UNTC

Declarations and Reservations

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

France

Declaration:

France interprets article 1 of the Protocol as giving the Committee the competence to receive and consider communications from individuals subject to the jurisdiction of the French Republic who claim to be victims of a violation by the Republic of any of the rights set forth in the Covenant which results either from acts, omissions, developments or events occurring after the date on which the Protocol entered into force for the Republic, or from a decision relating to acts, omissions, developments or events after that date. With regard to article 7, France's accession to the Optional Protocol should not be interpreted as implying any change in its position concerning the resolution referred to in that article.

Reservation:

France makes a reservation to article 5, paragraph 2(a), specifying that the Human Rights Committee shall not have competence to consider a communication from an individual if the same matter is being examined or has already been considered under another procedure of international investigation or settlement.

Objections

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


France France 28 January 2000 With regard to the reservation made by Guyana upon accession: ... While article 12, paragraph 1, of the Protocol provides that any State Party may denounce the Protocol ‘at any time’, with the denunciation taking effect ‘three months after the date of receipt of the notification by the Secretary-General’, denunciation of the Protocol may not in any case be used by a State Party for the purpose of formulating reservations to the Covenant well after the party has signed, ratified or acceded thereto. Such a practice would call into question international commitments by a sort of abuse of process; it would be a clear violation of the principle of good faith that prevails in international law and would be incompatible with the rule of pacta sunt servanda. The means used (denunciation and accession on the same day to the same instrument but with a reservation) cannot but elicit a negative reaction. Consequently, the Government of the French Republic expresses its objection to the reservation made by Guyana.

France

28 January 2000

With regard to the reservation made by Guyana upon accession:

... While article 12, paragraph 1, of the Protocol provides that any State Party may denounce the Protocol ‘at any time’, with the denunciation taking effect ‘three months after the date of receipt of the notification by the Secretary-General’, denunciation of the Protocol may not in any case be used by a State Party for the purpose of formulating reservations to the Covenant well after the party has signed, ratified or acceded thereto. Such a practice would call into question international commitments by a sort of abuse of process; it would be a clear violation of the principle of good faith that prevails in international law and would be incompatible with the rule of pacta sunt servanda. The means used (denunciation and accession on the same day to the same instrument but with a reservation) cannot but elicit a negative reaction.

Consequently, the Government of the French Republic expresses its objection to the reservation made by Guyana.