UNTC

Objections

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


Switzerland Switzerland 11 June 2021 Objection to the reservation made by Oman to Article 33 of the Convention upon accession The Swiss Federal Council has examined the first reservation made by the Sultanate of Oman upon its accession to the International Convention for the Protection of All Persons from Enforced Disappearance of 20 December 2006, expressed as follows: “Firstly, the Government of the Sultanate of Oman does not recognize the competence of the Committee in cases of enforced disappearances provided in article 33 of the aforementioned Convention.” The Swiss Federal Council recalls that the competence of the Committee under article 33 of the Convention is a binding competence that does not require prior recognition by the States parties. The Swiss Federal Council considers that the reservation made by the Sultanate of Oman – which has the effect of generally ruling out any visit by the Committee to Oman in case of allegations of serious violations of the provisions of the Convention based on credible information – violates one of the essential elements of the Convention, which is necessary for its overall balance, in such a way as to compromise its rationale. Consequently, the reservation made by the Sultanate of Oman is incompatible with the object and purpose of the Convention. It is in the common interest of States that instruments to which they have chosen to become parties are respected by all the parties, as to their object and purpose, and that States are prepared to comply with their treaty obligations. The Swiss Federal Council therefore objects to the reservation made by the Sultanate of Oman. This objection does not prevent the entry into force of the Convention, in its entirety, between Switzerland and the Sultanate of Oman.

Switzerland

11 June 2021

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

The Swiss Federal Council has examined the first reservation made by the Sultanate of Oman upon its accession to the International Convention for the Protection of All Persons from Enforced Disappearance of 20 December 2006, expressed as follows: “Firstly, the Government of the Sultanate of Oman does not recognize the competence of the Committee in cases of enforced disappearances provided in article 33 of the aforementioned Convention.”

The Swiss Federal Council recalls that the competence of the Committee under article 33 of the Convention is a binding competence that does not require prior recognition by the States parties. The Swiss Federal Council considers that the reservation made by the Sultanate of Oman – which has the effect of generally ruling out any visit by the Committee to Oman in case of allegations of serious violations of the provisions of the Convention based on credible information – violates one of the essential elements of the Convention, which is necessary for its overall balance, in such a way as to compromise its rationale. Consequently, the reservation made by the Sultanate of Oman is incompatible with the object and purpose of the Convention.

It is in the common interest of States that instruments to which they have chosen to become parties are respected by all the parties, as to their object and purpose, and that States are prepared to comply with their treaty obligations.

The Swiss Federal Council therefore objects to the reservation made by the Sultanate of Oman. This objection does not prevent the entry into force of the Convention, in its entirety, between Switzerland 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.)

Switzerland

Declaration under article 31

In accordance with article 31 of the Convention, Switzerland 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 of provisions of this Convention by Switzerland.

Declaration under article 32

In accordance with article 32 of the Convention, Switzerland 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 the Convention.