4. INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
New York, 16 December 1966
ENTRY. INTO FORCE: 23 March 1976, in accordance with article 49 , for all provisions except those of article 41; 28 March 1979 for the provisions of article 41 (Human Rights Committee), in accordance with paragraph 2 of the said article 41.
REGISTRATION: 23 March 1976, No. 14668.
STATUS: Signatories: 75. Parties: 173.
TEXT: United Nations, Treaty Series, vol. 999, p. 171 and vol. 1057, p. 407 (procès-verbal of rectification of the authentic Spanish text); depositary notification C.N.782.2001.TREATIES-6 of 5 October 2001 [Proposal of correction to the original of the Covenant (Chinese authentic text)] and C.N.8.2002.TREATIES-1 of 3 January 2002 [Rectification of the original of the Covenant (Chinese authentic text)].
Note: The Covenant was opened for signature at New York on 19 December 1966.
. Accession(a), Accession(a), Succession(d), Succession(d), Participant Signature Ratification Participant Signature Ratification Afghanistan...... 24 Jan 1983 a Cambodia2,3 ...... 17 Oct 1980 26 May 1992 a Albania...... 4 Oct 1991 a Cameroon...... 27 Jun 1984 a Algeria ...... 10 Dec 1968 12 Sep 1989 Canada ...... 19 May 1976 a Andorra...... 5 Aug 2002 22 Sep 2006 Central African Angola ...... 10 Jan 1992 a Republic...... 8 May 1981 a Antigua and Barbuda...... 3 Jul 2019 a Chad...... 9 Jun 1995 a Argentina ...... 19 Feb 1968 8 Aug 1986 Chile...... 16 Sep 1969 10 Feb 1972 Armenia ...... 23 Jun 1993 a China4,5,6 ...... 5 Oct 1998 Australia...... 18 Dec 1972 13 Aug 1980 Colombia ...... 21 Dec 1966 29 Oct 1969 Austria ...... 10 Dec 1973 10 Sep 1978 Comoros...... 25 Sep 2008 Azerbaijan...... 13 Aug 1992 a Congo...... 5 Oct 1983 a Bahamas...... 4 Dec 2008 23 Dec 2008 Costa Rica...... 19 Dec 1966 29 Nov 1968 Bahrain...... 20 Sep 2006 a Côte d'Ivoire ...... 26 Mar 1992 a Bangladesh...... 6 Sep 2000 a Croatia1 ...... 12 Oct 1992 d Barbados ...... 5 Jan 1973 a Cuba...... 28 Feb 2008 Belarus...... 19 Mar 1968 12 Nov 1973 Cyprus...... 19 Dec 1966 2 Apr 1969 Belgium ...... 10 Dec 1968 21 Apr 1983 Czech Republic7 ...... 22 Feb 1993 d Belize...... 10 Jun 1996 a Democratic People's Republic of Korea8...... 14 Sep 1981 a Benin...... 12 Mar 1992 a Democratic Republic of Bolivia (Plurinational the Congo...... 1 Nov 1976 a State of)...... 12 Aug 1982 a Denmark ...... 20 Mar 1968 6 Jan 1972 Bosnia and Herzegovina1...... 1 Sep 1993 d Djibouti...... 5 Nov 2002 a Botswana ...... 8 Sep 2000 8 Sep 2000 Dominica ...... 17 Jun 1993 a Brazil ...... 24 Jan 1992 a Dominican Republic...... 4 Jan 1978 a Bulgaria ...... 8 Oct 1968 21 Sep 1970 Ecuador...... 4 Apr 1968 6 Mar 1969 Burkina Faso...... 4 Jan 1999 a Egypt...... 4 Aug 1967 14 Jan 1982 Burundi ...... 9 May 1990 a El Salvador ...... 21 Sep 1967 30 Nov 1979 Cabo Verde...... 6 Aug 1993 a Equatorial Guinea...... 25 Sep 1987 a
IV 4. HUMAN RIGHTS 1 Accession(a), Accession(a), Succession(d), Succession(d), Participant Signature Ratification Participant Signature Ratification Eritrea ...... 22 Jan 2002 a Liechtenstein...... 10 Dec 1998 a Estonia ...... 21 Oct 1991 a Lithuania...... 20 Nov 1991 a Eswatini ...... 26 Mar 2004 a Luxembourg...... 26 Nov 1974 18 Aug 1983 Ethiopia...... 11 Jun 1993 a Madagascar...... 17 Sep 1969 21 Jun 1971 Fiji ...... 16 Aug 2018 a Malawi...... 22 Dec 1993 a Finland...... 11 Oct 1967 19 Aug 1975 Maldives ...... 19 Sep 2006 a France ...... 4 Nov 1980 a Mali...... 16 Jul 1974 a Gabon...... 21 Jan 1983 a Malta...... 13 Sep 1990 a Gambia...... 22 Mar 1979 a Marshall Islands...... 12 Mar 2018 a Georgia ...... 3 May 1994 a Mauritania...... 17 Nov 2004 a Germany9,10...... 9 Oct 1968 17 Dec 1973 Mauritius...... 12 Dec 1973 a Ghana...... 7 Sep 2000 7 Sep 2000 Mexico...... 23 Mar 1981 a Greece...... 5 May 1997 a Monaco ...... 26 Jun 1997 28 Aug 1997 Grenada...... 6 Sep 1991 a Mongolia...... 5 Jun 1968 18 Nov 1974 Guatemala...... 5 May 1992 a Montenegro11 ...... 23 Oct 2006 d Guinea...... 28 Feb 1967 24 Jan 1978 Morocco...... 19 Jan 1977 3 May 1979 Guinea-Bissau...... 12 Sep 2000 1 Nov 2010 Mozambique ...... 21 Jul 1993 a Guyana...... 22 Aug 1968 15 Feb 1977 Namibia ...... 28 Nov 1994 a Haiti ...... 6 Feb 1991 a Nauru ...... 12 Nov 2001 Honduras...... 19 Dec 1966 25 Aug 1997 Nepal...... 14 May 1991 a Hungary ...... 25 Mar 1969 17 Jan 1974 Netherlands...... 25 Jun 1969 11 Dec 1978 Iceland ...... 30 Dec 1968 22 Aug 1979 New Zealand12 ...... 12 Nov 1968 28 Dec 1978 India...... 10 Apr 1979 a Nicaragua...... 12 Mar 1980 a Indonesia...... 23 Feb 2006 a Niger ...... 7 Mar 1986 a Iran (Islamic Republic Nigeria ...... 29 Jul 1993 a of)...... 4 Apr 1968 24 Jun 1975 North Macedonia1...... 18 Jan 1994 d Iraq...... 18 Feb 1969 25 Jan 1971 Norway ...... 20 Mar 1968 13 Sep 1972 Ireland...... 1 Oct 1973 8 Dec 1989 Pakistan...... 17 Apr 2008 23 Jun 2010 Israel ...... 19 Dec 1966 3 Oct 1991 Palau ...... 20 Sep 2011 Italy...... 18 Jan 1967 15 Sep 1978 Panama...... 27 Jul 1976 8 Mar 1977 Jamaica ...... 19 Dec 1966 3 Oct 1975 Papua New Guinea ...... 21 Jul 2008 a Japan ...... 30 May 1978 21 Jun 1979 Paraguay ...... 10 Jun 1992 a Jordan...... 30 Jun 1972 28 May 1975 Peru...... 11 Aug 1977 28 Apr 1978 Kazakhstan...... 2 Dec 2003 24 Jan 2006 Philippines ...... 19 Dec 1966 23 Oct 1986 Kenya...... 1 May 1972 a Poland ...... 2 Mar 1967 18 Mar 1977 Kuwait ...... 21 May 1996 a Portugal4 ...... 7 Oct 1976 15 Jun 1978 Kyrgyzstan...... 7 Oct 1994 a Qatar ...... 21 May 2018 a Lao People's Republic of Korea...... 10 Apr 1990 a Democratic Republic of Moldova...... 26 Jan 1993 a Republic...... 7 Dec 2000 25 Sep 2009 Romania...... 27 Jun 1968 9 Dec 1974 Latvia...... 14 Apr 1992 a Russian Federation ...... 18 Mar 1968 16 Oct 1973 Lebanon ...... 3 Nov 1972 a Rwanda ...... 16 Apr 1975 a Lesotho ...... 9 Sep 1992 a Samoa ...... 15 Feb 2008 a Liberia...... 18 Apr 1967 22 Sep 2004 San Marino ...... 18 Oct 1985 a Libya...... 15 May 1970 a
IV 4. HUMAN RIGHTS 2 Accession(a), Accession(a), Succession(d), Succession(d), Participant Signature Ratification Participant Signature Ratification Sao Tome and Principe...... 31 Oct 1995 10 Jan 2017 Togo...... 24 May 1984 a Senegal...... 6 Jul 1970 13 Feb 1978 Trinidad and Tobago ...... 21 Dec 1978 a Serbia1...... 8 Aug 1967 12 Mar 2001 d Tunisia ...... 30 Apr 1968 18 Mar 1969 Seychelles ...... 5 May 1992 a Turkey...... 15 Aug 2000 23 Sep 2003 Sierra Leone...... 23 Aug 1996 a Turkmenistan...... 1 May 1997 a Slovakia7 ...... 28 May 1993 d Uganda...... 21 Jun 1995 a Slovenia1 ...... 6 Jul 1992 d Ukraine ...... 20 Mar 1968 12 Nov 1973 Somalia ...... 24 Jan 1990 a United Kingdom of South Africa...... 3 Oct 1994 10 Dec 1998 Great Britain and Northern Ireland6 ...... 16 Sep 1968 20 May 1976 Spain ...... 28 Sep 1976 27 Apr 1977 United Republic of Sri Lanka...... 11 Jun 1980 a Tanzania...... 11 Jun 1976 a St. Lucia...... 22 Sep 2011 United States of St. Vincent and the America...... 5 Oct 1977 8 Jun 1992 Grenadines ...... 9 Nov 1981 a Uruguay ...... 21 Feb 1967 1 Apr 1970 State of Palestine ...... 2 Apr 2014 a Uzbekistan ...... 28 Sep 1995 a Sudan ...... 18 Mar 1986 a Vanuatu...... 29 Nov 2007 21 Nov 2008 Suriname...... 28 Dec 1976 a Venezuela (Bolivarian Sweden...... 29 Sep 1967 6 Dec 1971 Republic of) ...... 24 Jun 1969 10 May 1978 Switzerland ...... 18 Jun 1992 a Viet Nam...... 24 Sep 1982 a Syrian Arab Republic ...... 21 Apr 1969 a Yemen...... 9 Feb 1987 a Tajikistan ...... 4 Jan 1999 a Zambia...... 10 Apr 1984 a Thailand...... 29 Oct 1996 a Zimbabwe ...... 13 May 1991 a Timor-Leste ...... 18 Sep 2003 a
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.)
sentence) the obligation to segregate is accepted only to AFGHANISTAN the extent that such segregation is considered by the [See chapter IV.3.] responsible authorities to be beneficial to the juveniles or adults concerned". 13 Article 14 ALGERIA "Australia makes the reservation that the provision of [See chapter IV.3.] compensation for miscarriage of justice in the circumstances contemplated in paragraph 6 of article 14 may be by administrative procedures rather than pursuant to specific legal provision." ARGENTINA Article 20 The Argentine Government states that the application "Australia interprets the rights provided for by articles of the second part of article 15 of the International 19, 21 and 22 as consistent with article 20; accordingly, Covenant on Civil and Political Rights shall be subject to the Common wealth and the constituent States, having the principle laid down in article 18 of the Argentine legislated with respect to the subject matter of the article National Constitution. in matters of practical concern in the interest of public order ( ordre public ), the right is reserved not to 14 introduce any further legislative provision on these AUSTRALIA matters." Article 10 "Australia has a federal constitutional system in which "In relation to paragraph 2 (a) the principle of legislative, executive and judicial powers are shared or segregation is accepted as an objective to be achieved distributed between the Commonwealth and the progressively. In relation to paragraph 2 (b) and 3 (second constituent States. The implementation of the treaty
IV 4. HUMAN RIGHTS 3 throughout Australia will be effected by the 2. The Government of the Kingdom of Bahrain Commonwealth, State and Territory authorities having interprets the provisions of Article (9), Paragraph (5) as regard to their respective constitutional powers and not detracting from its right to layout the basis and rules arrangements concerning their exercise." of obtaining the compensation mentioned in this Paragraph. AUSTRIA 3. The Government of the Kingdom of Bahrain 1. Article 12, paragraph 4, of the Covenant will be interprets Article (14) Paragraph (7) as no obligation arise applied provided that it will not affect the Act of April 3, from it further those set out in Article (10) of the Criminal 1919, State Law Gazette No. 209, concerning the Law of Bahrain which provides: Expulsion and the Transfer of Property of the House of ‘Legal Proceedings cannot be instated against a person Habsburg-Lorraine as amended by the Act of October 30, who has been acquitted by Foreign Courts from offenses 1919, State Law Gazette No. 501, the Federal of which he is accused or a final judgement has been Constitutional Act of July 30, 1925, Federal Law Gazette delivered against him and the said person fulfilled the No. 292, and the Federal Constitutional Act of January punishment or the punishment has been abolished by 26, 1928, Federal Law Gazette No. 30, read in prescription.' " conjunction with the Federal Constitutional Act of July 4, 1963, Federal Law Gazette No. 172. BANGLADESH 2. Article 9 and article 14 of the Covenant will be Article 14 applied provided that legal regulations governing the “The Government of the People’s Republic of proceedings and measures of deprivation of liberty as Bangladesh reserveapply paragraph 3 (d) of Article 14 in provided for in the Administrative Procedure Acts and in view of the fact, that, while the existing laws of the Financial Penal Act remain permissible within the Bangladesh provide that, in the ordinary course a person, framework of the judicial review by the Federal shall be entitled to be tried in his presence, it also Administrative Court or the Federal Constitutional Court provides for a trial to be held in his absence if he is a as provided by the Austrian Federal Constitution. fugitive offender, or is a person, who being required to 3. Article 10, paragraph 3, of the Covenant will be appear before a court, fails to present himself or to applied provided that legal regulations allowing for explain the reasons for non-appearance to the satisfaction juvenile prisoners to be detained together with adults of the court.” under 25 years of age who give no reason for concern as “Article 10: to their possible detrimental influence on the juvenile So far as the first part of paragraph 3 of Article 10 prisoner remain permissible. relating to reformation and social rehabilitation of 4. Article 14 of the Covenant will be applied prisoners is concerned, Bangladesh does not have any provided that the principles governing the publicity of facility to this effect on account of financial constraints trials as set forth in article 90 of the Federal Constitutional and for lack of proper logistics support. The last part of Law as amended in 1929 are in no way prejudiced and this paragraph relating to segregation of juvenile that offenders from adults is a legal obligation under (a) paragraph 3, sub-paragraph (d) is not in conflict Bangladesh law and is followed accordingly. with legal regulations which stipulate that an accused Article 11: person who disturbs the orderly conduct of the trial or Article 11 providing that “no one shall be imprisoned whose presence would impede the questioning of another merely on the ground of inability to fulfil a contractual accused person, of a witness or of an expert can be obligation,” is generally in conformity with the excluded from participation in the trial; Constitutional and legal provisions in Bangladesh, except (b) paragraph 5 is not in conflict with legal in some very exceptional circumstances, where the law regulations which stipulate that after an acquittal or a provides for civil imprisonment in case of willful default lighter sentence passed by a court of the first instance, a in complying with a decree. The Government of People’s higher tribunal may pronounce conviction or a heavier Republic of Bangladesh will apply this article in sentence for the same offence, while they exclude the accordance with its existing municipal law. convicted person's right to have such conviction or Article 14: heavier sentence reviewed by a still higher tribunal; So far as the provision of legal assistance in paragraph (c) paragraph 7 is not in conflict with legal 3(d) of Article 14 is concerned, a person charged with regulations which allow proceedings that led up to a criminal offences is statutorily entitled to legal assistance person's final conviction or acquittal to be reopened. if he does not have the means to procure such assistance. 5. Articles 19, 21 and 22 in connection with article The Government of the People’s Republic of 2 (1) of the Covenant will be applied provided that they Bangladesh, notwithstanding its acceptance of the are not in conflict with legal restrictions as provided for in principle of compensation for miscarriage of justice, as article 16 of the European Convention for the Protection stipulated in Article 14, paragraph 6, is not in a position to of Human Rights and Fundamental Freedoms. guarantee a comprehensive implementation of this 6. Article 26 is understood to mean that it does not provision for the time being. However, the aggrieved has exclude different treatment of Austrian nationals and the right to realise compensation for miscarriage of justice aliens, as is also permissible under article 1, paragraph 2, by separate proceedings and in some cases, the court suo of the International Convention on the Elimination of All moto grants compensation to victims of miscarriage of Forms of Racial Discrimination. justice. Bangladesh, however, intends to ensure full implementation of this provision in the near future.” BAHAMAS BARBADOS “The Government of The Bahamas recognizes and "The Government of Barbados states that it reserves accepts the principle of compensation for wrongful the right not to apply in full, the guarantee of free legal imprisonment contained in paragraph 6 of article 14, but assistance in accordance with paragraph 3 (d) of Article the problems of implementation are such that the right not 14 of the Covenant, since, while accepting the principles to apply that principle is presently reserved.” contained in the same paragraph, the problems of 15 implementation are such that full application cannot be BAHRAIN guaranteed at present." "1. The Government of the Kingdom of Bahrain interprets the Provisions of Article 3, (18) and (23) as not affecting in any way the prescriptions of the Islamic Shariah.
IV 4. HUMAN RIGHTS 4 BELARUS16 in that paragraph and at present applies it in certain defined cases, the problems of implementation are such BELGIUM17 that full application cannot be guaranteed at present; ... (c) The Government of Belize 2. The Belgian Government considers that the recognizes and accepts the principle of compensation for provision of article 10, paragraph 2 (a), under which wrongful imprisonment contained in paragraph 6 of accused persons shall, save in exceptional circumstances, article 14, but the problems of implementation are such be segregated from convicted persons is to be interpreted that the right not to apply that principle is presently in conformity with the principle, already embodied in the reserved." standard minimum rules for the treatment of prisoners [resolution (73) 5 of the Committee of Ministers of the BOTSWANA18 Council of Europe of 19 January 1973], that untried prisoners shall not be put in contact with convicted “The Government of the Republic of Botswana prisoners against their will [rules 7 (b) and 85 (1)]. If they considers itself bound by: so request, accused persons may be allowed to take part a) Article 7 of the Covenant to the extent with convicted persons in certain communal activities. that “torture, cruel, inhuman or degrading treatment” 3. The Belgian Government considers that the means torture inhuman or degrading punishment or other provisions of article 10, paragraph 3, under which treatment prohibited by Section 7 of the Constitution of juvenile offenders shall be segregated from adults and be the Republic of Botswana. accorded treatment appropriate to their age and legal b) Article 12 paragraph 3 of the Covenant status refers exclusively to the judicial measures provided to the extent that the provisions are compatible with for under the régime for the protection of minors Section 14 of the Constitution of the Republic of established by the Belgian Act relating to the protection Botswana relating to the imposition of restrictions of young persons. As regards other juvenile ordinary-law reasonably required in certain exceptional instances.” of- fenders, the Belgian Government intends to reserve BULGARIA the option to adopt measures that may be more flexible and be designed precisely in the interest of the persons [See chapter IV.3] concerned. 4. With respect to article 14, the Belgian COLOMBIA Government considers that the last part of paragraph 1 of the article appears to give States the option of providing The Secretary-General received from the Government or not providing for certain derogations from the principle of Colombia a notification dated 17 April 2020, made that judgements shall be made public. Accordingly, the under article 4 (3) of the above Covenant, regarding the Belgian constitutional principle that there shall be no expiration of the state of emergency throughout the exceptions to the public pronouncements of judgements is territory of Colombia for a period of 30 days starting on in conformity with that provision. Paragraph 5 of the 17 March 2020, by Decree No. 417 of 2020. article shall not apply to persons who, under Belgian law, (See C.N.141.2020.TREATIES-IV.4 of 20 April 2020 are convicted and sentenced at second instance following for the text of the notification.) an appeal against their acquittal of first instance or who, under Belgian law, are brought directly before a higher CONGO tribunal sch as the Court of Cassation, the Appeals Court or the Assize Court. The Government of the People's Republic of Congo 5. Articles 19, 21 and 22 shall be applied by the declares that it does not consider itself bound by the Belgian Government in the context of the provisions and provisions of article 11 [...] restrictions set forth or authorized in articles 10 and 11 of Article 11 of the International Covenant on Civil and the Convention for the Protection of Human Rights and Political Rights is quite incompatible with articles 386 et Fundamental Freedoms of 4 November 1950, by the said seq . of the Congolese Code of Civil, Commercial, Convention. Administrative and Financial Procedure, derived from Act 6. The Belgian Government declares that it does 51/83 of 21 April 1983. Under those provisions, in not consider itself obligated to enact legislation in the matters of private law, decisions or orders emanating field covered by article 20, paragraph 1, and that article from conciliation proceedings may be enforced through 20 as a whole shall be applied taking into account the imprisonment for debt when other means of enforcement rights to freedom of thought and religion, freedom of have failed, when the amount due exceeds 20,000 CFA opinion and freedom of assembly and association francs and when the debtor, between 18 and 60 years of proclaimed in articles 18, 19 and 20 of the Universal age, makes himself insolvent in bad faith. Declaration of Human Rights and reaffirmed in articles 18, 19, 21 and 22 of the Covenant. CUBA 7. The Belgian Government declares that it The Republic of Cuba hereby declares that it was the interprets article 23, paragraph 2, as meaning that the Revolution that enabled its people to enjoy the rights set right of persons of marriageable age to marry and to out in the International Covenant on Civil and Political found a family presupposes not only that national law Rights. shall prescribe the marriageable age but that it may also The economic, commercial and financial embargo regulate the exercise of that right. imposed by the United States of America and its policy of hostility and aggression against Cuba constitute the most BELIZE serious obstacle to the Cuban people's enjoyment of the "(a) The Government of Belize rights set out in the Covenant. reserves the right not to apply paragraph 2 of article 12 in The rights protected under this Covenant are enshrined view of the statutory provisions requiring persons in the Constitution of the Republic and in national intending to travel abroad to furnish tax clearance legislation. certificates; The State's policies and programmes guarantee the (b) The Government of Belize effective exercise and protection of these rights for all reserves the right not to apply in full the guarantee of free Cubans. legal assistance in accordance with paragraph 3 (d) of With respect to the scope and implementation of some article 14, since, while it accepts the principle contained of the provisions of this international instrument, Cuba
IV 4. HUMAN RIGHTS 5 will make such reservations or interpretative declarations With respect to article 20, paragraph 1, of the as it may deem appropriate. Covenant, Fin- land declares that it will not apply the 7 provisions of this paragraph, this being compatible with CZECH REPUBLIC the standpoint Finland already expressed at the 16th DENMARK19 United Nations General Assembly by voting against the prohibition of propaganda for war, on the grounds that Modification of the reservation made upon this might endanger the freedom of expression referred in ratification: article 19 of the Covenant." "2 (b) (i) Article 14, paragraph 5, shall be applied in such a manner that: - An unlimited right to appeal does not have to be FRANCE21,22 instituted in cases where the conviction concerns a minor (1) The Government of the Republic considers that, offence and the sentence imposed is a fine and/or in accordance with Article 103 of the Charter of the confiscation below a certain amount to be laid down by United Nations, in case of conflict between its obligations law. under the Covenant and its obligations under the Charter - A right to a further appeal does not have to be (especially Articles 1 and 2 thereof), its obligations under instituted in cases where the accused person, having been the Charter will prevail. acquitted by a lower court, is convicted for the first time (2) The Government of the Republic enters the by a higher court hearing an appeal of the acquittal. following reservation concerning article 4, paragraph 1: - A right to appeal does not have to be instituted in firstly, the circumstances enumerated in article 16 of the criminal proceedings against a Member of Government or Constitution in respect of its implementation, in article 1 any other person brought before the High Court of the of the Act of 3 April 1978 and in the Act of 9 August Realm (Rigsretten). 1849 in respect of the declaration of a state of siege, in (ii) Article 14, paragraph 7, shall be applied in such a article 1 of Act No. 55-385 of 3 April 1955 in respect of manner that criminal proceedings which led to a final the declaration of a state of emergency and which enable conviction or acquittal may be reopened in certain these instruments to be implemented, are to be understood circumstances to be laid down by law." as meeting the purpose of article 4 of the Covenant; and, The Government of Denmark confirmed that the secondly, for the purpose of interpreting and reservation to Article 14, paragraph 5 above is a implementing article 16 of the Constitution of the French narrowing of the reservation made upon ratification and Republic, the terms "to the extent strictly required by the that the reservation to Article 14, paragraph 7 above is a exigencies of the situation" cannot limit the power of the clarification of the reservation made upon ratification. President of the Republic to take "the measures required Paragraphs 1, 2 (a) and 3 of Denmark’s reservation by circumstances". made upon ratification remain unchanged: (3) The Government of the Republic enters a "1. The Government of Denmark makes a reservation reservation concerning articles 9 and 14 to the effect that in respect of Article 10, paragraph 3, second sentence. In these articles cannot impede enforcement of the rules Danish practice, considerable efforts are made to ensure pertaining to the disciplinary régime in the armies. appropriate age distribution of convicts serving sentences (4) The Government of the Republic declares that of imprisonment, but it is considered valuable to maintain article 13 cannot derogate from chapter IV of Order No. possibilities of flexible arrangements. 45-2658 of 2 November 1945 concerning the entry into, 2. (a). Article 14, paragraph 1, shall not be binding on and sojourn in, France of aliens, nor from the other Denmark in respect of public hearings. In Danish law, the instruments concerning the expulsion of aliens in force in right to exclude the press and the public from trials may those parts of the territory of the Republic in which the go beyond what is permissible under this Covenant, and Order of 2 November 1945 does not apply. the Government of Denmark finds that this right should (5) The Government of the Republic interprets not be restricted. article 14, paragraph 5, as stating a general principle to 3. Reservation is further made to Article 20, paragraph which the law may make limited exceptions, for example, 1. This reservation is in accordance with the vote cast by in the case of certain offences subject to the initial and Denmark in the XVI General Assembly of the United final adjudication of a police court. However, an appeal Nations in 1961 when the Danish Delegation, referring to against a final decision may be made to the Court of the preceding article concerning freedom of expression, Cassation which rules on the legality of the decision voted against the prohibition against propaganda for war." concerned. EGYPT (6) The Government of the Republic declares that articles 19, 21 and 22 of the Covenant will be [See chapter IV.3.] implemented in accordance with articles 10, 11 and16 of the European Convention for the Protection of Human FINLAND20 Rights and Fundamental Freedoms of 4 November 1950. (7) The Government of the Republic declares that "With respect to article 10, paragraph 2 (b) and 3, of the term "war", appearing in article 20, paragraph1, is to the Covenant, Finland declares that although juvenile be understood to mean war in contravention of offenders are, as a rule, segregated from adults, it does not international law and considers, in any case, that French deem appropriate to adopt an absolute prohibition not legislation in this matter is adequate. allowing for more flexible arrangements; (8) In the light of article 2 of the Constitution of the With respect to article 14, paragraph 7, of the French Republic, the French Government declares that Covenant, Fin- land declares that it is going to pursue its article 27 is not applicable so far as the Republic is present practice, according to which a sentence can be concerned. changed to the detriment of the convicted person, if it is established that a member or an official of the court, the prosecutor or the legal counsel have through criminal or GAMBIA fraudulent activities obtained the acquittal of the "For financial reasons free legal assistance for accused defendant or a substantially more lenient penalty, or if per- sons is limited in our constitution to persons charged false evidence has been presented with the same effect, with capital offences only. The Government of the and according to which an aggravated criminal case may Gambia therefore wishes to enter a reservation in respect be taken up for reconsideration if within a year until then of article 14 (3) (d) of the Covenant in question." unknown evidence is presented, which would have led to conviction or a substantially more severe penalty;
IV 4. HUMAN RIGHTS 6 GERMANY10,23 GUINEA IRAQ In accordance with the principle whereby all States [See chapter IV.3.] whose policies are guided by the purposes and principles of the Charter of the United Nations are entitled to IRELAND26,27 become parties to covenants affecting the interests of the international community, the Government of the Republic Ireland accepts the principles referred to in paragraph of Guinea considers that the provisions of article 48, 2 of article 10 and implements them as far as practically paragraph 1, of the International Covenant on Civil and possible. It reserves the right to regard full Political Rights are contrary to the principle of the implementation of these principles as objectives to be universality of international treaties and the achieved progressively. democratization of international relations. ... Ireland accepts the principle in paragraph 1 of article 20 and implements it as far as it is practicable. Having GUYANA regard to the difficulties in formulating a specific offence "While the Government of the Republic of Guyana capable of adjudication at a national level in such a form accept the principle of Legal Aid in all appropriate as to reflect the general principles of law recognised by criminal proceedings, is working towards that end and at the community of nations as well as the right to freedom present apply it in certain defined cases, the problems of of expression, Ireland reserves the right to postpone implementation of a comprehensive Legal Aid Scheme consideration of the possibility of introducing some are such that full application cannot be guaranteed at this legislative addition to, or variation of, existing law until time." such time as it may consider that such is necessary for the "While the Government of the Republic of Guyana attainment of the objective of paragraph 1 of article 20. accept the principle of compensation for wrongful ISRAEL imprisonment, it is not possible at this time to implement "With reference to Article 23 of the Covenant, and any such a principle." other provision thereof to which the present reservation may be relevant, matters of personal status are governed HUNGARY in Israel by the religious law of the parties concerned. [See chapter IV.3.] "To the extent that such law is inconsistent with its obligations under the Covenant, Israel reserves the right to apply that law." ICELAND24,25 1. ... ITALY28 2. Article 10, paragraph 2 (b), and paragraph 3, second sentence, with respect to the separation of juvenile ..... prisoners from adults. Icelandic law in principle provides With reference to article 15, paragraph 1, last for such separation but it is not considered appropriate to sentence: "If, subsequent to the commission of the accept an obligation in the absolute form called for in the offence, provision is made by law for the imposition of a provisions of the Covenant. lighter penalty, the offender shall benefit thereby", the 3. ... Italian Republic deems this provision to apply exclusively 4. Article 14, paragraph 7, with respect to the to cases in progress. resumption of cases which have already been tried. The Consequently, a person who has already been Icelandic law of procedure has detailed provisions on this convicted by a final decision shall not benefit from any matter which it is not considered appropriate to revise. provision made by law, subsequent to that decision, for 5. Article 20, paragraph 1, with reference to the fact the imposition of a lighter penalty. that a prohibition against propaganda for war could limit The provisions of article 19, paragraph 3, are the freedom of expression. This reservation is consistent interpreted as being compatible with the existing licensing with the position of Iceland at the General Assembly at its system for national radio and television and with the 16th session. restrictions laid down by law for local radio and television Other provisions of the Covenant shall be inviolably companies and for stations relaying foreign programmes. observed. JAPAN INDIA [See chapter IV.3.] [See chapter IV.3.] KUWAIT29 INDONESIA KYRGYZSTAN "With reference to Article 1 of the International The Secretary-General received from the Government Covenant on Civil and Political Rights, the Government of Kyrgyzstan a notification dated 30 March 2020, made of the Republic of Indonesia declares that, consistent with under article 4 (3) of the above Covenant, regarding the the Declaration on the Granting of Independence to declaration of a state of emergency in the cities of Colonial Countries and Peoples, and the Declaration on Bishkek, Osh and Jalal-Abad and the Nookat and Kara- Principles of International Law concerning Friendly Suu districts of the Osh region and in the Suzak district of Relations and Cooperation Among States, and the the Jalal-Abad region from 8.00 a.m. of March 25, 2020 relevant paragraph of the Vienna Declaration and until 8.00 a.m. of April 15, 2020. Program of Action of 1993, the words "the right of self- (See C.N.129.2020.TREATIES-IV.4 of 14 April 2020 determination" appearing in this article do not apply to a for the text of the notification.) section of people within a sovereign independent state and can not be construed as authorizing or encouraging any action which would dismember or impair, totally or in LAO PEOPLE'S DEMOCRATIC REPUBLIC30 part, the territorial integrity or political unity of sovereign “The Government of the Lao People’s Democratic and independent states." Republic accepts Article 22 of the Covenant on the basis
IV 4. HUMAN RIGHTS 7 that Article 22 shall be interpreted in accordance with the since that paragraph does not conflict with the relevant right to selfdetermination in Article 1, and shall be so Luxembourg legal statutes, which provide that, following applied as to be in conformity with the Constitution and an acquittal or a conviction by a court of first instance, a the relevant laws of the Lao People’s Democratic higher tribunal may deliver a sentence, confirm the Republic.” sentence passed or impose a harsher penalty for the same “The Government of the Lao People’s Democratic crime. However, the tribunal's decision does not give the Republic declares that Article 1 of the Covenant person declared guilty on appeal the right to appeal that concerning the right to self-determination shall be conviction to a higher appellate jurisdiction." interpreted as being compatible with the Declaration on The Government of Luxembourg further declares that Principles of International Law concerning Friendly article 14, paragraph 5, shall not apply to persons who, Relations and Cooperation Among States in accordance under Luxembourg law, are remanded directly to a higher with the Charter of the United Nations, adopted by the court or brought before the Assize Court." General Assembly on 24th October 1970, and the Vienna "(c) The Government of Luxembourg Declaration and Programme of Action, adopted by the accepts the provision in article 19, paragraph 2, provided World Conference on Human Rights on 25th June 1993. that it does not preclude it from requiring broadcasting, The Government of the Lao People’s Democratic television and film companies to be licensed." Republic declares that Article 18 of the Covenant shall "(d) The Government of Luxembourg not be construed as authorizing or encouraging any declares that it does not consider itself obligated to adopt activities, including economic means, by anyone which legislation in the field covered by article 20, paragraph 1, directly or indirectly, coerce or compel an individual to and that article 20 as a whole will be implemented taking believe or not to believe in a religion or to convert his or into account the rights to freedom of thought, religion, her religion or belief. The Government of the Lao opinion, assembly and association laid down in articles People’s Democratic Republic considers that all acts 18, 19 and 20 of the Universal Declaration of Human creating division and discrimination among ethnic groups Rights and reaffirmed in articles 18, 19, 21 and 22 of the and among religions are incompatible with Article 18 of Covenant." the Covenant.” The Government of Luxembourg declares that it is implementing article 14, paragraph 5, since that paragraph LIBYA does not conflict with the relevant Luxembourg legal "The acceptance and the accession to this Covenant by statutes, which provide that, following an acquittal or a the Libyan Arab Republic shall in no way signify a conviction by a court of first instance, a higher tribunal recognition of Israel or be conducive to entry by the may deliver a sentence, confirm the sentence passed or Libyan Arab Republic into such dealings with Israel as impose a harsher penalty for the same crime. However, are regulated by the Covenant." the tribunal's decision does not give the person declared guilty on appeal the right to appeal that conviction to a 31 higher appellate jurisdiction. LIECHTENSTEIN The Government of Luxembourg further declares that “The Principality of Liechtenstein declares that it does article 14, paragraph 5, shall not apply to persons who, not interpret the provisions of article 3 of the Covenant as under Luxembourg law, are remanded directly to a higher constituting an impediment to the constitutional rules on court. the hereditary succession to the throne of the Reigning * [Within a period of 12 months from the date of Prince.” circulation of the depositary notification (i.e. 1 December “The Principality of Liechtenstein reserves the right to 2003), none of the Contracting States to the above apply the provisions of article 14, paragraph 1 of the Covenant notified the Secretary-General of an objection. Covenant, concerning the principle that hearings must be Consequently the modified reservation is deemed to have held and judgments pronounced in public, only within the been accepted for deposit upon the expiration of the 12- limits deriving from the principles at present embodied in month period, i.e., on 1 December 2004.] the Liechtenstein legislation on legal proceedings.” “The Principality of Liechtenstein makes the 32 reservation that the right to respect for family life, as MALDIVES guaranteed by article 17, paragraph 1 of the Covenant, "The application of the principles set out in Article 18 shall be exercised, with regard to aliens, in accordance of the Covenant shall be without prejudice to the with the principles at present embodied in the legislation Constitution of the Republic of Maldives." on aliens.” ... “The Principality of Liechtenstein reserves the right to MALTA guarantee the rights contained in article 26 of the "1. Article 13 - The Government of Malta endorses Covenant concerning the equality of all persons before the the principles laid down in article 13. However, in the law and their entitlement without any discrimination to present circumstances it cannot comply entirely with the the equal protection of the law only in connection with provisions of this article; other rights contained in the present Covenant.” 2. Article 14 (2) - The Government of Malta declares that it interprets paragraph 2 of article 14 of the LUXEMBOURG Covenant in the sense that it does not preclude any "(a) The Government of Luxembourg particular law from imposing upon any person charged considers that article 10, paragraph 3, which provides that under such law the burden of proving particular facts; juvenile offenders shall be segregated from adults and 3. Article 14 (6) - While the Government of Malta accorded treatment appropriate to their age and legal accepts the principle of compensation for wrongful status, refers solely to the legal measures incorporated in imprisonment, it is not possible at this time to implement the system for the protection of minors, which is the such a principle in accordance with article 14, paragraph subject of the Luxembourg youth welfare act. With 6, of the Covenant; regard to other juvenile offenders falling within the sphere 4. Article 19 - The Government of Malta desiring of ordinary law, the Government of Luxembourg wishes to avoid any uncertainty as regards the application of to retain the option of adopting measures that might be article 19 of the Covenant declares that the Constitution more flexible and be designed to serve the interests of the of Malta allow such restrictions to be imposed upon persons concerned." public officers in regard to their freedom of expression as "(b) The Government of Luxembourg are reasonably justifiable in a democratic society. The declares that it is implementing article 14, paragraph 5, code of Conduct of public officers in Malta precludes
IV 4. HUMAN RIGHTS 8 them from taking an active part in political discussions or religious acts, with the limitation, with regard to public other political activity during working hours or on the religious acts, that they must be performed in places of premises. worship and, with regard to education, that studies carried "The Government of Malta also reserves the right not out in establishments designed for the professional to apply article 19 to the extent that this may be fully education of ministers of religion are not officially compatible with Act 1 of 1987 entitled "An act to regulate recognized. The Government of Mexico believes that the limitations on the political activities of aliens", and these limitations are included among those established in this in accordance with Article 16 of the Convention of paragraph 3 of this article. Rome (1950) for the protection of Human Rights and Article 25, subparagraph (b) Fundamental Freedoms or with Section 41 (2) (a) (ii) of The Government of Mexico also makes a reservation the Constitution of Malta; to this provision, since article 130 of the Political "5. Article 20 - The Government of Malta interprets Constitution of the United Mexican States provides that article 20 consistently with the rights conferred by ministers of religion shall have neither a passive vote nor Articles 19 and 21 of the Covenant but reserves the right the right to form associations for political purposes. not to introduce any legislation for the purposes of article 20; MONACO "6. Article 22 - the Government of Malta reserves The Government of Monaco declares that it does not the right not to apply article 22 to the extent that existing interpret the provisions of article 2, paragraphs 1 and 2, legislive measures may not be fully compatible with this and articles 3 and 25 as constituting an impediment to the article. constitutional rules on the devolution of the Crown, according to which succession to the Throne shall take place within the direct legitimate line of the Reigning MAURITANIA Prince, in order of birth, with priority being given to male Article 18 descendants within the same degree of relationship, or of 1. Everyone shall have the right to freedom of those concerning the exercise of the functions of the thought, conscience and religion. This right shall include Regency. freedom to have or to adopt a religion or belief of his The Princely Government declares that the choice, and freedom, either individually or in community implementation of the principle set forth in article 13 shall with others and in public or private, to manifest his not affect the texts in force on the entry and stay of religion or belief in worship, observance, practice and foreigners in the Principality or of those on the expulsion teaching. of foreigners from Monegasque territory. 2. No one shall be subject to coercion which would The Princely Government interprets article 14, impair his freedom to have or to adopt a religion or belief paragraph 5, as embodying a general principle to which of his choice. the law can introduce limited exceptions. This is 3. Freedom to manifest one's religion or beliefs particularly true with respect to certain offences that, in may be subject only to such limitations as are prescribed the first and last instances, are under the jurisdiction of by law and are necessary to protect public safety, order, the police court, and with respect to offences of a criminal health, or morals or the fundamental rights and freedoms nature. Furthermore, verdicts in the last instance can be of others. appealed before the Court of Judicial Review, which shall 4. The States Parties to the present Covenant rule on their legality. undertake to have respect for the liberty of parents and, The Princely Government declares that it considers when applicable, legal guardians to ensure the religious article 19 to be compatible with the existing system of and moral education of their children in conformity with monopoly and authorization applicable to radio and their own convictions. television corporations. The Mauritanian Government, while accepting the The Princely Government, recalling that the exercise provisions set out in article 18 concerning freedom of of the rights and freedoms set forth in articles 21 and 22 thought, conscience and religion, declares that their entails duties and responsibilities, declares that it application shall be without prejudice to the Islamic interprets these articles as not prohibiting the application Shariah. of requirements, conditions, restrictions or penalties Article 23, paragraph 4 which are prescribed by law and which are necessary in a States Parties to the present Covenant shall take democratic society to national security, territorial integrity appropriate steps to ensure equality of rights and or public safety, the defence of order and the prevenion or responsibilities of spouses as to marriage, during marriage crime, the protection of health or morals, and the and at its dissolution. In the case of dissolution, provision protection of the reputation of others, or in order to shall be made for the necessary protection of any children. prevent the disclosure of confidential information or to The Mauritanian Government interprets the provisions guarantee the authority and impartiality of the judiciary. of article 23, paragraph 4, on the rights and The Princely Government formulates a reservation responsibilities of spouses as to marriage as not affecting concerning article 25, which shall not impede the in any way the prescriptions of the Islamic Shariah. application of article 25 of the Constitution and of Order No. 1730 of 7 May 1935 on public employment. 33 Article 26, together with article 2, paragraph 1, and MEXICO article 25, is interpreted as not excluding the distinction in Article 9, paragraph 5 treatment between Monegasque and foreign nationals Under the Political Constitution of the United Mexican permitted under article 1, paragraph 2, of the International States and the relevant implementing legislation, every Convention on the Elimination of All Forms of Racial individual enjoys the guarantees relating to penal matters Discrimination, taking into account the distinctions embodied therein, and consequently no person may be established in articles 25 and 32 of the Monegasque unlawfully arrested or detained. However, if by reason of Constitution. false accusation or complaint any individual suffers an infringement of this basic right, he has, inter alia , under the provisions of the appropriate laws, an enforceable MONGOLIA right to just compensation. [See chapter IV.3.] Article 18 Under the Political Constitution of the United Mexican 34 States, every person is free to profess his preferred NETHERLANDS religious belief and to practice its ceremonies, rites and "Article 10
IV 4. HUMAN RIGHTS 9 "The Kingdom of the Netherlands subscribes to the require the removal of a particular juvenile offender or principle set out in paragraph 1 of this article, but it takes where mixing is considered to be of benefit to the persons the view that ideas about the treatment of prisoners are so concerned. liable to change that it does not wish to be bound by the "The Government of New Zealand reserves the right obligations set out in paragraph 2 and paragraph 3 not to apply article 14 (6) to the extent that it is not (second sentence) of this article. satisfied by the existing system for ex gratia payments to "Article 12, paragraph 1 persons who suffer as a result of a miscarriage of justice. "The Kingdom of the Netherlands regards the "The Government of New Zealand having legislated in Netherlands and the Netherlands Antilles as separate the areas of the advocacy of national and racial hatred and territories of a State for the purpose of this provision. the exciting of hostility or ill will against any group of "Article 12, paragraphs 2 and 4 persons, and having regard to the right of freedom of "The Kingdom of the Netherlands regards the speech, reserves the right not to introduce further Netherlands and the Netherlands Antilles as separate legislation with regard to article 20. countries for the purpose of these provisions. "The Government of New Zealand reserves the right "Article 14, paragraph 3 (d) not to apply article 22 as it relates to trade unions to the "The Kingdom of the Netherlands reserves the extent that existing legislative measures, enacted to ensure statutory option of removing a person charged with a effective trade union representation and encourage orderly criminal offence from the court room in the interests of industrial relations, may not be fully compatible with that the proper conduct of the proceedings. article." "Article 14, paragraph 5 "The Kingdom of the Netherlands reserves the 35 statutory power of the Supreme Court of the Netherlands NORWAY to have sole jurisdiction to try certain categories of Subject to reservations to article 10, paragraph 2 (b) persons charged with serious offences committed in the and paragraph 3 "with regard to the obligation to keep discharge of a public office. accused juvenile persons and juvenile offenders "Article 14, paragraph 7 segregated from adults" and to article 14, paragraphs 5 "The Kingdom of the Netherlands accepts this and 7 and to article 20, paragraph 1. provision only insofar as no obligations arise from it [The Government of Norway declares that] the entry further to those set out in article 68 of the Criminal Code into force of an amendment to the Criminal Procedure of the Netherlands and article 70 of the Criminal Code of Act, which introduces the right to have a conviction the Netherlands Antilles as they now apply. They read: reviewed by a higher court in all cases, the reservation "1. Except in cases where court decisions are eligible made by the Kingdom of Norway with respect to article for review, no person may be prosecuted again for an 14, paragraph 5 of the Covenant shall continue to apply offence in respect of which a court in the Netherlands or only in the following exceptional circumstances: the Netherlands Antilles has delivered an irrevocable 1. "Riksrett" (Court of Impeachment) judgement. According to article 86 of the Norwegian Constitution, "2. If the judgement has been delivered by some other a special court shall be convened in criminal cases against court, the same person may not be prosecuted for the members of the Government, the Storting (Parliament) or same of fence in the case of (I) acquittal or withdrawal of the Supreme Court, with no right of appeal. proceeding or (II) conviction followed by complete 2. Conviction by an appellate court execution, remission or lapse of the sentence. In cases where the defendant has been acquitted in the "Article 19, paragraph 2 first instance, but convicted by an appellate court, the "The Kingdom of the Netherlands accepts the conviction may not be appealed on grounds of error in the provision with the proviso that it shall not prevent the assessment of evidence in relation to the issue of guilt. If Kingdom from requiring the licensing of broadcasting, the appellate court convicting the defendant is the television or cinema enterprises. Supreme Court, the conviction may not be appealed "Article 20, paragraph 1 whatsoever. "The Kingdom of the Netherlands does not accept the 36 obligation set out in this provision in the case of the PAKISTAN Netherlands." Reservation: "[The Kingdom of the Netherlands] clarify that “The Government of the Islamic Republic of Pakistan although the reservations [...] are partly of an reserves its right to attach appropriate reservations, make interpretational nature, [it] has preferred reservations to declarations and state its understanding in respect of interpretational declarations in all cases, since if the latter various provisions of the Covenant at the time of form were used doubt might arise concerning whether the ratification.” text of the Covenant allows for the interpretation put upon 37 it. By using the reservation form the Kingdom of the QATAR Netherlands wishes to ensure in all cases that the relevant obligations arising out of the Covenant will not apply to The State of Qatar does not consider itself bound by the Kingdom, or will apply only in the way indicated. the following provisions of the International Covenant on "...The Kingdom of the Netherlands, consisting, as per Civil and Political Rights for the below mentioned 10 October 2010, of the European part of the Netherlands, reasons: the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and 1. Article 3 with regard to provisions related to the Sint Maarten, regards these parts as separate territories for inheritance of power, for it contravenes the provisions of the purpose of Article 12, paragraph 1, and as separate article 8 of the Constitution. countries for the purpose of Article 12, paragraphs 2 and 4, of the Covenant." 2. Article 23.4, for it contravenes the Islamic Sharia. NEW ZEALAND "The Government of New Zealand reserves the right not to apply article 10 (2) (b) or article 10 (3) in 1. The State of Qatar shall interpret the term circumstances where the shortage of suitable facilities “punishment” in Article 7 of the Covenant in accordance makes the mixing of juveniles and adults unavoidable; with the applicable legislation of Qatar and the Islamic and further reserves the right not to apply article 10 (3) Sharia. where the interests of other juveniles in an establishment
IV 4. HUMAN RIGHTS 10 2. The State of Qatar shall interpret Article 18, participation by all States concerned without any paragraph 2, of the Covenant based on the understanding discrimination or limitation. that it does not contravene the Islamic Sharia. The State of Qatar reserves the right to implement such paragraph in accordance with such understanding. SAMOA Declarations: 3. The State of Qatar shall interpret that the term “The term “forced or compulsory labour” as appears “trade unions” and all related matters, as mentioned in in article 8 paragraph 3 of the International Covenant of Article 22 of the Covenant, are in line with the Labor Law Civil and Political Rights of 1966 shall be interpreted as and national legislation. The State of Qatar reserves the being compatible with that expressed in article 8 (2) (a) right to implement such article in accordance with such (b) (c) (d) of the Constitution of the Independent State of understanding. Samoa 1960, which stipulates that the “term forced or compulsory labour” shall include, (a) any work required 4. The State of Qatar shall interpret Article 23, to be done in consequence of a sentence of a Court; or (b) paragraph 2, of the Covenant in a manner that does not any service of a military character or, in the case of contravene the Islamic Sharia. The State of Qatar reserves conscientious objectors, service exacted instead of the right to implement such paragraph in accordance with compulsory military service; or (c) any service exacted in such understanding. case of an emergency or calamity threatening life or well- being of the community; or (d) any work or service which 5. The State of Qatar shall interpret Article 27 of is required by Samoan custom or which forms part of the Covenant that professing and practicing one's own normal civic obligations. religion require that they do not violate the rules of public The Government of the Independent State of Samoa order and public morals, the protection of public safe[t]y considers that article 10 paragraphs 2 and 3, which and public health, or the rights of and basic freedoms of provides that juvenile offenders shall be segregated from others. adults and accorded treatment appropriate to their age and legal status refers solely to the legal measures 38 incorporated in the system for the protection of minors, REPUBLIC OF KOREA which is addressed by the Young Offenders Act 2007 The Government of the Republic of Korea [declares] (Samoa).” that the provisions of [...], article 22 [...] of the Covenant 7 shall be so applied as to be in conformity with the SLOVAKIA provisions of the local laws including the Constitution of SWEDEN the Republic of Korea. Sweden reserves the right not to apply the provisions of article 10, paragraph 3, with regard to the obligation to ROMANIA segregate juvenile offenders from adults, the provisions of Upon signature:The Government of the Socialist article 14, paragraph 7, and the provisions of article 20, Republic of Romania declares that the provisions of paragraph 1, of the Covenant. article 48, paragraph 1, of the International Covenant on SWITZERLAND39 Civil and Political Rights are at variance with the principle that all States have the right to become parties to ... multilateral treaties governing matters of general (b) Reservation concerning article 12, paragraph 1: interest.Upon ratification:(a) The State Council of The right to liberty of movement and freedom to the Socialist Republic of Romania considers that the choose one's residence is applicable, subject to the federal provisions of article 48 (1) of the International Covenant laws on aliens, which provide that residence and on Civil and Political Rights are inconsistent with the establisment permits shall be valid only for the canton principle that multilateral international treaties whose which issues them. purposes concern the international community as a whole ... must be open to universal participation.(b) The State (f) Reservation concerning article 20: Council of the Socialist Republic of Romania considers Switzerland reserves the right not to adopt further that the maintenance in a state of dependence of certain measures to ban propaganda for war, which is prohibited territories referred to in article 1 (3) of the International by article 20, paragraph 1. Covenant on Civil and Political Rights is inconsistent ... with the Charter of the United Nations and the (g) Reservation concerning article 25, instruments adopted by the Organization on the granting subparagraph (b): of independence to colonial countries and peoples, The present provision shall be applied without including the Declaration on Principles of International prejudice to the cantonal and communal laws, which Law concerning Friendly Relations and Co-operation provide for or permit elections within assemblies to be among States in accordance with the Charter of the held by a means other than secret ballot. United Nations, adopted unanimously by the United (h) Reservation concerning article 26: Nations General Assembly in its resolution 2625 (XXV) The equality of all persons before the law and their of 1970, which solemnly proclaims the duty of States to entitlement without any discrimination to the equal promote the realization of the principle of equal rights and protection of the law shall be guaranteed only in self-determination of peoples in order to bring a speedy connection with other rights contained in the present end to colonialism. Covenant. RUSSIAN FEDERATION SYRIAN ARAB REPUBLIC The Union of Soviet Socialist Republics declares that [See chapter IV.3.] the provisions of paragraph 1 of article 26 of the International Covenant on Economic, Social and Cultural THAILAND40 Rights and of paragraph 1 of article 48 of the International Covenant on Civil and Political Rights, under which a "The Government of Thailand declares that: number of States cannot become parties to these 1. The term "self-determination" as Covenants, are of a discriminatory nature and considers appears in article 1, paragraph 1, of the Covenant shall be that the Covenants, in accordance with the principle of interpreted as being compatible with that expressed in the sovereign equality of States, should be open for
IV 4. HUMAN RIGHTS 11 Vienna Declaration and Programme of Action, adopted by where the Constitution and the legal and administrative the World Conference on Human Rights on 25 June 1993. order of the Republic of Turkey are applied. 2. [Withdrawn] The Republic of Turkey reserves the right to interpret 3. [Withdrawn] and apply the provisions of Article 27 of the International 4. With respect to article 20 of the Covenant on Civil and Political Rights in accordance with Covenant, the term "war" appearing in paragraph 1 is the related provisions and rules of the Constitution of the understood by Thailand to mean war in contravention of Republic of Turkey and the Treaty of Lausanne of 24 July international law." 1923 and its Appendixes.
TRINIDAD AND TOBAGO41 UKRAINE (i) The Government of the Republic of The Ukrainian Soviet Socialist Republic declares that Trinidad and Tobago reserves the right not to apply in full the provisions of paragraph 1 of article 26 of the the provision of paragraph 2 of article 4 of the Covenant International Covenant on Economic, Social and Cultural since section 7 (3) of its Constitution enables Parliament Rights and of paragraph 1 of article 48 of the International to enact legislation even though it is inconsistent with Covenant on Civil and Political Rights, under which a sections (4) and (5) of the said Constitution; number of States cannot become parties to these (ii) Where at any time there is a lack of Covenants, are of a discriminatory nature and considers suitable prison facilities, the Government of the Republic that the Covenants, in accordance with the principle of of Trinidad and Tobago reserves the right not to apply sovereign equality of States, should be open for article 10 (2) (b) and 10 (3) so far as those provisions participation by all States concerned without any require juveniles who are detained to be accommodated discrimination or limitation. separately from adults; (iii) The Government of the Republic of Trinidad and Tobago reserves the right not to apply UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN paragraph 2 of article 12 in view of the statutory IRELAND42 provisions requiring persons intending to travel abroad to "First, the Government of the United Kingdom declare furnish tax clearance certificates; their understanding that, by virtue of Article 103 of the (iv) The Government of the Republic of Charter of the United Nations, in the event of any conflict Trinidad and Tobago reserves the right not to apply between their obligations under Article 1 of the Covenant paragraph 5 of article 14 in view of the fact that section and their obligations under the Charter (in particular, 43 of its Supreme Court of Judicature Act No. 12 of 1962 under Articles 1, 2 and 73 thereof) their obligations under does not confer on a person convicted on indictment an the Charter shall prevail. unqualified right of appeal and that in particular cases, "Secondly, the Government of the United Kingdom appeal to the Court of Appeal can only be done with the declare that: leave of the Court of Appeal itself or of the Privy "(a) In relation to Article 14 of the Covenant, they Council; must reserve the right not to apply, or not to apply in full, (v) While the Government of the Republic the guarantee of free legal assistance contained in sub- of Trinidad and Tobago accepts the principle of paragraph (d) of paragraph 3 in so far as the shortage of compensation for wrongful imprisonment, it is not legal practitioners and other considerations render the possible at this time to implement such a principle in application of this guarantee in British Honduras, Fiji and accordance with paragraph 6 of article 14 of the St. Helena impossible; Covenant; "(b) In relation to Article 23 of the Covenant, they (vi) With reference to the last sentence of must reserve the right not to apply the first sentence of paragraph 1 of article 15-"If, subsequent to the paragraph 4 in so far as it concerns any inequality which commission of the offence, provision is made by law for may arise from the operation of the law of domicile; the imposition of a lighter penalty, the offender shall "(c) In relation to Article 25 of the Covenant, they benefit thereby", the Government of the Republic of must reserve the right not to apply: Trinidad and Tobago deems this provision to apply "(i) Sub-paragraph (b) in so far as it may require the exclusively to cases in progress. Consequently, a person establishment of an elected legislature in Hong Kong and who has already been convicted by a final decision shall the introduction of equal suffrage, as between different not benefit from any provision made by law, subsequent electoral rolls, for elections in Fiji; and to that decision, for the imposition of a lighter penalty. "(ii) Sub-paragraph (c) in so far as it applies to jury (vii) The Government of the Republic of service in the Isle of Man and to the employment of Trinidad and Tobago reserves the right to impose lawful married women in the Civil Service of Northern Ireland, and or reasonable restrictions with respect to the right of Fiji, and Hong Kong. assembly under article 21 of the Covenant; "Lastly, the Government of the United Kingdom (viii) The Government of the Republic of declare that the provisions of the Covenant shall not apply Trinidad and Tobago reserves the right not to apply the to Southern Rhodesia unless and until they inform the provision of article 26 of the Covenant in so far as it Secretary-General of the United Nations that they are in a applies to the holding of property in Trinidad and Tobago, position to ensure that the obligations imposed by the in view of the fact that licences may be granted to or Covenant in respect of that territory can be fully withheld from aliens under the Aliens Landholding Act of implemented." Trinidad and Tobago. "Firstly the Government of the United Kingdom maintain their declaration in respect of article 1 made at TURKEY the time of signature of the Covenant. "The Government of the United Kingdom reserve the The Republic of Turkey declares that; it will right to apply to members of and persons serving with the implement its obligations under the Covenant in armed forces of the Crown and to persons lawfully accordance to the obligations under the Charter of the detained in penal establishments of whatever character United Nations (especially Article 1 and 2 thereof). such laws and procedures as they may from time to time The Republic of Turkey declares that it will deem to be necessary for the preservation of service and implement the provisions of this Covenant only to the custodial discipline and their acceptance of the provisions States with which it has diplomatic relations. of the Covenant is subject to such restrictions as may for The Republic of Turkey declares that this Convention these purposes from time to time be authorised by law. is ratified exclusively with regard to the national territory
IV 4. HUMAN RIGHTS 12 "Where at any time there is a lack of suitable prison protected by the Constitution and laws of the United facilities or where the mixing of adults and juveniles is States. deemed to be mutually beneficial, the Government of the "(2) That the United States reserves the United Kingdom reserve the right not to apply article 10 right, subject to its Constitutional constraints, to impose (2) (b) and 10 (3), so far as those provisions require capital punishment on any person (other than a pregnant juveniles who are detained to be accommodated woman) duly convicted under existing or future laws separately from adults, and not to apply article 10 (2) (a) permitting the imposition of capital punishment, including in Gibraltar, Montserrat and the Turks and Caicos Islands such punishment for crimes committed by persons below in so far as it requires segregation of accused and eighteen years of age. convicted persons. "(3) That the United States considers itself "The Government of the United Kingdom reserve the bound by article 7 to the extent that `cruel, inhuman or right to interpret the provisions of article 12 (1) relating to degrading treatment or punishment' means the cruel and the territory of a State as applying separately to each of unusual treatment or punishment prohibited by the Fifth, the territories comprising the United Kingdom and its Eighth, and/or Fourteenth Amendments to the dependencies. Constitution of the United States. "The Government of the United Kingdom reserve the "(4) That because U.S. law generally applies right to continue to apply such immigration legislation to an offender the penalty in force at the time the offence governing entry into, stay in and departure from the was committed, the United States does not adhere to the United Kingdom as they may deem necessary from time third clause of paragraph 1 of article 15. to time and, accordingly, their acceptance of article 12 (4) "(5) That the policy and practice of the and of the other provisions of the Covenant is subject to United States are generally in compliance with and the provisions of any such legislation as regards persons supportive of the Covenant's provisions regarding not at the time having the right under the law of the treatment of juveniles in the criminal justice system. United Kingdom to enter and remain in the United Nevertheless, the United States reserves the right, in Kingdom. The United Kingdom also reserves a similar exceptional circumstances, to treat juveniles as adults, right in regard to each of its dependent territories. notwithstanding paragraphs 2 (b) and 3 of article 10 and "The Government of the United Kingdom reserve the paragraph 4 of article 14. The United States further right not to apply article 13 in Hong Kong in so far as it reserves to these provisions with respect to States with confers a right of review of a decision to deport an alien respect to individuals who volunteer for military service and a right to be represented for this purpose before the prior to age 18." competent authority. "(1) That the Constitution and laws of the "The Government of the United Kingdom reserve the United States guarantee all persons equal protection of the right not to apply or not to apply in full the guarantee of law and provide extensive protections against free legal assistance in sub-paragraph (d) of paragraph 3 discrimination. The United States understands distinctions of article 14 in so far as the shortage of legal practitioners based upon race, colour, sex, language, religion, political renders the application of this guarantee impossible in the or other opinion, national or social origin, property, birth British Virgin Islands, the Cayman Islands, the Falkland or any other status - as those terms are used in article 2, Islands, the Gilbert Islands, the Pitcairn Islands Group, St. paragraph 1 and article 26 - to be permitted when such Helena and Dependencies and Tuvalu. distinctions are, at minimum, rationally related to a "The Government of the United Kingdom interpret legitimate governmental objective. The United States article 20 consistently with the rights conferred by articles further understands the prohibition in paragraph 1 of 19 and 21 of the Covenant and having legislated in article 4 upon discrimination, in time of public matters of practical concern in the interests of public emergency, based `solely' on the status of race, colour, order (ordre public) reserve the right not to introduce sex, language, religion or social origin, not to bar any further legislation. The United Kingdom also reserve distinctions that may have a disproportionate effect upon a similar right in regard to each of its dependent persons of a particular status. territories. "(2) That the United States understands the "The Government of the United Kingdom reserve the right to compensation referred to in articles 9 (5) and 14 right to postpone the application of paragraph 3 of article (6) to require the provision of effective and enforceable 23 in regard to a small number of customary marriages in mechanisms by which a victim of an unlawful arrest or the Solomon Islands. detention or a miscarriage of justice may seek and, where "The Government of the United Kingdom reserve the justified, obtain compensation from either the responsible right to enact such nationality legislation as they may individual or the appropriate governmental entity. deem necessary from time to time to reserve the Entitlement to compensation may be subject to the acquisition and possession of citizenship under such reasonable requirements of domestic law. legislation to those having sufficient connection with the "(3) That the United States understands the United Kingdom or any of its dependent territories and reference to `exceptional circumstances' in paragraph 2 accordingly their acceptance of article 24 (3) and of the (a) of article 10 to permit the imprisonment of an accused other provisions of the Covenant is subject to the person with convicted persons where appropriate in light provisions of any such legislation. of an individual's overall dangerousness, and to permit "The Government of the United Kingdom reserve the accused persons to waive their right to segregation from right not to apply sub-paragraph (b) of article 25 in so far convicted persons. The United States further understands as it may require the establishment of an elected that paragraph 3 of article 10 does not diminish the goals Executive or Legislative Council in Hong Kong [...]. of punishment, deterrence, and incapacitation as "Lastly, the Government ofhe United Kingdom additional legitimate purposes for a penitentiary system. declare that the provisions of the Covenant shall not apply "(4) That the United States understands that to Southern Rhodesia unless and until they inform the subparagraphs 3 (b) and (d) of article 14 do not require Secretary-General of the United Nations that they are in a the provision of a criminal defendant's counsel of choice position to ensure that the obligations imposed by the when the defendant is provided with court-appointed Covenant in respect of that territory can be fully counsel on grounds of indigence, when the defendant is implemented." financially able to retain alternative counsel, or when imprisonment is not imposed. The United States further UNITED STATES OF AMERICA understands that paragraph 3 (e) does not prohibit a "(1) That article 20 does not authorize or requirement that the defendant make a showing that any require legislation or other action by the United States witness whose attendance he seeks to compel is necessary that would restrict the right of free speech and association for his defense. The United States understands the
IV 4. HUMAN RIGHTS 13 prohibition upon double jeopardy in paragraph 7 to apply would permit certain restrictions on the freedom of only when the judgment of acquittal has been rendered by expression. The United States declares that it will a court of the same governmental unit, whether the continue to adhere to the requirements and constraints of Federal Government or a constituent unit, as is seeking a its Constitution in respect to all such restrictions and new trial for the same cause. limitations. "(5) That the United States understands that "(3) That the United States declares that the this Covenant shall be implemented by the Federal right referred to in article 47 may be exercised only in Government to the extent that it exercises legislative and accordance with international law." judicial jurisdiction over the matters covered therein, and otherwise by the state and local governments; to the extent that state and local governments exercise VENEZUELA (BOLIVARIAN REPUBLIC OF) jurisdiction over such matters, the Federal Government Article 60, paragraph 5, of the Constitution of the shall take measures appropriate to the Federal system to Republic of Venezuela establishes that: "No person shall the end that the competent authorities of the state or local be convicted in criminal trial unless he has first been governments may take appropriate measures for the personally notified of the charges and heard in the manner fulfillment of the Covenant." prescribed by law. Persons accused of an offence against "(1) That the United States declares that the the res publica may be tried in ab- sentia , with the provisions of articles 1 through 27 of the Covenant are not guarantees and in the manner prescribed by law". self-executing. Venezuela is making this reservation because article 14, "(2) That it is the view of the United States paragraph 3 (d), of the Covenant makes no provision for that States Party to the Covenant should wherever persons accused of an offence against the res publica to possible refrain from imposing any restrictions or be tried in absentia . limitations on the exercise of the rights recognized and protected by the Covenant, even when such restrictions and limitations are permissible under the terms of the VIET NAM Covenant. For the United States, article 5, paragraph 2, [See chapter IV.3.] which provides that fundamental human rights existing in any State Party may not be diminished on the pretext that 43 the Covenant recognizes them to a lesser extent, has YEMEN particular relevance to article 19, paragraph 3 which [See chapter IV.3.]
Objections (Unless otherwise indicated, the objections were made upon ratification, accession or succession.)
For the above reasons, the Government of Australia AUSTRALIA objects to the aforesaid reservation made by the Republic "The Government of Australia considers that the of Maldives to the International Covenant on Civil and reservation with respect to article 18 of the Covenant is a Political Rights and expresses the hope that the Republic reservation incompatible with the object and purpose of of Maldives will soon be able to withdraw its reservation the Covenant. in light of the ongoing process of a revision of the The Government of the Australia recalls that, Maldivian Constitution. according to customary international law as codified in This objection shall not preclude the entry into force the Vienna Convention on the Law of Treaties, a of the Covenant between Australia and the Republic of reservation incompatible with the object and purpose of a Maldives." treaty is not permitted. It is in the common interest of States that treaties to “The Government of Australia has examined the which they have chosen to become party are respected, as reservation made by The Islamic Republic of Pakistan to to their object and purpose, by all parties and that States the International Covenant on Civil and Political Rights are prepared to undertake any legislative changes and now hereby objects to the same for and on behalf of necessary to comply with their obligations under the Australia: treaties. The Government of Australia considers that the Furthermore, the Government of Australia considers reservations by the Islamic Republic of Pakistan are that the Republic of Maldives, through this reservation, is incompatible with the object and purpose of the purporting to make the application of the International International Covenant on Civil and Political Rights Covenant on Civil and Political Rights subject to the (Covenant). provisions of constitutional law in force in the Republic The Government of Australia recalls that, according to of Maldives. As a result, it is unclear to what extent the customary international law as codified in the Vienna Republic of Maldives considers itself bound by the Convention on the Law of Treaties, a reservation obligations of the Covenant and therefore raises concerns incompatible with the object and purpose of a treaty is not as to the commitment of the Republic of Maldives to the permitted. object and purpose of the Covenant. It is in the common interest of States that treaties to The Government of Australia considers that the which they have chosen to become party are respected, as reservation with respect to article 18 of the Covenant is to their object and purpose, by all parties and that States subject to the general principle of treaty interpretation, are prepared to undertake any legislative changes pursuant to Article 27 of the Vienna Convention on the necessary to comply with their obligations under the Law of Treaties, according to which a party may not treaties. invoke the provisions of its internal law as justification Furthermore, the Government of Australia considers for its failure to perform a treaty. that The Islamic Republic of Pakistan, through its Further, the Government of Australia recalls that reservations, is purporting to make the application of the according to article 4 (2) of the Covenant, no derogation Covenant subject to the provisions of general domestic of article 18 is permitted. law in force in The Islamic Republic of Pakistan. As a
IV 4. HUMAN RIGHTS 14 result, it is unclear to what extent The Islamic Republic of reservations do not clearly define for the other States Pakistan considers itself bound by the obligations of the Parties to the Covenant the extent to which the reserving Covenant and therefore raises concerns as to the State has accepted the obligations of the Covenant. commitment of The Islamic Republic of Pakistan to the The Government of Austria therefore considers the object and purpose of the Covenant. reservations of the Islamic Republic of Pakistan to The Government of Australia considers that the Articles 3, 6, 7, 18 and 19; further to Articles 12, 13 and reservations to the Covenant are subject to the general 25 incompatible with the object and purpose of the principle of treaty interpretation, pursuant to Article 27 of Covenant and objects to them. the Vienna Convention of the Lawof Treaties, according Austria further considers that the Committee provided to which a party may not invoke the provisions of its for in Article 40 of the Covenant has a pivotal role in the internal law as justification for its failure to perform a implementation of the Covenant. The exclusion of the treaty. competence of the Committee is not provided for in the Further, the Government of Australia recalls that Covenant and in Austria’s views incompatible with the according to article 4 (2) of the Covenant, no derogation object and purpose of the Covenant. Austria therefore of article 18 is permitted. objects to this reservation. For the above reasons, the Government of Australia These objections shall not preclude the entry into force objects to the aforesaid reservations made by The Islamic of the Covenant between Austria and the Islamic Republic Republic of Pakistan to the Covenant and expresses the of Pakistan.” hope that the Islamic Republic of Pakistan will withdraw its reservations. “The Government of Austria has carefully examined This objection shall not preclude the entry into force the reservations and statements made by the State of of the Covenant between Australia and The Islamic Qatar upon accession to the International Covenant on Republic of Pakistan.” Civil and Political Rights. AUSTRIA Austria considers statements 1, 2, 3 and 4 to amount to "The Government of Austria has carefully examined reservations as they aim at applying provisions of the the reservation made by the Government of the Republic Covenant only in conformity with national legislation or of Maldives on 19 September 2006 in respect of Article the Islamic sharia. However, the Covenant is to be applied 18 of the International Covenant on Civil and Political in accordance with international law, not only in Rights. accordance with the legislation of a particular state. The Government of Austria is of the opinion that reservations which consist in a general reference to a By referring to its national legislation or to the Islamic system of norms (like the constitution of the legal order of sharia, Qatar’s reservations to Articles 7, 18.2, 22, 23.2 the reserving State) without specifying the contents and 23.4 of the Covenant are of a general and thereof leave it uncertain to which extent that State indeterminate scope. These reservations do not clearly accepts to be bound by the obligations under the treaty. define for the other States Parties the extent to which the Moreover, those norms may be subject to changes. reserving state has accepted the obligations of the The reservation made by the Republic of Maldives is Covenant. Furthermore, the reservation to Article 23.4 therefore not sufficiently precise to make it possible to contravenes Article 3 of the Covenant, one of its most determine the restrictions that are introduced into the central provisions. agreement. The Government of Austria is therefore of the opinion that the reservation is capable of contravening the Austria therefore considers the reservations to be object and purpose of the Covenant. incompatible with the object and purpose of the Covenant The Government of Austria therefore regards the and objects to them. This objection shall not preclude the above-mentioned reservation incompatible with the object entry into force of the Covenant between the Republic of and purpose of the Covenant. This objection shall not Austria and the State of Qatar. The Covenant will thus preclude the entry into force of the Covenant between the become operative between the two states without Qatar Republic of Austria and the Republic of Maldives." benefitting from the aforementioned reservations.” “The Government of Austria has examined the reservation made by the Government of the Lao People’s Democratic Republic to Article 22 of the International BELGIUM Covenant on Civil and Political Rights at the time of its [The Belgian Government] wishes to observe that the ratification. sphere of application of article 11 is particularly In the view of Austria a reservation should clearly restricted. In fact, article 11 prohibits imprisonment only define for the other States Parties to the Covenant the when there is no reason for resorting to it other than the extent to which the reserving State has accepted the fact that the debtor is unable to fulfil a contractual obligations of the Covenant. A reservation which consists obligation. Imprisonment is not incompatible with article of a general reference to constitutional provisions without 11 when there are other reasons for imposing this penalty, specifying its implications does not do so. The for example when the debtor, by acting in bad faith or Government of Austria therefore objects to the through fraudulent manoeuvres, has placed himself in the reservation made by the Government of the Lao People’s position of being unable to fulfil his obligations. This Democratic Republic. interpretation of article 11 can be confirmed by reference This objection shall not preclude the entry into force to the travaux préparatoires (see document A/2929 of 1 of the Covenant between Austria and the Lao People’s July 1955). Democratic Republic.” After studying the explanations provided by the Congo “The Government of Austria has examined the concerning its reservation, [the Belgian Government] has reservations made by the Islamic Republic of Pakistan provisionally concluded that this reservation is upon ratification of the International Covenant on Civil unnecessary. It is its understanding that the Congolese and Political Rights (ICCPR). legislation authorizes imprisonment for debt when other The Government of Austria considers that in aiming to means of enforcement have failed when the amount due exclude the application of those provisions of the exceeds 20,000 CFA francs and when the debtor, between Covenant which are deemed incompatible with the 18 and 60 years of age, makes himself insolvent in bad Constitution of Pakistan, Sharia laws and certain national faith. The latter condition is sufficient to show that there laws, the Islamic Republic of Pakistan has made is no contradiction between the Congolese legislation and reservations of general and indeterminate scope. These the letter and the spirit of article 11 of the Covenant.
