UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)

Canada ¹¹

Canada11

Objections

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


Canada Canada 25 October 1994 With regard to the reservations made by Maldives upon accession: "In the view of the Government of Canada, this reservation is incompatible with the object and purpose of the Convention (article 28, paragraph 2). The Government of Canada therefore enters its formal objection to this reservation. This objection shall not preclude the entry into force of the Convention as between Canada and the Republic of Maldives." 14 June 2007 With regard to the reservations made by Brunei Darussalam upon accession: "Canada has carefully examined the reservation formulated by Brunei Darussalam when it acceded, on 24 May 2006, to the Convention on the Elimination of Al Forms of Discrimination against Women, adopted in New York on 18 December 1979. Canada notes that the reservation formulated with respect to article 9, paragraph 2, concerns a fundamental provision of the Convention and is therefore incompatible with the object and purpose of that instrument. In addition, the reservation makes the implementation of the Convention's provisions contingent upon their compatibility with the Constitution of Brunei Darussalam and the beliefs and principles of Islam, the official religion of Brunei Darussalam. The Government of Canada notes that such general reservation of unlimited scope and undefined character does not clearly define for the other States Parties to the Convention the extent to which Brunei Darussalam has accepted the obligations of the Convention and creates serious doubts as to the commitment of the State to fulfil its obligations under the Convention. Accordingly, the Government of Canada considers this reservation to be incompatible with the object and purpose of the Convention. It is in the common interest of States that treaties to which they have chosen to become party are respected, as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. Canada recalls that, under article 28, paragraph 2, of the Convention, reservations incompatible with the object and purpose of the Convention are not permitted. Under customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty is not permitted. In consequence, Canada objects to the reservation formulated by Brunei Darussalam with respect to the Convention on the Elimination of All Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention between Canada and Brunei Darussalam. The Convention shall enter into force in its entirety, without Brunei Darussalam benefiting from its reservation." 25 July 2017 With regard to the modification of reservations by Bahrain upon accession: “The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Secretary-General's note C.N.578.2016.TREATIES-IV.8 (Depositary Notification), dated August 5, 2016, which communicated that the Secretary-General has received from the Kingdom of Bahrain a modification of reservations made upon accession with respect to the Convention on the Elimination of All Forms of Discrimination against Women. The Permanent Mission of Canada to the United Nations hereby informs that the Government of Canada notes that the Kingdom of Bahrain continues to make reservations to articles 2, 9 (paragraph 2), 15 (paragraph 4), 16 and 29 (paragraph 1) of the Convention on the Elimination of All Forms of Discrimination against Women. The Government of Canada has given careful consideration to the Kingdom of Bahrain's reservations to Articles 2 and 16, which subordinate the provisions of the Convention to Islamic Shariah. The Government of Canada notes that these reservations consist of a general reference to religious and national law, without specifying the content or scope of these restrictions. The Government of Canada notes that these reservations do not clearly define to other Parties to the Convention the extent to which the Kingdom of Bahrain commits itself to the Convention. As such, the Government of Canada considers that these reservations constitute a reservation of general scope that may cast doubts on the full commitment of the Kingdom of Bahrain to fulfil its obligations under the Convention. The Government of Canada considers Articles 2 and 16 to be core provisions of the Convention. As such, reservations to those articles, whether lodged for national, traditional, religious or cultural reasons, are incompatible with the object and purpose of the Convention and therefore impermissible. The reservations to articles 9 (paragraph 2) and 15 (paragraph 4) exclude the obligations under those provisions to eliminate discrimination against women on the basis of sex. They are therefore contrary to the object and purpose of the Convention and, pursuant to article 28 (paragraph 2), not permitted. The Government of Canada recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination against women in all its forms and manifestations. For these reasons, the Government of Canada objects to the reservations made by the Kingdom of Bahrain to articles 2, 9 (paragraph 2), 15 (paragraph 4), and 16 of the Convention on the Elimination of All Forms of Discrimination against Women. This objection does not preclude the entry into force of the Convention between the Kingdom of Bahrain and Canada.”

