UNTC

Declarations and Reservations

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

Czech Republic ⁷

Czech Republic7

Objections

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


Czech Republic ⁷ Czech Republic7 17 May 2016 With regards to the reservations made by Somalia upon ratification “The Government of the Czech Republic has examined the reservation made by the Government of the Federal Republic of Somalia on October 1, 2015 upon ratification of the United Nations Convention on the Rights of the Child, according to which [t]he Federal Republic of Somalia does not consider itself bound by Articles 14, 20, 21 and any other provisions of the Convention contrary to the General Principles of Islamic Sharia. The Government of the Czech Republic considers the reservation to Articles 14, 20 and 21 to be incompatible with the object and purpose of the Convention, since, in the opinion of the Government of the Czech Republic, these Articles form an essential element of the Convention and the general derogation from them impairs the raison d'être of the Convention. Moreover, the Government of the Czech Republic is of the view, that the reservation to any other provisions of the Convention contrary to the General Principles of Islamic Sharia has a general and indeterminate scope, since it does not sufficiently specify to what extent the Federal Republic of Somalia considers itself bound by the provisions of the Convention. Thus, this general reservation referring to religious laws also raises concern to which extent the Federal Republic of Somalia is committed to the object and purpose of the Convention. The Government of the Czech Republic wishes to recall that, according to article 51 paragraph 2 of the Convention, as well as according to 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 shall not be permitted and that such a reservation is null and void, and therefore devoid of any legal effect. Therefore, the Government of the Czech Republic objects to the aforementioned reservation made by the Federal Republic of Somalia. This objection shall not preclude the entry into force of the Convention between the Czech Republic and the Federal Republic of Somalia. The Convention enters into force in its entirety between the Czech Republic and the Federal Republic of Somalia, without the Federal Republic of Somalia benefiting from its reservation.”

Czech Republic ⁷

Czech Republic7

17 May 2016

With regards to the reservations made by Somalia upon ratification

“The Government of the Czech Republic has examined the reservation made by the Government of the Federal Republic of Somalia on October 1, 2015 upon ratification of the United Nations Convention on the Rights of the Child, according to which [t]he Federal Republic of Somalia does not consider itself bound by Articles 14, 20, 21 and any other provisions of the Convention contrary to the General Principles of Islamic Sharia.

The Government of the Czech Republic considers the reservation to Articles 14, 20 and 21 to be incompatible with the object and purpose of the Convention, since, in the opinion of the Government of the Czech Republic, these Articles form an essential element of the Convention and the general derogation from them impairs the raison d'être of the Convention.

Moreover, the Government of the Czech Republic is of the view, that the reservation to any other provisions of the Convention contrary to the General Principles of Islamic Sharia has a general and indeterminate scope, since it does not sufficiently specify to what extent the Federal Republic of Somalia considers itself bound by the provisions of the Convention. Thus, this general reservation referring to religious laws also raises concern to which extent the Federal Republic of Somalia is committed to the object and purpose of the Convention.

The Government of the Czech Republic wishes to recall that, according to article 51 paragraph 2 of the Convention, as well as according to 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 shall not be permitted and that such a reservation is null and void, and therefore devoid of any legal effect.

Therefore, the Government of the Czech Republic objects to the aforementioned reservation made by the Federal Republic of Somalia. This objection shall not preclude the entry into force of the Convention between the Czech Republic and the Federal Republic of Somalia. The Convention enters into force in its entirety between the Czech Republic and the Federal Republic of Somalia, without the Federal Republic of Somalia benefiting from its reservation.”