Page

Introduction

5

Convention on the Elimination of All Forms of Discrimination against Women

5

General information

5

Text of declarations and reservations

6

Algeria

7

Argentina

8

Australia

8

Austria

9

Bahamas

9

Bahrain

9

Bangladesh

10

Brazil

10

China

10

Cuba

10

Democratic People’s Republic of Korea

11

Egypt

11

El Salvador

12

Ethiopia

12

France

12

Germany

13

India

14

Indonesia

14

Iraq

14

Ireland

15

Israel

15

Jamaica

16

Jordan

16

Kuwait

16

Lebanon

17

Lesotho

17

Libyan Arab Jamahiriya

17

Liechtenstein

18

Luxembourg

18

Malaysia

18

Maldives

19

Malta

19

Mauritania

20

Mauritius

20

Micronesia (Federated States of)

20

Monaco

21

Morocco

22

Myanmar

23

Netherlands

23

New Zealand

24

Niger

24

Oman

25

Pakistan

26

Republic of Korea

26

Saudi Arabia

26

Singapore

27

Spain

27

Switzerland

28

Syrian Arab Republic

28

Thailand

28

Trinidad and Tobago

29

Tunisia

29

Turkey

30

United Arab Emirates

30

United Kingdom of Great Britain and Northern Ireland

31

Venezuela (Bolivarian Republic of)

34

Viet Nam

34

Yemen

35

Notification of withdrawal of certain reservations

35

Ireland

35

Kuwait

35

Lesotho

35

Objections to certain declarations and reservations

35

Austria

36

Denmark

36

Finland

37

France

38

Germany

39

Greece

39

Latvia

40

Netherlands

40

Norway

41

Poland

42

Portugal

42

Spain

43

Sweden

44

United Kingdom of Great Britain and Northern Ireland

46

Communications received by the Secretary-General

46

United Kingdom of Great Britain and Northern Ireland

46

Annexes

I.Status of declarations, reservations, objections and notifications of withdrawal of reservations by States parties related to articles of the Convention, as at 1 April 2006

48

II.Articles of the Convention for which States parties have not yet withdrawn their reservations, as at 1 April 2006

57

States parties that maintain reservations to the Convention, as at 1 April 2006

60

I.Introduction

1.Article 28 of the Convention on the Elimination of All Forms of Discrimination against Women provides that the Secretary-General shall receive and circulate to all States the texts of reservations made by States at the time of ratification of, or accession to, the Convention. The present report contains information on the declarations, reservations, objections and notifications of withdrawal of reservations made by States parties with respect to the Convention as at 1 April 2006, reproduced in Multilateral Treaties Deposited with the Secretary-General: Status as at 31 December 2004. Information for 2006 is taken from the multilateral treaties website of the Office of Legal Affairs of the Secretariat. The present report updates the two previous consolidated reports, which had been submitted at the Twelfth Meeting of States Parties held on 29 August 2002 (CEDAW/SP/2002/2) and the Thirteenth Meeting of States Parties, held on 5 August 2004 (CEDAW/SP/2004/2).

II.Convention on the Elimination of All Forms of Discrimination against Women

A.General information

2.The Convention on the Elimination of All Forms of Discrimination against Women was adopted by the General Assembly in its resolution 34/180 of 18 December 1979. It entered into force on 3 September 1981, in accordance with the provisions of its article 27. As of 1 April 2006, 182 States had ratified or acceded to the Convention. Since the last report (CEDAW/SP/2004/2) the following five States have become party to the Convention: Marshall Islands on 2 March 2006; Micronesia (Federated States of) on 1 September 2004; Monaco on 18 March 2005; Oman on 7 February 2006 and United Arab Emirates on 6 October 2004.

3.By its resolution 54/4 of 6 October 1999, the General Assembly adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. The Optional Protocol entitles individuals and groups of individuals to submit communications concerning alleged violations of the Convention by a State party to the Committee on the Elimination of Discrimination against Women. It also allows the Committee to inquire of its own motion into grave or systematic violations of the Convention.

