

Article 26

The Kingdom of the Netherlands accepts the provisions of article 26 of the Convention with the reservation that these provisions shall not imply an independent entitlement of children to social security, including social insurance

Article 37

The Kingdom of the Netherlands accepts the provisions of article 37 (c) of the Convention with the reservation that these provisions shall not prevent the application of adult penal law to children of sixteen years and older, provided that certain criteria laid down by law have been met

Article 40

The Kingdom of the Netherlands accepts the provisions of article 40 of the Convention with the reservation that cases involving minor offences may be tried without the presence of legal assistance and that with respect to such offences the position remains that no provision is made in all cases for a review of the facts or of any measures imposed as a consequence.

Declarations

Article 14

It is the understanding of the Government of the Kingdom of the Netherlands that article 14 of the Convention is in accordance with the provisions of article 18 of the International Covenant on Civil and Political Rights of 19 December 1966 and that this article shall include the freedom of a child to have or adopt a religion or belief of his or her choice as soon as the child is capable of making such choice in view of his or her age or maturity

Article 22

With regard to article 22 of the Convention, the Government of the Kingdom of the Netherlands declares

a) that it understands the term "refugee" in paragraph 1 of this article as having the same meaning as in article 1 of the Convention relating to the Status of Refugees of 28 July 1951; and

b) that it is of the opinion that the obligation imposed under the terms of this article does not prevent

- the submission of a request for admission from being made subject to certain conditions, failure to meet such conditions resulting in inadmissibility

- the referral of a request for admission to a third State, in the event that such a State is considered to be primarily responsible for dealing with the request for asylum

Article 38

With regard to article 38 of the Convention, the Government of the Kingdom of the Netherlands declares that it is of the opinion that States would not be allowed to involve children directly or indirectly in hostilities and that the minimum age for the recruitment or incorporation of children in the armed forces should be above fifteen years

In times of armed conflict, provisions shall prevail that are most conducive to guaranteeing the protection of children under international law, as referred to in article 41 of the Convention.


New Zealand [up]

Reservations

Nothing in this Convention shall affect the right of the Government of New Zealand to continue to distinguish as it considers appropriate in its law and practice between persons accord ing to the nature of their authority to be in New Zealand including but not limited to their entitlement to benefits and other protections described in the Convention, and the Government of New Zealand reserves the right to interpret and apply the Convention accordingly

The Government of New Zealand considers that the rights of the child provided for in article 32 (1) are adequately protected by its existing law. It therefore reserves the right not to legislate further or to take additional measures as may be envisaged in article 32 (2)

The Government of New Zealand reserves the right not to apply article 37 (c) in circumstances where the shortage of suitable facilities makes the mixing of juveniles and adults unavoidable; and further reserves the right not to apply article 37 (c) where the interests of other juveniles in an establishment require the removal of a particular juvenile offender or where mixing is considered to be of benefit to the persons concerned

Norway, Oman

Reservations

1. The words "or to public safety" should be added in article 9 [, paragraph 4,] after the words "unless the provision of the information would be detrimental to the well-being of the child

2. A reservation is entered to all the provisions of the Convention that do not accord with Islamic law or the legislation in force in the Sultanate and, in particular, to the provisions relating to adoption set forth in its article 21

3. The provisions of the Convention should be applied within the limits imposed by the material resources available

4. The Sultanate considers that article 7 of the Convention as it relates to the nationality of a child shall be understood to mean that a child born in the Sultanate of unknown parents shall acquire Oman nationality, as stipulated in the Sultanate's Nationality Law

5. The Sultanate does not consider itself to be bound by those provisions of article 14 of the Convention that accord a child the right to choose his or her religion or those of its article 30 that allow a child belonging to a religious minority to profess his or her own religion


Pakistan [up]


Poland [up]

Reservations

- With respect to article 7 of the Convention, the Republic of Poland stipulates that the right of an adopted child to know its natural parents shall be subject to the limitations imposed by binding legal arrangements that enable adoptive parents to maintain the confidentiality of the child's origin

- The law of the Republic of Poland shall determine the age from which call-up to military or similar service and participation in military operations are permissible. That age limit may not be lower than the age limit set out in article 38 of the Convention

Declarations

- The Republic of Poland considers that a child's rights as defined in the Convention, in particular the rights defined in articles 12 to 16, shall be exercised with respect for parental authority, in accordance with Polish customs and traditions regarding the place of the child within and outside the family

