UNTC

Declarations and Reservations

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

Poland

30 December 2024

Reservation to Article 25, paragraph 4 made at the time of ratification

“Emphasizing the importance of prior verification of the conditions for adoption, in the best interests of the child, and thus having reservations about a separate procedure for annulment of adoption, while recognizing the possibility of reviewing or dissolving adoption in exceptional cases, the Republic of Poland considers that it is not bound by the provisions of Article 25, paragraph 4 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on 20 December 2006, in respect of the annulment of adoptions of children referred to in its Article 25, paragraph 1, subparagraph (a).”

Objections

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


Poland Poland Objection to the reservation to Article 33 made by the Sultanate of Oman upon accession “With regard to the reservation to Article 33 made by the Sultanate of Oman upon accession: The Government of the Republic Poland has carefully examined the reservation made by the Government of the Sultanate of Oman to Article 33 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on 20 December 2006 (hereinafter “the Convention”). The Government of the Republic Poland notes that the competence of the Committee on Enforced Disappearances (hereinafter “the Committee”) under Article 33 of the Convention is not conditional upon general recognition by a State Party. The Government of the Republic of Poland considers that Committee’s visits provided for in Article 33 of the Convention form an essential part of the implementation of the Convention. A general exclusion of the Committee’s competence in case of suspected serious violation of the provisions of the Convention unduly restricts the Committee’s competence and raises doubts on the commitment of the Sultanate of Oman to the object and purpose of the Convention. The Government of the Republic of Poland thus considers that the above-mentioned reservation is incompatible with the object and purpose of the Convention and is accordingly not permitted under Article 19 (c) of the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969. Therefore, the Government of the Republic of Poland objects to the reservation made by the Government of the Sultanate of Oman to Article 33 of the Convention. This objection shall not preclude the entry into force of the Convention between the Republic of Poland and the Sultanate of Oman. The Convention will thus become effective between the two States without the Sultanate of Oman benefitting from the aforementioned reservation.”.

Poland

Objection to the reservation to Article 33 made by the Sultanate of Oman upon accession

“With regard to the reservation to Article 33 made by the Sultanate of Oman upon accession:

The Government of the Republic Poland has carefully examined the reservation made by the Government of the Sultanate of Oman to Article 33 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on 20 December 2006 (hereinafter “the Convention”).

The Government of the Republic Poland notes that the competence of the Committee on Enforced Disappearances (hereinafter “the Committee”) under Article 33 of the Convention is not

conditional upon general recognition by a State Party. The Government of the Republic of Poland considers that Committee’s visits provided for in Article 33 of the Convention form an essential part of the implementation of the Convention. A general exclusion of the Committee’s competence in case of suspected serious violation of the provisions of the Convention unduly restricts the Committee’s competence and raises doubts on the commitment of the Sultanate of Oman to the object and purpose of the Convention.

The Government of the Republic of Poland thus considers that the above-mentioned reservation is incompatible with the object and purpose of the Convention and is accordingly not permitted under Article 19 (c) of the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969.

Therefore, the Government of the Republic of Poland objects to the reservation made by the Government of the Sultanate of Oman to Article 33 of the Convention. This objection shall not preclude the entry into force of the Convention between the Republic of Poland and the Sultanate of Oman. The Convention will thus become effective between the two States without the Sultanate of Oman benefitting from the aforementioned reservation.”.

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

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

Poland

Declaration under Article 31, paragraph 1

“In accordance with Article 31, paragraph 1 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on 20 December 2006, the Republic of Poland declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications made from or on behalf of persons under its jurisdiction claiming to be victims of a violation by the Republic of Poland of provisions of this Convention.”

Declaration under Article 32

“In accordance with Article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York on 20 December 2006, the Republic of Poland declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party to the Convention claims that the Republic of Poland is not fulfilling its obligations under the Convention.”