4. As at 1 April 2006, 78 States parties to the Convention had ratified or acceded to the Optional Protocol to the Convention. Since the last report (CEDAW/SP/2004/2), the following 15 States parties have become party to the Optional Protocol: Burkina Faso on 10 October 2005; Cameroon on 7 January 2005; Gabon on 5 November 2004; Lesotho on 24 September 2004; Lithuania on 5 August 2004; Maldives on 13 March 2006; Niger on 30 September 2004; Nigeria on 22 November 2004; Republic of Moldova on 28 February 2006; Saint Kitts and Nevis on 20 January 2006; San Marino on 15 September 2005; Slovenia on 23 September 2004; South Africa on 18 October 2005; United Kingdom of Great Britain and Northern Ireland on 17 December 2004 and United Republic of Tanzania on 12 January 2006.

5.As at 1 April 2006, 48 States parties to the Convention had deposited with the Secretary-General the instrument of acceptance of the amendment to article 20, paragraph 1, of the Convention concerning the Committee’s meeting time. Since the last report (CEDAW/SP/2004/2), the following four States parties have deposited instruments of acceptance: Georgia on 30 September 2005; Liberia on 16 September 2005; Lithuania on 5 August 2004; and Republic of Moldova on 28 February 2006.

6.In its resolution 60/230, the General Assembly decided to authorize the Committee to hold three annual sessions of three weeks each, with a one-week pre-sessional working group for each session, effective from January 2006 as a temporary measure, and to continue to authorize two annual sessions of the Working Group on Communications under the Optional Protocol to the Convention. The Assembly also decided to authorize the Committee to meet on an exceptional and temporary basis in 2006 and 2007 for up to seven days in parallel working groups during its third (July/August) annual session in 2006 and its first (January) and third (July/August) annual sessions in 2007, taking due account of equitable geographical distribution, for the purpose of considering reports of States parties submitted under article 18 of the Convention.

7.During the period 1 June 2004 to 1 April 2006, reservations to the Convention were entered by the following States parties: Micronesia (Federated States of); Monaco; Oman; and United Arab Emirates (see section B, and annexes I, II and III). During the same period, objections to reservations were made by the following States parties: Austria to the reservations made by the United Arab Emirates; Denmark to the reservations made by the United Arab Emirates; Finland to the reservations made by Micronesia (Federated States of) and the United Arab Emirates; France to the reservations made by the United Arab Emirates; Germany to the reservations made by the United Arab Emirates; Greece to the reservations made by the United Arab Emirates; Latvia to the reservations made by the United Arab Emirates; Netherlands to the reservations made by the United Arab Emirates; Norway to the reservations made by the United Arab Emirates; Poland to the reservations made by the United Arab Emirates; Portugal to the reservations made by the United Arab Emirates and Micronesia (Federated States of); Spain to the reservations made by the United Arab Emirates; Sweden to the reservations made by Micronesia (Federated States of) and the United Arab Emirates; United Kingdom of Great Britain and Northern Ireland to the reservations made by Micronesia (Federated States of) and the United Arab Emirates (see section D and annexes I, II and III).

8.During the period 1 June 2004 to 1 April 2006, the Secretary-General received notifications of withdrawals of reservations from the following three States parties: Ireland on 11 June 2004 to article 13, paragraphs (b) and (c); Kuwait on 9 December 2005 to article 7, paragraph (a); Lesotho on 25 August 2004, general (see sect. C).

B.Text of declarations and reservations

9.Following are the texts of declarations and reservations made by States parties to the Convention on the Elimination of All Forms of Discrimination against Women.

Algeria

[Original: French][22 May 1996]

Reservations

Article 2

The Government of the People’s Democratic Republic of Algeria declares that it is prepared to apply the provisions of this article on condition that they do not conflict with the provisions of the Algerian Family Code.

Article 9, paragraph 2

The Government of the People’s Democratic Republic of Algeria wishes to express its reservations concerning the provisions of article 9, paragraph 2, which are incompatible with the provisions of the Algerian Nationality Code and the Algerian Family Code.

The Algerian Nationality Code allows a child to take the nationality of the mother only when:

–The father is either unknown or stateless;

–The child is born in Algeria to an Algerian mother and a foreign father who was born in Algeria.

Moreover, a child born in Algeria to an Algerian mother and a foreign father who was not born on Algerian territory may, under article 26 of the Algerian Nationality Code, acquire the nationality of the mother providing the Ministry of Justice does not object.