- With respect to article 24, paragraph 2 (f), of the Convention, the Republic of Poland considers that family planning and education services for parents should be in keeping with the prin ciples of morality


Qatar [up]

Reservation made upon signature and confirmed upon ratification

[The State of Qatar] enter(s) a general reservation by the State of Qatar concerning provisions incompatible with Islamic Law


Republic of Korea [up]

Reservations

The Republic of Korea considers itself not bound by the provisions of paragraph 3 of article 9, paragraph (a) of article 21 and sub-paragraph (b) (v) of paragraph 2 of article 40


Samoa [up]

Reservation

The Government of Western Samoa whilst recognising the importance of providing free primary education as specified under article 28 (1)(a) of the Convention on the rights of the child

And being mindful of the fact that the greater portion of schools within Western Samoa that provide primary education are controlled by bodies outside the control of the government

Pursuant then to article 51, the Government of Western Samoa thus reserves the right to allocate resources to the primary level sector of education in Western Samoa in contrast to the requirement of article 28 (1)(a) to provide free primary education.


Saudi Arabia [up]

Reservation

[The Government of Saudi Arabia enters] reservations with respect to all such articles as are in conflict with the provisions of Islamic law


Serbia and Montenegro [up]


Singapore [up]

Declarations

(1) The Republic of Singapore considers that a child's rights as defined in the Convention, in particular the rights defined in article 12 to 17, shall in accordance with articles 3 and 5 be exercised with respect for the authority of parents, schools and other persons who are entrusted with the care of the child and in the best interests of the child and in accordance with the customs, values and religions of Singapore's multi-racial and multi-religious society regarding the place of the child within and outside the family

(2) The Republic of Singapore considers that articles 19 and 37 of the Convention do not prohibit

(a) the application of any prevailing measures prescribed by law for maintaining law and order in the Republic of Singapore

(b) measures and restrictions which are prescribed by law and which are necessary in the interests of national security, public safety, public order, the protection of public health or the protection of the rights and freedoms of others; or

(c) the judicious application of corporal punishment in the best interest of the child

Reservations

(3) The Constitution and the laws of the Republic of Singapore provide adequate protection and fundamental rights and liberties in the best interests of the child. The accession to the Convention by the Republic of Singapore does not imply the acceptance of obligations going beyond the limits prescribed by the Constitution of the Republic of Singapore nor the acceptance of any obligation to introduce any right beyond those prescribed under the Constitution

(4) Singapore is geographically one of the smallest independent countries in the world and one of the most densely populated. The Republic of Singapore accordingly reserves the right to apply such legislation and conditions concerning the entry into, stay in and departure from the Republic of Singapore of those who do not or who no longer have the right under the laws of the Republic of Singapore, to enter and remain in the Republic of Singapore, and to the acquisition and possession of citizenship, as it may deem necessary from time to time and in accordance with the laws of the Republic of Singapore

(5) The employment legislation of the Republic of Singapore prohibits the employment of children below 12 years old and gives special protection to working children between the ages of 12 years and below the age of 16 years. The Republic of Singapore reserves the right to apply article 32 subject to such employment legislation

(6) With respect to article 28.1(a), the Republic of Singapore

(a) does not consider itself bound by the requirement to make primary education compulsory because such a measure is unnecessary in our social context where in practice virtually all children attend primary school; and

(b) reserves the right to provide primary education free only to children who are citizens of Singapore.

Slovakia, Slovenia


Spain [up]

Declarations

1. Spain understands that article 21, paragraph (d), of the Convention may never be construed to permit financial benefits other than those needed to cover strictly necessary expenditure which may have arisen from the adoption of children residing in another country

2. Spain, wishing to make common cause with those States and humanitarian organizations which have manifested their disagreement with the contents of article 38, paragraphs 2 and 3, of the Convention, also wishes to express its disagreement with the age limit fixed therein and to declare that the said limit appears insufficient, by permitting the recruitment and participation in armed conflict of children having attained the age of fifteen years


Swaziland [up]

Declaration

The Convention on the Rights of the Child being a point of departure to guarantee child rights; taking into consideration the progressive character of the implementation of certain social, economic and cultural rights; as recognized in article 4 of the Convention, the Government of the Kingdom of Swaziland would undertake the implementation of the right to free primary education to the maximum extent of available resources and expects to obtain the co-operation of the international Community for its full satisfaction as soon as possible.


