Netherlands (Kingdom of the)

22 October 1999

With regard to the reservation made by Guyana upon accession:

       “ ...

       2.  The Government of the Kingdom of the Netherlands is of the view that this reservation, which seeks to limit the obligations of the reserving State towards individuals under sentence of death, raises doubts as to the object and purpose of the Optional Protocol.

       3. The Government of the Netherlands considers that the purpose of the Optional Protocol [to the International Covenant on Civil and Political Rights] is to strengthen the position of the individual under the Covenant.  Denying the benefits of the Optional Protocol in relation to the Covenant to a group of individuals under the most severe sentence is fundamentally in conflict with the object and purpose of the Optional Protocol.

       4.  Also the Government of the Kingdom of the Netherlands considers the procedure followed by Guyana, of denouncing the Optional Protocol followed by a re-accession with reservations, as contrary to the rules of the law of treaties that prohibit the formulation of reservations after ratification.  The procedure followed by Guyana circumvents such well-established rules.

       5. The Government of the Kingdom of the Netherlands therefore objects to the aforementioned reservation made by the Government of Guyana to the Optional Protocol to the International Covenant on Civil and Political Rights.

       6.  This objection shall not preclude the entry into force of the Optional Protocol between the Kingdom of the Netherlands and Guyana".