UNTC

Objections

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


Poland Poland 22 November 2005 With regard to reservations made by Mauritania upon ratification: "The Government of the Republic of Poland has examined the Declaration made by Mauritania upon accession to the International Covenant on Civil and Political Rights, done in New York on 16 December 1966, hereinafter called the Covenant, in respect of Articles 18 and 23 (4). The Government of the Republic of Poland considers that the Declaration made Mauritania - which constitutes de facto a reservation - is incompatible with the object and purpose of the Covenant which guarantees every person equal enjoyment of the rights set forth in the Covenant. The Government of the Republic of Poland therefore considers that, according to the customary international law as codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969, a reservation incompatible with the object and purpose of a treaty shall not be permitted (Article 19 c). Furthermore, the Government of the Republic of Poland considers that the Declaration made by Mauritania is not precise enough to define for the other State Parties the extent to which Mauritania has accepted the obligation of the Covenant. The Government of the Republic of Poland therefore objects to Declaration made by Mauritania. This objection does not preclude the entry into force of the Covenant between the Republic of Poland and Mauritania." 20 June 2011 With regard to the reservations made by Pakistan upon ratification: “The Government of the Republic of Poland has examined the reservations made by the Islamic Republic of Pakistan upon accession to the International Covenant on Civil and Political Rights, opened for signature at New York on 19 December 1966, with regard to Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the Covenant. In the view of the Government of the Republic of Poland, if put into practice, the reservations made by the Islamic Republic of Pakistan, especially when taking into account their unspecified extent and the vast area of rights they affect, will considerably limit the ability to benefit from the rights guaranteed by the Covenant. Consequently, the Government of the Republic of Poland considers these reservations as incompatible with the object and purpose of the Covenant, which is to guarantee equal rights to everyone without any discrimination. In consequence, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, which is a treaty and customary norm, these reservations shall not be permitted. In order to justify its will to exclude the legal consequences of certain provisions of the Covenant, the Islamic Republic of Pakistan raised in its reservations the inconsistency of these provisions with its domestic legislation. The Government of the Republic of Poland recalls that, according to Article 27 of the Vienna Convention on the Law of Treaties, the State Party to an international agreement may not invoke the provisions of its internal law as justification for its failure to perform a treaty. On the contrary, it should be deemed a rule that a State Party adjusts its internal law to the treaty which it decides to be bound by. On these grounds, the reservations made by the Islamic Republic of Pakistan with regard to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the Covenant shall not be permitted. The Islamic Republic of Pakistan refers in its reservations to the Sharia laws and to its domestic legislation as possibly affecting the application of the Covenant. Nonetheless it does not specify the exact content of these laws and legislation. As a result, it is impossible to clearly define the extent to which the reserving State has accepted the obligations of the Covenant. Thus, the reservations made by the Islamic Republic of Pakistan with regard to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the Covenant shall not be permitted. Furthermore, the Government of the Republic of Poland considers that reservations aimed at limitation or exclusion of the application of treaty norms stipulating non-derogable rights are in opposition with the purpose of this treaty. On these grounds, the reservations made with regard to Articles 6 and 7 of the Covenant are impermissible. The Government of the Republic of Poland objects also to the reservation made by the Islamic Republic of Pakistan with regard to Article 40 of the Covenant considering it as impermissible as it undermines the basis of the United Nations mechanism of monitoring of the respect of human rights. The Government of the Republic of Poland considers the reporting obligations of States Parties to the Covenant to be of utmost importance for the effectiveness of the UN system of the protection of human rights and as such – not of optional nature. Therefore, the Government of the Republic of Poland objects to the reservations made by the Islamic Republic of Pakistan upon accession to the International Covenant on Civil and PoliticalRights opened for signature at New York on 19 December 1966, with regard to Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the Covenant. This objection does not preclude the entry into force of the Covenant between the Republic of Poland and the Islamic Republic of Pakistan." 22 March 2019 With regard to the reservations and statements made by Qatar upon accession: “The Government of the Republic of Poland has reviewed the reservations made by the State of Qatar along with the ratification document to the International Covenant on Civil and Political Rights, done in New York on December 16, 1966, with regard to Article 3 and Article 23(4), as well as the statements which the State of Qatar made with regard to Article 7, Article 18(2), Article 22, Article 23(2) and Article 27 of the Covenant. The Government of the Republic of Poland is of the view that the application of the reservations and statements made by the State of Qatar will introduce too wide restrictions in the implementation of the provisions of the Covenant as regards the essential spheres of social life (among others equality between women and men in the exercise of their civil and political rights, freedom to marry, rights of a woman of marriageable age to marry, prohibition of inhuman or degrading punishment, freedom of religion and the right to form and to join trade unions). Accordingly, the Government of the Republic of Poland considers these reservations and statements to be inconsistent with the object and purpose of the Covenant, which aims to create conditions that guarantee any person enjoyment of civil and political rights, and as such, to be unacceptable under Article 19(c) of the Vienna Convention on the Law of Treaties. In its reservations, the State of Qatar has referred to the incompatibility of the provisions of the Covenant with its internal law (the Constitution) and Islamic law as justification for its intention to exclude the legal effects of certain provisions of the Covenant. The Government of the Republic of Poland notes that pursuant to Article 27 of the Vienna Convention on the Law of Treaties, a State Party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform a treaty. Conversely, the domestic law should, as a rule be brought into line with the provisions of a treaty by which given state is bound. In addition, while referring in its statements to Islamic law, national labor law and national legislation, as well as to the rights and fundamental freedoms of others, the State of Qatar does not indicate the specific content thereof that may apply to the implementation of the Covenant, which renders it impossible to determine the exact scope of application of the provisions of the Covenant in relation to the State of Qatar. In view of the above, the Government of the Republic of Poland objects to the reservations of the State of Qatar with regard to Article 3 and Article 23(4), as well as to the statements of this State with regard to Article 7, Article 18(2), Article 22, Article 23(2) and Article 27 of the Covenant on Civil and Political Rights, done in New York on 16 December 1966. This objection does not hinder entrance into force of the Covenant in the relations between the Republic of Poland and the State of Qatar.”