Switzerland [up]

Declaration

Switzerland refers expressly to the obligations of all States to apply the rules of international humanitarian law and national law to the extent that they ensure better protection and care of children who are affected by an armed conflict

(a) Reservation concerning article 5

The Swiss legislation concerning parental authority is unaffected

(b) Reservation concerning article 7

The Swiss legislation on nationality, which does not grant the right to acquire Swiss nationality, is unaffected

(c) Reservation concerning article 10, paragraph 1

Swiss legislation, which does not guarantee family reunification to certain categories of aliens, is unaffected

(d) Reservation concerning article 37(c)

The separation of children deprived of liberty from adults is not unconditionally guarantied

(e) Reservation concerning article 40

The Swiss penal procedure applicable to children, which does not guarantee either the unconditional right to assistance or separation, where personnel or organization is concerned, between the examining authority and the sentencing authority, is unaffected

The federal legislation concerning the organization of criminal justice, which establishes an exception to the right to a conviction and sentence being reviewed by a higher tribunal where the person concerned was tried by the highest tribunal at first instance, is unaffected


Syrian Arab Republic [up]

Reservations

The Syrian Arab Republic has reservations on the Convention's provisions which are not in conformity with the Syrian Arab legislations and with the Islamic Shariah's principles, in particular the content of article (14) related to the Right of the Child to the freedom of religion, and articles 20 and 21 concerning the adoption


Thailand [up]

Reservation

The application of articles 7, 22 .... of the Convention on the Rights of the Child shall be subject to the national laws, regulations and prevailing practices in Thailand.


Tunisia [up]

Declarations

1. The Government of the Republic of Tunisia declares that it shall not, in implementation of this Convention, adopt any legislative or statutory decision that conflicts with the Tunisian Constitution

3. The Government of the Republic of Tunisia declares that the Preamble to and the provisions of the Convention, in particular article 6, shall not be interpreted in such a way as to impede the application of Tunisian legislation concerning voluntary termination of pregnancy

Reservations

1. The Government of the Republic of Tunisia enters a reservation with regard to the provisions of article 2 of the convention, which may not impede implementation of the provisions of its national legislation concerning personal status, particularly in relation to marriage and inheritance rights

3. The Government of the Republic of Tunisia considers that article 7 of the Convention cannot be interpreted as prohibiting implementation of the provisions of national legislation relating to nationality and, in particular, to cases in which it is forfeited


Turkey [up]

Reservation made upon signature and confirmed upon ratification

The Republic of Turkey reserves the right to interpret and apply the provisions of articles 17, 29 and 30 of the United Nations Convention on the Rights of the Child according to the letter and the spirit of the Constitution of the Republic of Turkey and those of the Treaty of Lausanne of 24 July 1923


United Arab Emirates [up]

Reservations

Article 7

The United Arab Emirates is of the view that the acquisition of nationality is an internal matter and one that is regulated and whose terms and conditions are established by national legislation

Article 14

The United Arab Emirates shall be bound by the tenor of this article to the extent that it does not conflict with the principles and provisions of Islamic law

Article 17

While the United Arab Emirates appreciates and respects the functions assigned to the mass media by the article, it shall be bound by its provisions in the light of the requirements of domestic statues and laws and, in accordance with the recognition accorded them in the preamble to the Convention, such a manner that the country's traditions and cultural values are not violated

Article 21

Since, given its commitment to the principles of Islamic law, the United Arab Emirates does not permit the system of adoption, it has reservations with respect to this article and does not deem it necesary to be bound by its provisions


United Kingdom of Great Britain and Northern Ireland [up]

Upon signature

The United Kingdom reserves the right to formulate, upon ratifying the Convention, any reservations or interpretative declarations which it might consider necessary.

Upon ratification

Declarations

(a) The United Kingdom interprets the Convention as appli cable only following a live birth

(b) The United Kingdom interprets the references in the Convention to `parents' to mean only those persons who, as a matter of national law, are treated as parents. This includes cases where the law regards a child as having only one parent, for example where a child has been adopted by one person only and in certain cases where a child is conceived other than as a result of sexual intercourse by the woman who gives birth to it and she is treated as the only parent

Reservations

(c) The United Kingdom reserves the right to apply such legislation, in so far as it relates to the entry into, stay in and departure from the United Kingdom of those who do not have the right under the law of the United Kingdom to enter and remain in the United Kingdom, and to the acquisition and possession of citizenship, as it may deem necessary from time to time

(e) Where at any time there is a lack of suitable accommodation or adequate facilities for a particular individual in any institution in which young offenders are detained, or where the mixing of adults and children is deemed to be mutually beneficial, the United Kingdom reserves the right not to apply article 37 (c) in so far as those provisions require children who are detained to be accommodated separately from adults

Declaration

The United Kingdom reserves the right to extend the Convention at a later date to any territory for whose international relations the Government of the United Kingdom is responsible.

