UNTC

Objections

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


Portugal Portugal 26 October 1990 "The Government of Portugal hereby presents its formal objection to the interpretative declarations made by the Government of Algeria upon ratification of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The Government of Portugal having examined the contents of the said declarations reached the conclusion that they can be regarded as reservations and therefore should be considered invalid as well as incompatible with the purposes and object of the Covenants. This objection shall not preclude the entry into force of the Covenants between Portugal and Algeria." 13 October 2004 With regard to the declarations and the reservation made by Turkey upon ratification: "The Government of Portugal considers that reservations by which a State limits its responsibilities under the International Covenant on Economic, Social and Cultural Rights (ICESCR) by invoking certain provisions of national law in general terms may create doubts as to the commitment of the reserving State to the object and purpose of the convention and, moreover, contribute to undermining the basis of international law. It is in the common interest of all States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Government of Portugal therefore objects to the reservation by Turkey to the ICESCR. This objection shall not constitute an obstacle to the entry into force of the Covenant between Portugal and Turkey." 7 September 2018 With regard to the declaration made by Myanmar upon ratification: “The Government of the Portuguese Republic has examined the declaration made by the Government of the Republic of the Union of Myanmar to Article I of the International Covenant on Economic, Social and Cultural Rights and considers that it is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis. The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under the International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles raise doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof. The Government of the Portuguese Republic recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Covenant shall not be permitted. Furthermore, the Government of the Portuguese Republic does not share the interpretation of “the right of self-determination” expressed by the Government of the Republic of the Union of Myanmar which limits the content of this right and is not in line with the definition enshrined in International Law. Thus the Government of the Portuguese Republic objects to this reservation. This objection shall not preclude the entry into force of the Covenant between the Portuguese Republic and the Republic of the Union of Myanmar.” 20 May 2019 With regard to the reservation and statement made by Qatar upon accession: “The Government of the Portuguese Republic has examined the contents of the reservation to Article 3 and of the statement regarding Article 8 of the International Covenant on Economic, Social and Cultural Rights made by the State of Qatar. The Government of the Portuguese Republic considers that the reservation to Article 3 of the International Covenant on Economic, Social and Cultural Rights is contrary to the object and purpose of the International Covenant on Economic, Social and Cultural Rights. Furthermore, it considers that the statement regarding Article 8 of the Covenant is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis. The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under [the] International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles [raise] doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof. The Government of the Portuguese Republic recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Covenant shall not be permitted. Thus, the Government of the Portuguese Republic objects to these reservations. This objection shall not preclude the entry into force of the Covenant between the Portuguese Republic and the State of Qatar.”

Portugal

26 October 1990

"The Government of Portugal hereby presents its formal objection to the interpretative declarations made by the Government of Algeria upon ratification of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The Government of Portugal having examined the contents of the said declarations reached the conclusion that they can be regarded as reservations and therefore should be considered invalid as well as incompatible with the purposes and object of the Covenants.

This objection shall not preclude the entry into force of the Covenants between Portugal and Algeria."

13 October 2004

With regard to the declarations and the reservation made by Turkey upon ratification:

"The Government of Portugal considers that reservations by which a State limits its responsibilities under the International Covenant on Economic, Social and Cultural Rights (ICESCR) by invoking certain provisions of national law in general terms may create doubts as to the commitment of the reserving State to the object and purpose of the convention and, moreover, contribute to undermining the basis of international law. It is in the common interest of all States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Portugal therefore objects to the reservation by Turkey to the ICESCR. This objection shall not constitute an obstacle to the entry into force of the Covenant between Portugal and Turkey."

7 September 2018

With regard to the declaration made by Myanmar upon ratification:

“The Government of the Portuguese Republic has examined the declaration made by the Government of the Republic of the Union of Myanmar to Article I of the International Covenant on Economic, Social and Cultural Rights and considers that it is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis.

The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under the International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles raise doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.

The Government of the Portuguese Republic recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Covenant shall not be permitted.

Furthermore, the Government of the Portuguese Republic does not share the interpretation of “the right of self-determination” expressed by the Government of the Republic of the Union of Myanmar which limits the content of this right and is not in line with the definition enshrined in International Law.

Thus the Government of the Portuguese Republic objects to this reservation.

This objection shall not preclude the entry into force of the Covenant between the Portuguese Republic and the Republic of the Union of Myanmar.”

20 May 2019

With regard to the reservation and statement made by Qatar upon accession:

“The Government of the Portuguese Republic has examined the contents of the reservation to Article 3 and of the statement regarding Article 8 of the International Covenant on Economic, Social and Cultural Rights made by the State of Qatar.

The Government of the Portuguese Republic considers that the reservation to Article 3 of the International Covenant on Economic, Social and Cultural Rights is contrary to the object and purpose of the International Covenant on Economic, Social and Cultural Rights.

Furthermore, it considers that the statement regarding Article 8 of the Covenant is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis.

The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under [the] International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles [raise] doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.

Thus, the Government of the Portuguese Republic objects to these reservations.

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