Article 41 of the Algerian Family Code states that a child is affiliated to its father through legal marriage.

Article 43 of that Code states that “the child is affiliated to its father if it is born in the 10 months following the date of separation or death”.

Article 15, paragraph 4

The Government of the People’s Democratic Republic of Algeria declares that the provisions of article 15, paragraph 4, concerning the right of women to choose their residence and domicile should not be interpreted in such a manner as to contradict the provisions of chapter 4 (art. 37) of the Algerian Family Code.

Article 16

The Government of the People’s Democratic Republic of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code.

Article 29

The Government of the People’s Democratic Republic of Algeria does not consider itself bound by article 29, paragraph 1, which states that any dispute between two or more States parties concerning the interpretation or application of the Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration or to the International Court of Justice.

The Government of the People’s Democratic Republic of Algeria holds that no such dispute can be submitted to arbitration or to the International Court of Justice except with the consent of all the parties to the dispute.

Argentina

[Original: Spanish][15 July 1985]

Reservation

The Government of Argentina declares that it does not consider itself bound by article 29, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women.

Australia

[Original: English][28 July 1983]

Declaration

Australia has a federal constitutional system in which legislative, executive and judicial powers are shared or distributed between the Commonwealth and the Constituent States. The implementation of the Treaty throughout Australia will be effected by the Commonwealth State and Territory Authorities having regard to their respective constitutional powers and arrangements concerning their exercise.

Reservations

The Government of Australia states that maternity leave with pay is provided in respect of most women employed by the Commonwealth Government and the Governments of New South Wales and Victoria. Unpaid maternity leave is provided in respect of all other women employed in the State of New South Wales and elsewhere to women employed under federal and some state industrial awards. Social security benefits subject to income tests are available to women who are sole parents.

The Government of Australia advises that it is not at present in a position to take the measures required by article 11, paragraph 2 (b), to introduce maternity leave with pay or with comparable social benefit throughout Australia.

Austria

[Original: English][31 March 1982]

Reservation

Austria reserves its right to apply the provision of article 11 as far as night work of women and special protection of working women is concerned, within the limits established by national legislation.

Bahamas

[Original: English][6 October 1993]

Reservation

The Government of the Commonwealth of the Bahamas does not consider itself bound by the provisions of article 2 (a), article 9, paragraph 2, article 16, paragraph 1 (h) [and] article 29, paragraph 1, of the Convention.

Bahrain

[Original: Arabic][18 June 2002]

Reservation

The Kingdom of Bahrain makes reservations with respect to the following provisions of the Convention:

Article 2, in order to ensure its implementation within the bounds of the provisions of the Islamic sharia;

Article 9, paragraph 2;

Article 15, paragraph 4;

Article 16, insofar as it is incompatible with the provisions of the Islamic sharia;

Article 29, paragraph 1.

Bangladesh

[Original: English][6 November 1984]

Reservation

The Government of the People’s Republic of Bangladesh does not consider as binding upon itself the provisions of article 2, as they conflict with sharia law based on [the] Holy Koran and Sunna.

Brazil

[Original: English][1 February 1984]

Reservation

Brazil does not consider itself bound by article 29, paragraph 1, of the Convention.

China

[Original: Chinese][4 November 1980]

Declaration

The People’s Republic of China does not consider itself bound by paragraph 1 of article 29 of the Convention.

Cuba

[Original: Spanish][17 July 1980]

Reservation

The Government of the Republic of Cuba makes a specific reservation concerning the provisions of article 29 of the Convention inasmuch as it holds that any disputes that may arise between States parties should be resolved by means of direct negotiations through the diplomatic channel.

Democratic People’s Republic of Korea

[Original: English][27 February 2001]

Reservation

The Government of the Democratic People’s Republic of Korea does not consider itself bound by the provisions of paragraph (f) of article 2, paragraph 2 of article 9 and paragraph 1 of article 29 of the Convention.