7 September 1994

Declarations

The United Kingdom refers to the reservation and declarations (a), (b) and (c) which accompanied its instrument of ratification and makes a similar reservation and declarations in respect to each of its dependent territories

The United Kingdom, in respect of each of its dependent territories except Hong Kong and Pitcairn, reserves the right to apply article 32 subject to the laws of those territories which treat certain persons under 18 not as children but as `young people'. In respect of Hong Kong, the United Kingdom reserves the right not to apply article 32 (b) in so far as it might require regulation of the hours of employment of young persons who have attained the age of fifteen years in respect of work in non-industrial establishments

Where at any time there is a lack of suitable detention facilities or where the mixing of adults and children is deemed to be mutually beneficial, the United Kingdom, in respect of each of its dependent territories, reserves the right not to apply article 37 (c) in so far as those provisions require children who are detained to be accommodated separately from adults

The United Kingdom, in respect of Hong Kong and the Cayman Islands, will seek to apply the Convention to the fullest extent to children seeking asylum in those territories except in so far as conditions and resources make full implementation impracticable. In particular, in relation to article 22, the United Kingdom reserves the right to continue to apply any legislation in those territories governing the detention of children seeking refugee status, the determination of their status and their entry into, stay in and departure from those territories

The Government of the United Kingdom reserves the right to extend the Convention at a later date to any other territories for whose international relations the Government of the United Kingdom is responsible.


Uruguay [up]

Upon signature

Declaration

On signing this Convention, Uruguay reaffirms the right to make reservations upon ratification, if it considers it appropriate

Upon ratification

Reservation

The Government of the Eastern Republic of Uruguay affirms, in regard to the provisions of article 38, paragraphs 2 and 3, that in accordance with Uruguayan law it would have been desirable for the lower age limit for taking a direct part in hostilities in the event of an armed conflict to be set at 18 years instead of 15 years as provided in the Convention

Furthermore, the Government of Uruguay declares that, in the exercise of its sovereign will, it will not authorize any persons under its jurisdiction who have not attained the age of 18 years to take a direct part in hostilities and will not under any circumstances recruit persons who have not attained the age of 18 years


Venezuela [up]

Interpretative declarations

1. A ticle 21 (b)

The Government of Venezuela understands this provision as referring to international adoption and in no circumstances to placement in a foster home outside the country. It is also its view that the provision cannot be interpreted to the detriment of the State's obligation to ensure due protection of the child

2. Article 21 (d)

The Government of Venezuela takes the position that neither the adoption nor the placement of children should in any circumstances result in financial gain for those in any way involved in it

3. Article 30

The Government of Venezuela takes the position that this article must be interpreted as a case in which article 2 of the Convention applies

Yugoslavia (former)

Objections

(Unless otherwise indicated, the objections were made upon ratification, acceptance, accession or succession.)


Austria [up]

18 June 1996

With regard to the reservations made by Malaysia upon accession

Under article 19 of the Vienna Convention on the Law of Treaties which is reflected in article 51 of the [Convention] a reservation, in order to be admissible under international law, has to be compatible with the object and purpose of the treaty concerned. A reservation is incompatible with object and purpose of a treaty if it intends to derogate from provisions the implementation of which is essential to fulfilling its object and purpose

The Government of Austria has examined the reservation made by Malaysia to the [Convention]. Given the general character of these reservations a final assessment as to its admissibility under international law cannot be made without further clarification

Until the scope of the legal effects of this reservation is sufficiently specified by Malaysia, the Republic of Austria considers these reservations as not affecting any provision the implementation of which is essential to fulfilling the object and purpose of the [Convention

Austria, however, objects to the admissibility of the reservations in question if the application of this reservation negatively affects the compliance of Malaysia ... with its obligations under the [Convention] essential for the fulfilment of its object and purpose

Austria could not consider the reservation made by Malaysia ... as admissible under the regime of article 51 of the [Convention] and article 19 of the Vienna Convention on the Law of Treaties unless Malaysia ... , by providing additional information or through subsequent practice to ensure [s] that the reservations are compatible with the provisions essential for the implementation of the object and purpose of the [Convention]