IV 4. HUMAN RIGHTS 15 By virtue of article 4, paragraph 2, of the Consequently, Belgium objects to the reservations aforementioned Covenant, article 11 is excluded from the formulated by Pakistan with respect to Articles 3, 6, 7, 12, sphere of application of the rule which states that in the 13, 18, 19, 25 and 40 of the International Covenant on event of an exceptional public emergency, the States Civil and Political Rights. Parties to the Covenant may, in certain conditions, take This objection shall not preclude the entry into force measures derogating from their obligations under the of the Covenant between the Kingdom of Belgium and Covenant. Article 11 is one of the articles containing a Pakistan. provision from which no derogation is permitted in any The Kingdom of Belgium has carefully examined the circumstances. Any reservation concerning that article reservations and declarations made by the State of Qatar would destroy its effects and would therefore be in upon its accession, on 21 May 2018, to the International contradiction with the letter and the spirit of the Covenant on Civil and Political Rights. Covenant. Reservations to articles 3 and 23 (4), as well as Consequently, and without prejudice to its firm declarations 1 to 4 relating to articles 7, 18 (2), 22 and 23 beliefthat Congolese law is in complete conformity with (2), makes the provisions of the Covenant subject to their the provisions of article 11 of the Covenant, [the Belgian compatibility with Sharia or with the national legislation. Government] fears that the reservation made by the The Kingdom of Belgium considers that these Congo may, by reason of its very principle, constitute a reservations and declarations tend to limit the precedent which might have considerable effects at the responsibility of the State of Qatar under the Covenant by international level. means of a general reference to the rules of national law [The Belgian Government] therefore hopes that this and Sharia Law. This creates an uncertainty as to the reservation will be withdrawn and, as a precautionary extent to which the State of Qatar intends to fulfil its measure, wishes to raise an objection to that reservation. obligations under the Covenant and raises doubts about The Government of Belgium wishes to raise an the State of Qatar's compliance with the object and objection to the reservation made by the United States of purpose of the Covenant. America regarding article 6, paragraph 5, of the The Kingdom of Belgium recalls that under article 19 Covenant, which prohibits the imposition of the sentence of the Vienna Convention on the law of treaties, a State of death for crimes committed by persons below 18 years cannot make a reservation incompatible with the object of age. and purpose of a treaty. Moreover, article 27 of the The Government of Belgium considers the reservation Vienna Convention on the law of treaties stipulates that a to be incompatible with the provisions and intent of party may not invoke the provisions of its internal law as article 6 of the Covenant which, as is made clear by justifying the non-fulfilment of a treaty. article 4, paragraph 2, of the Covenant, establishes Accordingly, the Kingdom of Belgium objects to the minimum measures to protect the right to life. reservations made by the State of Qatar with regard to The expression of this objection does not constitute an articles 3 and 23 (4) and to the declarations made by it in obstacle to the entry into force of the Covenant between respect of articles 7, 18 (2), 22 and 23 (2) of the Belgium and the United States of America. International Covenant on Civil and Political Rights. The Kingdom of Belgium specifies that this objection Belgium has carefully examined the reservations made does not preclude the entry into force of the International by Pakistan upon accession on 23 June 2010 to the Covenant on Civil andPolitical Rights between the International Covenant on Civil and Political Rights. Kingdom of Belgium and the State of Qatar. The vagueness and general nature of the reservations made by Pakistan with respect to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the International Covenant on Civil and CANADA Political Rights may contribute to undermining the bases "The Government of Canada has carefully examined of international human rights treaties. the reservation made by the Government of the Maldives The reservations make the implementation of the upon acceding to the International Covenant on Civil and Covenant’s provisions contingent upon their compatibility Political Rights, in accordance with which the with the Islamic Sharia and/or legislation in force in "application of the principles set out in Article 18 of the Pakistan. This creates uncertainty as to which of its Covenant shall be without prejudice to the Constitution of obligations under the Covenant Pakistan intends to the Republic of Maldives". observe and raises doubts as to Pakistan’s respect for the The Government of Canada considers that a object and purpose of the Covenant. reservation which consists of a general reference to As to the reservation made with respect to Article 40, national law constitutes, in reality, a reservation with a Belgium emphasizes that the object and purpose of the general, indeterminate scope, such that it makes it Covenant are not only to confer rights upon individuals, impossible to identify the modifications to obligations thereby imposing corresponding obligations on States, but under the Covenant, which it purports to introduce and it also to establish an effective mechanism for monitoring does not clearly define for the other States Parties to the obligations under the Covenant. Convention the extent to which the reserving State has It is in the common interest for all parties to respect accepted the obligations of the Covenant. the treaties to which they have acceded and for States to The Government of Canada notes that the reservation be willing to enact such legislative amendments as may made by the Government of the Maldives which be necessary in order to fulfil their treaty obligations. addresses one of the most essential provisions of the Belgium also notes that the reservations concern a Covenant, to which no derogation is allowed according to fundamental provision of the Covenant. article 4 of the Covenant, is in contradiction with the Consequently, Belgium considers the reservations to object and purpose of the Covenant. The Government of be incompatible with the object and purpose of the Canada therefore objects to the aforesaid reservation Covenant. made by the Government of the Maldives. Belgium notes that under customary international law, This objection does not preclude the entry into force in as codified in the Vienna Convention on the Law of its entirety of the Covenant between Canada and the Treaties, a reservation incompatible with the object and Maldives." purpose of a treaty is not permitted (article 19 (c)). Furthermore, under Article 27 of the Vienna “The Government of Canada has carefully examined Convention on the Law of Treaties, a party may not the reservations made by the Government of the Islamic invoke the provisions of its internal law as justification Republic of Pakistan upon ratification of the International for its failure to perform a treaty. Covenant on Civil and Political Rights, which declare that:
IV 4. HUMAN RIGHTS 16 “the provisions of Articles 3, 6, 7, 18 and 19 shall be Covenant, and thus inadmissible under Article 19 (c) of so applied to the extent that they are not repugnant to the the Vienna Convention on the Law of Treaties. Provisions of the Constitution of Pakistan and the Sharia The Government of Canada notes that the declarations laws”; made by the Government of Qatar aim at applying a “the provisions of Article 12 shall be so applied as to provision of the Covenant only in conformity with be in conformity with the Provisions of the Constitution domestic law or Islamic Sharia. However, the Covenant is of Pakistan”; to be applied in accordance with international law. The “With respect to Article 13, the Government of the Government of Canada considers that these declarations Islamic Republic of Pakistan reserves its right to apply its are reservations in disguise, incompatible with the object law relating to foreigners”; and purpose of the Covenant, and thus inadmissible under “the provisions of Article 25 shall be so applied to the article 19 (c) of the Vienna Convention on the Law of extent that they are not repugnant to the Provisions of the Treaties. Constitution of Pakistan”; and the Government of the It is in the common interest of States that the treaties Islamic Republic of Pakistan “does not recognize the to which they have chosen to become Party are respected competence of the Committee provided for in Article 40 as to their object and purpose by all Parties and that States of the Covenant”. are prepared to undertake any legislative changes The Government of Canada considers that reservations necessary to comply with their obligations under the which consist of a general reference to national law or to treaties. the prescriptions of the Islamic Sharia constitute, in The Government of Canada therefore objects to the reality, reservations with a general, indeterminate scope. reservations and declarations made by the Government of This makes it impossible to identify the modifications to Qatar. This objection does not preclude the entry into obligations under the Covenant that each reservation force in its entirety of the Covenant between Canada and purports to introduce and impossible for the other States Qatar.” Parties to the Covenant to know the extent to which Pakistan has accepted the obligations of the Covenant, an CYPRUS uncertainty which is unacceptable, especially in the ".....the Government of the Republic of Cyprus has context of treaties related to human rights. examined the declaration made by the Government of the The Government of Canada further considers that the Republic of Turkey to the International Covenant on Civil competence of the Committee to receive, study and and Political Rights (New York, 16 December 1966) on comment on the reports submitted by States Parties as 23 September 2003, in respect of the implementation of provided for in Article 40 of the Covenant is essential to the provisions of the Convention only to the States Parties the implementation of the Covenant. Through its function which it recognizes and with which it has diplomatic and its activity, the Human Rights Committee plays an relations. essential role in monitoring the fulfillment of the In the view of the Government of the Republic of obligations of the States Parties to the Convention. Cyprus, this declaration amounts to a reservation. This Participation in the reporting mechanism outlined in reservation creates uncertainty as to the States Parties in Article 40, which is aimed at encouraging more effective respect of which Turkey is undertaking the obligations in implementation by States Parties of their treaty the Covenant, and raises doubt as to the commitment of obligations, is standard practice of States Parties to the Turkey to the object and purpose of the said Covenant. Covenant. The Government of the Republic of Cyprus therefore The Government of Canada notes that the reservations objects to the reservation made by the Government of the made by the Government of the Islamic Republic of Republic of Turkey to the International Covenant on Civil Pakistan, addressing many of the most essential and Political Rights. provisions of the Covenant, and aiming to exclude the This reservation or the objection to it shall not obligations under those provisions, are incompatible with preclude the entry into force of the Covenant between the the object and purpose of the Covenant, and thus Republic of Cyprus and the Republic of Turkey." inadmissible under Article 19(c) of the Vienna Convention on the Law of Treaties. In addition, Articles 7 6, 7 and 18 of the Covenant are among the provisions CZECH REPUBLIC from which no derogation is allowed, according to Article "The Government of the Czech Republic has carefully 4 of the Covenant. The Government of Canada therefore examined the contents of the reservation made by the objects to the aforesaid reservations made by the Republic of Maldives upon accession to the International Government of the Islamic Republic of Pakistan. Covenant on Civil and Political Rights, adopted on 16 This objection does not preclude the entry into force in December 1966, in respect of Article 18 thereof. its entirety of the Covenant between Canada and the The Government of the Czech Republic is of the Islamic Republic of Pakistan.” opinion that the aforementioned reservation is in “The Government of Canada has carefully examined contradiction with the general principle of treaty the reservations and declarations made by the interpretation according to which a State party to a treaty Government of Qatar upon ratification of the International may not invoke the provisions of its internal law as Covenant on Civil and Political Rights. justification for failure to perform according to the The Government of Canada considers that reservations obligations set out by the treaty. Furthermore, the consisting of a general reference to national law or to the reservation consists of a general reference to the prescriptions of the Islamic Sharia constitute. in reality Constitution without specifying its content and as such reservations with a general, indeterminate scope. This does not clearly define to other Parties to the Covenant makes it impossible to identify the modifications to the extent to which the reserving State commits itself to obligations under the Covenant that the reservation the Covenant. purports to introduce. With such a reservation, the other The Government of the Czech Republic recalls that it States Parties to the Covenant do not know the extent to is in the common interest of States that treaties to which which the reserving State has accepted the obligations of they have chosen to become party are respected, as to the Covenant. This uncertainty is unacceptable, especially their object and purpose, by all parties and that States are in the context of treaties related to human rights. prepared to undertake any legislative changes necessary The Government of Canada notes that the reservations to comply with their obligations under the treaties. made by the Government of Qatar, which address some of According to customary international law as codified in the most essential provisions of the Covenant and aim to the Vienna Convention on the Law of Treaties, a exclude or limit the obligations under those provisions, reservation that is incompatible with the object and are incompatible with the object and purpose of the purpose of a treaty shall not be permitted.
IV 4. HUMAN RIGHTS 17 The Government of the Czech Republic therefore objects to the aforesaid reservation made by the Republic of Maldives to the Covenant. This objection shall not preclude the entry into force of the Covenant between the DENMARK Czech Republic and the Republic of Maldives, without "Having examined the contents of the reservations the Republic of Maldives benefiting from its made by the United States of America, Denmark would reservation.". like to recall article 4, para 2 of the Covenant according to which no derogation from a number of fundamental “The Czech Republic believes that the reservations of articles, inter alia 6 and 7, may be made by a State Party Pakistan made to Articles 3, 6, 7, 12, 13, 18, 19, 25 and even in time of public emergency which threatens the life 40 of the Covenant, if put into practice, would result in of the nation. weakening of the relevant human rights, which is contrary In the opinion of Denmark, reservation (2) of the to the object and purpose of the Covenant. Furthermore, United States with respect to capital punishment for Pakistan supports these reservations by references to its crimes committed by persons below eighteen years of age domestic law, which is, in the opinion of the Czech as well as reservation (3) with respect to article 7 Republic, unacceptable under customary international constitute general derogations from articles 6 and 7, while law, as codified in Article 27 of the Vienna Convention according to article 4, para 2 of the Covenant such on the Law of Treaties. Finally, the reservations to derogations are not permitted. Articles 3, 6, 7, 18 and 19 that refer to the notions such as Therefore, and taking into account that articles 6 and 7 “Sharia law” and “Provisions of the Constitution of are protecting two of the most basic rights contained in Pakistan”; the reservations to Articles 12 and 25 that refer the Covenant, the Government of Denmark regards the to the notions such as “law relating to foreigners” without said reservations incompatible with the object and specifying its contents, do not clearly define for the other purpose of the Covenant, and consequently Denmark States Parties to the Covenant the extent to which the objects to the reservations. reserving State has accepted the obligations under the These objections do not constitute an obstacle to the Covenant. entry into force of the Covenant between Denmark and It is in the common interest of States that treaties to the United States. which they have chosen to become parties are respected "The Government of Denmark has examined the as to their object and purpose, by all parties, and that contents of the reservations made by the Government of States are prepared to undertake any legislative changes Botswana to the International Covenant on Civil and necessary to comply with their obligations under the Political Rights. The reservations refer to legislation in treaties. According to Article 28 paragraph 2 of the force in Botswana as regards the scope of application of Convention and according to customary international law two core provisions of the Covenant, Articles 7 and 12 as codified in the Vienna Convention on the Law of para.3. The Government of Denmark considers that the Treaties, a reservation that is incompatible with the object reservations raise doubts as to the commitment of and purpose of a treaty shall not be permitted. Botswana to fulfill her obligations under the Covenant The Czech Republic, therefore, objects to the aforesaid and are incompatible with the object and purpose of the reservations made by Pakistan to the Covenant. This Covenant. objection shall not preclude the entry into force of the For these reasons, the Government of Denmark Convention between the Czech Republic and Pakistan. objects to these reservations made by the Government of The Covenant enters into force in its entirety between the Botswana. This objection does not preclude the entry into Czech Republic and Pakistan, without Pakistan benefiting force of the Covenant in its entirety between Botswana from its reservation.” and Denmark without Botswana benefiting from the reservations." “The Government of the Czech Republic has examined the reservations and statements formulated by “The Government of the Kingdom of Denmark has the State of Qatar upon its accession to the International examined the reservations made by the Government of the Covenant on Civil and Political Rights. Islamic Republic of Pakistan upon ratification of the International Covenant on Civil and Political Rights. The Government of the Czech Republic is of the view The Government of Denmark considers that the that the statements formulated by the State of Qatar with reservations made by the Islamic Republic of Pakistan to respect to Article 7, Article 18.2, Article 22 and Article articles 3, 6, 7, 12, 13, 18, 19 and 25 of the Covenant, 23.2 amount to reservations of general and vague nature, which make the applications of these essential obligations since they make the application of specific provisions of under the Covenant subject to Sharia and/or constitutional the Covenant subject to the Islamic Sharia and national and/or national law in force in the Islamic Republic of law and their character and scope cannot be properly Pakistan, raise doubts as to what extent the Islamic assessed. Republic of Pakistan considers itself bound by the obligations of the treaty and concern as to the These statements, together with the reservation commitment of the Islamic Republic of Pakistan to the formulated by the State of Qatar to Article 23.4, leave object and purpose of the Covenant. open the question to what extent the State of Qatar The Government of the Kingdom on Denmark has commits itself to the obligations under these Articles and also examined the reservation of the Islamic Republic of to the object and purpose of the Covenant as a whole. Pakistan with respect to Article 40 of the Covenant. The Government of Denmark considers, that the The Government of the Czech Republic wishes to supervisory machinery established under the Covenant, recall that the reservations may not be general or vague including the system of periodic reporting to the human and that the Covenant is to be applied and interpreted in rights Committee is an essential part of the treaty. accordance with international law. Accordingly a reservation to the effect that a State Party does not recognize the competence of the Human The Government of the Czech Republic therefore Rights Committee to review and comment State reports considers the aforementioned reservations to be must be considered contrary to the object and purpose of incompatible with the object and purpose of the Covenant the Covenant. and objects to them. This objection shall not preclude the The Government of Denmark wishes to recall that, entry into force of the Covenant between the Czech according to customary international law, as codified in Republic and the State of Qatar, without the State of the Vienna Convention on the Law of Treaties, Qatar benefitting from the reservations.”
IV 4. HUMAN RIGHTS 18 reservations incompatible with the object and purpose of “The Government of Estonia has carefully examined the Covenant shall not be permitted. the reservations made by the State of Qatar to Article 3 Consequently, the Government of Denmark considers and Article 23(4), as well as the statements made with the said reservations as incompatible with the object and regard to Article 7, Article 18(2), Article 22 and Article purpose of the Covenant and accordingly inadmissible 23(2) of the Covenant. and without effect under international law. The reservations to Article 3 and to Article 23(4) as The Government of Denmark therefore objects to the well as statements 1 to 4 make the application of specific aforementioned reservations made by the Government of provisions of the Covenant subject to the Islamic Sharia the Islamic Republic of Pakistan. This shall not preclude or national legislation. Statements 1 to 4 are thus of their the entry into force of the Covenant in its entirety between nature also reservations. The reservations and statements the Islamic Republic of Pakistan and Denmark. 1 to 4 are raising doubts concerning the extent to which The Government of Denmark recommends the the State of Qatar intends to fulfil its obligations under the Government of the Islamic Republic of Pakistan to Covenant. reconsider its reservations to the International Covenant Estonia considers aforementioned reservations and on Civil and Political Rights.” statements made by the State of Qatar incompatible with the object and purpose of the Covenant, which are not ESTONIA permitted under Article 19 sub-paragraph (c) of the "The Government of Estonia has carefully examined Vienna convention on the Law of Treaties of 23 May the reservation made by the Republic of Maldives to 1969. The Government of Estonia thus objects to them. Article 18 of the International Covenant on Civil and This objection shall not preclude the entry into force Political Rights. The Government of Estonia considers of the Covenant between the Republic of Estonia and the the reservation to be incompatible with the object and State of Qatar.” purpose of the Covenant as with this reservation the application of the International Covenant on Civil and FINLAND Political Rights is made subject to the provisions of "... It is recalled that under international treaty law, the constitutional law. The Government of Estonia is of the name assigned to a statement whereby the legal effect of view that the reservation makes it unclear to what extent certain provisions of a treaty is excluded or modified, the Republic of Maldives considers itself bound by the does not determine its status as a reservation to the treaty. obligations of the Covenant and therefore raises concerns Understanding (1) pertaining to articles 2, 4 and 26 of the as to the commitment of the Republic of Maldives to the Covenant is therefore considered to constitute in object and purpose of the Covenant. substance a reservation to the Covenant, directed at some The Government of Estonia therefore objects to the of its most essential provisions, namely those concerning reservation made by the Republic of Maldives to Article the prohibition of discrimination. In the view of the 18 of the International Covenant on Civil and Political Government of Finland, a reservation of this kind is Rights and expresses the hope that the Republic of contrary to the object and purpose of the Covenant, as Maldives will soon be able to withdraw its reservation in specified in article 19(c) of the Vienna Convention on the light of the ongoing process of the revision of the Law of Treaties. Maldivian Constitution. As regards reservation (2) concerning article 6 of the This objection shall not preclude the entry into force Coven- ant, it is recalled that according to article 4(2), no of the International Covenant on Civil and Political Rights restrictions of articles 6 and 7 of the Covenant are allowed between Estonia and the Republic of Maldives." for. In the view of the Government of Finland, the right to life is of fundamental importance in the Covenant and the “The Government of the Republic of Estonia has said reservation therefore is incompatible with the object carefully examined the reservations made on 23 June and purpose of the Covenant. 2010 by Pakistan to Articles 3, 6, 7, 12, 13, 18, 19, 25 and As regards reservation (3), it is in the view of the 40 of the Covenant. Government of Finland subject to the general principle of Regarding Articles 3, 6, 7, 12, 13, 18, 19, 25, the treaty interpretation according to which a party may not Government of the Republic of Estonia considers these invoke the provisions of its internal law as justification reservations to be incompatible with the object and for failure to perform a treaty. purpose of the Covenant as with these reservations the For the above reasons the Government of Finland application of the International Covenant on Civil and objects to reservations made by the United States to Political Rights is made subject to the provisions of articles 2, 4 and 26 [ cf . Understanding (1)], to article 6 [ constitutional law. The Government of Estonia is of the cf . Reservation (2)] and to article 7 [cf. Reservation (3)]. view that the reservation which consists of a general However, the Government of Finland does not consider reference to a national law without specifying its content that this objection constitutes an obstacle to the entry into does not clearly indicate to what extent the Islamic force of the Covenant between Finland and the United Republic of Pakistan considers itself bound by the States of America. obligations contained in the relevant Articles of the "The Government of Finland notes that according to Covenant and therefore raises concerns as to the the interpretative declarations the application of certain commitment of the Islamic Republic of Pakistan to the articles of the Covenant is in a general way subjected to object and purpose of the Covenant. national law. The Government of Finland considers these Furthermore, the reservation made by Islamic interpretative declarations as reservations of a general Republic of Pakistan to Article 40 of the Covenant is in kind. the view of the Government of the Republic of Estonia The Government of Finland is of the view that such contrary to the aim of the Covenant as this Article sets out general reservations raise doubts as to the commitment of the commitments of States towards the Human Rights Kuwait to the object and purpose of the Covenant and Committee. The reporting mechanism is one of the core would recall that a reservation incompatible with the elements of the implementation of the Covenant. object and purpose of the Covenant shall not be permitted. Therefore, the Government of the Republic of Estonia As regards the reservation made to article 25 (b), the objects to the aforesaid reservations made by the Islamic Government of Finland wishes to refer to its objection to Republic of Pakistan to the International Covenant on the reservation made by Kuwait to article 7 of the Civil and Political Rights. Convention on the Elimination of All Forms of Nevertheless, this objection shall not preclude the Discrimination Against Women. entry into force of the International Covenant on Civil and It is the common interest of States that treaties to Political Rights as between the Republic of Estonia and which they have chosen to become parties are respected, the Islamic Republic of Pakistan.” as to their object and purpose, by all parties and that
IV 4. HUMAN RIGHTS 19 States are prepared to undertake any legislative changes accordancewith the related provisions and rules of the necessary to comply with their obligations under the Constitution of the Republic of Maldives. treaties. The Government of Finland notes that a reservation The Government of Finland is further of the view that which consists of a general reference to national law general reservations of the kind made by the Government without specifying its contents does not clearly define to of Kuwait, which do not clearly specify the extent of the other Parties to the Covenant the extent to which the derogation from the provisions of the covenant, contribute reserving State commits itself to the Covenant and creates to undermining the basis of international treaty law. serious doubts as to the commitment of the receiving The Government of Finland therefore objects to the State to fulfil its obligations under the Covenant. Such aforesaid reservations made by the Government of reservations are, furthermore, subject to the general Kuwait to the [said Covenant] which are considered to be principle of treaty interpretation according to which a inadmissible. party may not invoke the provisions of its domestic law as This objection does not preclude the entry into force in justification for a failure to perform its treaty obligations. its entirety of the Covenant between Kuwait and Finland." Furthermore, the Government of Finland emphasises "The Government of Finland has examined the the great importance of the right to freedom of thought, declarations and reservation made by the Republic of conscience and religion which is provided for in Article Turkey to the International Covenant on Civil and 18 of the International Covenant on Civil and Political Political Rights. The Government of Finland notes that Rights. The Government of Finland therefore wishes to the Republic of Turkey reserves the right to interpret and declare that it assumes that the Government of the apply the provisions of Article 27 of the Covenant in Republic of Maldives will ensure the implementation of accordance with the related provisions and rules of the the rights of freedom of thought, conscience and religion Constitution of the Republic of Turkey and the Treaty of recognised in the Covenant and will do its utmost to bring Lausanne of 24 July 1923 and its Appendixes. its national legislation into compliance with the The Government of Finland emphasises the great obligations under the Covenant with a view to importance of the rights of minorities provided for in withdrawing the reservation. Article 27 of the International Covenant on Civil and This declaration does not preclude the entry into force Political Rights. The reference to the Constitution of the of the Covenant between the Republic of Maldives and Republic of Turkey is of a general nature and does not Finland. The Covenant will thus become operative clearly specify the content of the reservation. The between the two states without the Republic of Maldives Government of Finland therefore wishes to declare that it benefiting from its reservation." assumes that the Government of the Republic of Turkey will ensure the implementation of the rights of minorities “The Government of Finland welcomes the ratification recognised in the Covenant and will do its utmost to bring by the Lao People’s Democratic Republic of the its national legislation into compliance with the International Covenant on Civil and Political Rights. obligations under the Covenant with a view to Finland has taken note of the reservation made by the Lao withdrawing the reservation. This declaration does not People’s Democratic Republic to Article 22 thereof upon preclude the entry into force of the Covenant between the ratification. The Government of Finland notes that Republic of Turkey and Finland." Article 22(2) provides that States Parties may, under "The Government of Finland has carefully examined certain specific circumstances and for certain specific the contents of the declaration made by the Government purposes, restrict the right protected under Article 22(1). of Mauritania on Article 18 and paragraph 4 of Article 23 The Government of Finland is of the view that the of the International Covenant on Civil and Political reservation made by the Lao People’s Democratic Rights. Republic seeks to limit the obligation of the Lao People’s The Government of Finland notes that a reservation Democratic Republic not to restrict the freedom of which consists of a general reference to religious or other association to an extent which is incompatible with national law without specifying its contents does not Article 22(2). The reservation would therefore restrict clearly define to other Parties to the Convention the extent one of the essential obligations of the Lao People’s to which the reserving State commits itself to the Democratic Republic under the Covenant and raises Convention and creates serious doubts as to the serious doubts as to the commitment of the Lao People’s commitment of the receiving State to fulfil its obligations Democratic Republic to the object and purpose of the under the Convention. Such reservations are, furthermore, Covenant. subject to the general principle of treaty interpretation It is in the common interest of States that treaties they according to which a party may not invoke the provisions have chosen to become parties to are respected as to their of its domestic law asjustification for a failure to perform object and purpose by all parties, and that States are its treaty obligations. prepared to undertake any legislative changes necessary The Government of Finland notes that the reservations to comply with their obligations under such treaties. made by the Government of Mauritania, addressing some Furthermore, according to the Vienna Convention on the of the most essential provisions of the Covenant, and Law of Treaties of 23 May 1969, and according to well aiming to exclude the obligations under those provisions, established customary international law, a reservation are in contradiction with the object and purpose of the contrary to the object and purpose of the treaty shall not Covenant. be permitted. The Government of Finland therefore objects to the The Government of Finland therefore objects to the above-mentioned declaration made by the Government of reservation made by the Government of the Lao People’s Mauritania to the Covenant. This objection does not Democratic Republic in respect of Article 22 of the preclude the entry into force of the Covenant between the International Covenant on Civil and Political Rights. This Islamic Republic of Mauritania and Finland. The objection shall not preclude the entry into force of the Covenant will thus become operative between the two Covenant between the Lao People’s Democratic Republic states without the Islamic Republic of Mauritania and Finland. The Covenant will thus become operative benefiting from its declarations." between the two states without the Lao People’s "The Government of Finland has examined the Democratic Republic benefiting from its reservation.” reservation made by the Republic of Maldives to the The Government of Finland welcomes the ratification International Covenant on Civil and Political Rights. The of the International Covenant on Civil and Political Rights Government of Finland notes that the Republic of by the Islamic Republic of Pakistan. The Government of Maldives reserves the right to interpret and apply the Finland has carefully examined the content of the provisions of Article 18 of the Covenant in reservations relating to Articles 3, 6, 7, 12, 13, 18, 19, 25
IV 4. HUMAN RIGHTS 20 and 40 of the Convention made by the Islamic Republic interpretation according to which a party may not invoke of Pakistan upon ratification. the provisions of its domestic law as justification for a The Government of Finland notes that the Islamic failure to perform its treaty obligations. Republic of Pakistan reserves the right to apply the provisions of Article 3, 6, 7, 18 and 19 to the extent that they are not repugnant to the provisions of the The above-mentioned reservations are incompatible Constitution of Pakistan and the Sharia laws, the with the object and purpose of the Covenant and are provisions of Article 12 so as to be in conformity with the accordingly not permitted under Article 19 sub-paragraph provisions of the Constitution of Pakistan, and the (c) of the Vienna Convention on the Law of Treaties. provisions of Article 25 to the extent that they are not Therefore, the Government of Finland objects to these repugnant to the provisions of the Constitution of reservations. This objection shall not preclude the entry Pakistan, and that, as regards the provisions of Article 13, into force of the Covenant between the Republic of the Islamic Republic of Pakistan reserves the right to Finland and the State of Qatar. The Covenant will thus apply its law relating to foreigners. enter into force between the two stateswithout Qatar The Government of Finland notes that a reservation benefitting from the aforementioned reservation.” which consists of a general reference to national law without specifying its content does not clearly define to other Parties to the Covenant the extent to which the FRANCE reserving States commits itself to the Covenant and The Government of the Republic takes objection to the creates serious doubts as to the commitment of the reservation entered by the Government of the Republic of reserving State to fulfil its obligations under the India to article 1 of the International Covenant on Civil Covenant. Such reservations are, furthermore, subject to and Political Rights, as this reservation attaches the general principle of treaty interpretation according to conditions not provided for by the Charter of the United which a party may not invoke the provisions of its Nations to the exercise of the right of self-determination. domestic law as justification for a failure to perform its The present declaration will not be deemed to be an treaty obligations. obstacle to the entry into force of the Covenant between Furthermore, the Government of Finland notes that the the French Republic and the Republic of India. Islamic Republic of Pakistan declares that it does not At the time of the ratification of [the said Covenant], recognize the competence of the Human Rights the United States of America expressed a reservation Committee provided for in Article 40 of the Covenant. relating to article 6, paragraph 5, of the Covenant, which The reporting mechanism established under Article 40 is prohibits the imposition of the death penalty for crimes an essential feature of the system of human rights committed by persons below 18 years of age. protection created by the Covenant and an integral France considers that this United States reservation is undertaking of States Parties to the Covenant. not valid, inasmuch as it is incompatible with the object All of the above reservations seek to restrict essential and purpose of the Convention. obligations of the Islamic Republic of Pakistan under the Such objection does not constitute an obstacle to the Covenant and raise serious doubts as to the commitment entry into force of the Covenant between France and the of the Islamic Republic of Pakistan to the object and United States. purpose of the Covenant. The Government of Finland The Government of the French Republic has studied wishes to recall that, according to Article 19 (c) of the Botswana's reservations to the International Covenant on Vienna Convention on the Law of Treaties and customary Civil and Political Rights. The purpose of the two international law, a reservation contrary to the object and reservations is to limit Botswana's commitment to articles purpose of a treaty shall not be permitted. It is in the 7 and 12, paragraph 3, of the Covenant to the extent to common interest of States that treaties to which they have which these provisions are compatible with sections 7 and chosen to become parties are respected as to their object 14 of the Constitution of Botswana. and purpose and that States are prepared to undertake any The Government of the French Republic considers that legislative changes necessary to comply with their the first reservation casts doubt upon Botswana's obligations under the treaties. commitment and might nullify article 7 of the Covenant The Government of Finland therefore objects to the which prohibits in general terms torture and cruel, reservations made by the Islamic Republic of Pakistan in inhuman or degrading treatment or punishment. respect of Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the Consequently, the Government of the French Republic Covenant. This objection shall not preclude the entry into objects to the Government of Botswana's reservation to force of the Covenant between the Islamic Republic of article 7 of the Covenant. Pakistan and Finland. The Convention will thus become “The Government of the French Republic has operative between the two states without the Islamic examined the declarations formulated by the Government Republic of Pakistan benefiting from its reservations. of Mauritania upon acceding to the International “The Government of Finland is pleased to learn that Covenant on Civil and Political Rights, adopted on 16 the State of Qatar has become party to the International December 1966, in accordance with which the Covenant on Civil and Political Rights. However, the Government of Mauritania, on the one hand, ‘while Government of Finland has carefully examined the accepting the provisions set out in article 18 concerning reservations to Article 3 and to Article 23.4, as well as the freedom of thought, conscience and religion, declares that statements concerning Article 7, 18.2, 22, and 23.2 made their application shall be without prejudice to the Islamic by the State of Qatar upon accession, and is of the view sharia’ and, on the other, ‘interprets the provisions of that they raise certain concerns. In fact, also the said article 23, paragraph 4, on the rights and responsibilities statements amount to reservations that purport to subject of spouses as to marriage as not affecting in any way the the application of specific provisions of the Covenant to prescriptions of the Islamic sharia’. By making the the Islamic Sharia or national legislation. application of article 18 and the interpretation of article 23, paragraph 4, of the Covenant subject to the The reservations to Article 3, 7, 18.2, 22, 23.2 and prescriptions of the Islamic sharia, the Government of 23.4 make the application of these provisions of the Mauritania is, in reality, formulating reservations with a Covenant subject to the Islamic Sharia or national general, indeterminate scope, such that they make it legislation. Thus, the Government of Finland is of the impossible to identify the modifications to obligations opinion that the State of Qatar has submitted reservations under the Covenant, which they purport to introduce. The which cast doubts on the commitment of Qatar to the Government of the French Republic considers that the object and purpose of the Covenant. Such reservations reservations thus formulated are likely to deprive the are, furthermore, subject to the general principle of treaty provisions of the Covenant of any effect and are contrary
IV 4. HUMAN RIGHTS 21 to the object and purpose thereof. It therefore enters an object and purpose of article 6, which, as made clear by objection to these reservations. This objection shall not paragraph 2 of article 4, lays down the minimum standard preclude the entry into force of the Convention between for the protection of the right to life. France and Mauritania.” The Government of the Federal Republic of Germany The Government of the French Republic has reviewed interprets the United States' `reservation' with regard to the reservation made by the Republic of Maldives at the article 7 of the Covenant as a reference to article 2 of the time of its accession to the International Covenant on Covenant, thus not in any way affecting the obligations of Civil and Political Rights of 16 December 1966 to the the United States of America as a state party to the effect that the Republic of Maldives intends to apply the Covenant." principles relating to freedom of thought, conscience and [See under "Objections" in chapter IV.3.] religion set out in article 18 of twithout prejudice to its The Government of the Republic of Turkey has own Constitution. declared that it will implement the provisions of the The French Republic considers that by subordinating Covenant only to the states with which it has diplomatic the general application of a right set out in the Covenant relations. Moreover, the Government of the Republic of to its internal law, the Republic of Maldives is Turkey has declared that it ratifies the Covenant formulating a reservation that is likely to deprive a exclusively with regard to the national territory where the provision of the Covenant of any effect and makes it Constitution and the legal and administrative order of the impossible for other States Parties to know the extent of Republic of Turkey are applied. Furthermore, the its commitment. Government of the Republic of Turkey has reserved the The Government of the French Republic considers the right to interpret and apply the provisions of Article 27 of reservation as contrary to the object and purpose of the the Covenant in accordance with the related provisions Covenant. It therefore objects to that reservation. This and rules of the Constitution of the Republic of Turkey objection does not prevent the entry into force of the and the Treaty of Lausanne of 24 July 1923 and its Covenant between the French Republic and the Republic Appendixes. of Maldives. The Government of the Federal Republic of Germany would like to recall that it is in the common interest of all The Government of the French Republic has states that treaties to which they have chosen to become considered the reservations made by the Islamic Republic parties are respected and applied as to their object and of Pakistan upon its ratification of the International purpose by all parties, and that states are prepared to Covenant on Civil and Political Rights on 23 June 2010. undertake any legislative changes necessary to comply Concerning the reservations to articles 3, 6, 7, 12, 18, with their obligations under these treaties. The 19 and 25, France considers that in seeking to exclude the Government of the Federal Republic of Germany is application of provisions of the Covenant, insofar as they therefore concerned about declarations and reservations might be contrary to or inconsistent with the Constitution such as those made and expressed by the Republic of of Pakistan and/or Sharia law, the Islamic Republic of Turkey with respect to the International Covenant on Pakistan has made reservations of a general and Civil and Political Rights. indeterminate nature. Indeed, these reservations are vague However, the Government of the Federal Republic of since they do not specify which provisions of domestic Germany believes these declarations do not aim to limit law are affected. Thus, they do not allow other States the Covenant's scope in relation to those states with which Parties to appreciate the extent of the commitment of the Turkey has established bonds under the Covenant, and Islamic Republic of Pakistan, including the compatibility that they do not aim to impose any other restrictions that of the provisions with the object and purpose of the are not provided for by the Covenant. The Government Covenant. of the Federal Republic of Germany attaches great With regard to article 40, France believes that in importance to the rights guaranteed by Article 27 of the seeking to exclude the competence of the Human Rights Covenant. The Government of the Federal Republic of Committee to consider periodic reports, the Islamic Germany understands the reservation expressed by the Republic of Pakistan is depriving this key body under the Government of the Republic of Turkey to mean that the Covenant of its main function. As such, the Government rights guaranteed by Article 27 of the Covenant will also of the French Republic considers this reservation to be be granted to all minorities not mentioned in the contrary to the object and purpose of the Covenant. provisions and rules referred to in the reservation." The Government of the French Republic therefore The Government of the Federal Republic of Germany objects to the reservations made by the Islamic Republic has carefully examined the declaration made by the of Pakistan. However, this objection shall not preclude the Government of Mauritania on 17 November 2004 in entry into force of the Covenant between France and respect of Articles 18 and 23 (4) of the International Pakistan Covenant on Civil and Political Rights. The Government of the Federal Republic of Germany GERMANY is of the opinion that the limitations set out therein leave it [See under "Objections" in chapter IV.3.] unclear to which extent Mauritania considers itself bound "The Government of the Federal Republic of Germany by the obligations resulting from the Covenant. objects to the [reservation (i) by the Government of The Government of the Federal Republic of Germany Trinidad and Tobago]. In the opinion of the Government therefore regards the above-mentioned declaration as a of the Federal Republic of Germany it follows from the reservation and as incompatible with the object and text and the history of the Covenant that the said purpose of the Covenant. reservation is incompatible with the object and purpose of The Government of the Federal Republic of Germany the Covenant." therefore objects to the above-mentioned reservation [See under "Objections" in chapter IV.3.] made by the Government of Mauritania to the [The Federal Republic of Germany] interprets the International Covenant on Civil and Political Rights. This declaration to mean that the Republic of Korea does not objection shall not preclude the entry into force of the intend to restrict its obligations under article 22 by Covenant between the Federal Republic of Germany and referring to its domestic legal system. Mauritania. "The Government of the Federal Republic of Germany "The Government of the Federal Republic of Germany objects to the United States' reservation referring to article has carefully examined the declaration made by the 6, paragraph 5 of the Covenant, which prohibits capital Government of the Republic of Maldives on 19 punishment for crimes committed by persons below September 2006 in respect of Article 18 of the eighteen years of age. The reservation referring to this International Covenant on Civil and Political Rights. provision is incompatible with the text as well as the
IV 4. HUMAN RIGHTS 22 The Government of the Federal Republic of Germany May 1969. The Federal Republic of Germany thus objects is of the opinion that reservations which consist in a to these reservations. general reference to a system of norms (like the This objection shall not preclude the entry into force constitution or the legal order of the reserving State) of the Covenant between the Federal Republic of without specifying the contents thereof leave it uncertain Germany and the State of Qatar. to which extent that State accepts to be bound by the obligations under the treaty. Moreover, those norms may GREECE be subject to changes. "The Government of Greece has examined the The reservation made by the Republic of Maldives is declarations made by the Republic of Turkey upon therefore not sufficiently precise to make it possible to ratifying the International Covenant on Civil and Political determine the restrictions that are introduced into the Rights. agreement. The Government of the Federal Republic of The Republic of Turkey declares that it will Germany is therefore of the opinion that the reservation is implement the provisions of the Covenant only to the capable of contravening the object and purpose of the States with which it has diplomatic relations. Covenant. In the view of the Government of Greece, this The Government of the Federal Republic of Germany declaration in fact amounts to a reservation. This therefore regards the above-mentioned reservation reservation is incompatible with the principle that inter- incompatible with the object and purpose of the State reciprocity has no place in the context of human Covenant. This objection shall not preclude the entry into rights treaties, which concern the endowment of force of the Covenant between the Federal Republic of individuals with rights. It is therefore contrary to the Germany and the Republic of Maldives." object and purpose of the Covenant. The Republic of Turkey furthermore declares that the “The Government of the Federal Republic of Germany Covenant is ratified exclusively with regard to the has carefully examined the reservations made by the national territory where the Constitution and the legal and Islamic Republic of Pakistan on 23 June 2010 to Articles administrative order of the Republic of Turkey are 3, 6, 7, 12, 13, 18, 19 and 25 of the International applied. Covenant on Civil and Political Rights. In the view of the Government of Greece, this The Government of the Federal Republic of Germany declaration in fact amounts to a reservation. This is of the opinion that these reservations subject the reservation is contrary to the letter and the spirit of article applications of Articles 3, 6, 7, 12, 13, 18, 19 and 25 of 2 (i) of the Covenant. Indeed, a State Party must respect the Covenant to a system of domestic norms without and ensure the rights laid down in the Covenant to anyone specifying the contents thereof, leaving it uncertain to within the power or effective control of that State Party, which extent the Islamic Republic of Pakistan accepts to even if not situated within the territory of such State be bound by the obligations under the Covenant and Party. Accordingly, this reservation is contrary to the raising serious doubts as to its commitment to fulfil its object and purpose of the Covenant. obligations under the Covenant. These reservations For these reasons, the Government of Greece objects therefore are considered incompatible with the object and to the aforesaid reservations made by the Republic of purpose of the Covenant and consequently impermissible Turkey to the International Covenant on Civil and under Art. 19 c of the Vienna Convention on the Law of Political Rights. Treaties. This objection shall not preclude the entry into force By refusing to recognize the competence of the of the Covenant between the Hellenic Republic and the Committee provided for in Article 40 of the Covenant the Republic of Turkey. The Covenant, therefore, enters into Republic of Pakistan calls into question the complete force between the two States without the Republic of reporting mechanism which is a central procedural Turkey benefiting from these reservations." element of the Covenant system. This specific "The Government of the Hellenic Republic have reservation against Article 40 therefore is considered to be examined the reservations made by the Government of the contrary to the object and purpose of the Covenant as Islamic Republic of Mauritania upon accession to the well. International Covenant on Civil and Political Rights (New The Government of the Federal Republic of Germany York, 16 December 1966) in respect of articles 18 and 23 therefore objects to the above-mentioned reservations as paragraph 4 thereof. being incompatible with the object and purpose of the The Government of the Hellenic Republic consider Covenant. that these declarations, seeking to limit the scope of the This objection shall not preclude the entry into force aformentioned provisions on a unilateral basis, amount in of the Covenant between the Federal Republic of fact to reservations. Germany and the Islamic Republic of Pakistan.” The Government of the Hellenic Republic furthermore The Government of the Federal Republic of Germany consider that, although these reservations refer to specific has carefully examined the reservations and statements provisions of the Covenant, they are of a general made by the State of Qatar with regard to the International character, as they do not clearly define the extent to which Covenant on Civil and Political Rights of 16 December the reserving State has accepted the obligations deriving 1966. from the Covenant. The reservations to Article 3 and to Article 23.4 as For these reasons, the Government of the Hellenic well as statements 1 to 4 make the application of specific Republic object to the abovementioned reservations made provisions of the Covenant subject to the Islamic Sharia by the Government of the Islamic Republic of Mauritania. or national legislation. Statements 1 to 4 are thus of their This objection shall not preclude the entry into force nature also reservations. of the Covenant between Greece and Mauritania." The Government of the Federal Republic of Germany is of the opinion that by making the application of “The Government of the Hellenic Republic considers Articles 3, 7, 18.2, 22, 23.2 and 23.4 of the Covenant that the Articles 3, 6 and 7 of the Covenant are of subject to the Islamic Sharia or national law, the State of fundamental importance and that the reservations Qatar has submitted reservations which raise doubts formulated by the Islamic Republic of Pakistan to those concerning the extent to which it intends to fulfil its Articles, containing a general reference to the Provisions obligations under the Covenant. of the Constitution of Pakistan and the Sharia laws The above-mentioned reservations are incompatible without specifying the extent of the derogation there with the object and purpose of the Covenant and are from, are incompatible with the object and purpose of the accordingly not permitted under Article 19 sub-paragraph Covenant. (c) of the Vienna Convention on the Law of Treaties of 23
IV 4. HUMAN RIGHTS 23 Furthermore, the Government of the Hellenic Republic It is in the common interest of States that treaties to considers that the reservation formulated with respect to which they have chosen to become party are respected, as Article 40 of the Covenant, is incompatible with the to their object and purpose, by all parties and that States object and purpose of the Covenant, which seeks, inter are prepared to undertake any legislative changes alia, to establish an effective monitoring mechanism for necessary to comply with their obligations under the the obligations undertaken by the States Parties. treaties. For this reason the Government of the Hellenic According to Article 19 point (c) of the Vienna Republic objects to the abovementioned reservations Convention on the Law of Treaties of 1969, a State may formulated by the Islamic Republic of Pakistan. formulate a reservation unless it is incompatible with the This objection shall not preclude the entry into force object and purpose of the treaty. of the Covenant between Greece and the Islamic Republic The Government of the Republic of Hungary therefore of Pakistan.” objects to the above-mentioned reservation. This “The Government of the Hellenic Republic has objection shall not preclude the entry into force of the examined the reservations and the statements made by the Convention between the Republic of Hungary and the State of Qatar upon accession to the International Republic of Maldives." Covenant on Civil and Political Rights of 16 December 1966 (hereinafter ‘the Covenant’). “With regard to the reservations made by the Islamic In the above reservations, the State of Qatar declares Republic of Pakistan: that it does not consider itself bound by the provisions of The Government of the Republic of Hungary has Articles 3 and 23.4 of the Covenant, for they contravene, examined the reservations made by the Islamic Republic respectively, the provisions of Article 8 of the of Pakistan upon accession to the International Covenant [Constitution] of Qatar and the Islamic Sharia. on Civil and Political Rights, adopted on 16 December Moreover, in the statements made upon accession to 1966, in respect of Articles 3, 6, 7, 12, 13, 18, 19, 25 and the Covenant, the State of Qatar inter alia declares that it 40 thereof. shall interpret Articles 7, 18.2, 22 and 23.2 thereof, ‘in The Government of the Republic of Hungary is of the accordance with the applicable legislation of Qatar’ opinion that the reservations made by the Islamic and/or ‘in a manner that does not contravene the Islamic Republic of Pakistan with regard to Articles 3, 6, 7, 12, Sharia’. However, in the view of the Government of the 13, 18, and 19 are in contradiction with the general Hellenic Republic, these statements in fact amount to a principle of treaty interpretation according to which a reservation as they limit the scope of application of the State party to a treaty may not invoke the provisions of its relevant provisions of the Covenant solely to the extent internal law as justification for failure to perform that they do not contravene the Islamic Sharia and the according to the obligations set out by the treaty. national legislation of Qatar. Furthermore, the reservations consist of a general The Government of the Hellenic Republic notes that reference to the provisions of the Constitution, the Sharia the above reservations are of a general and indeterminate laws, and/or Pakistani internal law relating to foreigners scope, as they purport to subject the application of the without specifying their content and as such do not clearly aforementioned provisions of the Covenant to the Islamic define to other Parties to the Covenant the extent to which Sharia and national legislation, without, however, the reserving State commits itself to the Covenant. specifying the content thereof, and are, accordingly, The Government of the Republic of Hungary recalls contrary to the object and purpose of the Covenant, since that it is in the common interest of States that treaties to they do not clearly define for the other State Parties the which they have chosen to become party are respected, as extent to which Qatar has accepted the obligations of the to their object and purpose, by all parties and that States Covenant. are prepared to undertake any legislative changes For the above reasons, the Government of the Hellenic necessary to comply with their obligations under the Republic considers the aforesaid reservations of Qatar treaties. According to customary international law as impermissible as contrary to the object and purpose of the codified in the Vienna Convention on the Law of Treaties, Covenant, according to customary international law, as a reservation that is incompatible with the object and codified by the Vienna Convention on the Law of the purpose of a treaty shall not be permitted. Treaties. The Government of the Republic of Hungary therefore The Government of the Hellenic Republic, therefore, objects to the aforesaid reservations made by the Islamic objects to the abovementioned reservations by the State of Republic of Pakistan with regard to Articles 3, 6, 7, 12, Qatar upon accession to the International Covenant on 13, 18 and 19 of the Covenant. This objection shall not Civil and Political Rights. preclude the entry into force of the Covenant between the This objection shall not preclude the entry into force Republic of Hungary and the Islamic Republic of of the Covenant between the Hellenic Republic and the Pakistan.” State of Qatar.” “Hungary has examined the reservations and statements made by the State of Qatar upon ratification of HUNGARY the International Covenant on Civil and Political Rights "The Government of the Republic of Hungary has done in New York on 16 December 1966. examined the reservation made by the Republic of The reservations to Article 3 and Article 23 paragraph Maldives on 19 September 2006 upon accession to the 4 and the statements 1 to 5 make the application of these International Convention on Civil and Political Rights of provisions of the Covenant subject to the Constitution of 16 December 1966. The reservation states that the the State of Qatar, the Islamic Sharia or national application of the principles set out in Article 18 of the legislation. Hungary considers the statements 1 to 5 made Covenant shall be without prejudice to the Constitution of by the State of Qatar by their nature also as reservations. the Republic of Maldives. Hungary is of the view that making the application of The Government of the Republic of Hungary is of the Article 3, 23 paragraph 4, as well as Article 7, Article 18 opinion that the reservation to Article 18 will unavoidably paragraph 2, Article 22, Article 23 paragraph 2 and result in a legal situation in respect of the Republic of Article 27 of the Covenant subject to the Constitution of Maldives, which is incompatible with the object and the State of Qatar, the Islamic Sharia and the national purpose of the Convention. legislation, raises doubts as to the extent of Qatar’s Namely the reservation makes it unclear to what commitment to meet its obligations under the Covenant extent the Republic of Maldives considers itself bound by and are incompatible with the object and purpose of the the obligations of the Covenant thus raising concerns as to Covenant, that is to promote, protect and ensure the full its commitment to the object and purpose of the and equal enjoyment of all civil and political freedom by Covenant. all individuals.
IV 4. HUMAN RIGHTS 24 Accordingly, Hungary considers the aforementioned incompatible with the object and purpose of the Covenant reservations inadmissible as they are not permitted under shall not be permitted. Article 19 sub-paragraph (c) of the Vienna Convention on The Government of Ireland therefore objects to the the Law of Treaties, thus objects to these reservations. aforesaid reservation made by the Lao People’s This objection shall not preclude the entry into force of Democratic Republic to Article 22 of the International the Covenant between Hungary and the State of Qatar. Covenant on Civil and Political Rights. The Covenant will thus become operative between the This objection shall not preclude the entry into force two States without the State of Qatar benefitting from its of the Covenant between Ireland and the Lao People’s reservations.” Democratic Republic.” IRELAND “The Government of Ireland has examined the "The Government of Ireland have examined the reservations made on 23 June 2010 by the Islamic reservations made by the Government of the Republic of Republic of Pakistan upon ratification of the International Botswana to Article 7 and to Article 12, paragraph 3 of Covenant on Civil and Political Rights. the International Covenant on Civil and Political Rights. The Government of Ireland notes that the Islamic These reservations invoke provisions of the internal Republic of Pakistan subjects Articles 3, 6, 7, 12, 13, 18, law of the Republic of Botswana. The Government of 19 and 25 to the Constitution of Pakistan, its domestic law Ireland are of the view that such reservations may cast and/or Sharia law. The Government of Ireland is of the doubts on the commitment of the reserving State to fulfil view that a reservation which consists of a general its obligations under the Convention. Furthermore, the reference to the Constitution or the domestic law of the Government of Ireland are of the view that such reserving State or to religious law, may cast doubt on the reservations may undermine the basis of international commitment of the reserving state to fulfil its obligations treaty law. under the Covenant. The Government of Ireland is of the The Government of Ireland therefore object to the view that such general reservations are incompatible with reservations made by the Government of the Republic of the object and purpose of the Covenant and may Botswana to Article 7 and Article 12, paragraph 3 of the undermine the basis of international treaty law. Covenant. The Government of Ireland further notes the This objection shall not preclude the entry into force reservation by Pakistan to Article 40 of the International of the Convention between Ireland and the Republic of Covenant on Civil and Political Rights. The reporting Botswana." mechanism is an integral undertaking of all States Parties "The Government of Ireland notes that the Republic of to the Covenant. Maldives subjects application of Article 18 of the The Government of Ireland therefore objects to the International Covenant on Civil and Political Rights to the reservations made by the Islamic Republic of Pakistan to Constitution of the Republic of Maldives. Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the The Government of Ireland is of the view that a International Covenant on Civil and Political Rights. reservation which consists of a general reference to the This objection shall not preclude the entry into force Constitution of the reserving State and which does not of the Covenant between Ireland and the Islamic Republic clearly specify the extent of the derogation from the of Pakistan.” provision of the Covenant may cast doubts on the “Ireland welcomes the accession of Qatar to the commitment of the reserving state to fulfil its obligations International Covenant on Civil and Political Rights on 21 under the Covenant. May 2018. The Government of Ireland is furthermore of the view that such a reservation may undermine the basis of Ireland has examined the reservations and statements international treaty law and is incompatible with the made by Qatar to the International Covenant on Civil and object and purpose of the Covenant. Political Rights at the time of its accession. The Government of Ireland therefore objects to the aforesaid reservation made by the Republic of Maldives Ireland is of the view that the reservations by Qatar, to Article 18 of the International Covenant on Civil and purporting to exclude its obligations under Article 3 and Political Rights. Article 23 (4), are contrary to the object and purpose of This objection shall not preclude the entry into force the Covenant. of the Covenant between Ireland and the Republic of Maldives." Ireland is furthermore of the view that the statements by Qatar purporting to subject the implementation of “The Government of Ireland has examined the Article 7, Article 18 (2), Article 22, Article 23 (2) and reservations and declarations made by the Lao People’s Article 27 to an interpretation that does not contravene the Democratic Republic upon ratification of the International Islamic Sharia and/or its national law in substance Covenant on Civil and Political Rights, and notes in constitute reservations limiting the scope of the Covenant. particular, the intention of the Lao People’s Democratic Republic to apply the provisions in Article 22 of the Ireland considers that such reservations, which purport Covenant in its territory only insofar as those provisions to subject the reserving State’s obligations under an are in conformity with the Constitution and relevant laws international agreement to religious law and to national of the Lao People’s Democratic Republic. law without specifying the content thereof and which do The Government of Ireland is of the view that a not clearly specify the extent of the derogation from the reservation which consists of a general reference to the provisions of the international agreement, may cast doubt Constitution or domestic laws of the reserving State and on the commitment of the reserving State to fulfil its which does not clearly specify the extent of the obligations under the international agreement. Ireland is derogation from the provision of the Covenant may cast furthermore of the view that such reservations may doubts on the commitment of the reserving state to fulfil undermine the basis of international treaty law and are its obligations under the Covenant. incompatible with the object and purpose of the The Government of Ireland is furthermore of the view international agreement. Ireland recalls that under that such a reservation may undermine the basis of international treaty law a reservation incompatible with international treaty law and is incompatible with the the object and purpose of the international agreement object and purpose of the Covenant. The Government of shall not be permitted. Ireland recalls that according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation Ireland therefore objects to the aforesaid reservations made by Qatar to Articles 3, 7, 18 (2), 22, 23 (2), 23 (4)
IV 4. HUMAN RIGHTS 25 and 27 of the International Covenant on Civil and 18.2, 22, 23.2 and 23.4 of the Covenant subject to the Political Rights. Islamic Sharia or national law, the State of Qatar has submitted reservations which raise doubts concerning the This objection shall not preclude the entry into force extent to which it intends to fulfil its obligations under the of the Covenant between Ireland and Qatar.” Covenant. The above-mentioned reservations are incompatible ITALY with the object and purpose of the Covenant and are "The Government of Italy, ..., objects to the accordingly not permitted under customary international reservation to art. 6 paragraph 5 which the United States law, as codified in Article 19 sub-paragraph (c) of the of America included in its instrument of ratification. Vienna Convention on the Law of Treaties of 23 May In the opinion of Italy reservations to the provisions 1969. The Italian Republic thus objects to these contained in art. 6 are not permitted, as specified in art.4, reservations. para 2, of the Covenant. Therefore this reservation is null and void since it is This objection shall not preclude the entry into force incompatible with the object and the purpose of art. 6 of of the Covenant between the Italian Republic and the the Covenant. State of Qatar.” Furthermore in the interpretation of the Government of Italy, the reservation to art. 7 of the Covenant does not affect obligations assumed by States that are parties to the LATVIA Covenant on the basis of article 2 of the same Covenant. "The Government of the Republic of Latvia has These objections do not constitute an obstacle to the carefully examined the declaration made by Mauritania to entry into force of the Covenant between Italy and the the International Covenant on Civil and Political Rights United States." upon accession. The Government of the Republic of Latvia considers “The Government of Italy has examined the that the declaration contains general reference to reservations made on 23 June 2010 by the Islamic prescriptions of the Islamic Shariah, making the Republic of Pakistan upon ratification of the International provisions of International Covenant subject to the Covenant on Civil and Political Rights. prescriptions of the Islamic Shariah. The Government of Italy has noted that the Thus, the Government of the Republic of Latvia is of reservations to Articles 3, 6, 7, 18, 19, 12, 13 and 25 the opinion that the declaration is in fact a unilateral act makes the constitutive provisions of International deemed to limit the scope of application of the Covenant subject to the national law of the Islamic International Covenant and therefore, it shall be regarded Republic of Pakistan (the Constitution, its domestic law as a reservation. and/or Sharia laws). Moreover, the Government of the Republic of Latvia In the view of the Government of Italy a reservation noted that the reservation does not make it clear to what should clearly define for the other States Parties to the extent Mauritania considers itself bound by the provisions Covenant the extent to which the reserving State has of the International Covenant and whether the way of accepted the obligations of the Covenant. A reservation implementation of the provisions of the International which consists of a general reference to national Covenant is in line with the object and purpose of the provisions without specifying its implications makes it International Covenant. unclear to what extent the Islamic Republic of Pakistan The Government of the Republic of Latvia recalls that considers itself bound by the obligations of the Covenant customary international law as codified by Vienna and therefore raises concerns as to the commitment of the Convention on the Law of Treaties, and in particular Islamic Republic of Pakistan to the object and purpose of Article 19c), sets out that reservations that are the Covenant. incompatible with the object and purpose of a treaty are The Government of Italy is of the view that such not permissible. general reservations are incompatible with the object and The Government of the Republic of Latvia therefore purpose of the Covenant and may undermine the basis of objects to the aforesaid reservations made by Mauritania international treaty law. to the International Covenant on Civil and Political The Government of Italy recalls that customary Rights. international law as codified by the Vienna Convention on However, this objection shall not preclude the entry the Law of Treaties, and in particular Article 19 (c), sets into force of the International Covenant between the out that reservations that are incompatible with the object Republic of Latvia and Mauritania. Thus, the and purpose of a treaty are not permissible. International Covenant will become operative without The Government of Italy, therefore, objects to the Mauritania benefiting from its reservation." aforesaid reservations made by the Islamic Republic of "The Government of the Republic of Latvia has noted Pakistan to Articles 3, 6, 7, 18, 19, 12, 13 and 25 of the that the reservation made by the Kingdom of Bahrain is International Covenant on Civil and Political Rights. submitted to the Secretary General on 4 December 2006, This objection shall not preclude the entry into force but the consent to be bound by the said Covenant by of the Covenant between Italy and the Islamic Republic of accession is expressed on 20 September 2006. In Pakistan.” accordance with Article 19 of the Vienna Convention on the Law of Treaties reservations might be made upon “The Government of the Italian Republic has carefully signature, ratification, acceptance, approval or accession. examined the reservation and statement by the State of Taking into considerations the aforementioned, the Qatar with regard to the International Covenant on Civil Government of the Republic of Latvia considers that the and Political Rights of 16 December 1966. said reservation is not in force since its submission." "The Government of the Republic of Latvia has The reservations to Article 3 and to Article 23 .4 as carefully examined the reservation made by the Republic well as statements 1 to 4 make the application of specific of Maldives to the International Covenant on Civil and provisions of the Covenant subject to the Islamic Sharia Political Rights upon accession. or national legislation. Statements 1 to 4 are thus of their The Government of the Republic of Latvia considers nature also reservations. that the said reservation makes the constitutive provisions of International Covenant subject to the national law (the The Government of the Italian Republic is of the Constitution) of the Republic of Maldives. opinion that by making the application of Articles 3, 7, 8,
IV 4. HUMAN RIGHTS 26 The Government of the Republic of Latvia recalls that purpose of the Covenant and therefore inadmissible under customary international law as codified by Vienna Article 19 (c) of the 1969 Vienna Convention on the Law Convention on the Law of Treaties, and in particular of Treaties. Article 19 (c), sets out that reservations that are incompatible with the object and purpose of a treaty are However, this objection shall not preclude the entry not permissible. into force of the Covenant between the Republic of Latvia The Government of the Republic of Latvia, therefore, and the State of Qatar. Thus, the Covenant will become objects to the aforesaid reservations made by the Republic operative between the two States without the State of of Maldives to the International Covenant on Civil and Qatar benefitting from its reservations.” Political Rights. However, this objection shall not preclude the entry into force of the International Covenantbetween the NETHERLANDS Republic of Latvia and the Republic of Maldives. Thus, "In the opinion of the Government of the Kingdom of the International Covenant will become operative without the Netherlands it follows from the text and the history of the Republic of Maldives benefiting from its reservation." the Covenant that [reservation (i) by the Government of Trinidad and Tobago] is incompatible with the object and “The Government of the Republic of Latvia has purpose of the Covenant. The Government of the carefully examined the reservations expressed by the Kingdom of the Netherlands therefore considers the Islamic Republic of Pakistan to Articles 3, 6, 7, 12, 13, reservation unacceptable and formally raises an objection 18, 19, 25 and 40 of the International Covenant upon to it." ratification. [See under "Objections" in chapter IV.3.] Articles 3, 6 and 7 of the International Covenant shall "I. Reservation by Australia regarding articles 2 be viewed as constituting the object and purpose thereof. and 50 Therefore, pursuant to Article 19 (c) of the Vienna The reservation that article 2, paragraphs 2 and 3, and Convention on the Law of Treaties, reservations, whereby article 50 shall be given effect consistently with and the mentioned provisions of the International Covenant subject to the provisions in article 2, paragraph 2, is are subjected to the regime of the Constitution of the acceptable to the Kingdom on the understanding that it Islamic Republic of Pakistan or of Sharia law may not be will in no way impair Australia's basic obligation under viewed as being compatible with the object and purpose international law, as laid down in article 2, paragraph 1, to of the International Covenant. respect and to ensure to all individuals within its territory Moreover, the Government of the Republic of Latvia and subject to its jurisdiction the rights recognized in the notes that the reservations expressed by the Islamic International Covenant on Civil and Political Rights. Republic of Pakistan to Articles 3, 6 and 7 of the II. Reservation by Australia regarding article 10 International Covenant are ambiguous, thereby lacking The Kingdom is not able to evaluate the implications clarity, whether and to what extent the fundamental rights of the first part of the reservation regarding article 10 on guaranteed by Articles 3, 6 and 7 of the International its merits, since Australia has given no further explanation Covenant will be ensured. on the laws and lawful arrangements, as referred to in the Furthermore, the Government of the Republic of text of the reservation. In expectation of further Latvia considers that Article 40 of the International clarification by Australia, the Kingdom for the present Covenant contains essential provisions to oversee the reserves the right to raise objection to the reservation at a implementation of the rights guaranteed by the later stage. International Covenant. Therefore, the reservation III. Reservation by Australia regarding `Convicted declaring that the State Party does not consider itself Persons' bound with the provisions of this Article cannot be in line The Kingdom finds it difficult, for the same reasons as with the object and purpose of the International Covenant. mentioned in itscommentary on the reservation regarding Consequently, the Government of the Republic of article 10, to accept the declaration by Australia that it Latvia objects to the reservations made by the Islamic reserves the right not to seek amendment of laws now in Republic of Pakistan regarding Articles 3, 6, 7 and 40 of force in Australia relating to the rights of persons wo have the International Covenant. been convicted of serious criminal offences. The At the same time, this objection shall notpreclude the Kingdom expresses the hope it will be possible to gain a entry into force of the International Covenant between the more detailed insight in the laws now in force in Republic of Latvia and the Islamic Republic of Pakistan. Australia, in order to facilitate a definitive opinion on the Thus, the International Covenant will become operative extent of this reservation." without the Islamic Republic of Pakistan benefiting from [Same objection as the one made by Belgium.] its reservation.” [See under "Objections" in chapter IV.3.] "In the opinion of the Government of the Kingdom of “The Government of the Republic of Latvia has the Netherlands it follows from the text and the history of carefully examined the reservations and the statements the International Covenant on Civil and Political Rights made by the State of Qatar upon ratification of the 1966 that the reservations with respect to articles 14, International Covenant on Civil and Political Rights paragraphs 5 and 7 and 22 of the Covenant made by the making the application of specific provisions of the Government of the Republic of Korea are incompatible Covenant subject to the Islamic Sharia or national with the object and purpose of the Covenant. The legislation. Government of the Kingdom of the Netherlands therefore considers the reservation unacceptable and formally raises The Republic of Latvia considers that Article 3 and objection to it. This objection is not an obstacle to the Article 23.4 of the Covenant forms the very basis of the entry into force of this Covenant between the Kingdom of Covenant and its main purpose. In addition, the Republic the Netherlands and the Republic of Korea." of Latvia is in the opinion that Articles mentioned in the "The Government of the Kingdom of the Netherlands statements 1 to 4 consists of the core elements of the objects to the reservations with respect to capital Covenant and the statements also are in their nature punishment for crimes committed by persons below reservations. Therefore, no derogations from those eighteen years of age, since it follows from the text and obligations can be made. history of the Covenant that the said reservation is incompatible with the text, the object and purpose of The reservations made by the State of Qatar excludes article 6 of the Covenant, which according to article 4 the legal effect of central provisions of the Covenant, thus lays down the minimum standard for the protection of the the reservations are incompatible with the object and the right to life.
IV 4. HUMAN RIGHTS 27 The Government of the Kingdom of the Netherlands It is of the common interest of States that all parties objects to the reservation with respect to article 7 of the respect treaties to which they have chosen to become Covenant, since it follows from the text and the parties and that States are prepared to undertake any interpretation of this article that the saidreservation is legislative changes necessary to comply with their incompatible with the object and purpose of the obligations under the treaties. According to customary Covenant. international law, as codified in the Vienna Convention In the opinion of the Government of the Kingdom of on the Law of Treaties, a reservation which is the Netherlands this reservation has the same effect as a incompatible with the object and purpose of a treaty shall general derogation from this article, while according to not be permitted (Art. 19 c). article 4 of the Covenant, no derogations, not even in The Government of the Netherlands therefore objects times of public emergency, are permitted. to the reservation made by Mauritania to the International It is the understanding of the Government of the Covenant on Civil and Political Rights. Kingdom of the Netherlands that the understandings and This objection shall not preclude the entry into force declarations of the United States do not exclude or modify of the Covenant between Mauritania and the Kingdom of the legal effect of provisions of the Covenant in their the Netherlands, without Mauritania benefiting from its application to the United States, and do not in any way reservation." limit the competence of the Human Rights Committee to "The Government of the Kingdom of the Netherlands interpret these provisions in their application to the United has examined the reservations made by the Kingdom of States. Bahrain to the International Covenant on Civil and Subject to the proviso of article 21, paragraph 3 of the Political Rights. Since the reservations were made after Vienna Convention of the Law of Treaties, these the accession of the Kingdom of Bahrain to the Covenant, objections do not constitute an obstacle to the entry into the Government of the Kingdom of the Netherlands force of the Covenant between the Kingdom of the considers that the reservations were too late and therefore Netherlands and the United States." inconsistent with article 19 of the Vienna Convention on [ Same objection identical in essence, mutatis the Law of Treaties. mutandis as the one made for Algeria.] Furthermore, the reservation with respect to articles 3, ""The Government of the Kingdom of the Netherlands 18 and 23 of the Covenant is a reservation incompatible considers this declaration as a reservation. The with the object and purpose of the Covenant. Government of the Kingdom of the Netherlands objects to The Government of the Kingdom of the Netherlands the aforesaid declaration, since it follows from the text considers that with this reservation the application of the and history of the Covenant that the declaration is International Covenant on Civil and Political Rights is incompatible with the text, the object and purpose of made subject to the Islamic Shariah. This makes it unclear article 6 of the Covenant, which according to article 4 to what extent the Kingdom of Bahrain considers itself lays down the minimum standard for the protection of the bound by the obligations of the Covenant and therefore right to life.This objection shall not preclude the entry raises concerns as to the commitment of the Kingdom of into force of the Covenant between the Kingdom of the Bahrain to the object and purpose of the Covenant. Netherlands and the Kingdom of Thailand." The Government of the Kingdom of the Netherlands "The Government of the Kingdom of the Netherlands recalls that, according to customary international law as has examined the reservations made by the Government codified in the Vienna Convention on the Law of Treaties, of Botswana upon signature of the International Covenant a reservation incompatible with the object and purpose of on Civil and Political Rights, and confirmed upon a treaty is not permitted. ratification, regarding articles 7 and 12, paragraph 3, of It is in the common interest of States that treaties to the Covenant. The Government of the Kingdom of the which they have chosen to become party are respected, as Netherlands notes that the said articles of the Covenant to their object and purpose, by all parties and that States are being made subject to a general reservation referring are prepared to undertake any legislative changes to the contents of existing legislation in Botswana. necessary to comply with their obligations under the The Government of the Kingdom of the Netherlands is treaties. of the view that, in the absence of further clarification, The Government of the Kingdom of the Netherlands these reservations raise doubts as to the commitment of objects to all of thereservations made by the Kingdom of Botswana as to the object and purpose of the Covenant Bahrain since they were made after accession, and and would like to recall that, according to customary specifically objects to the content of the reservation on international law as codified in the Vienna Convention on articles 3, 18 and 23 made by the Kingdom of Bahrain to the Law of Treaties, a reservation incompatible with the the International Covenant on Civil and Political Rights. object and purpose of a treaty shall not be permitted. This objection shall not preclude the entry into force of It is in the common interest of States that treaties to the Covenant between the Kingdom of the Netherlands which they have chosen to become parties are respected and the Kingdom of Bahrain." as to their object and purpose by all Parties and that States "The Government of the Kingdom of the Netherlands are preparedto undertake any legislative changes has examined the reservation made by the Republic of necessary to comply with their obligations under the Maldives to the International Covenant on Civil and treaties. Political Rights. The Government of the Kingdom of the The Government of the Kingdom of the Netherlands Netherlands considers that the reservation with respect to therefore objects to the aforesaid reservations made by the article 18 of the Covenant is a reservation incompatible Government of Botswana to the International Covenant with the object and purpose of the Covenant. on Civil and Political Rights. This objection shall not Furthermore, the Government of the Kingdom of the preclude the entry into force of the Covenant between the Netherlands considers that with this reservation the Kingdom of the Netherlands and Botswana." application of the International Covenant on Civil and "The Government of the Netherlands has examined Political Rights is made subject to the provisions of the reservation made by Mauritania to the International constitutional law in force in the Republic of Maldives. Covenant on Civil and Political Rights. This makes it unclear to what extent the Republic of The application of the Articles 18 and 23 of the Maldives considers itself bound by the obligations of the International Covenant on Civil and Political Rights has Covenant and therefore raises concerns as to the been made subject to religious considerations. This commitment of the Republic of Maldives to the object makes it unclear to what extent Mauritania considers itself and purpose of the Covenant. bound by the obligations of the treaty and therefore raises The Government of the Kingdom of the Netherlands concerns as to the commitment of Mauritania to the object recalls that, according to customary international law as and purpose of the Covenant. codified in the Vienna Convention on the Law of Treaties,
IV 4. HUMAN RIGHTS 28 a reservation incompatible with the object and purpose of codified in the Vienna Convention on the Law of Treaties, a treaty is not permitted. reservations incompatible with the object and purpose of a It is in the common interest of States that treaties to treaty shall not be permitted. which they have chosen to become party are respected, as The Government of the Kingdom of the Netherlands to their object and purpose, by all partiesand that States therefore objects to the reservations of the State of Qatar are prepared to undertake any legislative changes to the Covenant. necessary to comply with their obligations under the This objection shall not preclude the entry into force treaties. of the Covenant between the Kingdom of the Netherlands The Government of the Kingdom of the Netherlands and the State of Qatar.” therefore objects to the aforesaid reservation made by the Republic of Maldives to the International Covenant on NORWAY Civil and Political Rights and expresses the hope that the "1. In the view of the Government of Republic of Maldives will soon be able to withdraw its Norway, the reservation (2) concerning capital reservation in light of the ongoing process of a revision of punishment for crimes committed by persons below the Maldivian Constitution. eighteen years of age is according to the text and history This objection shall not preclude the entry into force of the Covenant, incompatible with the object and of the Covenant between the Kingdom of the Netherlands purpose of article 6 of the Covenant. According to article and the Republic of Maldives." 4 (2), no derogations from article 6 may be made, not even in times of public emergency. For these reasons the “The Government of the Kingdom of the Netherlands Government of Norway objects to this reservation. has carefully examined the reservation made by the 2. In the view of the Government of Government of the Lao People’s Democratic Republic Norway, the reservation (3) concerning article 7 of the upon ratification of the International Covenant on Civil Covenant is according to the text and interpretation of this and Political Rights. article incompatible with the object and purpose of the The Government of the Kingdom of the Netherlands Covenant. According to article 4 (2), article 7 is a non- considers that with this reservation the application of derogable provision, even in times of public emergency. Article 22 of the Covenant is made subject to national law For these reasons, the Government of Norway objects to in force in the Lao People’s Democratic Republic. This this reservation. makes it unclear to what extent the Lao People’s The Government of Norway does not consider this Democratic Republic considers itself bound by the objection to constitute an obstacle to the entry into force obligations under Article 22 of the Covenant. of the Covenant between Norway and the United States of The Government of the Kingdom of the Netherlands America." considers that such a reservation must be regarded as "In the view of the Government of Norway, a incompatible with the object and purpose of the Covenant statement by which a State Party purports to limit its and would recall that, according to Article 19 (c) of the responsibilities by invoking general principles of internal Vienna Convention on the Law of Treaties, a reservation law may create doubts about the commitment of the incompatible with the object and purpose of the Covenant reserving State to the objective and purpose of the shall not be permitted. Convention and, moreover, contribute to undermining the The Government of the Kingdom of the Netherlands basis of international treaty law. Under well-established therefore objects to the reservation made by the treaty law, a State is not permitted to invoke internal law Government of the Lao People’s Democratic republic to as justification for its failure to perform its treaty Article 22 of the Covenant. obligations. Furthermore, the Government of Norway This object does not constitute an obstacle to the entry finds the reservations made to article 8, paragraph 1 (d) into force of the Covenant between the Kingdom of the and article 9 as being problematic in view of the object Netherlands and the Lao People’s Democratic Republic.” and purpose of the Covenant. For these reasons, the “The Government of the Kingdom of the Netherlands Government of Norway objects to the said reservations has carefully examined the reservation and the statements made by the Government of Kuwait. made by the State of Qatar upon accession to the The Government of Norway does not consider this International Covenant on Civil and Political Rights, as objection to preclude the entry into force of the Covenant communicated by the Secretary-General via depositary between the Kingdom of Norway and the State of notification C.N.262.2018.TREATIES-IV.4 of 21 May Kuwait." 2018, and wishes to communicate the following. "The Government of Norway has examined the The Government of the Kingdom of the Netherlands contents of the reservation made by the Government of notes that Qatar does not consider itself bound by the Republic of Botswana upon ratification of the provisions of Article 3 and Article 23, paragraph 4, of the International Covenant on Civil and Political Rights. Covenant as these contravene provisions of the The reservation's reference to the national Constitution Constitution of Qatar or the Islamic Sharia. without further description of its contents, exempts the Further, the Government of the Kingdom of the other States Parties to the Covenant from the possibility Netherlands considers that the statements made by the of assessing the effects of the reservation. In addition, as State of Qatar with respect to Article 7, Article 18, the reservation concerns two of the core provisions of the paragraph 2, Article 22, and Article 23, paragraph 2, of Covenant, it is the position of the Government of Norway the Covenant in substance constitute reservations limiting that the reservation is contrary to the object and purpose the scope of these provisions of the Covenant, by of the Covenant. Norway therefore objects to the applying these provisions only in conformity with the reservation made by the Government of Botswana. Islamic Sharia and/or national legislation of the State of This objection does not preclude the entry into force in Qatar. its entirety of the Covenant between the Kingdom of The Government of the Kingdom of the Netherlands Norway and the Republic of Botswana. The Covenant considers that such reservations, which seek to limit the thus becomes operative between Norway and Botswana responsibilities of the reserving State under the Covenant without Botswana benefiting from the said reservation." by invoking provisions of the Islamic Sharia and/or national legislation, are likely to deprive the provisions of “The Government of Norway has examined the the Covenant of their effect and therefore must be reservations made by the Islamic Republic of Pakistan regarded as incompatible with the object and purpose of upon ratification of the International Covenant on Civil the Covenant. and Political Rights. The Government of Norway The Government of the Kingdom of the Netherlands considers that the reservations with regard to articles 3, 6, recalls that according to customary international law, as 7, 12, 13, 18, 19, 25 and 40 of the Covenant are so
IV 4. HUMAN RIGHTS 29 extensive as to be contrary to its object and purpose. The POLAND Government of Norway therefore objects to the reservations made by the Islamic Republic of Pakistan. "The Government of the Republic of Poland has This objection does not preclude the entry into force of examined the Declaration made by Mauritania upon the Covenant between the Kingdom of Norway and the accession to the International Covenant on Civil and Islamic Republic of Pakistan. The Covenant thus Political Rights, done in New York on 16 December becomes operative between the Kingdom of Norway and 1966, hereinafter called the Covenant, in respect of the Islamic Republic of Pakistan without the Islamic Articles 18 and 23 (4). Republic of Pakistan benefiting from the aforesaid The Government of the Republic of Poland considers reservations.” that the Declaration made Mauritania - which constitutes “… the Government of the Kingdom of Norway has de facto a reservation - is incompatible with the object carefully examined the reservations and statements made and purpose of the Covenant which guarantees every by the State of Qatar upon accession to the International person equal enjoyment of the rights set forth in the Covenant on Civil and Political Rights of 16 December Covenant. 1966. The Government of the Republic of Poland therefore The reservations made by the State of Qatar to Article considers that, according to the customary international 3 and Article 23 (4), as well as the statements concerning law as codified in the Vienna Convention on the Law of Article 7, Article 18 (2), Article 22 and Article 23 (2), Treaties, done at Vienna on 23 May 1969, a reservation make the application of specific provisions of the incompatible with the object and purpose of a treaty shall Covenant subject to the Islamic Sharia or national not be permitted (Article 19 c). legislation. Statements 1 to 4 are thus also formulated as Furthermore, the Government of the Republic of reservations. The Government of the Kingdom of Norway Poland considers that the Declaration made by Mauritania is of the view that the above-mentioned provisions is not precise enough to define for the other State Parties concern essential elements of the Covenant, and that the the extent to which Mauritania has accepted the obligation State of Qatar, by making the application of these of the Covenant. provisions subject to the Islamic Sharia or national law, The Government of the Republic of Poland therefore has submitted reservations which raise doubts as to the objects to Declaration made by Mauritania. full commitment of the Government of the State of Qatar This objection does not preclude the entry into force of to the object and purpose of the Covenant. These the Covenant between the Republic of Poland and reservations are thus not permitted under international Mauritania." law. The State of Qatar has furthermore declared that it “The Government of the Republic of Poland has ‘shall interpret Article 27 of the Covenant that professing examined the reservations made by the Islamic Republic and practicing one’s own religion require that they do not of Pakistan upon accession to the International Covenant violate the rules of public order and public morals, the on Civil and Political Rights, opened for signature at New protection of public safety and public health, or the rights York on 19 December 1966, with regard to Articles 3, 6, of and basic freedoms of others’. If this statement is to be 7, 12, 13, 18, 19, 25 and 40 of the Covenant. understood as a mere reference to Article 18 (3) of the In the view of the Government of the Republic of Covenant, the statement is acceptable to the Government Poland, if put into practice, the reservations made by the of the Kingdom of Norway. However, if the statement is Islamic Republic of Pakistan, especially when taking into meant to make the application of Article 27 subject to account their unspecified extent and the vast area of rights specific national rules, which are not further specified,this they affect, will considerably limit the ability to benefit statement also lacks the necessary clarity and raises doubt from the rights guaranteed by the Covenant. as to the full commitment of the Government of the State Consequently, the Government of the Republic of of Qatar to the object and purpose of the Covenant. Poland considers these reservations as incompatible with The Government of the Kingdom of Norway thus the object and purpose of the Covenant, which is to objects to the reservations made by the State of Qatar with guarantee equal rights to everyone without any regard to Article 3, Article 7, Article 18 (2), Article 22, discrimination. In consequence, according to Article 19 Article 23 (2) and Article 23 (4). The statement related to (c) of the Vienna Convention on the Law of Treaties, Article 27 is acceptable to the Government of the which is a treaty and customary norm, these reservations Kingdom of Norway as far as it is in conformity with shall not be permitted. Article 18 (3). In order to justify its will to exclude the legal This objection shall not preclude the entry into force consequences of certain provisions of the Covenant, the of the Covenant between the Kingdom of Norway and the Islamic Republic of Pakistan raised in its reservations the State of Qatar.” inconsistency of these provisions with its domestic legislation. The Government of the Republic of Poland PAKISTAN recalls that, according to Article 27 of the Vienna "The Government of Islamic Republic of Pakistan Convention on the Law of Treaties, the State Party to an objects to the declaration made by the Republic of India international agreement may not invoke the provisions of in respect of article 1 of the International Covenant on its internal law as justification for its failure to perform a Civil and Political Rights. treaty. On the contrary, it should be deemed a rule that a The right of Self-determination as enshrined in the State Party adjusts its internal law to the treaty which it Charter of the United Nations and as embodied in the decides to be bound by. On these grounds, the Covenants applies to all peoples under foreign occupation reservations made by the Islamic Republic of Pakistan and alien domination. with regard to Articles 3, 6, 7, 12, 13, 18, 19 and 25 of the The Government of the Islamic Republic of Pakistan Covenant shall not be permitted. cannot consider as valid any interpretation of the right of The Islamic Republic of Pakistan refers in its self-determination which is contrary to the clear language reservations to the Sharia laws and to its domestic of the provisions in question. Moreover, the said legislation as possibly affecting the application of the reservation is incompatible with the object and purpose of Covenant. Nonetheless it does not specify the exact the Covenants. This objection shall not preclude the entry content of these laws and legislation. As a result, it is into force of the Covenant between the Islamic Republic impossible to clearly define the extent to which the of Pakistan and India without India benefiting from its reserving State has accepted the obligations of the reservations." 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.