Egypt

[Original: Arabic][18 September 1981]

Reservations

Article 9

Reservation to the text of article 9, paragraph 2, concerning the granting to women of equal rights with men with respect to the nationality of their children, without prejudice to the acquisition by a child born of a marriage of the nationality of his father. This is in order to prevent a child’s acquisition of two nationalities, since this may be prejudicial to his future. It is clear that the child’s acquisition of his father’s nationality is the procedure most suitable for the child and that this does not infringe upon the principle of equality between men and women, since it is customary for a woman to agree, upon marrying an alien, that her children shall be of the father’s nationality.

Article 16

Reservation to the text of article 16 concerning the equality of men and women in all matters relating to marriage and family relations during the marriage and upon its dissolution, without prejudice to the Islamic sharia provisions whereby women are accorded rights equivalent to those of their spouses so as to ensure a just balance between them. This is out of respect for the sacrosanct nature of the firm religious beliefs which govern marital relations in Egypt and which may not be called in question and in view of the fact that one of the most important bases of these relations is an equivalency of rights and duties so as to ensure complementarity which guarantees true equality between the spouses, not a quasi-equality that renders the marriage a burden on the wife. The provisions of the sharia lay down that the husband shall pay bridal money to the wife and maintain her fully and shall also make a payment to her upon divorce, whereas the wife retains full rights over her property and is not obliged to spend anything on her keep. The sharia therefore restricts the wife’s rights to divorce by making it contingent on a judge’s ruling, whereas no such restriction is laid down in the case of the husband.

Article 29

The Egyptian delegation maintains the reservation contained in article 29, paragraph 2, concerning the right of a State signatory to the Convention to declare that it does not consider itself bound by paragraph 1 of that article concerning the submission to an arbitral body of any dispute which may arise between States concerning the interpretation or application of the Convention. This is in order to avoid being bound by the system of arbitration in this field.

General reservation to article 2

The Arab Republic of Egypt is willing to comply with the content of this article, provided that such compliance does not run counter to the Islamic sharia.

El Salvador

[Original: Spanish][19 August 1981]

Reservation

The Government of El Salvador made a reservation with regard to the application of the provisions of article 29, paragraph 1, of the Convention.

Ethiopia

[Original: English][10 September 1981]

Reservation

Socialist Ethiopia does not consider itself bound by paragraph 1 of article 29 of the Convention.

France

[Original: French][14 December 1983]

Declarations

The Government of the French Republic declares that the preamble to the Convention — in particular the eleventh preambular paragraph — contains debatable elements which are definitely out of place in this text.

The Government of the French Republic declares that the term “family education” in article 5 (b) of the Convention must be interpreted as meaning public education concerning the family and that, in any event, article 5 will be applied subject to respect for article 17 of the International Covenant on Civil and Political Rights and article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Government of the French Republic declares that no provision of the Convention must be interpreted as prevailing over provisions of French legislation which are more favourable to women than to men.

Reservations

Article 14

The Government of the French Republic declares that article 14, paragraph 2 (c), should be interpreted as guaranteeing that women who fulfil the conditions relating to family or employment required by French legislation for personal participation shall acquire their own rights within the framework of social security.

The Government of the French Republic declares that article 14, paragraph 2 (h), of the Convention should not be interpreted as implying the actual provision, free of charge, of the services mentioned in that paragraph.

Article 16, paragraph 1 (g)

The Government of the French Republic enters a reservation concerning the right to choose a family name mentioned in article 16, paragraph 1 (g), of the Convention.

Article 29

The Government of the French Republic declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1.

Germany

[Original: English][10 July 1985]

Declaration

The right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the International Covenants of 16 December 1966, applies to all peoples and not only to those living under alien and colonial domination and foreign occupation. All peoples thus have the inalienable right freely to determine their political status and freely to pursue their economic, social and cultural development. The Federal Republic of Germany would be unable to recognize as legally valid an interpretation of the right to self-determination which contradicts the unequivocal wording of the Charter of the United Nations and of the two International Covenants of 16 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It will interpret the eleventh paragraph of the preamble accordingly.

India

[Original: English][9 July 1993]

Declarations

With regard to articles 5 (a) and 16, paragraph 1, of the Convention on the Elimination of All Forms of Discrimination against Women, the Government of the Republic of India declares that it shall abide by and ensure these provisions in conformity with its policy of non-interference in the personal affairs of any community without its initiative and consent.