3 March 1997

With regard to the reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession

[Same objection, mutatis mutandis, as the one made with regard to Malaysia


Belgium [up]

26 September 1996

With regard to the reservations made by Singapore upon ratification

The Government considers that paragraph 2 of the declarations, concerning articles 19 and 37 of the Convention and paragraph 3 of the reservations, concerning the constitutional limits upon the acceptance of the obligations contained in the Convention, are contrary to the purposes of the Convention and are consequently without effect under international law


Czech Republic [up]


Denmark [up]

10 February 1997

With regard to the reservation made by Brunei Darussalam upon accession

The Government of Denmark finds that the general reservation with reference to the Constitution of Brunei Darussalam and to the beliefs and principles of Islamic law is of unlimited scope and undefined character. Consequently, the Government of Denmark considers the said reservation as being incompatible with the object and purposes of the Convention and accordingly inadmissible and without effect under international law. Furthermore, it is a general principle of international law that national law may not be invoked as justification for failure to perform treaty obligations

The Convention remains in force in its entirety between Brunei Darussalam and Denmark

It is the opinion of the Government of Denmark, that no time limit applies to objections against reservations, which are inadmissible under international law

The Government of Denmark recommends the Government of Brunei Darussalam to reconsider its reservation to the Convention on the Rights of the Child.

With regard to the reservation made by Saudi Arabia upon accession

[Same objection, mutatis mutandis, as the one made with regard to Brunei Darussalam


Finland [up]

25 July 1991

With regard to the reservation made by Indonesia upon ratification concerning articles 1, 14, 16, 17, 21, 22 and 29

In the view of the Government of Finland this reservation is subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its internal law as justification for failure to perform a treaty. For the above reason the Government of Finland objects to the said reservation. However, the Government of Finland does not consider that this objection constitutes an obstacle to the entry into force of the said Convention between Finland and the Republic of Indonesia.

Subsequently, the Secretary-General received, from the Government of Finland, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 25 July 1991: with regard to the reservation made by Pakistan upon signature and confirmed upon ratification

- 9 June 1993: with regard to the reservation made by Qatar upon signature

- 24 June 1994: with regard to the reservations made by the Syrian Arab Republic upon ratification

- 5 September 1995: with regard to the reservation made by Iran (Islamic Republic of) upon ratification

14 June 1996

With regard to the reservations made by Malaysia upon accession

The reservation made by Malaysia covers several central provisions of the [said Convention]. The broad nature of the said reservation leaves open to what extent Malaysia commits itself to the Convention and to the fulfilment of its obligations under the Convention. In the view of the Government of Finland reservations of such comprehensive nature may contribute to undermining the basis of international human rights treaties

The Government of Finland also recalls that the said reservation is subject to the general principle of the observance of the treaties according to which a party may not invoke its internal law, much less its national policies, as justification for its failure to perform its treaty obligations. It is in the common interest of the States that contracting parties to international treaties are prepared to undertake the necessary legislative changes in order to fulfil the object and purpose of the treaty. Moreover, the internal legislation as well as the national policies are also subject to changes which might further expand the unknown effects of the reservation

In its present formulation the reservation is clearly incompatible with the object and purpose of the Convention and therefore inadmissible under article 51, paragraph 2, of the [said Convention]. Therefore the Government of Finland objects to such reservation. The Government of Finland further notes that the reservation made by the Government of Malaysia is devoid of legal effect

The Government of Finland recommends the Government of Malaysia to reconsider its reservation to the [said Convention].

With regard to the reservations made by Qatar upon ratification

[Same objection, mutatis mutandis, as the one made with regard to Malaysia

26 November 1996

With regard to the reservations made by Singapore upon accession

The reservations made in paragraphs 2 and 3 by the Republic of Singapore, consisting of a general reference to national law without stating unequivocally the provisions the legal effect of which may be excluded or modified, do not clearly define to the other Parties of the Convention the extent to which the reserving State commits itself to the Convention and therefore create doubts about the commitment of the reserving State to fulfil its obligations under the said Convention. Reservations of such unspecified nature may contribute to undermining the basis of international human rights treaties

The Government of Finland also recalls that these reservations of the Republic of Singapore are subject to the general principle of observance of treaties according to which a party may not invoke the provisions of its internal law as justification for failure to perform its treaty obligations. It is in the common interest of States that Parties to international treaties are prepared to take the necessary legislative changes in order to fulfil the object and purpose of the treaty