IV 4. HUMAN RIGHTS 30 Furthermore, the Government of the Republic of Poland considers that reservations aimed at limitation or In view of the above, the Government of the Republic exclusion of the application of treaty norms stipulating of Poland objects to the reservations of the State of Qatar non-derogable rights are in opposition with the purpose of with regard to Article 3 and Article 23(4), as well as to this treaty. On these grounds, the reservations made with the statements of this State with regard to Article 7, regard to Articles 6 and 7 of the Covenant are Article 18(2), Article 22, Article 23(2) and Article 27 of impermissible. the Covenant on Civil and Political Rights, done in New The Government of the Republic of Poland objects York on 16 December 1966. also to the reservation made by the Islamic Republic of Pakistan with regard to Article 40 of the Covenant This objection does not hinder entrance into force of considering it as impermissible as it undermines the basis the Covenant in the relations between the Republic of of the United Nations mechanism of monitoring of the Poland and the State of Qatar.” respect of human rights. The Government of the Republic of Poland considers the reporting obligations of States PORTUGAL Parties to the Covenant to be of utmost importance for the [See under "Objections" in chapter IV.3.] effectiveness of the UN system of the protection of "The Government of Portugal considers that the human rights and as such – not of optional nature. reservation made by the United States of America Therefore, the Government of the Republic of Poland referring to article 6, paragraph 5 of the Covenant which objects to the reservations made by the Islamic Republic prohibits capital punishment for crimes committed by of Pakistan upon accession to the International Covenant persons below eighteen years of age is in compatible with on Civil and PoliticalRights opened for signature at New article 6 which, as made clear by paragraph 2 of article 4, York on 19 December 1966, with regard to Articles 3, 6, lays down the minimum standard for the protection of the 7, 12, 13, 18, 19, 25 and 40 of the Covenant. right to life. This objection does not preclude the entry into force of The Government of Portugal also considers that the the Covenant between the Republic of Poland and the reservation with regard to article 7 in which a State limits Islamic Republic of Pakistan." its responsibilities under the Covenant by invoking “The Government of the Republic of Poland has general principles of National Law may create doubts on reviewed the reservations made by the State of Qatar the commitments of the Reserving State to the object and along with the ratification document to the International purpose of the Covenant and, moreover, contribute to Covenant on Civil and Political Rights, done in New York undermining the basis of International Law. on December 16, 1966, with regard to Article 3 and The Government of Portugal therefore objects to the Article 23(4), as well as the statements which the State of reservations made by the United States of America. These Qatar made with regard to Article 7, Article 18(2), Article objections shall not constitute an obstacle to the entry into 22, Article 23(2) and Article 27 of the Covenant. force of the Covenant between Portugal and the United States of America." The Government of the Republic of Poland is of the "The Government of the Portuguese Republic has view that the application of the reservations and examined the reservation made by the Government of the statements made by the State of Qatar will introduce too Republic of Botswana to article 7 of the International wide restrictions in the implementation of the provisions Covenant on Civil and Political Rights (New York, 16 of the Covenant as regards the essential spheres of social December 1966). life (among others equality between women and men in The Government of the Portuguese Republic is of the the exercise of their civil and political rights, freedom to view that, according to article 4 (2) of the Covenant, the marry, rights of a woman of marriageable age to marry, said reservation is incompatible with its object and prohibition of inhuman or degrading punishment, freedom purpose. of religion and the right to form and to join trade unions). Furthermore, this reservation goes against the general principle of treaty interpretation according to which a Accordingly, the Government of the Republic of State party to a treaty may not invoke the provisions of its Poland considers these reservations and statements to be internal law as justification for failure to perform inconsistent with the object and purpose of the Covenant, according tothe obligations set out by the said treaty. It is which aims to create conditions that guarantee any person the common interest of States that treaties to which they enjoyment of civil and political rights, and as such, to be have chosen to become parties are respected, as to their unacceptable under Article 19(c) of the Vienna object and purpose, by all parties and that States are Convention on the Law of Treaties. prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. In its reservations, the State of Qatar has referred to The Government of the Portuguese Republic considers the incompatibility of the provisions of the Covenant with that the Government of the Republic of Botswana, by its internal law (the Constitution) and Islamic law as limiting its responsibilities under the Covenant by justification for its intention to exclude the legal effects of invoking general principles of its Constitutional Law, may certain provisions of the Covenant. create doubts on its commitment to the Covenant and, moreover, contribute to undermine the basis of The Government of the Republic of Poland notes that International Law. pursuant to Article 27 of the Vienna Convention on the The Government of the Portuguese Republic therefore Law of Treaties, a State Party to a treaty may not invoke objects to the reservation made by the Government of the the provisions of its internal law as justification for its Republic of Botswana to article 7 of the Covenant. This failure to perform a treaty. Conversely, the domestic law objection shall not constitute an obstacle to the entry into should, as a rule be brought into line with the provisions force of the Covenant between the Portuguese Republic of a treaty by which given state is bound. and the Republic of Botswana." "The Government of Portugal considers that In addition, while referring in its statements to Islamic reservations by which a State limits its responsibilities law, national labor law and national legislation, as well as under the International Covenant on Civil and Political to the rights and fundamental freedoms of others, the Rights (ICCPR) by invoking certain provisions of State of Qatar does not indicate the specific content national law in general terms may create doubts as to the thereof that may apply to the implementation of the commitment of the reserving State to the object and Covenant, which renders it impossible to determine the purpose of the convention and, moreover, contribute to exact scope of application of the provisions of the undermining the basis of international law. Covenant in relation to the State of Qatar.
IV 4. HUMAN RIGHTS 31 It is in the common interest of all States that treaties to that States are prepared to undertake any legislative which they have chosen to become parties are respected changes necessary to comply with their obligations under as to their object and purpose by all parties and that States the Treaties. are prepared to undertake any legislative changes The Government of the Portuguese Republic necessary to comply with their obligations under the furthermore notes that the Islamic Republic of Pakistan treaties. does not recognize the competence of the Committee The Government of Portugal therefore objects to the provided for in Article 40 of the Covenant. reservation by Turkey to the ICCPR. This objection shall The Government of the Portuguese Republic is of the not constitute an obstacle to the entry into force of the view that the reporting mechanism is a procedural Covenant between Portugal and Turkey." requirement of the Covenant, an integral undertaking of "Portugal considers that the declaration concerning its States Parties and that the reservation is likely to both Article 18 and Article 23, paragraph 4 is a undermine the international human rights treaty body reservation that seeks to limit the scope of the Covenant system. Thus, the reservation to article 40 is contrary to on a unilateral basis and that is not authorised by the the object and purpose of the Covenant. Covenant. The Government of the Portuguese Republic recalls This reservation creates doubts as to the commitment that, according to customary international law as codified of the reserving State to the object and purpose of the in the Vienna Convention on the Law of Treaties, a Convention and, moreover, contributes to undermining reservation incompatible with the object and purpose of the basis of international law. the Convention shall not be permitted. The Government of the Portuguese Republic, The Government of the Portuguese Republic therefore therefore, objects to the above reservation made by the objects to the aforesaid reservations made by the Mauritanian Government to the International Covenant on Government of the Islamic Republic of Pakistan to Civil and Political Rights. Articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the This objection shall not preclude the entry into force International Covenant on Civil and Political Rights, New of the Covenant between Portugal and Mauritania." York, 16 December 1966. "The Government of the Portuguese Republic has However, these objections shall not preclude the entry carefully examined the reservation made by the Republic into force of the Covenant between the Portuguese of Maldives to the International Covenant on Civil and Republic and the Islamic Republic of Pakistan.” Political Rights (ICCPR). According to the reservation, the application of the “The Government of the Portuguese Republic has principles set out in Article 18 of the Covenant shall be examined the contents of the reservation to Articles 3 and without prejudice to the Constitution of the Republic of 23 (4) and of the statements regarding Articles 7, 18 (2), Maldives. Portugal considers that this article is a 22 and 23 (2) of the International Covenant on Civil and fundamental provision of the Covenant and the Political Rights made by the State of Qatar. reservation makes it unclear to what extent the Republic of Maldives considers itself bound by the obligations of The Government of the Portuguese Republic considers the Covenant, raises concerns as to its commitment to the that the reservations to Article 3 and to Article 23 (4) of object and purpose of the Covenant and, moreover, the International Covenant on Civil and Political Rights contribute to undermining the basis of international law. are contrary to the object and purpose of the International It is in the common interest of all States that Covenant on Civil and Political Rights. treaties to which they have chosen to become parties are respected as to their object and purpose by all parties and Furthermore, it considers that the statements regarding that States are prepared to undertake any legislative Articles 7, 18 (2), 22 and changes necessary to comply with their obligations under 23 (2) are in fact reservations that seek to limit the these treaties. The Government of the Portuguese scope of the Covenant on a unilateral basis. Republic, therefore, objects to the above mentioned reservation made by the Republic of Maldives to the The Government of the Portuguese Republic considers ICCPR. This objection shall not preclude the entry into that reservations by which a State limits its force of the Convention between Portugal and the responsibilities under [the International Covenant on Civil Maldives." and Political Rights] by invoking the domestic law or/and religious beliefs and principles [raise] doubts as to the “The Government of the Portuguese Republic has commitment of the reserving State to the object and examined the reservations made by the Islamic Republic purpose of the Convention, as such reservations are likely of Pakistan upon ratification of the International Covenant to deprive the provisions of the Convention of their effect on Civil and Political Rights, New York, 16 December and are contrary to the object and purpose thereof. 1966. The Government of the Portuguese Republic considers The Government of the Portuguese Republic recalls that the reservations made by the Islamic Republic of that, according to customary international law as codified Pakistan to Articles 3, 6, 7, 12, 13, 18, 19 and 25 are in the Vienna Convention on the Law of Treaties, a reservations that seek to subject the application of the reservation incompatible with the object and purpose of Covenant to its Constitution, its domestic law or/and the Covenant shall not be permitted. Sharia Law, limiting the scope of the [Covenant] on an unilateral basis and contributing to undermining the basis Thus, the Government of the Portuguese Republic of International Law. objects to these reservations. The Government of the Portuguese Republic considers that reservations by which a State limits its This objection shall not preclude the entry into force responsibilities under the International Covenant on Civil of the Covenant between the Portuguese Republic and the and Political Rights by invoking its Constitution, the State of Qatar.” domestic law or/and the Sharia Law raise serious doubts as to the commitment of the reserving State to the object and purpose of the Covenant, as the reservations are likely REPUBLIC OF MOLDOVA to deprive the provisions of the Covenant of their effect “The Republic of Moldova has carefully examined the and are contrary to the object and purpose thereof. reservations and statements made by the State of Qatar on It is in the common interest of all the States that May 21, 2018 upon accession to the International Treaties to which they have chosen to become parties are Covenant on Civil and Political Rights of 16 December respected as to their object and purpose by all parties and 1966.
IV 4. HUMAN RIGHTS 32 The reservations to Article 3 and to Article 23.4 as The Islamic Republic of Pakistan declares that the well statements 1 to 4 make the application of specific provisions of Article 25 shall be so applied to the extent provisions of the Covenant subject to the Islamic Sharia that they are not repugnant to the Provisions of the or national legislation. Statements 1 to 4 are thus of their Constitution of Pakistan. The Government of the Islamic nature also reservations. Republic of Pakistan hereby declares that it does not The Republic of Moldova considers that the recognize the competence of the Committee provided for reservations regarding Articles 3, 7, 18.2, 22, 23.2 and in Article 40 of the Covenant’. 23.4 of the Covenant are incompatible with the object and The Slovak Republic considers that with the purpose of the Covenant since these articles form an reservations to Articles 3, 6, 7, 18 and 19 the application essential element of the Covenant, and are accordingly of the International Covenant on Civil and Political Rights not permitted under Article 19 sub-paragraph (c) of the is made subject to the Islamic Sharia law. Moreover it Vienna Convention on the Law of Treaties of 23 May considers the reservations with respect to Articles 12, 13, 1969. 25 and 40 of the Covenant as incompatible with the object Therefore, the Republic of Moldova objects to the and purpose of the Covenant. This makes it unclear to aforementioned reservations made by the State of Qatar. what extent the Islamic Republic of Pakistan considers This objection shall not preclude the entry into force itself bound by the obligations of the Covenant as to its or the Covenant between the Republic of Moldova and commitment to the object and purpose of the Covenant. the State or Qatar. The Covenant enters into force in its It isin the common interest of States that all parties [entirety] between the Republic of Moldova and the State respect treaties to which they have chosen to become of Qatar, without the State of Qatar benefiting from its party, as to their object and purpose, and that States are reservation[s].” prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. The Slovak Republic recalls that the customary ROMANIA international law, as codified by the Vienna Convention “Romania has examined the reservation and the on the Law of Treaties, and in particular Article 19 (c), declaration made upon [accession] by the State of Qatar sets out that the reservation that is incompatible with the to the International Covenant on Civil and Political Rights object and purpose of a treaty is not permitted. The (New York, 1966). Slovak Republic therefore objects to the reservations made by the Islamic Republic of Pakistan to Articles 3, 6, Romania considers that the declaration aiming to 7, 12, 13, 18, 19, 25 and 40 of the Covenant. interpret the term ‘punishment’ in Article 7, as well as the This objection shall not preclude the entry into force provisions of Articles 18.2, 22 and 23.2 of the Covenant of the Covenant between the Slovak Republic and the in the light of the Islamic sharia and the national Islamic Republic of Pakistan, without the Islamic legislation respectively amounts to reservations of Republic of Pakistan benefiting from its reservations." undefined character, inadmissible under the Vienna Convention on the Law of Treaties. The same character SPAIN has the reservation made in relation to Article 23.4 of the ... After careful consideration of the reservations made Covenant. In accordance with Article 27 of Vienna by the United States of America, Spain wishes to point Convention on the Law of Treaties, it is the duty of States out that pursuant to article 4, paragraph 2, of the Parties to a treaty to ensure that their internal law allows Covenant, a State Party may not derogate from several the application and observance of the treaty. basic articles, among them articles 6 and 7, including in time of public emergency which threatens the life of the Moreover, the general nature of these reservations nation. limits the understanding as to the extent of the obligations The Government of Spain takes the view that assumed by State of Qatar under International Covenant reservation (2) of the United States having regard to on Civil and Political Rights. capital punishment for crimes committed by individuals under 18 years of age, in addition to reservation (3) Therefore, Romania objects to these reservations having regard to article 7, constitute general derogations formulated by State of Qatar to the International Covenant from articles 6 and 7, whereas, according to article 4, on Civil and Political Rights as being incompatible with paragraph 2, of the Covenant, such derogations are not to the scope and purpose of the International Covenant on be permitted. Civil and Political Rights, as required by the Article 19 ( Therefore, and bearing in mind that articles 6 and 7 c) of the Vienna Convention on the Law of Treaties. protect two of the most fundamental rights embodied in the Covenant, the Government of Spain considers that This objection shall not affect the entry into force of these reservations are incompatible with the object and the International Covenant on Civil and Political Rights purpose of the Covenant and, consequently, objects to between Romania and State of Qatar.” them. 7,15,32 This position does not constitute an obstacle to the SLOVAKIA entry into force of the Covenant between the Kingdom of “The Slovak Republic has examined the reservations Spain and the United States of America. made by the Islamic Republic of Pakistan upon its The Government of the Kingdom of Spain has ratification of the International Covenant on Civil and examined the reservation made on 16 December 2000 by Political Rights of 16 December 1966, according to the Government of the Republic of Botswana to article 7 which: of the International Covenant on Civil and Political ‘[The] Islamic Republic of Pakistan declares that the Rights, which makes its adherence to that article provisions of Articles 3, 6, 7, 18 and 19 shall be so conditional by referring to the current content of applied to the extent that they are not repugnant to the Botswana's domestic legislation. Provisions of the Constitution of Pakistan and the Sharia The Government of the Kingdom of Spain considers laws. that this reservation, by referring to domestic law, affects The Islamic Republic of Pakistan declares that the one of the fundamental rights enshrined in the Covenant provisions of Article 12 shall be so applied as to be in (prohibition of torture, right to physical integrity), from conformity with the Provisions of the Constitution of which no derogation is permitted under article 4, Pakistan. paragraph 2, of the Covenant. The Government of Spain With respect to Article 13, the Government of the also considers that the presentation of a reservation Islamic Republic of Pakistan reserves its right to apply its referring to domestic legislation, in the absence of further law relating to foreigners. clarifications, raises doubts as to the degree of
IV 4. HUMAN RIGHTS 33 commitment assumed by the Republic of Botswana in without specifying their content, in no way excludes the becoming a party to the Covenant. legal effects of the obligations arising from the relevant Accordingly, the Government of the Kingdom of provisions of the Covenant. Spain objects to the above-mentioned reservation made Accordingly, the Government of the Kingdom of by the Government of the Republic of Botswana to article Spain objects to the reservations made by Pakistan to 7 of the Covenant on Civil and Political Rights of 1966. articles 3, 6, 7, 12, 13, 18, 19, 25 and 40 of the This objection does not prevent the entry into force of International Covenant on Civil and Political Rights. the Covenant between the Kingdom of Spain and the This objection does not prevent the entry into force of Republic of Botswana. the Covenant between the Kingdom of Spain and "The Government of the Kingdom of Spain has Pakistan. reviewed the reservation made by the Republic of Maldives on 19 September 2006, at the time of its SWEDEN accession to the International Covenant on Civil and "... In this context the Government recalls that under Political Rights of 16 December 1966. international treaty law, the name assigned to a statement The Government of the Kingdom of Spain observes whereby the legal effect of certain provisions of a treaty is that the broad formulation of the reservation, which excluded or modified, does not determine its status as a makes the application of article 18 of the International reservation to the treaty. Thus, the Government considers Covenant on Civil and Political Rights conditional on its that some of the understandings made by the United conformity with the Constitution of Maldives without States in substance constitute reservations to the specifying the content thereof, renders it impossible to Covenant. ascertain to what extent the Republic of Maldives has A reservation by which a State modifies or excludes accepted the obligations arising from that provision of the the application of the most fundamental provisions of the Covenant and, in consequence, raises doubts about its Covenant, or limits its responsibilities under that treaty by commitment to the object and purpose of the treaty. invoking general principles of national law, may cast The Government of the Kingdomof Spain considers doubts upon the commitment of the reserving State to the the reservation of the Republic of Maldives to the object and purpose of the Covenant. The reservations International Covenant on Civil and Political Rights as made by the United States of America include both incompatible with the object and purpose of the reservations to essential and non-derogable provisions, Covenant. and general references to national legislation. The Government of the Kingdom of Spain recalls that, Reservations of this nature contribute to undermining the under customary international law as codified in the basis of international treaty law. All States Parties share a Vienna Convention on the Law of Treaties, reservations common interest in the respect for the object and purpose incompatible with the object and purpose of a treaty are of the treaty to which they have chosen to become parties. not permitted. Sweden therefore objects to the reservations made by Accordingly, the Government of Spain objects to the the United States to: reservation made by the Republic of Maldives to the - article 2; cf. Understanding (1); International Covenant on Civil and Political Rights. - article 4; cf. Understanding (1); This objection does not prevent the entry into force of - article 6; cf. Reservation (2); the International Covenant on Civil and Political Rights - article 7; cf. Reservation (3); between the Kingdom of Spain and the Republic of - article 15; cf. Reservation (4); Maldives." - article 24; cf. Understanding (1). This objection does not constitute an obstacle to the The Government of the Kingdom of Spain has entry into force of the Covenant between Sweden and the examined the reservations made by Pakistan upon United States of America." ratification of the International Covenant on Civil and "The Government of Sweden notes that the Political Rights, concerning articles 3, 6, 7, 12, 13, 18, 19, interpretative declarations regarding article 2, paragraph 25 and 40 of the said Covenant. 1, article 3 and 23 imply that central provisions of the The Government of the Kingdom of Spain considers Covenant are being made subject to a general reservation that the above-mentioned reservations are incompatible referring to the contents of national law. The Government with the object and purpose of the Covenant, since they of Sweden further notes that the reservation concerning are intended to exempt Pakistan from its commitment to article 25 (b) is contrary to the object and purpose of the respect and guarantee certain rights essential for the Covenant. fulfilment of the object and purpose of the Covenant, such The Government of Sweden is of the view that these as equality between men and women; the right to life and interpretative declarations and this reservation raise restrictions on the imposition of the death penalty; the doubts as to the commitment of Kuwait to the object and prohibition of torture and other cruel, inhuman or purpose of the Covenant. degrading treatment; freedom of thought, conscience and It is in the common interest of States that treaties to religion; freedom of expression; liberty of movement and which they have chosen to become parties are respected freedom in choice of residence; restrictions on the as to their object and purpose by all parties, and that states expulsion of aliens lawfully in the territory of a State are prepared to undertake any legislative changes Party; and the right to take part in public affairs, the right necessary to comply with their obligations under the to vote and to be elected and the right to have access to treaties. public service on terms of equality, or to limit the said The Government of Sweden therefore objects to the commitment in an undefined manner. aforesaid interpretative declarations and reservation made The Government of the Kingdom of Spain also by the Government of Kuwait upon accession to the [said considers that the reservation whereby Pakistan declares Covenant]. that it does not recognize the competence of the Human This objection does not preclude the entry into force in Rights Committee provided for in article 40 of the its entirety of the Covenant between Kuwait and Covenant is incompatible with the object and purpose of Sweden." the Covenant. "The Government of Sweden has examined the Furthermore, the Government of the Kingdom of reservation made by Botswana upon signature of the 1966 Spain considers that the above-mentioned reservations International Covenant on Civil and Political Rights, and made by Pakistan, subordinating the application of certain confirmed upon ratification, regarding articles 7 and 12 articles of the Covenant either to their conformity with (3) of the Covenant. sharia law or to their conformity with the Constitution of The Government of Sweden notes that the said articles Pakistan, or to both, to which general reference is made of the Covenant are being made subject to a general
IV 4. HUMAN RIGHTS 34 reservation referring to the contents of existing legislation incompatible with the object and purpose of the in Botswana. Covenant. The Government of Sweden is of the view that, in the According to established customary law as codified by absence of further clarification, this reservation raises the Vienna Convention on the Law of Treaties, doubts as to the commitment of Botswana to the object reservations incompatible with the object and purpose of a and purpose of the Covenant and would like to recall that, treaty shall not be permitted. It is in the common interest according to customary international law as codified in of all States that treaties to which they have chosen to the Vienna Convention on the Law of Treaties, a become parties are respected as to their object and reservation incompatible with the object and purpose of a purpose, by all parties, and that States are prepared to treaty shall not be permitted, undertake any legislative changes necessary to comply It is in the common interest of States that treaties to with their obligations under the treaties. which they have chosen to become parties are respected The Government of Sweden therefore objects to the as to their object and purpose, by all parties, and that aforesaid reservations made by the Republic of Turkey to States are prepared to undertake any legislative changes the International Covenant on Civil and Political Rights. necessary to comply with their obligations under the This objection shall not preclude the entry into force treaties. of the Covenant between the Republic of Turkey and The Government of Sweden therefore objects to the Sweden. The Covenant enters into force in its entirety aforesaid reservation made by the Government of between the two States, without the Republic of Turkey Botswana to the International Covenant on Civil and benefiting from its reservations. Political Rights. This objection shall not preclude the "The Government of Sweden has examined the entry into force of the Covenant between Botswana and declarations made by the Government of Mauritania upon Sweden. The Covenant enters into force in its entirety accession to the International Covenant on Civil and between the two States, without Botswana benefiting Political Rights, regarding Article 18 and paragraph 4 of from its reservation." Article 23. The Government of Sweden has examined the The Government of Sweden would like to recall that declarations and reservation made by the Republic of the designation assigned to a statement whereby the legal Turkey upon ratifying the International Covenant on Civil effect of certain provisions of a treaty is excluded or and Political Rights. modified does not determine its status as a reservation to The Republic of Turkey declares that it will the treaty.The Government of Sweden considers that this implement the provisions of the Covenant only to the declaration made by the Government of Mauritania in State parties with which it has diplomatic relations. This substance constitutes a reservation. statement in fact amounts, in the view of the Government The reservations make general references to the of Sweden, to a reservation. The reservation of the Islamic Sharia. The Government of Sweden is of the view Republic of Turkey makes it unclear to what extent the that the reservations which do not clearly specify the Republic of Turkey considers itself bound by the extent of Mauritania's derogation from the provisions in obligations of the Covenant. In absence of further question raises serious doubts as to the commitment of clarification, therefore, the reservation raises doubt as to Mauritania to the object and purpose of the Covenant. In the commitment of the Republic of Turkey to the object addition, article 18 of the Covenant is among the and purpose of the Covenant. provisions from which no derogation is allowed, The Republic of Turkey furthermore declares that the according to article 4 of the Covenant. Covenant is ratified exclusively with regard to the The Government of Sweden wishes to recall that, national territory where the Constitution and the legal and according to customary international law as codified in administrative order of the Republic of Turkey are the Vienna Convention on the Law of Treaties, a applied. This statement also amounts, in the view of the reservation that is incompatible with the object and Government of Sweden, to a reservation. It should be purpose of a treaty shall not be permitted. It is in the recalled that the duty to respect and ensure the rights common interest of States that all parties respect treaties recognized in the Covenant is mandatory upon State to which they have chosen to become parties as to their parties in relation to all individuals under their object and purpose, and that States are prepared to jurisdiction. A limitation to the national territory is undertake any legislative changes necessary to comply contrary to the obligations of State parties in this regard with their obligations under the treaties. and therefore incompatible with the object and purpose of The Government of Sweden therefore objects to the the Covenant. aforesaid reservations made by the Government of The Government of Sweden notes that the Mauritania to the International Covenant on Civil and interpretation and application of article 27 of the Political Rights and considers the reservation null and Covenant is being made subject to a general reservation void. This objection does not preclude the entry into referring to the Constitution of the Republic of Turkey force of the Covenant between Mauritania and Sweden. and the Treaty of Lausanne of 24 July 1923 and its The Covenant enters into force in its entirety between the Appendixes. The general reference to the Constitution of two States, without Mauritania benefiting from its the Republic of Turkey, which, in the absence of further reservation." clarification, does not clearly specify the extent of the "...the Government of Sweden has examined the Republic of Turkey's derogation from the provision in reservation made by the Government of the Republic of question, raises serious doubts as to the commitment of Maldives on 19 September 2006 to the International the Republic of Turkey to the object and purpose of the Covenant on Civil and Political Rights. Covenant. The Government of Sweden notes that the Maldives The Government of Sweden furthermore wishes to gives precedence to its Constitution over the application recall that the rights of persons belonging to minorities in of article 18 of the Covenant. The Government of Sweden accordance with article 27 of the Covenant are to be is of the view that this reservation, which does not clearly respected without discrimination. As has been laid down specify the extent of the Maldives' derogation from the by the Human Rights Committee in its General comment provision in question, raises serious doubt as to the 23 on Article 27 of the Covenant, the existence of a commitment of the Maldives to the object and purpose of minority does not depend upon a decision by the state but the Covenant. requires to be established by objective criteria. The According to international customary law, as codified subjugation of the application of article 27 to the rules and in the Vienna Convention on the Law of Treaties, provisions of the Constitution of the Republic of Turkey reservations incompatible with the object and purpose of a and the Treaty of Lausanne and its Appendixes is, treaty shall not be permitted. It is in the common interest therefore, in the view of the Government of Sweden, of all States that treaties to which they have chosen to
IV 4. HUMAN RIGHTS 35 become parties, are respected as to their object and This objection does not preclude the entry into force of purpose by all parties, and that States are prepared to the Covenant between Switzerland and the Islamic undertake any legislative changes necessary to comply Republic of Pakistan.” with their obligations under the treaties. The Swiss Federal Council has examined the The Government of Sweden therefore objects to the reservations and declarations made by the State of Qatar aforesaid reservation made by the Republic of Maldives upon accession to the International Covenant on Civil and to the International Covenant on Civil and Political Rights Political Rights of 16 December 1966. and considers the reservation null and void. This The Swiss Federal Council considers that the objection shall not preclude the entry into force of the declarations concerning articles 7, 18 (2), 22 and 23 (2) of Covenant between the Maldives and Sweden. The the Covenant amount in fact to reservations. Reservations Covenant enters into force in its entirety between the subjecting all or part of articles 3, 7, 18 (2), 22 and 23 (3) Maldives and Sweden, without the Maldives benefiting and (4) of the Covenant in general terms to Sharia law from its reservation." and/or national legislation constitute reservations of “The Government of Sweden is of the view that these general scope which raise doubts about the full reservations raise serious doubt as to the commitment of commitment of the State of Qatar to the object and the Islamic Republic of Pakistan to the object and purpose purpose of the Covenant. The Swiss Federal Council of the Covenant, as the reservations are likely to deprive recalls that, according to sub-paragraph (c) of article 19 of the provisions of the Covenant of their effect and are the Vienna Convention of 23 May 1969 on the law of contrary to the object and purpose thereof. treaties, reservations incompatible with the object and The Government of Sweden furthermore notes that the purpose of the Covenant are not permitted. Islamic Republic of Pakistan does not recognize the It is in the common interest of States that instruments competence of the Committee provided for in article 40 of to which they have chosen to become parties be respected the Covenant. The Government of Sweden is of the view in their object and purpose by all parties and that States be that the reporting mechanism is a procedural requirement prepared to amend their legislation in order to fulfil their of the Covenant, an integral undertaking of its States treaty obligations. Parties and that the reservation is likely to undermine the Henceforth, the Swiss Federal Council objects to these international human rights treaty body system. Thus, the reservations by the State of Qatar. This objection shall not reservation to article 40 is contrary to the object and preclude the entry into force of the Covenant, in its purpose of the Covenant. entirety, between Switzerland and the State of Qatar. According to international customary law, as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN treaty shall not be permitted. It is in the common interest IRELAND of all States that treaties to which they have chosen to "The Government of the United Kingdom have noted become parties are respected as to their object and the statement formulated by the Government of the purpose by all parties, and that States are prepared to Republic of Korea on accession, under the title undertake any legislative changes necessary to comply "Reservations". They are not however able to take a with their obligations under the treaties. The Government position on these purported reservations in the absence of of Sweden therefore objects to the aforesaid reservations a sufficient indication of their intended effect, in made by the Islamic Republic of Pakistan to the accordance with the terms of the Vienna Convention on International Covenant on Civil and Political Rights and the Law of Treaties and the practice of the Parties to the considers the reservations null and void. Covenant. Pending receipt of such indication, the This objection shall not preclude the entry into force Government of the United Kingdom reserve their rights of the Covenant between Pakistan and Sweden. The under the Covenant in their entirety." Covenant enters into force in its entirety between Pakistan "The Government of the United Kingdom have and Sweden, without Pakistan benefiting from these examined the Declaration made by the Government of reservations.” Mauritania to the International Covenant on Civil and SWITZERLAND Political Rights (done at New York on 16 December 1966) on 17 November 2004 in respect of Articles 18 and Concerning the International Covenant on Civil and 23 (4). Political Rights of 16 December 1966: The Government of the United Kingdom consider that “The Swiss Federal Council has examined the the Government of Mauritania's declaration that: reservations made by the Islamic Republic of Pakistan ‘The Mauritanian Government, while accepting the upon its accession to the International Covenant on Civil provisions set out in article 18 concerning freedom of and Political Rights of 16 December 1966, with regard to thought, conscience and religion, declares that their articles 3, 6, 7, 18 and 19 of the Covenant. application shall be without prejudice to the Islamic The reservations to the articles, which refer to the Shariah. ... provisions of domestic law and Islamic Sharia law, do not The Mauritanian Government interprets the provisions specify their scope and raise doubts about the ability of of article 23, paragraph 4, on the rights and the Islamic Republic of Pakistan to honour its obligations responsibilities of spouses as to marriage as not affecting as a party to the Covenant. Furthermore, the Swiss in any way the prescriptions of the Islamic Shariah' is a Federal Council emphasizes that the third sentence of reservation which seeks to limit the scope of the Covenant article 6, paragraph 1; article 7; and article 18, paragraph on a unilateral basis. The Government of the United 2, constitute jus cogens and therefore enjoy absolute Kingdom note that the Mauritanian reservation specifies protection. particular provisions of the Convention Articles to which A general reservation to article 40, a key provision of the reservation is addressed. Nevertheless this reservation the Covenant, raises serious doubts as to the compatibility does not clearly define for the other States Parties to the of such a reservation with the object and purpose of the Convention the extent to which the reserving Sta has Covenant. accepted the obligations of the Convention. The Article 19 of the Vienna Convention on the Law of Government of the United Kingdom therefore object to Treaties of 23 May 1969 prohibits any reservation that is the aforesaid reservation made by the Government of incompatible with the object and purpose of a treaty. Mauritania. Consequently, the Swiss Federal Council objects to This objection shall not preclude the entry into force the aforesaid reservations made by the Islamic Republic of the Convention between the United Kingdom of Great of Pakistan to the International Covenant on Civil and Britain and Northern Ireland and Mauritania." Political Rights of 16 December 1966.
IV 4. HUMAN RIGHTS 36 "The Permanent Mission of the United Kingdom of 1. The State of Qatar shall interpret the term Great Britain and Northern Ireland to the United Nations “punishment” in Article 7 of the Covenant in accordance presents its compliments to the Secretary-General and has with the applicable legislation of Qatar and the Islamic the honour to refer to the reservation made by the Sharia. Government of the Maldives to the International Covenant on Civil and Political Rights, which reads: 2. The State of Qatar shall interpret Article 18, ‘The application of the principles set out in Article 18 paragraph 2, of the Covenant based on the understanding [freedom of thought, conscience and religion] of the that it does not contravene the Islamic Sharia. Covenant shall be without prejudice to the Constitution of The State of Qatar reserves the right to implement the Republic of the Maldives.' such paragraph in accordance with such understanding. In the view of the United Kingdom a reservation should clearly define for the other States Parties to the 3. The State of Qatar shall interpret that the term Covenant the extent to which the reserving State has “trade unions” and all related matters, as mentioned in accepted the obligations of the Covenant. A reservation Article 22 of the Covenant, are in line with the Labor Law which consists of a general reference to a constitutional and national legislation. The State of Qatar reserves the provision without specifying its implications does not do right to implement such article in accordance with such so. The Government of the United Kingdom therefore understanding. object to the reservation made by the Government of the Maldives. 4. The State of Qatar shall interpret Article 23, This objection shall not preclude the entry into force paragraph 2, of the Covenant in a manner that does not of the Covenant between the United Kingdom and the contravene the Islamic Sharia. The State of Qatar reserves Maldives." the right to implement such paragraph in accordance with such understanding. “The Government of the United Kingdom of Great Britain and Northern Ireland has examined the 5. The State of Qatar shall interpret Article 27 of the reservations made by the Government of Pakistan to the Covenant that professing and practicing one’s own [International] Covenant [on Civil and Political Rights] religion require that they do not violate the rules of public on 23 June 2010, which read: order and public morals, the protection of public safety 1. [The] Islamic Republic of Pakistan declares that the and public health, or the rights of and basic freedoms of provisions of Articles 3, 6, 7, 18 and 19 shall be so others. applied to the extent that they are not repugnant to the Provisions of the Constitution of Pakistan and the Sharia The Government of the United Kingdom considers laws. that the Government of the State of Qatar’s declarations 2. The Islamic Republic of Pakistan declares that the in respect of Article 7; Article 18, paragraph 2; Article 22; provisions of Articles 12 shall be so applied as to be in Article 23 and Article 27 are reservations which seek to conformity with the Provisions of the Constitution of limit the scope of the Covenant on a unilateral basis. The Pakistan. Government of the United Kingdom notes that a 3. With respect to Article 13, the Government of the reservation to a convention which consists of a general Islamic Republic of Pakistan reserves its right to apply its reference to national law or a system of law without law relating to foreigners. specifying its contents does not clearly define for the 4. [The] Islamic Republic of Pakistan declares that the other States Parties to a convention the extent to which provisions of Articles 25 shall be so applied to the extent the reserving State has accepted the obligations of the that they are not repugnant to the Provisions of the convention. The Government of the United Kingdom Constitution of Pakistan. therefore objects to the aforesaid reservations. 5. The Government of the Islamic Republic of Pakistan hereby declares that it does not recognize the These objections shall not preclude the entry into force competence of the Committee provided for in Article 40 of the Covenant between the United Kingdom of Great of the Covenant. Britain and Northern Ireland and the State of Qatar.” In the view of the United Kingdom a reservation should clearly define for the other States Parties to the Covenant the extent to which the reserving State has UNITED STATES OF AMERICA accepted the obligations of the Covenant. Reservations “The Government of the United States of America which consist of a general reference to a constitutional objects to Pakistan’s reservations to the ICCPR. Pakistan provision, law or system of laws without specifying their has reserved to Articles 3, 6, 7, 12, 13, 18, 19, and 25 of contents do not do so. the Covenant, which address the equal right of men and In addition, the United Kingdom considers that the women to the full enjoyment of civil and political rights, reporting mechanism enshrined in Article 40 is an the right to life, protections from torture and other cruel essential procedural requirement of the Covenant, and an inhuman or degrading treatment or punishment, freedom integral undertaking of States Parties to the Covenant. of movement, expulsion of aliens, the freedoms of The Government of the United Kingdom therefore thought, conscious and religion, the freedom of objects to the reservations made by the Government of expression, and the right to take part in political affairs. Pakistan. Pakistan has also reserved to Article 40, which provides The United Kingdom will re-consider its position in for a process whereby States Parties submit periodic light of any modifications or withdrawals of the reports on their implementation of the Covenant when so reservations made by the Government of Pakistan to the requested by the Human Rights Committee (HRC). Covenant.” These reservations raise serious concerns because they both obscure the extent to which Pakistan intends to “The Government of the United Kingdom of Great modify its substantive obligations under the Covenant and Britain and Northern Ireland has examined the also foreclose the ability of other Parties to evaluate declarations made by the Government of the State of Pakistan’s implementation through periodic reporting. As Qatar to the International Covenant on Civil and Political a result, the United States considers the totality of Rights (“the Covenant”), done at New York on 16 Pakistan’s reservations to be incompatible with the object December 1966, which read: and purpose of the Covenant. This objection does not constitute an obstacle to the entry into force of the Declarations Covenant between the United States and Pakistan, and the
IV 4. HUMAN RIGHTS 37 aforementioned articles shall apply between our two Committee to request, receive and consider reports from states, except to the extent of Pakistan’s reservations.” the State Party thwarts the aim of promoting universal and effective respect for human rights and fundamental URUGUAY freedoms, as set forth in the preamble of the Covenant. The Government of the Eastern Republic of Uruguay Accordingly, the Government of the Eastern Republic considers that the oversight procedures established by of Uruguay objects to the reservation made by the Islamic international human rights agreements are an essential Republic of Pakistan with respect to article 40 of the tool for monitoring and determining the degree to which International Covenant on Civil and Political Rights. States Parties are complying with their obligations and an This objection does not prevent the entry into force of integral part of the system for the international protection the Covenant between the Eastern Republic of Uruguay of human rights. Rejecting the competence of the and the Islamic Republic of Pakistan.
Declarations recognizing the competence of the Human Rights Committee under article 4144 (Unless otherwise indicated, the declarations were made upon ratification, accession or succession.)
receive and consider communications submitted by ALGERIA another State Party, provided that such State Party has, [The Government of the Democratic People's Republic not less than twelve months prior to the submission by it of Algeria] recognizes the competence of the Human of a communication relating to Belgium, made a Rights Committee referred to in article 28 of the declaration under article 41 recognizing the competence Covenant to receive and consider communications to the of the Committee to receive and consider communications effect that a State Party claims that another State Party is relating to itself. not fulfilling its obligations under the Covenant. BOSNIA AND HERZEGOVINA ARGENTINA "The Republic of Bosnia and Herzegovina in The instrument contains a declaration under article 41 accordance with article 41 of the said Covenant, of the Covenant by which the Government of Argentina recognizes the competence of the Human Rights recognizes the competence of the Human Rights Committee to receive and consider communications Committee established by virtue of the International submitted by another State Party to the effect that a State Covenant on Civil and Political Rights. Party claims that another State Party is not fulfilling its obligations under the Covenant." AUSTRALIA "The Government of Australia declares that it BULGARIA recognizes, for and on behalf of Australia, the competence "The Republic of Bulgaria declares that it recognizes of the Committee to receive and consider communications the competence of the Human Rights Committee to to the effect that a State Party claims that another State receive and consider communications to the effect that a Party is not fulfilling its obligations under the aforesaid State Party which has made a declaration recognizing in Convention." regard to itself the competence of the Committee claims that another State Party is not fulfilling its obligations under the Covenant." AUSTRIA [The Government of the Republic of Austria] declares under article 41 of the Covenant on Civil and Political CANADA Rights that Austria recognizes the competence of the "The Government of Canada declares, under article 41 Human Rights Committee to receive and consider of the International Covenant on Civil and Political communications to the effect that a State Party claims that Rights, that it recognizes the competence of the Human another State Party is not fulfilling its obligations under Rights Committee referred to in article 28 of the said the Covenant on Civil and Political Rights. Covenant to receive and consider communications submitted by another State Party, provided that such State Party has, not less than twelve months prior to the BELARUS submission by it of a communication relating to Canada, The Republic of Belarus declares that it recognizes the made a declaration under article 41 recognizing the competence of the Committee on Human Rights in competence of the Committee to receive and consider accordance with article 41 of the International Covenant communications relating to itself." on Civil and Political Rights to receive and consider communications to the effect that a State Party to the International Covenant on Civil and Political Rights CHILE claims that another State Party is not fulfilling its As from the date of this instrument, the Government obligations under the Covenant. of Chile recognizes the competence of the Human Rights Committee established under the International Covenant on Civil and Political Rights, in accordance with article BELGIUM 41 thereof, with regard to all actions which may have The Kingdom of Belgium declares that it recognizes been initiated since 11 March 1990. the competence of the Human Rights Committee under article 41 of the International Covenant on Civil and Political Rights. CONGO The Kingdom of Belgium declares, under article 41 of Pursuant to article 41 of the International Covenant on the International Covenant on Civil and Political Rights, Civil and Political Rights, the Congolese Government that it recognizes the competence of the Human Rights recognizes, with effect from today's date, the competence Committee established under article 28 of the Covenant to of the Human Rights Committee to receive and consider
IV 4. HUMAN RIGHTS 38 communications to the effect that a State Party claims that Committee to consider complaints brought by or against another State party is not fulfilling its obligations under the Republic in respect of another State Party which has the above-mentioned Covenant. made a Declaration recognising the competence of the Committee at least twelve months before Ghana becomes officially registered as Party to the Covenant. CROATIA [The Government of the Republic of Ghana] interprets The Government of the Republic of Croatia declares Article 41 as giving the Human Rights Committee the under article 41 of the Covenant on Civil and Political competence to receive and consider complaints in respect Rights that the Republic of Croatia recognizes the of violations by the Republic of any rights set forth in the competence of the Human Rights Committee to receive said Covenant which result from decisions, acts, and consider communications to the effect that a State commissions, developments or events occurring AFTER Party claims that another State Party is not fulfilling its the date on which Ghana becomes officially regarded as obligations under the Covenant on Civil and Political party to the said Covenant and shall not apply to Rights. decisions, acts, omissions, developments or events occurring before that date.” CZECH REPUBLIC7 GUINEA-BISSAU DENMARK Recognize the competence of the Human Rights "[The Government of Denmark] recognizes, in Committee to receive and examine communications in accordance with article 41 of the International Covenant which a Party claims that another Party is not fulfilling its on Civil and Political Rights, opened for signature in New obligations under the present Covenant, signed by York on December 19, 1966, the competence of the Guinea-Bissau on 12 September, 2000, and for which the Committee referred to in article 41 to receive and instrument of ratification was deposited by Guinea-Bissau consider communications to the effect that a State Party on 1 November 2010. claims that another State Party is not fulfilling its obligations under the Covenant." GUYANA "The Government of the Co-operative Republic of ECUADOR Guyana hereby declares that it recognises the competence of the Human Rights Committee to receive and consider The Government of Ecuador recognizes the communications to the effect that a State Party claims that competence of the Human Rights Committee to receive another State Party is not fulfilling its obligations under and consider communications to the effect that a State the aforementioned Covenant." Party claims that another State Party is not fulfilling its obligations under the aforementioned Covenant, as provided for in paragraph 1 (a), (b), (c), (d), (e), (f), (g) HUNGARY and (h) of that article. The Hungarian People's Republic [...] recognizes the This recognition of competence is effective for an competence of the Human Rights Committee established indefinite period and is subject to the provisions of article under article 28 of the Covenant to receive and consider 41, paragraph 2, of the International Covenant on Civil communications to the effect that a State Party claims that and Political Rights. another State Party is not fulfilling its obligations under the Covenant. FINLAND "Finland declares, under article 41 of the International ICELAND Covenant on Civil and Political Rights, that it recognizes "The Government of Iceland [...] recognizes in the competence of the Human Rights Committee referred accordance with article 41 of the International Covenant to in article 28 of the said Covenant, to receive and on Civil and Political Rights the competence of the consider communications to the effect that a State Party Human Rights Committee referred to in article 28 of the claims that another State Party is not fulfilling its Covenant to receive and consider communications to the obligations under this Covenant." effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant." GAMBIA "The Government of the Gambia hereby declares that IRELAND the Gambia recognises the competence of the Human "The Government of Ireland hereby declare that in Rights Committee to receive and consider accordance with article 41 they recognise the competence communications to the effect that a State Party claims that of the Human Rights Committee established under article another State Party is not fulfilling its obligations under 28 of the Covenant." the present Covenant." ITALY GERMANY10,45 The Italian Republic recognizes the competence of the GERMANY10,45 Human Rights Committee, elected in accordance with The Federal Republic of Germany now recognizes for article 28 of the Covenant, to receive and consider an unlimited period the competence of the Human Rights communications to the effect that a State party claims that Committee under Article 41(1) of the Covenant to receive another State party is not fulfilling its obligations under and consider communications to the effect that at State the Covenant. Party claims that another State Party is not fulfilling its obligations under the Covenant. LIECHTENSTEIN “The Principality of Liechtenstein declares under GHANA article 41 of the Covenant to recognize the competence of “The Government of the Republic of Ghana the Human Rights Committee, to receive and consider recognizes the competence of the Human Rights communications to the effect that a State party claims that
IV 4. HUMAN RIGHTS 39 another State party is not fulfilling its obligations under POLAND the Covenant." "The Republic of Poland recognizes, in accordance with article 41, paragraph 1, of the International Covenant LUXEMBOURG on Civil and Political Rights, the competence of the "The Government of Luxembourg recognizes, in Human Rights Committee to receive and consider accordance with article 41, the competence of the Human communications to the effect that a State Party claims that Rights Committee referred to in article 28 of the another State Party is not fulfilling its obligations under Covenant to receive and consider communications to the the Covenant." effect that a State party claims that another State party is not fulfilling its obligations under the Covenant." REPUBLIC OF KOREA [The Government of the Republic of Korea] MALTA recognizes the competence of the Human Rights "The Government of Malta declares that under article Committee under article 41 of the Covenant. 41 of this Covenant it recognises the competence of the Human Rights Committee to receive and consider RUSSIAN FEDERATION communications submitted by another State Party, provided that such other State Party has, not less than The Union of Soviet Socialist Republics declares that, twelve months prior to the submission by it of a pursuant to article 41 of the International Covenant on communication relating to Malta, made a declaration Civil and Political Rights, it recognizes the competence of under article 41 recognising the competence of the the Human Rights Committee to receive and consider Committee to receive and consider communications communications submitted by another State Party, in relating to itself." respect of situations and events occurring after the adoption of the present declaration, provided that the State Party in question has, not less than 12 months prior NETHERLANDS to the submission by it of such a communication, "The Kingdom of the Netherlands declares under recognized in regard to itself the competence of the article 41 of the International Covenant on Civil and Committee, established in article 41, in so far as Political Rights that it recognizes the competence of the obligations have been assumed under the Covenant by the Human Rights Committee referred to in article 28 of the USSR and by the State concerned. Covenant to receive and consider communications to the effect that a State Party claims that another State Party is SAN MARINO not fulfilling its obligations under the Covenant." “The Republic of San Marino declares, in accordance with article 41 of the Covenant, that it recognizes the NEW ZEALAND competence of the Human Rights Committee to receive "The Government of New Zealand declares under and consider communications to the effect that a State article 41 of the International Covenant on Civil and party claims that another State party is not fulfilling its Political Rights that it recognises the competence of the obligations under the Covenant.” Human Rights Committee to receive and consider SENEGAL communications from another State Party which has similarly declared under article 41 its recognition of the The Government of Senegal declares, under article 41 Committee's competence in respect to itself except where of the International Covenant on Civil and Political the declaration by such a state party was made less than Rights, that it recognizes the competence of the Human twelve months prior to the submission by it of a complaint Rights Committee referred to in article 28 of the said relating to New Zealand." Covenant to receive and consider communications submitted by another State Party, provided that such State Party has, not less than twelve months prior to the NORWAY submission by it of a communication relating to Senegal, "Norway recognizes the competence of the Human made a declaration under article 41 recognizing the Rights Committee referred to in article 28 of the competence of the Committee to receive and consider Covenant, to receive and consider communications to the communications relating to itself. effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant." SLOVAKIA7 SLOVENIA PERU "[The] Republic of Slovenia, in accordance with Peru recognizes the competence of the Human Rights article 41 of the said Covenant, recognizes the Committee to receive and consider communications to the competence of the Human Rights Committee to receive effect that a State Party claims that another State Party is and consider communications submitted by another State not fulfilling its obligations under the Covenant on Civil Party to the effect that a State Party claims that another and Political Rights, in accordance with article 41 of the State Party is not fulfilling its obligations under the said Covenant. Covenant."
PHILIPPINES SOUTH AFRICA "The Philippine Government, in accordance with “The Republic of South Africa declares that it article 41 of the said Covenant, recognizes the recognises, for the purposes of article 41 of the Covenant, competence of the Human Rights Committee set up in the the competence of the Human Rights Committee to aforesaid Covenant, to receive and consider receive and consider communications to the effect that a communications to the effect that a State Party claims that State Party claims that another State Party is not fulfilling another State Party is not fulfilling its obligations under its obligations under present the Covenant." the Covenant."
IV 4. HUMAN RIGHTS 40 SPAIN46 another State Party is not fulfilling its obligations under the Covenant. The Government of Spain declares that, under the provisions of article 41 of the [Covenant], it recognizes TUNISIA the competence of the Human Rights Committee to The Government of the Republic of Tunisia declares receive and consider communications to the effect that a that it recognizes the competence of the Human Rights State Party claims that another State Party is not fulfilling Committee established under article 28 of the [said its obligations under the Covenant. Covenant] ..., to receive and consider communications to the effect that a State Party claims that the Republic of SRI LANKA Tunisia is not fulfilling its obligations under the Covenant. "The Government of the Democratic Socialist The State Party submitting such communications to Republic of Sri Lanka declares under article 41 of the the Committee must have made a declaration recognizing International Covenant on Civil and Political Rights that it in regard to itself the competence of the Committee under recognizes the competence of the Human Rights article 41 of the [said Covenant]. 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, from UKRAINE another State Party which has similarly declared under In accordance with article 41 of the International article 41 its recognition of the Committee's competence Covenant on Civil and Political Rights, Ukraine in respect to itself." recognizes the competence of the Human Rights Committee to receive and consider communications to the SWEDEN effect that any State Party claims that another State Party is not fulfilling its obligations under the Covenant. "Sweden recognizes the competence of the Human Rights Committee referred to in article 28 of the Covenant to receive and consider communications to the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN effect that a State Party claims that another State Party is IRELAND not fulfilling its obligations under the Covenant." "The Government of the United Kingdom declare under article 41 of this Covenant that it recognizes the SWITZERLAND competence of the Human Rights Committee to receive Switzerland declares, pursuant to article 41, that it and consider communications submitted by another State Party, provided that such other State Party has, not less shall recognize, for a period of five years, the competence than twelve months prior to the submission by it of a of the Human Rights Committee to receive and to communication relating to the United Kingdom made a consider communications to the effect that a State party declaration under article 41 recognizing the competence claims that another State party is not fulfilling its of the Committee to receive and consider communications obligations under the present Covenant. relating to itself." The Swiss Government declares, pursuant to article 41 (1) of the [said Covenant], that it shall recognize for a UNITED STATES OF AMERICA further period of five years, as from 18 September 1997, "The United States declares that it accepts the the competence of the Human Rights Committee to competence of the Human Rights Committee to receive receive and consider communications to the effect that a and consider communications under article 41 in which a State Party claims that another State Party is not fulfilling State Party claims that another State Party is not fulfilling its obligations under the present Covenant. its obligations under the Covenant. “… the Swiss Federal Council declares, pursuant to article 41 (1) of the International Covenant on Civil and ZIMBABWE Political Rights of 16 December 1966, that it recognizes "The Government of the Republic of Zimbabwe for a further period of five years, beginning on 16 April recognizes with effect from today's date, the competence 2010, the competence of the Human Rights Committee to of the Human Rights Committee to receive and consider receive and consider communications from States parties communications to the effect that a State Party claims that concerning non-compliance by other States parties with another state party is not fulfilling its obligations under the obligations arising under the Covenant.” the Covenant [provided that such State Party has, not less ... Switzerland, pursuant to article 41 (1) of the than twelve months prior to the submission by it of a International Covenant on Civil and Political Rights of 16 communication relating to Zimbabwe, made a declaration December 1966, recognizes the competence of the Human under article 41 recognizing the competence of the Rights Committee, for a period of five years from the Committee to receive and consider communications present notification, to receive and consider relating to itself]." (*The text between brackets was communications to the effect that a State Party claims that received at the Secretariat on 27 January 1993.)"
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.)
IV 4. HUMAN RIGHTS 41 Cessation, as from 31 December 2001, of martial law ALGERIA that had been imposed in the provinces of Buenos Aires, In view of public disturbances and the threat of Entre Rios and San Juan. deterioration of the situation [...] a state of siege has been (Dated 18 January 2002) proclaimed, beginning at midnight in the night of 4/5 June Communication concerning the state of siege declared 1991, for a period of four months throughout Algerian by Decree No. 1678/2001 and the lifting of the state of territory. siege by Decreee No. 1689/2001; and the state of siege The Government of Algeria subsequently specified declared by Decrees Nos. 16/2002, 18/2001 and 20/2001 that these disturbances had been fomented with a view of and the cessation of the state of siege. [For the text of the preventing the general elections to be held on 27 June communication, see depositary notification 1991 and to challenge the ongoing democratic process; C.N.179.2002.TREATIES-3 of 27 February 2002.] and that in view of the insurrectional situation which threatened the stability of the institutions, the security of The Secretary-General received from the Government the people and their property, and the normal operation of of Argentina a notification dated 29 May 2020, made the public services, it had been necessary to derogate from under article 4 (3) of the above Covenant, regarding the the provisions of articles 9 (3), 12 (1), 17, 19 (2) and 21 of declaration of a state of emergency in the entire territory the Covenant. of Argentina. The said state of siege was terminated throughout (See C.N.189.2020.TREATIES-IV.4 of 11 June Algeria on 29 September 1991. 2020 for the text of the notification.) (Dated 13 February 1992) The Secretary-General received from the Government In view of the serious threats to public order and the of Argentina a notification dated 9 September 2021, made safety of individuals over the past few weeks, the growth under article 4 (3) of the above Covenant, regarding the of such threats during the month of February 1992 and the extension of a health state of emergency in the entire dangers of aggravation of the situation, the President of territory of Argentina. the High State Council, [...], has issued Presidential (See C.N.273.2021.TREATIES-IV.4 of 14 decree No. 92-44 of 9 February 1992, decreeing a state of September 2021for the text of the notification.) emergency, throughout the national territory, with effect from 9 February 1992 at 2000 hours for a duration of ARMENIA twelve months, in accordance with articles 67, 74 and 76 ..., in connection with the Decree of the President of of the Algerian Constitution. [The Government of Algeria the Republic of Armenia on Declaration of the State of has specified that the articles of the Covenant which are Emergency in conformity with Article 55 paragraph 14 derogated from are articles 9(3), 12, 17 and 21]. and Article 117 paragraph 6 of the Constitution of the The establishment of the state of emergency, which is Republic of Armenia,, dated 1 March 2008, and pursuant aimed essentially at restoring public order, protecting the to Article 4 paragraph 3 of the Covenant, availed itself of safety of individuals and public services, does not the right of derogation from or limitation of application of interfere with the democratic process inasmuch as the the following provisions of the Covenant: Article 12 exercise of fundamental rights and freedoms continues to paragraph 1; Article 17 paragraph 1; Article 19 be guarantied. paragraphs 1-2; Article 21; Article 22 paragraph 1. The state of emergency may, however, be lifted ahead The above decree extends the state of emergency to of schedule, once the situation which prompted its the city of Yerevan for a period of 20 days in order to establishment has been resolved and normal conditions of prevent the threat of danger to the constitutional order in life in the nation have been restored. the Republic of Armenia and protect the rights and legal ... by Presidential Ordinance No. 11-01 of 23 February interests of the population, following the mass disorders, 2011, the Government of the People's Democratic resulting in human losses, personal injury and Republic of Algeria has lifted the state of emergency. considerable material damage, which took place in [The] [s]aid Ordinance [...] repealed Legislative Yerevan on 1 March 2008. Decree No. 93-02 of 6 February 1993 extending the Amendments in NH-35-N Decree of 1 March 2008 duration of the state of emergency established by Guided by point 14 of Article 55 and point 6 of Article Presidential Decree No. 92-44 of 9 February 1992... 117 of the Constitution of the Republic of Armenia, I decree: ARGENTINA • 1. To declare null and void points 6 and 7 of (Dated 7 June 1989) paragraph 4 of the NH-35-N Decree of the President of Proclamation of the state of siege throughout the the Republic of Armenia on Declaration of State of national territory for a period of 30 days in response to Emergency of 1 March 2008. events [attacks and looting of retail shops, vandalism, use • 2. The decree comes into force from the moment of of firearms] whose seriousness jeopardizes the effective its announcement. enjoyment of human rights and fundamental freedoms by PRESIDENT OF THE REPUBLIC OF ARMENIA the entire community. (Derogation from articles 9 and R. KOCHARIAN 21.) The Secretary-General received from the Government (Dated 11 July 1989) of the Republic of Armenia a notification dated 20 March Termination of the state of siege as from 27 June 1989 2020, made under article 4 (3) of the above Covenant, throughout the national territory. regarding the declaration on 16 March 2020 of a 30-day (Dated 21 December 2001) state of emergency throughout the country starting from By decree No. 1678/2001 of 19 December 2001, 18:30 of March 16, 2020, local time, by decree 928-N. proclamation of a State of siege for 30 days in the (See C.N.114.2020.TREATIES-IV.4 of 27 March territory of Argentina. 2020 for the text of the notification.) By decree No. 1689/2001 of 21 December 2001, The Secretary-General received from the Government suspension of the State of seige declared by Decree No. of the Republic of Armenia a notification dated 17 April 1678/2001. 2020, made under article 4 (3) of the above Covenant, (Dated 23 December 2001) regarding the declaration on 16 March 2020 of a 30-day By Decrees Nos. 16, 18 and 20/2001 of 21 December state of emergency throughout the country starting from 2001, declaration of a 10-day siege in the provinces of 18:30 of March 16, 2020, local time, by decree 928-N, Buenos Aires, Entre Rios and San Juan. notifying the extension until 14 May 2020 of the state of (Dated 4 January 2002) emergency by decree 543-N of 13 April 2020. (See C.N.132.2020.TREATIES-IV.4 of 20 April 2020 for the text of the notification.)
IV 4. HUMAN RIGHTS 42 The Secretary-General received from the Government dated 10 October 1994 following an attempted coup of the Republic of Armenia a notification dated 15 May d'état in Gyanja since on 4 October 1994, control of the 2020, made under article 4 (3) of the above Covenant, organs of State was seized by criminal groups and acts of regarding the extension, by Decree 729-N of 14 May violence were perpetrated against the civilian population. 2020, of the state of emergency throughout the country This action was the latest in a series of terrorist acts until 13 June 2020. designed to destabilizethe situation in Baku. A number of (See C.N.167.2020.TREATIES-IV.4 of 18 May the criminals involved in the insurrection are continuing 2020 for the text of the notification.) their activities directed against the state system of The Secretary-General received from the Government Azerbaijan and are endeavouring to disrupt public order of the Republic of Armenia a notification dated 12 June in the city of Gyanja. 2020, made under article 4 (3) of the above Covenant, It was specified that the rights set forth in articles 9, regarding the extension, by Decree 933-N of 12 June 12, 19, 21 and 22 of the Covenant were derogated from. 2020, of the state of emergency throughout the country (Dated 13 December 1994) until 13 July 2020. Extension of the state of emergency in Baku, as from (See C.N.203.2020.TREATIES-IV.4 of 16 June 2020 2000 hours on 4 December 1994 in view of the for the text of the notification.) incomplete elimination of the causes that served as the basis for its imposition. The Secretary-General received from the Government (Dated 17 December 1994) of the Republic of Armenia a notification dated 14 July Extension of the state of emergency in the town of 2020, made under article 4 (3) of the above Covenant, Gyandzha for a period of 60 days as from 2400 hours on regarding the extension, by Decree 1161-N of 13 July 11 December 1994 in view of the incomplete elimination 2020, of the state of emergency throughout the country of the causes that served as the basis for its imposition. until 12 August 2020. (Dated 23 February 1995) (See C.N.304.2020.TREATIES-IV.4 of 14 July 2020 First notification: for the text of the notification.) By Decree by the President of the Republic dated 2 February 1995, extension of the state of emergency in The Secretary-General received from the Government Baku, for a period of 60 days, as from 2300 hours on 2 of the Republic of Armenia a notification dated 16 February 1995. September 2020, made under article 4 (3) of the above Second notification: Covenant, regarding the termination of the state of By Decree by the President of the Republic dated 2 emergency throughout the country as of 11 September February 1995 on the extension of the state of emergency 2020. in the town of Gyandzha, for a period of 60 days, as from (See C.N.399.2020.TREATIES-IV.4 of 16 September 2400 hours on 9 February 1995. 2020 for the text of the notification.) The extension of the state of emergency in Baku and The Secretary-General received from the Government Gyandzha has been declared, as indicated by the of the Republic of Armenia a notification dated 5 October Government of Azerbaijan, bearing in mind the need to 2020, made under article 4 (3) of the above Covenant, maintain social order, to protect the rights and freedoms regarding the declaration of martial law in the entire of citizens and to restore legality and law and order and in territory of the Republic of Armenia on 27 September view of the incomplete elimination of the causes that 2020 by decree 1586-N. served as the basis for the imposition in October 1994 of (See C.N.431.2020.TREATIES-IV.4 of 6 October the state of emergency in the cities of Baku and 2020 for the text of the notification.) Gyandzha. It is recalled that the provisions from which it has been AZERBAIJAN derogated are articles 9, 12, 19, 21 and 22 of the Proclamation of the state of emergency for a period of Covenant. 60 days as from 6 a.m. on 3 April 1993 until 6 a.m. on 3 (Dated 8 April 1995) June 1993 in the territory of the Azerbaijani Republic. Extension of the state of emergency in Baku fora The Government of the Azerbaijani Republic declared period of 60 days, by Decree of the President of the that the measures were taken as a result of the escalating Republic dated 2 April 1995 as from 2000 hours on 3 aggression by the armed forces of Armenia threatening April 1995. The extension of the state of emergency in the very existence of the Azerbaijani State. Baku has been declared, as indicated by the Government (Derogation from articles 9, 12, 19, 21 and 22.) of Azerbaijan, due to an attempted coup d'état which Extension of the State of emergency for a period of 60 took place on 13-17 March 1995 in the city of Baku and days as from 2 August 1993. to the fact that notwithstanding the suppression of the Lifting of the state of emergency proclaimed on 2 rebellion, criminal elements in the city of Baku are April 1993 as from 22 September 1993. continuing activities inconsistent with the will of the (Dated 5 October 1994) people and endeavouring to disrupt public order. The Proclamation of a 60 day state of emergency in Baku Government of Azerbaijan also confirmed that the by Decree of the President of 4 October 1994 with effect extension was decided in order to protect the from 20 hours on 4 October 1994 owing to the fact that in constitutional order of the country, to maintain public September 1994, terrorist groups wounded two prominent order in the city of Baku, to protect the rights and Azerbaijani politicians followed by a series of terrorist freedoms of citizens and to restore legality and law and acts in densely populated districts of the city which order. caused loss of life. These acts, designed to destabilize the (Dated 17 April 1995) social and political situation in the country were Termination, as from 11 April 1995, on the basis of a preliminary to the subsequent direct attempt to overthrow decision of the Milli Mejlis (Parliament) of the by force of arms the constitutional order of the Azerbaijani Republic dated 11 April 1995, of the State of Azerbaijani Republic and the country's democratically emergency in the city of Gyanja declared on 11 October elected leader. 1994. The Government of Azerbaijan specifed that the rights set forth in articles 9, 12, 19, 21 and 22 of the Covenant The Secretary-General received from the Government were derogated from. of the Republic of Azerbaijan a notification dated 28 (Dated 21 October 1994) September 2020, made under article 4 (3) of the above Declaration of a state of emergency in the city of Covenant, regarding the declaration of martial law in the Gyanja for a period of 60 days as from 11 October 1994 entire territory of the Republic of Azerbaijan on 28 by Decree of the President of the Azerbaijani Republic
IV 4. HUMAN RIGHTS 43 September 2020 by Decree No. 1166 of 27 September As a consequence of the proclamation of the state of 2020. siege, the rights referred to in articles 9, 12, 13, 19 and 25 (See C.N.575.2020.TREATIES-IV.4 of 31 December (b) of the Covenant on Civil and Political Rights have 2020 for the text of the notification.) been restricted in Chile. The Secretary-General received from the Government (Dated 16 September 1986) of the Republic of Azerbaijan a notification dated 15 By Decree No. 1.037, the Government of Chile December 2020, made under article 4 (3) of the above declared a state of siege throughout the national territory Covenant, regarding the end of martial law throughout the from 8 September to 6 December 1986, for as long as country on 12 December 2020. circumstances warrant. The notification specifies that (See C.N.576.2020.TREATIES-IV.4 of 31 December Chile has been subjected to a wave of terrorist aggression 2020 for the text of the notification.) of alarming proportions, that an alarming number of attacks have taken the lives of a significant number of citizens and armed forces personnel, massive stockpiles of weapons were discovered in terrorists hands, and that for BAHRAIN the first time in the history of the Republic, a terrorist "... His Majesty King Hamad bin Issa Al Khalifa, King attack was launched on H.E. the President of the of the Kingdom of Bahrain, issued a Royal Decree 39 for Republic. the year 2011 on 08 May 2011, lifting the State of The notification specifies that the rights set forth in National Safety, effective 01 June 2011." articles 9, 12, 13 and 19 of the Covenant would be By Royal Decree No. 18 of 2011, the Kingdom of derogated from. Bahrain declared a State of National Safety on 15 March (Dated 28 October 1986) 2011, for a period of three months in order to address and Termination of State of siege by Decree No. 1074 of overcome the threat to the security , economy and society 26 September 1986 in the Eleventh Region and by Decree of Bahrain and its people. Bahrain invoked its right under No. 1155 of 16 October 1986 in the 12th Region (with the article 4 of the Convenant to take measures derogating exception of the Commune of Punta Arenas), in the from Articles 9, 12, 13, 17, 21 and 22 of the Covenant. Province of Chiloé in the Tenth Region, and in the ...by Royal Decree No. 39 of 2011, the State of Province of Parinacota in the First Region. National Safety, declared by Royal Decree No. 18 of (Dated 20 November 1986) 2011, was lifted with effect from 1 June 2011, and that Termination of the state siege in the Provinces of accordingly the derogations from the Covenant terminated Cardenal Caro in the 6th Region, Arauco in the 8th from the same date. Region and Palena in the 10th Region. (Dated 20 January 1987) BOLIVIA (PLURINATIONAL STATE OF) Termination of the state of siege throughout Chile as ... by Supreme Decree No. 29705 of 12 September at 6 January 1987. 2008, the Government of the Plurinational State of Termination of the state of emergency and of the state Bolivia declared a state of emergency throughout the of danger of disturbance of the domestic peace in Chile as territorial jurisdiction of the Department of Pando in from 27 August 1988, [...] thereby bringing to an end all response to crimes against humanity which caused the states of ex ception in the country, which is now in a deaths of citizens, the violent seizure of public and private situation of full legal normality. institutions, the destruction of State property, road damage and roadblocks, and public disorder that Owing to the earthquake that took place in Chile on 27 generated public unrest and insecurity and caused massive February 2010, the Government of Chile decreed a 30- disturbance in the Department of Pando in accordance day constitutional state of disaster emergency in the with the provisions of article 111 of its Political regions of Maule and Bío Bío, by Supreme Decrees Nos. Constitution. 152 and 153 of 28 February 2010, respectively. In ... by Supreme Decree No. 29809 of 22 November addition, by Supreme Decree No. 173, a constitutional 2008, the Government of the Purinational State of Bolivia state of disaster emergency was declared by the lifted the state of emergency in the Department of Pando Government of Chile in the Libertador Bernardo declared by Supreme Decree No. 29705 of 12 September O'Higgins region. Under these measures, the President of 2008. the Republic may restrict fundamental freedoms. The freedoms that may be restricted are freedom and BURKINA FASO movement and of assembly. Goods may be requisitioned The Secretary-General received from the Government and property rights limited in accordance with article 43 of Burkina Faso a notification dated 17 April 2019, made of the Constitution. under article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government declaration, by Decree No. 2018-1200/PRES of 31 of Chile a notification dated 25 March 2020, made under December 2018, of a state of emergency in 14 provinces article 4 (3) of the above Covenant, regarding the in the country, with effect from 1 January 2019, and its declaration of a state of emergency in the entire territory extension for a period of six months, from 13 January to of Chile for a period of 90 days starting on 19 March 12 July 2019, pursuant to Act No. 001-2019/AN of 11 2020, by Decree No. 104 dated 18 March 2020. January 2019. (See C.N.128.2020.TREATIES-IV.4 of 9 April 2020 (See C.N.148.2019.TREATIES-IV-4 of 29 April 2019 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government CHILE of Chile a notification dated 18 June 2020, made under [Chile] has been under a state of siege for reasons of article 4 (3) of the above Covenant, regarding the internal defence since 11 March 1976; the state of siege extension of the state of emergency in the Chilean was legally proclaimed by Legislative Decree No. 1.369. territory for a period of 90 days pursuant to Decree No. The proclamation was made in accordance with the 269 issued on 12 June 2019. constitutional provisions concerning state of siege, which (See C.N.263.2020.TREATIES-IV.4 of 26 June 2020 have been in force since 1925, in view of the inescapable for the text of the notification.) duty of the government authorities to preserve public order and the fact that there continue to exist in Chile The Secretary-General received from the Government extremist seditious groups whose aim is to overthrow the of Chile a notification dated 17 September 2020, made established Government. under article 4 (3) of the above Covenant, regarding the extension of the state of emergency in the Chilean
IV 4. HUMAN RIGHTS 44 territory for a period of 90 days pursuant to Decree No. Termination of derogation from article 21. 400 issued on 10 september 2020. (Dated 9 August 1991) (See C.N.410.2020.TREATIES-IV.4 of 25 september Termination as of 7 July 1991 of the state of siege and 2020 for the text of the notification.) of the measures adopted on 1 and 2 May 1984, which were still in force through the national territory. The Secretary-General received from the Government (Dated 16 July 1992) of Chile a notification dated 15 December 2020, made By Legislative Decree No. 1155 of 10 July 1992, under article 4 (3) of the above Covenant, regarding the which was to remain in force until 16 July 1992, the extension of the state of emergency in the Chilean Government of Colombia declared a state of emergency territory for a period of 90 days pursuant to Decree No. throughout the national territory.... The state of 646 issued on 9 december 2020. emergency was proclaimed in order to preserve public (See C.N.571.2020.TREATIES-IV.4 of 24 December order by preventing the cartels responsible for the most 2020 for the text of the notification.) serious assaults on public order from evading justice. The prospect of a torrent of releases on parole of persons, many of which "awaiting trial for a wide vari of terrorist COLOMBIA activities, ... in addition to the acts perpetrated by the The Government, by Decree 2131 of 1976, declared drug-trafficking cartels which might have taken place that public order had been disturbed and that all of the under the provisions of a newly promulgated Code of national territory was in a state of siege, the requirements Penal Procedure", in disregard of the applicability of of the Constitution having been fulfilled, and that in the special legislation, was causing "serious disturbances of face of serious events that disturbed the public peace, it public order". had become necessary to adopt extraordinary measures The provisions of the Pact which were derogated from within the framework of the legal régime provided for in are articles 12, 17, 21 and 22. the National Constitution for such situations (art. 121 of (Dated 10 November 1992) the National Constitution). The events disturbing the By legislative Decree No. 1793 of 8 November 1992 public peace that led the President of the Republic to take which was to remain in force until 6 February 1993, the that decision are a matter of public knowledge. Under the Government of Colombia declared a state of emergency state of siege (art. 121 of the National Constitution) the throughout the national territory for a period of 90 days.... Government is empowered to suspend, for the duration of The state of emergency was due to the fact that "in recent the state of siege, those provisions that are incompatible weeks, the public order situation in the country ... has with the maintenance and restoration of public order. grown significantly worse because of terrorist activities On many occasions the President of the Republic has by gorilla organizations and organized crime ... Those informed the country of his desire to terminate the state of criminal groups have also managed to obstruct and evade siege when the necessary circumstances prevail. judicial action because the criminal justice is unable to It should be observed that, during the state of siege in use military forces as a judicial police organ to gather the Colombia, the institutional order has remained necessary evidence". unchanged, with the Congress and all public bodies The provisions of the Pact which were derogated from functioning normally. Public freedoms were fully are articles 12, 17, 21 and 22. respected during the most recent elections, both the (Dated 5 March 1993) election of the President of the Republic and the election In accordance with Legislative Decree No. 261, of members of elective bodies. extension for a period of 90 days from 5 February 1993 By Decree No. 1674 of 9 June 1982, the state of siege until 7 May 1993 of the state of emergencyin effect was terminated on 20 June of 1982. throughout the national territory. The extension was made (Dated 30 March 1984) necessary due to a continuation of the public order The Government of Colombia had declared a breach disturbances described above. The provisions of the Pact of the peace and a state of siege in the territory of the which were derogated from are articles 12, 17, 21 and 22. Departments of Caquetá, Huila, Meta and Cauca in (Dated 6 May 1994)) response to the activities in those Departments of armed By legislative Decree No. 874 of 1 May 1994 which is groups which wereseeking to undermine the constitutional to remain in force until 10 May 1994, declaration of the system by means of repeated publidisturbances. state of emergency throughout the national territory for Further to Decree No. 615, Decree Nos. 666, 667, 668, the following reasons: 669 and 670 had been enacted on 21 March 1984 to Since November 1993, there has been a significant restrict certainreedoms and to take other measures aimed increase in the number of investigations carried out by the at restoring public order. (For the provisions which were Procurator-General's Office. It has become necessary to derogated from, see in fine notification of 8 June 1984 take steps to ensure that the efforts made by the hereinafter.) Procurator-General's Office to conclude on-going (Dated 7 May 1984) investigations are not hampered through improper The Government of Colombia indicated that it had, situations such as obstructing an agreement, requesting through Decree No. 1038 of 1 May 1984, declared a state the postponement of formal proceedings, etc. of siege in the territory of the Republic of Colombia The large number of cases in which prior owing to the assassination in April of the Minister of circumstances have prevented characterisation within the Justice and to recent disturbances of the public order that stipulated time-limit constitutes an unforeseen situation occurred in the cities of Bogotá, Cali, Barranquilla, which is generating social insecurity, public anxiety, a Medellín, Acevedo (Department of Huila), Corinto lack of trust in the administration of justice and (Department of Cauca), Sucre and Jordon Bajo strengthening of the criminal and guerilla warfare (Department of Santander), Giraldo (Department of organizations committed to disrupting law and order and Antioquia) and Miraflores (Comisaría of Guaviare). destabilizing the institutions of government. Pursuant to the above-mentioned Decree No. 1038,the In view of the foregoing, measures must be adopted to Government had issued Decrees Nos. 1039 and 1040 of 1 ensure that the difficulties that have arisen do not affect May 1984 and Decree No. 1042 of 2 May 1984, institutional stability, national security and civil harmony, restricting certain freedoms and enacting other measures a judicial emergency must be declared and consequently, to restore public order. The Government of Colombia, in transition measures must be adopted in the area of a subsequent communication dated 23 November 1984, administration and penal procedure. indicated that the decrees affected the rights referred to in (Dated 27 May 1994) articles 12 and 21 of the Covenant.) Termination of the state of civil unrest and extension (Dated 11 December 1984) of the applicability of the provisions relating to the
IV 4. HUMAN RIGHTS 45 judicial emergency. Pursuant to the Decree No. 874 of 1 Transmission Decree 245 of 5 February 2003, May 1994 and in exercise of the powers conferred on the concerning the second extension of the declaration of Government under article 213 of the Political internal disturbance decreed on 5 February 2003 Constitution, the Government enacted Legislative Decree throughout the national territory. No. 875 of 1 May 1994, "by means of which a judicial ..., by Legislative Decree No. 3929 of 9 October 2008, emergency has been declared and measures have been a nationwide state of internal disturbance has been adopted with regard to penal procedure". Because of the declared for 90 days. declaration of judicial emergency, it was decided to Pursuant to the provision of article 16 of Law No. 137 suspend for two months, in respect of cases involving of 1994 and in keeping with article 4, paragraph 3, of the offences under the jurisdiction of regional and National International Covenant on Civil and Political Rights, I [...] Court judges, the time-limits established for obtaining inform you of the issuance of Decree No. 2799 of 2010, release on bail. "which partially amends Decrees Nos. 2693 and 2694 of By means of Decree No. 951 of 10 May 1994, 2010". measures were adopted to strengthen the functioning of By means of this measure, a special category of goods the justice system. excluded from sales tax is temporarily created, with the The Government of Colombia has specified that the aim of benefiting those people affected by the situation provision from which it has derogated is article 9 (3) of that led to teh declaration of a social emergency... the Covenant. The Secretary-General received from the Government (Dated 3 November 1995) of Colombia a notification dated 25 March 2020, made By Decree No. 1900 of 2 November 1995, declaration under article 4 (3) of the above Covenant, regarding the of a State of internal disturbance throughout the national declaration of a state of emergency throughout the territory for a period of ninety (90) days. The state of territory of Colombia for a period of 30 days starting on internal disturbance by the National Government is 17 March 2020, by Decree No. 417 of 2020. justified by the fact that acts of violence attributed to (See C.N.131.2020.TREATIES-IV.4 of 20 April 2020 criminal and terrorist organizations have occurred in for the text of the notification.) difference regions of the country and are seriously and manifestly disturbing public order. The Secretary-General received from the Government (Dated 21 March 1996) of Colombia a notification dated 7 May 2020, made under By Legislative Decree No. 1901 of 2 November, the article 4 (3) of the above Covenant, regarding the state of Government limits or restricts fundamental rights or emergency throughout the territory of Colombia for a freedoms laid down in the [said] Covenant. period of 30 days in effect from 6 May to 4 June 2020, by By Decree No. 205 of 29 January 1996, the state of Decree No. 637 of 2020. internal disturbance was extended for 90 calendar days, (See C.N.163.2020.TREATIES-IV.4 of 15 May starting on 31 January 1996. 2020 for the text of the notification.) The Government of Colombia has specified that the The Secretary-General received from the Government provision from which it has derogated are articles 17 and of Colombia a notification dated 5 June 2020, made under 9 respectively of the Covenant. article 4 (3) of the above Covenant, regarding the end of (Dated 21 March 1996) the state of emergency on 4 June 2020, at the end of Pursuant to paragraph 3 of Decree No. 0717 of 18 Decree No. 637 of 2020. April 1996, the guarantee set forth in article 12 of the (See C.N.200.2020.TREATIES-IV.4 of 15 June 2020 Covenant was to be restricted. for the text of the notification.) The measure was adopted in connection with Decree No. 1900 of 2 November 1995 whereby the state of internal disturbance was declared throughout the national DOMINICAN REPUBLIC territory (see notification of 7 November 1995 above). The Secretary-General received from the Government (Dated 18 June 1996) of the Dominican Republic a notification dated 25 June By Decree No. 777 of 29 April 1996, the state of 2020, made under article 4 (3) of the above Covenant, internal disturbance (proclaimed by Decree No. 1900 of 2 regarding a declaration of a state of emergency in its November 1995) was extended for a further period of 90 entire territory. calendar days, starting on 30 April 1996. (See C.N.279.2020.TREATIES-IV.4 of 7 July 2020 By Decree No. 900 of 22 May 1996, measures were for the text of the notification.) adopted to control the activities of criminal and terrorist organizations in special public-order zones. The The Secretary-General received from the Government provisions of the Pact which were derogated from are of the Dominican Republic a notification dated 28 July articles 9 (1) and 12. 2020, made under article 4 (3) of the above Covenant, (Dated 30 July 1996) regarding a declaration of a state of emergency for a By Decree No. 1303 of 25 July 1996, lifting of the period of 45 days starting on 20 July 2020 in its entire state of internal disturbance (proclaimed by Decree No. territory. 1900 of 2 November 1995) and extension of some of the (See C.N.327.2020.TREATIES-IV.4 of 3 August 2020 measures instituted by means of Decree No. 1901 of 2 for the text of the notification.) November 1995, Decree No. 208 of 29 January 1996 and Decree No. 777 of 29 April 1996. The Secretary-General received from the Government (Dated 12 August 2002) of the Dominican Republic a notification dated 8 Transmission of Decree No. 1837 dated 11 August September 2020, made under article 4 (3) of the above 2002, which declared a state of internal disturbance Covenant, regarding the extension of a state of emergency throughout the national territory, and Decree No. 1838 for a period for 25 days starting on 3 September 2020 in dated 11 August 2002, which introduced a special tax to its entire territory. meet the necessary expenditure under the country’s (See C.N.384.2020.TREATIES-IV.4 of 9 General Budget to maintain democratic security. September 2020 for the text of the notification.) (Dated 8 November 2002) The Secretary-General received from the Government Transmisison of Decree No. 2555 dated 8 November of the Dominican Republic a notification dated 5 2002, which extended the state of internal disturbance February 2021, made under article 4 (3) of the above declared by Decree 1837 of 11 August 2002 for ninety Covenant, regarding the extension of a state of emergency (90) calendar days, as from 9 November 2002. for a period of 45 days starting on 16 January 2021 in its (Dated 12 February 2003) entire territory.
