UNTC

Objections

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


Greece Greece 11 October 2004 With regard to the declarations made by Turkey upon ratification: "The Government of Greece has examined the declarations made by the Republic of Turkey upon ratifying the International Covenant on Civil and Political Rights. The Republic of Turkey declares that it will implement the provisions of the Covenant only to the States with which it has diplomatic relations. In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties, which concern the endowment of individuals with rights. It is therefore contrary to the object and purpose of the Covenant. The Republic of Turkey furthermore declares that the Covenant is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied. In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is contrary to the letter and the spirit of article 2 (i) of the Covenant. Indeed, a State Party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of such State Party. Accordingly, this reservation is contrary to the object and purpose of the Covenant. For these reasons, the Government of Greece objects to the aforesaid reservations made by the Republic of Turkey to the International Covenant on Civil and Political Rights. This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the Republic of Turkey. The Covenant, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations." 24 October 2005 With regard to the reservations made by Mauritania upon accession: "The Government of the Hellenic Republic have examined the reservations made by the Government of the Islamic Republic of Mauritania upon accession to the International Covenant on Civil and Political Rights (New York, 16 December 1966) in respect of articles 18 and 23 paragraph 4 thereof. The Government of the Hellenic Republic consider that these declarations, seeking to limit the scope of the aformentioned provisions on a unilateral basis, amount in fact to reservations. The Government of the Hellenic Republic furthermore consider that, although these reservations refer to specific provisions of the Covenant, they are of a general character, as they do not clearly define the extent to which the reserving State has accepted the obligations deriving from the Covenant. For these reasons, the Government of the Hellenic Republic object to the abovementioned reservations made by the Government of the Islamic Republic of Mauritania. This objection shall not preclude the entry into force of the Covenant between Greece and Mauritania." 22 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of the Hellenic Republic considers that the Articles 3, 6 and 7 of the Covenant are of fundamental importance and that the reservations formulated by the Islamic Republic of Pakistan to those Articles, containing a general reference to the Provisions of the Constitution of Pakistan and the Sharia laws without specifying the extent of the derogation there from, are incompatible with the object and purpose of the Covenant. Furthermore, the Government of the Hellenic Republic considers that the reservation formulated with respect to Article 40 of the Covenant, is incompatible with the object and purpose of the Covenant, which seeks, inter alia, to establish an effective monitoring mechanism for the obligations undertaken by the States Parties. For this reason the Government of the Hellenic Republic objects to the abovementioned reservations formulated by the Islamic Republic of Pakistan. This objection shall not preclude the entry into force of the Covenant between Greece and the Islamic Republic of Pakistan.” 21 May 2019 With regard to the reservations and statements made by Qatar upon accession: “The Government of the Hellenic Republic has examined the reservations and the statements made by the State of Qatar upon accession to the International Covenant on Civil and Political Rights of 16 December 1966 (hereinafter ‘the Covenant’). In the above reservations, the State of Qatar declares that it does not consider itself bound by the provisions of Articles 3 and 23.4 of the Covenant, for they contravene, respectively, the provisions of Article 8 of the [Constitution] of Qatar and the Islamic Sharia. Moreover, in the statements made upon accession to the Covenant, the State of Qatar inter alia declares that it shall interpret Articles 7, 18.2, 22 and 23.2 thereof, ‘in accordance with the applicable legislation of Qatar’ and/or ‘in a manner that does not contravene the Islamic Sharia’. However, in the view of the Government of the Hellenic Republic, these statements in fact amount to a reservation as they limit the scope of application of the relevant provisions of the Covenant solely to the extent that they do not contravene the Islamic Sharia and the national legislation of Qatar. The Government of the Hellenic Republic notes that the above reservations are of a general and indeterminate scope, as they purport to subject the application of the aforementioned provisions of the Covenant to the Islamic Sharia and national legislation, without, however, specifying the content thereof, and are, accordingly, contrary to the object and purpose of the Covenant, since they do not clearly define for the other State Parties the extent to which Qatar has accepted the obligations of the Covenant. For the above reasons, the Government of the Hellenic Republic considers the aforesaid reservations of Qatar impermissible as contrary to the object and purpose of the Covenant, according to customary international law, as codified by the Vienna Convention on the Law of the Treaties. The Government of the Hellenic Republic, therefore, objects to the abovementioned reservations by the State of Qatar upon accession to the International Covenant on Civil and Political Rights. This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the State of Qatar.”

Greece

11 October 2004

With regard to the declarations made by Turkey upon ratification:

"The Government of Greece has examined the declarations made by the Republic of Turkey upon ratifying the International Covenant on Civil and Political Rights.

The Republic of Turkey declares that it will implement the provisions of the Covenant only to the States with which it has diplomatic relations.

In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties, which concern the endowment of individuals with rights. It is therefore contrary to the object and purpose of the Covenant.