The Government of Finland considers that in their present formulation these reservations made by the Republic of Singapore are incompatible with the object and purpose of the said Convention and therefore, inadmissible under article 51, paragraph 2, of the said Convention. In view of the above, the Government of Finland objects to these reservations and notes that they are devoid of legal effect

6 February 1998

With regard to the reservations made by Oman upon accession

[Same objection, mutatis mutandis, as the one made with regard to Singapore


Germany [up]

25 June 1992

With regard to the reservations made by Myanmar upon accession

The Federal Republic of Germany considers that the reservations made by the Union of Myanmar regarding articles 15 and 37 of the Convention on the Rights of the Child are incompatible with the object and purpose of the Convention (article 51, paragraph 2) and therefore objects to them

This objection shall not preclude the entry into force of the Convention as between the Union of Myanmar and the Federal Republic of Germany

17 March 1993

With regard to the reservations made by Tunisia upon ratification

The Federal Republic of Germany considers the first of the declarations deposited by the Republic of Tunisia to be a reservation. It restricts the application of the first sentence of article 4 to the effect that any national legislative or statutory decisions adopted to implement the Convention may not conflict with the Tunisian Constitution. Owing to the very general wording of this passage the Government of the Federal Republic of Germany is unable to perceive which provisions of the Convention are covered, or may be covered at some time in the future, by the reservation and in what manner. There is a similar lack of clarity with regard to the reservation relating to article 2

The Government of the Federal Republic of Germany therefore objects to both these reservations. This objection does not prevent the Convention from entering into force as between the Federal Republic of Germany and the Republic of Tunisia

21 September 1994

With regard to the reservation made by the Syrian Arab Republic upon ratification

This reservation, owing to its indefinite nature, does not meet the requirements of international law. The Government of the Federal Republic of Germany therefore objects to the reservation made by the Syrian Arab Republic

This objection shall not preclude the entry into force of the Convention as between the Syrian Arab Republic and the Federal Republic of Germany

11 August 1995

With regard to the reservation made by Iran (Islamic Republic) upon ratification

[Same objection, mutatis mutandis, as the one made with regard to the Syrian Arab Republic

20 March 1996

With regard to the reservations made by Malaysia upon accession and Qatar upon ratification

The Government of the Federal Republic of Germany considers that such a reservation, which seeks to limit the responsibilities of [Malaysia and Qatar, respectively] under the Convention by invoking general principles of national law, may raise doubts as to the commitment of [Malaysia and Qatar, respectively] to the object and purpose of the Convention and, moreover, contributes to undermining the basis of international treaty law. It is the common interest of states that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties. The Government of the Federal Republic of Germany therefore objects to the said reservation

This objection does not constitute an obstacle to the entry into force of the Convention between the Federal Republic of Germany and [Malaysia and Qatar, respectively

Subsequently, the Secretary-General received, from the Government of Germany, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 13 June 1996: with regard to the reservation made by Botswana upon ratification

- 4 September 1996: with regard to the reservations made by Singapore upon accession

- 12 February 1997: with regard to the reservations made by Brunei Darussalam and Saudi Arabia upon accession

- 28 January 1998: with regard to the reservations made by Oman upon accession


Ireland [up]

With regard to the reservations made by Bangladesh, Djibouti, Indonesia, Jordan, Kuwait and Tunisia upon ratification, by Myanmar and Thailand upon accession, by Pakistan upon signature and confirmed upon ratification, and by Turkey upon signature

The Government of Ireland consider that such reservations, which seek to limit the responsibilities of the reserving State under the Convention, by invoking general principles of national law, may create doubts as to the commitment of those States to the object and purpose of the Convention.

This objection shall not constitute an obstacle to the entry into force of the Convention between Ireland and the aforementioned States.

5 September 1995

With regard to the reservation made by Iran (Islamic Republic of) upon ratification

The reservation poses difficulties for the States Parties to the Convention in identifying the provisions of the Convention which the Islamic Government of Iran does not intend to apply and consequently makes it difficult for States Parties to the Convention to determine the extent of their treaty relations with the reserving State

The Government of Ireland hereby formally makes objection to the reservation by the Islamic Republic of Iran.