IV 4. HUMAN RIGHTS 46 (See C.N.63.2021.TREATIES-IV.4 of 16 February Guayas Province. Subsequently, the Government of 2021 for the text of the notification.) Ecuador specified that the provisions from which it has derogated are articles 12 (1) and 17 (1) of the Covenant. The Secretary-General received from the Government (Dated 15 March 1999) of the Dominican Republic a notification dated 5 May Decree No. 681 by the President of the Republic dated 2021, made under article 4 (3) of the above Covenant, 9 March 1999 by which a state of national emergency was regarding the extension of the state of emergency for a declared and the entire territory of the Republic period of 45 days starting on 16 April 2021 in its entire established as a security zone, as from 9 March 1999. territory. (Dated 22 March 1999) (See C.N.142.2021.TREATIES-IV.4 of 12 May 2021 Decree No. 717 by the President of the Republic dated for the text of the notification.) 18 March 1999 by which the state of national emergency The Secretary-General received from the Government declared by Decree No. 681 dated 9 March 1999, was of the Dominican Republic a notification dated 9 June lifted as from 18 March 1999. 2021, made under article 4 (3) of the above Covenant, (Dated 27 August 1999) regarding the extension of the state of emergency for a Decree No. 1041 of 5 July 1999 by thePresident of the period of 45 days starting on 30 May 2021 in its entire Republic, establishing a state of emergency in Ecuador in territory. respect of public and private transport system throughout (See C.N.167.2021.TREATIES-IV.4 of 10 June 2021 the country during the month of July 1999; for the text of the notification.) Decree No. 1070 of 13 July 1999 by the President of the Republic (following the revocation of Decree No. 1041 by the National Congress on 13 July 1999), ECUADOR declaring a state of national emergency and establishing The Government declared the extension of the state of the entire territory of the Republic as a secity zone; and emergency as from 20 to 25 October 1982 by Executive Decree No. 1088 of 17 July 1999 by the President of Decree No. 1252 of 20 October 1982 and derogation from the Republic, lifting the state of national emergency and article 12 (1) owing to serious disorders brought about by rescinding Decree No. 1070. Subsequently, the the suppression of subsidies, and termination of the state Government of Ecuador specified that the provisions from of emergency by Executive Decree No. 1274 of 27 which it had derogated were articles 17 (1), 12 (1), 21 and October 1982 22 of the Covenant. Derogation from articles 9 (1) and (2); 12 (1) and (3); (Dated 9 December 1999) 17; 19 (2) and 21 in the provinces of Napo and Establishment of the State of Emergency in the Esmeraldas by Executive Decree No. 2511 of 16 March Guayas Province by Decree No. 1557 of 30 November 1984 owing to destruction and sabotage in these areas. 1999 by the President of the Republic indicating that the Termination of the state of emergency by Executive measure was taken in response to the serious internal Decree No. 2537 of 27 March 1984. disturbance which produced a massive crime wave that (Dated 14 March 1986) continues to affect that province. The Decree states that Declaration of the State of emergency in the provinces “since the state of emergency declared in the Guayas of Pichincha and Manabi due to the acts of subversion and Province in January 1999 (see notification of 14 January armed uprising by a high-ranking officer no longer on 1999) , was ended there has been an increase in criminal active service, backed by extremist groups; thereby activity which as made it clear that extraordinary derogations from articles 12, 21 and 22, it being measures must once again be taken..., it is necessary to understood that no Ecuadorian may be exiled or deported attenuate the serious repercussions of the ciminal activity outside the capitals of the provinces or to a region other in Guayas Province in order to prevent any change in the than the one in which he lives. normal pattern of civil life...”. (Dated 18 March 1986) Subsequently, on 28 January 2000, the Government of End of State of emergency as from 17 March 1986. Ecuador specified that the provisions from which it has (Dated 28 October 1987) derogated are articles 12 (1) and 17 (1) of the Covenant. Declaration of a state of national emergency (Dated 6 January 2000) throughout the national territory, effective as of 28 On 5 January 2000, by Executive Decree, the October 1987. [Derogation from articles 9 (1) and (2); 12 President declared a state of national emergency (1) and (2); 19 (2); and 21.] establishing the entire territory of the Republic as a The notification states that this measure was made security zone. This measure was motivated by the serious necessary as a result of an illegal call for a national strike internal unrest caused by the economic crisis which which would lead to acts of vandalism, offences against Ecuador is experiencing. persons and property and would disrupt the peace of the The Government of Ecuador specifed that the State and the proper exercise of the civic rights of provisions from which it has derogated are articles 12 (1), Ecuadorians. 17 (1), 21 and 22 (1). Termination of the state of emergency throughout the On 21 February 2001, the Secretary-General received national territory as from 0 hour on 29 October 1987. from the Government of Ecuador a notification dated 16 (Dated 1 June 1988) February 2001, made under article 4 (3) of the above Declaration of a state of national emergency Covenant, transmitting the text of Executive Decree No. throughout the national territory, effective as of 9 p.m. on 1214 by the President of thec dated 2 February 2001, by 31 May 1988. [Derogation from articles 9 (1) and (2); 12 which a state of national emergency was declared and the (1) and (2); 19 (2); and 21.] entire territory of the Republic was established as a The notification states that this measure is the security zone, as from 2 February 2001. The said Decree necessary legal response to the 24 hour strike called for stipulates that this measure was adopted to overcome the by the United Workers Front, which would result in acts adverse consequences of the economic crisis affecting of vandalism, violation of the security of persons and Ecuador which has created a situation of serious internal attacks on public and private property. unrest. (Dated 2 June 1988) The Government of Ecuador specified that the Termination of the state of emergency throughout the provisions from which it has derogated are articles 12, 17 national territory as from 1 June 1988. and 21 of the Covenant. (Dated 12 January 1999) Declaration of a state of On 21 February 2001, the Secretary-General received emergency in Guayas province, indicating the the from the Government of Ecuador a notification dated 16 measures were prompted by the serious internal February 2001, made under article 4 (3) of the above disturbance resulting from the massive crime wave in Covenant, transmitting the text of Executive Decree No.
IV 4. HUMAN RIGHTS 47 1228 by the President of the Republic dated 9 February Declaration of a state of emergency in a number of 2001, by which the state of national emergency, declared Ecuadorian provinces, issued on 21 March through by Decree No. 1214 of 2 February 2001, was lifted as Executive Decree No. 1269 which was suspended on 7 from 9 March 2001. April 2006 through Executive Decree No. 1329. The Secretary-General received from the Government Sir, of Ecuador a notification dated 3 June 2016, made under In accordance with article 4 of the International article 4 (3) of the above Covenant, regarding the Covenant on Civil and Political Rights, of which Ecuador declaration of a state of emergency in the provinces of is a State Party, and on behalf of the national Esmeraldas, Manabí, Santa Elena, Santo Domingo de los Government, I am writing to notify you of the Tsáchilas, Los Ríos and Guayas for a period of 60 days declarations of a stateof national emergency this year from 17 April 2016 by Executive Decree no. 1001. declared by Dr. Gustavo Noboa Bejarano, President of the (See C.N.455.2016.TREATIES-IV.4 of 11 January Republic, in accordance with the provisions of articles 2017 for the text of the notification.) 180 and 181 of the Ecuadorian Constitution in force, and when they were lifted. The details of these declarations The Secretary-General received from the Government follow: of Ecuador a notification dated 11 July 2016 (and Executive Decree No. 2404 of 26 February 2002 subsequently a notification dated 5 December 2016), (Official Register No. 525): A state of emergency is made under article 4 (3) of the above Covenant, regarding declared in Sucumbios and Orellana provinces. The the extension of the state of emergency in the provinces of reason for this measure is the serious situation arising out Esmeraldas, Manabí, Santa Elena, Santo Domingo de los of problems of the Colombian conflict on the frontiers; Tsáchilas, Los Ríos and Guayas for a period of 30 days Executive Decree No. 2421 of 4 March 2002: The from 16 June 2016 by Executive Decree no. 1101. state of emergency in Sucumbios and Orellana provinces (See C.N.981.2016.TREATIES-IV.4 of 11 January is declared over, and accordingly Executive Decree 2404 2017 for the text of the notification.) of 22 February 2002 is abrogated; Executive Decree No. 2492 of 22 March 2002: State The Secretary-General received from the Government of emergency in Esmeraldas, Guayas Los Ríos, Manabí of Ecuador a notification dated 25 July 2016 (and and El Oroovinces. The reason for this measure is the subsequently a notification dated 26 August 2016), made severe storm on the Ecuadorian coast. The state of under article 4 (3) of the above Covenant, regarding the emergency was lifted on 22 May pursuant to the legal declaration of the state of emergency in the provinces of provision embodied in article 182, paragraph 2, of the Esmeraldas and Manabí for a period of 60 days from 15 Ecuadorian Constitution to the effect that "a decree of a July 2016 by Executive Decree no. 1116. state of emergency shall remain in force for up to a (See C.N.982.2016.TREATIES-IV.4 of 16 January maximum of 60 days"; 2017 for the text of the notification.) Executive Decree No. 2625 of 7 May 2002 (Official Register No. 575 of 14 May 2002): State of national The Secretary-General received from the Government emergency in respect of land transport. (This state of of Ecuador a notification dated 5 December 2016, made emergency has not been lifted but, will last until 7 July, under article 4 (3) of the above Covenant, regarding the unless the President declares that it is lifted in advance.) declaration of a state of emergency in the provinces of Accept, Sir, the renewed assurances of my highest Esmeraldas and Manabí for a period of 60 days from 14 consideration. October 2016 by Executive Decree no. 1215. (See C.N.983.2016.TREATIES-IV.4 of 16 January On 18 August 2005, the Secretary-General received 2017 for the text of the notification.) from the Government of Ecuador a notification made under article 4 (3) of the above Covenant,notifying of the The Secretary-General received from the Government declaration of a state of emergency in Sucumbios and of Ecuador a notification dated 17 January 2017 and Orellana Provinces, decreed by the President of the subsequently a notification dated 3 February 2017, made Republic on 17 August 2005, in accordance with the under article 4 (3) of the above Covenant, regarding the provisions of articles 180 and 181 of the Ecuadorian renewal of the state of emergency in the province of Constitution in force. Morona Santiago for a period of thirty days, beginning 12 The Government of Ecuador specified that this January 2017, by Executive Decree no. 1294. measure was motivated by the serious internal unrest (See C.N.63.2017.TREATIES-IV.4 of 2 March 2017 caused by crime waves in the aforementioned provinces. for the text of the notification.) The declaration of emergency was made by means of The Secretary-General received from the Government Executive Decree No. 426 of 17 August 2005. Moreover, of Ecuador a notification dated 21 December 2016 and the articles of the Covenant which were derogated from subsequently a notification dated 3 February 2017, made were not indicated. under article 4 (3) of the above Covenant, regarding the On 22 August 2005, the Secretary-General received declaration of a state of emergency in the province of from the Government of Ecuador notifications made Morona Santiago for a period of thirty days, beginning 14 under article 4 (3) of the above Covenant, notifying of the December 2016, by Executive Decree no. 1276. declaration of a state of emergency in the Canton of (See C.N.988.2016.TREATIES-IV.4 of 2 March 2017 Chone, Manabi Province, decreed by the Constitutional for the text of the notification.) President of the Republic on 19 August 2005, in The Secretary-General received from the Government accordance with articles 180 and 181 of the Political of Ecuador a notification dated 20 January 2017 and Constitution of Ecuador. subsequently a notification dated 15 March 2017, made The Government of Ecuador specified that this under article 4 (3) of the above Covenant, regarding the measure was taken in response to serious internal unrest, declaration of a state of emergency in the provinces of which has led to a crime wave and to widespread looting Manabí and Esmeraldas for a period of sixty days, in the aforementioned canton. The declaration of beginning 12 January 2017, by Executive Decree no. emergency was made by means of Executive Decree No. 1295. 430 of 19 August 2005. Moreover, the Government of (See C.N.163.2017.TREATIES-IV.4 of 31 March Ecuador specified that during the state of emergency the 2017 for the text of the notification.) rights established in article 23, paragraphs 9, 12, 13, 14 The Secretary-General received from the Government and 19, and article 23 of the Political Constitution of the of Ecuador a notification dated 19 August 2015 and Republic were suspended. subsequently a notification dated 1 June 2017, made under article 4 (3) of the above Covenant, regarding the
IV 4. HUMAN RIGHTS 48 declaration of a state of emergency throughout the article 4 (3) of the Covenant, regarding the extension of a national territory for as long as necessary to respond to state of emergency throughout the national social the eruption of Mount Cotopaxi, but not longer than sixty rehabilitation system by Executive Decree No. 823 of 15 days, beginning 15 August 2015, by Executive Decree no. July 2019 for a period of 30 days. 755. (See C.N.404.2019.TREATIES-IV-4 of 30 August (See C.N.315.2017.TREATIES-IV.4 of 15 June 2017 2019 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Ecuador a notification dated 26 July 2019, made under of Ecuador a notification dated 15 March 2017 and article 4 (3) of the Covenant, regarding the declaration of subsequently a notification dated 1 June 2017, made a state of emergency throughout the national social under article 4 (3) of the above Covenant, regarding the rehabilitation system by Executive Decree No. 741 of 16 extension of a state of emergency in the provinces of May 2019 for a period of 60 days. Manabí and Esmeraldas for a period of thirty days, (See C.N.403.2019.TREATIES-IV-4 of 30 August beginning 13 March 2017, by Executive Decree no. 1338. 2019 for the text of the notification.) (See C.N.310.2017.TREATIES-IV.4 of 13 June 2017 for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Ecuador a notification dated 2 May 2017 and of Ecuador a notification dated 8 October 2019, made subsequently a notification dated 1 June 2017, made under article 4 (3) of the Covenant, regarding the under article 4 (3) of the above Covenant, regarding the declaration of a state of emergency throughout throughout declaration of a state of emergency in the provinces of the national territory “because of the circumstances of Manabí and Esmeraldas for a period of sixty days, serious domestic unrest, since the blockades in various beginning 13 April 2017, by Executive Decree no. 1364. parts of the country have disturbed public order and are (See C.N.313.2017.TREATIES-IV.4 of 13 June 2017 impeding normal vehicular traffic, leading to outbreaks of for the text of the notification.) violence that jeopardize the security and safety of individuals; as well as the warning that those actions may The Secretary-General received from the Government spread throughout the national territory, since the various of Ecuador a notification dated 29 December 2017 and groups are continuing to call for citizens’ protests of subsequently a notification dated 3 January 2018, made indefinite duration. This situation requires urgent under article 4 (3) of the above Covenant, regarding the intervention in order to safeguard the security and rights declaration of a state of emergency in Zaruma Canton, El of all individuals.” Oro Province for a period of sixty days, beginning 15 September 2017, by Executive Decree no. 158. The state of emergency will remain in effect for 60 (See C.N.1.2018.TREATIES-IV.4 of 3 January 2018 days following the signature of the Executive Decree No. for the text of the notification.) 884, of 3 October 2019. The Executive Decree No. 884 The Secretary-General received from the Government has suspended the following rights set out in the of Ecuador a notification dated 7 February 2018, made International Covenant on Civil and Political Rights: under article 4 (3) of the Covenant, regarding the article 12, paragraphs 1 and 3 (liberty of movement), declaration of a state of emergency in the cantons of San article 21 (right of assembly); and article 22, paragraphs 1 Lorenzo and Eloy Alfaro in the province of Esmeraldas and 2 (freedom of association). by Executive Decree No. 296 of 27 January 2018 for a period of 60 days. Subsequently, on 8 October 2019, the Permanent (See C.N.74.2018.TREATIES-IV-4 of 13 February Mission of Ecuador notified the United Nations 2018 for the text of the notification.) Secretariat, in its note verbale No. 4-2-182/2019, that [i]n this regard and to complement the above-mentioned note, The Secretary-General received from the Government [it] has the honour to transmit the opinion on the of Ecuador a notification dated 3 April 2018, made under constitutionality of Executive Decree No. 884, issued by article 4 (3) of the Covenant, regarding the declaration of the Constitutional Court of Ecuador, which recognizes a state of emergency in the cantons of San Lorenzo and that it is consistent with the Constitution and the domestic Eloy Alfaro in the province of Esmeraldas by Executive laws and rules of Ecuador. The opinion also establishes Decree No. 349 of 29 March 2018 for a period of 30 days. that the “declaration of the state of emergency shall only (See C.N.200.2018.TREATIES-IV-4 of 6 April 2018 remain in effect for thirty days”. for the text of the notification.) (See C.N.517.2019.TREATIES-IV-4 of 16 October 2019 for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Ecuador a notification dated 30 April 2018, made of Ecuador a notification dated 10 October 2019, made under article 4 (3) of the Covenant, regarding the under article 4 (3) of the Covenant, transmitting the declaration of a state of emergency in the canton of San Executive Decree No. 888, dated 8 October 2019, by Lorenzo, particularly in the localities of Mataje, El Pan which the President of the Republic, inter alia, decrees the and La Cadena, and in the canton of Eloy Alfaro in the transfer of the seat of Government to the city of province of Esmeraldas by Executive Decree No. 381 of Guayaquil for the duration of the state of emergency 27 April 2018 for a period of 60 days. ordered by the Constitutional Court. Furthermore, it is (See C.N.224.2018.TREATIES-IV-4 of 30 April stipulated that restrictions shall apply to “freedom of 2018 for the text of the notification.) movement and mobility in the following terms: there shall The Secretary-General received from the Government be no movement from the hours of 8 p.m. to 5 a.m., from of Ecuador a notification dated 16 July 2019, made under Monday to Sunday, in areas around buildings and article 4 (3) of the Covenant, regarding the declaration of strategic facilities such as the headquarters of the a state of emergency in the parish of Merced de Buenos branches of Government and others defined by the Joint Aires, canton of Urcuquí, province of Imbabura by Command of the Armed Forces, for the duration of the Executive Decree No. 812 of 1 July 2019 for a period of state of emergency, based on the requirements established 60 days. by the Ministry of the Interior and the National Police, in (See C.N.315.2019.TREATIES-IV-4 of 19 order to maintain internal public order; passes and similar July 2019 for the text of the notification.) documents may be issued, where appropriate.” The Secretary-General received from the Government (See C.N.523.2019.TREATIES-IV-4 of 16 October of Ecuador a notification dated 18 July 2019, made under 2019 for the text of the notification.)
IV 4. HUMAN RIGHTS 49 The Secretary-General received from the Government of Ecuador a notification dated 18 March 2020, made under article 4 (3) of the above Covenant, regarding the EL SALVADOR declaration of a state of emergency throughout the (Dated 3 November 1983) national territory for a period of 60 days by Executive The Government has declared an extension for a Decree No. 1017 of 16 March 2020. period of 30 days of the suspension of constitutional (See C.N.119.2020.TREATIES-IV.4 of 31 March guarantees by Legislative Decree No. 329 dated 28 2020 for the text of the notification.) October 1983. The constitutional guarantees have been The Secretary-General received from the Government suspended in accordance with article 175 of the Political of Ecuador a notification dated 16 June 2020, made under Constitution because of disruption of public order. In a article 4 (3) of the above Covenant, regarding the complimentary notification dated 23 January 1984 and declaration of a state of emergency throughout the received on 24 January 1984, the Government of El national territory for a period of 60 days by Executive Salvador specified the following: Decree No. 1074 of 15 June 2020. 1) The provisions of the Covenant from which it is (See C.N.256.2020.TREATIES-IV.4 of 23 June 2020 derogated are articles 12 and 19 by Decree No. 329 of 28 for the text of the notification.) August 1983, and article 17 (in respect of interference with correspondence); The Secretary-General received from the Government 2) The constitutional guarantees were first of Ecuador a notification dated 13 August 2020, made suspended by Decree No. 155 dated 6 March 1980, with under article 4 (3) of the above Covenant, regarding the further extensions of the suspension for a total of 24 state of emergency declared for a period of 60 days by months. Decree No. 155 was modified by Decree No. Executive Decree No. 1125 of 11 August 2020. 999 dated 24 February 1982, which expired on 24 March (See C.N.379.2020.TREATIES-IV.4 of 4 September 1982. By Decree No. 1089 dated 20 April 1982, the 2020 for the text of the notification.) Revolutionary Government Junta again suspended the constitutional guarantees. By Legislative Decree No. 7 The Secretary-General received from the Government dated 20 May 1982, the Constituent Assembly extended of Ecuador a notification dated 16 October 2020, made the suspension for an additional period of 30 days. The under article 4 (3) of the above Covenant, regarding the said Legislative Decree No. 7 was itself extended several extension for 30 days of a state of emergency by times until the adoption of the above-mentioned Decree Executive Decree No. 1169 of 10 October 2020. No. 329 dated 28 October 1983, which took effect on that (See C.N.462.2020.TREATIES-IV.4 of 21 October date. 2020 for the text of the notification.) 3) The reasons for the adoption of the initial suspension decree (No. 155 of 6 March 1980) were the same as for the adoption of the subsequent decrees. The Secretary-General received from the Government (Dated 14 June 1984) of Ecuador a notification dated 23 December 2020, made By Legislative Decree No. 28 of 27 January 1984, under article 4 (3) of the above Covenant, regarding the previous measures were amended to the effect that declaration of a state of emergency for 30 days by political parties would be permitted to conduct electoral Executive Decree No. 1217 of 21 December 2020. campaigns, and were thus authorized to engage in partisan (See C.N.574.2020.TREATIES-IV.4 of 30 December campaigning and electoral propaganda activities. The 2020 for the text of the notification.) said Decree was extended for successive 30-day periods until the promulgation of Decree No. 97 of 17 May 1984, The Secretary-General received from the Government which rescinded theafore-mentioned change which had of Ecuador a notification dated 19 January 2021, made allowed political parties to conduct electoral campaigns. under article 4 (3) of the above Covenant, informing that The provisions of the Covenant from which it is Executive Decree No. 1217 notified in depositary derogated are articles 12, 19, 17 (in respect of interference notification CN.574.2020 of 30 December 2020 has been with correspondence) and 21 and 22. As regards article repealed by Decision No. 7-20-EE/20 of the 22, the suspension refers to the right of association in Constitutional Court of Ecuador. general, but does not affect the right to join professional (See C.N.16.2021.TREATIES-IV.4 of 26 January associations (the right to form and join trade unions). 2021 for the text of the notification.) (Dated 31 July 1985) The Secretary-General received from the Government [...] the Government of El Salvador has for successive of Ecuador a notification dated 2 April 2021, made under periods extended martial law by the following legislative article 4 (3) of the above Covenant, regarding the decrees: declaration of a state of emergency by Executive Decree Decrees No. 127 of 21 June 1984, No. 146 of 19 July No. 1282 of 1 April 2021. 1984, No. 175 of 24 August 1984, No. 210 of 18 (See depositary notification September 1984, No. 234 of 21 October 1984, No. 261 of C.N.127.2021.TREATIES-IV.4 of 12 April 2021 for the 20 November 1984, No. 277 of 14 December 1984, No. text of the notification.) 322 of 18 January 1985, No. 335 of 21 February 1985, The Secretary-General received from the Government No. 351 of 14 March 1985, No. 386 of 18 April 1985, No. of Ecuador a notification dated 23 April 2021, made 10 of 21 May 1985, No. 38 of 13 June 1985, and the most under article 4 (3) of the above Covenant, regarding the recent, Decree No. 96 of 11 July 1985 which extended the declaration of a state of emergency by Executive Decree martial law for an additional period of 30 days beyond No. 1291 of 21 April 2021. that date. (See depositary notification The provisions of the Covenant that are thus C.N.140.2021.TREATIES-IV.4 of 6 May 2021 for the suspended are those of articles 12, 17 (in respect of text of the notification.) interference with correspondence) and 19 (2). The Secretary-General received from the Government The notification specifies that the reasons for the of Ecuador a notification dated 29 July 2021, made under suspension of constitutional guarantees continue to be article 4 (3) of the above Covenant, regarding the those originally indicated, namely: the need to maintain a declaration and prorogation of a state of emergency by climate of peace and tranquility, which had been Executive Decrees No. 116 of 14 July 2021 and No. 140 disturbed through the commission of acts designed to of 28 July 2021. create a state of instability and social unrest which (See depositary notification affected the economy and the public peace by persons C.N.248.2021.TREATIES-IV.4 of 5 August 2021 for the seeking to obstruct the process of structural change, thus text of the notification.) seriously disrupting public order.
IV 4. HUMAN RIGHTS 50 (Dated 13 November 1989) No. 76 of the Government of Estonia dated 12 March Suspension for a period of 30 days as from 12 2020. November 1990 of various constitutional guarantees. (See C.N.113.2020.TREATIES-IV.4 of 27 March (Derogation from articles 12, 17, 19, 21 and 22 of the 2020 for the text of the notification.) Covenant.) The notification indicates that this measure became necessary owing the use of terror and violence by the The Secretary-General received from the Government Frente Farabundo Marti to obtain the political authority, of Estonia a notification dated 16 May 2020, made under in complete disregard of previous elections. article 4 (3) of the above Covenant, regarding the termination of the state of emergency in the entire The Secretary-General received from the Government territory of Estonia with effect on 18 May 2020. of El Salvador a notification dated 14 April 2020, made (See C.N.177.2020.TREATIES-IV.4 of 29 May under article 4 (3) of the above Covenant, regarding the 2020 for the text of the notification.) declaration of a national state of emergency, public calamity and disaster for a period of 30 days effective ETHIOPIA from 14 March 2020, pursuant to Legislative Decree No. The Secretary-General received from the Government 593 of 14 March 2020. of Ethiopia a notification dated 5 May 2020, and (See C.N.134.2020.TREATIES-IV.4 of 22 April 2020 subsequently a notification dated 9 June 2020, made for the text of the notification.) under article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government declaration of a nationwide state of emergency effective of El Salvador a notification dated 16 April 2020, made from 8 April 2020 for a duration of five months, pursuant under article 4 (3) of the above Covenant, regarding the to Proclamation No. 3/2020, Proclamation No. 1189/2020 extension of the national state of emergency, public and Regulation No. 466/2020. calamity and natural disaster for a further duration of four (See C.N.243.2020.TREATIES-IV.4 of 17 June 2020 days that will expire on 16 April 2020, pursuant to for the text of the notification.) Legislative Decree No. 622 of 12 April 2020. (See C.N.138.2020.TREATIES-IV.4 of 24 April 2020 for the text of the notification.) FRANCE The Secretary-General received from the Government On 15 November 2005, the Secretary-General of El Salvador a notification dated 17 April 2020, made received from the Government of France a notification under article 4 (3) of the above Covenant, regarding the signed by the Permanent Representative dated 15 extension of the national state of emergency, public November 2005, made under article 4 (3) of the above calamity and natural disaster for a further duration of Covenant, declaring a state of emergency had been fifteen days until 1 May 2020, pursuant to Legislative established pursuant to the Decree dated 8 November Decree No. 631 of 16 April 2020. 2005. (See C.N.143.2020.TREATIES-IV.4 of 27 April 2020 On 12 January 2006, the Secretary-General received for the text of the notification.) from the Government of France a notification declaring The Secretary-General received from the Government the termination of the state of emergency established of El Salvador a notification dated 7 May 2020, made pursuant to the Decree dated 8 November 2005, with under article 4 (3) of the above Covenant, regarding the effect from 4 January 2006. extension of the national state of emergency, public calamity and natural disaster from 2 to 16 May 2020 On 25 November 2015, the Secretary-General pursuant to Legislative Decree No. 634 of 30 April 2020. received from the Government of France a notification (See C.N.161.2020.TREATIES-IV.4 of 14 May 2020 signed by the Permanent Representative dated 23 for the text of the notification.) November 2015, made under article 4 (3) of the above Covenant, declaring a state of emergency had been The Secretary-General received from the Government established pursuant to Decree No. 2015-1475 of 14 of El Salvador a notification dated 21 May 2020, made November 2015: under article 4 (3) of the above Covenant, regarding the New York, 23 November 2015 extension of the national state of emergency, public Your Excellency, calamity and natural disaster declared over its national On 13 November 2015, large-scale terrorist attacks territory from 19 May 2020 for up to fifteen days pursuant took place in the Paris region. to Executive Decree No. 19 of 19 May 2020. Taking into account to information from the (See C.N.180.2020.TREATIES-IV.4 of 3 June 2020 intelligence services and the international context, the for the text of the notification.) terrorist threat in France is of a lasting nature. The French Government has decided, by Decree No. The Secretary-General received from the Government 2015-1475 of 14 November 2015, to apply Act No. 55- of El Salvador a notification dated 24 May 2020, made 385 of 3 April 1955 on the state of emergency. under article 4 (3) of the above Covenant, informing that Decrees No. 2015-1475, No. 2015-1476 and No. by decision no. 63-2020 of 22 May 2020, the 2015-1478 of 14 November 2015 and No. 2015-1493 and Constitutional Chamber of the Supreme Court of Justice No. 2015-1494 of 18 November 2015 have defined a of the Republic of El Salvador ordered the suspension of number of measures that may be taken by the Executive Decree No. 19 of 19 May 2020 and the legal administrative authorities. reviviscence of Legislative Decree No. 593 of 14 March The extension of the state of emergency for three 2020 which shall be in force until 29 May 2020, unless a months, with effect from 26 November 2015, was new law is adopted before this date. authorized by Act No. 2015-1501 of 20 November 2015. (See C.N.182.2020.TREATIES-IV.4 of 5 June 2020 This Act also amends certain of the measures provided for for the text of the notification.) by the Act of 3 April 1955 in order to adapt its content to the current context. The texts of the decrees and acts mentioned above are ESTONIA attached to this letter. The Secretary-General received from the Government Such measures appeared necessary to prevent the of Estonia a notification dated 20 March 2020, made commission of further terrorist attacks. under article 4 (3) of the above Covenant, regarding the Some of these measures, prescribed by the decrees of declaration of a state of emergency in the entire territory 14 November 2015 and 18 November 2015 and by the of Estonia from 12 March 2020 to 1 May 2020 by order Act of 20 November 2015, may involve a derogation from
IV 4. HUMAN RIGHTS 51 the obligations under the International Covenant on Civil (Dated 23 March 2006) and Political Rights, and particularly its articles 9, 12 and "In conformity with Article 4 of the Covenant on Civil 17. I would therefore kindly request you to consider that and Political Rights and Article 15 of the Law of the State this letter constitutes a notification for the purposes of of Emergency of Georgia, I have to inform you that the article 4 of the Covenant. President of Georgia on March 15, 2006 has issued the Accept, Your Excellency, the assurances of my Decree No. 199 on "Abolishment of the State of highest consideration. Emergency in the Khelvachauri district", which has been (Signed) François Delattre approved by the Parliament of Georgia on March 16, (See C.N.703.2015.TREATIES-IV.4 of 31 December 2006. 2015 for the text of the above-mentioned notification.) According to the above Decree, the Presidential On 26 February 2016, the Secretary-General received Decree No. 173 of February 26, 2006 "On State of from the Government of France a notification signed by Emergency in the Khelvachauri district" has been the Permanent Representative dated 25 February 2016, declared null and void." made under article 4 (3) of the above Covenant, declaring In conformity with Article 4 of the Covenant on Civil the extension of the state of emergency pursuant to and Political Rights I would like to inform you that the Decree No. 2016-162 of 19 February 2016. President of Georgia on November 7, 2007 has issued the (See C.N.538.2016.TREATIES-IV.4 of 29 July 2016 Order #621 on "the Decration of the State of Emergency for the text of the above-mentioned notification.) on the entire territory of Georgia"and Decree N.1 "On the On 22 July 2016, the Secretary-General received from measures to be undertaken in connection with the the Government of France a notification signed by the declaration of the state of emergency on the entire Permanent Representative dated 22 July 2016, made territory of Georgia"which will be approved by the under article 4 (3) of the above Covenant, declaring the Parliament of Georgia within next 48 hours. Introduction extension of the state of emergency pursuant to Decree of the state of emergency became necessary because of No. 2016-987 of 21 July 2016. the extreme deterioration of the situation in Tbilisi as a (See C.N.565.2016.TREATIES-IV.4 of 1 August 2016 result of the attempted coup d'état and massive for the text of the notification.) disobedience and violent resistance to the law On 21 December 2016, the Secretary-General received enforcement authorities. Due to the state of emergency, from the Government of France a notification signed by pursuant to Article 73, paragraph 1, subparagraph ‘h', and the Permanent Representative dated 21 December 2016, Article 46 paragraph 1 of the Constitution of Georgia and made under article 4 (3) of the above Covenant, declaring Article 2, paragraph 1 of the Law of Georgia on the State the extension of the state of emergency pursuant to of Emergency, right to receive and disseminate Decree No. 2016-1767 of 19 December 2016. information (Article 24 of the Constitution of Georgia), (See C.N.984.2016.TREATIES-IV.4 of 9 January freedom to assembly and manifestation (Article 25) and 2017 for the text of the notification.) right to strike (Article 33) are restricted for the duration of On 14 July 2017, the Secretary-General received from the state of emergency. You will be informed in due the Government of France a notification signed by the course when the above Order and Decree are abolished. Permanent Representative dated 12 July 2017, made under article 4 (3) of the above Covenant, declaring the The Secretary-General received from the Government extension of the state of emergency pursuant to Act No. of Georgia a notification dated 21 March 2020, made 2017-1154 of of 11 July 2017. under article 4 (3) of the above Covenant, regarding the (See C.N.408.2017.TREATIES-IV.4 of 21 July declaration of a state of emergency in the entire territory 2017 for the text of the notification.) of Georgia from 21 March 2020 to 21 April 2020 by On 20 July 2018, the Secretary-General received from Decree N1 of the President of Georgia dated 21 March the Government of France a notification signed by the 2020. Permanent Representative dated 20 July 2018, made (See C.N.125.2020.TREATIES-IV.4 of 6 April 2020 under article 4 (3) of the above Covenant, concerning the for the text of the notification.) end of the state of emergency established through Act No. 2015-1475 of 14 November 2015. The Secretary-General received from the Government (See C.N.337.2018.TREATIES-IV.4 of 20 July 2018 of Georgia a notification dated 21 April 2020, made under for the text of the notification.) article 4 (3) of the above Covenant, regarding the declaration of a state of emergency in the entire territory GEORGIA of Georgia from 22 April 2020 to 22 May 2020 (included) Excellency, by Order N2 of the President of Georgia dated 21 April In conformity with Article 4 of the Covenant on Civil 2020. and Political Rights and Article 15 of the Law on the (See C.N.142.2020.TREATIES-IV.4 of 27 April 2020 State of Emergency of Georgia, I have to inform you that for the text of the notification.) the President of Georgia on February 26, 2006 has issued the Decree No. 173 on "State of Emergency in the The Secretary-General received from the Government Khelvachauri district" which has been approved by the of Georgia a notification dated 23 May 2020, made under Parliament of Georgia on February 28, 2006. The Decree article 4 (3) of the above Covenant, regarding the is aimed at preventing further spread throughout Georgia prorogation of a state of emergency in the entire territory of the H5N1 virus (bird flu) that has been recently of Georgia 15 July 2020. detected in the district in question. The restrictions (See C.N.183.2020.TREATIES-IV.4 of 5 June 2020 imposed upon by the Decree are fully in line with for the text of the notification.) provisions of Article 21, paragraphs 2 and 3 (on the restrictions related to property rights) and Article 22, The Secretary-General received from the Government paragraph 3 (on the restrictions related to the freedom of of Georgia a notification dated 15 July 2020, made under movement) and Article 46 (on the restrictions related to article 4 (3) of the above Covenant, regarding the constitutional rights and freedoms) of the Constitution prorogation of a state of emergency in the entire territory of Georgia and respective provisions of the Law on the of Georgia until 1 January 2021. State of Georgia. (See C.N.314.2020.TREATIES-IV.4 of 22 July 2020 You will be informed in due course when the above for the text of the notification.) Decree is abolished. Please accept, Excellency, the assurances of my The Secretary-General received from the Government highest consideration. of Georgia a notification dated 31 December 2020, made (Signed) Gela Bezhuashvili under article 4 (3) of the above Covenant, regarding the
IV 4. HUMAN RIGHTS 52 prorogation of a state of emergency in the entire territory ... by Government Decree No. 1-2008 of 7 May 2008, of Georgia until 1 July 2021. a state of emergency has been declared throughout the (See C.N.580.2020.TREATIES-IV.4 of 12 January territory of the Republic of Guatemala. 2020 for the text of the notification.) Government Decree No. 1-2008, which entered into force immediately, will remain in effect for 15 days and The Secretary-General received from the Government will be applicable throughout the national territory. of Georgia a notification dated 30 June 2021, under article Accordingly, the exercise of the rights and freedoms 4 (3) of the above Covenant, regarding the prolongation guaranteed under articles 9, 19, 21, 22 (para. 1) and 22 of the special emergency legislation in Georgia until 1 (para. 2) of the International Covenant on Civil and January 2022. Political Rights has been restricted. (See C.N.208.2021.TREATIES-IV.4 of 1 July 2021 On 12 May 2008, the Secretary-General received from for the text of the notification.) the Government of Guatemala a letter dated 8 May 2008 from the Minister for Foreign Affairs of Guatemala GUATEMALA providing information on the state of emergency declared (Dated 20 November 1998) in the Republic of Guatemala by Government Decree No. By Decree No. 1-98 of 31 October 1998, declaration 1-2008. of the state of public disaster throughout the national In compliance with article 4, paragraph 3 of the territory for a period of thirty (30) days, in order to International Covenant on Civil and Political Rights, the resolve the hazardous situation caused by Hurricane Government of Guatemala wishes to inform the Mitch and to mitigate its effects. Secretary-General that the state of emergency established (Dated 26 July 2001) by Government Decree No. 1-2008 expired on 22 May By Government Decree No. 2-2001, extension of the 2008. Accordingly, the rights and guarantees suspended state of emergency established by Government Decree by this Decree have been restored. No. 1-2001, for an additional 30 days throughout the ... by Government Decree No. 3-2008 the President of national territory. the Republic has decreed a state of emergency in the The Government Decree No. 1-2001 was not supplied municipality of San Juan Sacatepéquez in the Department to the Secretary-General. Moreover, the articles of the of Guatemala. The state of emergency will remain in Covenant which were derogated from were not indicated. effect for a period of 15 days from 22 June 2008. (Dated 2 August 2001) On 14 October 2008, the Government of Guatemala By Government Decree No. 3-2001, establishment of notified the Secretary-General that by Decree No. 07- a state of emergency for a period of 30 days in the 2008 various measures were adopted to suspend certain Department of Totonicapán with immidiate effect. The rights in the Municipality of Coatepeque in the articles of the Covenant which were derogated from were Department of Quetzaltenango. The Decree remained in not indicated. force for 15 days as of 5 October 2008. (Dated 6 August 2001) (Dated 24 April 2009) State of emergency declared by Decree No. 3-2001 ... by Governmental Decree No. 5-2009, a state of has been rescinded by Government Decree No. 4-2001 emergency was declared in the municipality of with immediate effect. Huehuetenango, Department of Huehuetenango, for a On 14 October 2005, the Secretary-General received period of 15 days. from the Government of Guatemala a notification made On 25 April 2009, the President of the Republic of under article 4 (3) of the above Covenant, notifying of a Guatemala repealed, by Government Decree 6-2009, the derogation from obligations under the Covenant. state of emergency in the Municipality of Huehuetenango, The decision was adopted by the Congress of Department of Huehuetenango, that had been declared by Guatemala on 6 October 2005 in Legislative Decree No. Government Decree 5-2009. 70-2005, and it entered into force on 10 October 2005. (Dated 6 May 2009) The Decree recognizes a state of national disaster in the ... by Government Decree No. 7-2009, a public health affected areas for a period of 30 days. emergency has been declared throughout the national The Government of Guatemala specified that it has territory, with a view to preventing and mitigating the derogated from the provisions relating to the right of effects of the influenza A (H1N1) epidemic. liberty of movement and the right of freedom of action, Government Decree No. 7-2009, which was declared except for the right of persons not to be harassed for their for a period of thirty (30) days, limits the rights and opinions or for acts which do not violate the law. freedoms contained in articles 12, 19 and 21 of the Moreover, the articles of the Covenant which were International Covenant on Civil and Political Rights. derogated from were not indicated. On 12 May 2009, by Government Decree No. 8-2009, On 5 September 2006, the Secretary-General received the President of the Republic repealed Government from the Government of Guatemala a notification made Decree No.7-2009 dated 6 May 2009. under article 4 (3) of the above Covenant, notifying a ... by Government Decree No. 14-2009 of 22 declaration of a state of emergency in the municipalities December 2009, the President of the Republic declared a of Concepción Tutuapa, Ixchiguán, San Miguel state of emergency in the Department of San Marcos. The Ixtahuacán, Tajumulco and Tejuela, in the Department of Decree entered into force immediately for a period of San Marcos of the Republic of Guatemala. fifteen (15) days during which the exercise of the rights The State of emergency was declared by and freedoms guaranteed under articles 9, 12, 19 and 21 Governmental Decree No. 1-2006 of 28 August 2006. of the International Covenant on Civil and Political Rights On 18 September 2006, the Secretary-General has been restricted. received from the Government of Guatemala a ... by Government Decrees Nos. 01-2010 of 5 January communication informing him of Government Decree 2010 and 02-2010 of 20 January 2010, the President of No. 2-2006 of 31 August 2006, which repeals article 4, the Republic extended the state of emergency in the paragraph (d), of Government Decree No. 1-2006, which Department of San Marcos declared by Government was sent earlier. Decree 14-2009 of 22 December 2009, each for a period ... by Government Decrees Nos. 5-2006 and 6-2006, of fifteen (15) days. the President of the Republic declared a state of ... by Government Decree No. 08-2010 of 18 March emergency in some municipalities in the Departments of 2010, the President of the Republic extended the state of San Marcos, Huehuetenango and Quetzaltenango. The emergency in the Department of San Marcos for a period state of emergency remained in effect for eight days from of fifteen (15) days. the date indicated in the decrees, i.e., 17 November 2006. ... by Government Decree No. 4-2010 of 5 February (Dated 7 May 2008) 2010, the President of the Republic extended the state of
IV 4. HUMAN RIGHTS 53 emergency (Decree 14-2009 of 22 december 2009) in the issuance of Government Decree No. 23-2010 [...] still Department of San Marcos for a period of fifteen (15) persist. days. ... by Government Decree No. 4-2011 in the Council ... by Government Decree No. 6-2010 of 19 February of Ministers, the President of the Republic of guatemala 2010, the President of the Republic extended the state of declared a state of emergency in the Department of Petén emergency (Decree 14-2009 of 22 december 2009) in the for a period of thirty (30) days, beginning on the date of Department of San Marcos for a period of fifteen (15) the entry into force of the aforesaid Decree. Accordingly, days. the exercise of the rights and freedoms established in ... by Government Decrees No. 9-2010 of 7 April 2010 articles 9, 12 and 21 of the International Covenant on and No. 11-2010 of 16 April 2010, the President of the Civil and Political Rights have been restricted, as Republic extended the state of emergency (Decree 14- necessary. 2009 of 22 december 2009) in the Department of San ... by Government decree No. 5-2011, the state of Marcos for a period of fifteen (15) days respectively. emergency declared by by Government Decree 4-2011 is ... by Government Decrees No. 09-2010 of 7 April extended for an additional period of 30 days in the 2010 and No. 11-2010 of 16 April 2010, the President of Department of Petén. Measures restricting the application the Republic extended the state of emergency (Decree of articles 9, 12 and 21 of the Covenant remain in effect. 08-2009 of 18 March 2010) in the Department of San ... by Government Decree No. 6-2011, the President of Marcos for a period of fifteen (15) days respectively. Guatemala extended for an additional 30 days the state of ... by Government Decree No. 13-2010 of 17 May emergency in the Department of Petén declared by 2010, the President of the Republic declared a state of Government Decree No. 4-2011 and extended by emergency in the Department of San Marcos for a period Government Decree No. 5-2011. Measures restricting the of fifteen (15) days. The Decree restricted the exercise of application of articles 9, 12 and 21 of the Covenant the rights and freedoms referred to in articles 9, 12, 19 remain in effect. and 21 of the Covenant. The state of emergency ... by Government Decree No. 7-2011, the President of concluded 15 days after it was declared. the Republic of Guatemala, in the Council of Ministers, ... by Government Decree No. 14-2010, owing to the declared a state of emergency in the Department of Petén eruption of the Pacaya volcano, the President of the for 30 days as of 14 August 2011. The exercise of the Republic declared a disaster emergency in the territory of rights and freedoms set out in articles 9, 12 and 21 of the the Departmenets of Escuintla, Sacatepéquez and Covenant have been restricted. Guatemala for a period of 30 days, partially restricting the In a note received on 6 September 2011, the rights and freedoms referred to in articles 12 and 21 of the Government of Guatemala informed the Secretary- Covenant. General that the state of public emergency declared by ... by Government Decree No. 15-2010 of 29 May Government Decree 6-2011, dated 14 July 2011, ended on 2010, owing to the natural disaster caused by tropical 17 August 2011. storm Agatha and the continuous rain affecting the ... by Government Decree 9-2011, the Vice-President country, the President of the Republic declared a national of the Republic of Guatemala, acting in the Council of disaster emergency for a period of 30 days. On 25 June Ministers and on the authority of the President of the 2010, by Government Decree No. 16-2010, the disaster Republic, declared a state of public emergency in the emergency was extended for a further 30 days in the Department of Santa Rosa for a period of thirty (30) days Departments of Escuintla, Sacatepéquez and Guatemala as from the date of the entry into force of that Decree. In owing to the continuance of the circumstances that led to that connection, measures restricting the application of the issuance of Government Decrees Nos. 14-2010 and articles 9, 12 and 21 of the International Covenant on 15-2010. Civil and Political Rights were taken. In each case, measures were adopted that partially ... on 14 August 2011, the President of the Republic of restrict the content of articles 12 and 21 of the Guatemala, in the Council of Ministers, through International Covenant. Government Decree No. 7-2011, declared a state of ... by Government Decree 17-2010 of 22 July 2010, emergency in the Department of Petén, Guatemala, for a the President of the Republic extended for a further 30 period of thirty (30) days. days the disaster emergency proclamed by Government Because of the continuation of the conditions that led Decree 14-2010. to declare the above-mentioned state of emergency, by ... by Government Decree No. 6-2010 of 19 February Government Decree No. 8-2011, dated 13 September, 2010 extended the state of emergency in the Department 2011, the President of the Republic of Guatemala again of San Marcos, Guatemala. extended the state of emergency for an additional 30 days The Government Decree entered into force in the Department of Petén, Guatemala. immediately and has been issued for a period of fifteen On 15 October 2011, the President of the Republic of (15) days in the Department of San Marcos, Guatemala. Guatemala declared in the Council of Ministers, by The exercise of the rights and freedoms established in Government decree No. 10-2011, a state of emergency articles 12, 19, paragraph 2 and 21 of the International throughout the national territory, to run for thirty days Covenant on Civil and Political Rights has been partially starting from the date of entry into force of that decree. restricted. Measures have been adopted to derogate as necessary In a note received on 28 June 2010, the Government of from the provisions of articles 9, 12 and 21 of the Guatemala informed the Secretary-General that the State aforementioned International Covenant. of public emergency declared by Government Decree 11- [...] on 1 May 2012 the President of the Republic of 2010 of 16 April 2010 in the Department of San Marcos Guatemala, in the Council of Ministers, declared a state of ended 15 days after its declaration. emergency in the town of Santa Cruz Barillas, ... by Government Decree No. 23-2010 of 19 Department of Huehuetenango, by Government Decree December 2010, the President of the Republic of No. 1-2012. Guatemala declared a state of siege in the Department of Government Decree No. 1-2012 entered into force Alta Verapaz for a period of 30 days from the entry into immediately for a period of thirty (30) days in the town of force of the Decree in response to the need to regain Santa Cruz Barillas, Department of Huehuetenango, control of the region where drugs traffickers have a strong Guatemala. It restricted the exercise of the rights referred presence, and where a series of violent events have taken to in articles 9, 12 and 21 of the International Covenant on place. Measures were adopted restricting the full Civil and Political Rights, with regard to lawful detention, application of articles 9, 12 and 21 of the Covenant. freedom of movement and the right of assembly and ... by Government Decree 01-2011, the state of siege is demonstration, as well as the right to bear arms. being extended because the conditions that led to the
IV 4. HUMAN RIGHTS 54 However, as the circumstances that led to that decree The measures have been decreed for a period of fifteen no longer exist, on 18 May 2012 the state of emergency in (15) days and restrict the implementation of articles 12 the town of Santa Cruz Barillas, Department of and 21 of the aforementioned Covenant. Huehuetenango, was lifted by Government Decree No. 2- ... on 21 September 2014, the President of the 2012. Republic of Guatemala, in the Council of Ministers, On 7 November 2012, the President of the Republic of declared a state of alert in the municipality of San Juan Guatemala, in the Council of Ministers, declared a state of Sacatepéquez, Department of Guatemala, by Government disaster in the Guatemalan departments of Retalhuleu, Decree No. 6-2014. Quetzaltenango, Sololá, Quiché, Totonicapán, San As the conditions that gave rise to the declaration of Marcos and Huehuetenango through Government Decree this state of alert still prevail, the President of the No. 3-2012. Subsequently, the President of the Republic, Republic of Guatemala, by Government Decree No. 8- in the Council of Ministers, expanded the state of disaster 2014 of 2 October 2014, has extended the state of alert in declared through Government Decree No. 3-2012 to the municipality of San Juan Sacatepéquez, Department include the department of Suchitepéquez. of Guatemala, for an additional 15 days. The relevant measures have been decreed for a period ... on 21 September 2014, the President of the of fifteen (15) days and restrict the implementation of Republic of Guatemala, in the Council of Ministers, article 12 of the above-mentioned Covenant with regard declared a state of alert in the municipality of San Juan to liberty of movement. Sacatepéquez, Department of Guatemala, by Government On 7 November 2012, the President of the Republic of Decree No. 6-2014. Guatemala, in the Council of Ministers, declared a state of As the conditions that gave rise to the declaration of disaster in the Guatemalan departments of Retalhuleu, the state of alert still prevailed, the President of the Quetzaltenango, Sololá, Quiché, Totonicapán, San Republic of Guatemala, by Government Decrees Nos. 8- Marcos, Huehuetenango and Suchitepéquez through 2014 of 2 October 2014 and 9-2014 of 16 October 2014, Government Decrees Nos. 3-2012 and 4-2012. twice extended the state of alert in the municipality of San Because the conditions that gave rise to the Juan Sacatepéquez, Department of Guatemala, for an aforementioned declaration of a state of disaster still additional 15 days. persist, the President of the Republic of Guatemala has I wish to inform you that the state of alert that was further extended, through Government Decree No. 5-2012 implemented in the territory of the municipality of San of 7 December 2012, the state of disaster in the Juan Sacatepéquez, Department of Guatemala, was lifted Guatemalan departments of Retalhuleu, Quetzaltenango, by Government Decree No. 11-2014 of 31 October 2014. Sololá, Quiché, Totonicapán, San Marcos, ... pursuant to article 4(3) of the International Huehuetenango and Suchitepéquez, for a period of thirty Covenant on Civil and Political Rights. additional days. On 21 June 2016, as a result of landslides caused by ... on 7 November 2012, the President of the Republic heavy rainfall that damaged roads, housing, schools, of Guatemala, in the Council of Ministers, declared a state health facilities and other infrastructure, Mr. Jimmy of disaster in the Guatemalan departments of Retalhuleu, Morales Cabrera, President of the Republic of Guatemala, Quetzaltenango, Sololá, Quiché, Totonicapán, San in concert with the Cabinet, issued Government Decree Marcos, Huehuetenango and Suchitepéquez through No. 2-2016 declaring a state of emergency in the Government Decrees Nos. 3-2012 and 4-2012. municipality of Jerez, department of Jutiapa, for 30 days Subsequently, on 7 December 2012, the President of beginning from the date of entry into force of the decree. the Republic of Guatemala extended the state of disaster On 18 July 2016, the President of the Republic, in for an additional thirty days in the Guatemalan concert with the Cabinet, issued Government Decree No. departments of Retalhuleu, Quetzaltenango, Sololá, 3-2016 extending the state of emergency for another 30 Quiché, Totonicapán, San Marcos, Huehuetenango and days, since the circumstances that gave rise to Suchitepéquez, through Government Decree 5-2012. Government Decree No. 2-2016 continued to exist... Because the conditions that gave rise to the See C.N.601.2016.TREATIES-IV.4 of 6 September aforementioned declaration of a state of disaster still 2016. persist, the President of the Republic of Guatemala has ... pursuant to article 4 (3) of the International further extended, through Government Decree No. 1-2013 Covenant on Civil and Political Rights, that on 21 June of 7 January 2013, the state of disaster in the Guatemalan 2016, in concert with the Cabinet, Mr. Jimmy Morales departments of Retalhuleu, Quetzaltenango, Sololá, Cabrera, President of the Republic of Guatemala, issued Quiché, Totonicapán, San Marcos, Huehuetenango and Government Decree No. 2-2016 declaring a state of Suchitepéquez, for a period of thirty additional days ... emergency in the municipality of Jerez, Department of ... on 7 November 2012, the President of the Republic Jutiapa, for 30 days beginning from the date of entry into of Guatemala, in the Council of Ministers, declared a state force of the decree. of disaster in the Guatemalan departments of Retalhuleu, The state of emergency was declared as a result of Quetzaltenango, Sololá, Quiché, Totonicapán, San landslides caused by heavy rainfall in the municipality of Marcos, Huehuetenango and Suchitepéquez through Jerez, Department of Jutiapa, which damaged roads, Government Decrees Nos. 3-2012, 4-2012, 5-2012 and 1- housing, schools, health facilities and other infrastructure 2013. and impaired the provision of essential services, as well as Because the conditions that gave rise to the affecting production activities and human development. aforementioned declaration of a state of disaster still Accordingly, the measure is aimed at mitigating the persist, the President of the Republic of Guatemala has damage, repairing roads and buildings, restoring essential further extended, through Government Decree No. 2-2013 services and minimizing the impact, as well as enabling of 31 January 2013, the state of disaster in the the necessary measures to be taken, in places where the Guatemalan departments of Retalhuleu, Quetzaltenango, circumstances so warrant, to avoid or reduce the impact of Sololá, Quiché, Totonicapán, San Marcos, the disaster and, above all, to protect the life, physical Huehuetenango and Suchitepéquez, for a period of thirty integrity and safety of the affected or at-risk population additional days. and to safeguard their property. ... On 21 September 2014, the President of the In this connection, measures have been taken to Republic of Guatemala, in the Council of Ministers, restrict the application of article 12 of the International declared a state of alert in the municipality of San Juan Covenant on Civil and Political Rights with respect to Sacatepéquez in the Department of Guatemala through liberty of movement... Government Decree No. 6-2014. See C.N.600.2016.TREATIES-IV.4 of 6 September 2016.
IV 4. HUMAN RIGHTS 55 ... on 19 September 2016, by Government Decree No. Guatemala, as well as articles 12, 21 and 22 of the 5-2016, published on 20 September 2016 in the Official International Covenant on Civil and Political Rights, shall Gazette, the Government of Guatemala declared a state of be suspended. emergency throughout Guatemala because of the heavy In this regard, and based on the provisions of article 4, and constant rainfall affecting the country. paragraph 3, of the International Covenant on Civil and Subsequently, by Government Decree No. 6-2016 of Political Rights, I request your good offices to convey to 21 September 2016, published on 22 September 2016, the States parties the notification and attached Government Government of Guatemala repealed Government Decree decree for the files of the depositary, as well as for No. 5-2016, because of the differing and widespread consultation. interpretations among the population about the purposes Accept, Sir, the renewed assurances of my highest for which the Decree had been issued... consideration. ... further to Note No. J/1/1119 of 27 September 2016 concerning Decree No. 5-2016 published on 20 (Signed) Omar Castañeda Solares September 2016 and Decree No. 6-2016 published on 22 Deputy Permanent Representative / Chargé d’affaires September 2016, whereby Guatemala declared and a.i. subsequently lifted the national state of emergency. (See C.N.290.2017.TREATIES-IV.4 of24 May 2017) In this regard and in accordance with article 4 of the The Secretary-General received from the Government International Covenant on Civil and Political Rights, I of Guatemala a notification dated 12 June 2017, made wish to inform you that the Government of Guatemala has under article 4 (3) of the above Covenant, regarding the decided to revoke the suspension of the following articles extension of the state of emergency in the municipalities under Government Decree No. 6-2016: of Ixchiguán and Tajumulco in the Department of San 1. Article 12: Movement Marcos, for a further thirty days by Government Decree 2. Article 19: Freedom of expression No. 3-2017. 3. Article 21: Peaceful assembly (See C.N.402.2017.TREATIES-IV.4 of 17 July 2017 4. Article 22: Association... for the text of the notification.) (See C.N.838.2016.TREATIES-IV.4 of 9 November The Secretary-General received from the Government 2016.) of Guatemala a notification dated 5 September 2019, ... on 22 September 2016, the Government of made under article 4 (3) of the above Covenant, regarding Guatemala, issued Government Decree No. 7-2016, the declaration of a state of siege on 4 September 2019 by published in the Official Gazette on 23 September 2016, Government Decree No. 1/2019 in the department of declaring a state of emergency in the national territory for Izabal; in the municipalities of Tactic, Senahú, Tamahú, a period of thirty (30) days, beginning on the date of entry Tucurú, Panzós, Santa María Cahabón, Santa Catalina la into force of the aforesaid Decree. Tinta, Chahal and Fray Bartolomé de las Casas in the The purpose of this Decree is to prevent the population department of Alta Verapaz; in the municipalities of from remaining in, or having access to, certain areas Gualán, Río Hondo, Teculután and Usumatlán in the classified as vulnerable or at risk; to take all appropriate department of Zacapa; in the municipalities of San measures to mitigate the damage caused or which may be Agustín Acasaguastlán and San Cristóbal Acasaguastlán caused by the continuous heavy rainfall in order to in the department of El Progreso; in the municipality of prevent further consequences; and, in places where Purulhá in the department of Baja Verapaz; and in the circumstances so warrant, to take the necessary action to municipality of San Luis in the department of Petén, for a alleviate or reduce its impact, thereby protecting the lives, period of thirty (30) days. safety and physical integrity of the Guatemalan (See C.N.422.2019.TREATIES-IV.4 of 12 September population... 2019 for the text of the notification.) ... further to Note No. J/1/1132 of 30 September 2016 The Secretary-General received from the Government concerning Decree No. 7-2016 published on 23 of Guatemala a notification dated 20 January 2020, made September 2016, whereby Guatemala declared a national under article 4 (3) of the above Covenant, regarding the state of emergency. declaration of a state of emergency on 16 January 2020 by In this regard and in accordance with article 4 of the Government Decree No. 1/2020 in the department of International Covenant on Civil and Political Rights, I Izabal; in the municipalities of San Juan Sacatépequez wish to inform you that the Government of Guatemala has and Mixco, both in the Department of Guatemala of the decided to take measures with regard to the provisions of Republic of Guatemala, for a period of six (6) days. article 12 of the Covenant... (See (See C.N.37.2020.TREATIES-IV.4 of 24 January C.N.839.2016.TREATIES-IV.4 of 9 November 2016.) 2020 for the text of the notification.) J/1/563 New York, 18 May 2017 The Secretary-General received from the Government Sir, of Guatemala a notification dated 29 January 2020, made I have the honour to inform you that on 10 May 2017, under article 4 (3) of the above Covenant, regarding the the Government of Guatemala, through Government declaration of a state of emergency on 24 January 2020 by Decree No. 2-2017, published on 12 May 2017 in the Government Decree No. 2/2020 in the municipality of Official Gazette, declared a state of emergency in the Villa Nueva, in the Department of Guatemala of the municipalities of Ixchiguán and Tajumulco in the Republic of Guatemala, for a period of six (6) days. department of San Marcos, for a period of thirty days (See C.N.45.2020.TREATIES-IV.4 of 31 January from the publication of the Decree in the Official Journal. 2020 for the text of the notification.) The state of emergency was decreed because in recent The Secretary-General received from the Government days a number of serious events have occurred in those of Guatemala a notification dated 7 February 2020, made municipalities that jeopardize the constitutional order, under article 4 (3) of the above Covenant, regarding the governance and security of the State, affecting individuals declaration of a state of emergency on 4 February 2020 by and families and endangering the lives, liberty, security, Government Decree No. 3/2020 in the municipalities of peace and full development of the people. Chimaltenango, El Tejar and San Andrés Itzapa in the As a result of the above declaration and for as long as Department de Chimaltenango of the Republic of it remains in effect, full exercise of the constitutional Guatemala, for a period of six (6) days. rights of freedom of action, lawful arrest, interrogation of (See C.N.65.2020.TREATIES-IV.4 of 19 February detainees or prisoners, freedom of movement, rights of 2020 for the text of the notification.) assembly and demonstration and carrying of weapons, The Secretary-General received from the Government contained in articles 5, 6, 9, 26, 33 and paragraph two of of Guatemala a notification dated 17 February 2020, article 38 of the Political Constitution of the Republic of made under article 4 (3) of the above Covenant, regarding
IV 4. HUMAN RIGHTS 56 the declaration of a state of emergency on 11 February The Secretary-General received from the Government 2020 by Government Decree No. 4/2020 in the of Guatemala a notification dated 1 June 2020, made municipalities of Escuintla, Nueva Concepción, Santa under article 4 (3) of the above Covenant, regarding the Lucía Cotzumalguapa, Tiquisate, San José and Palín in declaration of a state of siege throughout the territory of the Department of Escuintla of the Republic of the municipalities of Nahualá, Santa Catarina Ixtahuacán Guatemala, for a period of six (6) days. and Santa Lucía Utatlán, in the Department of Sololá, (See C.N.66.2020.TREATIES-IV.4 of 19 February Republic of Guatemala, by Government Decree No. 10- 2020 for the text of the notification.) 2020 of 29 May 2020 for a period of thirty days from the The Secretary-General received from the Government date of entry into force of the said Decree. of Guatemala a notification dated 9 March 2020, made (See C.N.190.2020.TREATIES-IV.4 of 11 June 2020 under article 4 (3) of the above Covenant, regarding the for the text of the notification.) declaration of a state of emergency throughout the national territory on 5 March 2020 by Government Decree No. 5/2020 for a period of thirty (30) days. The Secretary-General received from the Government (See C.N.91.2020.TREATIES-IV.4 of 10 March 2020 of Guatemala a notification dated 1 July 2020, made for the text of the notification.) under article 4 (3) of the above Covenant, regarding the extension of the state of siege throughout the territory of The Secretary-General received from the Government the municipalities of Nahualá, Santa Catarina Ixtahuacán of Guatemala a notification dated 23 March 2020, made and Santa Lucía Utatlán, in the Department of Sololá, under article 4 (3) of the above Covenant, regarding the Republic of Guatemala, by Government Decree No. 11- declaration of a state of emergency in the entire territory 2020 of 23 June 2020 for a period of thirty days. of Guatemala from 22 March 2020 to 29 March 2020 by (See C.N.301.2020.TREATIES-IV.4 of 14 July 2020 Governement Order No. 6 dated 21 March 2020. for the text of the notification.) (See C.N.117.2020.TREATIES-IV.4 of 31 March The Secretary-General received from the Government 2020 for the text of the notification.) of Guatemala a notification dated 1 July 2020, made under article 4 (3) of the above Covenant, regarding the extension of the state of public disaster throughout the The Secretary-General received from the Government national territory for an additional period of thirty days by of Guatemala a notification dated 25 March 2020, made Government Decree No. 12-2020 of 23 June 2020. under article 4 (3) of the above Covenant, regarding the (See C.N.285.2020.TREATIES-IV.4 of 8 July 2020 extension of a state of emergency in the entire territory of for the text of the notification.) Guatemala for an additional period of thirty days by The Secretary-General received from the Government Governement Order No. 7 dated 24 March 2020. of Guatemala a notification dated 22 July 2020, made (See C.N.124.2020.TREATIES-IV.4 of 6 April 2020 under article 4 (3) of the above Covenant, regarding the for the text of the notification.) declaration of a state of siege throughout the territory of the municipalities of El Estor, Morales and Livingston, in the Department of Izabal, and in the municipalities of The Secretary-General received from the Government Panzós and Santa Catalina La Tinta, in the Department of of Guatemala a notification dated 29 April 2020, made Alta Verapaz, by Government Decree No. 13-2020 of 18 under article 4 (3) of the above Covenant, regarding the July 2020 for a period of thirty days from the date of entry extension of a state of emergency in the entire territory of into force of said Decree. Guatemala for an additional period of thirty days by (See C.N.321.2020.TREATIES-IV.4 of 27 July 2020 Governement Order No. 8 dated 20 April 2020. for the text of the notification.) (See C.N.155.2020.TREATIES-IV.4 of 7 May 2020 The Secretary-General received from the Government for the text of the notification.) of Guatemala a notification dated 29 July 2020, made under article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government extension of the state of public disaster throughout the of Guatemala a notification dated 15 May 2020, made national territory for an additional period of thirty days by under article 4 (3) of the above Covenant, regarding the Government Decree No. 15-2020 of 26 juillet 2020. measures restricting the application of articles 12 and 21 (See C.N.328.2020.TREATIES-IV.4 of 5 August in the entire territory of Guatemala from Friday, 15 May 2020 for the text of the notification.) 2020, at midnight to Monday, 18 May 2020, at 5 a.m. by The Secretary-General received from the Government Presidential Regulations dated 14 May 2020. of Guatemala a notification dated 18 August 2020, made (See C.N.174.2020.TREATIES-IV.4 of 28 May 2020 under article 4 (3) of the above Covenant, regarding the for the text of the notification.) declaration of a state of alert throughout the territory of the municipalities of El Estor, Morales and Livingston, in the Department of Izabal, and in the municipalities of The Secretary-General received from the Government Panzós and Santa Catalina La Tinta, in the Department of of Guatemala a notification dated 29 May 2020, made Alta Verapaz, by Government Decree No. 16-2020 of 13 under article 4 (3) of the above Covenant, regarding the August 2020 for a period of fifteen days from the date of measures restricting the application of articles 12 and 21 entry into force of said Decree. in the entire territory of Guatemala from 5 p.m. on Friday, (See C.N.352.2020.TREATIES-IV.4 of 25 August 22 May to 5 a.m. on Monday, 25 May and from 5 p.m. on 2020 for the text of the notification.) Friday, 29 May to 5 a.m. on Monday, 1 June. The Secretary-General received from the Government of Guatemala a notification dated 31 August 2020, made (See C.N.188.2020.TREATIES-IV.4 of 9 June 2020 under article 4 (3) of the above Covenant, regarding the for the text of the notification.) extension of the state of public disaster for thirty additional days by Government Decree No. 17-2020. The Secretary-General received from the Government (See C.N.383.2020.TREATIES-IV.4 of 9 September of Guatemala a notification dated 1 June 2020, made 2020 for the text of the notification.) under article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government extension of the state of national emergency for an of Guatemala a notification dated 16 November 2020, additional period of thirty days. made under article 4 (3) of the above Covenant, regarding (See C.N.191.2020.TREATIES-IV.4 of 11 June 2020 the declaration of state of emergency in some departments for the text of the notification. because of the Tropical Depression ETA, by Government Decrees No. 20-2020 and 21-2020 of 5 and 6 November
IV 4. HUMAN RIGHTS 57 2020 for a period of thirty days from the date of entry into the proclamation of a state of public emergency issued by force of said Decrees. the Governor-General on 10 September 2004 terminated (See C.N.534.2020.TREATIES-IV.4 of 23 November on 8 October 2004. 2020 for the text of the notification.) Furthermore, the Government of Jamaica informed the Secretary-General that the possible derogation from the rights guaranteed by Articles 12, 19, 21 and 22 (2) by The Secretary-General received from the Government Jamiaca ceased on 8 October 2004. of Guatemala a notification dated 1 December 2020, On 24 August 2007, the Secretary-General received made under article 4 (3) of the above Covenant, regarding from the Government of Jamaica a notification dated 23 the state of emergency declared by Government Decrees August 2007, made under article 4 (3) of the above Nos. 20-2020 and 21-2020 and extended by Government Covenant, transmitting a proclamation declaring a State of Decree No. 22-2020 adopted on 30 November 2020 by Public Emergency in the Island issued by the Governor thirty days. on 19 August 2007. The proclamation shall remain in (See C.N.547.2020.TREATIES-IV.4 of 9 December effect for an initial period of 30 days, unless the 2020 for the text of the notification.) Governor-General is advised to repeal it. The Secretary-General received from the Government In a note received on 27 August 2007, the Government of Guatemala a notification dated 14 January 2021, made of Jamaica informed the Secretary-General that the State under article 4 (3) of the above Covenant, regarding the of public emergency issued by the Governor on 19 state of emergency declared through Government Decree August 2007 has since been lifted effective Friday 24 No. 1-2021 in the Izabal, Zacapa, Chiquimula, Jutiapa, El August. Progreso, Petén and Santa Rosa Departments for a period of 15 days from 14 January 2021. "[...] in accordance with Article 4 (3) of the (See C.N.47.2021.TREATIES-IV.4 of 29 January International Covenant on Civil and Political Rights has 2021 for the text of the notification.) the honour to inform that on 23rd May 2010, the The Secretary-General received from the Government Governor-General of Jamaica issued a proclamation of Guatemala a notification dated 30 March 2021, made declaring a State of Public Emergency in the island. under article 4 (3) of the above Covenant, regarding the The State of Public Emergency has been imposed in state of emergency declared through Government Decree the parishes of Kingston and St. Andrew as a result of a No. 3-2021 in the Izabal, Zacapa, Chiquimula, El threat to public safety and shall exist for a period of one Progreso and Petén Departments for a period of 15 days month unless extended by the House of Representatives from 29 March 2021. or terminated at an earlier time. (See C.N.123.2021.TREATIES-IV.4 of 8 April 2021 The Proclamation issued by the Governor-General is for the text of the notification.) in strict compliance with the provisions of the International Covenant on Civil and Political Rights and with the Constitution of Jamaica. There may be derogation from the rights guaranteed by Articles 12, 19 ISRAEL and 21 of the International Covenant on Civil and "Since its establishment, the State of Israel has been Political Rights. [...] the victim of continuous threats and attacks on its very The Government of Jamaica hereby requests that the existence as well as on the life and property of its citizens. Secretary-General in his capacity as depository of the "These have taken the form of threats of war, of actual International Covenant on Civil and Political Rights armed attacks, and campaigns of terrorism resulting in the inform all Parties to the Covenant on the provision from murder of and injury to human beings. which it may derogate and the reason for possible "In view of the above, the State of Emergency which derogation. was proclaimed in May 1948 has remained in force ever The Permanent of Jamaica has the further honour to since. This situation constitutes a public emergency advise that the Government of Jamaica will inform the within the meaning of article 4 (1) of the Covenant. Secretary-General of measures taken by the authorities "The Government of Israel has therefore found it aimed at the termination of the State of Public of necessary, in accordance with the said article 4, to take Emergency. [...]." measures to the extent strictly required by the exigencies "... The Permanent Mission [of Jamaica to the United of the situation, for the defence of the State and for the Nations] wishes to advise that, upon the decision of the protection of life and property, including the exercise of House of Representatives for Jamaica, the State of powers of arrest and detention. Emergency [declared on 23 May 2010] has been extended "In so far as any of these measures are inconsistent by the Government of Jamaica, in accordance with with article 9 of the Covenant, Israel thereby derogates Section 26 (4)-(7) of the Constitution, for a further period from its obligations under that provision." of twenty-eight (28) days from the date of June 23, 2010 for the parishes of Kingston, St. Andrew, as well as St. Catherine. JAMAICA During the period of public emergency the On 28 September 2004, the Secretary-General Government may derogate from the provisions of Articles received from the Government of Jamaica a notification 9, 12, 17, 19 and 21 of the Covenant under regulations dated 28 September 2004, made under article 4 (3) of the made pursuant to Emergency Powers Act. ...." above Covenant, transmitting a Proclamation declaring a The Secretary-General received from the Government state of emergency in the island. The proclamation shall of Jamaica a notification dated 22 January 2018, made remain in effect for an initial period of 30 days, unless the under article 4 (3) of the Covenant , regarding the Governor-General is advised to repeal it or an extension is declaration of a state of emergency in the Parish of St. granted by the House of Representatives. James for a period of 14 Days. In a note received on 22 October 2004, the (See C.N.51.2018.TREATIES-IV-4 of 24 January Government of Jamaica informed the Secretary-General 2018 for the text of the notification.) that during the state of emergency, the provisions from which it may derogate are articles 12, 19, 21 and 22 (2) of KYRGYZSTAN the Covenant. The Secretary-General received from the Government On 27 October 2004, the Secretary-General received of Kyrgyzstan a notification dated 29 April 2020, made from the Government of Jamaica a notification, made under article 4 (3) of the above Covenant, regarding the under article 4 (3) of the above Covenant, transmitting extension of the state of emergency in the cities of text of sections 26 (4) - (7) of the Constitution by which Bishkek, Osh and Jalal-Abad as well as in the At-
IV 4. HUMAN RIGHTS 58 Bashinsky district of the Naryn region of the Kyrgyz Derogation from articles 9 (2) and 9 (3) of the Republic until 11:59 p.m. on 10 May 2020 by Presidential Covenant. Decree of 28 April 2020.(See C.N.160.2020.TREATIES- (Dated 10 September 1999) IV.4 of 14 May 2020 for the text of the notification.) Proclamation No. 27 by the President of the Republic, revoking the declaration of state of emergency and LATVIA emergency regulations in the Caprivi region promulgated The Secretary-General received from the Government by Proclamations No. 23 of 2 August 1999 and No. 24 of of Latvia a notification dated 16 March 2020, made under 3 August 1999. article 4 (3) of the above Covenant, regarding the declaration of a state of emergency in the entire territory The Secretary-General received from the Government of Latvia from 13 March 2020 to 14 April 2020 by order of Namibia a notification dated 16 June 2020, made under No. 103 of the Cabinet of Ministers of 12 March 2020. article 4 (3) of the above Covenant, regarding the (See C.N.105.2020.TREATIES-IV.4 of 19 March declaration on 18 March 2020 of a state of emergency 2020 for the text of the notification.) throughout the country for a period of 21 days, which was The Secretary-General received from the Government subsequently approved by the National Assembly for a of Latvia a notification dated 15 April 2020, made under period not exceeding six months. article 4 (3) of the above Covenant, regarding the (See C.N.303.2020.TREATIES-IV.4 of 15 July 2020 extension on 7 April 2020 of the state of emergency in the for the text of the notification.) entire territory of Latvia until 12 May 2020. (See C.N.135.2020.TREATIES-IV.4 of 21 April 2020 for the text of the notification.) NEPAL The Secretary-General received from the Government "..... in view of the serious situation arising out of of Latvia a notification dated 13 May 2020, made under terrorist attacks perpetrated by the Maoists in various article 4 (3) of the above Covenant, regarding the districts, killing several security and civilian personnel extension on 7 May 2020 of the state of emergency in the and attacking the government installations, a state of entire territory of Latvia until 9 June 2020. emergency has been declared in the entire Kingdom (See C.N.171.2020.TREATIES-IV.4 of 21 May 2020 effective from 26 November 2001, in accordance with the for the text of the notification.) Article 115 of the Constitution of the Kingdom of Nepal, 2047 (BS). Accordingly, His Majesty the King, on the recommendation of the Council of Ministers, has The Secretary-General received from the Government suspended the right to freedom of opinion and expression of Latvia a notification dated 9 June 2020, made under (Article 12.2a), freedom to assemble peacefully without article 4 (3) of the above Covenant, regarding the arms (12.2b) and to move throughout the Kingdom termination of the state of emergency in the entire (12.2d). Press and publication right (13.1), right against territory of Latvia with effect on 10 June 2020. preventive detention (Article 15), right to information (See C.N.204.2020.TREATIES-IV.4 of 18 June 2020 (Article 16), right to property (Article 17), right to privacy for the text of the notification.) (Article 22) and right to constitutional remedy (Article 23) have also been suspended. However, the right to the remedy of habeas corpus has not been suspended. The Secretary-General received from the Government The Permanent Representative also would like to of Latvia a notification dated 30 December 2020, made inform the Secretary-General that, while suspending the under article 4 (3) of the above Covenant, regarding the rights and freedoms, His Majesty's Government has fully extension of the state of emergency in the entire territory observed the provision of Article 4, paragraphs 1 and 2 of of Latvia with effect until 7 February 2021. the above mentioned Covenant. Accordingly, the rights (See C.N.579.2020.TREATIES-IV.4 of 8 January and freedoms as contained in Articles 6, 7, 8 (1), 11, 15, 2021 for the text of the notification.) 16 and 18 of the Covenant, which are also guaranteed by The Secretary-General received from the Government the Constitution of the Kingdom of Nepal, remain in of Latvia a notification dated 8 February 2021, made effect." under article 4 (3) of the above Covenant, regarding the "... following the dissolution of the Parliament, which extension of the emergency situation in the entire territory was done in accordance with the relevant provisions of of Latvia on 5 February 2021 until 6 April 2021. the Constitution of the Kingdom of Nepal - 2047, His (See C.N.60.2021.TREATIES-IV.4 of 11 February Majesty's Government of Nepal has decided to hold the 2021 for the text of the notification.) general elections on November 13, 2002 in a free and fair The Secretary-General received from the Government manner. In view of the current security situation in the of Latvia a notification dated 6 April 2021, made under country prompted by the Maoist insurgency, the article 4 (3) of the above Covenant, regarding the Government has also extended the state of emergency by termination of the state of emergency in the entire three more months. The Government, however, is territory of Latvia with effect on 6 April 2021. committed to liftig the emergency as soon as there is an (See C.N.122.2021.TREATIES-IV.4 of 7 April 2021 improvement in the security situation to facilitate free and for the text of the notification.) peaceful general elections. ... in spite of these steps, the Government will stay the course in respect to development programs and socio- NAMIBIA economic reforms." (Dated 5 August 1999) (Dated 19 November 2002) Proclamation No. 23 by the President of the Republic “... With reference to [...] note 0076/2002 dated 22 of Namibia, establishing a state of emergency in the February 2002 and pursuant to clause 3 of Article 4 of the Caprivi region for an initial period of thirty (30) days, International Covenant on Civil and Political Rights 1966, indicating that the measures were prompted by .... [the Government of Nepal] lifted the state of circumstances arisen in this region causing a public emergency in the country, effective from 20 August emergency threatening the life of the nation and the 2002.” constitutional order; "The Permanent Mission of the Kingdom of Nepal to Proclamation No. 24 by the President of the Republic the United Nations presents its compliments to the of Namibia, setting out the emergency regulations to the Secretary-General of the United Nations and, pursuant to Caprivi region. Paragraph 3 of Article 4 of the International Covenant on Civil and Political Rights (1966), has the honour to
IV 4. HUMAN RIGHTS 59 inform him that in view of a grave emergency threatening Kingdom of Nepal, 1990 (2047), revoked the Order of the sovereignty, integrity and security of the Kingdom of State of Emergency proclaimed on 1 Feburary 2005 in Nepal, His Majesty the King has, in accordance with respect to fthe whole of the Kingdom of Nepal. clause (1) of Article 115 (1) of the Constitution of the Kingdom of Nepal, 1990 (2047), issued an order of a State of Emergency in respect of the whole of the PANAMA Kingdom of Nepal on 1 February 2005 with immediate (Dated 11 June 1987) effect. As the situation in the country had reached a point Declaration of the State of emergency throughout the where the survival of multiparty democracy and the territory of the Republic of Panama. The notification nation's sovereignty had been seriously threatened and the specifies that the state of emergency was declared since, people of Nepal had to go through a miserable period of on 9 and 10 June 1987, there were outbreaks of violence, time due to untold sufferings brought about by the rise in clashes between demonstrators and units of defence terrorist activities throughout the country, and as the forces, and incitement to violence by individuals and governments formed during the past few years had not political groups resulting in personal injury and been serious enough about initiating a dialogue with considerable material damage. The measure was taken terrorists, His Majesty as the protector of the Constitution with a view to restoring law and order and safeguarding and the symbol of national unity, had no alternative but to the life, the dignity and the property of Panamanian declare a state of emergency to meet the exigencies in nationals and of foreigners living in Panama. exercise of His State authority and in keeping with the The articles of the Covenant being derogated from are spirit of the Constitution of the Kingdom ofl, 1990 and articles 12, paragraph 1; 17, with regard to the taking into account Article 27 (3) of the Constitution, to inviolability of correspondence; 19 and 21. protect and preserve the sovereignty of the Nation. His Termination of the State of emergency and Majesty the King has also, in accordance with clause (8) reinstatement of all constitutional guarantees as at 30 June of Article 115 of the Constitution, suspended sub-clauses 1987. (a) freedom of thought and expression, (b) freedom to assemble peaceably and without arms, and (d) freedom to move and reside in any part of Nepal, of clause (2) of PARAGUAY Article 12; clause (1) of Article 13 press and publication Through note DM/No. 105/2010, the Ministry of right which provides that no news item, article or any Foreign Affairs of the Republic of Paraguay notified the other reading material shall be censored; and Article 15: Secretary-General that in response to criminal acts that right against private detention; Article 16: right to are causing serious internal disturbances within the information; Article 17: right to property; Article 22: right Republic and which pose an immediate threat to the to privacy; and Article 23: and the right to constitutional proper functioning of constitutional bodies and to the remedy (with the exception of the right to the remedy of lives, liberty, rights and property of the populations habeus corpus) of the Constitution of the Kingdom of concerned, by act No. 3,994/10, a state of emergency was Nepal, 1990 (2047). declared in the Departments of Concepción, San Pedro, The Permanent Mission would further like to inform Amambay, Alto Paraguay and Presidente Hayes for a the Secretary-General that such measures are not period of 30 days as from 24 April 2010. inconsistent with Nepal's other obligations under The Secretary-General received from the Government international law and do not involve discrimination solely of Paraguay a notification dated 15 July 2020, made under on the ground of race, colour, sex, language, religion or article 4 (3) of the above Covenant, regarding the social origin. measures taken by the Paraguayan State in the framework The Permanent Mission would also like to inform the of the declaration of health emergency. Secretary-General that the non-derogable rights as set (See C.N.318.2020.TREATIES-IV.4 of 24 July 2020 forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 for the text of the notification.) and 18 of the International Covenant on Civil and The Secretary-General received from the Government PoliticalRights, which are guaranteed by the Constitution of Paraguay a notification dated 27 July 2020, made under of the Kingdom of Nepal, 1990, have been kept intact." article 4 (3) of the above Covenant, regarding the "…. following the declaration of a State of Emergency measures taken by the Paraguayan State in the framework throughout the Kingdom of Nepal on 1 February 2005, of the declaration of health emergency. [the Government of Nepal] has derogated itself from the (See depositary notification obligations under the articles, mentioned below, of the C.N.348.2020.TREATIES-IV.4 of 18 August 2020 for the International Covenant on Civil and Political Rights text of the notification.) (ICCPR) for a period of the State of Emergency in the country. 1. Derogation from Article 19 of The Secretary-General received from the Government the ICCPR following the suspension of sub-clause (a) of of Paraguay a notification dated 4 September 2020, made Clause 2 of Article 12, Clause (1) of Article 1and Article under article 4 (3) of the above Covenant, regarding the 16 of the Constitution (freedom of opinion and measures taken by the Paraguayan State in the framework expression, right to press and publication and right to of the declaration of health emergency. information respectively). 2. Derogation (See depositary notification from Articles 12.1 and 12.2 of the ICCPR following the C.N.393.2020.TREATIES-IV.4 of 15 September 2020 for suspension of sub-clause (d) of Clause 2 of Article 12 of the text of the notification.) the Constitution (freedom to move and reside in any part The Secretary-General received from the Government of the Kingdom of Nepal). 3. Derogation of Paraguay a notification dated 27 October 2020, made from Article 17 of the ICCPR following the suspension of under article 4 (3) of the above Covenant, regarding the Article 22 of the Constitution (right to privacy). 4. measures taken by the State of Paraguay following the Derogation from Article 2.3 of the ICCPR declaration of health emergency. following the suspension of Article 23 of the Constitution (See depositary notification (right to constitutional remedy except the writ of habeas C.N.512.2020.TREATIES-IV.4 of 4 November 2020 for corpus)." the text of the notification.) On 5 May 2005, the Secretary-General received from The Secretary-General received from the Government the Government of Nepal a notification, dated the same, of Paraguay a notification dated 4 February 2021, made informing him that, as required by Article 4 (3) of the under article 4 (3) of the above Covenant, regarding the International Covenant on Civil and Political Rights, measures taken by the State of Paraguay following the 1966, that His Majesty the King has, in accordance with declaration of health emergency. clause (11) of Article 115 of the Constitution of the
IV 4. HUMAN RIGHTS 60 (See depositary notification ... by Supreme Decree No. 039-2007-PCM issued on C.N.62.2021.TREATIES-IV.4 of 12 February 2021 for 18 April 2007, the state of emergency in the provinces of the text of the notification.) Marañón, Huacaybamba, Leoncio Prado and Huamalíes, department of Huánuco, the province of Tocache, PERU department of San Martín, and the province of Padre [For notifications made by Peru received by the Abad, department of Ucayali, has been extended for a Secretary-General between 22 March 1983 and 12 period of 60 days. A previous extension was December 2006, see note 1 under "Peru" in the "Historical communicated in our note No. 7-1-SG/06 of 20 February Information" section in the front matter of this volume.] 2007. ... by Supreme Decree No. 005-2007-PCM, issued on During the state of emergency, the rights to the 18 January 2007, a state of emergency in the provinces of inviolability of the home, freedom of movement and Huanta and La Mar, department of Ayacucho; the assembly, and liberty and security of person recognized in province of Tayacaja, department of Huancavelica; the article 2, paragraphs 9, 11, 12 and 24 (f) of the Political province of La Convención, department of Cusco; the Constitution of Peru and in articles 17, 12, 21 and 9 of the province of Satipo, Andamarca district of the province of International Covenant on Civil and Political Rights, Concepción, and Santo Domingo de Acobamba district of respectively, are suspended. the province of Huancayo, department of Junín, has been ... by Supreme Decree No. 044-2007-PCM issued on extended for 60 days from 25 January 2007. 24 May 2007, a state of emergency in the provinces of During the state of emergency, the rights to Huanta and La Mar, Department of Ayacucho; the inviolability of the home, freedom of movement, freedom province of Tayacaja, Department of Huancavelica; the of assembly and liberty and security of person, which are province of La Convención, Department of Cusco; and recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of the province of Satipo, the Andamarca and Comas the Political Constitution of Peru and in articles 17, 12, 21 districts of the province of Concepción and the Santo and 9 of the International Covenant on Civil and Political Domingo de Acobamba and Pariahuanca districts of the Rights, respectively, will be suspended. province of Huancayo, Department of Junín has been ... by Supreme Decree No. 011-2007-PCM issued on extended for a period of 60 days as from 25 May 2007. A 15 February 2007 together with a corrigendum, the state previous extension was communicated in Note 7-1- of emergency in the provinces of Marañón, SG/009 of 28 March 2007. Huacaybamba, Leoncio Prado and Huamalíes, department During the state of emergency, the rights to of Huánuco, the province of Tocache, department of San inviolability of the home, liberty of movement, freedom Martín, and the province of Padre Abad, department of of assembly and liberty and security of person, which are Ucayali, has been extended for a period of 60 days. A recognized, respectively, in article 2, paragraphs 9, 11, 12 previous extension was communicated in our note No. 7- and 24 (f), of the Political Constitution of Peru and in 1-SG/044 dated 20 October 2006. articles 17, 12, 21 and 9 of the International Covenant on During the state of emergency, the rights recognized in Civil and Political Rights, are suspended. article 2, paragraphs 9, 11, 12 and 24 (f), of the Political ... by Supreme Decree No. 045-2007-PCM issued on Constitution of Peru are suspended. 25 May 2007, a state of emergency has been declared in ... by Supreme Decree No. 026-2007-PCM, issued on the Santa Anita district of the province of Lima, 22 March 2007, the state of emergency in the provinces of Department of Lima, for a period of seven days. Huanta and La Mar, Department of Ayacucho; the During the state of emergency, the rights to province of Tayacaja, Department of Huancavelica; the inviolability of the home, liberty of movement, freedom province of La Convención, Department of Cusco; and of assembly and liberty and security of person, which are the province of Satipo, the Andamarca district of the recognized, respectively, in article 2, paragraphs 9, 11, 12 province of Concepción and the Santo Domingo de and 24 (f), of the Political Constitution of Peru and in Acobamba district of the province of Huancayo, articles 17, 12, 21 and 9 of the International Covenant on Department of Junín, has been extended for a period of 60 Civil and Political Rights, are suspended. days as from 26 March 2007. ... by Supreme Decree No. 056-2007-PCM issued on 2 During the state of emergency, the rights to July 2007, a state of emergency in the provinces of inviolability of the home, liberty of movement, freedom Marañón, Huacaybamba, Leoncio Prado and Huamalíes, of assembly and liberty and security of person, which are department of Huánuco, the province of Tocache, recognized, respectively, in article 2, paragraphs 9, 11, 12 department of San Martín, and the province of Padre and 24 (f), of the Political Constitution of Peru and in Abad, department of Ucayali, has been extended for a articles 17, 12, 21 and 9 of the International Covenant on period of 60 days. A previous extension was Civil and Political Rights, are suspended. communicated in our note No. 7-1-SG/013 of 24 April ... by Supreme Decree No. 016-2007-PCM, issued on 2007. 2 March 2007, a state of emergency was declared in the During the state of emergency, the rights to the department of Arequipa, province of Islay, district of inviolability of the home, freedom of movement and Cocachacra, for a period of 30 days. assembly, and liberty and security of person recognized in During the state of emergency, the right to article 2, paragraphs 9, 11, 12 and 24 (f) of the Political inviolability of the home, freedom of movement, freedom Constitution of Peru and in articles 17, 12, 21 and 9 of the of assembly and liberty and security of person, International Covenant on Civil and Political Rights, established in article 2, paragraphs 9, 11, 12 and 24 (f) of respectively, are suspended. the Political Constitution of Peru, and in articles 17, 12, ... by Supreme Decree No. 065-2007-PCM, issued on 21 and 9 of the International Covenant on Civil and 21 July 2007, extended the state of emergency in the Political Rights, respectively, shall be suspended. provinces of Huanta and La Mar, Department of ... by Supreme Decree No. 030-2007-PCM, issued on Ayacucho; the province of Tayacaja, Department of 31 March 2007, the state of emergency in the department Huancavelica; the districts of Kimbiri, Pichari and of Arequipa, province of Islay, district of Cocachacra, Vilcabambaof the provinceof La Convención, Department was extended for a period of 30 days from 1 April 2007. of Cusco; and the province of Satipo, the Andamarca and During the state of emergency, the right to Comas districts of the province of Concepción and the inviolability of the home, freedom of movement, freedom Santo Domingo de Acobamba and Pariahuanca districts of assembly and liberty and security of person, of the province of Huancayo, Department of Junín, for a established in article 2, paragraphs 9, 11, 12 and 24 (f), of period of 60 days as from 24 July 2007. A previous the Political Constitution of Peru, and in articles 17, 12, extension was communicated in Note 7-1-SG/017 of 6 21 and 9 of the International Covenant on Civil and June 2007. Political Rights, respectively, shall be suspended.