Canada

25 October 1994

With regard to the reservations made by Maldives upon accession:

"In the view of the Government of Canada, this reservation is incompatible with the object and purpose of the Convention (article 28, paragraph 2). The Government of Canada therefore enters its formal objection to this reservation. This objection shall not preclude the entry into force of the Convention as between Canada and the Republic of Maldives."

14 June 2007

With regard to the reservations made by Brunei Darussalam upon accession:

"Canada has carefully examined the reservation formulated by Brunei Darussalam when it acceded, on 24 May 2006, to the Convention on the Elimination of Al Forms of Discrimination against Women, adopted in New York on 18 December 1979.

Canada notes that the reservation formulated with respect to article 9, paragraph 2, concerns a fundamental provision of the Convention and is therefore incompatible with the object and purpose of that instrument.

In addition, the reservation makes the implementation of the Convention's provisions contingent upon their compatibility with the Constitution of Brunei Darussalam and the beliefs and principles of Islam, the official religion of Brunei Darussalam. The Government of Canada notes that such general reservation of unlimited scope and undefined character does not clearly define for the other States Parties to the Convention the extent to which Brunei Darussalam has accepted the obligations of the Convention and creates serious doubts as to the commitment of the State to fulfil its obligations under the Convention. Accordingly, the Government of Canada considers this reservation to be incompatible with the object and purpose of the Convention.

It is in the common interest of States that treaties to which they have chosen to become party are respected, as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

Canada recalls that, under article 28, paragraph 2, of the Convention, reservations incompatible with the object and purpose of the Convention are not permitted.

Under customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty is not permitted.

In consequence, Canada objects to the reservation formulated by Brunei Darussalam with respect to the Convention on the Elimination of All Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention between Canada and Brunei Darussalam. The Convention shall enter into force in its entirety, without Brunei Darussalam benefiting from its reservation."

25 July 2017

With regard to the modification of reservations by Bahrain upon accession:

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Secretary-General's note C.N.578.2016.TREATIES-IV.8 (Depositary Notification), dated August 5, 2016, which communicated that the Secretary-General has received from the Kingdom of Bahrain a modification of reservations made upon accession with respect to the Convention on the Elimination of All Forms of Discrimination against Women.

The Permanent Mission of Canada to the United Nations hereby informs that the

Government of Canada notes that the Kingdom of Bahrain continues to make reservations to articles 2, 9 (paragraph 2), 15 (paragraph 4), 16 and 29 (paragraph 1) of the Convention on the Elimination of All Forms of Discrimination against Women.

The Government of Canada has given careful consideration to the Kingdom of Bahrain's reservations to Articles 2 and 16, which subordinate the provisions of the Convention to Islamic Shariah. The Government of Canada notes that these reservations consist of a general reference to religious and national law, without specifying the content or scope of these restrictions. The Government of Canada notes that these reservations do not clearly define to other Parties to the Convention the extent to which the Kingdom of Bahrain commits itself to the Convention. As such, the Government of Canada considers that these reservations constitute a reservation of general scope that may cast doubts on the full commitment of the Kingdom of Bahrain to fulfil its obligations under the Convention.

The Government of Canada considers Articles 2 and 16 to be core provisions of the Convention. As such, reservations to those articles, whether lodged for national, traditional, religious or cultural reasons, are incompatible with the object and purpose of the Convention and therefore impermissible.

The reservations to articles 9 (paragraph 2) and 15 (paragraph 4) exclude the obligations under those provisions to eliminate discrimination against women on the basis of sex. They are therefore contrary to the object and purpose of the Convention and, pursuant to article 28 (paragraph 2), not permitted.

The Government of Canada recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination against women in all its forms and manifestations.

For these reasons, the Government of Canada objects to the reservations made by the Kingdom of Bahrain to articles 2, 9 (paragraph 2), 15 (paragraph 4), and 16 of the Convention on the Elimination of All Forms of Discrimination against Women. This objection does not preclude the entry into force of the Convention between the Kingdom of Bahrain and Canada.”