26 June 1996

With regard to the reservation made by Malaysia upon accession

Ireland considers that this reservation is incompatible with the object and purpose of the Convention and is therefore prohibited by article 51 (2) of the Convention. The Government of Ireland also considers that it contributes to undermining the basis of international treaty law. The Government of Ireland therefore objects to the said reservation

13 March 1997

With regard to the reservation made by Saudi Arabia upon accession

[Same objection, mutatis mutandis, as the one made with regard to Malaysia


Italy [up]

18 July 1994

With regard to the reservations made by the Syrian Arab Republic upon ratification

... This reservation is too comprehensive and too general as to be compatible with the object and purpose of the Convention. The Government of Italy therefore objects to the reservation made by the Syrian Arab Republic

This objection shall not preclude the entry into force of the Convention as between the Syrian Arab Republic and Italy.

14 June 1996

With regard to the reservations made by Qatar upon ratification

The Government of the Italian Republic considers that such a reservation, which seeks to limit the responsibilities of Qatar under the Convention by invoking general principles of national law, may raise doubts as to the commitment of Qatar to the object and purpose of the Convention and, moreover, contributes to undermining the basis of international treaty law. It is common interest of States that treaties to which they have chosen to become Parties should be respected, as to the objects and the purpose, by all Parties. The Government of the Italian Republic therefore objects to this reservation. This objection does not constitute an obstacle to the entry into force of the Convention between the Government of the Italian Republic and the State of Qatar.

Subsequently, the Secretary-General received, from the Government of Italy, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 14 June 1996: with regard to the reservation made by Botswana upon ratification

- 4 October 1996: with regard to the reservation made by Singapore upon accession

- 23 December 1996: with regard to the reservation made by Brunei Darussalam upon accession

- 2 April 1998: with regard to the reservation to articles 14, 17 and 21 made by the United Arab Emirates upon accession


Netherlands [up]

With regard to the reservations made by Djibouti, Indonesia, Iran (Islamic Republic of), Pakistan and the Syrian Arab Republic upon ratification

The Government of the Kingdom of the Netherlands considers that such reservations, which seek to limit the responsibilities of the reserving State under the Convention by invoking general principles of national law, may raise doubts as to the commitment of these States to the object and purpose of the Convention and moreover, contribute to undermining the basis of international treaty law. It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties. the Government of the Kingdom of the Netherlands therefore objects to these reservations

This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the aformentioned States.

Subsequently, the Secretary-General received, from the Government of the Netherlands, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 11 June 1996: with regard to the reservation made by Qatar upon ratification

- 14 June 1996: with regard to the reservation made by Botswana upon accession and Turkey upon ratification

- 25 June 1996: with regard to the reservation made by Malaysia upon accession

- 6 November 1996: with regard to the reservations made by Singapore upon accession

- 3 March 1997: with regard to the reservations made by Liechtenstein upon ratification and Brunei Darussalam, Kiribati and Saudi Arabia upon accession

- 6 March 1997: with regard to the declaration made by Andorra upon ratification

- 10 February 1998: with regard to the reservations made by Oman upon accession

- 6 April 1998: with regard to the reservation made to article 14 by the United Arab Emirates upon accession. Moreover, the Government of the Netherlands made the following declaration with regard to the reservation made by the Government of the United Arab Emirates with respect to article 7: "The Government of the Kingdom of the Netherlans assumes that the United Arab Emirates shall ensure the implementation of the rights mentioned in article 7, first paragraph, of [the Convention] not only in accordance with its national law but also with its obligations under the relevant international instrument in this field.


Norway [up]

30 December 1991

With regard to the declaration made by Djibouti upon ratification

A reservation by which a State party limits its responsibilities under the Convention by invoking general principles of national law may create doubts about the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Norway, therefore, objects to this reservation

This objection shall not constitute an obstacle to the entry into force of the Convention between Norway and the Republic of Djibouti.

Subsequently, the Secretary-General received, from the Government of Norway, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 30 December 1991: with regard to the reservation made by Indonesia upon ratification concerning articles 1, 14, 16, 17, 21, 22 and 29 and with regard to the reservation made by Pakistan upon signature and confirmed upon ratification

- 25 October 1994: with regard to the reservation made by the Syrian Arab Republic upon ratification

- 5 September 1995: with regard to the reservation made by Iran (Islamic Republic of) upon ratification

14 June 1996

With regard to the declaration made by Qatar upon ratification

The Government of Norway considers that the reservation made by the State of Qatar, due to its unlimited scope and undefined character, is inadmissible under international law. For that reason, the Government of Norway objects to the reservation made by the State of Qatar

The Government of Norway does not consider this objection to preclude the entry into force of the Convention between the Kingdom of Norway and the State of Qatar.

