UNTC

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.
For objections thereto and declarations recognizing the competence of the Human Rights Committee under article 41, see hereinafter.)

Switzerland ⁴⁰

Switzerland40

Reservations:

...

(b) Reservation concerning article 12, paragraph 1:

The right to liberty of movement and freedom to choose one's residence is applicable, subject to the federal laws on aliens, which provide that residence and establisment permits shall be valid only for the canton which issues them.

...

(f) Reservation concerning article 20:

Switzerland reserves the right not to adopt further measures to ban propaganda for war, which is prohibited by article 20, paragraph 1.

...

(g) Reservation concerning article 25, subparagraph (b):

The present provision shall be applied without prejudice to the cantonal and communal laws, which provide for or permit elections within assemblies to be held by a means other than secret ballot.

(h) Reservation concerning article 26:

The equality of all persons before the law and their entitlement without any discrimination to the equal protection of the law shall be guaranteed only in connection with other rights contained in the present Covenant.

Objections

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


Switzerland Switzerland 28 June 2011 With regard to the reservations made by Pakistan upon ratification: Concerning the International Covenant on Civil and Political Rights of 16 December 1966: “The Swiss Federal Council has examined the reservations made by the Islamic Republic of Pakistan upon its accession to the International Covenant on Civil and Political Rights of 16 December 1966, with regard to articles 3, 6, 7, 18 and 19 of the Covenant. The reservations to the articles, which refer to the provisions of domestic law and Islamic Sharia law, do not specify their scope and raise doubts about the ability of the Islamic Republic of Pakistan to honour its obligations as a party to the Covenant. Furthermore, the Swiss Federal Council emphasizes that the third sentence of article 6, paragraph 1; article 7; and article 18, paragraph 2, constitute jus cogens and therefore enjoy absolute protection. A general reservation to article 40, a key provision of the Covenant, raises serious doubts as to the compatibility of such a reservation with the object and purpose of the Covenant. Article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 prohibits any reservation that is incompatible with the object and purpose of a treaty. Consequently, the Swiss Federal Council objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the International Covenant on Civil and Political Rights of 16 December 1966. This objection does not preclude the entry into force of the Covenant between Switzerland and the Islamic Republic of Pakistan.” 17 May 2019 WIth regard to the reservations and statements made by Qatar upon accession: The Swiss Federal Council has examined the reservations and declarations made by the State of Qatar upon accession to the International Covenant on Civil and Political Rights of 16 December 1966. The Swiss Federal Council considers that the declarations concerning articles 7, 18 (2), 22 and 23 (2) of the Covenant amount in fact to reservations. Reservations subjecting all or part of articles 3, 7, 18 (2), 22 and 23 (3) and (4) of the Covenant in general terms to Sharia law and/or national legislation constitute reservations of general scope which raise doubts about the full commitment of the State of Qatar to the object and purpose of the Covenant. The Swiss Federal Council recalls that, according to sub-paragraph (c) of article 19 of the Vienna Convention of 23 May 1969 on the law of treaties, reservations incompatible with the object and purpose of the Covenant are not permitted. It is in the common interest of States that instruments to which they have chosen to become parties be respected in their object and purpose by all parties and that States be prepared to amend their legislation in order to fulfil their treaty obligations. Henceforth, the Swiss Federal Council objects to these reservations by the State of Qatar. This objection shall not preclude the entry into force of the Covenant, in its entirety, between Switzerland and the State of Qatar.

Switzerland

28 June 2011

With regard to the reservations made by Pakistan upon ratification:

Concerning the International Covenant on Civil and Political Rights of 16 December 1966:

“The Swiss Federal Council has examined the reservations made by the Islamic Republic of Pakistan upon its accession to the International Covenant on Civil and Political Rights of 16 December 1966, with regard to articles 3, 6, 7, 18 and 19 of the Covenant.

The reservations to the articles, which refer to the provisions of domestic law and Islamic Sharia law, do not specify their scope and raise doubts about the ability of the Islamic Republic of Pakistan to honour its obligations as a party to the Covenant. Furthermore, the Swiss Federal Council emphasizes that the third sentence of article 6, paragraph 1; article 7; and article 18, paragraph 2, constitute jus cogens and therefore enjoy absolute protection.

A general reservation to article 40, a key provision of the Covenant, raises serious doubts as to the compatibility of such a reservation with the object and purpose of the Covenant.

Article 19 of the Vienna Convention on the Law of Treaties of 23 May 1969 prohibits any reservation that is incompatible with the object and purpose of a treaty.

Consequently, the Swiss Federal Council objects to the aforesaid reservations made by the Islamic Republic of Pakistan to the International Covenant on Civil and Political Rights of 16 December 1966.

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

17 May 2019

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

The Swiss Federal Council has examined the reservations and declarations made by the State of Qatar upon accession to the International Covenant on Civil and Political Rights of 16 December 1966.

The Swiss Federal Council considers that the declarations concerning articles 7, 18 (2), 22 and 23 (2) of the Covenant amount in fact to reservations. Reservations subjecting all or part of articles 3, 7, 18 (2), 22 and 23 (3) and (4) of the Covenant in general terms to Sharia law and/or national legislation constitute reservations of general scope which raise doubts about the full commitment of the State of Qatar to the object and purpose of the Covenant. The Swiss Federal Council recalls that, according to sub-paragraph (c) of article 19 of the Vienna Convention of 23 May 1969 on the law of treaties, reservations incompatible with the object and purpose of the Covenant are not permitted.

It is in the common interest of States that instruments to which they have chosen to become parties be respected in their object and purpose by all parties and that States be prepared to amend their legislation in order to fulfil their treaty obligations.

Henceforth, the Swiss Federal Council objects to these reservations by the State of Qatar. This objection shall not preclude the entry into force of the Covenant, in its entirety, between Switzerland 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.)

Switzerland

18 June 1992

Switzerland declares, pursuant to article 41, that it shall recognize, for a period of five years, the competence of the Human Rights Committee to receive and to consider communications to the effect that a State party claims that another State party is not fulfilling its obligations under the present Covenant.

25 April 1997

The Swiss Government declares, pursuant to article 41 (1) of the [said Covenant], that it shall recognize for a further period of five years, as from 18 September 1997, 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 present Covenant.

11 May 2010

“… the Swiss Federal Council declares, pursuant to article 41 (1) of the International Covenant on Civil and Political Rights of 16 December 1966, that it recognizes for a further period of five years, beginning on 16 April 2010, the competence of the Human Rights Committee to receive and consider communications from States parties concerning non-compliance by other States parties with the obligations arising under the Covenant.”

27 March 2017

... Switzerland, pursuant to article 41 (1) of the International Covenant on Civil and Political Rights of 16 December 1966, recognizes the competence of the Human Rights Committee, for a period of five years from the present notification, 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.

24 January 2022

(This declaration replaces the one transmitted to the Secretary-General on 27 March 2017 and is in effect for five years from 24 January 2022.)

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.)