IV 4. HUMAN RIGHTS 61 During the state of emergency, the rights to province, department of San Martín; and Padre Abad inviolability of the home, liberty of movement, freedom province, department of Ucayali, for a period of 60 days. of assembly and liberty and security of person, which are During the state of emergency, the rights to recognized, respectively, in article 2, paragraphs 9, 11, 12 inviolability of the home, freedom of movement, freedom and 24 (f), of the Political Constitution of Peru and in of assembly and liberty and security of person, which are articles 17, 12, 21 and 9 of the International Covenant on recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of Civil and Political Rights, are suspended. the Political Constitution of Peru and in articles 17, 12, 21 ... by Supreme Decree No. 077-2007-PCM, issued on and 9 of the International Covenant on Civil and Political 30 August 2007, extended the state of emergency in the Rights, respectively, will be suspended. provinces of Marañón, Huacaybamba, Leoncio Prado and ... by Supreme Decree No. 019-2008-PCM, issued on Huamalíes, department of Huánuco, the province of 4 May 2008, the state of emergency in Cholón district of Tocache, department of San Martín, and the province of the Province of Marañón, in Monzón district of the Padre Abad, department of Ucayali, has been extended for Province of Huamalíes and in the Province of Leoncio a period of 60 days as from 31 August 2007. Prado, Department of Huánuco; the Province of Tocache, During the state of emergency, the rights to Department of San Martín; and the Province of Padre inviolability of the home, liberty of movement, freedom Abad, Department of Ucayali, has been extended for a of assembly and liberty and security of person, which are period of 60 days, beginning 6 May 2008. A previous recognized, respectively, in article 2, paragraphs 9, 11, 12 extension was communicated in Note 7-1-SG/09 of 12 and 24 (f), of the Political Constitution of Peru and in March 2008. articles 17, 12 , 21 and 9 of the International Covenant on During the state of emergency, the rights to Civil and Political Rights, are suspended. inviolability of the home, freedom of movement, freedom ... by Supreme Decree No. 099-2007-PCM, issued on of assembly and liberty and security of person, which are 28 December 2007, thestate of emergency in the Districts recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of of San Buenaventura and Cholón, Province of Marañón, the Political Constitution of Peru and in articles 17, 12, 21 in the Province of Leoncio Prado and in the District of and 9 of the International Covenant on Civil and Political Monzón, Province of Huamalíes, Department of Rights, respectively, will be suspended. Huánuco; in the Province of Tocache, Department of San ... by Supreme Decree No. 045-2008-PCM, published Martín; and in the Province of Padre Abad, Department of on 3 July 2008, the state of emergency in the Cholón Ucayali, has been extended for 60 days as from 29 district in Marañón province, the Monzón district in December 2007. Huamalíes province, and Leoncio Prado province, all of During the state of emergency the rights to which are located in the department of Huánuco; Tocache inviolability of the home, freedom of movement, freedom province, department of San Martín; and Padre Abad of assembly and liberty and security of person, recognized province, department of Ucayali, has been extended for in article 2, paragraphs 9, 11, 12 and 24 (f), of the 60 days from 5 July 2008. Political Constitution of Peru and in articles 17, 12, 21 During the state of emergency, the rights to and 9 of the International Covenant on Civil and Political inviolability of the home, freedom of movement, freedom Rights, respectively, shall be suspended. of assembly and liberty and security of person, which are ... by Supreme Decree No. 005-2008-PCM, published recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of on 19 January 2008, the state of emergency in the the Political Constitution of Peru and in articles 17, 12, 21 provinces of Huanta and La Mar, department of and 9 of the International Covenant on Civil and Political Ayacucho, the province of Tayacaja, department of Rights, respectively, are suspended. Huancavelica, the Kimbiri, Pichari and Vilcabamba ... by Supreme Decree No. 046-2008-PCM, issued on districts of the province of La Convención, department of 12 July 2008, the state of emergency in the provinces of Cusco, the province of Satipo, the Andamarca and Comas Huanta and La Mar, department of Ayacucho; the districts of the province of Concepción and the Santo province of Tayacaja, department of Huancavelica; the Domingo de Acobamba and Pariahuanca districts of the Kimbiri, Pichari and Vilcabamba districts of the province of Huancaya, department of Junín, has been province of La Convención, department of Cusco; the extended for sixty days, beginning 20 January 2008. A province of Satipo; the Andamarca and Comas districts of previous extension and declaration were communicated in the province of Concepción; and the Santo Domingo de Note 7-1-SG/009 of 28 March 2007. Acobamba and Pariahuanca districts of the province of During the state of emergency, the rights to Huancayo, department of Junín has been extended for 60 inviolability of the home, freedom of movement, freedom days as from 18 July 2008. of association and liberty and security of the person, During the state of emergency, the right to recognized in article 2, paragraphs 9, 11, 12 and 24(f) of inviolability of the home, freedom of movement, freedom the Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of person, which are and 9 of the International Covenant on Civil and Political recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of Rights, respectively, shallbe suspended. the Political Constitution of Peru and in articles 17, 12, 21 ... by Supreme Decree No. 012-2008-PCM, published and 9 of the International Covenant on Civil and Political on 18 February 2008, a state of emergency has been Rights, respectively, are suspended. declared in the Provinces of Huaura, Huaral and Barranca, ... by Supreme Decree No. 045-2008-PCM, published Department of Lima; in the Provinces of Huarmey, on 3 July 2008, the state of emergency in the Cholón Casma and Santa, Department of Ancash; and in the district in Marañón province, the Monzón district in Province of Virú, Department of La Libertad, for a period Huamalíes province, and Leoncio Prado province, all of of seven days. which are located in the department of Huánuco; Tocache During the state of emergency the rights to province, department of San Martín; and Padre Abad inviolability of the home, freedom of movement, freedom province, department of Ucayali, has been extended for of assembly and liberty and security of person, recognized 60 days from 5 July 2008. in article 2, paragraphs 9, 11, 12 and 24 (f), of the During the state of emergency, the rights to Political Constitution of Peru and in articles 17, 12, 21 inviolability of the home, freedom of movement, freedom and 9 of the International Covenant on Civil and Political of assembly and liberty and security of person, which are Rights, respectively, shall be suspended. recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of ... by Supreme Decree No. 019-2008-PCM, issued on the Political Constitution of Peru and in articles 17, 12, 21 6 March 2008, a state of emergency has been declared in and 9 of the International Covenant on Civil and Political Cholón district of the province of Marañón, in Monzón Rights, respectively, are suspended. district of the province of Huamalíes and in Leoncio ... by Supreme Decree No. 038-2008-PCM, issued on Prado province, department of Huánuco; in Tocache 15 May 2008, the state of emergency in the provinces of
IV 4. HUMAN RIGHTS 62 Huanta and La Mar, department of Ayacucho, the Tacna, Jorge Basadre, Candarave and Tarata, department province of Tayacaja, department of Huancavelica, the of Tacna. Kimbiri, Pichari and Vilcabamba districts of the province During the state of emergency the rights to of La Convención, department of Cusco, the province of inviolability of the home, freedom of movement, freedom Satipo, the Andamarca and Comas districts of the of assembly, and liberty and security of person, which are province of Concepción and the Santo Domingo de recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of Acobamba and Pariahuanca districts of the province of the Political Constitution of Peru and in articles 17, 12, 21 Huancayo, department of Junín, has been extended for and 9 of the International Covenant on Civil and Political sixty days, beginning 19 May 2008. Rights, respectively, shall be suspended. During the state of emergency, the rights to ... by Supreme Decree No. 072-2008-PCM, published inviolability of the home, freedom of movement, freedom on 13 November 2008, the state of emergency has been of association and liberty and security of the person, extended for a period recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of of 60 days, beginning 15 November 2008, in the the Political Constitution of Peru and in articles 17, 12, 21 provinces of Huanta and La Mar, department of and 9 of the International Covenant on Civil and Political Ayacucho; in the province of Tayacaja, department of Rights, respectively, shall be suspended. Huancavelica; in the districts of Kimbiri, Pichari and ... by Supreme Decree No. 058-2008-PCM, issued on Vilcabamba in the province of La Convención, 18 August 2008, a state of emergency was declared in the department of Cusco; in the province of Satipo; in the Provinces of Bagua districts of Andamarca and Comas in the province of and Utcubamba, Department of Amazonas; the Concepción and in the districts of Santo Domingo de Province of Datem del Marañón, Department of Loreto; Acobamba and Pariahuanca in the province of Huancayo, and the Echarate district of the Province of La department of Junín. Convención, Department of Cusco, for a period of thirty During the state of emergency, the rights to days as from 19 August 2008. inviolability of the home, freedom of movement, freedom During the state of emergency, the rights to of assembly and liberty and security of person, which are inviolability of the home, freedom of movement, freedom recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of of assembly and liberty and security of person, recognized the Political Constitution of Peru and in articles 17, 12, 21 in article 2, paragraphs 9, 11, 12 and 24 (f), of the and 9 of the International Covenant on Civil and Political Political Constitution of Peru and in articles 17, 12, 21 Rights, respectively, will be suspended. and 9 of the International Covenant on Civil and Political ... by Supreme Decree No. 072-2008-PCM, published Rights, respectively, shall be suspended. on 13 November 2008, the state of emergency has been ... by Supreme Decree No. 060-2008-PCM, issued on extended for 60 days, 28 August 2008, the state of emergency in the Cholón beginning 15 November 2008, in the provinces of District in Marañón Province, the Monzón District in Huanta and La Mar, department of Ayacucho; in the Huamalíes Province, and Leoncio Prado Province, all of province of Tayacaja, department of Huancavelica; in the which are located in the Department of Huánuco; in districts of Kimbiri, Pichari and Vilcabamba in the Tocache Province, Department of San Martín; and in province of La Convención, department of Cusco; in the Padre Abad Province, Department of Ucayali, has been province of Satipo; in the districts of Andamarca and extended for a period of 60 days from 3 September 2008. Comas in the province of Concepción; and in the districts During the state of emergency, the rights to of Santo Domingo de Acobamba and Pariahuanca in the inviolability of the home, freedom of movement, freedom province of Huancayo, department of Junín. of assembly and liberty and security of person enshrined During the state of emergency, the rights to in article 2, paragraphs 9, 11, 12 and 24 (f), of the inviolability of the home, freedom of movement, freedom Political Constitution of Peru and in articles 17, 12, 21 of assembly and liberty and security of person, which are and 9 of the International Covenant on Civil and Political recognized in article 2, paragraphs 9, 11, 12 and 24(f) of Rights, respectively, will be suspended. the Political Constitutionof Peru and in articles 17, 12, 21 ... by Supreme Decree No. 061-2008-PCM, which was and 9 of the International Covenant on Civil and Political issued on 28 August 2008, Supreme Decree No. 058- Rights, respectively, shall be suspended. 2008-PCM, which established a state of emergency in the ... by Supreme Decree No. 001-2009-PCM, published Provinces of Bagua and Utcubamba in the Department of on 10 January 2009, the state of emergency has been Amazonas; in the Province of Datem del Marañón in the extended for 60 days, Department of Loreto; and in the Echarate District of La with effect from 14 January 2009, in the provinces of Convención Province in the Department of Cusco, has Huanta and La Mar, department of Ayacucho; in the been declared null and void. province of Tayacaja, department of Huancavelica; in the ... by Supreme Decree No. 063-2008-PCM, issued on districts of Kimbiri, Pichari and Vilcabamba in the 12 September 2008, the state of emergency in the province of La Convención, department of Cusco; in the provinces of Huanta and La Mar, department of province of Satipo; and in the districts of Andamarca and Ayacucho; in the province of Tayacaja, department of Comas in the province of Concepción and the districts of Huancavelica; in the Kimbiri, Pichari and Vilcabamba Santo Domingo de Acobamba and Pariahuanca in the districts of the province of La Convención, department of province of Huancayo, department of Junín. Cusco; in the province of Satipo; in the Andamarca and During the state of emergency, the rights to Comas inviolability of the home, freedom of movement, freedom districts of the province of Concepción; and in the of assembly, and liberty and security of person, which are Santo Domingo de Acobamba and Pariahuanca districts recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of of the province of Huancayo, department of Junín, has thePolitical Constitution of Peru and in articles 17, 12, 21 been extended for 60 days, beginning 16 September 2008. and 9 of the International Covenant on Civil and Political During the state of emergency, the rights to Rights, respectively, are suspended. inviolability of the home, freedom of movement, freedom ... by Supreme Decree No. 015-2009-PCM, issued on of assembly, and liberty and security of the person, 12 March 2009, the state of emergency has been extended recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of for 60 days, with effect from 15 March 2009, in the the Political Constitution of Peru and in articles 17, 12, 21 provinces of Huanta and La Mar, department of and 9 of the InternationalCovenant on Civil and Political Ayacucho; in the province of Tayacaja, Rights, respectively, shall be suspended. department of Huancavelica; in the districts of ... by Supreme Decree No. 070-2008-PCM, issued on Kimbiri, Pichari and Vilcabamba in the province of La 4 November 2008, a state of emergency has been Convención, department of Cusco; in the province of declared, as from 5 November 2008, in the provinces of Satipo; and in the districts of Andamarca and Comas in
IV 4. HUMAN RIGHTS 63 the province of Concepción and the districts of Santo ... by Supreme Decree No. 039-2009-PCM, issued on Domingo de Acobamba and Pariahuanca in the province 22 June 2009, the state of emergency declared by of Huancayo, department of Junín. Supreme Decree No. 027- During the state of emergency, the rights to 2009-PCM, and extended by Supreme Decree No. inviolability of the home, liberty of movement, freedom 035-2009-PCM, in all the territorial areas covered by of assembly, and liberty and security of person, which are those legal provisions (the Echarate and Kimbiri districts recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of of the province of La Convención, department of Cusco; the Political Constitution of Peru and in articles 17, 12, 21 the Sepahua district of the province of Atalaya, and 9 of the International Covenant on Civil and Political department of Ucayali; the Napo district of the province Rights, respectively, are suspended. of Maynas, department of Loreto; the Andoas, Pastaza, ... by Supreme Decree No. 013-2009-PCM, issued on Morona and Manseriche districts of the province of 26 February 2009, the state of emergency in the Cholón Datem del Marañón, department of Loreto; and the Imaza district of the province of Marañón, the Monzón district district of the province of Bagua, department of of the province of Huamalíes and the province of Leoncio Amazonas) has been lifted. Prado, department of Huánuco; the It should be noted that the state of emergency in the province of Tocache, department of San Martín; and Kimbiri district of the province of La Convención, the province of Padre Abad, department of Ucayali, has departmentof Cusco, will remain in effect pursuant to been extended for sixty days with effect from 2 March Supreme Decree No. 028-2009-PCM. 2009. During the state of emergency, the right to During the state of emergency, the right to inviolability of the home, freedom of movement, freedom inviolability of the home, freedom of movement, freedom of assembly, and liberty and security of person, of assembly, and liberty and security of person, recognized in article 2, paragraphs 9, 11, 12 and 24(f) of recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Constitution of Peru and in articles 17, 12, 21 the Political Constitution of Peru and in articles 17, 12, 21 and 9 of the International Covenant on Civil and Political and 9 of the International Covenant on Civil and Political Rights, respectively, shall be suspended. Rights, respectively, shall be suspended. ... by Supreme Decree No. 041-2009-PCM, issued on ... by Supreme Decree No. 027-2009-PCM, issued on 26 June 2009, the state of emergency in the Cholón 9 May 2009, a state of emergency was declared in the district of the province of Marañón, the Monzón district Echarate and Kimbiri districts of the province of La of the province of Huamalíes and the province of Leoncio Convención, department of Cuzco; the Sepahua district of Prado, department of Huánuco; the province of Tocache, the province of Atalaya, department of Ucayali; the Napo department of San Martín; and the province of Padre district of the province of Maynas, department of Loreto; Abad, department of Ucayali, has been extended for sixty the Andoas, Pastaza, Morona and Manseriche districts of days with the province of Datem del Marañón, department of effect from 1 July 2009. Loreto; and the Imaza district of the province of Bagua, During the state of emergency, the rights of department of Amazonas, for a period of 60 days, with inviolability of the home, freedom of movement, freedom effect from 10 May 2009. of assembly, and liberty and security of the person During the state of emergency, the right to recognized in article 2, paragraphs 9, 11, 12, and 24 (f) of inviolability of the home, freedom of movement, freedom the Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of person, and 9 of the International Covenant on Civil and Political recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of Rights, respectively, are suspended. the Political Constitution of Peru and in articles 17, 12, 21 ... by Supreme Decree No. 043-2009-PCM, issued on and 9 of the International Covenant on Civil and Political 9 July 2009, a state of emergency has been declared in the Rights, respectively, shall be suspended. department of Ica, the provinces of Cañete and Yauyos of ... by Supreme Decree No. 035-2009-PCM issued on 5 the department of Lima; and the provinces of June 2009, the state of emergency declared under Castrovirreyna, Huaytará and the districts of Supreme Decree No. 027-2009-PCM has been extended Acobambilla and Manta of the province of throughout the department of Amazonas, Datem del Huancavelica, for a period of sixty days. Marañón province of the department of Loreto and Jaén During the state of emergency, the rights of and San Ignacio provinces of the department of inviolability of the home, freedom of movement, freedom Cajamarca. of assembly, and liberty and security of the person During the state of emergency, the right to the recognized in article 2, paragraphs 9, 11, 12, and 24 (f) of inviolability of the home, freedom of movement, freedom the Political Constitution of Peru and in articles 17, 12, 21 of association and liberty and security of person, and 9 of the International Covenant on Civil and Political contained in article 2, paragraphs 9, 11, 12 and 24 (f) of Rights, respectively, are suspended. the Political Constitution of Peru, and in articles 17, 12, ... by Supreme Decree No. 044-2009-PCM, issued on 21 and 9 of the International Covenant on Civil and 9 July 2009, the state of emergency in the provinces of Political Rights, respectively, have been suspended. Huanta and La Mar, department of Ayacucho; the ... by Supreme Decree No. 028-2009-PCM, issued on province of Tayacaja, department of Huancavelica; the 13 May 2009, the state of emergency in the provinces of Kimbiri, Pichari and Vilcabamba districts of the Huanta and La Mar, department of Ayacucho; the province of La Convención, department of Cusco; the province of Tayacaja, department of Huancavelica; the province of Satipo; the Andamarca and Comas districts of Kimbiri, Pichari and Vilcabamba districts of the the province of Concepción and the Santo Domingo de province of La Convención, department of Cusco; the Acobamba and Pariahuanca districts of the province of province of Satipo; the Andamarca and Comas districts of Huancayo, department of Junín, has been extended for 60 the province of Concepción and the Santo Domingo de days, with effect from 13 July 2009. Acobamba and Pariahuanca districts of the province of During the state of emergency, the right to Huancayo, department of Junín, has been extended for 60 inviolability of the home, freedom of movement, freedom days, with effect from 14 May 2009. of assembly, and liberty and security of person, During the state of emergency, the right to recognized in article 2, paragraphs 9, 11, 12 and 24(f) of inviolability of the home, freedom of movement, freedom the Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of person, and 9 of the International Covenant on Civil and Political recognized in article 2, paragraphs 9, 11, 12 and 24(f) of Rights, respectively, shall be suspended. the Political Constitution of Peru and in articles 17, 12, 21 ... by Supreme Decree No. 055-2009-PCM, issued on and 9 of the International Covenant on Civil and Political 3 September 2009, the state of emergency in the Rights, respectively, shall be suspended. provinces of Huanta and La
IV 4. HUMAN RIGHTS 64 Mar, department of Ayacucho; the province of for in article 2, paragraphs 9, 11, 12 and 24 (f), of the Tayacaja, department of Huancavelica; the Kimbiri, Political Constitution of Peru, and in articles 17, 12, 21 Pichari and Vilcabamba districts of the province of La and 9 of the International Covenant on Civil and Political Convención, department of Cusco; the province of Satipo; Rights, respectively, have been suspended. the Andamarca and Comas districts of the province of ... by Supreme Decree No. 042-2010-PCM, issued on Concepción and the Santo Domingo de Acobamba and 31 March 2010 [...], a state of emergency was declared in Pariahuanca districts of the province of Huancayo, the provinces of Nazca, Palpa and San Juan de Marcona, department of Junín, has been department of Ica; the provinces Tambopata and Manú, extended for 60 days, with effect from 11 September department of Madre de Dios; and the provinces of 2009. Carevelí and Camaná, department of Arequipa, for a During the state of emergency, the right to period of 60 days as from 1 April 2010. inviolability of the home, freedom of movement, freedom During the state of emergency, the right to of assembly, and liberty and security of person, inviolability of the home, freedom of movement, freedom recognized in article 2, paragraphs 9, 11, 12 and 24(f) of of assembly, and liberty and security of person, provided the Political Constitution of Peru and in articles 17, 12, 21 for in article 2, paragraphs 9, 11, 12 and 24(f), of the and 9 of the International Covenant on Civil and Political Political Constitution of Peru, and in articles 17, 12, 21 Rights, respectively, shall be suspended. and 9 of the International Covenant on Civil and Political ... by Supreme Decree No. 060-2009-PCM, published Rights, respectively, shall be suspended. on 10 September 2009, a state of emergency has been [...] by Supreme Decree No. 049-2010-PCM, issued declared in the Cholón on 29 April 2010 (copy attached), the state of emergency district of the province of Marañón, the Monzón in the provinces of Huanta and La Mar, department of district of the province of Huamalíes and the province of Ayacucho; the province of Tayacaja, department of Leoncio Prado, all of which are located in the department Huancavelica; the Kimbiri, Pichari and Vilcabamba of Huánuco; the province of Tocache, department of San districts of the province of La Convención, department of Martín; and the province of Padre Abad, department of Cusco; the province of Satipo; the Andamarca and Comas Ucayali, for a period of 60 days with effect from 11 districts of the province of Concepción and the Santo September 2009. Domingo de Acobamba and Pariahuanca districts of the During the state of emergency, the rights to province of Huancayo, department of Junín, has been inviolability of the home, freedom of movement, freedom extended for 60 days, with effect from 9 May 2010. of assembly, and liberty and security of person, which are During the state of emergency, the right to recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of inviolability of the home, freedom of movement, freedom the Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of person, and 9 of the International Covenant on Civil and Political recognized in article 2, paragraphs 9, 11, 12 and 24(f) of Rights, respectively, will be suspended. the Political Constitution of Peru and in articles 17, 12, 21 ... by Supreme Decree No. 068-2009-PCM, issued on and 9 of the International Covenant on Civil and Political 30 October 2009, the state of emergency in the provinces Rights, respectively, will be suspended. of Huanta and La Mar, department of Ayacucho; the [...] province of Tayacaja, department of Huancavelica; the [...] by Supreme Decree No. 057-2010-PCM, issued Kimbiri, Pichari and Vilcabamba districts of the province on 18 May 2010, a state of emergency has been declared of La Convención, department of Cusco; the province of in the constitutional province of Callao for a period of 60 Satipo; the Andamarca and Comas districts of the days, with effect from 19 May 2010. province of Concepción and the Santo Domingo de During the state of emergency, the rights to Acobamba and Pariahuanca districts of the province of inviolability of the home, liberty of movement, freedom Huancayo, department of Junín, has been extended for 60 of assembly and liberty and security of person, recognized days, with effect from 10 November 2009.… in article 2, paragraphs 9, 11, 12 and 24 (f) of the Political During the state of emergency, the right to Constitution of Peru and in articles 17, 12, 21 and 9 of the inviolability of the home, freedom of movement, freedom International Covenant on Civil and Political Rights, of assembly, and liberty and security of person, respectively, shall be suspended. recognized in article 2, paragraphs 9, 11, 12 and 24(f) of the Political Constitution of Peru and in articles 17, 12, 21 [...] by Supreme Decree No. 055-2010-PCM of 15 and 9 of the International Covenant on Civil and Political May 2010, the public order having been disturbed in the Rights, respectively, shall be suspended. provinces of Marañón, Leoncio Prado and Humanalíes, a ... by Supreme Decree No. 070-2009-PCM, published state of emergency has been declared in the Cholón on 5 November 2009, the state of emergency in the district of the province of Marañón, the Monzón district Cholón district of the province of Marañón, the Monzón of the province of Huamalíes and the province of Leoncio district of the province of Huamalíes and the province of Prado, all located in the department of Huánuco; in the Leoncio Prado, all of which are located in the department province of Tocache, department of San Martín; and in of Huánuco; the province of Tocache, department of San the province of Padre Abad, department of Ucayali, for a Martín; and the province of Padre Abad, department of period of 60 days with efect from 16 May 2010. Ucayali, has been extended for 60 days with effect from During the state of emergency, the rights to 10 November 2009. inviolability of the home, liberty of movement, freedom During the state of emergency, the rights to of assembly and liberty and security of person, recognized inviolability of the home, freedom of movement, freedom in article 2, paragraphs 9, 11, 12 and 24 (f) of the Political of assembly, and liberty and security of person, which are Constitution of Peru and in articles 17, 12, 21 and 9 of the recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of International Covenant on Civil and Political Rights, the Political Constitution of Peru and in articles 17, 12, 21 respectively, shall be suspended. and 9 of the International Covenant on Civil and Political [...] by Supreme Decree No. 078-2010-PCM, Rights, respectively, will be suspended. published on 31 July 2010 [...], a state of emergency has ... by Supreme Decree No. 077-2009-PCM, published been declared in the Echarate district of the province of on 1 December 2009, a state of emergency was declared La Convención, department of Cusco, for a period of 60 in the province of days with effect from 1 August 2010. Abancay, department of Apurimac, for a period of 60 During the state of emergency, the rights to days as from 2 November 2009. inviolability of the home, freedom of movement, freedom During the state of emergency, the right to of assembly, and liberty and security of person, which are inviolability of the home, freedom of movement, freedom recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of of assembly, and liberty and security of person, provided the Political Constitution of Peru and in articles 17, 12, 21
IV 4. HUMAN RIGHTS 65 and 9 of the International Covenant on Civil and Political article 2, paragraphs 9, 11, 12 and 24(f) of the Political Rights, respectively, will be suspended. Constitution of Peru, and articles 17, 12, 21 and 9 of the [...] by Supreme Decree No. 087-2010-PCM, issued International Covenant on Civil and Political Rights, on 26 August 2010 [...], the state of emergency in the respectively, shall be suspended. provinces of Huanta and La Mar, department of [...] in reference to Supreme Decree 085-2011-PCM (5 Ayacucho; the province of Tayacaja, department of November 2011), by which a state of emergency was Huancavelica; the Kimbiri, Pichari and Vilcabamba declared in the provinces of Huanta and La Mar, districts of the province of La Concepción, department of department of Ayacucho; in the province of Tayacaja, Cusco; the province of Satipo; the Andamarca and Comas department of Huancavelica; in the districts of Kimbiri, districts of the province of Concepción; and the Santo Pichari and Vilcabamba, province of La Convención, Domingo de Acobamba and Pariahuanca districts of the department of Cusco; in the province of Satipo; in the province of Huancayo, department of Junín, has been districts of Andamarca and Comas, province of extended for 60 days, with effect from 6 September 2010. Concepción; and in the districts of Santo Domingo de During the State of emergency, the right to Acobamba and Pariahuanca, province of Huancayo, inviolability of the home, freedom of movement, freedom department of Junín. That state of emergency was of assembly, and liberty and security of person, extended by Supreme Decree 004-2012-PCM (4 January recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of 2012). the Political Constitution of Peru and in articles 17, 12, 21 In that regard, in accordance with the provisions of and 9 of the International Covenant on Civil and Political article 4 of the International Covenant on Civil and Rights, respectively, will be suspended. Political Rights, the Permanent Mission of Peru to the [...] by Supreme decree No. 091-2010-PCM, issued on United Nations informs the Secretariat of the United 11 September 2010 [...], the state of emergency in the Nations that, by Supreme Decree 022-2012-PCM [...] the Cholón district in Marañón province, the Monzón district state of emergency was extended for 60 days, in effect in Huamalíes province, and Leoncio Prado province, all from 6 March 2012. of which are located in the department of Huánuco; During the state of emergency, the right to Tocache province, department of San Martín; and Padre inviolability of the home, freedom of movement, freedom Abad province departmetn of Ucayali, has been extended of assembly and liberty and security of person, set out in for 60 days, with effect from 12 September 2010. article 2, paragraphs 9, 11, 12 and 24 (f), of the Political During the state of emergency, the right to Constitution of Peru and in articles 17, 12, 21 and 9 of the inviolability of the home, freedom of movement, freedom International Covenant on Civil and Political Rights, of assembly, and liberty and security of person, which are respectively, are suspended. recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of [...] reference is made to Supreme Decree 078-2011- the Political Constitution of Peru and in articles 17, 12, 21 PCM (12 September 2011) by which a state of emergency and 9 of the International Covenant on Civil and Political was declared in the district of Cholón, province of Rights, respectively, will be suspended. Marañón; in the district of Monzón, province of [...] by Supreme Decree No. 091-2010-PCM, issued Humalíes; and in the province of Leoncio Prado, all in the on 11 September 2010 [...], the State of emergency in the department of Huánuco; in the province of Tocache, Cholón district in Marañón province, the Monzón district department of San Martín; and in the province of Padre in Huamalíes province, and Leoncio Prado province, all Abad, department of Ucayali. The above-mentioned state of which are located in the department of Huánuco; of emergency was extended by Supreme Decrees 087- Tocache province, department of San Martín; and Padre 2011-PCM (11 November 2011) and 002-2012-PCM (3 Abad province, department of Ucayali, has been extended January 2012). for 60 days, with effect from 12 September 2010. In that regard, in accordance with the provisions of During the state of emergency, the right to article 4 of the International Covenant on Civil and inviolability of the home, freedom of movement, freedom Political Rights, the Permanent Mission of Peru to the of assembly, and liberty and security of person, which are United Nations informs the Secretariat of the United recognized in article 2, paragraphs 9, 11, 12 and 24 (f) of Nations that, by Supreme Decree 023-2012-PCM, a copy the Political Constitution of Peru and in articles 17, 12, 21 of which is attached to the present note, the and 9 of the International Covenant on Civil and Political aforementioned state of emergency was extended for 60 Rights, respectively, will be suspended. days, in effect from 11 March 2012. [...] by Supreme Decree No. 093-2011-PCM, issued During the state of emergency, the rights of on 4 December 2011, [...], a state of emergency was inviolability of the home, freedom of movement, freedom declared for a period of sixty days, starting on 5 of assembly and liberty and security of person, set out in December 2011, in Cajamarca, Celendín, Hualgayoc and article 2, paragraphs 9, 11, 12 and 24(f), of the Political Contumazá provinces in the administrative department of Constitution of Peru and in articles 17, 12, 21 and 9 of the Cajamarca. International Covenant on Civil and Political Rights, During the state of emergency, the President has respectively, are suspended. suspended the right to inviolability of the home, freedom [...] by Supreme Decree No. 056-2012-PCM, issued of movement, freedom of assembly and liberty and on 28 May 2012, a state of emergency was declared for a security of person, under article 2, paragraphs 9, 11, 12 period of thirty (30) days, in effect from 29 May 2012, in and 24(f) of the Political Constitution of Peru, and articles the province of Espinar, department of Cusco, where the 17, 12, 21 and 9 of the International Covenant on Civil National Police of Peru shall maintain public order. and Political Rights, respectively. During the state of emergency, the right to ... by Supreme Decree No. 096-2011-PCM, issued on inviolability of the home, freedom of movement, freedom 15 December 2011, the state of emergency in the of assembly and liberty and security of person, set out in provinces of Cajamarca, Celendín, Hualgayoc and article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Contumazá in the department of Cajamarca, declared in Constitution of Peru and in articles 17, 12, 21 and 9 of the Supreme Decree No. 093-2011-PCM, has been lifted. International Covenant on Civil and Political Rights, [...] by Supreme Decree No. 043-2012-PCM, issued respectively, are suspended. on 10 April 2012, a state of emergency was declared for a [...] in reference to Supreme Decree 085-2011-PCM (5 period of 60 days, with effect from 11 April 2012, in the November 2011), by which a state of emergency was district of Echarate, province of La Convención, declared in the provinces of Huanta and La Mar, in the department of Cusco. department of Ayacucho; in the province of Tayacaja, During the state of emergency, the right to department of Huancavelica; in the districts of Kimbiri, inviolability of the home, freedom of movement, freedom Pichari and Vilcabamba, province of La Convención, in of assembly and liberty and security of person, under the department of Cusco; in the province of Satipo; in the
IV 4. HUMAN RIGHTS 66 districts of Andamarca and Comas, province of districts of the province of La Convención, department of Concepción; and in the districts of Santo Domingo de Cusco; the province of Satipo, the Andamarca and Comas Acobamba and Pariahuanca province of Huancayo, districts of the province of Concepción, and the Santo department of Junín, the aforementioned state of Domingo de Acobamba and Pariahuanca districts of the emergency was extended by Supreme Decrees 004-2012- province of Huancayo, department of Junín. It should be PCM (4 January 2012) and 022-2012-PCM (6 March pointed out that the aforementioned state of emergency 2012). was extended by Supreme Decrees Nos. 004-2012-PCM In that regard, in accordance with the provisions of (4 January 2012), 022-2012-PCM (6 March 2012) and article 4 of the International Covenant on Civil and 060-2012-PCM (29 May 2012). Political Rights, by Supreme Decree 060-2012-PCM, the state of emergency was extended for 60 days, in effect In this regard, and in compliance with the provisions from 4 June 2012. of article 4 of the International Covenant on Civil and During the state of emergency, the right to Political Rights, by Supreme Decree No. 081-2012-PCM, inviolability of the home, freedom of movement, freedom the aforementioned state of emergency has been extended of assembly and liberty and security of person, set out in for a period of sixty days as from 3 August 2012. article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Constitution of Peru and in articles 17, 12, 21 and 9 of the During the state of emergency, the rights to International Covenant on Civil and Political Rights, inviolability of the home, freedom of movement, freedom respectively, are suspended. of assembly, and liberty and security of person, provided for in article 2, paragraphs 9, 11, 12 and 24 (f) of the [...] by Supreme Decree No. 070-2012-PCM, Political Constitution of Peru and in articles 17, 12, 21 promulgated on 3 July 2012, a state of emergency was and 9 of the International Covenant on Civil and Political declared for thirty (30) days in the provinces of Rights, respectively, are suspended. Cajamarca, Celendín and Hualgayoc in the department of [...] by Supreme Decree No. 061-2012-PCM (29 May Cajamarca, with the National Police of Peru maintaining 2012), a state of emergency was declared in the Echarate public order. district of the province of La Convención, department of During the state of emergency, the right to Cusco. inviolability of the home, freedom of movement, freedom In this regard, and in compliance with the provisions of assembly, and liberty and security of person, provided of article 4 of the International Covenant on Civil and for in article 2, paragraphs 9, 11, 12 and 24(f), of the Political Rights, by Supreme Decree No. 080-2012-PCM, Political Constitution of Peru and in articles 17, 12, 21 the aforementioned state of emergency has been extended and 9 of the International Covenant on Civil and Political for a period of sixty days as from 9 August 2012. Rights, respectively, are suspended. During the state of emergency, the rights to [...] by Supreme Decree No. 078-2011-PCM (12 inviolability of the home, freedom of movement, freedom September 2011) a state of emergency was declared in the of assembly, and liberty and security of person, provided Cholón district of the province of Marañón, the Monzón for in article 2, paragraphs 9, 11, 12 and 24 (f), of the district of the province of Huamalíes and the province of Political Constitution of Peru and in articles 17, 12, 21 Leoncio Prado, all located in the department of Huánuco; and 9 of the International Covenant on Civil and Political the province of Tocache, department of San Martín; and Rights, respectively, are suspended. the province of Padre Abad, department of Ucayali. The [...] by Supreme Decree No. 085-2011-PCM (5 aforementioned state of emergency was extended by November 2011) by which a state of emergency was Supreme Decrees Nos. 087-2011-PCM (11 November declared in the provinces of Huanta and La Mar, 2011), 002-2012-PCM (3 January 2012), 023-2012-PCM department of Ayacucho; the province of Tayacaja, (10 March 2012) and 052-2012-PCM. department of Huancavelica; the Kimbiri, Pichari and By Supreme Decree No. 073-2012-PCM, the Vilcabamba districts of the province of La Convención, aforementioned state of emergency was extended for 60 department of Cusco; the province of Satipo; the days, with effect from 9 July 2012. Andamarca and Comas districts of the province of During the state of emergency, the rights to Concepción; and the Santo Domingo de Acobamba and inviolability of the home, freedom of movement, freedom Pariahuanca districts of the province of Huancayo, of assembly, and liberty and security of person, which are department of Junín. The above-mentioned state of recognized in article 2, paragraphs 9, 11, 12 and 24(f), of emergency was extended by Supreme Decrees 004-2012- the Political Constitution of Peru and in articles 17, 12, 21 PCM (4 January 2012), 022-2012-PCM (6 March 2012), and 9 of the International Covenant on Civil and Political 060-2012-PCM (29 May 2012) and 081-2012-PCM (1 Rights, respectively, are suspended. August 2012). [...] by Supreme Decree No. 070-2012-PCM, In that regard, and in accordance with the provisions promulgated on 3 July 2012, a state of emergency was of article 4 of the International Covenant on Civil and declared for thirty (30) days in the provinces of Political Rights, the Permanent Mission of Peru to the Cajamarca, Celendín and Hualgayoc, department of United Nations hereby informs the Secretariat that, by Cajamarca. Supreme Decree 098-2012-PCM, a copy of which is In this regard, and in compliance with the provisions attached hereto, the aforementioned state of emergency of article 4 of the International Covenant on Civil and has been extended for 60 days, with effect from 2 October Political Rights, by Supreme Decree No. 082-2012-PCM, 2012. the aforementioned state of emergency has been extended During the state of emergency, the rights to for a period of thirty days as from 3 August 2012. inviolability of the home, freedom of movement, freedom During the state of emergency, the rights to of assembly, and liberty and security of person, provided inviolability of the home, freedom of movement, freedom for in article 2, paragraphs 9, 11, 12 and 24(f), of the of assembly, and liberty and security of person, provided Political Constitution of Peru and in articles 17, 12, 21 for in article 2, paragraphs 9, 11, 12 and 24 (f), of the and 9 of the International Covenant on Civil and Political Political Constitution of Peru and in articles 17, 12, 21 Rights, respectively, are suspended. and 9 of the International Covenant on Civil and Political [...] by Supreme Decree No. 061-2012-PCM (29 May Rights, respectively, are suspended. 2012) by which a state of emergency was declared in the [...] by Supreme Decree No. 085-2011-PCM (5 Echarate district of the province of La Convención, November 2011), a state of emergency was declared in department of Cusco. The above-mentioned state of the provinces of Huanta and La Mar, department of emergency was extended by Supreme Decree 080-2012- Ayacucho; the province of Tayacaja, department of PCM (1 August 2012). Huancavelica; the Kimbiri, Pichari and Vilcabamba
IV 4. HUMAN RIGHTS 67 In that regard, and in accordance with the provisions 2012), 073-2012-PCM (7 July 2012), 092-2012-PCM (6 of article 4 of the International Covenant on Civil and September 2012) and 108-2012-PCM (26 October 2012). Political Rights, the Permanent Mission of Peru to the In that regard, in accordance with the provisions of United Nations hereby informs the Secretariat that, by article 4 of the International Covenant on Civil and Supreme Decree 099-2012-PCM, the aforementioned Political Rights, the Permanent Mission of Peru to the state of emergency has been extended for 60 days, with United Nations hereby informs the Secretariat of the effect from 8 October 2012. United Nations that, by Supreme Decree No. 002-2013- During the state of emergency, the rights to PCM,the aforementioned state of emergency was inviolability of the home, freedom of movement, freedom extended for 60 days, with effect from 5 January 2013. of assembly, and liberty and security of person, provided During the state of emergency, the rights to for in article 2, paragraphs 9, 11, 12 and 24(f), of the inviolability of the home, freedom of movement, freedom Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of person, set out in and 9 of the International Covenant on Civil and Political article 2, paragraphs 9, 11, 12, and 24 (f), of the Political Rights, respectively, are suspended. Constitution of Peru and in articles 17, 12, 21 and 9 of the [...] by Supreme Decree 085-2011-PCM (5 November International Covenant on Civil and Political Rights, 2011) by which a state of emergency was declared in the respectively, are suspended. provinces of Huanta and La Mar, department of [...] by Supreme Decree No. 078- 2011-PCM (12 Ayacucho; the province of Tayacaja, department of September 2011) by which a state of emergency was Huancavelica; the Kimbiri, Pichari and Vilcabamba declared in the Cholón district of the province of districts of the province of La Convención, department of Marañón, the Monzón district of the province of Cusco; the province of Satipo; the Andamarca and Comas Huamalies and the province of Leoncio Prado, all located districts of the province of Concepción; and the Santo in the department of Huánuco; the province of Tocache, Domingo de Acobamba and Pariahuanca districts of the department of San Martin; and the province of Padre province of Huancayo, department of Junín. The Abad, department of Ucayali. The above-mentioned state abovementioned state of emergency was extended by of emergency was extended by Supreme Decrees Nos. Supreme Decrees 004-2012-PCM (4 January 2012), 022- 087-2011-PCM (11 November 2011), 002-2012-PCM (3 2012-PCM (6 March 2012), 060-2012-PCM (29 May January 2012), 023-2012-PCM (10 March 2012), 052- 2012), 081-2012-PCM (1 August 2012) and 098-2012- 2012-PCM, 073-2012-PCM (7 July 2012), 092-2012- PCM (27 September 2012). PCM (6 September 2012) and 108-2012-PCM (26 In that regard, and in accordance with the provisions October 2012) and 001-2013-PCM (3 January 2013). of article 4 of the International Covenant on Civil and In that regard, in accordance with the provisions of Political Rights, the Permanent Mission of Peru to the article 4 of the International Covenant on Civil and United Nations hereby informs the Secretariat that, by Political Rights, the Permanent Mission of Peru to the Supreme Decree 115-2012-PCM, the aforementioned United Nations hereby informs the Secretariat of the state of emergency has been extended for 60 days, with United Nations that, by Supreme Decree No. 022-2013- effect from 1 December 2012. PCM, the aforementioned state of emergency was During the state of emergency, the rights to extended for 60 days, with effect from 6 March 2013. inviolability of the home, freedom of movement, freedom During the state of emergency, the rights to of assembly, and liberty and security of person, provided inviolability of the home, freedom of movement, freedom for in article 2, paragraphs 9, 11, 12 and 24(f), of the of assembly, and liberty and security of person, set out in Political Constitution of Peru and in articles 17, 12, 21 article 2, paragraphs 9, 11, 12, and 24 (f), of the Political and 9 of the International Covenant on Civil and Political Constitution of Peru and in articles 17, 12, 21 and 9 of the Rights, respectively, shall be suspended. International Covenant on Civil and Political Rights, [...] by Supreme Decree 061-2012-PCM (29 May respectively, are suspended. 2012) by which a state of emergency was declared in the [...] by Supreme Decree 061-2012-PCM (29 May Echarate district of the province of La Convención, 2012) by which a state of emergency was declared in the department of Cusco. The above-mentioned state of Echarate district of the province of La Convención, emergency was extended by Supreme Decree 080-2012- department of Cusco. The aforementioned state of PCM (1 August 2012) and Supreme Decree 099-2012- emergency was extended by Supreme Decree 080-2012- PCM (27 September 2012). PCM (1 August 2012), Supreme Decree 099-2012-PCM In that regard, and in accordance with the provisions (27 September 2012) and Supreme Decree 116-2012- of article 4 of the International Covenant on Civil and PCM (23 November 2012). Political Rights, the Permanent Mission of Peru to the In that regard, and in accordance with the provisions United Nations hereby informs the Secretariat that, by of article 4 of the International Covenant on Civil and Supreme Decree 116-2012-PCM, the aforementioned Political Rights, the Permanent Mission of Peru to the state of emergency has been extended for 60 days, with United Nations hereby informs the Secretariat that, by effect from 7 December 2012. Supreme Decree 011-2013-PCM, the aforementioned During the state of emergency, the rights to state of emergency has been extended for 60 days, with inviolability of the home, freedom of movement, freedom effect from 5 February 2013. of assembly, and liberty and security of person, provided During the state of emergency, the rights to for in article 2, paragraphs 9, 11, 12 and 24(f), of the inviolability of the home, freedom of movement, freedom Political Constitution of Peru and in articles 17, 12, 21 of assembly, and liberty and security of the person, and 9 of the International Covenant on Civil and Political provided for in article 2, paragraphs 9, 11, 12 and 24 (f), Rights, respectively, shall be suspended. of the Political Constitution of Peru and in articles 17, 12, [...] by Supreme Decree No. 078-2011-PCM (12 21 and 9 of the International Covenant on Civil and September 2011) by which a state of emergency was Political Rights, respectively, shall be suspended. declared in the Cholón district of the province of [...] by Supreme Decree No. 085-2011-PCM, issued Marañón, the Monzón district of the province of on 5 November 2011, by which a state of emergency was Huamalíes and the province of Leoncio Prado, all located declared in the provinces of Huanta and La Mar, in the department of Huánuco; the province of Tocache, department of Ayacucho; the province of Tayacaja, department of San Martín; and the province of Padre department of Huancavelica; the districts of Kimbiri, Abad, department of Ucayali. The above-mentioned state Pichari and Vilcabamba, province of La Convención, of emergency was extended department of Cusco; the province of Satipo; the districts by Supreme Decrees Nos. 087-2011-PCM (11 of Andamarca and Comas, province of Concepción; and November 2011), 002-2012-PCM (3 January 2012), 023- the districts of Santo Domingo de Acobamba and 2012-PCM (10 March 2012), 052-2012-PCM (9 May Pariahuanca, province of Huancayo, department of Junín.