27 June 1996

With regard to the reservation made by Malaysia upon ratification

The Government of Noway considers that the reservation made by the Government of Malaysia, due to its very broad scope and undefined character, is incompatible with the object and purpose of the Convention, and thus not permitted under article 51, paragraph 2, of the Convention. Moreover, the Government of Norway considers that the monitoring system established under the Convention is not optional and that, accordingly, reservations with respect to articles 44 and 45 of the Convention are not permissible. For these reasons, the Government of Norway objects to the reservation made by the Government of Malaysia

The Government of Norway does not consider this objection to preclude the entry into force of the Convention between the Kingdom of Norway and Malaysia.

29 November 1996

With regard to the reservation and declaration made by Singapore upon accession

The Government of Norway considers that reservation (3) made by the Republic of Singapore, due to its unlimited scope and undefined character, is contrary to the object and purpose of the Convention, and thus impermissible under article 51, paragraph 2, of the Convention

Furthermore, the Government of Norway considers that declaration (2) made by the Republic of Singapore, in so far as it purports to exclude or to modify the legal effect of articles 19 and 37 of the Convention, also constitutes a reservation impermissible under the Convention, due to the fundamental nature of the rights concerned and the unspecified reference to domestic law

For these reasons, the Government of Norway objects to the said reservations made by the Government of Singapore

The Government of Norway does not consider this objection to preclude the entry into force of the Convention between the Kingdom of Norway and the Republic of Singapore.

4 March 1997

With regard to the reservation made by Brunei Darussalam upon accession

[Same objection, mutatis mutandis, as the one made with regard to Qatar

13 March 1997

With regard to the reservation made by Saudi Arabia upon accession

[Same objection, mutatis mutandis, as the one made with regard to Malaysia

9 February 1998

With regard to the reservations made by Oman upon accession

[Same objection, mutatis mutandis, as the one made with regard to Singapore


Portugal [up]

15 July 1992

With regard to the reservations made by Myanmar upon accession, by Bangladesh, Djibouti, Indonesia, Kuwait and Pakistan upon ratification and by Turkey upon signature

The Government of Portugal considers that reservations by which a State limits its responsibilities under the Convention by invoking general principles of National Law may create doubts on the commitments of the reserving State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of International Law. It is in the common interest of States that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Portugal therefore objects to the reservations

This objection shall not constitute an obstacle to the entry into force of the Convention between Portugal and Myanmar

The Government of Portugal furthermore notes that, as a matter of principle, the same objection could be made to the reservations presented by Bangladesh, Djibouti, Indonesia, Kuwait, Pakistan and Turkey.

Subsequently, the Secretary-General received, from the Government of the Portugal, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 13 December 1994: with regard to the reservation made by Islamic Republic of Iran upon ratification

- 4 December 1995: with regard to the reservation made by Malaysia upon accession

- 11 January 1996: with regard to the reservation made by Qatar upon ratification

- 30 January 1997: with regard to reservations made by Brunei Darussalam, Kiribati and Saudi Arabia upon accession


Slovakia [up]

9 August 1993

With regard to the reservation made by Qatar upon signature

The Slovak Republic regards the general reservation made by the State of Qatar upon signature of the Convention as incompatible with the object and purpose of the said Convention as well as in contradiction with the well established principle of the Law of Treaties according to which a State cannot invoke the provisions of its internal law as justification for its failure to perform a treaty. Therefore, the Slovak Republic objects to the said general reservation.


Sweden [up]

20 September 1991

With regard to the reservation made by Indonesia upon ratification concerning articles 1, 14, 16, 17, 21, 22 and 29

A reservation by which a State party limits its responsibilities under the Convention by invoking general principles of national law may cast doubts on the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Sweden therefore objects to the reservations

This objection does not constitute an obstacle to the entry into force of the Convention between Sweden and the Republic of Indonesia.

Subsequently, the Secretary-General received, from the Government of Sweden, objections of the same nature as the one above with regard to reservations made by the following States on the dates indicated hereinafter

- 20 September 1991: with regard to the first reservation made by Pakistan upon ratification

- 26 August 1992: with regard to the reservations made by Jordan upon ratification concerning articles 14, 20 and 21

- 29 March 1994: with regard to the reservations made by the Syrian Arab Republic upon ratification

- 1 September 1995: with regard to the reservation made by Iran (Islamic Republic of) upon ratification

- 26 June 1996: with regard to the reservations made by Malaysia upon accession

- 18 March 1997: with regard to the reservation made by Saudi Arabia upon accession

- 9 February 1998: with regard to the reservation made by Oman upon accession


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