UNTC

Objections

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


Netherlands (Kingdom of the) Netherlands (Kingdom of the) 9 June 2021 With regard to the reservation made by Oman upon accession: “The Government of the Kingdom of the Netherlands has carefully examined the reservation made by the Government of the Sultanate of Oman upon accession to the International Convention for the Protection of All Persons from Enforced Disappearance on 12 June 2020, relating to article 33 thereof. The competence of the Committee on Enforced Disappearances under article 33 – as opposed to its competence under articles 31 and 32 – is not conditional upon general recognition by individual State Parties. A visit under article 33 requires prior consultation with the State Party concerned and notification in writing (paragraphs 1-2); moreover, upon a substantiated request by the State Party, the Committee may decide to postpone or cancel its visit (paragraph 3). Therefore, article 33 only refers to visits and the involvement of the State Party concerned on a case-by-case basis. The competence of the Committee under article 33 cannot be excluded as a matter of principle. The Government of the Kingdom of the Netherlands considers a general exclusion of the Committee’s competence under article 33 of the Convention, as conveyed in the reservation of the Sultanate of Oman, an unduly restriction of the Committee’s competence under the Convention. Such reservation unilaterally limits the scope of the Convention, contrary to its object and purpose of preventing enforced disappearances and combatting impunity for the crime of enforced disappearance, and the competence of the Committee under article 33 to verify reliable information on serious violations of the Convention to these ends. The Government of the Kingdom of the Netherlands recalls that, according to customary international law as codified in article 19 (c) of the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a Convention are not permissible. The Government of the Kingdom of the Netherlands therefore objects to the reservation of the Sultanate of Oman relating to article 33 of the International Convention for the Protection of All Persons from Enforced Disappearance. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Sultanate of Oman.”

Netherlands (Kingdom of the)

9 June 2021

With regard to the reservation made by Oman upon accession:

“The Government of the Kingdom of the Netherlands has carefully examined the reservation made by the Government of the Sultanate of Oman upon accession to the International Convention for the Protection of All Persons from Enforced Disappearance on 12 June 2020, relating to article 33 thereof.

The competence of the Committee on Enforced Disappearances under article 33 – as opposed to its competence under articles 31 and 32 – is not conditional upon general recognition by individual State Parties. A visit under article 33 requires prior consultation with the State Party concerned and notification in writing (paragraphs 1-2); moreover, upon a substantiated request by the State Party, the Committee may decide to postpone or cancel its visit (paragraph 3). Therefore, article 33 only refers to visits and the involvement of the State Party concerned on a case-by-case basis. The competence of the Committee under article 33 cannot be excluded as a matter of principle.

The Government of the Kingdom of the Netherlands considers a general exclusion of the Committee’s competence under article 33 of the Convention, as conveyed in the reservation of the Sultanate of Oman, an unduly restriction of the Committee’s competence under the Convention. Such reservation unilaterally limits the scope of the Convention, contrary to its object and purpose of preventing enforced disappearances and combatting impunity for the crime of enforced disappearance, and the competence of the Committee under article 33 to verify reliable information on serious violations of the Convention to these ends.

The Government of the Kingdom of the Netherlands recalls that, according to customary international law as codified in article 19 (c) of the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a Convention are not permissible.

The Government of the Kingdom of the Netherlands therefore objects to the reservation of the Sultanate of Oman relating to article 33 of the International Convention for the Protection of All Persons from Enforced Disappearance. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Sultanate of Oman.”

Declarations recognizing the competence of the Committee under articles 31 and 32

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

Netherlands (Kingdom of the)

Article 32:

“In accordance with Article 32 of the International Convention for the Protection of all Persons from Enforced Disappearance, the Kingdom of the Netherlands, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.”

Article 31:

“In accordance with Article 31 of the International Convention for the Protection of all Persons from Enforced Disappearance, the Kingdom of the Netherlands, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by the Kingdom of the Netherlands of provisions of this Convention.”