Poland

22 November 2005

With regard to reservations made by Mauritania upon ratification:

"The Government of the Republic of Poland has examined the Declaration made by Mauritania upon accession to the International Covenant on Civil and Political Rights, done in New York on 16 December 1966, hereinafter called the Covenant, in respect of Articles 18 and 23 (4).

The Government of the Republic of Poland considers that the Declaration made Mauritania - which constitutes de facto a reservation - is incompatible with the object and purpose of the Covenant which guarantees every person equal enjoyment of the rights set forth in the Covenant.

The Government of the Republic of Poland therefore considers that, according to the customary international law as codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969, a reservation incompatible with the object and purpose of a treaty shall not be permitted (Article 19 c).

Furthermore, the Government of the Republic of Poland considers that the Declaration made by Mauritania is not precise enough to define for the other State Parties the extent to which Mauritania has accepted the obligation of the Covenant.

The Government of the Republic of Poland therefore objects to Declaration made by Mauritania.

This objection does not preclude the entry into force of the Covenant between the Republic of Poland and Mauritania."

20 June 2011

With regard to the reservations made by Pakistan upon ratification:

“The Government of the Republic of Poland has examined the reservations made by the Islamic Republic of Pakistan upon accession to the International Covenant on Civil and Political Rights, opened for signature at New York on 19 December 1966, with regard to Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the Covenant.

In the view of the Government of the Republic of Poland, if put into practice, the reservations made by the Islamic Republic of Pakistan, especially when taking into account their unspecified extent and the vast area of rights they affect, will considerably limit the ability to benefit from the rights guaranteed by the Covenant.

Consequently, the Government of the Republic of Poland considers these reservations as incompatible with the object and purpose of the Covenant, which is to guarantee equal rights to everyone without any discrimination. In consequence, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, which is a treaty and customary norm, these reservations shall not be permitted.

In order to justify its will to exclude the legal consequences of certain provisions of the Covenant, the Islamic Republic of Pakistan raised in its reservations the inconsistency of these provisions with its domestic legislation. The Government of the Republic of Poland recalls that, according to Article 27 of the Vienna Convention on the Law of Treaties, the State Party to an international agreement may not invoke the provisions of its internal law as justification for its failure to perform a treaty. On the contrary, it should be deemed a rule that a State Party adjusts its internal law to the treaty which it decides to be bound by. On these grounds, the reservations made by the Islamic Republic of Pakistan with regard to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the Covenant shall not be permitted.

The Islamic Republic of Pakistan refers in its reservations to the Sharia laws and to its domestic legislation as possibly affecting the application of the Covenant. Nonetheless it does not specify the exact content of these laws and legislation. As a result, it is impossible to clearly define the extent to which the reserving State has accepted the obligations of the Covenant. Thus, the reservations made by the Islamic Republic of Pakistan with regard to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the Covenant shall not be permitted.

Furthermore, the Government of the Republic of Poland considers that reservations aimed at limitation or exclusion of the application of treaty norms stipulating non-derogable rights are in opposition with the purpose of this treaty. On these grounds, the reservations made with regard to Articles 6 and 7 of the Covenant are impermissible.