IV 4. HUMAN RIGHTS 68 This state of emergency was extended under Supreme [...] by Supreme Decree No. 078-2011-PCM of 12 Decree 004-2012-PCM, issued on 4 January 2012; September 2011, whereby a state of emergency was Supreme Decree 022-2012-PCM, issued on 6 March declared in the District of Cholón, Province of Marañón; 2012; Supreme Decree 060-2012-PCM, issued on 29 May in the District of Monzón, Province of Huamalíes; and in 2012; Supreme Decree 081-2012-PCM, issued on 1 the Province of Leoncio Prado, all in the Department of August 2012; Supreme Decree 098-2012-PCM, issued on Huánuco; in the Province of Tocache, Department of San 27 September 2012; and Supreme Decree 115-2012- Martín; and in the Province of Padre Abad, Department of PCM, issued on 23 November 2012. Ucayali. It should be noted that this state of emergency In this regard, under article 4 of the International was extended by Supreme Decrees Nos. 087-2011-PCM Covenant on Civil and Political Rights, the Permanent of 11 November 2011, 002-2012-PCM of 3 January 2012, Mission of Peru to the United Nations wishes to note that, 023-2012-PCM of 10 March 2012, 052-2012-PCM, 073- pursuant to Supreme Decree 010-2013-PCM, the state of 2012-PCM of 7 July 2012, 092-2012-PCM of 6 emergency has been extended for 60 days from 30 September 2012, 108-2012-PCM of 26 October 2012, January 2013. 001-2013-PCM of 3 January 2013 and 022-2013-PCM of During the state of emergency, the rights to 1 March 2013. inviolability of the home, freedom of movement, freedom In that regard, in accordance with the provisions of of assembly and freedom and security of person, which article 4 of the International Covenant on Civil and are recognized in article 2, paragraphs 9, 11, 12 and 24 Political Rights, the Permanent Mission of Peru to the (f), of the Political Constitution of Peru and in articles 17, United Nations hereby informs the Secretariat that the 12, 21 and 9 of the International Covenant on Civil and state of emergency has been extended by a further 60 Political Rights, respectively, will be suspended. days, with effect from 5 May 2013, pursuant to Supreme [...] by Supreme Decree 085-2011-PCM (5 November Decree No. 049-2013-PCM. 2011) by which a state of emergency was declared in the The rights to inviolability of the home, freedom of provinces of Huanta and La Mar, department of movement, freedom of assembly and liberty and security Ayacucho; the province of Tayacaja, department of of person, as set out in article 2, paragraphs 9, 11, 12 and Huancavelica; Kimbiri, Pichari and Vilcabamba districts 24(f), of the Political Constitution of Peru and in articles of the province of La Convención, department of Cusco; 17, 12, 21 and 9 of the International Covenant on Civil the province of Satipo; Andamarca and Comas districts of and Political Rights, respectively, will be suspended the province of Concepción, and Santo Domingo de during the state of emergency. Acobamba and Pariahuanca districts of the province of [...] by Supreme Decree 061-2012-PCM (29 May Huancayo, department of Junín. The aforementioned state 2012) by which a state of emergency was declared in the of emergency was extended by Supreme Decree 004- Echarate district of the province of La Convención, 2012PCM (4 January 2012), 022-2012-PCM (6 March department of Cusco. The aforementioned state of 2012), 060-2012-PCM (29 May 2012), Supreme Decree emergency was extended by Supreme Decree 080-2012- 081-2012-PCM (1 August 2012), Supreme Decree 098- PCM (1 August 2012), Supreme Decree 099-2012-PCM 2012-PCM (27 September 2012), Supreme Decree 115- (27 September 2012), Supreme Decree 116-2012-PCM 2012-PCM (23 November 2012) and Supreme Decree (23 November 2012), Supreme Decree 011-2013-PCM 010-2013-PCM (26 January 2013). (26 January 2013) and Supreme Decree 029-2013-PCM In that regard, and in accordance with the provisions (26 March 2013). of article 4 of the International Covenant on Civil and In that regard, and in accordance with the provisions Political Rights, the Permanent Mission of Peru to the of article 4 of the International Covenant on Civil and United Nations hereby informs the Secretariat that, by Political Rights, the Permanent Mission of Peru to the Supreme Decree 028-2013-PCM, the aforementioned United Nations hereby informs the Secretariat that, by state of emergency has been extended for 60 days, with Supreme Decree 059-2013-PCM, the aforementioned effect from 31 March 2013. state of emergency has been extended for 60 days, with During the state of emergency, the rights to effect from 5 June 2013. inviolability of the home, freedom of movement, freedom During the state of emergency, the rights to of assembly, and of liberty and security of the person, inviolability of the home, freedom of movement, freedom provided for in article 2, paragraphs 9, 11, 12 and 24(f), of assembly, and of liberty and security of the person, of the political Constitution of Peru and in articles 17, 12, provided for in article 2, paragraphs 9, 11, 12 and 24(f), 21 and 9 of the International Covenant on Civil and of the Political Constitution of Peru and in articles 17, 12, Political Rights, respectively, shall be suspended. 21 and 9 of the International Covenant on Civil and [...] by Supreme Decree 061-2012-PCM (29 May Political Rights, respectively, shall be suspended. 2012) by which a state of emergency was declared in the [...] by Supreme Decree 085-2011-PCM (5 November Echarate district of the province of La Convención, 2011) by which a state of emergency was declared in the department of Cusco. The aforementioned state of provinces of Huanta and La Mar, department of emergency was extended by Supreme Decree 080-2012- Ayacucho; the province of Tayacaja, department of PCM (1 August 2012), Supreme Decree 099-2012-PCM Huancavelica; Kimbiri, Pichari and Vilcabamba districts (27 September 2012), Supreme Decree 116-2012-PCM of the province of La Convención, department of Cusco; (23 November 2012) and Supreme Decree 011-2013- the province of Satipo; Andamarca and Comas districts of PCM (26 January 2013). the province of Concepción, and Santo Domingo de In that regard, and in accordance with the provisions Acobamba and Pariahuanca districts of the province of of article 4 of the International Covenant on Civil and Huancayo, department of Junín. The aforementioned state Political Rights, the Permanent Mission of Peru to the of emergency was extended by Supreme Decree 004- United Nations hereby informs the Secretariat that, by 2012-PCM (4 January 2012), 022-2012-PCM (6 March Supreme Decree 029-2013-PCM, the aforementioned 2012), 060-2012-PCM (29 May 2012), Supreme Decree state of emergency has been extended for 60 days, with 081-2012-PCM (1 August 2012), Supreme Decree 098- effect from 6 April 2013. 2012-PCM (27 September 2012), Supreme Decree 115- During the state of emergency, the rights to 2012-PCM (23 November 2012), Supreme Decree 010- inviolability of the home, freedom of movement, freedom 2013-PCM (26 January 2013) and Supreme Decree 028- of assembly, and of liberty and security of the person, 2013-PCM (26 March 2013). provided for in article 2, paragraphs 9, 11, 12 and 24(f), In that regard, and in accordance with the provisions of the Political Constitution of Peru and in articles 17, 12, of article 4 of the International Covenant on Civil and 21 and 9 of the International Covenant of Civil and Political Rights, the Permanent Mission of Peru to the Political Rights, respectively, shall be suspended. United Nations hereby informs the Secretariat that, by Supreme Decree 058-2013-PCM, the aforementioned
IV 4. HUMAN RIGHTS 69 state of emergency has been extended for 60 days, with provinces of Huanta and La Mar, department of effect from 30 May 2013. Ayacucho; the province of Tayacaja, department of During the state of emergency, the rights to Huancavelica; the Kimbiri, inviolability of the home, freedom of movement, freedom Pichari and Vilcabamba districts of the province of La of assembly, and of liberty and security of the person, Convención, department of Cusco; the province of Satipo; provided for in article 2, paragraphs 9, 11, 12 and 24(f), the Andamarca and Comas districts of the province of of the political Constitution of Peru and in articles 17, 12, Concepción; and the Santo Domingo de Acobamba and 21 and 9 of the International Covenant on Civil and Pariahuanca districts of the province of Huancayo, Political Rights, respectively, shall be suspended. department of Junín, has been extended for 60 days, with [...] by Supreme Decree No. 085-2013-PCM, issued effect from 27 September 2013. on 28 July 2013, the state of emergency in the provinces The Permanent Mission has duly reported to the of Huanta and La Mar, department of Ayacucho; the Secretariat previous extensions of the state of emergency province of Tayacaja, department of Huancavelica; the in the aforementioned places, the most recent Kimbiri, Pichari and Vilcabamba districts of the province communication being Note 7-1-SG/34 dated 31 July of La Convención, department of Cusco; the province of 2013. Satipo; the Andamarca and Comas districts of the During the state of emergency, the right to liberty and province of Concepción; and the Santo Domingo de security of person, inviolability of the home, freedom of Acobamba and Pariahuanca districts of the province of assembly and freedom of movement within the national Huancayo, department of Junín, has been extended for 60 territory, recognized in article 2, paragraphs 9, 11, 12 and days, with effect from 29 July 2013. 24 (f) of the Political Constitution of Peru and in articles The Permanent Mission has duly reported to the 17, 12, 21 and 9 of the International Covenant on Civil Secretariat previous extensions of the state of emergency and Political Rights, respectively, will be suspended in in the aforementioned places, the most recent order to strengthen peacebuilding in the area and in the communication being Note 7-1-SG/27 dated 29 May country. 2013. [...] by Supreme Decree No. 109-2013-PCM, issued During the state of emergency, the rights relating to on 21 September 2013, the state of emergency in the liberty and security of person, inviolability of the home, Echarate district of the province of La Convención, freedom of assembly and freedom of movement within department of Cusco, has been extended for 60 days, with the territory, recognized in article 2, paragraphs 9, 11, 12 effect from 3 October 2013. and 24 (f), of the Political Constitution of Peru and in The Permanent Mission has duly reported to the articles 17, 12, 21 and 9 of the International Covenant on Secretariat previous extensions of the state of emergency Civil and Political Rights, respectively, will be suspended in the aforementioned place, the most recent in order to strengthen peacebuilding in the area and in the communication being Note 7-1-SG/35 dated 31 July country. 2013. [...] by Supreme Decree No. 086-2013-PCM, issued During the state of emergency, the right to liberty and on 28 July 2013, the state of emergency in the Echarate security of person, inviolability of the home, freedom of district of the province of La Convención, department of assembly and freedom of movement within the national Cusco, has been extended for 60 days, with effect from 4 territory, recognized in article 2, paragraphs 9, 11, 12 and August 2013. 24 (f) of the Political Constitution of Peru and in articles The Permanent Mission has duly reported to the 17, 12, 21 and 9 of the International Covenant on Civil Secretariat previous extensions of the state of emergency and Political Rights, respectively, shall be suspended in in the aforementioned places, the most recent order to strengthen peacebuilding in the area and in the communication being Note 7-1-SG/26 dated 29 May country. 2013. [...] by Supreme Decree No. 121-2013-PCM, issued During the state of emergency, the rights relating to on 26 November 2013, the state of emergency in the liberty and security of person, inviolability of the home, Echarate district of the province of La Convención, freedom of assembly and freedom of movement within department of Cusco, has been extended for 60 days, with the territory, recognized in article 2, paragraphs 9, 11, 12 effect from 2 December 2013. and 24 (f), of the Political Constitution of Peru and in The Permanent Mission has duly reported to the articles 17, 12, 21 and 9 of the International Covenant on Secretariat previous extensions of the state of emergency Civil and Political Rights, respectively, shall be in the aforementioned places, the most recent suspended in order to strengthen peacebuilding in the area communication being Note 7-1-SG/45 dated 10 October and in the country. 2013. [...] by Supreme Decree No. 99-2013-PCM, issued on During the state of emergency, the right to liberty and 30 August 2013, the state of emergency in the districts of security of person, inviolability of the home, freedom of Cholón of the province of Marañón and Monzón of the assembly and freedom of movement within the national province of Huamalíes, and in the province of Leoncio territory, recognized in article 2, paragraphs 9, 11, 12 and Prado, all in the department of Huánuco; in the province 24 (f) of the Political Constitution of Peru and in articles of Tocache, department of San Martín; and in the 17, 12, 21 and 9 of the International Covenant on Civil province of Padre Abad, department of Ucayali, has been and Political Rights, respectively, will be suspended in extended for 60 days, with effect from 1 September 2013. order to strengthen peacebuilding in the area and in the The Permanent Mission has duly reported to the country. Secretariat previous extensions of the state of emergency [...] by Supreme Decree No. 122-2013-PCM, issued in the aforementioned places, the most recent on 26 November 2013, the state of emergency in the communication being Note 7-1-SG/21 dated 9 May 2013. provinces of Huanta and La Mar, department of During the state of emergency, the right to liberty and Ayacucho; the province of Tayacaja, department of security of person, inviolability of the home, freedom of Huancavelica; the Kimbiri, Pichari and Vilcabamba assembly and freedom of movement within the national districts of the province of La Convención, department of territory, recognized in article 2, paragraphs 9, 11, 12 and Cusco; the province of Satipo; the Andamarca and Comas 24 (f) of the Political Constitution of Peru and in articles districts of the province of Concepción; and the Santo 17, 12, 21 and 9 of the International Covenant on Civil Domingo de Acobamba and Pariahuanca districts of the and Political Rights, respectively, shall be suspended in province of Huancayo, department of Junín, has been order to strengthen peacebuilding in the area and in the extended for 60 days, with effect from 26 November country. 2013. [...] by Supreme Decree No. 110-2013-PCM, issued The Permanent Mission has duly reported to the on 21 September 2013, the state of emergency in the Secretariat previous extensions of the state of emergency
IV 4. HUMAN RIGHTS 70 in the aforementioned places, the most recent and Political Rights, respectively, shall be suspended in communication being Note 7-1-SG/44 dated 10 October order to strengthen peacebuilding in the area and in the 2013. country. During the state of emergency, the right to liberty and [...] by Supreme Decree No. 021-2014-PCM, issued security of person, inviolability of the home, freedom of on 26 March 2014, the state of emergency in the Echarate assembly and freedom of movement within the national district of the province of La Convención, department of territory, recognized in article 2, paragraphs 9, 11, 12 and Cusco, has been extended for 60 days, with effect from 1 24 (f) of the Political Constitution of Peru and in articles April 2014. 17, 12, 21 and 9 of the International Covenant on Civil The Permanent Mission has duly reported to the and Political Rights, respectively, are suspended in order Secretariat previous extensions of the state of emergency to strengthen peacebuilding in the area and in the country. in the aforementioned place, the most recent [...] by Supreme Decree No. 007-2014-PCM, issued communication being Note 7-1-SG/7 dated 28 January on 23 January 2014, the state of emergency in the 2013. Echarate district of the province of La Convención, During the state of emergency, the rights relating to department of Cusco, has been extended for 60 days, with liberty and security of person, inviolability of the home, effect from 31 January 2014. freedom of assembly and freedom of movement within The Permanent Mission has duly reported to the the territory, recognized in article 2, paragraphs 9, 11, 12 Secretariat previous extensions of the state of emergency and 24 (f), of the Political Constitution of Peru and in in the aforementioned place, the most recent articles 17, 12, 21 and 9 of the International Covenant on communication being Note 7-1-SG/57 dated 5 December Civil and Political Rights, respectively, will be suspended 2013. in order to strengthen peacebuilding in the area and in the During the state of emergency, the rights relating to country. liberty and security of person, inviolability of the home, [...] by Supreme Decree No. 020-2014-PCM, issued freedom of assembly and freedom of movement within on 25 March 2014, the state of emergency in the the territory, recognized in article 2, paragraphs 9, 11, 12 provinces of Huanta and La Mar, department of and 24 (f), of the Political Constitution of Peru and in Ayacucho; in the province of Tayacaja, department of articles 17, 12, 21 and 9 of the International Covenant on Huancavelica; in the Kimbiri, Pichari and Vilcabamba Civil and Political Rights, resprespectively, will be districts of the province of La Convención, department of suspended in order to strengthen peacebuilding in the area Cusco; in the province of Satipo; in the Andamarca and and in the country. Comas districts of the province of Concepción; and in the [...] by Supreme Decree No. 008-2014-PCM, issued Santo Domingo de Acobamba and Pariahuanca districts on 23 January 2014, the state of emergency in the of the province of Huancayo, department of Junín, has provinces of Huanta and La Mar, department of been extended for 60 days, with effect from 26 March Ayacucho; the province of Tayacaja,department of 2014. Huancavelica; the Kimbiri, Pichari and Vilcabamba The Permanent Mission has duly reported to the districts of the province of La Convención, department of Secretariat previous extensions of the state of emergency Cusco; the province of Satipo; the Andamarca and Comas in the aforementioned places, the most recent districts of the province of Concepción; and the Santo communication being Note 7-1-SG/6 dated 28 January Domingo de Acobamba and Pariahuanca districts of the 2014. province of Huancayo, department of Junín, has been During the state of emergency, the rights relating to extended for 60 days, with effect from 25 January 2014. liberty and security of person, inviolability of the home, The Permanent Mission has duly reported to the freedom of assembly and freedom of movement within Secretariat previous extensions of the state of emergency the territory, recognized in article 2, paragraphs 9, 11, 12 in the aforementioned places, the most recent and 24 (f) of the Political Constitution of Peru and in communication being Note 7-1-SG/56 dated 5 December articles 17, 12, 21 and 9 of the International Covenant on 2013. Civil and Political Rights, respectively, will be suspended During the state of emergency, the rights relating to in order to strengthen peacebuilding in the area and in the liberty and security of person, inviolability of the home, country. freedom of assembly and freedom of movement within [...] by Supreme Decree No. 030-2014-PCM, issued the territory, recognized in article 2, paragraphs 9, 11, 12 on 28 April 2014, the state of emergency in the District of and 24 (f) of the Political Constitution of Peru and in Cholón in the Province of Marañón, the District of articles 17, 12, 21 and 9 of the International Covenant on Monzón in the Province of Huamalíes, and the Province Civil and Political Rights, respectively, will be suspended of Leoncio Prado, Department of Huánuco; in the in order to strengthen peacebuilding in the area and in the Province of Tocache, Department of San Martín; and in country. the Province of Padre Abad, Department of Ucayali, has [...] by Supreme Decrees Nos. 134-2013-PCM and been extended for 60 days, with effect from 29 April 017-2014-PCM, issued on 28 December 2013 and 27 2014. February 2014 respectively, the state of emergency in the The Permanent Mission has duly reported to the district of Cholón of the province of Marañón, in the Secretariat previous extensions of the state of emergency district of Monzón of the province of Huamalíes and in in the aforementioned places, the most recent the province of Leoncio Prado, all in the department of communication being note No. 7-1-SG/15 of 2 April Huánuco; in the province of Tocache, department of San 2014. Martín; and in the province of Padre Abad, department of During the state of emergency, the rights relating to Ucayali, was successively extended for 60 days, with liberty and security of person, inviolability of the home, effect from 30 December 2013 and 27 February 2014. freedom of assembly and freedom of movement within The Permanent Mission has duly reported to the the territory, recognized in article 2, paragraphs 9, 11, 12 Secretariat previous extensions of the state of emergency and 24 (f), of the Political Constitution of Peru and in in the aforementioned places, the most recent articles 17, 12, 21 and 9 of the International Covenant on communication being Note 7-1-SG/46 dated 10 October Civil and Political Rights, respectively, will be suspended 2013. in order to consolidate peace in the area and in the During the state of emergency, the right to liberty and country as a whole. security of person, inviolability of the home, freedom of [...] by Supreme Decree No. 035-2014-PCM, issued assembly and freedom of movement within the national on 15 May 2014, the state of emergency in the Provinces territory, recognized in article 2, paragraphs 9, 11, 12 and of Huanta and La Mar, Department of Ayacucho; in the 24 (f) of the Political Constitution of Peru and in articles Province of Tayacaja, Department of Huancavelica; in the 17, 12, 21 and 9 of the International Covenant on Civil Districts of Kimbiri, Pichari and Vilcabamba in the
IV 4. HUMAN RIGHTS 71 Province of La Convención, Department of Cusco; and in communication being note No. 7-1-SG/27 of 23 June the Province of Satipo, the Districts of Andamarca and 2014. Comas in the Province of Concepción, and the Districts of During the state of emergency, the rights relating to Santo Domingo de Acobamba and Pariahuanca in the liberty and security of person, inviolability of the home, Province of Huancayo, Department of Junín, has been freedom of assembly and freedom of movement within extended for 60 days, with effect from 25 May 2014. the territory, recognized in article 2, paragraphs 9, 11, 12 The Permanent Mission has duly reported to the and 24 (f), of the Political Constitution of Peru and in Secretariat previous extensions of the state of emergency articles 17, 12, 21 and 9 of the International Covenant on in the aforementioned places, the most recent Civil and Political Rights, respectively, will be suspended communication being note No. 7-1-SG/13 of 2 April in order to consolidate peace in the area and in the 2014. country as a whole. During the state of emergency, the rights relating to [...] by Supreme Decree No. 049-2014-PCM, issued liberty and security of person, inviolability of the home, on 24 July 2014, the state of emergency in the District of freedom of assembly and freedom of movement within Echarate in the province of La Convención, Department the territory, recognized in article 2, paragraphs 9, 11, 12 of Cusco, has been extended for 60 days, with effect from and 24 (f), of the Political Constitution of Peru and in 30 July 2014. articles 17, 12, 21 and 9 of the International Covenant on The Permanent Mission has duly reported to the Civil and Political Rights, respectively, will be suspended Secretariat previous extensions of the state of emergency in order to consolidate peace in the area and in the in the aforementioned place, the most recent country as a whole. communication being Note 7-1-SG/25 dated 23 June [...] by Supreme Decree No. 036-2014-PCM, issued 2014. on 15 May 2014, the state of emergency in the District of During the state of emergency, the rights relating to Echarate in the Province of La Convención, Department liberty and security of person, inviolability of the home, of Cusco, has been extended for 60 days, with effect from freedom of assembly and freedom of movement within 31 May 2014. the territory, recognized in article 2, paragraphs 9, 11, 12 The Permanent Mission has duly reported to the and 24 (f), of the Political Constitution of Peru and in Secretariat previous extensions of the state of emergency articles 17, 12, 21 and 9 of the International Covenant on in the aforementioned place, the most recent Civil and Political Rights, respectively, will be suspended communication being note No. 7-1-SG/14 of 2 April in order to consolidate peace in the area and in the 2014. country as a whole. During the state of emergency, the rights relating to [...] by Supreme Decree No. 060-2014-PCM, issued liberty and security of person, inviolability of the home, on 19 September 2014, the state of emergency declared in freedom of assembly and freedom of movement within the District of Echarate in the Province of La Convención, the territory, recognized in article 2, paragraphs 9, 11, 12 Department of Cusco, has been extended for 60 days, and 24 (f), of the Political Constitution of Peru and in with effect from 28 September 2014. articles 17, 12, 21 and 9 of the International Covenant on The Permanent Mission has duly reported to the Civil and Political Rights, respectively, will be suspended Secretariat previous extensions of the state of emergency in order to consolidate peace in the area and in the in the aforementioned place, the most recent country as a whole. communication being Note 7-1-SG/37 of 11 August 2014. [...] by Supreme Decree No. 045-2014-PCM, issued During the state of emergency, the rights relating to on 26 June 2014, the state of emergency in the District of liberty and security of person, inviolability of the home, Cholón in the Province of Marañón, the District of freedom of assembly and freedom of movement within Monzón in the Province of Huamalíes, and the Province the territory, recognized in article 2, paragraphs 9, 11, 12 of Leoncio Prado, Department of Huánuco; in the and 24 (f), of the Political Constitution of Peru and in Province of Tocache, Department of San Martín; and in articles 17, 12, 21 and 9 of the International Covenant on the Province of Padre Abad, Department of Ucayali, has Civil and Political Rights, respectively, will be suspended been extended for 60 days, with effect from 28 June 2014. in order to consolidate peace in the area and in the The Permanent Mission has duly reported to the country as a whole. Secretariat previous extensions of the state of emergency [...] by Supreme Decree No. 059-2014-PCM, issued in the aforementioned places, the most recent on 19 September 2014, the state of emergency declared in communication being note No. 7-1-SG/26 of 23 June the Provinces of Huanta and La Mar, Department of 2014. Ayacucho; the Province of Tayacaja, Department of During the state of emergency, the rights relating to Huancavelica; in the Districts of Kimbiri, Pichari and liberty and security of person, inviolability of the home, Vilcabamba in the Province of La Convención, freedom of assembly and freedom of movement within Department of Cusco; in the Province of Satipo, the the territory, recognized in article 2, paragraphs 9, 11, 12 Districts of Andamarca and Comas in the Province of and 24 (f), of the Political Constitution of Peru and in Concepción, and in the Districts of Santo Domingo de articles 17, 12, 21 and 9 of the International Covenant on Acobamba and Pariahuanca in the Province of Huancayo, Civil and Political Rights, respectively, will be suspended Department of Junín, has been extended for 60 days, with in order to consolidate peace in the area and in the effect from 22 September 2014. country as a whole. The Permanent Mission has duly reported to the [...] by Supreme Decree No. 048-2014-PCM, issued Secretariat previous extensions of the state of emergency on 23 July 2014, the state of emergency in the Provinces in the aforementioned places, the most recent of Huanta and La Mar, Department of Ayacucho; in the communication being note No. 7-1-SG/36 of 11 August Province of Tayacaja, Department of Huancavelica; in the 2014. Districts of Kimbiri, Pichari and Vilcabamba in the During the state of emergency, the rights relating to Province of La Convención, Department of Cusco; and in liberty and security of person, inviolability of the home, the Province of Satipo, the Districts of Andamarca and freedom of assembly and freedom of movement within Comas in the Province of Concepción, and in the Districts the territory, recognized in article 2, paragraphs 9, 11, 12 of Santo Domingo de Acobamba and Pariahuanca in the and 24 (f), of the Political Constitution of Peru and in province of Huancayo, Department of Junín, has been articles 17, 12, 21 and 9 of the International Covenant on extended for 60 days, with effect from 24 July 2014. Civil and Political Rights, respectively, will be suspended The Permanent Mission has duly reported to the in order to consolidate peace in the area and in the Secretariat previous extensions of the state of emergency country as a whole. in the aforementioned places, the most recent [...] by Supreme Decree No. 065-2014-PCM, issued on 24 October 2014, the state of emergency declared in
IV 4. HUMAN RIGHTS 72 the District of Cholón in the Province of Marañón, the the territory, recognized in article 2, paragraphs 9, 11, 12 District of Monzón in the Province of Huamalíes, and the and 24 (f), of the Political Constitution of Peru and in Province of Leoncio Prado, Department of Huánuco; in articles 17, 12, 21 and 9 of the International Covenant on the Province of Tocache, Department of San Martín; and Civil and Political Rights, respectively, will be suspended in the Province of Padre Abad, Department of Ucayali, in order to consolidate peace in the area and in the has been extended for 60 days, with effect from 26 country as a whole. October 2014. [...] by Supreme Decree No. 067-2014-PCM, issued The Permanent Mission has duly reported to the on 20 November 2014, the state of emergency declared in Secretariat previous extensions of the state of emergency the Provinces of Huanta and La Mar, Department of in the forementioned places, the most recent Ayacucho; the Province of Tayacaja, Department of communication being note No. 7-1-SG/38 of 11 August Huancavelica; in the Districts of Kimbiri, Pichari and 2014. Vilcabamba in the Province of La Convención, During the state of emergency, the rights relating to Department of Cusco; in the Province of Satipo, the liberty and security of person, inviolability of the home, Districts of Andamarca and Comas in the Province of freedom of assembly and freedom of movement within Concepción, and in the Districts of Santo Domingo de the territory, recognized in article 2, paragraphs 9, 11, 12 Acobamba and Pariahuanca in the Province of Huancayo, and 24 (f), of the Political Constitution of Peru and in Department of Junín, has been extended for 60 days, with articles 17, 12, 21 and 9 of the International Covenant on effect from 21 November 2014. Civil and Political Rights, respectively, will be suspended The Permanent Mission has duly reported to the in order to consolidate peace in the area and in the Secretariat previous extensions of the state of emergency country as a whole. in the aforementioned places, the most recent [...] by Supreme Decree No. 004-2015-PCM, issued communication being note No. 7-1-SG/48 of 28 on 22 January 2015, the state of emergency declared in November 2014. the District of Echarate in the Province of La Convención, During the state of emergency, the rights relating to Department of Cusco, has been extended for 60 days, liberty and security of person, inviolability of the home, with effect from 26 January 2015. freedom of assembly and freedom of movement within The Permanent Mission has duly reported to the the territory, recognized in article 2, paragraphs 9, 11, 12 Secretariat previous extensions of the state of emergency and 24 (f), of the Political Constitution of Peru and in in the aforementioned place, the most recent articles 17, 12, 21 and 9 of the International Covenant on communication being Note 7-1-SG/010 of 13 February Civil and Political Rights, respectively, will be suspended 2015. in order to consolidate peace in the area and in the During the state of emergency, the rights relating to country as a whole. liberty and security of person, inviolability of the home, [...] by Supreme Decree No. 002-2015-PCM, issued freedom of assembly and freedom of movement within on 16 January 2015, the state of emergency declared in the territory, recognized in article 2, paragraphs 9, 11, 12 the Districts of Ramón Castilla and Yavarí in the Province and 24 (f), of the Political Constitution of Peru and in of Mariscal Ramón Castilla, Department of Loreto, has articles 17, 12, 21 and 9 of the International Covenant on been extended for 60 days, with effect from 19 January Civil and Political Rights, respectively, will be suspended 2015. in order to consolidate peace in the area and in the During the state of emergency, the rights relating to country as a whole. liberty and security of person, inviolability of the home, [...] by Supreme Decree No. 075-2014-PCM, issued freedom of assembly and freedom of movement within on 24 December 2014, the state of emergency declared in the territory, recognized in article 2, paragraphs 9, 11, 12 the District of Cholón in the Province of Marañón, the and 24 (f) of the Political Constitution of Peru and in District of Monzón in the Province of Huamalíes, and the articles 17, 12, 21 and 9 of the International Covenant on Province of Leoncio Prado, Department of Huánuco; in Civil and Political Rights, respectively, will be suspended the Province of Tocache, Department of San Martín; and in order to consolidate peace in the area and in the in the Province of Padre Abad, Department of Ucayali, country as a whole. has been extended for 60 days, with effect from 25 [...] by Supreme Decree No. 069-2014-PCM, issued December 2014. on 20 November 2014, a state of emergency was declared The Permanent Mission has duly reported to the in the Districts of Ramón Castilla and Yavarí in the Secretariat previous extensions of the state of emergency Province of Mariscal Ramón Castilla, Department of in the aforementioned places, the most recent Loreto, for 60 days as from that date. communication being note No. 7-1-SG/50 of 27 During the state of emergency, the rights relating to November 2014. liberty and security of person, inviolability of the home, During the state of emergency, the rights relating to freedom of assembly and freedom of movement within liberty and security of person, inviolability of the home, the territory, recognized in article 2, paragraphs 9, 11, 12 freedom of assembly and freedom of movement within and 24 (f) of the Political Constitution of Peru and in the territory, recognized in article 2, paragraphs 9, 11, 12 articles 17, 12, 21 and 9 of the International Covenant on and 24 (f), of the Political Constitution of Peru and in Civil and Political Rights, respectively, will be suspended articles 17, 12, 21 and 9 of the International Covenant on in order to consolidate peace in the area and in the Civil and Political Rights, respectively, will be suspended country as a whole. in order to consolidate peace in the area and in the [...] by Supreme Decree No. 057-2014-PCM, issued country as a whole. on 11 September 2014, a state of emergency was declared [...] by Supreme Decree No. 068-2014-PCM, issued in the Districts of Ramón Castilla and Yavarí in the on 20 November 2014, the state of emergency declared in Province of Mariscal Ramón Castilla, Department of the District of Echarate in the Province of La Convención, Loreto, for 60 days as from that date. Department of Cusco, has been extended for 60 days, During the state of emergency, the rights relating to with effect from 27 November 2014. liberty and security of person, inviolability of the home, The Permanent Mission has duly reported to the freedom of assembly and freedom of movement within Secretariat previous extensions of the state of emergency the territory, recognized in article 2, paragraphs 9, 11, 12 in the aforementioned place, the most recent and 24 (f), of the Political Constitution of Peru and in communication being Note 7-1-SG/49 of 27 November articles 17, 12, 21 and 9 of the International Covenant on 2014. Civil and Political Rights, respectively, will be suspended During the state of emergency, the rights relating to in order to consolidate peace in the area and in the liberty and security of person, inviolability of the home, country as a whole. freedom of assembly and freedom of movement within
IV 4. HUMAN RIGHTS 73 [...] by Supreme Decree No. 015-2015-PCM, issued Monzón in the Province of Huamalíes, and the Province on 20 March 2015, a state of emergency was declared in of Leoncio Prado, Department of Huánuco; in the the Districts of Ramón Castilla and Yavarí in the Province Province of Tocache, Department of San Martín; and in of Mariscal Ramón Castilla, Department of Loreto, for 60 the Province of Padre Abad, Department of Ucayali, was days, with effect from 20 March 2015. extended for 60 days, with effect from 23 February 2015. During the state of emergency, the rights relating to The Permanent Mission has duly reported to the liberty and security of person, inviolability of the home, Secretariat previous extensions of the state of emergency freedom of assembly and freedom of movement within in the aforementioned places, the most recent the territory, recognized in article 2, paragraphs 9, 11, 12 communication being note No. 7-1-SG/09 of 13 February and 24 (f) of the Political Constitution of Peru and in 2015. articles 17, 12, 21 and 9 of the International Covenant on During the state of emergency, the rights relating to Civil and Political Rights, respectively, will be suspended liberty and security of person, inviolability of the home, in order to consolidate peace in the area and in the freedom of assembly and freedom of movement within country as a whole. the territory, recognized in article 2, paragraphs 9, 11, 12 [...] by Supreme Decree No. 040-2015-PCM, issued and 24 (f), of the Political Constitution of Peru and in on 22 May 2015, a state of emergency was declared in the articles 17, 12, 21 and 9 of the International Covenant on Districts of Matarani, Mollendo, Mejía, Punta de Civil and Political Rights, respectively, will be suspended Bombón, Dean Valdivia, La Curva, El Arenal, in order to consolidate peace in the area and in the Cocachacra and Valle del Tambo in the Province of Islay, country as a whole. Department of Arequipa, for 60 days, with effect from 22 [..] by Supreme Decree No. 041-2015-PCM, issued on May 2015. 26 May 2015, the state of emergency declared in the During the state of emergency, the rights relating to District of Echarate in the Province of La Convención, liberty and security of person, inviolability of the home, Department of Cusco, has been extended for 60 days, freedom of assembly and freedom of movement within with effect from 26 May 2015. the territory, recognized in article 2, paragraphs 9, 11, 12 The Permanent Mission has duly reported to the and 24 (f) of the Political Constitution of Peru and in Secretariat previous extensions of the state of emergency articles 17, 12, 21 and 9 of the International Covenant on in the aforementioned places, the most recent Civil and Political Rights, respectively, will be suspended communication being note No. 7-1-SG/032 of 6 July in order to consolidate peace in the area and in the 2015. country as a whole. During the state of emergency, the rights relating to [..] by Supreme Decree No. 031-2015-PCM, issued on liberty and security of person, inviolability of the home, 23 April 2015, the state of emergency in the District of freedom of assembly and freedom of movement within Cholón in the Province of Marañón, the District of the territory, recognized in article 2, paragraphs 9, 11, 12 Monzón in the Province of Huamalíes, and the Province and 24 (f), of the Political Constitution of Peru and in of Leoncio Prado, Department of Huánuco; in the articles 17, 12, 21 and 9 of the International Covenant on Province of Tocache, Department of San Martín; and in Civil and Political Rights, respectively, will be suspended the Province of Padre Abad, Department of Ucayali, was in order to consolidate peace in the area and in the extended for 60 days, with effect from 24 April 2015. country as a whole. The Permanent Mission has duly reported to the [..] by Supreme Decree No. 018-2015-PCM, issued on Secretariat previous extensions of the state of emergency 25 March, the state of emergency declared in the District in the forementioned places, the most recent of Echarate in the Province of La Convención, communication being note No. 7-1-SG/030 of 6 July Department of Cusco, was extended for sixty (60) days, 2015. with effect from 27 March 2015. During the state of emergency, the rights relating to The Permanent Mission has duly reported to the liberty and security of person, inviolability of the home, Secretariat previous extensions of the state of emergency freedom of assembly and freedom of movement within in the aforementioned place, the most recent the territory, recognized in article 2, paragraphs 9, 11, 12 communication being note No. 7-1-SG/014 of 18 and 24 (f), of the Political Constitution of Peru and in February 2015. articles 17, 12, 21 and 9 of the International Covenant on During the state of emergency, the rights relating to Civil and Political Rights, respectively, will be suspended liberty and security of person, inviolability of the home, in order to consolidate peace in the area and in the freedom of assembly and freedom of movement within country as a whole. the territory, recognized in article 2, paragraphs 9, 11, 12 [...] by Supreme Decree No. 016-2015-PCM, issued and 24 (f) of the Political Constitution of Peru and in on 20 March 2015, a state of emergency was declared in articles 17, 12, 21 and 9 of the International Covenant on the Provinces of Huanta and La Mar, Department of Civil and Political Rights, respectively, will be suspended Ayacucho; in the Province of Tayacaja, Department of in order to consolidate peace in the area and in the Huancavelica; in the Districts of Kimbiri, Pichari, country as a whole. Vilcabamba, Inkawasi and Villa Virgen in the Province of [...] by Supreme Decree No. 035-2015-PCM, issued La Convención, Department of Cusco; in the Province of on 15 May 2015, the state of emergency declared in the Satipo, the Districts of Andamarca and Comas in the Provinces of Huanta and La Mar, Department of Province of Concepción, and in the Districts of Santo Ayacucho; in the Province of Tayacaja, Department of Domingo de Acobamba and Pariahuanca, in the Province Huancavelica; in the Districts of Kimbiri, Pichari, of Huancayo, Department of Junín for 60 days, with Vilcabamba, Inkawasi and Villa Virgen in the Province of effect from 21 March 2015. La Convención, Department of Cusco; in the Province of During the state of emergency, the rights relating to Satipo, the Districts of Andamarca and Comas in the liberty and security of person, inviolability of the home, Province of Concepción, and in the Districts of Santo freedom of assembly and freedom of movement within Domingo de Acobamba and Pariahuanca in the Province the territory, recognized in article 2, paragraphs 9, 11, 12 of Huancayo, Department of Junín, has been extended for and 24 (f), of the Political Constitution of Peru and in 60 days, with effect from 20 May 2015. articles 17, 12, 21 and 9 of the International Covenant on The Permanent Mission has duly reported to the Civil and Political Rights, respectively, will be suspended Secretariat previous declarations of the state of in order to consolidate peace in the area and in the emergency in the aforementioned places, the most recent country as a whole. communication being note No. 7-1-SG/041 of 4 August [..] by Supreme Decree No. 009-2015-PCM, issued on 2015. 20 February 2015, the state of emergency in the District During the state of emergency, the rights relating to of Cholón in the Province of Marañón, the District of liberty and security of person, inviolability of the home,
IV 4. HUMAN RIGHTS 74 freedom of assembly and freedom of movement within communication being note No. 7-1-SG/45 of 5 August the territory, recognized in article 2, paragraphs 9, 11, 12 2015. and 24 (f), of the Political Constitution of Peru and in During the state of emergency, the rights relating to articles 17, 12, 21 and 9 of the International Covenant on liberty and security of person, inviolability of the home, Civil and Political Rights, respectively, will be suspended freedom of assembly and freedom of movement within in order to consolidate peace in the area and in the the territory, recognized in article 2, paragraphs 9, 11, 12 country as a whole. and 24 (f) of the Political Constitution of Peru and in [...] by Supreme Decree No. 036-2015-PCM, issued articles 17, 12, 21 and 9 of the International Covenant on on 16 May 2015, the state of emergency declared in the Civil and Political Rights, respectively, are suspended in Districts of Ramón Castilla and Yavarí in the Province of order to consolidate peace in the area and in the country Mariscal Ramón Castilla, Department of Loreto, has been as a whole. extended for 60 days, with effect from 20 May 2015. [...] by Supreme Decree No. 049-2015-PCM, issued The Permanent Mission has duly reported to the on 16 July 2015, the state of emergency declared in the Secretariat previous declarations of the state of District of Echarate in the Province of La Convención, emergency in the aforementioned places, the most recent Department of Cusco, was extended for 60 days, with communication being note No. 7-1-SG/040 of 4 August effect from 25 July 2015. 2015. The Permanent Mission has duly reported to the During the state of emergency, the rights relating to Secretariat previous extensions of the state of emergency liberty and security of person, inviolability of the home, in the aforementioned places, the most recent freedom of assembly and freedom of movement within communication being note No. 7-1-SG/36 of 7 July 2015. the territory, recognized in article 2, paragraphs 9, 11, 12 During the state of emergency, the rights relating to and 24 (f), of the Political Constitution of Peru and in liberty and security of person, inviolability of the home, articles 17, 12, 21 and 9 of the International Covenant on freedom of assembly and freedom of movement within Civil and Political Rights, respectively, will be suspended the territory, recognized in article 2, paragraphs 9, 11, 12 in order to consolidate peace in the area and in the and 24 (f) of the Political Constitution of Peru and in country as a whole. articles 17, 12, 21 and 9 of the International Covenant on [...] by Supreme Decree No. 068-2015-PCM, issued Civil and Political Rights, respectively, are suspended in on 28 September 2015, the state of emergency is declared order to consolidate peace in the area and in the country in the provinces of Cotabambas, Grau, Andahuaylas and as a whole. Chincheros, Department of Apurímac, and the provinces [...] by Supreme Decree No. 062-2015-PCM, issued of Chumbivilcas and Espinar, Department of Cusco, for a on 12 September 2015, the state of emergency declared in period of thirty (30) calendar days. The National Police of the Provinces of Huanta and La Mar, Department of Peru shall maintain public order with the support of the Ayacucho; in the Province of Tayacaja, Department of armed forces. During the state of emergency and in the Huancavelica; in the Districts of Kimbiri, Pichari, locations referred to in the preceding article, the Vilcabamba, Inkawasi and Villa Virgen in the Province of constitutional rights relating to liberty and security of La Convención, Department of Cusco; and in the person, inviolability of the home, and freedom of Province of Satipo, the Districts of Andamarca and assembly and movement within the territory, recognized Comas in the Province of Concepción, and the Districts of in article 2, paragraphs 9, 11, 12 and 24 (f), of the Santo Domingo de Acobamba and Pariahuanca in the Political Constitution of Peru and to articles 17, 12, 21 Province of Huancayo, Department of Junín, has been and 9 of the Covenant, shall be suspended. extended for 60 days, with effect from 17 September [...] by Supreme Decree No. 047-2015-PCM, issued 2015. on 16 July 2015, the state of emergency declared in the The Permanent Mission has duly reported to the Provinces of Huanta and La Mar, Department of Secretariat previous extensions of the state of emergency Ayacucho; the Province of Tayacaja, Department of in the aforementioned places, the most recent Huancavelica; in the Districts of Kimbiri, Pichari, communication being note No. 7-1-SG/54 of 5 November Vilcabamba, Inkawasi and Villa Virgen in the Province of 2015. La Convención, Department of Cusco; in the Province of During the state of emergency, the rights relating to Satipo; and in the Districts of Andamarca and Comas in liberty and security of person, inviolability of the home, the Province of Concepción, and in the Districts of Santo freedom of assembly and freedom of movement within Domingo de Acobamba and Pariahuanca in the Province the territory, recognized in article 2, paragraphs 9, 11, 12 of Huancayo, Department of Junín, has been extended for and 24 (f), of the Political Constitution of Peru and in 60 days, with effect from 19 July 2015. articles 17, 12, 21 and 9 of the International Covenant on The Permanent Mission has duly reported to the Civil and Political Rights, are suspended. Secretariat previous extensions of the state of emergency [...] by Supreme Decree No. 063-2015-PCM, issued in the aforementioned places, the most recent on 12 September 2015, the state of emergency declared in communication being note No. 7-1-SG/44 of 5 August the District of Echarate in the Province of La Convención, 2015. Department of Cusco, has been extended for 60 days, During the state of emergency, the rights relating to with effect from 23 September 2015. liberty and security of person, inviolability of the home, The Permanent Mission has duly reported to the freedom of assembly and freedom of movement within Secretariat previous extensions of the state of emergency the territory, recognized in article 2, paragraphs 9, 11, 12 in the aforementioned places, the most recent and 24 (f) of the Political Constitution of Peru, and in communication being note No. 7-1-SG/56 of 6 November articles 17, 12, 21 and 9 of the International Covenant on 2015. Civil and Political Rights, respectively, are suspended in During the state of emergency, the rights relating to order to consolidate peace in the area and in the country liberty and security of person, inviolability of the home, as a whole. freedom of assembly and freedom of movement within [...] by Supreme Decree No. 046-2015-PCM, issued the territory, recognized in article 2, paragraphs 9, 11, 12 on 16 July 2015, the state of emergency declared in the and 24 (f), of the Political Constitution of Peru and in Districts of Ramón Castilla and Yavarí in the Province of articles 17, 12, 21 and 9 of the International Covenant on Mariscal Ramón Castilla, Department of Loreto, was Civil and Political Rights, are suspended. extended for 60 days, with effect from 19 July 2015. {...} by Supreme Decree No. 077-2015-PCM, issued The Permanent Mission has duly reported to the on 12 November 2015, the state of emergency declared in Secretariat previous extensions of the state of emergency the Districts of Ramón Castilla and Yavarí in the Province in the aforementioned places, the most recent of Mariscal Ramón Castilla, Department of Loreto, has
IV 4. HUMAN RIGHTS 75 been extended for 60 days, with effect from 16 November communication being note No. 7-1-SG/55 of 6 November 2015. 2015. The Permanent Mission has duly reported to the During the state of emergency, the rights relating to Secretariat previous extensions of the state of emergency liberty and security of person, inviolability of the home, in the aforementioned places, the most recent freedom of assembly and freedom of movement within communication being note No. 7-1-SG/62 of 11 the territory, recognized in article 2, paragraphs 9, 11, 12 December 2015. and 24 (f), of the Political Constitution of Peru and in During the state of emergency, the rights relating to articles 17, 12, 21 and 9 of the International Covenant on liberty and security of person, inviolability of the home, Civil and Political Rights, are suspended. freedom of assembly and freedom of movement within [...] by Supreme Decree No. 004-2016-PCM issued on the territory, recognized in article 2, paragraphs 9, 11, 12 16 January 2016, the state of emergency declared in the and 24 (f), of the Political Constitution of Peru and in Constitutional Province of Callao has been extended for articles 17, 12, 21 and 9 of the International Covenant on 45 days, with effect from 18 January 2016. Civil and Political Rights, are suspended. It should be recalled that the Permanent Mission has [...] by Supreme Decree No. 078-2015-PCM, issued duly reported to the Secretariat the declaration of a state on 12 November 2015, the state of emergency declared in of emergency in the aforementioned locality though note the Provinces of Huanta and La Mar, Department of No. 7-1-SG/67 dated 11 December 2015. Ayacucho; in the Province of Tayacaja, Department of During the state of emergency, the rights relating to Huancavelica; in the Districts of Kimbiri, Pichari, liberty and security of person and the inviolability of the Vilcabamba, Inkawasi and Villa Virgen in the Province of home, recognized in article 2, paragraphs 9 and 24 (f), of La Convención, Department of Cusco; and in the the Political Constitution of Peru and in articles 17 and 9 Province of Satipo, the Districts of Andamarca and of the International Covenant on Civil and Political Comas in the Province of Concepción, and the Districts of Rights, respectively, are suspended in order to consolidate Santo Domingo de Acobamba and Pariahuanca in the peace in the area and in the country. Province of Huancayo, Department of Junín, has been (See C.N.116.2016.TREATIES-IV.4 of 7 April 2016 extended for 60 days, with effect from 16 November for the text of the above-mentioned notification.) 2015. [...] by Supreme Decree No. 003-2016-PCM, issued The Permanent Mission has duly reported to the on 15 January 2016, the state of emergency declared in Secretariat previous extensions of the state of emergency the District of Echarate in the Province of La Convención, in the aforementioned places, the most recent Department of Cusco, has been extended for 60 days, communication being note No. 7-1-SG/63 of 11 with effect from 21 January 2016. December 2015. It should be recalled that the Permanent Mission has During the state of emergency, the rights relating to duly reported to the Secretariat previous extensions of the liberty and security of person, inviolability of the home, state of emergency in the aforementioned place, the most freedom of assembly and freedom of movement within recent communication being note No. 7-1-SG/64 of 11 the territory, recognized in article 2, paragraphs 9, 11, 12 December 2015. and 24 (f), of the Political Constitution of Peru and in During the state of emergency, the rights relating to articles 17, 12, 21 and 9 of the International Covenant on liberty and security of person, inviolability of the home, Civil and Political Rights, are suspended. freedom of assembly and freedom of movement within [...] by Supreme Decree No. 079-2015-PCM, issued the territory, recognized in article 2, paragraphs 9, 11, 12 on 12 November 2015, the state of emergency declared in and 24 (f), of the Political Constitution of Peru and in the District of Echarate in the Province of La Convención, articles 17, 12, 21 and 9 of the International Covenant on Department of Cusco, has been extended for 60 days, Civil and Political Rights, respectively, are suspended in with effect from 22 November 2015. order to consolidate peace in the area and in the country. The Permanent Mission has duly reported to the (See C.N.117.2016.TREATIES-IV.4 of 7 April 2016 Secretariat previous extensions of the state of emergency for the text of the above-mentioned notification.) in the aforementioned places, the most recent [...] by Supreme Decree No. 013-2016-PCM issued on communication being note No. 7-1-SG/61 of 11 2 March 2016, the state of emergency declared in the December 2015. Constitutional Province of Callao has been extended for During the state of emergency, the rights relating to 45 days, with effect from 3 March 2016. liberty and security of person, inviolability of the home, It should be recalled that the Permanent Mission has freedom of assembly and freedom of movement within duly reported to the Secretariat the extension of the state the territory, recognized in article 2, paragraphs 9, 11, 12 of emergency in the aforementioned locality though note and 24 (f), of the Political Constitution of Peru and in No. 7-1-SG/15 dated 16 March 2016. articles 17, 12, 21 and 9 of the International Covenant on During the state of emergency, the rights relating to Civil and Political Rights, are suspended. liberty and security of person and the inviolability of the [...] by Supreme Decree No. 083-2015-PCM, issued home, recognized in article 2, paragraphs 9 and 24 (f), of on 4 December 2015, a state of emergency has been the Political Constitution of Peru and in articles 17 and 9 declared for 45 days in the Constitutional Province of of the International Covenant on Civil and Political Callao, with effect from 4 December 2015. Rights, respectively, are suspended in order to consolidate During the state of emergency, the rights relating to peace in the area and in the country. liberty and security of person and inviolability of the (See C.N.118.2016.TREATIES-IV.4 of 7 April 2016 home, recognized in article 2, paragraphs 9 and 24 (f), of for the text of the above-mentioned notification.) the Political Constitution of Peru and in articles 17 and 9 [...] by Supreme Decree No. 024-2016-PCM issued on of the International Covenant on Civil and Political 15 April 2016, the state of emergency declared in the Rights, are suspended. Constitutional Province of Callao has been extended for [...] by Supreme Decree No. 061-2015-PCM, issued 45 days, with effect from 17 April 2016. on 12 September 2015, the state of emergency declared in It should be recalled that the Permanent Mission has the Districts of Ramón Castilla and Yavarí in the Province duly reported to the Secretariat the extensions of the state of Mariscal Ramón Castilla, Department of Loreto, has of emergency in the aforementioned locality, the most been extended for 60 days, with effect from 17 September recent communication being note No. 7-1-SG/17 of 21 2015. March 2016. The Permanent Mission has duly reported to the During the state of emergency, the rights relating to Secretariat previous extensions of the state of emergency liberty and security of person and the inviolability of the in the aforementioned places, the most recent home, recognized in article 2, paragraphs 9 and 24 (f), of the Political Constitution of Peru and in articles 17 and 9
IV 4. HUMAN RIGHTS 76 of the International Covenant on Civil and Political During the state of emergency, the rights relating to Rights, respectively, are suspended in order to consolidate liberty and security of person and the inviolability of the peace in the area and in the country. home, recognized in article 2, paragraphs 9 and 24 (f), of (See C.N.539.2016.TREATIES-IV.4 of 2 August 2016 the Political Constitution of Peru and in articles 17 and 9 for the text of the above-mentioned notification.) of the International Covenant on Civil and Political [...] by Supreme Decree No. 093-2015-PCM issued on Rights, respectively, are suspended, in order to 24 December 2015, a state of emergency has been consolidate peace in the area and in the country. declared for 45 days in the Provinces of Santa and Casma, (See C.N.558.2016.TREATIES-IV.4 of 5 August 2016 Department of Áncash. for the text of the above-mentioned notification.) During the state of emergency, the rights relating to [...] by Supreme Decree No. 017-2016-PCM, issued liberty and security of person and the inviolability of the on 15 March 2016, the state of emergency declared in the home, recognized in article 2, paragraphs 9 and 24 (f), of Districts of Huanta, Ayahuanco, Santillana, Chaca, Sivia, the Political Constitution of Peru and in articles 17 and 9 Llochegua, Canayre, Uchuraccay and Pucacolpa in the of the International Covenant on Civil and Political Province of Huanta, the Districts of San Miguel, Anco, Rights, respectively, are suspended, in order to Ayna, Chungui, Santa Rosa, Tambo, Samugari and consolidate peace in the area and in the country. Anchihuay in the Province of La Mar, Department of (See C.N.554.2016.TREATIES-IV.4 of 5 August 2016 Ayacucho; in the Districts of Pampas, Huachocolpa, for the text of the above-mentioned notification.) Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintay [...] by Supreme Decree No. 018-2016-PCM, issued Puncu, Roble and Andaymarca in the Province of on 17 March 2016, the state of emergency declared in the Tayacaja, Department of Huancavelica; in the Districts of District of Echarate in the Province of La Convención, Kimbiri, Pichari, Vilcabamba, Inkawasi, Villa Kintiarina Department of Cusco, has been extended for 60 days, and Villa Virgen in the Province of La Convención, with effect from 21 March 2016. Department of Cusco; in the Districts of Llaylla, It should be recalled that the Permanent Mission has Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene duly reported to the Secretariat previous extensions of the and Río Tambo in the Province of Satipo, the Districts of state of emergency in the aforementioned place, the most Andamarca and Comas in the Province of Concepción, recent communication being note No. 7-1-SG/14 of 16 and the Districts of Santo Domingo de Acobamba and March 2016. Pariahuanca in the Province of Huancayo, Department of During the state of emergency, the rights relating to Junín, has been extended for 60 days, with effect from 15 liberty and security of person, inviolability of the home, March 2016. freedom of assembly and freedom of movement within It should be recalled that the Permanent Mission has the territory, recognized in article 2, paragraphs 9, 11, 12 duly reported to the Secretariat previous extensions of the and 24 (f), of the Political Constitution of Peru and in state of emergency in the aforementioned places, the most articles 17, 12, 21 and 9 of the International Covenant on recent communication being note No. 7-1-SG/45 of 24 Civil and Political Rights, are suspended. June 2016. (See C.N.540.2016.TREATIES-IV.4 of 2 August 2016 During the state of emergency, the rights relating to for the text of the above-mention.) liberty and security of person, inviolability of the home, [...] by Supreme Decree No. 002-2016-PCM, issued freedom of assembly and freedom of movement within on 14 January 2016, the state of emergency declared in the territory, recognized in article 2, paragraphs 9, 11, 12 the Districts of Huanta, Ayahuanco, Santillana, Chaca, and 24 (f), of the Political Constitution of Peru and in Sivia, Llochegua, Canayre, Uchuraccay and Pucacolpa in articles 17, 12, 21 and 9 of the International Covenant on the Province of Huanta, the Districts of San Miguel, Civil and Political Rights, are suspended. Anco, Ayna, Chungui, Santa Rosa, Tambo, Samugari, (See C.N.557.2016.TREATIES-IV.4 of 5 August 2016 Anchihuay in the Province of La Mar, Department of for the text of the above-mentioned notification.) Ayacucho; in the Districts of Pampas, Huachocolpa, [...] by Supreme Decree No. 032-2016-PCM issued on Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintay 12 May 2016, the state of emergency declared in the Puncu, Roble and Andaymarca in the Province of District of Echarate in the Province of La Convención, Tayacaja, Department of Huancavelica; in the Districts of Department of Cusco, has been extended for 60 days, Kimbiri, Pichari, Vilcabamba, Inkawasi, Villa Kintiarina, with effect from 20 May 2016. Villa Virgen in the Province of La Convención, It should be recalled that the Permanent Mission has Department of Cusco; in the Districts of Llaylla, duly reported to the Secretariat previous extensions of the Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene state of emergency in the aforementioned place, the most and Río Tambo in the Province of Satipo, the Districts of recent communication being note No. 7-1-SG/44 of 24 Andamarca and Comas in the Province of Concepción, June 2016. and the Districts of Santo Domingo de Acobamba and During the state of emergency, the rights relating to Pariahuanca in the Province of Huancayo, Department of liberty and security of person, inviolability of the home, Junín, has been extended for 60 days, with effect from 15 freedom of assembly and freedom of movement within January 2016. the territory, recognized in article 2, paragraphs 9, 11, 12 It should be recalled that the Permanent Mission has and 24 (f), of the Political Constitution of Peru and in duly reported to the Secretariat previous extensions of the articles 17, 12, 21 and 9 of the International Covenant on state of emergency in the aforementioned places, the most Civil and Political Rights, are suspended. recent communication being note No. 7-1-SG/66 of 11 (See C.N.556.2016.TREATIES-IV.4 of 5 August 2016 December 2015. for the text of the above-mentioned notification.) During the state of emergency, the rights relating to [...] by Supreme Decree No. 036-2016-PCM issued on liberty and security of person, inviolability of the home, 31 May 2016, the state of emergency declared in the freedom of assembly and freedom of movement within Constitutional Province of Callao has been extended for the territory, recognized in article 2, paragraphs 9, 11, 12 60 days, with effect from 1 June 2016. and 24 (f), of the Political Constitution of Peru and in It should be recalled that the Permanent Mission has articles 17, 12, 21 and 9 of the International Covenant on duly reported to the Secretariat previous extensions of the Civil and Political Rights, are suspended. state of emergency in the aforementioned place, the most (See C.N.542.2016.TREATIES-IV.4 of 2 August 2016 recent communication being note No. 7-1-SG/43 dated 24 for the text of the above-mentioned notification.) June 2016. [...] by Supreme Decree No. 009-2016-PCM issued on During the state of emergency, the rights relating to 10 February 2016, a state of emergency has been declared liberty and security of person and the inviolability of the for 45 days in the Provinces of Santa and Casma, home, recognized in article 2, paragraphs 9 and 24 (f), of Department of Áncash. the Political Constitution of Peru and in articles 17 and 9
IV 4. HUMAN RIGHTS 77 of the International Covenant on Civil and Political [...] by Supreme Decree No. 029-2016-PCM issued on Rights, respectively, are suspended in order to consolidate 5 May 2016, a state of emergency has been declared for peace in the area and in the country. 45 days in the Provinces of Santa and Casma, Department (See C.N.555.2016.TREATIES-IV.4 of 5 August 2016 of Áncash, with effect from 10 May 2016. for the text of the above-mentioned notification.) It should be recalled that the Permanent Mission has [...] by Supreme Decree No. 031-2016-PCM, issued duly reported to the Secretariat previous extensions of the on 12 May 2016, the state of emergency declared in the state of emergency in the aforementioned places, the most Districts of Huanta, Ayahuanco, Santillana, Chaca, Sivia, recent communication being note No. 7-1-SG/61 of 26 Llochegua, Canayre, Uchuraccay and Pucacolpa in the July 2016. Province of Huanta, in the Districts of San Miguel, Anco, During the state of emergency, the rights relating to Ayna, Chungui, Santa Rosa, Tambo, Samugari and liberty and security of person and the inviolability of the Anchihuay in the Province of La Mar, Department of home, recognized in article 2, paragraphs 9 and 24 (f), of Ayacucho; in the Districts of Pampas, Huachocolpa, the Political Constitution of Peru and in articles 17 and 9 Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintay of the International Covenant on Civil and Political Puncu, Roble and Andaymarca in the Province of Rights, respectively, are suspended, in order to Tayacaja, Department of Huancavelica; in the Districts of consolidate peace in the area and in the country. Kimbiri, Pichari, Vilcabamba, Inkawasi, Villa Kintiarina (See C.N.585.2016.TREATIES-IV.4 of 17 August and Villa Virgen in the Province of La Convención, 2016 for the text of the above-mentioned notification.) Department of Cusco; in the Districts of Llaylla, [...] by Supreme Decree No. 044-2016-PCM, issued Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene on 12 July 2016, the state of emergency declared in the and Río Tambo in the Province of Satipo, in the Districts Districts of Huanta, Ayahuanco, Santillana, Chaca, Sivia, of Andamarca and Comas in the Province of Concepción, Llochegua, Canayre, Uchuraccay and Pucacolpa in the and in the Districts of Santo Domingo de Acobamba and Province of Huanta, in the Districts of San Miguel, Anco, Pariahuanca in the Province of Huancayo, Department of Ayna, Chungui, Santa Rosa, Tambo, Samugari and Junín, has been extended for 60 days, with effect from 14 Anchihuay in the Province of La Mar, Department of May 2016. Ayacucho; in the Districts of Pampas, Huachocolpa, It should be recalled that the Permanent Mission has Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintay duly reported to the Secretariat previous extensions of the Puncu, Roble and Andaymarca in the Province of state of emergency in the aforementioned places, the most Tayacaja, Department of Huancavelica; in the Districts of recent communication being note No. 7-1-SG/49 of 29 Kimbiri, Pichari, Vilcabamba, Inkawasi, Villa Kintiarina June 2016. and Villa Virgen in the Province of La Convención, During the state of emergency, the rights relating to Department of Cusco; in the Districts of Llaylla, liberty and security of person, inviolability of the home, Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene freedom of assembly and freedom of movement within and Río Tambo in the Province of Satipo, in the Districts the territory, recognized in article 2, paragraphs 9, 11, 12 of Andamarca and Comas in the Province of Concepción, and 24 (f), of the Political Constitution of Peru and in and in the Districts of Santo Domingo de Acobamba and articles 17, 12, 21 and 9 of the International Covenant on Pariahuanca in the Province of Huancayo, Department of Civil and Political Rights, are suspended. Junín, has been extended for 60 days, with effect from 13 (See C.N.581.2016.TREATIES-IV.4 of 17 August July 2016. 2016 for the text of the above-mentioned notification.) It should be recalled that the Permanent Mission has [...] by Supreme Decree No. 020-2016-PCM issued on duly reported to the Secretariat previous extensions of the 24 March 2016, a state of emergency has been declared state of emergency in the aforementioned places, the most for 45 days in the Provinces of Santa and Casma, recent communication being note No. 7-1-SG/60 of 26 Department of Áncash. July 2016. It should be recalled that the Permanent Mission has During the state of emergency, the rights relating to duly reported to the Secretariat previous extensions of the liberty and security of person, inviolability of the home, state of emergency in the aforementioned places, the most freedom of assembly and freedom of movement within recent communication being note No. 7-1-SG/50 of 29 the territory, recognized in article 2, paragraphs 9, 11, 12 June 2016. and 24 (f), of the Political Constitution of Peru and in During the state of emergency, the rights relating to articles 17, 12, 21 and 9 of the International Covenant on liberty and security of person and the inviolability of the Civil and Political Rights, are suspended. home, recognized in article 2, paragraphs 9 and 24 (f), of (See C.N.586.2016.TREATIES-IV.4 of 18 August the Political Constitution of Peru and in articles 17 and 9 2016 for the text of the above-mentioned notification.) of the International Covenant on Civil and Political [...] by Supreme Decree No. 041-2016-PCM issued on Rights, respectively, are suspended, with the aim of 23 June 2016, a state of emergency has been declared for consolidating peace in the area and in the country. 45 days in the Provinces of Santa and Casma, Department (See C.N.582.2016.TREATIES-IV.4 of 17 August of Áncash, with effect from 24 June 2016. 2016 for the text of the above-mentioned notification.) It should be recalled that the Permanent Mission has [...] by Supreme Decree No. 056-2016-PCM issued on duly reported to the Secretariat previous extensions of the 30 July 2016, a state of emergency in the Constitutional state of emergency in the aforementioned places, the most Province of Callao has been declared for 30 days, with recent communication being note No. 7-1-SG/65 of 2 effect from 31 July 2016. August 2016. It should be recalled that the Permanent Mission has During the state of emergency, the rights relating to duly reported to the Secretariat previous extensions of the liberty and security of person and the inviolability of the state of emergency in the aforementioned place, the most home, recognized in article 2, paragraphs 9 and 24 (f), of recent communication being note No. 7-1-SG/47 dated 29 the Political Constitution of Peru and in articles 17 and 9 June 2016. of the International Covenant on Civil and Political During the state of emergency, the rights relating to Rights, respectively, are suspended, in order to liberty and security of person and the inviolability of the consolidate peace in the area and in the country. home, recognized in article 2, paragraphs 9 and 24 (f), of (See C.N.595.2016.TREATIES-IV.4 of 11 August the Political Constitution of Peru and in articles 17 and 9 2016 for the text of the above-mentioned notification.) of the International Covenant on Civil and Political [...] by Supreme Decree No. 066-2016-PCM issued on Rights, respectively, are suspended. 27 August 2016, the state of emergency in the (See C.N.584.2016.TREATIES-IV.4 of 17 August Constitutional Province of Callao has been extended for 2016 for the text of the above-mentioned notification.) 45 days, with effect from 30 August 2016.
IV 4. HUMAN RIGHTS 78 During the state of emergency, the rights relating to (See C.N.849.2016.TREATIES-IV.4 of 31 October liberty and security of person and the inviolability of the 2016 for the text of the above-mentioned notification.) home, recognized in article 2, paragraphs 9 and 24 (f), of [...] by Supreme Decree No. 072-2016-PCM issued on the Political Constitution of Peru and in articles 17 and 9 15 September 2016, the state of emergency in the of the International Covenant on Civil and Political Provinces of Santa and Casma, Department of Áncash, Rights, respectively, are suspended. has been extended for 30 days, with effect from 22 (See C.N.845.2016.TREATIES-IV.4 of 14 September September 2016. 2016 for the text of the above-mentioned notification.) During the state of emergency, the rights relating to [...] by Supreme Decree No. 070-2016-PCM, issued liberty and security of person and the inviolability of the on 11 September 2016, the state of emergency declared in home, recognized in article 2, paragraphs 9 and 24 (f), of the Districts of Huanta, Ayahuanco, Santillana, Chaca, the Political Constitution of Peru and in articles 17 and 9 Sivia, Llochegua, Canayre, Uchuraccay and Pucacolpa in of the International Covenant on Civil and Political the Province of Huanta, in the Districts of San Miguel, Rights, respectively, are suspended. Anco, Ayna, Chungui, Santa Rosa, Tambo, Samugari and (See C.N.850.2016.TREATIES-IV.4 of 31 October Anchihuay in the Province of La Mar, Department of 2016 for the text of the above-mentioned notification.) Ayacucho; in the Districts of Pampas, Huachocolpa, [...] by Supreme Decree No. 076-2016-PCM, Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintay published on 6 October 2016, a state of emergency has Puncu, Roble and Andaymarca in the Province of been declared for 60 days, with effect from 11 October Tayacaja, Department of Huancavelica; in the Districts of 2016, in the Districts of Huanta, Ayahuanco, Santillana, Kimbiri, Pichari, Vilcabamba, Inkawasi, Villa Kintiarina Chaca, Sivia, Llochegua, Canayre, Uchuraccay and and Villa Virgen in the Province of La Convención, Pucacolpa, in the Province of Huanta; in the Districts of Department of Cusco; in the Districts of Llaylla, San Miguel, Anco, Ayna, Chungui, Oronccoy, Santa Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene Rosa, Tambo, Samugari and Anchihuay, in the Province and Río Tambo in the Province of Satipo, in the Districts of La Mar, in the Department of Ayacucho; in the of Andamarca and Comas in the Province of Concepción, Districts of Pampas, Huachocolpa, Quishuar, Salcabamba, and in the Districts of Santo Domingo de Acobamba and Salcahuasi, Surcubamba, Tintaypuncu, Roble, Santiago Pariahuanca in the Province of Huancayo, Department of de Tucuma and Andaymarca, in the Province of Tayacaja, Junín, has been extended for 30 days, with effect from 11 in the Department of Huancavelica; in the Districts of September 2016. Echarate, Megantoni, Kimbiri, Pichari, Vilcabamba, During the state of emergency, the rights relating to lnkawasi, Villa Kintiarina and Villa Virgen, in the liberty and security of person, inviolability of the home, Province of La Convención, in the Department of Cusco; freedom of assembly and freedom of movement within in the Districts of Llaylla, Mazamari, Pampa Hermosa, the territory, recognized in article 2, paragraphs 9, 11, 12 Pangoa, Vizcatán del Ene and Río Tambo, in the Province and 24 (f), of the Political Constitution of Peru and in of Satipo; in the Districts of Andamarca and Comas, in articles 17, 12, 21 and 9 of the International Covenant on the Province of Concepción; and in the Districts of Santo Civil and Political Rights, are suspended. Domingo de Acobamba and Pariahuanca, in the Province (See C.N.846.2016.TREATIES-IV.4 of 14 September of Huancayo, in the Department of Junín. 2016 for the text of the above-mentioned notification.) During the state of emergency, the rights relating to By Supreme Decree No. 057-2016-PCM, published on liberty and security of person, inviolability of the home, 5 August 2016,the state of emergency in the Provinces of freedom of assembly and freedom of movement within Santa and Casma, Department of Áncash, is extended for the territory, recognized in article 2, paragraphs 9, 11, 12 a period of forty-five (45) calendar days, with effect from and 24 (f), of the Political Constitution of Peru, and in 8 August 2016. articles 9, 12, 17 and 21 of the International Covenant on During the extension of the state of emergency and in Civil and Political Rights, will be suspended in order to the locations referred to, the constitutional rights relating consolidate peace in the area and in the country as a to liberty and security of person and the inviolability of whole. the home, recognized in article 2, paragraphs 9 and 24 (f), (See C.N.969.2016.TREATIES-IV.4 of 14 November of the Political Constitution of Peru, shall be suspended. 2016 for the text of the above-mentioned notification.) (See C.N.848.2016.TREATIES-IV.4 of 31 October [...] by Supreme Decree No. 088-2016-PCM, issued 2016 for the text of the above-mentioned notification.) on 29 November 2016 (copy attached), a state of By Supreme Decree No. 045-2016-PCM, issued on 12 emergency is declared for thirty (30) days, in the Province July 2016, the state of emergency in the District of of San Román, Department of Puno, with effect from the Echarate in the Province of La Convención, Department aforementioned date. of Cusco, was extended for a period of sixty (60) calendar During the state of emergency, the constitutional days, with effect from 19 July 2016. rights to liberty and security of person, inviolability of the During the state of emergency and in the location home, freedom of assembly and freedom of movement in referred to, the constitutional rights relating to liberty and the territory, recognized in article 2, paragraphs 9, 11, 12 security of person, inviolability of the home and freedom and 24 (f), of the Political Constitution of Peru, and in of assembly and of movement within the territory, articles 9, 12, 17 and 21 of the International Covenant on recognized in article 2, paragraphs 9, 11, 12 and 24 (f), of Civil and Political Rights, will be suspended in order to the Political Constitution of Peru, shall be suspended. consolidate peace in the area and in the country as a (See C.N.847.2016.TREATIES-IV.4 of 31 October whole. 2016 for the text of the above-mentioned notification.) (See C.N.989.2016.TREATIES-IV.4 of 21 February [...] by Supreme Decree No. 071-2016-PCM issued on 2017 for the text of the above-mentionned notification.) 15 September 2016, the state of emergency declared in [...] by Supreme Decree No. 091-2016-PCM, issued the District of Echarate in the Province of La Convención, on 8 December 2016, the state of emergency declared in Department of Cusco, has been extended for 25 days, various districts of the Provinces of Huanta and La Mar, with effect from 17 September 2016. Department of Ayacucho; the Province of Tayacaja, During the state of emergency, the rights relating to Department of Huancavelica; in the Province of La liberty and security of person, inviolability of the home, Convención, Department of Cusco, and in the Provinces freedom of assembly and freedom of movement within of Satipo, Concepción and Huancayo, Department of the territory, recognized in article 2, paragraphs 9, 11, 12 Junín, has been extended for sixty (60) days, with effect and 24 (f), of the Political Constitution of Peru and in from 10 December 2016. articles 17, 12, 21 and 9 of the International Covenant on During the state of emergency, the constitutional Civil and Political Rights, respectively, are suspended. rights relating to liberty and security of person, the inviolability of the home and freedom of assembly and
IV 4. HUMAN RIGHTS 79 movement within the territory recognized in article 2, article 4 (3) of the above Covenant, regarding the paragraphs 9, 11, 12 and 24 (f) of the Political extension of the state of emergency in the in the districts Constitution of Peru are suspended. of Huanta, Ayahuanco, Santillana, Chaca, Sivia, (See C.N.986.2016.TREATIES-IV.4 of 13 January Llochegua, Canayre, Uchuraccay and Pucacolpa in the 2017 for the text of the above-mentioned notification.) Province of Huanta, in the districts of San Miguel, Anco, Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, Samugari by Supreme Decree No. 093-2016-PCM, issued on 20 and Anchihuay in the Province of La Mar, Department of December 2016 (copy attached), a state of emergency is Ayacucho; in the districts of Pampas, Huachocolpa, declared for thirty (30) days in the Province of Quishuar, Salcabamba, Salcahuasi, Surcubamba, Chumbivilcas, Department of Cusco, with effect from the Tintaypuncu, Roble, Santiago de Tucuma and aforementioned date. Andaymarca in the Province of Tayacaja, Department of During the state of emergency, the constitutional Huancavelica; in the districts of Echarate, Megantoni, rights relating to liberty and security of person, Kimbiri, Pichari, Vilcabamba, Inkawasi , Villa Kintiarina inviolability of the home, freedom of assembly and and Villa Virgen in the Province of La Convención, freedom of movement within the territory, recognized in Department of Cusco; in the districts of Llaylla, article 2, paragraphs 9, 11, 12 and 24 (f), of the Political Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene Constitution of Peru, and in articles 9, 12, 17 and 21 of and Rio Tambo in the Province of Satipo, in the districts the International Covenant on Civil and Political Rights, of Andamarca and Comas in the Province of Concepción, will be suspended in order to consolidate peace in the area and in the districts of Santo Domingo de Acobamba and and in the country as a whole. Pariahuanca in the Province of Huancayo, Department of (See C.N.985.2016.TREATIES-IV.4 of 21 February Junín, for a period of sixty calendar days from 8 June 2017 for the text of the notification.) 2017 by Supreme Decree No. 063-2017-PCM. [...] by Supreme Decree No. 010-2017-PCM, issued (See C.N.396.2017.TREATIES-IV.4 of 12 July 2017 on 7 February 2017, the state of emergency declared in for the text of the notification.) the districts of Huanta, Ayahuanco, Santillana, Chaca, The Secretary-General received from the Government Sivia, Llochegua, Canayre, Uchuraccay and Pucacolpa in of Peru a notification dated 27 June 2017, made under the Province of Huanta, in the districts of San Miguel, article 4 (3) of the above Covenant, regarding the Anco, Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, extension of the state of emergency in the in the districts Samugari and Anchihuay in the Province of La Mar, of Huanta, Ayahuanco, Santillana, Chaca, Sivia, Department of Ayacucho; in the districts of Pampas, Llochegua, Canayre, Uchuraccay and Pucacolpa in the Huachocolpa, Quishuar, Salcabamba, Salcahuasi, Province of Huanta, in the districts of San Miguel, Anco, Surcubamba, Tintay Puncu, Roble, Santiago de Tucuma Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, Samugari and Andaymarca in the Province of Tayacaja, and Anchihuay in the Province of La Mar, Department of Department of Huancavelica; in the districts of Echarate, Ayacucho; in the districts of Pampas, Huachocolpa, Megantoni, Kimbiri, Pichari, Vilcabamba, Inkawasi , Quishuar, Salcabamba, Salcahuasi, Surcubamba, Villa Kintiarina and Villa Virgen in the Province of La Tintaypuncu, Roble, Santiago de Tucuma and Convención, Department of Cusco; in the districts of Andaymarca in the Province of Tayacaja, Department of Llaylla, Mazamari, Pampa Hermosa, Pangoa, Vizcatán Huancavelica; in the districts of Echarate, Megantoni, del Ene and Rio Tambo in the Province of Satipo, in the Kimbiri, Pichari, Vilcabamba, Inkawasi , Villa Kintiarina districts of Andamarca and Comas in the Province of and Villa Virgen in the Province of La Convención, Concepción, and in the districts of Santo Domingo de Department of Cusco; in the districts of Llaylla, Acobamba and Pariahuanca in the Province of Huancayo, Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene Department of Junín, has been extended for sixty (60) and Rio Tambo in the Province of Satipo, in the districts days, with effect from 8 February 2017. of Andamarca and Comas in the Province of Concepción, (See C.N.117.2017.TREATIES-IV.4 of 2 March 2017 and in the districts of Santo Domingo de Acobamba and for the text of the notification.) Pariahuanca in the Province of Huancayo, Department of The Secretary-General received from the Government Junín, for a period of sixty calendar days from 9 April of Peru a notification dated 26 April 2017, made under 2017 by Supreme Decree No. 042-2017-PCM. article 4 (3) of the above Covenant, regarding the (See C.N.395.2017.TREATIES-IV.4 of 12 July 2017 declaration of a state of emergency in the Province of for the text of the notification.) Cotabambas, Department of Apurimac, for a period of thirty days from 10 February 2017 by Supreme Decree The Secretary-General received from the Government No. 015-2017-PCM. of Peru a notification dated 7 August 2017, made under (See C.N.259.2017.TREATIES-IV.4 of 4 May 2017 article 4 (3) of the above Covenant, regarding the for the text of the notification.) extension of a state of emergency in the District of The Secretary-General received from the Government Tumán, Province of Chiclayo, Department of of Peru a notification dated 26 April 2017, made under Lambayeque, for a period of thirty calendar days from 13 article 4 (3) of the above Covenant, regarding the July 2017 by Supreme Decree No. 074-2017-PCM. declaration of a state of emergency in the District of (See C.N.504.2017.TREATIES-IV.4 of 8 September Coporaque, Province of Espinar, Department of Cusco, 2017 for the text of the notification.) for a period of thirty days from 21 February 2017 by The Secretary-General received from the Government Supreme Decree No. 020-2017-PCM. of Peru a notification dated 7 August 2017, made under (See C.N.260.2017.TREATIES-IV.4 of 4 May 2017 article 4 (3) of the above Covenant, regarding the for the text of the notification.) declaration of a state of emergency in the in the districts The Secretary-General received from the Government of Juliaca, Province of San Román, Department of Puno, of Peru a notification dated 29 June 2017, made under in the districts of Wanchaq, San Sebastián and Cusco, article 4 (3) of the above Covenant, regarding the Province of Cusco, and in the districts of Machupicchu declaration of a state of emergency in the District of and Ollantaytambo, Province of Urubamba, Department Tumán, Province of Chiclayo, Department of of Cusco, for a period of thirty calendar days from 19 July Lambayeque, for a period of thirty calendar days from 12 2017 by Supreme Decree No. 078-2017-PCM. June 2017 by Supreme Decree No. 064-2017-PCM. (See C.N.505.2017.TREATIES-IV.4 of 8 September (See C.N.397.2017.TREATIES-IV.4 of 12 July 2017 2017 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 4 January 2018, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 29 June 2017, made under declaration of a state of emergency in the Districts of
IV 4. HUMAN RIGHTS 80 Chalhuahuacho, Haquira and Mara in the Province of The Secretary-General received from the Government Cotabambas, Department of Apurímac, for a period of of Peru a notification dated 8 January 2017, made under thirty (30) calendar days by Supreme Decree No. 085- article 4 (3) of the above Covenant, regarding the 2017-PCM issued on 16 August 2017. declaration of a state of emergency in the District of (See C.N.13.2018.TREATIES-IV.4 of 23 January Luricocha in the Province of Huanta, Department of 2018 for the text of the notification.) Ayacucho; in the Districts of San Marcos de Rocchac, The Secretary-General received from the Government Huaribamba, Pazos, Acraquia, Ahuaycha, Daniel of Peru a notification dated 5 January 2018, made under Hernández and Colcabamba in the Province of Tayacaja, article 4 (3) of the above Covenant, regarding the and in the Province of Churcampa, Department of extension of the state of emergency in the Districts of Huancavelica for a period of twenty calendar days by Chalhuahuacho, Haquira and Mara in the Province of Supreme Decree No. 094-2017-PCM. Cotabambas, Department of Apurímac, for a period of (See C.N.27.2018.TREATIES-IV.4 of 23 January thirty (30) calendar days from 16 September 2017, and 2018 for the text of the notification.) the declaration of a state of emergency for a period of The Secretary-General received from the Government thirty (30) calendar days in the District of Capacmarca in of Peru a notification dated 4 January 2018, made under the Province of Chumbivilcas, Department of Cusco by article 4 (3) of the above Covenant, regarding the Supreme Decree No. 093-2017-PCM issued on 15 extension of the state of emergency in the Districts of September 2017. Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, (See C.N.14.2018.TREATIES-IV.4 of 23 January Canayre, Uchuraccay, Pucacolpa in the Province of 2018 for the text of the notification.) Huanta, in the Districts of San Miguel, Anco, Ayna, The Secretary-General received from the Government Chungui, Oronccoy, Santa Rosa, Tambo, Samugari, of Peru a notification dated 9 January 2018, made under Anchihuay in the Province of La Mar, Department of article 4 (3) of the above Covenant, regarding the Ayacucho; in the Districts of Pampas, Huachocolpa, extension of a state of emergency in the Districts of Quishuar, Salcabamba, Salcahuasi, Surcubamba, Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, Tintaypuncu, Roble, Santiago de Tucuma and Canayre, Uchuraccay, Pucacolpa and Luricocha in the Andaymarca in the Province of Tayacaja, Department of Province of Huanta, in the Districts of San Miguel, Anco, Huancavelica; in the Districts of Echarate, Megantoni, Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina Samugari, Anchihuay in the Province of La Mar, and Villa Virgen in the Province of La Convención, Department of Ayacucho; in the Districts of Pampas, Department of Cusco; and in the Districts of Llaylla, Huachocolpa, Quishuar, Salcabamba, Salcahuasi, Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene Surcubamba, Tintaypuncu, Roble, Santiago de Tucuma, and Rio Tambo in the Province of Satipo, in the Districts Andaymarca, San Marcos de Rocchac, Huaribamba, of Andamarca and Comas in the Province of Concepción, Pazos, Acraquia, Ahuaycha, Daniel Hernández and and in the Districts of Santo Domingo de Acobamba and Colcabamba in the Province of Tayacaja, and in the Pariahuanca in the Province of Huancayo, Department of Districts of Anco, Chinchihuasi, Churcampa, Cosme, El Junín, for a period of sixty calendar days from 7 August Carmen, La Merced, Locroja, Pachamarca, Paucarbamba, 2017 by Supreme Decree No. 079-2017-PCM. San Miguel de Mayocc, San Pedro de Coris in the (See C.N.17.2018.TREATIES-IV.4 of 23 January Province of Churcampa, Department of Huancavelica; in 2018 for the text of the notification.) the Districts of Echarate, Megantoni, Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina and Villa Virgen The Secretary-General received from the Government in the Province of La Convención, Department of Cusco; of Peru a notification dated 9 January 2018, made under and in the Districts of Llaylla, Mazamari, Pampa article 4 (3) of the above Covenant, regarding the Hermosa, Pangoa, Vizcatán del Ene and Río Tambo in the extension of the state of emergency in the District of Province of Satipo, in the Districts of Andamarca and Tumán, Province of Chiclayo, Department of Comas in the Province of Concepción, and in the Districts Lambayeque, for a period of thirty calendar days from 11 of Santo Domingo de Acobamba and Pariahuanca in the October 2017 by Supreme Decree No. 100-2017-PCM. Province of Huancayo, Department of Junín for a period (See C.N.29.2018.TREATIES-IV.4 of 23 January of sixty calendar days from 5 December 2017 by Supreme 2018 for the text of the notification.) Decree No. 114-2017-PCM. The Secretary-General received from the Government (See C.N.35.2018.TREATIES-IV.4 of 23 January of Peru a notification dated 8 January 2018, made under 2018 for the text of the notification.) article 4 (3) of the above Covenant, regarding the extension of the state of emergency in the Districts of The Secretary-General received from the Government Chalhuahuacho and Mara in the Province of Cotabambas, of Peru a notification dated 9 January 2018, made under Department of Apurímac, and in the District of article 4 (3) of the above Covenant, regarding the Capacmarca in the Province of Chumbivilcas, Department extension of a state of emergency in the Districts of of Cusco, for a period of thirty calendar days from 16 Chalhuahuacho and Mara, in the Province of Cotabambas, October 2017 by Supreme Decree No. 101-2017-PCM . Department of Apurímac, and in the District of (See C.N.33.2018.TREATIES-IV.4 of 23 January Capacmarca, in the Province of Chumbivilcas, 2018 for the text of the notification.) Department of Cusco for a period of thirty calendar days The Secretary-General received from the Government from 15 November 2017 by Supreme Decree No. 107- of Peru a notification dated 5 January 2018, made under 2017-PCM. article 4 (3) of the above Covenant, regarding the (See C.N.36.2018.TREATIES-IV.4 of 23 January extension of the state of emergency in the District of 2018 for the text of the notification.) Tumán, Province of Chiclayo, Department of Lambayeque, for a period of thirty calendar days from 12 The Secretary-General received from the Government August 2017 by Supreme Decree No. 083-2017-PCM. of Peru a notification dated 8 January 2018, made under (See C.N.18.2018.TREATIES-IV.4 of 23 January article 4 (3) of the above Covenant, regarding the 2018 for the text of the notification.) extension of a state of emergency in the District of Tumán, Province of Chiclayo, Department of The Secretary-General received from the Government Lambayeque for a period of thirty calendar days from 11 of Peru a notification dated 10 January 2018, made under September 2017 by Supreme Decree No. 090-2017-PCM. article 4 (3) of the above Covenant, regarding the (See C.N.28.2018.TREATIES-IV.4 of 23 January extension of a state of emergency in the District of 2018 for the text of the notification.) Tumán, Province of Chiclayo, Department of
IV 4. HUMAN RIGHTS 81 Lambayeque for a period of thirty calendar days from 10 from 9 May 2018 by Supreme Decree No. 048-2018- November 2017 by Supreme Decree No. 104-2017-PCM. PCM. (See C.N.30.2018.TREATIES-IV.4 of 23 January (See C.N.303.2018.TREATIES-IV.4 of 22 June 2018 2018 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 12 June 2018, made under of Peru a notification dated 11 January 2018, made under article 4 (3) of the above Covenant, regarding the article 4 (3) of the above Covenant, regarding the extension of the state of emergency in the districts of the extension of a state of emergency in the District of provinces of Huanta and La Mar (Ayacucho), of the Tumán, Province of Chiclayo, Department of provinces of Tayacaja and Churcampa (Huancavelica), of Lambayeque for a period of thirty calendar days from 10 the province of La Convención (Cusco) and of the December 2017 by Supreme Decree No. 119-2017-PCM. provinces of Satipo, Concepción and Huancayo (Junín) (See C.N.31.2018.TREATIES-IV.4 of 23 January for a period of sixty (60) calendar days from 4 April 2018 2018 for the text of the notification.) by Supreme Decree No. 035-2018-PCM. (See C.N.300.2018.TREATIES-IV.4 of 22 June 2018 The Secretary-General received from the Government for the text of the notification.) of Peru a notification dated 12 January 2018, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 12 June 2018, made under extension of the state of emergency in the District of article 4 (3) of the above Covenant, regarding the Tumán, Province of Chiclayo, Department of extension of the state of emergency in the District of Lambayeque, for a period of sixty calendar days from 9 Tumán, Province of Chiclayo, Department of January 2018 by Supreme Decree No. 001-2018-PCM. Lambayeque, for a period of sixty (60) calendar days (See C.N.32.2018.TREATIES-IV.4 of 23 January from 10 March 2018 by Supreme Decree No. 024-2018- 2018 for the text of the notification.) PCM. The Secretary-General received from the Government (See C.N.302.2018.TREATIES-IV.4 of 22 June 2018 of Peru a notification dated 8 January 2018, made under for the text of the notification.) article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government extension of a state of emergency in the Districts of of Peru a notification dated 12 June 2018, made under Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, article 4 (3) of the above Covenant, regarding the Canayre, Uchuraccay, Pucacolpa and Luricocha in the extension of the state of emergency in the districts of the Province of Huanta, in the Districts of San Miguel, Anco, provinces of Huanta and La Mar (Ayacucho), of the Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, provinces of Tayacaja and Churcampa (Huancavelica), of Samugari, Anchihuay in the Province of La Mar, the province of La Convención (Cusco) and of the Department of Ayacucho; in the Districts of Pampas, provinces of Satipo, Concepción and Huancayo (Junín) Huachocolpa, Quishuar, Salcabamba, Salcahuasi, for a period of sixty (60) calendar days from 3 February Surcubamba, Tintaypuncu, Roble, Santiago de Tucuma, 2018 by Supreme Decree No. 011-2018-PCM. Andaymarca, San Marcos de Rocchac, Huaribamba, (See C.N.299.2018.TREATIES-IV.4 of 22 June 2018 Pazos, Acraquia, Ahuaycha, Daniel Hernández and for the text of the notification.) Colcabamba in the Province of Tayacaja, and in the The Secretary-General received from the Government Districts of Anco, Chinchihuasi, Churcampa, Cosme, El of Peru a notification dated 12 June 2018, made under Carmen, La Merced, Locroja, Pachamarca, Paucarbamba, article 4 (3) of the above Covenant, regarding the San Miguel de Mayocc, San Pedro de Coris in the declaration of a state of emergency in the districts of Province of Churcampa, Department of Huancavelica; in Quichuas and Pichos in the province of Tayacaja, the Districts of Echarate, Megantoni, Kimbiri, Pichari, Department of Huancavelica, for a period of thirty (30) Vilcabamba, lnkawasi, Villa Kintiarina and Villa Virgen calendar days from 31 January 2018 by Supreme Decree in the Province of La Convención, Department of Cusco; No. 013-2018-PCM. and in the Districts of Llaylla, Mazamari, Pampa (See C.N.301.2018.TREATIES-IV.4 of 22 June 2018 Hermosa, Pangoa, Vizcatán del Ene and Río Tambo in the for the text of the notification.) Province of Satipo, in the Districts of Andamarca and The Secretary-General received from the Government Comas in the Province of Concepción, and in the Districts of Peru a notification dated 12 June 2018, made under of Santo Domingo de Acobamba and Pariahuanca in the article 4 (3) of the above Covenant, regarding the Province of Huancayo, Department of Junín for a period extension of the state of emergency declared in the of sixty calendar days from 6 October 2017 by Supreme districts of Quichuas and Pichos in the province of Decree No. 97-2017-PCM. Tayacaja, Department of Huancavelica, for a period of (See C.N.34.2018.TREATIES-IV.4 of 23 January sixty (60) calendar days from 2 May 2018 by Supreme 2018 for the text of the notification.) Decree No. 045-2018-PCM. (See C.N.324.2018.TREATIES-IV.4 of 6 July 2018 The Secretary-General received from the Government for the text of the notification.) of Peru a notification dated 10 January 2018, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 2 July 2018, made under extension of a state of emergency in the Districts of article 4 (3) of the above Covenant, regarding the Chalhuahuacho and Mara, in the Province of Cotabambas, extension of the state of emergency in the Districts of Department of Apurímac, and in the District of Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, Capacmarca, in the Province of Chumbivilcas, Canayre, Uchuraccay, Pucacolpa and Luricocha in the Department of Cusco for a period of thirty calendar days Province of Huanta and in the Districts of San Miguel, from 15 December 2017 by Supreme Decree No. 120- Anco, Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, 2017-PCM. Samugari, Anchihuay in the Province of La Mar, (See C.N.39.2018.TREATIES-IV.4 of 23 January Department of Ayacucho; in the Districts of Pampas, 2018 for the text of the notification.) Huachocolpa, Quishuar, Salcabamba, Salcahuasi, Surcubamba, Tintaypuncu, Roble, Andaymarca, Daniel The Secretary-General received from the Government Hernández and Colcabamba in the Province of Tayacaja of Peru a notification dated 12 June 2018, made under and in the Districts of Chinchihuasi, Churcampa, La article 4 (3) of the above Covenant, regarding the Merced, Pachamarca, Paucarbamba, San Pedro de Coris extension of the state of emergency in the District of in the Province of Churcampa, Department of Tumán, Province of Chiclayo, Department of Huancavelica; in the Districts of Echarate, Megantoni, Lambayeque, for a period of sixty (60) calendar days Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina
IV 4. HUMAN RIGHTS 82 and Villa Virgen in the Province of La Convención, declaration of the state of emergency declared over the Department of Cusco; and in the Districts of Llaylla, stretch of the Apurímac-Cusco-Arequipa road corridor Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene that extends from kilometre 130 (Ref. Muyu Orcco and Rio Tambo in the Province of Satipo, in the Districts sector) to kilometre 160 (Ref. Tiendayoc sector) of of Andamarca and Comas in the Province of Concepción national route PE-3SY, which encompasses the district of and in the Districts of Santo Domingo de Acobamba and Colquemarca, Province of Chumbivilcas, Department of Pariahuanca in the Province of Huancayo, Department of Cusco, including the five hundred (500) metres adjacent Junín, for a period of sixty calendar days from 3 June to either side of the road corridor, for a period of thirty 2018 by Supreme Decree No. 058-2018-PCM. (30) calendar days, with effect from 30 September 2018 (See C.N.325.2018.TREATIES-IV.4 of 6 July 2018 by Supreme Decree No. 100-2018-PCM. for the text of the notification.) (See C.N.31.2019.TREATIES-IV.4 of 12 February 2019 for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 3 July 2018, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 28 January 2019, made under extension of the state of emergency declared in the article 4 (3) of the above Covenant, regarding the districts of Quichuas and Pichos in the province of extension of the state of emergency declared over the Tayacaja, Department of Huancavelica, for a period of stretch of the Apurímac-Cusco-Arequipa road corridor sixty (60) calendar days from 3 March 2018 by Supreme that extends from kilometre 130 (Ref. Muyu Orcco Decree No. 021-2018-PCM. sector) to kilometre 160 (Ref. Tiendayoc sector) of (See C.N.323.2018.TREATIES-IV.4 of 6 July 2018 national route PE-3SY, which encompasses the district of for the text of the notification.) Colquemarca, Province of Chumbivilcas, Department of Cusco, including the five hundred (500) metres adjacent to either side of the road corridor, for a period of thirty The Secretary-General received from the Government (30) calendar days, with effect from 30 October 2018 by of Peru a notification dated 17 August 2018, made under Supreme Decree No. 105-2018-PCM. article 4 (3) of the above Covenant, regarding the (See C.N.32.2019.TREATIES-IV.4 of 12 February declaration of the state of emergency in the districts of 2019 for the text of the notification.) Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, Canayre, Uchuraccay, Pucacolpa and Luricocha in the The Secretary-General received from the Government Province of Huanta, and in the districts of San Miguel, of Peru a notification dated 28 January 2019, made under Anco, Ayna, Chungui, Oronccoy, Santa Rosa, Tambo, article 4 (3) of the above Covenant, regarding the Samugari, Anchihuay in the Province of La Mar, extension of the state of emergency declared over the Department of Ayacucho; in the districts of Pampas, stretch of the Apurímac-Cusco-Arequipa road corridor Huachocolpa, Quishuar, Salcabamba, Salcahuasi, that extends from kilometre 130 (Ref. Muyu Orcco Surcubamba, Tintaypuncu, Roble, Andaymarca, Daniel sector) to kilometre 160 (Ref. Tiendayoc sector) of Hernández and Colcabamba in the Province of Tayacaja, national route PE-3SY, which encompasses the district of and in the districts of Chinchihuasi, Churcampa, La Colquemarca, Province of Chumbivilcas, Department of Merced, Pachamarca, Paucarbamba, San Pedro de Coris Cusco, including the five hundred (500) metres adjacent in the Province of Churcampa, Department of to either side of the road corridor, for a period of thirty Huancavelica; in the districts of Echarate, Megantoni, (30) calendar days, with effect from 29 November 2018 Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina by Supreme Decree No. 115-2018-PCM. and Villa Virgen in the Province of La Convención, (See C.N.33.2019.TREATIES-IV.4 of 12 Department of Cusco; and in the districts of Llaylla, February 2019 for the text of the notification.) Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene The Secretary-General received from the Government and Río Tambo in the Province of Satipo, in the districts of Peru a notification dated 28 January 2019, made under of Andamarca and Comas in the Province of Concepción, article 4 (3) of the above Covenant, regarding the and in the districts of Santo Domingo de Acobamba and extension of the state of emergency declared over the Pariahuanca in the Province of Huancayo, Department of stretch of the Apurímac-Cusco-Arequipa road corridor Junín, for a period of sixty (60) calendar days, with effect that extends from kilometre 130 (Ref. Muyu Orcco from 2 August 2018 by Supreme Decree No. 078-2018- sector) to kilometre 160 (Ref. Tiendayoc sector) of PCM. national route PE-3SY, which encompasses the district of (See C.N.384.2018.TREATIES-IV.4 of 23 August Colquemarca, Province of Chumbivilcas, Department of 2018 for the text of the notification.) Cusco, including the five hundred (500) metres adjacent to either side of the road corridor, for a period of thirty The Secretary-General received from the Government (30) calendar days, with effect from 29 December 2018 of Peru a notification dated 28 January 2019, made under by Supreme Decree No. 128-2018-PCM. article 4 (3) of the above Covenant, regarding the (See C.N.34.2019.TREATIES-IV.4 of 12 February declaration of the state of emergency over the Apurímac- 2019 for the text of the notification.) Cusco-Arequipa road corridor, of an approximate length of 482.2 kilometres, extending from national route PE-3S X, located in the district of Progreso, Province of Grau, The Secretary-General received from the Government Department of Apurímac, to national route PE-34 A, of Peru a notification dated 28 January 2019, made under which ends in the small population centre of Pillones in article 4 (3) of the above Covenant, regarding the the district of San Antonio de Chuca, Province of declaration of a state of emergency in the in the Province Caylloma, Department of Arequipa, including the five of Putumayo, Department of Loreto, for a period of thirty hundred (500) metres adjacent to either side of the road (60) calendar days from 29 November 2018 by Supreme corridor, for a period of thirty (30) calendar days, with Decree No. 116-2018-PCM. effect from 30 August 2018 by Supreme Decree No. 091- (See C.N.24.2019. TREATIES-IV.4 of 5 February 2018-PCM. 2019 for the text of the notification.) (See C.N.30.2019.TREATIES-IV.4 of 12 February 2019 for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 28 January 2019, made under of Peru a notification dated 28 January 2019, made under article 4 (3) of the above Covenant, regarding the article 4 (3) of the above Covenant, regarding the extension of the state of emergency declared in the
IV 4. HUMAN RIGHTS 83 districts of Huanta, Ayahuanco, Santillana, Chaca, Sivia, (See C.N.178.2019. TREATIES-IV.4 of 14 May 2019 Llochegua, Canayre, Uchuraccay, Pucacolpa and for the text of the notification.) Luricocha in the Province of Huanta, and in the districts The Secretary-General received from the Government of San Miguel, Anco, Ayna, Chungui, Oronccoy, Santa of Peru a notification dated 29 April 2019, made under Rosa, Tambo, Samugari, Anchihuay in the Province of La article 4 (3) of the above Covenant, regarding the Mar, Department of Ayacucho; in the districts of Pampas, declaration of a state of emergency in the districts of Huachocolpa, Quishuar, Salcabamba, Salcahuasi, Puerto Inca, Tournavista, Yuyapichis, Codo del Pozuzo Surcubamba, Tintaypuncu, Roble, Andaymarca, Daniel and Honoria in the Province of Puerto Inca (Department Hernández and Colcabamba in the Province of Tayacaja, of Huánuco) and in the districts of Constitución, Palcazú and in the districts of Chinchihuasi, Churcampa, La and Puerto Bermúdez in the Province of Oxapampa Merced, Pachamarca, Paucarbamba, San Pedro de Coris (Department of Pasco), for a period of thirty (30) calendar in the Province of Churcampa, Department of days effective 28 March 2019, by Supreme Decree No. Huancavelica; in the districts of Echarate, Megantoni, 050-2019-PCM. Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina (See C.N.180.2019. TREATIES-IV.4 of 14 May 2019 and Villa Virgen in the Province of La Convención, for the text of the notification.) Department of Cusco; and in the districts of Llaylla, Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene The Secretary-General received from the Government and Río Tambo in the Province of Satipo, in the districts of Peru a notification dated 29 April 2019, made under of Andamarca and Comas in the Province of Concepción, article 4 (3) of the above Covenant, regarding the and in the districts of Santo Domingo de Acobamba and extension of the state of emergency declared over the Pariahuanca in the Province of Huancayo, Department of stretch of the Apurímac-Cusco-Arequipa road corridor Junín, for a period of sixty (60) calendar days, with effect that extends from kilometre 130 (Ref. Muyu Orcco from 1st October 2018 by Supreme Decree No. 099-2018- sector) to kilometre 160 (Ref. Tiendayoc sector) of PCM. national route PE-3SY, which encompasses the district of (See C.N.22.2019.TREATIES-IV.4 of 5 February Colquemarca, Province of Chumbivilcas, Department of 2019 for the text of the notification.) Cusco, including the five hundred (500) metres adjacent to either side of the road corridor, for a period of thirty (30) calendar days, with effect from 27 February 2019 by The Secretary-General received from the Government Supreme Decree No. 038-2019-PCM. of Peru a notification dated 28 January 2019, made under (See C.N.175.2019.TREATIES-IV.4 of 14 May 2019 article 4 (3) of the above Covenant, regarding the for the text of the notification.) extension of the state of emergency declared in the districts of Huanta, Ayahuanco, Santillana, Chaca, Sivia, Llochegua, Canayre, Uchuraccay, Pucacolpa and The Secretary-General received from the Government Luricocha in the Province of Huanta, and in the districts of Peru a notification dated 29 April 2019, made under of San Miguel, Anco, Ayna, Chungui, Oronccoy, Santa article 4 (3) of the above Covenant, regarding the Rosa, Tambo, Samugari, Anchihuay in the Province of La extension of the state of emergency declared over the Mar, Department of Ayacucho; in the districts of Pampas, stretch of the Apurímac-Cusco-Arequipa road corridor Huachocolpa, Quishuar, Salcabamba, Salcahuasi, that extends from kilometre 130 (Ref. Muyu Orcco Surcubamba, Tintaypuncu, Roble, Andaymarca, Daniel sector) to kilometre 160 (Ref. Tiendayoc sector) of Hernández and Colcabamba in the Province of Tayacaja, national route PE-3SY, which encompasses the district of and in the districts of Chinchihuasi, Churcampa, La Colquemarca, Province of Chumbivilcas, Department of Merced, Pachamarca, Paucarbamba, San Pedro de Coris Cusco, including the five hundred (500) metres adjacent in the Province of Churcampa, Department of to either side of the road corridor, for a period of fifteen Huancavelica; in the districts of Echarate, Megantoni, (15) calendar days, with effect from 28 March 2019 by Kimbiri, Pichari, Vilcabamba, lnkawasi, Villa Kintiarina Supreme Decree No. 056-2019-PCM. and Villa Virgen in the Province of La Convención, (See C.N.177.2019.TREATIES-IV.4 of 14 May 2019 Department of Cusco; and in the districts of Llaylla, for the text of the notification.) Mazamari, Pampa Hermosa, Pangoa, Vizcatán del Ene and Río Tambo in the Province of Satipo, in the districts of Andamarca and Comas in the Province of Concepción, The Secretary-General received from the Government and in the districts of Santo Domingo de Acobamba and of Peru a notification dated 29 April 2019, made under Pariahuanca in the Province of Huancayo, Department of article 4 (3) of the above Covenant, regarding the Junín, for a period of sixty (60) calendar days, with effect extension of the state of emergency declared over the from 30 November 2018 by Supreme Decree No. 117- stretch of the Apurímac-Cusco-Arequipa road corridor 2018-PCM. that extends from kilometre 130 (Ref. Muyu Orcco (See C.N.23.2019.TREATIES-IV.4 of 5 February sector) to kilometre 160 (Ref. Tiendayoc sector) of 2019 for the text of the notification.) national route PE-3SY, which encompasses the district of Colquemarca, Province of Chumbivilcas, Department of The Secretary-General received from the Government Cusco, including the five hundred (500) metres adjacent of Peru a notification dated 29 April 2019, made under to either side of the road corridor, for a period of thirty article 4 (3) of the above Covenant, regarding the (30) calendar days, with effect from 25 January 2019 by declaration of a state of emergency in the districts of Supreme Decree No. 008-2019-PCM. Tambopata, Inambari, Las Piedras and Laberinto in the (See C.N.174.2019.TREATIES-IV.4 of 14 May 2019 Province of Tambopata (Department of Madre de Dios), for the text of the notification.) for a period of sixty (60) calendar days effective 18 February 2019, by Supreme Decree No. 028-2019-PCM. (See C.N.176.2019. TREATIES-IV.4 of 14 May 2019 The Secretary-General received from the Government for the text of the notification.) of Peru a notification dated 19 August 2019, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 29 April 2019, made under declaration of the state of emergency by Supreme Decree article 4 (3) of the above Covenant, regarding the No. 009-2019-PCM for a period of sixty (60) days, with declaration of a state of emergency in the Province of effect from 29 January 2019 until 29 March 2019, in Putumayo (Department of Loreto), for a period of sixty districts of Ayahuanco, Santillana, Sivia, Llochegua, (60) calendar days effective 28 February 2019, by Canayre, Uchuraccay , and Pucacolpa of the province of Supreme Decree No. 041-2019-PCM. Huanta and in the districts of Anco, Ayna, Chungui, Santa
IV 4. HUMAN RIGHTS 84 Rosa, Samugari, Anchihuay, of the province of La Mar of article 4 (3) of the above Covenant, regarding the the department of Ayacucho; in the districts of, extension of the state of emergency declared in the Huachocolpa, Surcubamba, Tintaypuncu, Roble, districts of Puerto Inca, Tournavista, Yuyapichis, Codo Andaymarca and Colcabamba of the province of Tayacaja del Pozuzo and Honoria in the Province of Puerto Inca and in the districts of Chinchihuasi, Pachamarca, San (Department of Huánuco) and in the districts of Pedro de Goris of the province of Churcampa of the Constitución, Palcazú and Puerto Bermúdez in the department of Huancavelica; in the districts of Echarate, Province of Oxapampa (Department of Pasco), for a Kimbiri, Pichari, Villa Kintiarina and Villa Virgen in the period of sixty (60) calendar days, with effect from 28 province of La Convencion in the department of Cusco; May 2019 by Supreme Decree No. 097-2019-PCM. and, in the districts of Mazamari, Pangoa, Vizcatan of the (See C.N.411.2019.TREATIES-IV.4 of 6 September Eney Rio Tambe of the province of Satipo, in the district 2019 for the text of the notification.) of Andamarca of the province of Concepción and in the districts of Santo Domingo de Acobamba and Pariahuanca of the province of Huancayo, of the The Secretary-General received from the Government department of Junin. of Peru a notification dated 19 August 2019, made under (See C.N.406.2019.TREATIES-IV.4 of 6 September article 4 (3) of the above Covenant, regarding the 2019 for the text of the notification.) extension of the state of emergency declared in the districts of Ayahuanco, Santillana, Sivia, Llochegua, Canayre, Uchuraccay , and Pucacolpa of the province of The Secretary-General received from the Government Huanta and in the districts of Anco, Ayna, Chungui, Santa of Peru a notification dated 19 August 2019, made under Rosa, Samugari, Anchihuay, of the province of La Mar of article 4 (3) of the above Covenant, regarding the the department of Ayacucho; in the districts of, extension of the state of emergency declared in the Huachocolpa, Surcubamba, Tintaypuncu, Roble, districts of the provinces of Huanta and La Mar Andaymarca and Colcabamba of the province of Tayacaja (Ayacucho); in the provinces of Tayacaja and Churcampa and in the districts of Chinchihuasi, Pachamarca, San (Huancavelica); in the province of La Convención Pedro de Goris of the province of Churcampa of the (Cusco); and, in the provinces of Satipo, Concepción and department of Huancavelica; in the districts of Echarate, Huancayo (Junin), for a period of sixty (60) days, with Kimbiri, Pichari, Villa Kintiarina and Villa Virgen in the effect from 30 March 2019 until 28 May 2019 by province of La Convencion in the department of Cusco; Supreme Decree No. 055-2019-PCM. and, in the districts of Mazamari, Pangoa, Vizcatan of the (See C.N.407.2019.TREATIES-IV.4 of 6 Eney Rio Tambe of the province of Satipo, in the district September 2019 for the text of the notification.) of Andamarca of the province of Concepción and in the districts of Santo Domingo de Acobamba and The Secretary-General received from the Government Pariahuanca of the province of Huancayo, of the of Peru a notification dated 19 August 2019, made under department of Junin, for a period of sixty (60) days, with article 4 (3) of the above Covenant, regarding the end of effect from 29 May 2019 by Supreme Decree No. 102- the state of emergency declared in the district of 2019-PCM. Challhuahuacho, Province of Cotabambas, Department of (See C.N.413.2019.TREATIES-IV.4 of 6 September Apurimac, as well as the end of the extension of the state 2019 for the text of the notification.) of emergency over the part of the Apurímac-Cusco- Arequipa road corridor, provided for in the Supreme Decree No. 067-2019-PCM. The Secretary-General received from the Government (See C.N.408.2019.TREATIES-IV.4 of 6 September of Peru a notification dated 19 August 2019, made under 2019 for the text of the notification.) article 4 (3) of the above Covenant, regarding the extension of the state of emergency declared in the districts of Madre de Dios and Huepetuhe in the Province The Secretary-General received from the Government of Manu, and in the districts of Tambopata, Inambari, Las of Peru a notification dated 19 August 2019, made under Piedras and Laberinto in the Province of Tambopata, article 4 (3) of the above Covenant, regarding the Department of Madre de Dios, for a period of sixty (60) declaration of the state of emergency declared in the days, with effect from 19 June 2019 by Supreme Decree districts of Madre de Dios and Huepetuhe in the Province No. 116-2019-PCM. of Manu, Department of Madre de Dios, for a period of (See C.N.414.2019.TREATIES-IV.4 of 6 September sixty (60) days, with effect from 20 April 2019 by 2019 for the text of the notification.) Supreme Decree No. 079-2019-PCM. The Supreme Decree extends furthermore the state of emergency for a period of sixty (60) calendar days, with effect from 20 The Secretary-General received from the Government April 2019, in the districts of Tambopata, Inambari, Las of Peru a notification dated 19 August 2019, made under Piedras and Laberinto in the Province of Tambopata, article 4 (3) of the above Covenant, regarding the Department of Madre de Dios. extension of the state of emergency declared in the (See C.N.409.2019.TREATIES-IV.4 of 6 September districts of Ayahuanco, Santillana, Sivia, Llochegua, 2019 for the text of the notification.) Canayre, Uchuraccay , and Pucacolpa of the province of Huanta and in the districts of Anco, Ayna, Chungui, Santa Rosa, Samugari, Anchihuay, of the province of La Mar of The Secretary-General received from the Government the department of Ayacucho; in the districts of of Peru a notification dated 19 August 2019, made under Huachocolpa, Surcubamba, Tintaypuncu, Roble, article 4 (3) of the above Covenant, regarding the Andaymarca and Colcabamba of the province of Tayacaja extension of the state of emergency declared in the and in the districts of Chinchihuasi, Pachamarca, San Province of Putumayo, Department of Loreto, for a period Pedro de Goris of the province of Churcampa of the of sixty (60) days, with effect from 30 April 2019 by department of Huancavelica; in the districts of Echarate, Supreme Decree No. 088-2019-PCM. Kimbiri, Pichari, Villa Kintiarina and Villa Virgen in the (See C.N.410.2019.TREATIES-IV.4 of 6 September province of La Convención in the department of Cusco; 2019 for the text of the notification.) and, in the districts of Mazamari, Pangoa, Vizcátan del Eney, Río Tambe of the province of Satipo, in the district of Andamarca of the province of Concepción and in the The Secretary-General received from the Government districts of Santo Domingo de Acobamba and of Peru a notification dated 19 August 2019, made under Pariahuanca of the province of Huancayo of the
IV 4. HUMAN RIGHTS 85 department of Junín, for a period of sixty (60) days, with Campoverde in the Province of Coronel Portillo, and in effect from 28 July 2019 by Supreme Decree No. 135- the districts of Neshuya and Alexander Von Humboldt in 2019-PCM. the Province of Padre Abad, Department of Ucayali, for a (See C.N.415.2019.TREATIES-IV.4 of 6 September period of sixty (60) calendar days, with effect from 25 2019 for the text of the notification.) September 2019, by Supreme Decree No. 164-2019- PCM. The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 7 November 2019, made of Peru a notification dated 19 August 2019, made under under article 4 (3) of the above Covenant, regarding the article 4 (3) of the above Covenant, regarding the extension of the state of emergency in the districts of extension of the state of emergency declared in the Puerto Inca, Tournavista, Yuyapichis, Codo del Pozuzo districts of Puerto Inca, Tournavista, Yuyapichis, Codo and Honoria in the Province of Puerto Inca, Department del Pozuzo and Honoria in the Province of Puerto Inca of Huánuco, and in the districts of Constitución, Palcazú (Department of Huánuco) and in the districts of and Puerto Bermúdez in the Province of Oxapampa, Constitución, Palcazú and Puerto Bermúdez in the Department of Pasco, for a period of sixty (60) calendar Province of Oxapampa (Department of Pasco), for a days, with effect from 25 September 2019, by Supreme period of sixty (60) days, with effect from 27 July 2019, Decree No. 164-2019-PCM. by Supreme Decree No. 137-2019-PCM. (See C.N.603.2019.TREATIES-IV.4 of 3 (See C.N.416.2019.TREATIES-IV.4 of 6 September December 2019 for the text of the notification.) 2019 for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 7 November 2019, made under article 4 (3) of the above Covenant, regarding the The Secretary-General received from the Government extension of the state of emergency in the districts of of Peru a notification dated 19 August 2019, made under Ayahuanco, Santillana, Sivia, Llochegua, Canayre, article 4 (3) of the above Covenant, regarding the Uchuraccay and Pucacolpa of the Province of Huanta and extension of the state of emergency declared in the in the districts of Anco, Ayna, Chungui, Santa Rosa, districts of Madre de Dios and Huepetuhe in the Province Samugari, Anchihuay of the Province of La Mar of the of Manu, and in the districts of Tambopata, Inambari, Las department of Ayacucho; in the districts of Huachocolpa, Piedras and Laberinto in the Province of Tambopata, Surcubamba, Tintaypuncu, Roble, Andaymarca and Department of Madre de Dios, for a period of sixty (60) Colcabamba of the Province of Tayacaja and in the calendar days, with effect from 18 August 2019 by districts of Chinchihuasi, Pachamarca, San Pedro de Coris Supreme Decree No. 147-2019-PCM. of the Province of Churcampa of the department of (See C.N.417.2019.TREATIES-IV.4 of 6 September Huancavelica; in the districts of Echarate, Kimbiri, 2019 for the text of the notification.) Pichari, Villa Kintiarina and Villa Virgen of the Province of La Convención in the Department of Cusco; and, in the The Secretary-General received from the Government districts of Mazamari, Pangoa, Vizcátan del Ene, Río of Peru a notification dated 19 August 2019, made under Tambo of the Province of Satipo, in the district of article 4 (3) of the above Covenant, regarding the Andamarca of the Province of Concepción and in the declaration of the state of emergency in the Provinces of districts of Santo Domingo de Acobamba and Putumayo and Mariscal Ramón Castilla in the Pariahuanca of the Province of Huancayo of the Department of Loreto, for a period of sixty (60) calendar Department of Junín, for a period of sixty (60) calendar days, with effect from 27 July 2019 by Supreme Decree days, with effect from 26 September until 24 November No. 136-2019-PCM. 2019, by Supreme Decree No. 160-2019-PCM. (See C.N.581.2019.TREATIES-IV.4 of 18 November (See C.N.602.2019.TREATIES-IV.4 of 3 December 2019 for the text of the notification.) 2019 for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 7 November 2019, made of Peru a notification dated 7 November 2019, made under article 4 (3) of the above Covenant, regarding the under article 4 (3) of the above Covenant, regarding the declaration of the state of emergency over the part of the extension of the state of emergency in the Provinces of road corridor Vial Apurímac – Cusco – Arequipa, Putumayo and Mariscal Ramón Castilla in the including the five hundred meters adjacent to each side of Department of Loreto, for a period of sixty (60) calendar the road, in the sections covered by the districts of days, with effect from 25 September 2019, by Supreme Ccapacmarca, Colquemarca, Chamaca and Velille of the Decree No. 159-2019-PCM. Province of Chumbivilvas of the Department of Cusco, (See C.N.600.2019.TREATIES-IV.4 of 3 for a period of thirty (30) calendar days, with effect from December 2019 for the text of the notification.) 16 October 2019, by Supreme Decree No. 169-2019- The Secretary-General received from the Government PCM. of Peru a notification dated 17 December 2019, made (See C.N.604.2019.TREATIES-IV.4 of 3 under article 4 (3) of the above Covenant, regarding the December 2019 for the text of the notification.) extension of the state of emergency in the districts of The Secretary-General received from the Government Puerto Inca, Tournavista, Yuyapichis, Codo del Pozuzo of Peru a notification dated 7 November 2019, made and Honoria in the Province of Puerto Inca, Department under article 4 (3) of the above Covenant, regarding the of Huánuco, and in the districts of Constitución, Palcazú extension of the state of emergency in the districts of and Puerto Bermúdez in the Province of Oxapampa, Tambopata, Inambari, Las Piedras and Laberinto in the Department of Pasco, for a period of sixty (60) calendar Province of Tambopata and in the districts of Madre de days, with effect from 24 November 2019, by Supreme Dios and Huepetuhe in the Province of Manu, Department Decree No. 182-2019-PCM. of Madre de Dios, for a period of sixty (60) calendar days, (See C.N.622.2019.TREATIES-IV.4 of 24 December with effect from 17 October 2019, by Supreme Decree 2019 for the text of the notification.) No. 170-2019-PCM. (See C.N.601.2019.TREATIES-IV.4 of 3 The Secretary-General received from the Government December 2019 for the text of the notification.) of Peru a notification dated 17 December 2019, made The Secretary-General received from the Government under article 4 (3) of the above Covenant, regarding the of Peru a notification dated 7 November 2019, made extension of the state of emergency in the districts of under article 4 (3) of the above Covenant, regarding the Ayahuanco, Santillana, Sivia, Llochegua, Canayre, declaration of the state of emergency in the district of Uchuraccay and Pucacolpa of the Province of Huanta and
IV 4. HUMAN RIGHTS 86 in the districts of Anco, Ayna, Chungui, Santa Rosa, of fourteen (14) calendar days, from 11 May 2020 to 24 Samugari, Anchihuay of the Province of La Mar of the May 2020, by Supreme Decree No. 083-2020-PCM of 10 department of Ayacucho; in the districts of Huachocolpa, May 2020. Surcubamba, Tintaypuncu, Roble, Andaymarca and (See C.N.166.2020.TREATIES-IV.4 of 18 May Colcabamba of the Province of Tayacaja and in the 2020 for the text of the notification.) districts of Chinchihuasi, Pachamarca, San Pedro de Coris The Secretary-General received from the Government of the Province of Churcampa of the department of of Peru a notification dated 24 May 2020, made under Huancavelica; in the districts of Echarate, Kimbiri, article 4 (3) of the above Covenant, regarding the Pichari, Villa Kintiarina and Villa Virgen of the Province extension of the state of national emergency from 25 May of La Convención in the Department of Cusco; and, in the 2020 to 30 June 2020 by Supreme Decree No. 094-2020- districts of Mazamari, Pangoa, Vizcátan del Ene, Río PCM of 23 May 2020. Tambo of the Province of Satipo, in the district of (See C.N.181.2020.TREATIES-IV.4 of 2 June Andamarca of the Province of Concepción and in the 2020 for the text of the notification.) districts of Santo Domingo de Acobamba and The Secretary-General received from the Government Pariahuanca of the Province of Huancayo of the of Peru a notification dated 29 June 2020, made under Department of Junín, for a period of thirty (30) calendar article 4 (3) of the above Covenant, regarding the days, with effect from 25 November until 24 December extension of the state of national emergency from 1 to 31 2019, by Supreme Decree No. 183-2019-PCM. July 2020 by Supreme Decree No. 116-2020-PCM of 26 (See C.N.623.2019.TREATIES-IV.4 of 24 December June 2019. 2019 for the text of the notification.) (See C.N.276.2020.TREATIES-IV.4 of 1 July 2020 for the text of the notification.) The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 17 December 2019, made of Peru a notification dated 4 August 2020, made under under article 4 (3) of the above Covenant, regarding the article 4 (3) of the above Covenant, regarding the extension of the state of emergency in the Provinces of extension of the state of national emergency from 1 to 31 Putumayo and Mariscal Ramón Castilla in the August 2020 by Supreme Decree No. 135-2020-PCM of Department of Loreto, for a period of sixty (60) calendar 31 July 2020. days, with effect from 24 November 2019, by Supreme (See C.N.351.2020.TREATIES-IV.4 of 24 August Decree No. 184-2019-PCM. 2020 for the text of the notification.) (See C.N.624.2019.TREATIES-IV.4 of 24 December 2019 for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 2 September 2020, made The Secretary-General received from the Government under article 4 (3) of the above Covenant, regarding the of Peru a notification dated 19 March 2020, made under extension of the state of national emergency and targeted article 4 (3) of the above Covenant, regarding the quarantine in various provinces and departments by declaration of a state of national emergency for a period Supreme Decree No. 146-2020-PCM of 28 August 2020. of fifteen (15) calendar days by Supreme Decrees No. (See C.N.392.2020.TREATIES-IV.4 of 14 September 044-2020-PCM of 15 March 2020, No. 045-2020-PCM of 2020 for the text of the notification.) 17 March 2020 and No. 046-2020-PCM of 18 March 2020. (See C.N.123.2020.TREATIES-IV.4 of 3 April 2020 The Secretary-General received from the Government for the text of the notification.) of Peru a notification dated 6 October 2020, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 27 March 2020, made under extension of the state of national emergency and targeted article 4 (3) of the above Covenant, regarding the quarantine in various provinces and departments by extension of the state of national emergency for a period Supreme Decree No. 156-2020-PCM of 26 September of thirteen (13) calendar days by Supreme Decree No. 2020. 051-2020-PCM of 27 March 2020. (See C.N.526.2020.TREATIES-IV.4 of 10 November (See C.N.126.2020.TREATIES-IV.4 of 7 April 2020 2020 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 7 November 2020, made The Secretary-General received from the Government under article 4 (3) of the above Covenant, regarding the of Peru a notification dated 10 April 2020, made under extension of the state of national emergency by Supreme article 4 (3) of the above Covenant, regarding the Decree No. 174-2020-PCM of 29 October 2020. extension of the state of national emergency for a period (See C.N.527.2020.TREATIES-IV.4 of 10 November of fourteen (14) calendar days, from 13 April 2020 to 26 2020 for the text of the notification.) April 2020, by Supreme Decree No. 064-2020-PCM of 9 The Secretary-General received from the Government April 2020. of Peru a notification dated 2 December 2020, made (See C.N.133.2020.TREATIES-IV.4 of 21 April 2020 under article 4 (3) of the above Covenant, regarding the for the text of the notification.) extension of the state of national emergency by Supreme Decree No. 184-2020-PCM of 30 November 2020. (See C.N.553.2020.TREATIES-IV.4 of 11 December The Secretary-General received from the Government 2020 for the text of the notification.) of Peru a notification dated 25 April 2020, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 18 January 2021, made under extension of the state of national emergency for a period article 4 (3) of the above Covenant, regarding the of fourteen (14) calendar days, from 27 April 2020 to 10 extension of the state of national emergency by Supreme May 2020, by Supreme Decree No. 075-2020-PCM of 25 Decree No. 201-2020-PCM of 21 December 2020. April 2020. (See C.N.7.2021.TREATIES-IV.4 of 19 January 2021 (See C.N.152.2020.TREATIES-IV.4 of 1 May 2020 for the text of the notification.) for the text of the notification.) The Secretary-General received from the Government of Peru a notification dated 1 February 2021, made under The Secretary-General received from the Government article 4 (3) of the above Covenant, regarding the of Peru a notification dated 10 May 2020, made under extension of the state of national emergency by Supreme article 4 (3) of the above Covenant, regarding the Decree No. 008-2021-PCM of 27 January 2021. extension of the state of national emergency for a period
IV 4. HUMAN RIGHTS 87 (See C.N.55.2021.TREATIES-IV.4 of 2 February cut back and along with the stabilizing of the situation, 2021 for the text of the notification.) will be successively terminated." The Secretary-General received from the Government Basing on the law by the Diet (Seym) of the Polish of Peru a notification dated 4 March 2021, made under People's Republic of 18 December 1982 concerning article 4 (3) of the above Covenant, regarding the special legal regulation in the time of suspension of extension of the state of national emergency by Supreme martial law, derogation from Covenant's articles 9, 12 Decree No. 036-2021-PCM of 27 February 2021. paragraphs 1 and 2, articles 21 and 22, has been (See C.N.87.2021.TREATIES-IV.4 of 10 March 2021 terminated as of 31 December 1982. for the text of the notification.) By terms of the same law as well as a result of earlier successive measures, restrictions in the application of The Secretary-General received from the Government Covenant provisions which are still derogated from, of Peru a notification dated 1 April 2021, made under namely article 14 paragraph 5 and article 19 paragraph 2, article 4 (3) of the above Covenant, regarding the have also been considerably reduced. extension of the state of national emergency by Supreme For instance, with reference to Covenant's article 14 Decree No. 058-2021-PCM of 27 March 2021. paragraph 5, emergency procedures have been lifted in (See C.N.116.2021.TREATIES-IV.4 of 6 April 2021 relation to crimes and offences committed in social for the text of the notification.) conflicts out of political motivations, they have only been The Secretary-General received from the Government retained with regard to crimes most dangerous to State's of Peru a notification dated 5 May 2021, made under basic economic interests as well as to life, health and article 4 (3) of the above Covenant, regarding the property of its citizens. extension of the state of national emergency by Supreme Termination as from 22 July 1983 of derogations. Decree No. 076-2021-PCM of 17 April 2021. (See C.N.139.2021.TREATIES-IV.4 of 6 May 2021 for the text of the notification.) REPUBLIC OF MOLDOVA The Secretary-General received from the Government The Secretary-General received from the Government of Peru a notification dated 4 June 2021, made under of the Republic of Moldova a notification dated 18 March article 4 (3) of the above Covenant, regarding the 2020, made under article 4 (3) of the above Covenant, extension of the state of national emergency by Supreme regarding the declaration of a state of emergency on the Decree No. 105-2021-PCM of 27 May 2021. entirety of the territory of the Republic of Moldova, from (See C.N.166.2021.TREATIES-IV.4 of 8 June 2021 17 March to 15 May 2020, pursuant to a Decision adopted for the text of the notification.) by the Parliament of the Republic on 17 March 2020. (See C.N.164.2020.TREATIES-IV.4 of 15 May 2020 The Secretary-General received from the Government for the text of the notification.) of Peru a notification dated 2 July 2021, made under article 4 (3) of the above Covenant, regarding the extension of the state of national emergency by Supreme Decree No. 123-2021-PCM of 18 June 2021. The Secretary-General received from the Government (See C.N.210.2021.TREATIES-IV.4 of 7 July 2021 of the Republic of Moldova a notification dated 18 May for the text of the notification.) 2020, made under article 4 (3) of the above Covenant, regarding the expiration of the state of emergency on 15 May 2020 bringing to an end the derogations. The Secretary-General received from the Government (See C.N.169.2020.TREATIES-IV.4 of 19 May 2020 of Peru a notification dated 4 August 2021, made under for the text of the notification.) article 4 (3) of the above Covenant, regarding the extension of the state of national emergency by Supreme Decree No. 131-2021-PCM of 10 July 2021. The Secretary-General received from the Government (See C.N.249.2021.TREATIES-IV.4 of 4 August of the Republic of Moldova a notification dated 1 April 2021 for the text of the notification.) 2021, made under article 4 (3) of the above Covenant, regarding the declaration of a state of emergency on the The Secretary-General received from the Government entirety of the territory of the Republic of Moldova, from of Peru a notification dated 25 August 2021, made under 1 April to 30 May 2021, pursuant to a Decision adopted article 4 (3) of the above Covenant, regarding the by the Parliament of the Republic on 31 March 2021. extension of the state of national emergency by Supreme (See C.N.126.2021.TREATIES-IV.4 of 9 April 2021 Decree No. 149-2021-PCM of 22 August 2021. for the text of the notification.) (See C.N.260.2021.TREATIES-IV.4 of 25 August 2021 for the text of the notification.) The Secretary-General received from the Government of the Republic of Moldova a notification dated 29 April 2021, made under article 4 (3) of the above Covenant, POLAND regarding the termination of the state of emergency on 28 "In connection with the proclamation of martial law by April 2021 bringing to an end the derogations of the the Council of State of the Polish People's Republic, as Republic of Moldova from the application of certain based on article 33, paragraph 2, of Poland's Constitution, provisions of the Covenant. (See there has been temporary derogation from or limitation of C.N.137.2021.TREATIES-IV.4 of 30 April 2021 for the application of provisions of articles 9, 12 (paragraphs1 text of the notification.) and 2), 14 (paragraph 5), 19 (paragraphs 2, 21 and 22) of the Covenant, to the extent strictly required by the ROMANIA exigencies of the situation ... The Secretary-General received from the Government Temporary limitation of certain rights of citizens has of Romania a notification dated 20 March 2020, made been prompted by the supreme national interest. It was under article 4 (3) of the above Covenant, regarding the caused by the exigencies of averting a civil war, economic declaration on 16 March 2020 of a state of emergency in anarchy as well as destabilization of state and social the territory of Romania for a period of thirty days by structures ... Decree no. 195. The restrictive measures in question are of a (See C.N.121.2020.TREATIES-IV.4 of 1 April 2020 temporary nature. They have already been considerably for the text of the notification.)
IV 4. HUMAN RIGHTS 88 The Secretary-General received from the Government (Dated 23 March 1990) of Romania a notification dated 21 April 2020, made Establishment of the state of emergency as from 12 under article 4 (3) of the above Covenant, regarding the February 1990 in Dushanbe (Tadzhik SSR) because of extension as of 15 March 2020 of a state of emergency in widespread disorders, arson and other criminal acts which the territory of Romania for a period of thirty days by resulted in a threat to the citizens. Articles 9, 12 and 21 of Decree no. 240/2020. the Covenant were accordingly suspended. (See C.N.151.2020.TREATIES-IV.4 of 1 May (Dated 3 November 1992) 2020 for the text of the notification.) Establishment of the state of emergency from 2 p.m. The Secretary-General received from the Government on 2 November 1992 to 2 p.m. on 2 December 1992 in of Romania a notification dated 14 May 2020, made the territory of the North Ossetian SSR and the Ingush under article 4 (3) of the above Covenant, regarding the Republic as a result of the serious deterioration in the termination of the state of emergency in the territory of situation with mass disturbances and conflicts between Romania on 14 May 2020 (24:00 hrs). minorities accompanied by violence involving the use of (See C.N.175.2020.TREATIES-IV.4 of 27 May 2020 weapons and military equipment and leading to the loss of for the text of the notification.) human lives, and also in view of the threat to the security and territorial integrity of the Russian Federation. Articles 9, 12, 19, 21 and 22 of the Covenant were RUSSIAN FEDERATION accordingly suspended. (Dated 13 October 1988) (Dated 7 April 1993) [Owing to] nationalistic clashes in the Soviet Union in Establishment of thetate of emergency from 1400 the Nagorno-Karabach Autonomous Region and the hours on 31 March 1993 to 1400 hours on 31 May 1993 Agdam district of the Azerbaydzhan Soviet Socialist in the Prigorodny district and adjacent areas of the North Republic [and to] contraventions of public order, Ossetian SSR and part of the Nazran district of the Ingush accompanied in a number of cases by the use of weapons, Republic due to "the continuing deterioration of the [which] have unfortunately resulted in casualties and situation in parts of the North Ossetian Socialist Republic damage to the property of the State and of private and the Ingush Republic, popular unrest and inter-ethnic individuals [and owing to the attack of] some State conflicts, accompanied by violence involving the use of institutions ... a state of emergency has been temporarily arms and military equipment". imposed, and a curfew is in effect, in the Nagorno- The provisions from which it has derogated are Karabach Autonomous Region and the Agdam district of articles 9, 12, 19, 21 and 22 of the Covenant. the Azerbaydzhan SSR, as of 21 September 1988. The (Dated 10 August 1993) state of emergency has been imposed in order to restore Proclamation of the state of emergency by Decree No. public order, protect citizens' individual and property 1149 of 27 and 30 July 1993, as from 31 July 1993 at rights and enforce strict compliance with the law, in 1400 hours until 30 September 1993 at 1400 hours in the accordance with the powers conferred by the Presidium of territories of the Mozdok district, the Prigorodny district the Supreme Soviet of the USSR. and adjacent localities of the North Ossetian Soviet While the state of emergency is in force, Socialist Republic (SSR) and the Malgobek and Nazran demonstrations, rallies, meetings and strikes are banned. districts of the Ingush Republic due to the deterio ration The movements of civilians and vehicles are restricted of the situation in certain parts of these territories. between 9 p.m. and 6 a.m. These restrictions represent a The provisions from which it has derogated are partial departure from the provisions of articles 12 and 21 articles 12 (1), 13, 17(1), 19(2), 21 and 22. of the International Covenant on Civil and Political (Dated 4 October 1993) Rights. Steps to ensure the safety of civilians and Proclamation of the state of emergency as from 3 maintain public order are being taken by units of the October 1993 at 4 p.m. to 10 October 1993 at 4 p.m. in militia and the armed forces. The local and central organs the city of Moscow "in connection with the attempts of of power and government are taking steps to normalize extremist forces to provoke mass violence through the situation; and elucidation effort is in progress, with the organized attacks against the representatives of authority aim of preventing criminal acts and incitement to national and the Police". The provisions from which it has hatred. derogated are articles 12(1), 13, 19(2) and 22. Further [information will be provided as concerns] the (Dated 21 October 1993) date on which the state of emergency is lifted after the Extension of the state of emergency in the city of normalization of the situation. Moscow pursuant to Decree No. 1615 of 9 October 1993 (Dated 15 January 1990) until 18 October 1993 at 5 a.m. owing to "the need to Proclamation of the state of emergency as from 11 ensure further normalization of the situation in Moscow, p.m. local time on 15 January 1990, in territory of the strengthen the rule of law and ensure the security of the Nagorno-Karabach autonomous region, the regions of the inhabitants after the attempted armed coup d'état of 3-4 Azerbaijan SSR adjacent thereto, the Gorissa region of October 1993 the Armenian SSR and the border zone along the state Teration of the state of emergency established in frontier between the USSR and the territory of the Moscow pursuant to Decree of 3 October 1993 and Azerbaijan SSR. The state of emergency was proclaimed extended pursuant to Decree of 9 October 1993, as from owing to incitement by extremist groups which are 18 October 1993 at 5 a.m. organizing disorders, stirring up dissension and hostility (Dated 28 October 1993) between nationalities, and do not hesitate to mine roads, Proclamation of the state of emergency pursuant to open fire in inhabited areas and take hostages. Articles 9, Presidential Decree of 29 September 1993 as from 30 12, 19, 21 and 22 of the Covenant were accordingly September 1993 at 1400 hours until 30 November 1993 at suspended. 1400 hours in the territories of the Mozdok district, the (Dated 29 January 1990) Prigorodny district and adjacent localities of the North Proclamation of the state of emergency, as from 20 Ossetian Soviet Socialist Republic and the Malgobek and January in the city of Baku and application to that Nazran districts of the Ingush Republic. The Government territory of the Decree adopted by the Presidium of the of the Russian Federation specified that the reasons for Supreme Soviet of the USSR on 15 January 1990, in the the state of emergency were the deterioration of the light of massive disorders organized by criminal extremist situation in a number of districts of the North Ossetian forces to overthrow the Government, and also with a view Soviet Socialist Republic and the Ingush Republic as a to ensure the protection and security of citizens. Articles result of the non-implementation of the agreements 9, 12, 19, 21 and 22 of the Covenant are accordingly concluded earlier by the two sides and the decisions of the suspended. interim administration regarding the settlement of the
IV 4. HUMAN RIGHTS 89 conflict, and the increase in the number of acts of of measures aimed at eliminating the consequences of the terrorism and violence. (Derogations from articles 12(1), armed conflict. 13, 19(2) and 22.) Derogation from the provisions of article 12 (1) and (Dated 23 December 1993) (2), 19 (2), 21 and 22 (1) and (2) of the Covenant. Extension of the state of emergency until 31 January (Dated 12 August 1994) 1994 at 1400 hours by Presidential Decree to parts of the Lifting as from 31 July 1994 of the state of emergency territories of the Republic of North Ossetia and the Ingush in part of the territories of the Republic of North Ossetia Republic ... necessitated by the worsening of the situation and the Ingush Republic, instituted on 30 May 1994 (in in a number of districts of the Republic of North Ossetia this regard, reference is made to the notification received and the Ingush Republic. on 21 June 1994) , and proclamation of a state of (Dated 22 June 1993) emergency from 1400 hours on 31 July 1994 until 1400 In view of the deterioration of the situation and the hours on 30 September 1994 in the territories of the increased frequency of terrorist acts and widespread Mozdok, Pravoberezhny, and Prigorodny districts, the disorder on national soil involving the use of firearms, the city of Vladikavkaz (Republic of North Ossetia), and of President of Russia issued a Decree on 29 May 1993 Malgobek, Nazran, Sunja and Dzheirakh districts (Ingush declaring a state of emergency from 1400 hours on 31 Republic) in view of the continuing state of tension in May 1993 to 1400 hours on 31 July 1993 in the Mozdok those territories and the need for refugees and forcibly district, the Prigorodny district and adjacent localities of displaced persons to return to their places of permanent the North Ossetian SSR and in the Malgobek and Nazran residence as well as for the elimination of the dtricts of the Ingush Republic. consequences of armed confict. The Government of the Russian Federation has Derogation from the provisions of article 12 (1) and specified that the provisions from which it has derogated (2), 19 (2), 21 and 22 (1) and (2) of the Covenant. are articles 9, 12, 19, 21 and 22 of the Covenant. (Dated 21 October 1994) (Dated 22 April 1994) Lifting of the state of emergency instituted by Decree In view of the continuing state of tension in a number No. 1541 of 25 July 1994 and proclamation of a state of of districts of the Republic of North Ossetia and the emergency with effect from 1400 hours on 3 October Ingush Republic, the unceasing acts of terrorism and 1994 until 1400 hours on 2 December 1994 in the violence, including violence against the civilian territories of the Mozdok, Pravoberzhny and Prigorodny population, and the still unresolved problem of refugees, districts and the city of Vladikavkaz (Republic of North the President of the Russian Federation issued Decree No. Ossetia) and the Malgobek, Nazran, Sunja and Djeirakh 657 on 4 April 1994 declaring a state of emergency from districts (Ingush Republic) in view of the continuing state 1400 hours on 31 March 1994 until 1400 hours on 31 of tension and the need to ensure the return of forcibly May 1994 in territories of the Mozdok district, the displaced persons to their places of permanent residence Pravoberezhny district, the Prigorodny district and the and the implementation of a set of measures to deal with city of Vladikavkaz (Republic of North Ossetia) and of the aftermath of the armed conflict in order to guarantee the Malgobek and Nazran districts (Ingush Republic). State and public security. The Government of the Russian Federation has Derogation from the provisions of articles 12 (1) and specified that the provisions from which it has derogated (2), 19 (2), 21 and 22 (1) and (2) of the Covenant. are articles 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of (Dated 4 January 1995) the Covenant. Proclamation by Decree No. 2145 of 2 December (Dated 20 May 1994) 1994 of the state of emergency from 1400 hours on 3 Proclamation of the state of emergency by Decree No. December 1994 until 1400 hours on 31 January 1995 in 836 on 27 April 1994 from 2 p.m. on 27 April 1994 to 2 the territories of the Mozdok district, the Pravoberezhny p.m. on 31 May 1994 in a portion of the territory of the district, the Pigorodny district and the city of Vladikavkaz Republic of North Ossetia. The said Decree extends the (Republic of North Ossetia) and of the Malgobek, Narzan, applicability of paragraphs 3 to 8 of presidential Decree Sunzha and Dzheyrakh districts (Ingush Republic) for the No. 657 of 4 April 1994 to the territories of the same reasons as those given in notification of 21 October Prigorodny district (the Oktyabrskoe, Kambileevskoe and 1994. Sunja populated areas) and Vladikavkaz (the Sputnik Derogation from the provisions of articles 12, 19 (2), military cantonment), in the Republic of North Ossetia. 21 and 22 (1) and (2) of the Covenant. (In this regard, reference is made to the notification received on 25 April 1994 and dated 22 April 1994). The Government of the Russian Federation has SAN MARINO specified that the provisions from which it has derogated are articles 12 (1) and (2), 19 (2), 21 and 22 (1) and (2) of The Secretary-General received from the Government the Covenant. of the Republic of San Marino a notification dated 21 (Dated 21 June 1994) April 2020, made under article 4 (3) of the above Lifting, as from 31 May 1994, by virtue of Decreeo. Covenant, regarding the declaration by Decree-Law 62 of 1112 of 30 May 1994, of the state of emergency in part of 17 April 2020 of a state of emergency until 4 May 2020. the territories of the Republic of North Ossetia and the (See C.N.146.2020.TREATIES-IV.4 of 29 April 2020 Ingush Republic, instituted by the President of the for the text of the notification.) Russian Federation under Decrees Nos. 657 of 4 April 1994 and 836 of 27 April 1994. (In this regard, reference is made to the notifications received on 25 April and 23 The Secretary-General received from the Government May 1994, and dated 22 April and 20 May 1994, of the Republic of San Marino a notification dated 8 May respectively) . 2020, made under article 4 (3) of the above Covenant, Declaration of the state of emergency as from 31 May regarding the extension of the state of emergency until 31 1994 at 1400 hours until 31 July 1994 at 1400 hours in the May 2020 by Decree-Law no. 68 of 3 May 2020. following territories: Mozdok district, the Pravoberezhny (See C.N.159.2020.TREATIES-IV.4 of 13 May 2020 district, the Prigorodny district, the city of Vladikavkaz for the text of the notification.) (Republic of North Ossetia, the Malgobek, Nazran, Sunzha and Dzheirakh districts (Ingush Republic) by Decree 1112 of 30 May 1994, in view of the continuing The Secretary-General received from the Government state of tension in those districts and the need to ensure of the Republic of San Marino a notification dated 1 July the return of refugees and forcibly displaced persons to 2020, made under article 4 (3) of the above Covenant, their places of permanent residence and implement a set regarding the termination of the COVID-19 emergency,
IV 4. HUMAN RIGHTS 90 and of previously enacted restriction measures, by 2010. The new proclamation amends and repeals a Decree-Law no. 108 of 30 June 2020. number of Emergency Regulations that have been in (See C.N.288.2020.TREATIES-IV.4 of 9 July 2020 operation since their publication in the Gazette for the text of the notification.) Extraordinary No. 1405/14 of 13th August 2005 as amended from time to time. The Emergency Regulations prior to the recent SENEGAL amendments were promulgated in August 2005 The Secretary-General received from the Government immediately after the assassination of the former Foreign of Senegal a notification dated 2 July 2020, made under Minister of Sri Lanka Mr. Lakshman Kadirgamar. These article 4 (3) of the above Covenant, regarding the Regulations were amended from time to time and declaration and further extensions of a state of emergency continued due to the conflict situation which prevailed in in its entire territory for a period of from 23 March 2020 certain areas of the island. As a result of the successful until 30 June 2020. security operations launched by the Government of Sri (See C.N.298.2020.TREATIES-IV.4 of 13 July 2020 Lanka, this situation ended in mid May 2009, with the for the text of the notification.) elimination of the menace of terrorism posed by the ruthless organization styling itself the Liberation Tigers of Tamil Eelam (LTTE). However, there does remain a SERBIA need for vigilance to ensure the complete recovery of (Dated 12 March 2003) arms caches secreted by the LTTE and the reintegration On 13 March 2003, the Secretary-General received back into society of LTTE cadres, after successfully from the Government of Serbia and Montenegro a completing programmes of rehabilitation and of notification, made under article 4 (3) of the above vocational training. Moreover, Sri Lanka requires to be Covenant, transmitting the Decision and the Order dated alert against attempts by residues of the LTTE operating 12 March 2003 from the Acting President of the Republic, overseas to channel funds for de-stabilization and to try to concerning the declaration of a state of emergency in the re-kindle the embers of secession through endeavours Republic. such as the Provisional Transnational Government of The above Order, issued by the Acting President of Tamil Eelam. It is in this context that the Government of the Republic of Serbia concerning special measures to be Sri Lanka decided to further significantly scale down the applied during the state of emergency, provides for the Emergency Regulations, while keeping in force only a derogation from rights guaranteed by Articles 9, 12, 14, limited number essential for national security. 17, 19, 21 and 22 (2) of the Covenant. The recent amendments to the Emergency Regulations (Dated 23 April 2003) that have come into effect from 2nd May 2010 are in Termination of the state of emergency as proclaimed keeping with the consistent commitment of Sri Lanka on 12 March 2003. towards the promotion of human rights and the maintenance of strong judicial safeguards. It is in this context that the Government of Sri Lanka at the outset SRI LANKA wishes to enumerate the terminations of derogations of Proclamation of state of emergency throughout Sri the following ICCPR articles [: 9 (2), 12, 14 (3), 17 (1), Lanka, and derogation as a consequence from articles 9 19 (2), 21 and 22 (1)] ... " (3) and 14 (3) (b) of the Covenant as from 18 May 1983. In reference to previous notifications submitted by the The Government of Sri Lanka specified that the Government of Sri Lanka under Article 4 of the Emergency regulations and Special Laws were temporary International Covenant on Civil and Political Rights measures necessitated by the existence of an (ICCPR) to the Secretary-General of the United Nations, extraordinary security situation and that it was not as the Depositary of the International Covenant on Civil intended to continue with them longer than it was and Political Rights (ICCPR) made on 9th June 2010 and absolutely necessary. 30th May 2000 respectively: (Dated 13 January 1989) Termination of the state of emergency as from 11 “The Government of Sri Lanka is pleased to notify His January 1989. Excellency the Secretary General that the Emergency (Dated 18 August 1989) Regulations that have been promulgated under the Public Establishment of the state of emergency for a period of Security Ordinance have been allowed to lapse since 30 days as from 20 June 1989 and derogation from August 2011. The Emergency Regulations were provisions of article 9 (2). promulgated in August 2005 by means of a Presidential The notification specifies that the state of emergency Proclamation pursuant to Section 05 of the Public was declared in view of the progressive escalation of Security Ordinance. Due to the conflict situation which violence, acts of sabotage and the disruption of essential then prevailed in the country, the Regulations were services throughout the country as from the termination of amended from time to time and were allowed to continue the state of emergency on 11 January 1989 (see previous in force. In view of the end of the conflict in 2009 and in notification of 16 January 1989) . keeping with Sri Lanka’s commitments towards (Dated 29 September 1994) protection and promotion of human rights, the emergency Lifting of the state of emergency established on 20 regulations have been allowed to lapse since August June 1989 and notified by notification of 18 August 1989, 2011. as from 4 September 1994, except with regard to the Northern and Eastern Provinces and certain areas which The Government of Sri Lanka therefore wishes to border the above two Provinces specifically designated in notify the Secretary-General of the termination of all the Presidential Proclamation dated 1 September 1994. derogations previously notified under the ICCPR, (Dated 30 May 2000) pursuant to the lapse of the Emergency Regulations in Declaration of a State of emergency in Sri Lanka August 2011.” Derogation from articles 9 (2), 9 (3), 12 (1), 12 (2), 14 (3), 17 (1), 19 (2), 21 and 22. This communication is being made pursuant to Sri Lanka’s obligations under Article 4 of the International “On 2nd May 2010 His Excellency the President of Sri Covenant on Civil and Political Rights, which stipulate Lanka promulgated the Emergency Regulations under the obligations of the State Parties to notify the derogation Section 5 of the Public Security Ordinance (PSO). The as well as the termination of such derogations." Emergency Regulations have been officially proclaimed by the Gazette Extraordinary No. 1651/24 dated 2nd May
IV 4. HUMAN RIGHTS 91 The Government of the Sudan informed [the Secretary-General] that the state of emergency in the STATE OF PALESTINE Sudan has been extended until 31 December 2001. The Secretary-General received from the Government (Dated 19 December 2001) of the State of Palestine a notification dated 30 March The Government of the Sudan informed [the 2020, made under article 4 (3) of the above Covenant, Secretary-General] that the state of emergency in the regarding the declaration of a state of emergency Sudan has been extended until 31 December 2002. throughout the territory of the State of Palestine for 30 days from Decree No. 1 (2020) of the President of the The Secretary-General received from the Government State of Palestine dated 5 March 2020. of the Republic of the Sudan a notification dated 8 March (See C.N.127.2020.TREATIES-IV.4 of 8 April 2019, made under article 4 (3) of the above Covenant, 2020 for the text of the notification.) regarding the declaration of a National State of Emergency for a period of one year starting from 22 SUDAN February 2019. Subsequently, on 13 March 2019, the (Dated 21 August 1991) Government of the Republic of the Sudan notified the "The state of emergency was declared all over the Secretary-General that the National Legislative Assembly Sudan on June 30, 1989, when the Revolution for “the Parliament” approved on 11 March 2019 by the National Salvation took over the power, in order to ensure majority of votes the State of Emergency and shortened it security and safety of the country. [The articles of the from one year to six months. Covenant which are being derogated from are articles 2 (See C.N.88.2019.TREATIES-IV-4 of 22 March 2019 and 22 (1) as subsequently indicated by the Government for the text of the notification.) of the Sudan.] The reasons for declaring the State of Emergency were The Secretary-General received from the Government [that] the Revolution has in June 1989, inherited a very of the Republic of the Sudan a notification dated 8 March chaotic socio-economic and political situation with a civil 2019, made under article 4 (3) of the above Covenant, war raging in the South (the Civil War started in 1983 and regarding the declaration of a state of emergency in the since then the state of emergency was declared), and State of Kassala and in the State of North Kordofan for a lawlessness engulfing the North, and armed-robbery period of 6 months from 1 January 2019 to 30 June 2019. being practised, in a serious manner, in the west (as a (See C.N.87.2019.TREATIES-IV-4 of 22 March 2019 result of the present crisis in Tchad), and also in the east, for the text of the notification.) in addition to possible threats of foreign interventions. The emergency regulations were also issued to SURINAME complement the provisions of the Constitutional Decree Termination, as from 1 September 1989, of the state of No. (2) (the State of Emergency) which contain more that emergency declared on 1 December 1986 in the territory 40 sections aimed at ensuring security and safety of the of the Districts of Marowijne, Commewijne, Para, country. But no person has ever been convicted till now, Brokopondo and in part of the territory of the district of or sentenced to death in accordance with these regulations Sipaliwini (between the Marowijne river and 56 o WLO. since the declaration of the state of emergency. The army The articles of the Covenant being derogated from were officers who were executed on July 26, 1990, were articles 12, 21 and 22 of the Covenant. charged in accordance with: - I) The People's Armed Forces Act (Section 47). THAILAND II) Rules of Procedure for the “[...] pursuant to Paragraph 3 of Article 4 of the People's Armed Forces Act, 1983 (Section127). International Covenant on Civil and Political Rights III) The Penal Code, 1983 (Section (ICCPR), and has the honour to inform [...] that the Royal 96). Thai Government has declared a severe emergency Other three civilians were sentenced to death in situation in the areas of Bangkok; Nonthaburi Province; accordance with the provisions of the Dealing in Currency Muang, Bang Phli, Phra Pradang, Phra Samut Chedi, Act, 1981. Bang Boh and Bang Sao Thong Districts, Samut Prakan It has to be mentioned that the President of the Province; Thanyaburi, Lad Lumkaew, Sam Kok, Lam National Salvation Revolution Command Council had Luk Ka and Khlong Luang Districts, Pathumthani issued last April a general amnesty by which all the Province; Phutthamonthon District, Nakhon Pathom political detainees were released, and powers of detention Province; and Wang Noi, Bang Pa-in, Bang Sai and Lat entrusted to the Judiciary. Also a decree had been issued Bua Luang Districts, Ayutthaya Province, since 7 April abrogating the Special courts which were established in 2010. accordance with the constitution of the Special Courts The Declaration of a Severe Emergency Situation was Act, 1989 and its Amendment of January 30, 1990, to promulgated by Mr. Abhisit Vejjajiva, Prime Minister of have Jurisdiction over acts and charges arising from Thailand, in accordance with Sections 5 and 11 of the violation of the Constitutional Decrees and the Emergency Decree on Public Administration in Emergency Regulations. Emergency Situations B.E. 2548 (2005), as well as Under those circumstances, it became necessary for Section 29 in conjunction with Sections 32, 33, 34, 36, the Revolution to proclaim the State of Emergency 38, 41, 43, 45 and 63 of the Constitution of the Kingdom Regulations. of Thailand, to deal effectively with the actions of a group In conclusion, it was to be emphasised that the of persons that caused grave disturbances and led to existence of the state of emergency in the Sudan came disorder in certain parts of the country. The Emergency well before the eruption of the National Salvation Decree was invoked in order to quickly resolve and put an Revolution in June 1989. As stated above, it initially end to the situation of turmoil as well as to restore came as a direct result of the political and military normalcy in the country. situation that existed, and still exists, in the Southern part In light of the above-mentioned reasons, the Royal of the country. Thai Government has exercised its right to derogation However, with the achievement of progress in the under Paragraph 1 of Article 4 of the Covenant, peace process and the establishment of the political specifically in relation to its obligations under Articles 12 system, which is currently underway, the State of (right to liberty of movement), 19 (freedom of expression Emergency will naturally be lifted." and freedom of the press) and 21 (right of peaceful assembly) of the Covenant for the duration of the Emergency Situation in the aforementioned areas.
IV 4. HUMAN RIGHTS 92 The Permanent Mission would further like to inform (ICCPR), any and all derogations of rights under the [..] that the non-derogable rights as set forth in Articles 6, Covenant made pursuant to the said declaration have been 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the terminated, effective as of 19 March 2014. Covenant, which are guaranteed by the Constitution of the The Permanent Mission would therefore appreciate it Kingdom of Thailand, have been kept intact. if the Secretary-General could notify other States Parties [...]" to the said Covenant of the above information as required “The Permanent Mission of Thailand to the United by Article 4 of the Covenant." Nations presents its compliments to the Secretary-General “The Permanent Mission of Thailand to the United of the United Nations and, with reference to the former’s Nations presents its compliments to the Secretary-General Note no. 56101/242 dated 14 April 2010, has the honour of the United Nations and, with reference to Article 4 of to inform the latter that the Royal Thai Government has the International Covenant on Civil and Political Rights lifted the declaration of a severe emergency situation as (ICCPR), has the honour to inform the latter that Martial referred to in the above-mentioned Note and that, in Law has been invoked throughout the Kingdom of accordance with Paragraph 3 of Article 4 of the Thailand on 20 May 2014 at 03.00 hrs. by the International Covenant on Civil and Political Rights Commander-in-Chief of the Royal Thai Army, in (ICCPR), any and all derogations of rights covered under accordance with the Martial Law Act B.E. 2457 (1914), to the Covenant made pursuant to the said declaration have ensure an effective maintenance of peace and order, been terminated effective as of 22 December 2010. solely on the grounds of affording vital national security The Permanent Mission would therefore appreciate it protection. if the Secretary-General could notify other States Parties In this regard, the Kingdom of Thailand has exercised to the Covenant of the foregoing information as required its right of derogation under Paragraph 1 of Article 4 of by Article 4 of the Covenant.” the ICCPR, specifically in relation to its obligation under: The Permanent Mission of Thailand to the United Article 12 (1), by the announcement of a curfew which Nations presents its compliments to the Secretary-General was lifted on 13 June 2014; Article 14 (5), only where a of the United Nations and, pursuant to Paragraph 3 of jurisdiction has been conferred to the Martial Court over Article 4 of the International Covenant on Civil and Sections 107-112 of the Penal Code and the offences Political Rights (ICCPR), has the honour to inform the against the internal security of the Kingdom; Article 19, latter that the Royal Thai Government has declared a by the prohibition of broadcasting or publishing certain severe emergency situation in the areas of Bangkok; content, particularly those inciting conflict and alienation Nonthaburi Province; Lad Lumkaew District, in the society, false or provoking messages, and Article Pathumthani Province; and Bang Phli District, Samut 21, by the limitation of political gathering. These Prakan Province, since 22 January 2014. restrictions are under constant review and are The Declaration of a Severe Emergency Situation was progressively lifted. promulgated by Ms. Yingluck Shinawatra, Prime Minister The Permanent Mission would further like to inform of Thailand, in accordance with Sections 5, 6 and 11 of the Secretary-General that the nonderogable rights as set the Emergency Decree on Public Administration in forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 Emergency Situation B.E. 2548 (2005) as well as Section and 18 of the Covenant have not been affected." 29 in conjunction with Sections 32, 33, 34, 36, 38, 41, 43, The Secretary-General received from the Government 45 and 63 of the Constitution of the Kingdom of of Thailand a notification dated 3 October 2019, made Thailand, to deal effectively with the actions of a group of under article 4 (3) of the above Covenant, regarding the persons that caused grave disturbances and led to disorder termination of the derogations of rights covered under the in certain parts of the country. The Emergency Decree ICCPR referred to in its note no. 56101/672 of 3 July B.E. was invoked in order to quickly resolve and put an end to 2557 (2014). Subsequently, on 24 December 2019, the situation of turmoil as well as to restore normalcy in Thailand notified that the said termination has been the country. effective since 16 July B.E. 2562 (2019), as per Royal In light of the above-mentioned reasons, the Royal Decree Announcement dated 1 April B.E. 2558 (2015) Thai Government has exercised its right of derogation and Head of NCPO Order no. 9/2562 dated 9 July B.E. under Paragraph 1 of Article 4 of the Covenant, 2562 (2019). specifically in relation to its obligations with regards to (See C.N.629.2019.TREATIES-IV.4 of 27 December the right to liberty of movement under Article 12, the 2019 for the text of the notification.) right to freedom of expression under Article 19, and the right of peaceful assembly under Article 21 of the The Secretary-General received from the Government Covenant for the duration of the Emergency Situation in of Thailand a notification dated 4 June 2020, made under the aforementioned areas. article 4 (3) of the above Covenant, regarding the The Permanent Mission wishes to further inform the declaration on 25 March 2020 of an emergency situation Secretary-General that the non-derogable rights as set in all areas of the Kingdom of Thailand which took effect forth in Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 from 26 March to 30 April 2020 and which was extended and 18 of the Covenant, which are guaranteed by the until 31 May 2020 and 30 June 2020, respectively. Constitution of the Kingdom of Thailand, have been kept (See C.N.194.2020.TREATIES-IV.4 of 15 June 2020 intact. for the text of the notification.) The Permanent Mission is forwarding herewith a copy of the unofficial translation of the Declaration of a Severe Emergency Situation of 21 January 2014 and would TOGO appreciate it if the Secretary-General could notify other The Secretary-General received from the Government States Parties to the Covenant of the foregoing of Togo a notification dated 17 May 2021, made under information as required by Article 4 of the Covenant. article 4 (3) of the above Covenant, regarding the health "The Permanent Mission of Thailand to the United state of emergency in the entire territory of Togo with Nations presents its compliments to the Secretary-General effect on 16 March 2020. of the United Nations and, with reference to the former's (See C.N.151.2021.TREATIES-IV.4 of 21 May 2021 Note No. 56101/50 dated 28 January 2014, informing the for the text of the notification.) latter of the declaration of a severe emergency situation in certain areas of the country, has the honour to inform the latter that the Royal Thai Government has lifted the declaration as referred to in the above-mentioned Note TRINIDAD AND TOBAGO and that, in accordance with Paragraph 3 of Article 4 of (Dated 15 August 1990) the International Covenant on Civil and Political Rights
IV 4. HUMAN RIGHTS 93 Proclamation of state of emergency in the Republic of On 14 October 2016, the Secretary-General was Trinidad and Tobago as from 28 July 1990 for a period of notified of the following: ninety days and derogation from articles 9, 12, 21 and 14 "... with reference to our letter no. 2016/11235663 (3). dated 21 July 20l6, through which we had brought to your (Dated 11 August 1995) attention that on 20 July 2016, a State of Emergency was By a Proclamation issued on 3 August 1995, a state of declared by the Government of Turkey for a duration of emergency has been declared in the City of Port of Spain 90 days, in accordance with the Turkish Constitution as of 3 August 1995 owing to the fact that, as indicated by (article 120) and the Law No. 2935 on State of the Government of Trinidad and Tobago, action has been Emergency (article 3/1b). taken or is immediately threatened by persons or bodies In this framework, I wish to inform you that the State of persons of such a nature and on so extensive a scale as of Emergency has been extended for a period of three to be likely to endanger the public safety or to deprive the months starting from 19 October 2016 at 01.00 AM by community of supplies or services essential to life. The Decision no. 1130 dated 11 October 20l6..." provisions of the Covenant from which the Government For the full text of the notification, see of Trinidiad and Tobago has derogated are articles 9, 12, C.N.775.2016.TREATIES-IV.4 of 21 October 2016. 14 (3) and 21. The Secretary-General received from the Government The said state of emergency was lifted on 7 August of Turkey a notification signed by the Deputy Permanent 1995 by a resolution of the House of Representatives. Representative and Chargé d'affaires, dated 9 January 2017, made under article 4 (3) of the above Covenant, By Legal Notice No. 162 of 2011, on 21 August 2011, regarding the extension of the state of emergency for a the President of the Republic of Trinidad and Tobago period of three months from 19 January 2017 pursuant to declared the existence of a state of public emergency in Decision no. 1134 of 3 January 2017. the Republic of Trinidad and Tobago. In accordance with (See C.N.4.2017.TREATIES-IV.4 of 10 January 2017 Chapter 1:01 of the Constitution of the Republic of for the text of the above-mentioned notification.) Trinidad and Tobago, the president of the Republic was The Secretary-General received from the Government satisfied "that action has been taken or is immediately of Turkey a notification signed by the Permanent threatened by persons or bodies of persons of such a Representative, dated 19 April 2017, made under article 4 nature and on so extensive a scale to be likely to endanger (3) of the above Covenant, regarding the extension of the the public safety". state of emergency for a period of three months from 19 Further, in accordance with Section 10 (1) of the April 2017 pursuant to Decision no. 1139 of 18 April Constitution, the Proclamation was on September 4, 2011 2017. extended by resolution, supported by a simple majority (See C.N.241.2017.TREATIES-IV.4 of 20 April 2017 vote of the House of Representatives, for a further period for the text of the notification.) of three months (Legal Notice No. 175 of 2011). By the enactment of the Emergency Powers The Secretary-General received from the Government Regulations, 2011 (Legal Notice No. 163 of 2011 and the of Turkey a notification signed by the Chargé d'affaires Emergency Powers (Amendment) Regulations, 2011 a.i., dated 24 July 2017, made under article 4 (3) of the (Legal Notice No. 171 of 2011), rights protected by above Covenant, regarding the extension of the state of Articles, 9, 12, 14 and 21 are suspended. emergency for a period of three months from 19 July By note 692 dated 28 September 2011, the President 2017 pursuant to Decision no. 1154 of 17 July 2017. of the Republic of Trinidad and Tobago notified that the (See C.N.424.2017.TREATIES-IV.4 of 27 July state of public emergency declared in Trinidad and 2017 for the text of the notification.) Tobago on 21st August 2011, for a period of fifteen days The Secretary-General received from the Government with a further extension by Parliament for a period of of Turkey a notification signed by the Permanent three months has ended at midnight on Monday 5th Representative, dated 19 October 2017, made under December 2011. article 4 (3) of the above Covenant, regarding the The President of the Republic of Trinidad and Tobago extension of the state of emergency for a period of three declared a state of emergency by Proclamation L.N. No. months from 19 October 2017 pursuant to Decision no. 141 of 2021 which was further extended by Proclamation 1165 of 17 October 2017. L.N. NO. 173 of 2021. (See C.N.683.2017.TREATIES-IV.4 of 26 October (See depositary notification 2017 for the text of the notification.) C.N.214.2021.TREATIES-IV.4 of 12 July 2021) The Secretary-General received from the Government TURKEY of Turkey a notification signed by the Deputy Permanent On 2 August 2016, the Secretary-General was notified Representative and Chargé d'affaires, dated 19 January of the following: 2018, made under article 4 (3) of the above Covenant, "... The Republic of Turkey is taking the required regarding the extension of the state of emergency for a measures as prescribed by law, in line with the national period of three months from 19 January 2018 pursuant to legislation and its international obligations. In this Decision no. 1178 of 18 January 2018. context, on 20 July 2016, the Government of Turkey (See C.N.45.2018.TREATIES-IV.4 of 22 January declared a State of Emergency for a duration of 90 days, 2018 for the text of the notification.) in accordance with the Turkish Constitution (Article 120) The Secretary-General received from the Government and the Law No. 2935 on State of Emergency (Article of Turkey a notification signed by the Permanent 3/1b)... Representative, dated 19 April 2018, made under article 4 The decision was published in the Official Gazette and (3) of the above Covenant, regarding the extension of the approved by the Turkish Grand National Assembly on 21 state of emergency for a period of three months from 19 July 2016. In this process, measures taken may involve April 2018 pursuant to Decision no. 1182 of 18 April derogation from obligations under the International 2018. Covenant on Civil and Political Rights regarding Articles (See C.N.215.2018.TREATIES-IV.4 of 23 April 2018 2/3, 9, 10, 12, 13, 14, 17, 19, 21, 22, 25, 26 and 27, as for the text of the notification.) permissible in Article 4 of the said Covenant..." On 8 August 2018, the Secretary-General received For the full text of the notification, see depositary from the Government of Turkey a notification signed by notification C.N.580.2016.TREATIES-IV.4 of 11 August the Deputy Permanent Representative dated 8 August 2016. 2018, made under article 4 (3) of the above Covenant, concerning the end of the state of emergency, established
IV 4. HUMAN RIGHTS 94 by Decision 2016/9064 by the Council of Ministers and UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN subsequently extended. (See C.N.378.2018.TREATIES-IV.4 of 9 August 2018 IRELAND for the text of the notification.) "The Government of the United Kingdom notify other States Parties to the present Covenant, in accordance with UKRAINE article 4, of their intention to take and continue measures “The Permanent Mission of Ukraine to the United derogating from their obligations under the Covenant. Nations presents its compliments to the Secretary-General "There have been in the United Kingdom in recent of the United Nations and, with the reference to the years campaigns of organised terrorism related to Article 4 of the International Covenant on Civil and Northern Irish affairs which have manifested themselves Political Rights, has the honour to transmit herewith the in activities which have included murder, attempted text of the Declaration of the Verkhovna Rada murder, maiming, intimidation and violent civil (Parliament) of Ukraine ‘On derogation from certain disturbances and in bombing and fire-raising which have obligations under the International Covenant on Civil and resulted in death, injury and widespread destruction of Political Rights and the Convention for the Protection of property. This situation constitutes a public emergency Human Rights and Fundamental Freedoms’ adopted 21 within the meaning of article 4 (1) of the Covenant. The May 2015." emergency commenced prior to the ratification by United See C.N.416.2015.TREATIES-IV.4 of 16 July 2015 Kingdom of the Covenant and Legislation has, from time for the text of the above-mentioned declaration. to time, been promulgated with regard to it. “The Permanent Mission of Ukraine to the United "The Government of the United Kingdom have found Nations presents its compliments to the Secretary-General it necessary (and in some cases continue to find it of the United Nations and, with the reference to its Note necessary) to take powers, to the extent strictly required Verbale No. 4132/28-194/501-803 of 5 June 2015, has the by the exigencies of the situation, for the protection of honor to inform that Ukraine exercises the right of life, for the protection of property and the prevention of derogation from its obligations under the International outbreaks of public disorder, and including the exercise of Covenant on Civil and Political Rights and the powers of arrest and detention and exclusion. In so far as Convention for the Protection of Human Rights and any of these measures is inconsistent with the provisions Fundamental Freedoms with regard to the territory of of articles 9, 10 (2), 10 (3), 12 (1), 14, 17, 19 (2), 21 or 22 certain areas of the Donetsk and Luhansk regions of of the Covenant, the United Kingdom hereby derogates Ukraine, that are under control/partial control of the from its obligations under those provisions." Government of Ukraine. Termination forthwith of derogations from articles 9, The list of localities in the Donetsk and Luhansk 10 (2), 10 (3), 12 (1), 14, 17, 19 (2), 21 and 22 of the regions that are under control/partial control of the Covenant. Government of Ukraine as of October 1, 2015 is attached [The Government of the United Kingdom of Great hereto. Britain and Northern Ireland] have found it necessary to See C.N.656.2015.TREATIES-IV.4 of 14 December take or continue measures derogating in certain respects 2015 for the text of the above-mentioned declaration. from their obligations under article 9 of the Covenant. "The Permanent Mission of Ukraine to the United (For the reasons of that decision, see paragraph 2 of a Nations presents its compliments to the Secretary-General previous notification of 17 May 1976, which continue to of the United Nations and, with the reference to its Verbal apply) . Notes No. 4132/28-194/501-803 of 5 June 2015 and No. Persons reasonably suspected of involvement in 4132/28-194/501-1987 of 24 November 2015, has the terrorism connected with the affairs of Northern Ireland, honor to convey [...] information in accordance with the or of offences under the legislation and who have been obligations of the Government of Ukraine under Article 4, detained for 48 hours may be, on the authority of the paragraph 3, of the International Covenant on Civil and Secretary of State, further detained without charge for Political Rights. periods of up to five days. ... Notwithstanding the judgement of 29 November 1988 ln pursuance of Article 4, paragraph 3, of the by the European Court of Human Rights in the case of Covenant the Permanent Mission of Ukraine to the United Brogan and Others the Government has found it Nations has the honour to transmit the reviewed list of necessary to continue to exercise the powers described localities in Donetsk and Luhansk oblasts under above but to the extent strictly required by the exigencies control/partially controlled by the Government of Ukraine of the situation to enable necessary enquiries and as of 14 June 2016..." investigations properly to be completed in order to decide See C.N.502.2016.TREATIES-IV.4 of 18 July 2016 whether criminal proceedings should be instituted. [This for the text of the above-mentioned notification. notice is given] in so far as these measures may be The Secretary-General received from the Government inconsistent with article 9 (3) of the Covenant. of Ukraine a notification No. 132/28/-194/501-128 of 20 (Dated 23 March 1989) January 2017, made under article 4 (3) of the International Replacement as from 22 March 1989, of the measures Covenant on Civil and Political Rights. indicated in the previous notification of 23 December See C.N.612.2019.TREATIES-IV.4 of 13 December 1988 by section 14 of and paragraph 6 of Schedule 5 to 2019 for the text of the above-mentioned notification. the Prevention of Terrorism (Temporary Provisions) Act 1989, which make comparable provisions. (Dated 12 December 1989) The Secretary-General received from the Government "The Government of the United Kingdom have of Ukraine a notification No. 4132/23-194/501-2057 of 26 [previously] found it necessary to take and continue November 2019, made under article 4 (3) of the [various measures], derogating in certain respects from International Covenant on Civil and Political Rights, obligations under Article 9 of the International Covenant made under article 4 (3) of the above Covenant. on Civil and Political Rights. See C.N.618.2019.TREATIES-IV.4 of 13 December On 14 November 1989 the Home Secretary announced 2019 for the text of the above-mentioned notification. that the Government had concluded that a satisfactory procedure for the review of detention of terrorist suspects involving the judiciary had not been identified and that the derogation notified under Article 4 of the Covenant would therefore remain in place for as long as circumstances require." (Dated 20 February 2001)
IV 4. HUMAN RIGHTS 95 Notification to the effect that the derogation from Schedules 2 and 3 to the 1971 Act pending their removal article 9 (3) of the Covenant is terminated with effect or deportation. The courts in the United Kingdom have from Mony, 26 February 2001. ruled that this power of detention can only be exercised The notification further states that the termination of during the period necessary, in all the circumstances of the derogation only applies to the United Kingdom of the particular case, to effect removal and that, if it Great Britain and Northern Ireland and that it is not yet becomes clear that removal is not going to be possible possible to terminate the derogation in respect of the within a reasonable time, detention will be unlawful (Rv Bailiwick of Jersey, the Bailiwick of Guernsey and the Governor of Durham Prison, ex parte Singh[1984] All Isle of Man. ER 983). The terrorist attacks in New York, Washington, D.C. In some cases, where the intention remains to remove and Pennsylvania on 11th September 2001 resulted in or deport a person on national security grounds, continued several thousand deaths, including many British victims detention may not be consistent with Article 9 of the and others from 70 different countries. In its resolutions Covenant. This may be the case, for example, if the 1368 (2001) and 1373 (2001), the United Nations person has established that removal to their own country Security Council recognised the attacks as a threat to might result in treatment contrary to Article 7 of the international peace and security. Covenant. In such circumstances, irrespective of the The threat from international terrorism is a continuing gravity of the threat to national security posed by the one. In its resolution 1373 (2001), the Security Council, person concerned, it is well established that the acting under Chapter VII of the United Nations Charter, international obligations of the United Kingdom prevent required all States to take measures to prevent the removal or deportation to a place where there is a real risk commission of terrorist attacks, including by denying safe that the person will suffer treatment contrary to that haven to those who finance, plan, support or commit article. If no alternative destination is immediately terrorist attacks. available then removal or deportation may not, for the There exists a terrorist threat to the United Kingdom time being, be possible even though the ultimate intention from persons suspected of involvement in international remains to remove or deport the person once satisfactory terrorism. In particular, there are foreign nationals arrangements can be made. In addition, it may not be present in the United Kingdom who are suspected of possto prosecute the person for a criminal offence given being concerned in the commission, preparation or the strict rules on the admissibility of evidence in the instigation of acts of international terrorism, of being criminal justice system of the United Kingdom and the members of organisations or groups which are so high standard of proof required. concerned or of having links with members of such The Government has considered whether the exercise organisations orand who are a threat to the national of the extended power to detain contained in the Anti- security of the United Kingdom. terrorism, Crime and Security Act 2001 may be As a result, a public emergency, within the meaning of inconsistent with the obligations under Article 9 of the Article 4(1) of the Covenant, exists in the United Covenant. To the extent that the exercise of the extended Kingdom. power may be inconsistent with the United Kingdom’s As a result of the public emergency, provision is made obligations under Article 9, the Government has decided in the Anti-terrorism, Crime and Security Act 2001, inter to avail itself of the right of derogation conferred by alia, for an extended power to arrest and detain a foreign Article 4(1) of the Covenant and will continue to do so national which will apply where it is intended to remove until further notice.] or deport the person from the United Kingdom but where (Dated 15 March 2005) removal or deportation is not for the time being possible, "The provisions referred to in the 18 December 2001 with the consequence that the detention would be notification, namely the extended power of arrest and unlawful under existing domestic law powers. The detention in the Anti-terrorism, Crime and Security Act extended power to arrest and detain will apply where the 2001, ceased to operate on 14 March 2005. Accordingly, Secretary of State issues a certificate indicating his belief the notification is withdrawn as from that date, and the that the person’s presence in the United Kingdom is a risk Government of the United Kingdom confirm that the to national security and that he suspects the person of relevant provisions of the Covenant will again be being an international terrorist. That certificate will be executed as from then." subject to an appeal to the Special Immigration Appeals Commission (‘SIA’), established under the Special Immigration Appeals Commission Act 1997, which will URUGUAY have power to cancel it if it considers that the certificate [The Government of Uruguay] has the honour to should not have been issued. There will be an appeal on a request that the requirement laid down in article 4 (3) of point of law from a ruling by SIAC. In addition, the the International Covenant on Civil and Political Rights certificate will be reviewed by SIAC at regular intervals. should be deemed to have been formally fulfilled with SIAC will also be able to grant bail, where appropriate, regard to the existence and maintenance in Uruguay of a subject to conditions. It will be open to a detainee to end public emergency as referred to in article 4 (1). his detention at any time by agreeing to leave the United This emergency situation, the nature and consequences Kingdom. of which match the description given in article 4, namely The extended power of arrest and detention in the that they threaten the life of the nation, is a matter of Anti-terrorism, Crime and Security Act 2001 is a measure universal knowledge, and the present communication which is strictly required by the exigencies of the might thus appear superfluous in so far as the provision of situation. It is a temporary provision which comes into substantive information is concerned. force for an initial period of 15 months and then expires This issue has been the subject of countless official unless renewed by Parliament. Thereafter, it is subject to statements at both the regional and the international level. annual renewal by Parliament. If, at any time, in the Nonetheless, [the Government of Uruguay] wishes Government’s assessment, the public emergencyer exists both to comply formally with the above-mentioned or the extended power is no longer strictly required by the requirement and to reiterate that the emergency measures exigencies of the situation, then the Secretary of State which it has taken, and which comply strictly with the will, by Order, repeal the provision. requirements of article 4 (2), are designed precisely to The Government has powers under the Immigration achieve genuine, effective and lasting protection of Act 1971 (‘the 1971 Act’) to remove or deport persons on human rights, the observance and promotion of which are the ground that their presence in the United Kingdom is the essence of our existence as an independent and not conducive to the public good on national security sovereign nation. grounds. Persons can also be arrested and detained under
IV 4. HUMAN RIGHTS 96 Notwithstanding what has been stated above, the Restoration, pursuant to Decree No. 2672 of 1 information referred to in article 4 (3) concerning the December 1992 of certain rights which had been nature and duration of the emergency measures will be suspended by Decree No. 2668 of 27 November 1992. provided in more detailed form when the report referred Suspension, pursuant to Decree 2765 of 16 January to in article 40 of the Covenant is submitted, so that the 1993, of certain rights in the State of Sucre as a result of a scope and evolution of these measures can be fully breach of the peace in that State. These rights, understood. corresponding to articles 12 (1) and 21, were restored by Decree No. 2780 on 25 January 1993. (Dated 29 June 1994) VENEZUELA (BOLIVARIAN REPUBLIC OF) By Decree No. 241 of 27 June 1994, suspension of (Dated 17 March 1989) certain constitutional guarantees in view of the fact that Establishment of emergency measures and derogation the economic and financial situation of the country has from articles 9, 12, 17, 19 and 21 throughout Venezuela. created circumstances liable to endanger public order. The notification stipulates that derogation was effected Derogation from the provisions of articles 9, 12 and 17 due to a series of serious breaches of the peace having of the Covenant. taken place throughout Caracas and in other cities in the (Dated 18 July 1995) country and outbursts of violence, acts of vandalism and By Decree No. 739 of 6 July 1995, restoratif the violations of the security of Venezuelan individuals and constitutional guarantees, suspended by Decree No. 241 households, leading to loss of life and the destruction of of 27 June 1994 [see notification received on 7 July much property, thus causing a further deterioration in the 1994] , throughout the national territory, except in the economic situation of the country. autonomous municipalities of Rosario de Perijá and (Dated 31 March 1989) Catatumbo, State of Zulia; García de Hevia, Pedro María Re-establishment as from 22 March 1989 of the Ureña, Bolivar, Panamericano and Fernández Feo, State constitutional safeguards which had been suspended as of Táchira; Páez, Pedro Camejo and Rómulo Gallegos, stated in the previous notification of 17 March 1989. State of Apure; and Atures, Atuana, Manapiare, Atabapo, (Dated 4 February 1992) Alto Orinoco and Guainía, State of Amazonas. The Temporary suspension of certain constitutional Government considers that the situation in these border guarantees throughout Venezuela with a view to municipalities, where the theatre of conflict and the facilitating the full restoration of public order throughout theatre of operations No. 1 were decreed, requires that, in the national territory. the interest of protecting its borders, the above guarantees The Government of Venezuela specified that "the remain suspended. measures were made necessary after criminal attempt was (Dated 3 March 1999) made to assassinate the President of the Republic with the Resoration of the guarantees provided for in articles 9, aim of upsetting the rule of law and undermining the 12 and 17 of the Covenant, suspended by Decree No. 739 constitutional order of the Re public thereby constituting of 6 July 1995 . [See notification received on 1 September an attempt against the achievements of the Venezuelan 1995.] people over more than three decades of fully democratic government". (Dated 17 March 1989) The constitutional guarantees suspended in Venezuela Establishment of emergency measures and derogation relate to the rights provided for in articles 9, 12, 17, 19 from articles 9, 12, 17, 19 and 21 throughout Venezuela. and 21. The right to strike was also temporarily The notification stipulates that derogation was effected suspended. due to a series of serious breaches of the peace having (Dated 21 February 1992) taken place throughout Caracas and in other cities in the Restoration, as from 17 February 1991, of the country and outbursts of violence, acts of vandalism and guarantees provided for under articles 12 and 19 of the violations of the security of Venezuelan individuals and Covenant and also of the right to strike. households, leading to loss of life and the destruction of (Dated 30 April 1992) much property, thus causing a further deterioration in the Restoration, as from 21 February 1991, of the economic situation of the country. guarantees provided for in articles 9, 17 and 21 of the (Dated 31 March 1989) Covenant, thereby fully ending the state of emergency Re-establishment as from 22 March 1989 of the declared on 4 February 1992. constitutional safeguards which had been suspended as (Dated 30 November 1992) stated in the previous notification of 17 March 1989. On 27 November 1992, certain constitutional (Dated 4 February 1992) guarantees relating to the rights provided for in articles 9, Temporary suspension of certain constitutional 17, 19 and 21 of the Covenant have been suspended in guarantees throughout Venezuela with a view to Venezuela. facilitating the full restoration of public order throughout This measure was made necessary after a group of the national territory. civil subversives in connivance with a small military The Government of Venezuela specified that "the squad took over Palo Negro air base in the city of measures were made necessary after criminal attempt was Maracay, Aragua State, and Francisco de Miranda Base in made to assassinate the President of the Republic with the the city of Caracas, which services as Headquarters of the aim of upsetting the rule of law and undermining the Air Force Command, thereby threatening the democratic constitutional order of the Re public thereby constituting system. an attempt against the achievements of the Venezuelan On 28 November 1992, restoration, as from that date, people over more than three decades of fully democratic of the rights provided for in article 21 of the Covenant, so government". as to allow public electioneering in contemplation of the The constitutional guarantees suspended in Venezuela elections to be held on 6 December 1992. relate to the rights provided for in articles 9, 12, 17, 19 Restoration, pursuant to Decree No. 2764 of 16 and 21. The right to strike was also temporarily January 1993, of rights regarding personal liberty suspended. corresponding to articles 9 (1) and 11 of the Covenant (Dated 21 February 1992) throughout the national territory. Rights regarding liberty Restoration, as from 17 February 1991, of the and security of person as well as the inviolability of the guarantees provided for under articles 12 and 19 of the home and the right to demonstrate had been restored as Covenant and also of the right to strike. from 22 December 1992. (Dated 30 April 1992) Restoration, as from 21 February 1991, of the guarantees provided for in articles 9, 17 and 21 of the
IV 4. HUMAN RIGHTS 97 Covenant, thereby fully ending the state of emergency (Dated 29 June 1994) declared on 4 February 1992. By Decree No. 241 of 27 June 1994, suspension of (Dated 30 November 1992) certain constitutional guarantees in view of the fact that On 27 November 1992, certain constitutional the economic and financial situation of the country has guarantees relating to the rights provided for in articles 9, created circumstances liable to endanger public order. 17, 19 and 21 of the Covenant have been suspended in Derogation from the provisions of articles 9, 12 and 17 Venezuela. of the Covenant. This measure was made necessary after a group of (Dated 18 July 1995) civil subversives in connivance with a small military By Decree No. 739 of 6 July 1995, restoratif the squad took over Palo Negro air base in the city of constitutional guarantees, suspended by Decree No. 241 Maracay, Aragua State, and Francisco de Miranda Base in of 27 June 1994 [see notification received on 7 July the city of Caracas, which services as Headquarters of the 1994] , throughout the national territory, except in the Air Force Command, thereby threatening the democratic autonomous municipalities of Rosario de Perijá and system. Catatumbo, State of Zulia; García de Hevia, Pedro María On 28 November 1992, restoration, as from that date, Ureña, Bolivar, Panamericano and Fernández Feo, State of the rights provided for in article 21 of the Covenant, so of Táchira; Páez, Pedro Camejo and Rómulo Gallegos, as to allow public electioneering in contemplation of the State of Apure; and Atures, Atuana, Manapiare, Atabapo, elections to be held on 6 December 1992. Alto Orinoco and Guainía, State of Amazonas. The Restoration, pursuant to Decree No. 2764 of 16 Government considers that the situation in these border January 1993, of rights regarding personal liberty municipalities, where the theatre of conflict and the corresponding to articles 9 (1) and 11 of the Covenant theatre of operations No. 1 were decreed, requires that, in throughout the national territory. Rights regarding liberty the interest of protecting its borders, the above guarantees and security of person as well as the inviolability of the remain suspended. home and the right to demonstrate had been restored as (Dated 3 March 1999) from 22 December 1992. Resoration of the guarantees provided for in articles 9, Restoration, pursuant to Decree No. 2672 of 1 12 and 17 of the Covenant, suspended by Decree No. 739 December 1992 of certain rights which had been of 6 July 1995 . [See notification received on 1 September suspended by Decree No. 2668 of 27 November 1992. 1995.] Suspension, pursuant to Decree 2765 of 16 January 1993, of certain rights in the State of Sucre as a result of a 1 breach of the peace in that State. These rights, YUGOSLAVIA (FORMER) corresponding to articles 12 (1) and 21, were restored by Decree No. 2780 on 25 January 1993.