With regard to article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women, the Government of the Republic of India declares that, though in principle it fully supports the principle of compulsory registration of marriages, it is not practical in a vast country like India with its variety of customs, religions and level of literacy.

Reservation

With regard to article 29 of the Convention on the Elimination of All Forms of Discrimination against Women, the Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of this article.

Indonesia

[Original: English][13 September 1984]

Reservation

The Government of the Republic of Indonesia does not consider itself bound by the provision of article 29, paragraph 1, of this Convention and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all the parties to the dispute.

Iraq

[Original: Arabic][13 August 1986]

Reservations

Approval of and accession to this Convention shall not mean that the Republic of Iraq is bound by the provisions of article 2, subparagraphs (f) and (g), of article 9, paragraphs 1 and 2, or of article 16 of the Convention. The reservations to this last-mentioned article shall be without prejudice to the provisions of the Islamic sharia according women rights equivalent to the rights of their spouses so as to ensure a just balance between them. Iraq also enters a reservation to article 29, paragraph 1, of this Convention with regard to the principle of international arbitration in connection with the interpretation or application of this Convention.

This approval in no way implies recognition of or entry into any relations with Israel.

Ireland

[Original: English][23 December 1985]

Reservations

Article 16, paragraph 1 (d) and (f)

Ireland is of the view that the attainment in Ireland of the objectives of the Convention does not necessitate the extension to men of rights identical to those accorded by law to women in respect of the guardianship, adoption and custody of children born out of wedlock and reserves the right to implement the Convention subject to that understanding.

Articles 11, paragraph 1, and 13 (a)

Ireland reserves the right to regard the Anti-Discrimination (Pay) Act, 1974 and the Employment Equality Act, 1977 and other measures taken in implementation of the European Economic Community standards concerning employment opportunities and pay as sufficient implementation of article 11, paragraph 1 (b), (c) and (d).

Ireland reserves the right for the time being to maintain provisions of Irish legislation in the area of social security which are more favourable to women than men.

Israel

[Original: English][3 October 1991]

Reservations

The State of Israel hereby expresses its reservation with regard to article 7 (b) of the Convention concerning the appointment of women to serve as judges of religious courts where this is prohibited by the laws of any of the religious communities in Israel. Otherwise, the said article is fully implemented in Israel, in view of the fact that women take a prominent part in all aspects of public life.

The State of Israel hereby expresses its reservation with regard to article 16 of the Convention, insofar as the laws of personal status binding on the several religious communities in Israel do not conform with the provisions of that article.

Declaration

In accordance with paragraph 2 of article 29 of the Convention, the State of Israel hereby declares that it does not consider itself bound by paragraph 1 of that article.

Jamaica

[Original: English][19 October 1984]

Reservation

The Government of Jamaica declares that it does not consider itself bound by the provisions of article 29, paragraph 1, of the Convention.

Jordan

[Original: Arabic][1 July 1992]

Reservations

Jordan does not consider itself bound by the following provisions:

(a)Article 9, paragraph 2;

(b)Article 15, paragraph 4 (a woman’s residence and domicile are with her husband);

(c)Article 16, paragraph 1 (c), relating to the rights arising upon the dissolution of a marriage in connection with maintenance and compensation;

(d)Article 16, paragraph 1 (d) and (g).

Kuwait

[Original: Arabic][2 September 1994]

Reservations

Article 9, paragraph 2

The Government of Kuwait reserves its right not to implement the provision contained in article 9, paragraph 2, of the Convention, inasmuch as it runs counter to the Kuwaiti Nationality Act, which stipulates that a child’s nationality shall be determined by that of his father.

Article 16, paragraph 1 (f)

The Government of the State of Kuwait declares that it does not consider itself bound by the provision contained in article 16, paragraph 1 (f), inasmuch as it conflicts with the provisions of the Islamic sharia, Islam being the official religion of the State.

Article 29, paragraph 1

The Government of Kuwait declares that it is not bound by the provision contained in article 29, paragraph 1.

Lebanon

[Original: French][16 April 1997]

Reservations

The Government of the Lebanese Republic enters reservations regarding article 9, paragraph 2, and article 16, paragraph 1 (c), (d), (f) and (g) (regarding the right to choose a family name).