The Government of the Republic of Poland objects also to the reservation made by the Islamic Republic of Pakistan with regard to Article 40 of the Covenant considering it as impermissible as it undermines the basis of the United Nations mechanism of monitoring of the respect of human rights. The Government of the Republic of Poland considers the reporting obligations of States Parties to the Covenant to be of utmost importance for the effectiveness of the UN system of the protection of human rights and as such – not of optional nature.

Therefore, the Government of the Republic of Poland objects to the reservations made by the Islamic Republic of Pakistan upon accession to the International Covenant on Civil and PoliticalRights opened for signature at New York on 19 December 1966, with regard to Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the Covenant.

This objection does not preclude the entry into force of the Covenant between the Republic of Poland and the Islamic Republic of Pakistan."

22 March 2019

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

“The Government of the Republic of Poland has reviewed the reservations made by the State of Qatar along with the ratification document to the International Covenant on Civil and Political Rights, done in New York on December 16, 1966, with regard to Article 3 and Article 23(4), as well as the statements which the State of Qatar made with regard to Article 7, Article 18(2), Article 22, Article 23(2) and Article 27 of the Covenant.

The Government of the Republic of Poland is of the view that the application of the reservations and statements made by the State of Qatar will introduce too wide restrictions in the implementation of the provisions of the Covenant as regards the essential spheres of social life (among others equality between women and men in the exercise of their civil and political rights, freedom to marry, rights of a woman of marriageable age to marry, prohibition of inhuman or degrading punishment, freedom of religion and the right to form and to join trade unions).

Accordingly, the Government of the Republic of Poland considers these reservations and statements to be inconsistent with the object and purpose of the Covenant, which aims to create conditions that guarantee any person enjoyment of civil and political rights, and as such, to be unacceptable under Article 19(c) of the Vienna Convention on the Law of Treaties.

In its reservations, the State of Qatar has referred to the incompatibility of the provisions of the Covenant with its internal law (the Constitution) and Islamic law as justification for its intention to exclude the legal effects of certain provisions of the Covenant.

The Government of the Republic of Poland notes that pursuant to Article 27 of the Vienna Convention on the Law of Treaties, a State Party to a treaty may not invoke the provisions of its internal law as justification for its failure to perform a treaty. Conversely, the domestic law should, as a rule be brought into line with the provisions of a treaty by which given state is bound.

In addition, while referring in its statements to Islamic law, national labor law and national legislation, as well as to the rights and fundamental freedoms of others, the State of Qatar does not indicate the specific content thereof that may apply to the implementation of the Covenant, which renders it impossible to determine the exact scope of application of the provisions of the Covenant in relation to the State of Qatar.

In view of the above, the Government of the Republic of Poland objects to the reservations of the State of Qatar with regard to Article 3 and Article 23(4), as well as to the statements of this State with regard to Article 7, Article 18(2), Article 22, Article 23(2) and Article 27 of the Covenant on Civil and Political Rights, done in New York on 16 December 1966.

This objection does not hinder entrance into force of the Covenant in the relations between the Republic of Poland and the State of Qatar.”

Declarations recognizing the competence of the Human Rights Committee under article 41 ⁴⁶

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

Poland

25 September 1990

"The Republic of Poland recognizes, in accordance with article 41, paragraph 1, of the International Covenant on Civil and Political Rights, the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant."

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.)

Poland

1 February 1982

"In connection with the proclamation of martial law by the Council of State of the Polish People's Republic, as based on article 33, paragraph 2, of Poland's Constitution, there has been temporary derogation from or limitation of application of provisions of articles 9, 12 (paragraphs1 and 2), 14 (paragraph 5), 19 (paragraphs 2, 21 and 22) of the Covenant, to the extent strictly required by the exigencies of the situation ...

Temporary limitation of certain rights of citizens has been prompted by the supreme national interest. It was caused by the exigencies of averting a civil war, economic anarchy as well as destabilization of state and social structures ...

The restrictive measures in question are of a temporary nature. They have already been considerably cut back and along with the stabilizing of the situation, will be successively terminated."

22 December 1982

Basing on the law by the Diet (Seym) of the Polish People's Republic of 18 December 1982 concerning special legal regulation in the time of suspension of martial law, derogation from Covenant's articles 9, 12 paragraphs 1 and 2, articles 21 and 22, has been terminated as of 31 December 1982.

By terms of the same law as well as a result of earlier successive measures, restrictions in the application of Covenant provisions which are still derogated from, namely article 14 paragraph 5 and article 19 paragraph 2, have also been considerably reduced.

For instance, with reference to Covenant's article 14 paragraph 5, emergency procedures have been lifted in relation to crimes and offences committed in social conflicts out of political motivations, they have only been retained with regard to crimes most dangerous to State's basic economic interests as well as to life, health and property of its citizens.

25 July 1983

Termination as from 22 July 1983 of derogations.