The Republic of Turkey furthermore declares that the Covenant is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

In the view of the Government of Greece, this declaration in fact amounts to a reservation. This reservation is contrary to the letter and the spirit of article 2 (i) of the Covenant. Indeed, a State Party must respect and ensure the rights laid down in the Covenant to anyone within the power or effective control of that State Party, even if not situated within the territory of such State Party. Accordingly, this reservation is contrary to the object and purpose of the Covenant.

For these reasons, the Government of Greece objects to the aforesaid reservations made by the Republic of Turkey to the International Covenant on Civil and Political Rights.

This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the Republic of Turkey. The Covenant, therefore, enters into force between the two States without the Republic of Turkey benefiting from these reservations."

24 October 2005

With regard to the reservations made by Mauritania upon accession:

"The Government of the Hellenic Republic have examined the reservations made by the Government of the Islamic Republic of Mauritania upon accession to the International Covenant on Civil and Political Rights (New York, 16 December 1966) in respect of articles 18 and 23 paragraph 4 thereof.

The Government of the Hellenic Republic consider that these declarations, seeking to limit the scope of the aformentioned provisions on a unilateral basis, amount in fact to reservations.

The Government of the Hellenic Republic furthermore consider that, although these reservations refer to specific provisions of the Covenant, they are of a general character, as they do not clearly define the extent to which the reserving State has accepted the obligations deriving from the Covenant.

For these reasons, the Government of the Hellenic Republic object to the abovementioned reservations made by the Government of the Islamic Republic of Mauritania.

This objection shall not preclude the entry into force of the Covenant between Greece and Mauritania."

22 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of the Hellenic Republic considers that the Articles 3, 6 and 7 of the Covenant are of fundamental importance and that the reservations formulated by the Islamic Republic of Pakistan to those Articles, containing a general reference to the Provisions of the Constitution of Pakistan and the Sharia laws without specifying the extent of the derogation there from, are incompatible with the object and purpose of the Covenant.

Furthermore, the Government of the Hellenic Republic considers that the reservation formulated with respect to Article 40 of the Covenant, is incompatible with the object and purpose of the Covenant, which seeks, inter alia, to establish an effective monitoring mechanism for the obligations undertaken by the States Parties.

For this reason the Government of the Hellenic Republic objects to the abovementioned reservations formulated by the Islamic Republic of Pakistan.

This objection shall not preclude the entry into force of the Covenant between Greece and the Islamic Republic of Pakistan.”

21 May 2019

With regard to the reservations and statements made by Qatar upon accession:

“The Government of the Hellenic Republic has examined the reservations and the statements made by the State of Qatar upon accession to the International Covenant on Civil and Political Rights of 16 December 1966 (hereinafter ‘the Covenant’).

In the above reservations, the State of Qatar declares that it does not consider itself bound by the provisions of Articles 3 and 23.4 of the Covenant, for they contravene, respectively, the provisions of Article 8 of the [Constitution] of Qatar and the Islamic Sharia.

Moreover, in the statements made upon accession to the Covenant, the State of Qatar inter alia declares that it shall interpret Articles 7, 18.2, 22 and 23.2 thereof, ‘in accordance with the applicable legislation of Qatar’ and/or ‘in a manner that does not contravene the Islamic Sharia’. However, in the view of the Government of the Hellenic Republic, these statements in fact amount to a reservation as they limit the scope of application of the relevant provisions of the Covenant solely to the extent that they do not contravene the Islamic Sharia and the national legislation of Qatar.

The Government of the Hellenic Republic notes that the above reservations are of a general and indeterminate scope, as they purport to subject the application of the aforementioned provisions of the Covenant to the Islamic Sharia and national legislation, without, however, specifying the content thereof, and are, accordingly, contrary to the object and purpose of the Covenant, since they do not clearly define for the other State Parties the extent to which Qatar has accepted the obligations of the Covenant.

For the above reasons, the Government of the Hellenic Republic considers the aforesaid reservations of Qatar impermissible as contrary to the object and purpose of the Covenant, according to customary international law, as codified by the Vienna Convention on the Law of the Treaties.

The Government of the Hellenic Republic, therefore, objects to the abovementioned reservations by the State of Qatar upon accession to the International Covenant on Civil and Political Rights.

This objection shall not preclude the entry into force of the Covenant between the Hellenic Republic and the State of Qatar.”

Notifications under Article 4 (3) of the Covenant (Derogations)

(Taking into account the important number of these declarations, and in order not to increase excessively the number of pages of the present publication, the text of the notifications has in some cases, exceptionally, been abridged. Unless otherwise indicated, when the notification concerns an extension, the said extension affects those articles of the Covenant originally derogated from, and was decided for the same reasons. The date on the right hand, above the notification, is the date of receipt.)