In accordance with paragraph 2 of article 29, the Government of the Lebanese Republic declares that it does not consider itself bound by the provisions of paragraph 1 of that article.

Lesotho

[Original: English][22 August 1995]

Reservations

The Government of the Kingdom of Lesotho declares that it does not consider itself bound by article 2 to the extent that it conflicts with Lesotho’s constitutional stipulations relative to succession to the throne of the Kingdom of Lesotho and the law relating to succession to chieftainship.

Libyan Arab Jamahiriya

[Original: Arabic][5 July 1995]

Reservations

Article 2 of the Convention shall be implemented with due regard for the peremptory norms of the Islamic sharia relating to determination of the inheritance portions of the estate of a deceased person, whether female or male.

The implementation of article 16, paragraph 1 (c) and (d), of the Convention shall be without prejudice to any of the rights guaranteed to women by the Islamic sharia.

Liechtenstein

[Original: English][22 December 1995]

Reservation

In the light of the definition given in article 1 of the Convention, the Principality of Liechtenstein reserves the right to apply, with respect to all the obligations of the Convention, article 3 of the Liechtenstein Constitution.

Luxembourg

[Original: French][2 February 1989]

Reservations

The application of article 7 shall not affect the validity of the article of our Constitution concerning the hereditary transmission of the crown of the Grand Duchy of Luxembourg, in accordance with the family compact of the House of Nassau of 30 June 1783, maintained by article 71 of the Treaty of Vienna of 9 June 1815 and expressly maintained by article 1 of the Treaty of London of 11 May 1867.

The application of paragraph 1 (g) of article 16 of the Convention shall not affect the right to choose the family name of children.

Malaysia

[Original: English][5 July 1995]

Reservations

The Government of Malaysia declares that Malaysia’s accession is subject to the understanding that the provisions of the Convention do not conflict with the provisions of the Islamic sharia law and the Federal Constitution of Malaysia. With regard thereto, further, the Government of Malaysia does not consider itself bound by the provisions of articles 5 (a), 7 (b), 9, paragraph 2, and 16, paragraph 1, (a), (c), (f) and (g), and paragraph 2 of the aforesaid Convention.

In relation to article 11, Malaysia interprets the provisions of this article as a reference to the prohibition of discrimination on the basis of equality between men and women only.

Maldives

[Original: English][23 June 1999]

Reservations

The Government of the Republic of Maldives expresses its reservation to article 7 (a) of the Convention, to the extent that the provision contained in the said paragraph conflicts with the provision of article 34 of the Constitution of the Republic of Maldives.

The Government of the Republic of Maldives reserves its right to apply article 16 of the Convention concerning the equality of men and women in all matters relating to marriage and family relations without prejudice to the provisions of the Islamic sharia, which govern all marital and family relations of the 100 per cent Muslim population of the Maldives.

Malta

[Original: English][8 March 1991]

Reservations

Article 11

The Government of Malta interprets paragraph 1 of article 11, in the light of the provisions of paragraph 2 of article 4, as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas, or the work done by them, where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Malta.

Article 13

The Government of Malta reserves the right, notwithstanding anything in the Convention, to continue to apply its tax legislation, which deems, in certain circumstances, the income of a married woman to be the income of her husband and taxable as such.

The Government of Malta reserves the right to continue to apply its social security legislation, which in certain circumstances makes certain benefits payable to the head of the household, which is, by such legislation, presumed to be the husband.

Articles 13, 15 and 16

While the Government of Malta is committed to remove, insofar as possible, all aspects of family property law which may be considered as discriminatory to females, it reserves the right to continue to apply present legislation in that regard until such time as the law is reformed and during such transitory period until those laws are completely superseded.

Article 16, paragraph 1 (e)

The Government of Malta does not consider itself bound by subparagraph (e) of paragraph 1 of article 16, insofar as the same may be interpreted as imposing an obligation on Malta to legalize abortion.

Mauritania

[Original: French][10 May 2001]

Reservation

The Government of Mauritania, having seen and examined the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly on 18 December 1979, has approved and does approve it in each and every one of its parts which are not contrary to Islamic sharia and are in accordance with our Constitution.

Mauritius

[Original: English][9 July 1984]

Reservation

The Government of Mauritius does not consider itself bound by paragraph 1 of article 29 of the Convention, in pursuance of paragraph 2 of article 29.