Territorial Application
Date of receipt of the Participant notification Territories Netherlands34 11 Dec 1978 Netherlands Antilles Portugal4 27 Apr 1993 Macau United Kingdom of 20 May 1976 Belize, Bermuda, British Virgin Islands, Cayman Islands, Great Britain and Falkland Islands (Malvinas) and Dependencies, Gibraltar, Northern Ireland6,47 Gilbert Islands, Guernsey, Hong Kong, Isle of Man, Bailiwick of Jersey, Montserrat, Pitcairn Island, St. Helena and Dependencies, Solomon Islands, Turks and Caicos Islands and Tuvalu
Notes: 1 The former Yugoslavia had signed and ratified the 30 May 1989 (Dated 29 May 1989) Convenant on 8 August 1967 and 2 June 1971, respectively. It will be recalled that the former Yugoslavia had deposited the Termination of the derogation from the provisions of article 12 following notifications under article 4(3) of the Covenant of the Covenant in the Autonomous Province of Kosovo as from (Derogations), on the dates indicated hereinafter: 21 May 1989. The right of public assembly [article 21] continues to be temporarily suspended but only as concerns 17 April 1989 (Dated 14 April 1989) demonstrations. This is aimed at protecting public order, peace and the rights of citizens, regardless of nationality. Derogation from articles 12 and 21 of the Covenant in the Autonomous Province of Kosovo as from 28 March 1989. The 20 March 1990 (Dated 19 March 1990) measure became necessary because of disorders which led to the loss of human lives and which had threatened the established As of 21 February 1990 and owing to the escalation of social system. This situation which represented a general danger disorders which had led to the loss of human lives, the was a threat to the rights, freedoms and security of all the movement of persons in Kosovo was prohibited from 9 PM to 4 citizens of the Province regardless of nationality. AM, thereby derogating from article 12; and that public
IV 4. HUMAN RIGHTS 98 assembly was prohibited for the purpose of demonstration, 4 On 3 December 1999, the Government of China notified thereby derogating from article 21. The Government of the Secretary-General that: Yugoslavia further indicated that the measure derogating from article 12 had been terminated as of 10 March 1990. 1. The application of the Covenant, and its article 1 in particular, to the Macao Special Administrative Region shall not 26 April 1990 (Dated 24 April 1990) affect the status of Macao as defined in the Joint Declaration and in the Basic Law. Termination of the state of emergency with effect from 18 April 1990. 2. The provisions of the Covenant which are applicable to the Macao Special Administrative Region shall be implemented in See also note 1 under "Bosnia and Herzegovina", "Croatia", Macao through legislation of the Macao Special Administrative "former Yugoslavia", "Slovenia", "The Former Yugoslav Region. Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume. The residents of Macao shall not be restricted in the rights and freedoms that they are entitled to, unless otherwise provided for 2 Although Democratic Kampuchea had signed both [the by law. In case of restrictions, they shall not contravene the International Covenant on Economic, Social and Political Rights provisions of the Covenant that are applicable to the Macao and the International Covenant on Civil and Political Rights] on Special Administrative Region. 17 October 1980, the Government of Cambodia deposited an instrument of accession to the said Covenants. Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the 3 The signature was effected by Democratic Kampuchea. In international rights and obligations that place on a Party to the this regard the Secretary-General received, on 5 November Covenant. 1980, the following communication from the Government of Mongolia: Subsequently, the Secretary-General received communications concerning the status of Macao from China and Portugal (see "The Government of the Mongolian People's Republic note 3 under “China” and note 1 under “Portugal” regarding considers that only the People's Revolutionary Council of Macao in the “Historical Information” section in the front matter Kampuchea as the sole authentic and lawful representative of of this volume). Upon resuming the exercise of sovereignty the Kampuchean people has the right to assume international over Macao, China notified the Secretary-General that the obligations on behalf of the Kampuchean people. Therefore the Covenant with the statement made by China will also apply to Government of the Mongolian People's Republic considers that the Macao Special Administrative Region. the signature of the Human Rights Covenants by the representative of the so-called Democratic Kampuchea, a régime 5 Signed on behalf of the Republic of China on 5 October that ceased to exist as a result of the people's revolution in 1967. See note 1 under “China” in the “Historical Information” Kampuchea, is null and void. section in the front matter of this volume.
"The signing of the Human Rights Covenants by an With reference to the above-mentioned signature, individual, whose régime during its short period of reign in communications have been addressed to the Secretary-General Kampuchea had exterminated about 3 million people and had by the Permanent Representatives of Permanent Missions to the thus grossly violated the elementary norms of human rights, United Nations of Bulgaria, Byelorussian SSR, Czechoslovakia, each and every provision of the Human Rights Covenants is a Mongolia, Romania, the Ukrainian SSR, the Union of Soviet regrettable precedence, which discredits the noble aims and lofty Socialist Republics and Yugoslavia, stating that their principles of the United Nations Charter, the very spirit of the Governments did not recognize the said signature as valid since above-mentioned Covenants, gravely impairs the prestige of the the only Government authorized to represent China and to United Nations." assume obligations on its behalf was the Government of the People's Republic of China. Thereafter, similar communications were received from the Government of the following States on the dates indicated and In letters addressed to the Secretary-General in regard to the their texts were circulated as depositary notifications or, at the above-mentioned communications, the Permanent request of the States concerned, as official documents of the Representative of China to the United Nations stated that the General Assembly (A/33/781 and A/35/784): Republic of China, a sovereign State and Member of the United Nations, had attended the twenty-first regular session of the Participant: Date of receipt: General Assembly of the United Nations and contributed to the German Democratic 11 Dec 1980 formulation of, and signed the Covenants and the Optional Republic Protocol concerned, and that "any statements or reservations Poland 12 Dec 1980 relating to the above-mentioned Covenants and Optional Ukraine 16 Dec 1980 Protocol that are incompatible with or derogatory to the Hungary 19 Jan 1981 legitimate position of the Government of the Republic of China Bulgaria 29 Jan 1981 shall in no way affect the rights and obligations of the Republic Belarus 18 Feb 1981 of China under these Covenants and Optional Protocol". Russian Federation 18 Feb 1981 Czechoslovakia 10 Mar 1981 6 With regard to the application of the Covenant to Hong Kong, the Secretary-General received communications concerning the status of Hong Kong from the United Kingdom and China (see note 2 under “United Kingdom of Great Britain
IV 4. HUMAN RIGHTS 99 and Northern Ireland” and note 2 under “China” in the 9 See note 1 under “Germany” regarding Berlin (West) in “Historical Information” section in the front matter of this the “Historical Information” section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong volume. Kong, China notified the Secretary-General that the Covenant will also apply to the Hong Kong Special Administrative 10 The German Democratic Republic had signed and ratified Region. the Covenant with reservations and declarations, on 23 March 1973 and 8 November 1973, respectively (See, 7 Czechoslovakia had signed and ratified the Convention on C.N.88.1973.TREATIES-3 of 20 April 1973). For the text of 7 October 1968 and 23 December 1975, respectively, with the reservations and declarations, see United Nations, Treaty reservations and declarations. For the texts of the reservations Series , vol. 999, p. 294. See also note 2 under “Germany” in and declarations made upon signature and ratification, see the “Historical Information” section in the front matter of this United Nations, Treaty Series , vol. 999, pp. 283 and 289. volume.
Subsequently, on 12 March 1991, the Government of 11 See note 1 under "Montenegro" in the "Historical Czechoslovakia had declared the following: Information" section in the front matter of this volume.
[The Czech and Slovak Federal Republic] recognizes the 12 See note 1 under “New Zealand” regarding Tokelau in the competence of the Human Rights Committee established on the “Historical Information” section in the front matter of this basis of article 28 of the Covenant to receive and consider volume. communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the 13 With respect to the interpretative declarations made by Covenant. Algeria the Secretary-General received, on 25 October 1990, from the Government of Germany the following declaration: Further, on 7 June 1991, the Government of Czechoslovakia had made the following objection: [The Federal Republic of Germany] interprets the declaration under paragraph 2 to mean that the latter is not intended to "The Government of the Czech and Slovak Federal Republic eliminate the obligation of Algeria to ensure that the rights considers the reservations entered by the Government of the guaranteed in article 8, paragraph 1, of the International Republic of Korea to the provisions of paragraphs 5 and 7 of Covenant on Economic, Social and Cultural Rights and in article article 14 and article 22 of the International Covenant on Civil 22 of the International Covenant on Civil and Political Rights and Political Rights as incompatible with the object and purpose may be restricted only for the reasons mentioned in the said of the Covenant. In the opinion of the Czechoslovak articles and that such restrictions shall be prescribed by law. Government these reservations are in contradiction to the generally recognized principle of international law according to It interprets the declaration under paragraph 4 to mean that which a state cannot invoke the provisions of its own internal Algeria, by referring to its domestic legal system, does not law as justification for its failure to perform a treaty. intend to restrict its obligation to ensure through appropriate steps equality of rights and responsibilities of spouses as to "Therefore, the Czech and Slovak Federal Republic does not marriage, during marriage and at its dissolution. recognize these reservations as valid. Nevertheless the present declaration will not be deemed to be an obstacle to the entry into 14 By a communication received on 6 November 1984, the force of the Covenant between the Czech and Slovak Federal Government of Australia notified the Secretary-General of its Republic and the Republic of Korea." decision to withdraw the reservations and declarations made upon ratification with regard to articles 2 and 50, 17, 19, 25 and See also note 1 under “Czech Republic” and note 1 under to partially withdraw its reservations to articles 10 and 14. For “Slovakia” in the “Historical Information” section in the front the text of the reservations and declarations, see United Nations, matter of this volume. Treaty Series , vol. 1197, p. 411. 8 On 25 August 1997, the Secretary-General received from 15 The reservation was lodged with the Secretary-General on the Government of the Democratic People's Republic of Korea a 4 December 2006 by Bahrain, following its accession to the notification of withdrawal from the Covenant, dated 23 August Covenant on 20 September 2006. 1997. In keeping with the depositary practice followed in similar As the Covenant does not contain a withdrawal provision, the cases, the Secretary-General proposed to receive the reservation Secretariat of the United Nations forwarded on 23 September in question for deposit in the absence of any objection on the 1997 an aide-mémoire to the Government of the Democratic part of any of the Contracting States, either to the deposit itself People's Republic of Korea explaining the legal position arising or to the procedure envisaged, within a period of 12 months from the above notification. from the date of the relevant depositary notification. In the As elaborated in this aide-mémoire, the Secretary-General is absence of any such objection, the above reservation would be of the opinion that a withdrawal from the Covenant would not accepted in deposit upon the expiration of the above-stipulated appear possible unless all States Parties to the Covenant agree 12 month period, that is on 28 December 2007. with such a withdrawal. In view of the below objections, the Secretary-General did not The above notification of withdrawal and the aide-mémoire accept the reservation made by Bahrain in deposit. The were duly circulated to all States Parties under cover of Secretary-General received the following objections on the dates C.N.467.1997.TREATIES-10 of 12 November 1997. indicated hereinafter:
IV 4. HUMAN RIGHTS 100 Netherlands (27 July 2007): the view that the practice of late reservations should be discouraged. "The Government of the Kingdom of the Netherlands has examined the reservations made by the Kingdom of Bahrain to According to the first part of the reservation, the Government the International Covenant on Civil and Political Rights. Since of the Kingdom of Bahrain interprets the provisions of articles 3, the reservations were made after the accession of the Kingdom 18 and 23 as not affecting in any way the prescriptions of the of Bahrain to the Covenant, the Government of the Kingdom of Islamic Shariah. These provisions deal namely with the the Netherlands considers that the reservations were too late and questions of equality between men and women, freedom of therefore inconsistent with article 19 of the Vienna Convention thought, conscience and religion and the protection of family on the Law of Treaties. and marriage.
Furthermore, the reservation with respect to articles 3, 18 and Portugal considers that these articles are fundamental 23 of the Covenant is a reservation incompatible with the object provisions of the Covenant and the first reservation makes it and purpose of the Covenant. unclear to what extent the Kingdom of Bahrain considers itself bound by the obligations of the Covenant, raises concerns as to The Government of the Kingdom of the Netherlands considers the commitment of the Kingdom of Bahrain to the object and that with this reservation the application of the International purpose of the Covenant and, moreover, contribute to Covenant on Civil and Political Rights is made subject to the undermining the basis of international law. Islamic Shariah. This makes it unclear to what extent the Kingdom of Bahrain considers itself bound by the obligations of It is in the common interest of all States that treaties to which the Covenant and therefore raises concerns as to the they have chosen to become parties are respected as to their commitment of the Kingdom of Bahrain to the object and object and purpose by all parties and that States are prepared to purpose of the Covenant. undertake any legislative changes necessary to comply with their obligations under these treaties. The Governmnt of the Kingdom of the Netherlands recalls that, according to customary international law as codified in the The Government of the Portuguese Republic, therefore, Vienna Convention on the Law of Treaties, a reservation objects to the above mentioned reservation made by the incompatible with the object and purpose of a treaty is not Kingdom of Bahrain to the ICCPR. permitted. This objection shall not preclude the entry into force of the It is in the common interest of States that treaties to which Convention between Portugal and Bahrain." they have chosen to become party are respected, as to their object and purpose, by all parties and that States are prepared to Czech Republic (12 September 2007): undertake any legislative changes necessary to comply with their obligations under the treaties. "The Government of the Czech Republic has carefully examined the contents of reservation made by the Kingdom of The Government of the Kingdom of the Netherlands objects to Bahrain to the International Covenant on Civil and Political all of the reservations made by the Kingdom of Bahrain since Rights, adopted on 16 December 1966, in respect of Articles 3, they were made after accession, and specifically objects to the 18 and 23 thereof. Since the reservation was made after the content of the reservation on articles 3, 18 and 23 made by the accession of the Kingdom of Bahrain to the Covenant, the Kingdom of Bahrain to the International Covenant on Civil and Government of the Czech Republic considers that the Political Rights. This objection shall not preclude the entry into reservation was too late and therefore inconsistent with article force of the Covenant between the Kingdom of the Netherlands 19 of the Vienna Convention on the Law of Treaties. and the Kingdom of Bahrain." Furthermore the Government of the Czech Republic is of the Latvia (13 August 2007): opinion that the aforementioned reservation is in contradiction with the general principle of treaty interpretation according to "The Government of the Republic of Latvia has noted that the which a State party to a treaty may not invoke the provisions of reservation made by the Kingdom of Bahrain is submitted to the its internal law as justification for failure to perform according Secretary General on 4 December 2006, but the consent to be to the obligations set out by the treaty. Furthermore, the bound by the said Covenant by accession is expressed on 20 reservation consists of a general reference to the Constitution September 2006. In accordance with Article 19 of the Vienna without specifying its content and as such does not clearly Convention on the Law of Treaties reservations might be made define to other Parties to the Covenant the extent to which the upon signature, ratification, acceptance, approval or accession. reserving State commits itself to the Covenant. Taking into considerations the aforementioned, the Government of the Republic of Latvia considers that the said reservation is The Government of the Czech Republic recalls that it is in the not in force since its submission." common interest of States that treaties to which they have chosen to become party are respected, as to their object and Portugal (29 August 2007): purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their "The Government of the Portuguese Republic has carefully obligations under the treaties. According to customary examined the reservations made by the Government of the international law as codified in the Vienna Convention on the Kingdom of Bahrain to the International Covenant on Civil and Law of Treaties, a reservation that is incompatible with the Political Rights (ICCPR). The Government of the Portuguese object and purpose of a treaty shall not be permitted. Republic notes that the reservations were made after the accession of the Kingdom of Bahrain to the Covenant and is of
IV 4. HUMAN RIGHTS 101 The Government of the Czech Republic therefore objects to exclude the obligations under those provisions, are in the aforesaid reservation made by the Kingdom of Bahrain to the contradiction with the object and purpose of the Covenant. In Covenant. This objection shall not preclude the entry into force addition, article 18 of the Covenant is among the provisions of the Covenant between the Czech Republic and the Kingdom from which no derogation is allowed, according to article 4 of of Bahrain, without the Kingdom of Bahrain benefiting from its the Covenant. reservation." The Government of Canada therefore objects to the aforesaid Estonia (12 September 2007): reservation made by the Government of the Kingdom of Bahrain. This objection does not preclude the entry into force in "The Government of Estonia has carefully examined the its entirety of the Covenant between Canada and the Kingdom of reservations made by the Kingdom of Bahrain to the Bahrain." International Covenant on Civil and Political Rights. Since the reservations were made after the accession of the Kingdom of Australia (18 September 2007): Bahrain to the Covenant, the Government of Estonia considers that the reservations were late and therefore inconsistent with "The Government of Australia has examined the reservation international customary law as codified into Article 19 of the made by the Kingdom of Bahrain to the International Covenant Vienna Convention on the Law of Treaties. on Civil and Political Rights. As the reservations were made after the accession of the Kingdom of Bahrain to the Covenant, Furthermore, the reservations made by the Kingdom of the Government of Australia considers that the reservations were Bahrain to Articles 3, 18 and 23 of the Covenant make a general late and therefore inconsistent with article 19 of the Vienna reference to the prescriptions of the Islamic Shariah. The Convention on the Law of Treaties. Government of Estonia is of the view that in the absence of any further clarification, the reservation makes it unclear to what The Government of Australia considers that the reservation extent the Kingdom of Bahrain considers itself bound by the with respect to articles 3, 18 and 23 of the Covenant is a obligations of the Convention and therefore raises concerns as to reservation incompatible with the object and purpose of the the commitment of the Kingdom of Bahrain to the object and Covenant. The Government of Australia recalls that, according purpose of the Covenant. to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible Therefore, the Government of Estonia objects to all of the with the object and purpose of a treaty is not permitted. reservations made by the Kingdom of Bahrain to the International Covenant on Civil and Political Rights since they It is in the common interest of States that treaties to which were made after the accession, and specifically objects to the they have chosen to become party are respected, as to their content of the reservations to Articles 3, 18 and 23. object and purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their Nevertheless, this objection shall not preclude the entry into obligations under the treaties. force of the International Covenant on Civil and Political Rights as between Estonia and the Kingdom of Bahrain." The Government of Australia considers that the Kingdom of Bahrain is, through this reservation, purporting to make the Canada (18 September 2007): application of the International Covenant on Civil and Political Rights subject to Islamic Shariah law. As a result, it is unclear "The Government of Canada has carefully examined the to what extent the Kingdom of Bahrain considers itself bound by declaration made by the Government of the Kingdom of Bahrain the obligations of the Covenant and therefore raises concerns as upon acceding to the International Covenant on Civil and to the commitment of the Kingdom of Bahrain to the object and Political Rights, in accordance with which the Government of purpose of the Covenant. the Kingdom of Bahrain ‘interprets the Provisions of Article 3, 18 and 23 as not affecting in any way the prescriptions of the The Government of Australia recalls the general principle of Islamic Shariah'. treaty interpretation, codified in the Vienna Convention on the Law of Treaties, according to which a party may not invoke the The Government of Canada notes that these declarations provisions of its internal lawas justification for its failure to constitute in reality reservations and that they should have been perform a treaty. lodged at the time of accession by Bahrain to the Covenant. Further, as regards the reservation with respect to article 18, The Government of Canada considers that by making the the Government of Australia recalls that according to article 4 interpretation of articles 3, 18 and 23 of the Covenant subject to (2) of the Covenant, no derogation of article 18 is permitted. the prescriptions of the Islamic Shariah, the Government of the Kingdom of Bahrain is formulating reservations with a general, The Government of Australia objects to all of the reservations indeterminate scope, such that they make it impossible to made by the Kingdom of Bahrain as they were made after identify the modifications to obligations under the Covenant, accession, and specifically objects to the content of the which they purport to introduce and they do not clearly define reservation on article 3, 18 and 23 made by the Kingdom of for the other States Parties to the Convention the extent to which Bahrain to the International Covenant on Civil and Political the reserving State haaccepted the obligations of the Rights. Convention. This objection shall not preclude the entry into force of the The Government of Canada notes that the reservations made Covenant between Australia and the Kingdom of Bahrain." by the Government of the Kingdom of Bahrain, addressing some of the most essential provisions of the Covenant, and aiming to Ireland (27 September 2007):
IV 4. HUMAN RIGHTS 102 "The Government of Ireland has examined the reservations of Bahrain and is capable of contravening the object and purpose made on 4 December 2006 by the Government of the Kingdom of the Covenant. of Bahrain to the International Covenant on Civil and Political Rights. The Government of Italy therefore objects to the above- mentioned reservation made by the Government of the Kingdom The Government of Ireland notes that the reservation was not of Bahrain. This objection, however, shall not preclude the entry made by the Kingdom of Bahrain at the time of its accession to into force of the Covenant between the Government of Italy and the International Covenant on Civil and Political Rights on 20 the Government of the Kingdom of Bahrain." September 2006. Poland (3 December 2007) The Government of Ireland further notes that the Kingdom of Bahrain subjects application of Articles 3, 18 and 23 of the “The Government of the Republic of Poland has examined the International Covenant on Civil and Political Rights to the reservations made by the Kingdom of Bahrain after its accession prescriptions of the Islamic Shariah. The Government of Ireland to the International Covenant on Civil and Political Rights, is of the view that a reservation which consists of a general opened for signature at New York on 19 December 1966, reference to religious law may cast doubts on the commitment of hereinafter called the Covenant, in respect of article 3, article 9 the reserving State to fulfil its obligations under the Covenant. paragraph 5, article 14 paragraph 7, article 18 and article 23. The Government of Ireland is furthermore of the view that such a general reservation may undermine the basis of international The Government of the Republic of Poland considers that the treaty law and is incompatible with the object and purpose of the reservations made by the Kingdom of Bahrain are so called late Covenant. reservations, since they were made after the date of accession of the Kingdom of Bahrain to the Covenant. Therefore the The Government of Ireland also notes that the Kingdom of reservations are inconsistent with article 19 of the Vienna Bahrain does not consider that Article 9 (5) detracts from its Convention on the Law of Treaties, which provides for the right to layout the basis and rules of obtaining the compensation possibility of formulation of reservations only when signing, mentioned therein. The Government of Ireland is of the view ratifying, accepting, approving or acceding to a treaty. that a reservation which is vague and general in nature as to the basis and rules referred to may similarly make it unclear to what Furthermore, the Government of the Republic of Poland extent the reserving State considers itself bound by the considers that as a result of reservations with respect to articles obligations of the Covenant and cast doubts on the commitment 3, 18 and 23 of the Covenant, the implementation of provisions of the reserving State to fulfil its obligations under the of these articles by the Kingdom of Bahrain is made subject to Covenant. the prescriptions of the Islamic Shariah, with the result that the extent to which the Kingdom of Bahrain has accepted the The Government of Ireland further notes that the Kingdom of obligations of the said articles of the Covenant is not defined Bahrain considers that no obligation arises from Article 14 (7) precisely enough for the other State Parties. The Republic of beyond those contained in Article 10 of its national Criminal Poland considers that these reservations lead to differentiation in Law. The Government of Ireland is of the view that such a enjoyment of the rights warranted in the Covenant, which is reservation may cast doubts on the commitment of the reserving incompatible with the purpose and object of the Covenant and State to fulfil its obligations under the Covenant and may therefore not permitted (article 19 c) of the Vienna Convention undermine the basis of international treaty law. on the Law of Treaties).
The Government of Ireland therefore objects to the aforesaid The Government of the Republic of Poland therefore objects reservations made by the Government of the Kingdom of to the reservations made by the Kingdom of Bahrain. Bahrain to the International Covenant on Civil and Political Rights. However this objection does not preclude the entry into force of the Covenant between the Republic of Poland and the This objection shall not preclude the entry into force of the Kingdom of Bahrain.” Covenant between Ireland and the Kingdom of Bahrain." Sweden (3 December 2007) Italy (1 November 2007): “The Government of Sweden notes that the reservations made "The Government of Italy has examined the reservation made by the Kingdom of Bahrain were made after its accession to the by the Government of the Kingdom of Bahrain to Articles 3, 18 Covenant. Since these reservations were formulated late they are and 23 of the International Covenant on Civil and Political to be considered inconsistent with the general principle of pacta Rights. sunt servanda as well as customary international law as codified in the Vienna Convention on the Law of Treaties. The Government of Italy considers that the reservation of the Government of the Kingdom of Bahrain, whereby it excludes Furthermore the Government of Sweden notes that the any interpretation of the provisions of Articles 3, 18 and 23, Government of the Kingdom of Bahrain has made a reservation which would affect the prescription of the Islamic Shariah, does with respect to articles 3, 18 and 23 giving precedence to the not clearly define the extent to which the reserving State has provisions of Islamic Shariah and national legislation over the accepted the obligation under these Articles. application of the provisions of the Covenant. This reservation does not, in the opinion of the Government of Sweden, clearly This reservation raises serious doubts about the real extent of specify the extent of the derogation by the Government of the the commitment undertaken by the Government of the Kingdom Kingdom of Bahrain from the provisions in question and raises
IV 4. HUMAN RIGHTS 103 serious doubts as to the commitment of the Kingdom of Bahrain The Permanent Mission of Mexico to the United Nations to the object and purpose of the Covenant. presents its compliments to the Treaty Section of the Office of Legal Affairs and has the honour to refer to the accession of the The Government of Sweden would like to recall that, Kingdom of Bahrain to the 1966 International Covenant on Civil according to customary international law as codified in the and Political Rights on 20 December 2006 and to the Vienna Convention on the Law of Treaties, reservations reservations that it made to various provisions, including articles incompatible with the object and purpose of a treaty shall not be 3, 18 and 23. permitted. It is in the common interest of States that treaties, to which they have chosen to become a party, are respected, as to In that regard, the Permanent Mission of Mexico would like to their object and purpose, by all parties and that States are state that the Government of Mexico has studied the content of prepared to undertake any legislative changes necessary to Bahrain’s reservation and is of the view that it should be comply with their obligations under the treaties. considered invalid because it is incompatible with the object and purpose of the Covenant. The Government of Sweden therefore objects to all of the reservations made by the Government of the Kingdom of The reserve formulated, if applied, would have the Bahrain to the International Covenant on Civil and Political unavoidable result of making implementation of the articles Rights, as they were made after accession, and specifically mentioned subject to the provisions of Islamic Shariah, which objects to the content of the reservations on articles 3, 18 and 23 would constitute discrimination in the enjoyment and exercise of made by the Government of the Kingdom of Bahrain to the the rights enshrined in the Covenant; this is contrary to all the Covenant, and considers them null and void. articles of this international instrument. The principles of the equality of men and women and non-discrimination are This objection shall not preclude the entry into force of the enshrined in the preamble and article 2, paragraph 1 of the Covenant [in] its entirety between the Kingdom of Bahrain and Covenant and in the preamble and Article 1, paragraph 3 of the Sweden, without the Kingdom of Bahrain benefiting from its Charter of the United Nations. reservations.” The objection of the Government of Mexico to the reservation Hungary (4 December 2007) in question should not be interpreted as an impediment to the entry into force of the Covenant between Mexico and the “The Government of the Republic of Hungary has carefully Kingdom of Bahrain. examined the contents of the reservation made by the Kingdom of Bahrain to the International Covenant on Civil and Political Slovakia (18 December 2007): Rights, adopted on 16 December 1966, in respect of Articles 3, 18 and 23 thereof. Since the reservation was made after the “The Government of Slovakia has carefully examined the accession of the Kingdom of Bahrain to the Covenant, the content of the reservations made by the Kingdom of Bahrain Government of the Republic of Hungary considers that the upon its accession to the International Covenant on Civil and reservation was too late and therefore inconsistent with article Political Rights. 19 of the Vienna Convention on the Law of Treaties. The Government of Slovakia is of the opinion that the Furthermore the Government of the Republic of Hungary is of reservation of the Kingdom of Bahrain, whereby it excludes any the opinion that the aforementioned reservation is in interpretation of the provisions of Articles 3, 18 and 23, which contradiction with the general principle of treaty interpretation would affect the prescription of the Islamic Shariah, does not according to which a State party to a treaty may not invoke the clearly define the extent to which the reserving State has provisions of its internal law as justification for failure to accepted the obligation under these Articles. This reservation is perform according to the obligations set out by the treaty. too general and raises serious doubts as to the commitment of Furthermore, the reservation consists of a general reference to the Kingdom of Bahrain to the object and the purpose of the the Constitution without specifying its content and as such does Covenant. not clearly define to other Parties to the Covenant the extent to which the reserving State commits itself to the Covenant. For these reasons, the Government of Slovakia objects to the above mentioned reservations made by the Government of the The Government of the Republic of Hungary recalls that it is Kingdom of Bahrain upon its accession to the International in the common interest of States that treaties to which they have Covenant on Civil and Political Rights. chosen to become party are respected, as to their object and purpose, by all parties and that States are prepared to undertake This objection shall not preclude the entry into force of the any legislative changes necessary to comply with their Covenant between Slovakia and the Kingdom of Bahrain. The obligations under the treaties. According to customary Covenant enters into force in its entirety between Slovakia and international law as codified in the Vienna Convention on the the Kingdom of Bahrain without the Kingdom of Bahrain Law of Treaties, a reservation that is incompatible with the benefiting from its reservations.” object and purpose of a treaty shall not be permitted. United Kingdom of Great Britain and Northern Ireland (27 The Government of the Republic of Hungary therefore objects December 2007): to the aforesaid reservation made by the Kingdom of Bahrain to the Covenant. This objection shall not preclude the entry into “The United Kingdom objects to Bahrain’s reservations as force of the Covenant between the Republic of Hungary and the they were made after the date of Bahrain’s accession to the Kingdom of Bahrain.” Covenant.
Mexico (13 December 2007)
IV 4. HUMAN RIGHTS 104 The United Kingdom further objects to the substance of confirmed upon ratification, regarding articles 7 and 12, Bahrain’s first reservation, to Articles 3, 18 and 23. In the view paragraph 3 of the Covenant. of the United Kingdom a reservation should clearly define for the other States Parties to the Covenant the extent to which the The Government of the Italian Republic notes that the reserving State has accepted the obligations of the Covenant. A aforesaid articles of the Covenant are being made subject to a reservation which consists of a general reference to a system of general reservation referring to the contents of exsing legislation law without specifying its contents does not do so. in Botswana. The Government of the Italian Republic is of the view that, in the absence of further clarification, these These objections shall not preclude the entry into force of the reservations referring to international legislation raise doubts as Covenant between the United Kingdom of Great Britain and to the commitment of Botswana to fulfill its obligation under the Northern Ireland and the Kingdom of Bahrain. However on Covenant. account of their lateness the reservations shall have no effect as between Bahrain and the United Kingdom.” The Government of the Italian Republic considers these reservations to be incompatible with the object and the purpose 16 On 30 September 1992, the Government of Belarus of the Covenant according to article 19 of the 1969 Vienna notified the Secretary-General its decision to withdraw the Convention on the law of treaties. These reservations do not fall reservation made upon signature and confirmed upon within the rule of article 20, paragraph 5, and can be objected at ratification. For the text of the declaration regarding article any time. 48 (1) so withdrawn, see United Nations, Treaty Series , vol. 999, p. 282. Therefore, the Italian Government objects to the aforesaid reservations made by the Republic of Botswana to the Covenant. 17 In a notification received on 14 September 1998, the Government of Belgium informed the Secretary-General that it This objection does not preclude the entry into force of the had decided to withdraw its reservation with regard to articles 2, Covenant between Italy and Botswana”. 3 and 25 made upon ratification. For the text of the reservation, see United Nations, Treaty Series , vol. 1312, p. 328. 19 On 2 April 2014, Denmark modified the reservation made upon ratification which reads as follows: 18 With regard to the reservation made by Botswana upon signature and confirmed upon ratification, the Secretary-General "1. The Government of Denmark makes a reservation in received, from the following States, communications on the respect of Article 10, paragraph 3, second sentence. In Danish dates indicated hereinafter: practice, considerable efforts are made to ensure appropriate age distribution of convicts serving sentences of imprisonment, but Austria (17 October 2001): it is considered valuable to maintain possibilities of flexible arrangements. "Austria has examined the reservation made by the Government of the Republic of Botswana upon signature of the 2. (a). Article 14, paragraph 1, shall not be binding on 1966 International Covenant on Civil and Political Rights, and Denmark in respect of public hearings. In Danish law, the right confirmed upon ratification, regarding Articles 7 and 12 para. 3 to exclude the press and the public from trials may go beyond of the Covenant. what is permissible under this Covenant, and the Government of Denmark finds that this right should not be restricted. The fact that Botswana is making the said articles subject to a general reservation referring to the contents of existing national (b). Article 14, paragraphs 5 and 7, shall not be binding legislation, in the absence of further clarification raises doubts as on Denmark. to the commitment of Botswana to the object and purpose of the Covenant. According to customary international law as codified The Danish Administration of Justice Act contains in the Vienna Convention on the Law of Treaties, a reservation detailed provisions regulating the matters dealt with in these two incompatible with the object and purpose of a treaty shall not be paragraphs. In some cases, Danish legislation is less restrictive permitted. In Austria's view the reservation in question is than the Covenant (e.g. a verdict returned by a jury on the therefore inadmissible to the extent that its application could question of guilt cannot be reviewed by a higher tribunal, cf. negatively affect the compliance by Botswana with its paragraph 5); in other cases, Danish legislation is more obligations under Articles 7 and 12 para. 3 of the Covenant. restrictive than the Coven ant (e.g. with respect to resumption of a criminal case in which the accused party was acquitted, cf. For these reasons, Austria objects to the reservation made by paragraph 7). the Government of the Republic of Botswana to the International Covenant on Civil and Political Rights. 3. Reservation is further made to Article 20, paragraph 1. This reservation is in accordance with the vote cast by Denmark This objection shall not preclude the entry into force of the in the XVI General Assembly of the United Nations in 1961 Covenant in its entirety between Botswana and Austria, without when the Danish Delegation, referring to the preceding article Botswana benefiting from its reservation." concerning freedom of expression, voted against the prohibition against propaganda for war." Italy (20 December 2001): 20 In communications received on 29 March 1985 and 26 “The Government of the Italian Republic has examined the July 1990, the Government of Finland notified the Secretary- reservations made by the Republic of Botswana upn signature of General of its decision to withdraw the reservations made upon the International Covenant on Civil and Political Rights, and ratification with respect to articles 13 and 14 (1) (the notification indicates that the withdrawal was effected because the relevant
IV 4. HUMAN RIGHTS 105 provisions of the Finnish legislation have been amended as to respects, conform to the requirements of article 14 of the correspond fully to articles 13 and 14 (1) of the Covenant), and Covenant.” with respect to articles 9 (3) and 14 (3) (d), respectively. For the text of the reservations, see United Nations, Treaty Series , vol. 27 On 15 December 2011, the Government of Ireland 999, p. 291. informed the Secretary-General that it had decided to withdraw its reservation concerning article 19 paragraph 2 of the Covenant 21 In a communication received on 22 March 1988, the made upon ratification. The text of the reservation withdrawn Government of France notified the Secretary-General of its reads as follows: decision to withdraw, with effect from that date, its reservation with regard to article 19 made upon accession to the said “Ireland reserves the right to confer a monopoly on or require Covenant. For the text of the reservation, see United Nations, the licensing of broadcasting enterprises.” Treaty Series , vol. 1202, p. 395. 28 With reference to the ratification of the above Covenant 22 In a communication received on 26 July 2012, the by Italy, the Government of Italy informed the Secretary- Government of France notified the Secretary-General of its General, by a notification received on 20 December 2005, of its decision to partially withdraw, its reservation with regard to decision to withdraw the following reservations in respect of article 14, paragraph 5 made upon accession. The reservation articles 9 (5), 12 (4) and 14 (5), made upon ratification of the upon accession read as follows: Covenant:
The Government of the Republic interprets article 14, Article 9, paragraph 5 paragraph 5, as stating a general principle to which the law may make limited exceptions, for example, in the case of certain of- The Italian Republic, considering that the expression fences subjct to the initial and final adjudication of a police "unlawful arrest or detention" contained in article 9, paragraph court and of criminal offences. However, an appeal against a 5, could give rise to differences of interpretation, declares that it final decision may be made to the Court of Cassation which interprets the aforementioned expression as referring exclusively rules on the legality of the decision concerned. to cases of arrest or detention contrary to the provisions of article 9, paragraph 1. 23 In a communication received on that same date, the Government of Germany indicated that it wishes to call attention Article 12, paragraph 4 to the reservations made by the Federal Republic of Germany upon ratification of the Covenant with regard to articles 19, 21 Article 12, paragraph 4, shall be without prejudice to the and 22 in conjunction with articles 2 (1), 14 (3), 14 (5) and 15 application of transitional provision XIII of the Italian (1). Constitution, respecting prohibition of the entry into and sojourn in the national territory of certain members of the House of 24 On 18 October 1993, the Government of Iceland notified Savoy. the Secretary-General of its decision to withdraw as of 18 October 1993, the reservation to paragraph 3(a) of article 8, Article 14, paragraph 5 made upon ratification. For the text of the reservation, see United Nations, Treaty Series , vol. 1144, p. 386. Article 14, paragraph 5, shall be without prejudice to the application of existing Italian provisions which, in accordance 25 On 19 October 2009, the Government of Iceland notified with the Constitution of the Italian Republic, govern the the Secretary-General of its decision to withdraw the reservation conduct, at one level only, of proceedings instituted before the concerning article 13 (3), made upon ratification to the Constitutional Court in respect of charges brought against the Covenant. The text of the reservation withdrawn reads as President of the Republic and its Ministers. follows: 29 On 20 May 2016, the Government of the State of Kuwait Article 13, to the extent that it is inconsistent with the notified the Secretary-General of its decision to partially Icelandic legal provisions in force relating to the right of aliens withdraw the reservation to article 25 (b) made upon its to object to a decision on their expulsion. accession to the Covenant. The reservation made upon acession read as follows: 26 On 12 April 1994 and 24 August 1998, respectively, the Government of Ireland notified the Secretary-General of its "The Government of Kuwait wishes to formulate a reservation decision to withdraw the declaration with respect to article 6 (5), with regard to article 25(b). The provisions of this paragraph on the one hand, and the reservations made to articles 14 (6) and conflict with the Kuwaiti electoral law, which restricts the right 23 (4), on the other, made upon ratification. For the text of the to stand and vote in elections to males. declaration and reservations, see United Nations, Treaty Series , It further declares that the provisions of the article shall not vol. 1551, p. 352. apply to members of the armed forces or the police." On 26 January 2009, the Government of Ireland notified the 30 Secretary-General that it had decided to withdraw the With regard to the reservation made by the Lao People's reservation with respect to article 14 made upon ratification, Democratic Republic upon ratification, the Secretary-General which read as follows: “Ireland reserves the right to have minor received, from the following States, communications on the offences against military law dealt with summarily in dates indicated hereinafter: accordance with current procedures, which may not, in all United Kingdom of Great Britain and Northern Ireland (21 October 2010):
IV 4. HUMAN RIGHTS 106 "The United Kingdom of Great Britain and Northern Ireland This objection does not preclude the entry into force of the has carefully examined the reservation made by the Government Covenant between the Lao People’s Democratic Republic and of the Lao People's Democratic Republic upon ratification of the Sweden. The Covenant enters into force in its entirety between International Covenant on Civil and Political rights. the two States, without Lao People’s Democratic Republic benefiting from its reservations.” The United Kingdom considers that with this reservation the application of Article 22 of the Covenant is made subject to 31 On 28 April 2000, the Government of Liechtenstein national law in force in the Lao People's Democratic Republic. informed the Secretary-General that it had decided to withdraw This makes it unclear to what extent the Lao People's its reservation to article 20 paragraph 2 of the Covenant made Democratic Republic considers itself bound by the obligations upon accession. The text of the reservation reads as follows: under Article 22 of the Covenant. “The Principality of Liechtenstein reserves the right not to The United Kingdom considers that a reservation should adopt further measures to ban propaganda for war, which is clearly define for the other States Parties to the Covenant the prohibited by article 20, paragraph 1 of the Covenant. The extent to which the reserving State has accepted the obligations Principality of Liechtenstein reserves the right to adopt a of the Covenant. A reservation which consists of a general criminal provision which will take into account the requirements reference to national law without specifying its implications of article 20, paragraph 2, on the occasion of its possible does not do so. accession to the Convention of 21 December 1965 on the Elimination of All Forms of Racial Discrimination.” The United Kingdom therefore objects to the reservation made by the Government of the Lao People's Democratic Republic to On 13 October 2009, the Government of Liechtenstein Article 22 of the Covenant. This objection shall not preclude the informed the Secretary-General that it had decided to withdraw entry into force of the Covenant between the United Kingdom of its reservation concerning article 24 paragraph 3 of the Covenant Great Britain and Northern Ireland and the Lao People's made upon accession. The text of the reservation withdrawn Democratic Republic." reads as follows:
Sweden (18 October 2010): “The Principality of Liechtenstein reserves the right to apply the Liechtenstein legislation according to which Liechtenstein “The Government of Sweden notes that the Lao People’s nationality is granted under certain conditions.” Democratic Republic has reserved the right to interpret Article 22 in accordance with Article 1, and to apply to Article 22 as to 32 With regard to the reservation made by Maldives upon be in conformity with the Constitution and relevant national accession, the Secretary-General received, from the following laws of the Lao People’s Democratic Republic. The States, communications on the dates indicated hereinafter: Government of Sweden is of the belief that this reservation, which does not clearly specify the extent of the derogation, Italy (1 November 2007): raises serious doubt as to the commitment of the Lao People’s Democratic Republic to the object and purpose of the Covenant. "The Government of Italy has examined the reservation made by the Republic of Maldives with respect to Article 18 of the According to international customary law, as codified in International Covenant on Civil and Political Rights. Article 19 of the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of a The Government of Italy considers that, by providing that the Convention shall not be permitted. It is in the common interest application of Article 18 is without prejudice to the Constitution of all States that treaties, to which they have chosen to become of the Republic of Maldives, the reservation does not clearly parties, are respected as to their object and purpose by all define the extent to which the reserving State has accepted the parties, and that States are prepared to undertake any legislative obligation under that Article. This reservation raises serious changes necessary to comply with their obligation under the doubts about the real extent of the commitment undertaken by treaties. the Republic of Maldives and is capable of contravening the object and purpose of the Covenant. Furthermore, the Government of Sweden recalls that the designation assigned to a statement whereby the legal effect of The Government of Italy therefore objects to the above- certain provisions of a treaty is modified or excluded does not mentioned reservation made by the Republic of Maldives. determine its status as a reservation to the treaty. It is the understanding of the Government of Sweden that the declaration This objection, however, shall not preclude the entry into force of the Lao People’s Democratic Republic concerning articles 1 of the Covenant between the Government of Italy and the and 18 of the Covenant modifies the legal effect of the Republic of Maldives." provisions of the Covenant in their application to Lao People’s Democratic Republic. Hence the Government of Sweden Slovakia (21 December 2007): considers that these interpretative declarations in substance constitute reservations. “The Government of Slovakia has carefully examined the content of the reservations made by the Republic of Maldives The Government of Sweden therefore objects to the aforesaid upon its accession to the International Covenant on Civil and reservations made by the Lao People’s Democratic Republic to Political Rights. the International Covenant on Civil and Political Rights and considers the reservations null and void. The Government of Slovakia is of the view that general reservation made by the Republic of Maldives that (The application of the principles set out in Article 18 of the
IV 4. HUMAN RIGHTS 107 Covenant shall be without prejudice to the Constitution of the The Government of the Kingdom of the Netherlands considers Republic of Maldives(is too general and does not clearly specify that with its reservations to the Articles 3, 6, 7, 12, 13,18, 19 and the extent of the obligations under the Covenant for the Republic 25 of the Covenant, the Islamic Republic of Pakistan has made of Maldives. the application of essential obligations under the Covenant concerning, amongst others, equality between men and women, According to the Maldivian legal system, mainly based on the the right to life, including restrictions on the imposition of the principles of Islamic law, the reservation raises doubts as to the death penalty, the prohibition of torture, freedom of thought, commitment of of the Republic of Maldives to its obligations conscience and religion, freedom of expression, the right to under the Covenant, essential for the fulfillment of its object and liberty of movement and freedom in the choice of residence, purpose. restrictions on the expulsion of aliens lawfully in the territory of a State Party, the right to take part in public affairs, the right to The Government of Slovakia objects for these reasons to the vote and to be elected and the right to have access to public above mentioned reservation made by the Government of the service on terms of equality subject to the Sharia laws and/or the Republic of Maldives upon its accession to the International constitutional and/or national laws in force in Pakistan. Covenant on Civil and Political Rights. This makes it unclear to what extent the Islamic Republic of 33 On 15 March 2002, the Government of Mexico notified Pakistan considers itself bound by the obligations of the treaty the Secretary-General of a partial withdrawal of its reservation and raises concerns as to the commitment of the Islamic to article 25 (b) made upon accession. The reservation made Republic of Pakistan to the object and purpose of the Covenant. upon accession read as follows: The Government of the Kingdom of the Netherlands considers Article 25, subparagraph (b): that reservations of this kind must be regarded as incompatible with the object and purpose of the Covenant and would recall The Government of Mexico also makes a reservation to this that, according to customary international law, as codified in the provision, since article 130 of the Political Constitution of the Vienna Convention on the Law of Treaties, reservations United Mexican States provides that ministers of religion shall incompatible with the object and purpose of a treaty shall not be have neither an active nor a passive vote, nor the right to form permitted. associations for political purposes. The Government of the Kingdom of the Netherlands has also On 11 July 2014, the Government of Mexico notified the examined the reservation of the Islamic Republic of Pakistan Secretary-General of the Partial withdrawal of the reservation with respect to Article 40 of the Covenant. made upon accession. The portion of the reservation which has been withdrawn read as follows: The Government of the Netherlands considers that the supervisory machinery established under the Covenant, Article 13. The Government of Mexico makes a reservation to including the system of periodic reporting to the Human Rights this article, in view of the present text of article 33 of the Committee established pursuant to Article 40 forms an essential Political Constitution of the United Mexican States. part of the treaty. Accordingly, a reservation such as the reservation of the Islamic Republic of Pakistan, in which a State 34 In a communication received on 20 December 1983, the Party declares not to recognize the competence of the Human Government of the Netherlands notified the Secretary-General Rights Committee to review and comment State periodic reports that it was withdrawing its reservation with regard to article 25 must be considered contrary to the object and purpose of the (c). The text of the reservation read as follows: Covenant and shall therefore not be permitted.
"The Kingdom of the Netherlands does not accept this The Government of the Kingdom of the Netherlands therefore provision in the case of the Netherlands Antilles." objects to the reservations of the Islamic Republic of Pakistan to the aforesaid Articles of the Covenant. See notes 1 and 2 under “Netherlands” regarding Aruba/Netherlands Antilles in the “Historical Information” This objection does not constitute an obstacle to the entry into section in the front matter of this volume. force of the Covenant between the Kingdom of the Netherlands and the Islamic Republic of Pakistan.”
Subsequently, in a communication received on 20 September 35 In a notification received by the Secretary-General on 12 2011, the Government of Pakistan notified the Secretary- December 1979, the Government of Norway withdrew the General that it had decided to partially withdraw the reservation formulated simultaneously in respect of article 6 (4). reservations, made upon ratification, to articles 3 and 25 of the Convention. 36 The Secretary-General received the following communication(s) related to the reservations made by Pakistan, These reservations read as follows: on the date(s) indicated hereinafter: Article 3 The Netherlands (30 June 2011) ‘"The Government of the Islamic Republic of Pakistan “The Government of the Kingdom of the Netherlands has declares that the provisions of Article 3 of the International examined the reservations made by the Islamic Republic of Covenant on Civil and Political Rights shall be so applied as to Pakistan upon ratification of the International Covenant on Civil be in conformity with Personal Law of the citizens and Qanoon- and Political Rights e-Shahadat".
IV 4. HUMAN RIGHTS 108 Article 25 The Government of Sweden is of the view that such reservations, which do not clearly specify the extent of the ‘"The Government of the Islamic Republic of Pakistan states derogations, [raise] doubt as to the commitment of the State of that the application of Article 25 of the International Covenant Qatar to the object and purpose of the [Covenant]. on Civil and Political Rights shall be subject to the principle laid down in Article 41 (2) and Article 91 (3) of the Constitution of According to customary international law, as codified in the Pakistan". Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of the [Covenant] shall not be permitted. It is in the common interest of states that treaties to which they have chosen to become parties are Subsequently, in a communication received on 20 September respected, as to their object and purpose, by all parties and that 2011, the Government of Pakistan notified the Secretary- states are prepared to undertake any legislative changes General that it had decided to partially withdraw the necessary to comply with their obligations under the treaties. reservations, made upon ratification, to articles 6, 7, 12, 13, 18, 19 and 40 of the Convention. For this reason, the Government of Sweden objects to the aforementioned reservations made by the Government of Qatar. These reservations read as follows: The [Covenant] shall enter into force in its entirety between the two States, without Qatar benefitting from its reservations.” “Article 3, 6, 7, 18 and 19 38 On 15 March 1991, 19 January 1993 and 2 April 2007, ‘[The] Islamic Republic of Pakistan declares that the respectively, the Government of the Republic of Korea notified provisions of Articles 3, 6, 7, 18 and 19 shall be so applied to the Secretary-General of its decision to withdraw the the extent that they are not repugnant to the Provisions of the reservations made in respect of article 23 (4) (with effect from Constitution of Pakistan and the Sharia laws’. 15 March 1991), of article 14 (7) (with effect from 21 January 1993) and of article 14 (5) (with effect from 2 April 2007) made Article 12 upon accession.
‘The Islamic Republic of Pakistan declares that the provisions 39 On 16 October 1995, the Government of Switzerland of Articles 12 shall be so applied as to be in conformity with the notified the Secretary-General that it had decided to withdraw its Provisions of the Constitution of Pakistan’. reservation to article 20, paragraph 2 made upon accession, which reads as follows: Article 13 Switzerland reserves the right to adopt a criminal provision ‘With respect to Article 13, the Government of the Islamic which will take into account the requirements of article 20, Republic of Pakistan reserves its right to apply its law relating to paragraph 2, on the occasion of its forthcoming accession to the foreigners’. 1966 International Convention on the Elimination of All Forms of Racial Discrimination. Article 40 Further, on 12 January 2004, the Government of Switzerland ‘The Government of the Islamic Republic of Pakistan hereby notified the Secretary-General that it had decided to withdraw its declares that it does not recognize the competence of the reservation to article 14, paragraph 3, sub-paragraphs (d) and (f) Committee provided for in Article 40 of the Covenant’.” made upon accession, which reads as follows:
37 The Secretary-General received the following The guarantee of free legal assistance assigned by the court communication(s) related to the reservations made by Qatar, on and of the free assistance of an interpreter does not definitively the date(s) indicated hereinafter: exempt the beneficiary from defraying the resulting costs.
Sweden (22 May 2019) Further, on 1 May 2007, the Government of Switzerland notified the Secretary-General that it had decided to withdraw its “The Government of Sweden has examined the statements and reservations to article 10, paragraph 2 (b) and article 14, the reservation made by the State of Qatar upon accession to the paragraph 1 and 5 made upon accession, which reads as follows: International Covenant on Civil and Political Rights. In this context the Government of Sweden would like to recall, that (a) Reservation concerning article 10, paragraph 2 (b): under well-established international treaty law, the name assigned to a statement whereby the legal effect of certain The separation of accused juvenile persons from adults is not provisions of a treaty is excluded or modified, does not unconditionally guaranteed. determine its status as a reservation to the treaty. Thus, the Government of Sweden considers that the statements in respect (b) Reservations concerning article 14, paragraph 1: to Articles 7, 18.2, 22, 23.2 and 27 made by the State of Qatar concerning, in the absence of further clarification, in substance The principle of a public hearing is not applicable to [constitute] reservations to the [Covenant]. proceedings which involve a dispute relating to civil rights and obligations or to the merits of the prosecution's case in a The Government of Sweden notes that the interpretation and criminal matter; these, in accordance with cantonal laws, are application of Articles 3, 7, 18.2, 22, 23.2 and 23.4 and 27 are held before an administrative authority. The principle that any made subject to general reservations by essentially referring to judgement rendered shall be made public is adhered to without Islamic sharia and/or national legislation. prejudice to the cantonal laws on civil and criminal procedure,
IV 4. HUMAN RIGHTS 109 which provide that a judgement shall not be rendered at a public arrival at the office of the administrative or police official, but hearing, but shall be transmitted to the parties in writing. the time for bringing the arrested person to the Court shall not be included in the said period of forty-eight hours. In case it is The guarantee of a fair trial has as its sole purpose, where necessary for the purpose of conducting the inquiry, or there disputes relating to civil right and obligations are concerned, to arises any other necessity, the period of forty-eight hours may be ensure final judicial review of the acts or decisions of public extended as long as such necessity persists, but in no case shall authorities which have a bearing on such rights or obligations. it be longer than seven days.” The Term "final judicial review" means a judicial examination which is limited to the application of the law, such as a review The instrument of withdrawal included an annex which read as by a Court of Cassation. follows:
The right to liberty of movement and freedom to choose one's The Government of Kingdom of Thailand declares that: residence is applicable, subject to the federal laws on aliens, which provide that residence and establishment permits shall be 1. With respect to Article 6 paragraph 5 of the Covenant, valid only for the canton which issues them. Section 18 of the Thai Criminal Code has been amended to include provisions stipulating that the death and life sentences (c) Reservation concerning article 14, paragraph 5: shall not be imposed on an offender who is below the age of 18 and in which case, the sentence shall be reduced to a sentence of The reservation applies to the federal laws on the organization 50 years imprisonment. of criminal justice, which provide for an exception to the right of anyone convicted of a crime to have his conviction and sentence 2. As with regard to Article 9 paragraph 3 of the Covenant, reviewed by a higher tribunal, where the person concerned is Section 40 paragraph 7 of the 2007 Constitution of the Kingdom tried in the first instance by the highest tribunal. of Thailand stipulates that in criminal cases, the accused or defendant shall have the right to proper, prompt and fair 40 On 6 July 2012, the Government of the Thailand notified investigations or trial and Section 87 of the Thai Criminal the Secretary-General that it had decided to withdraw its Procedural Code has been amended to stipulate that an arrested declarations made upon accession with respect to articles 6 (5) person shall not be held in custody and 9 (3) of the Covenant. The text of the withdrawn declarations read as follows: beyond the necessity of the circumstances of the case. In the case of a petty offence, the arrested person shall be in custody “2. With respect to article 6, paragraph 5 of the Covenant, the only until such time as that person has given his/her pleadings, Thai Penal Code enjoins, or in some cases allows much latitude and that the identity and the location of that person have been for, the Court to take into account the offender's youth as a sought. In the case where the arrested person has not been mitigating factor in handing down sentences. Whereas Section temporarily released and it is necessary to investigate or try the 74 of the Code does not allow any kind of punishment levied person, the arrested person shall be arraigned before the Court upon any person below fourteen years of age, Section 75 of the within 48 hours from the time the person was taken to the same Code provides that whenever any person over fourteen offices of the inquiry officer in accordance with Section 83 of years but not yet over seventeen years of age commits any act the same Code unless for reasons of force majeure or other provided by the law to be an offence, the Court shall take into unavoidable necessity. account the sense of responsibility and all other things concerning him in order to come to decision as to whether it is 3. Such amendments are fully in compliance with Article 6 appropriate to pass judgment inflicting punishment on him or paragraph 5 and Article 9 paragraph 3 of the Covenant. not. If the court does not deem it appropriate to pass judgment inflicting punishment, it shall proceed according to Section 74 41 In a communication received by the Secretary-General on (viz . to adopt other correction measures short of punishment), 31 January 1979, the Government of Trinidad and Tobago or if the Court deems it appropriate to pass judgment inflicting confirmed that paragraph (vi) constituted an interpretative punishment, it shall reduce the scale of punishment provided for declaration which did not aim to exclude nor modify the legal such offence by one half. Section 76 of the same Code also effect of the provisions of the Covenant. states that whenever any person over seventeen years but not yet over twenty years of age, commits any act provided by the law 42 In a communication received on 2 February 1993, the to be an offence, the Court may, if it thinks fit, reduce the scale Government of the United Kingdom of Great Britain and of the punishment provided for such offence by one third or one Northern Ireland notified the Secretary-General of its decision to half. The reduction of the said scale will prevent the Court from withdraw the reservation to sub-paragraph c) of article 25 made passing any sentence of death. As a result, though in theory, upon ratification. For the text of the reservation, see United sentence of death may be imposed for crimes committed by Nations, Treaty Series , vol. 1007, p. 394. persons below eighteen years, but not below seventeen years of age, the Court always exercises its discretion under Section 75 to reduce the said scale of punishment, and in practice the death penalty has not been imposed upon any persons below eighteen In a communication received on 4 February 2015, the years of age. Consequently, Thailand considers that in real terms Government of the United Kingdom of Great Britain and it has already complied with the principles enshrined herein. Northern Ireland notified the Secretary-General of its decision to withdraw the following reservation: 3. With respect to article 9, paragraph 3 of the Covenant, Section 87, paragraph 3 of the Criminal Procedure Code of "The Government of the United Kingdom reserve the right not Thailand provides that the arrested person shall not be kept in to apply article 11 in Jersey." custody for more than forty-eight hours from the time of his
IV 4. HUMAN RIGHTS 110 43 The formality was effected by Democratic Yemen. See application of the International Covenant on Economic, Social also note 1 under “Yemen” in the “Historical Information” and Cultural Rights,adopted by the General Assembly of the section in the front matter of this volume. United Nations on 16 December 1966, to the Malvinas, South Georgia and South Sandwich Islands, and reaffirms its sovereign 44 See "ENTRY INTO FORCE:" at the beginning of this rights to those archipelagos, whichrm anntegral part of its chapter. national territory.
45 Previous declarations, received 22 April 1976, 28 March The General Assembly of the United Nations had adopted 1981, 24 March 1986, 10 May 1991 and 22 January 1997 resol- utions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, expired on 28 March 1981, 28 March 1986, 28 March 1991, 10 39/6 and 40/21 in which it recognizes the existence of a May 1996 and 22 January 2002. sovereignty dispute regarding the question of the Falkland Islands (Malvinas) and urges the Argentine Republic and the 46 A note verbal, dated 28 January 1998, transmitting the text United Kingdom of Great Britain and Northern Ireland to pursue of the declaration made by the Government of Spain recognizing negotiations in order to find as soon as possible a peaceful and the competence of the Human Rights Committee under article definitive solution to the dispute, through the good offices of the 41 of the Covenant was deposited on 30 January 1998. Secretary-General of the United Nations, who shall inform the Subsequently, in order to correct an error contained in that General Assembly of the progress made." decalration, the Secretary-General received from the Government of Spain a note verbal dated 9 March 1998, With reference to the above-mentioned declaration by the transmitting a corrected and signed text of the declaration which Govern- ment of Argentina, the Secretary-General received on was deposited on 11 March 1998. 13 January 1988 from the Government of the United Kingdom of Great Britain and Northern Ireland the following Previous declarations were received on 25 January 1985 and communication: 21 December 1988, and expired on 25 January 1988 and 21 December 1993, respectively. "The Government of the United Kingdom of Great Britain and Northern Irelan d rejects the statements made by the Argentine Republic, regarding the Falkland Islands and South Georgia and 47 On 3 October 1983, the Secretary-General received from the South Sandwich Islands, when ratifying [the said Covenants the Government of Argentina the following declaration in and acceding to the said Protocol]. respect of the territorial application of the Covenant to the Falkland Islands: The Government of the United Kingdom of Great Britain and Northern Ireland has no doubt as to British sovereignty over the [The Government of Argentina makes a] formal objection to Falkland Islands and South Georgia and the South Sandwich the [declaration] of territorial extension issued by the United Islands and its consequent right to extend treaties to those Kingdom with regard to the Malvinas Islands (and territories." dependencies), which that country is illegally occupying and refers to as the "Falkland Islands". Subsequently, on 5 October 2000, the Secretary-General recieved the from the Government of Argentina the following The Argentine Republic rejects and considers null and void communication: the [said declaration] of territorial extension. [The Argentine Republic] wishes to refer to the report With reference to the above-mentioned objection the submitted by the United Kingdom of Great Britain and Northern Secretary-General received on 28 February 1985 from the Ireland to the Human Rights Committee concerning its overseas Government of the United Kingdom of Great Britain and territories (CCPR/C/UKOT/99/5). Northern Ireland, the following declaration: In that connection, the Argentine Republic wishes to recall "The Government of the United Kingdom of Great Britain and that by its note of 3 October 1983 it rejected the extension of the Northern Ireland have no doubt as to their right, by notification application of the International Covenant on Civil and Political to the Depositary under the relevant provisions of the above- Rights to the Malvinas Islands, which waseffected bythe United mentioned Convention, to extend the application of the Kingdom of Great Britain and Northern Ireland on 20 May Convention in question to the Falkland Islands or to the Falkland 1976. Islands Dependencies, as the case may be. The Government of Argentina rejects the designation of the For this reason alone, the Government of the United Kingdom Malvinas Islands as Overseas Dependent Territories of the are unable to regard the Argentine [communication] under United Kingdom or any other similar designation. reference as having any legal effect." Consequently, the Argentine Republic does not recognize the With reference to the above-mentioned declaration by the section concerning the Malvinas Islands contained in the report Government of the United Kingdom of Great Britain and which the United Kingdom has submitted to the Human Rights Northern Ireland, the Secretary-General received from the Committee (CCPR/C/UKOT/99/5) or any other document or Government of Argentina the following declaration made upon instrument having a similar tenor that may derive from this ratification: alleged territorial extension. The Argentine Republic rejects the extension, notified to the The United Nations General Assembly has adopted resolutions Secretary-General of the United Nations on 20 May 1976 by the 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, United Kingdom of Great Britain and Northern Ireland, of the 41/40, 42/19 and 43/25, in which it recognizes that a dispute
IV 4. HUMAN RIGHTS 111 exists concerning sovereignty over the Malvinas Islands and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to continue negotiations with a view to resolving the dispute peacefully and definitively as soon as possible, assisted by the good offices of the Secretary-General of the United Nations, who is to report to the General Assembly on the progress made.
The Argentine Republic reaffirms its rights of sovereignty over the Malvinas Islands, South Georgia and the South Sandwich Islands and the surrounding maritime spaces, which are an integral part of its national territory.
Further, on 20 December 2000, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland, the following communcation:
“The Government of the United Kingdom of Great Britain and Northern Ireland rejects as unfounded the claims made by the Argentine Republic in its communication to the depositary of 5 [October] 2000. The Government of the United Kingdom recalls that in its declaration received by the depositary on 13 January 1988 it rejected the objection by the Argentine Republic to the extension by the United Kingdom of the International Covenant on Civil and Political Rights to the Falkland Islands and to South Georgia and the South Sandwich Islands. The Government of the United Kingdom has no doubt about the sovereignty of the United Kingdom over the Falkland Islands and over South Georgia and the South Sandwich Islands and its consequential rights to apply the Convention with respect to those territories."
IV 4. HUMAN RIGHTS 112 IV 4. HUMAN RIGHTS 113