Micronesia (Federated States of)

[Original: English][1 September 2004]

Reservations

The Government of the Federated States of Micronesia advises that it is not at present in a position to take the measures either required by article 11, paragraph 1 (d) of the Convention to enact comparable worth legislation, or by article 11, paragraph 2 (b) to enact maternity leave with pay or with comparable social benefits throughout the nation.

The Government of the Federated States of Micronesia, in its capacity as trustee of the heritage of diversity within its States under article V of its Constitution, reserves the right not to apply the provisions of articles 2 (f), 5 and 16 to the succession of certain well-established traditional titles, and to marital customs that divide tasks or decision-making in purely voluntary or consensual private conduct.

The Government of the Federated States of Micronesia does not consider itself bound by the provisions of article 29, paragraph 1 of the Convention, and takes the position that any dispute relating to the interpretation or application of the Convention may only be submitted to arbitration or to the International Court of Justice with the agreement of all parties to the dispute.

Monaco

[Original: French][18 March 2005]

Declarations

The implementation of the Convention on the Elimination of All Forms of Discrimination against Women does not affect the validity of conventions concluded with France.

The Principality of Monaco deems that the aims of the Convention are to eliminate all forms of discrimination against women and guarantee every individual, irrespective of gender, equality before the law, when the aforementioned aims are in line with the principles stipulated in the Constitution.

The Principality of Monaco declares that no provision in the Convention can be interpreted as impeding the provisions of the laws and regulations of Monaco that are more favourable to women than to men.

Reservations

The ratification of the Convention by the Principality of Monaco shall have no effect on the constitutional provisions governing the succession to the throne.

The Principality of Monaco reserves the right not to apply the provisions of article 7 (b), of the Convention regarding recruitment to the police force.

The Principality of Monaco does not consider itself bound by the provisions of article 9, which are not compatible with its nationality laws.

The Principality of Monaco does not consider itself bound by article 16, paragraph 1 (g), regarding the right to choose one’s surname.

The Principality of Monaco does not consider itself bound by article 16, paragraph 1 (e), to the extent that the latter can be interpreted as forcing the legalization of abortion or sterilization.

The Principality of Monaco reserves the right to continue to apply its social security laws which, in certain circumstances, envisage the payment of certain benefits to the head of the household who, according to this legislation, is presumed to be the husband.

The Principality of Monaco declares, in conformity with the provisions of article 29, paragraph 2, that it does not consider itself bound by the provisions of the first paragraph of this article.

Morocco

[Original: French][21 June 1993]

Declarations

Article 2

The Government of the Kingdom of Morocco expresses its readiness to apply the provisions of this article provided that:

–They are without prejudice to the constitutional requirements that regulate the rules of succession to the throne of the Kingdom of Morocco;

–They do not conflict with the provisions of the Islamic sharia. It should be noted that certain of the provisions contained in the Moroccan Code of Personal Status according women rights that differ from the rights conferred on men may not be infringed upon or abrogated because they derive primarily from the Islamic sharia, which strives, among its other objectives, to strike a balance between the spouses in order to preserve the coherence of family life.

Article 15, paragraph 4

The Government of the Kingdom of Morocco declares that it can only be bound by the provisions of this paragraph, in particular those relating to the rights of women to choose their residence and domicile, to the extent that they are not incompatible with articles 34 and 36 of the Moroccan Code of Personal Status.

Reservations

Article 9, paragraph 2

The Government of the Kingdom of Morocco makes a reservation with regard to this article in view of the fact that the Law of Moroccan Nationality permits a child to bear the nationality of its mother only in the cases where it is born to an unknown father, regardless of place of birth, or to a stateless father, when born in Morocco, and it does so in order to guarantee to each child its right to a nationality. Further, a child born in Morocco of a Moroccan mother and a foreign father may acquire the nationality of its mother by declaring, within two years of reaching the age of majority, its desire to acquire that nationality, provided that, on making such declaration, its customary and regular residence is in Morocco.

Article 16

The Government of the Kingdom of Morocco makes a reservation with regard to the provisions of this article, particularly those relating to the equality of men and women in respect of rights and responsibilities on entry into and at dissolution of marriage. Equality of this kind is considered incompatible with the Islamic sharia, which guarantees to each of the spouses the rights and responsibilities within a framework of equilibrium and complementarity in order to preserve the sacred bond of matrimony.

The provisions of the Islamic sharia oblige the husband to provide a nuptial gift upon marriage and to support his family, while the wife is not required by law to support the family.

Furthermore, at dissolution of marriage, the husband is obliged to pay maintenance. In contrast, the wife enjoys complete freedom of disposition of her property during the marriage and upon its dissolution without supervision by the husband, the husband having no jurisdiction over his wife’s property.

For these reasons, the Islamic sharia confers the right of divorce on a woman only by decision of a sharia judge.

Article 29

The Government of the Kingdom of Morocco does not consider itself bound by the first paragraph of this article, which provides that “[a]ny dispute between two or more States parties concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration”.

The Government of the Kingdom of Morocco is of the view that any dispute of this kind can only be referred to arbitration by agreement of all the parties to the dispute.

Myanmar

[Original: English][22 July 1997]

Reservation

Article 29

[The Government of Myanmar] does not consider itself bound by the provision set forth in the said article.

Netherlands

[Original: English][23 July 1991]

Declaration

During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion.

New Zealand

[Original: English][10 January 1985]

Reservations

The Government of New Zealand, the Government of the Cook Islands and the Government of Niue reserve the right not to apply the provisions of the Convention insofar as they are inconsistent with policies relating to recruitment into or service in:

(a)The Armed Forces which reflect either directly or indirectly the fact that members of such forces are required to serve on armed forces aircraft or vessels and in situations involving armed combat; or

(b)The law enforcement forces which reflect either directly or indirectly the fact that members of such forces are required to serve in situations involving violence or threat of violence.

The Government of the Cook Islands reserves the right not to apply article 2 (f) and article 5 (a) to the extent that the customs governing the inheritance of certain Cook Islands chief titles may be inconsistent with those provisions.

Niger

[Original: French][8 October 1999]

Reservations

Article 2 (d) and (f)

The Government of the Republic of the Niger expresses reservations with regard to article 2, paragraphs (d) and (f), concerning the taking of all appropriate measures to abolish all customs and practices which constitute discrimination against women, particularly in respect of succession.

Article 5 (a)

The Government of the Republic of the Niger expresses reservations with regard to the modification of social and cultural patterns of conduct of men and women.

Article 15, paragraph 4

The Government of the Republic of the Niger declares that it can be bound by the provisions of the paragraph, particularly those concerning the right of women to choose their residence and domicile, only to the extent that these provisions refer only to unmarried women.

Article 16, paragraph 1 (c), (e) and (g)

The Government of the Republic of the Niger expresses reservations concerning the above-referenced provisions of article 16, particularly those concerning the same rights and responsibilities during marriage and its dissolution, the same rights to decide freely and responsibly on the number and spacing of their children, and the right to choose a family name.

The Government of the Republic of the Niger declares that the provisions of article 2 (d) and (f), article 5 (a) and (b), article 15, paragraph 4, and article 16, paragraph 1 (c), (e) and (g), concerning family relations, cannot be applied immediately, as they are contrary to existing customs and practices which, by their nature, can be modified only with the passage of time and the evolution of society and cannot, therefore, be abolished by an act of authority.

Article 29

The Government of the Republic of the Niger expresses a reservation concerning article 29, paragraph 1, which provides that any dispute between two or more States concerning the interpretation or application of the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration.

In the view of the Government of the Niger, a dispute of this nature can be submitted to arbitration only with the consent of all parties to the dispute.

Declaration

The Government of the Republic of the Niger declares that the term “family education” which appears in article 5 (b), of the Convention should be interpreted as referring to public education concerning the family, and that in any event, article 5 would be applied in compliance with article 17 of the International Covenant on Civil and Political Rights.

Oman

[Original: Arabic][7 February 2006]

Reservations

[The Sultanate of Oman makes reservation to:]

All provisions of the Convention not in accordance with the provisions of the Islamic sharia and legislation in force in the Sultanate of Oman;

Article 9, paragraph 2, which provides that States parties shall grant women equal rights with men with respect to the nationality of their children;

Article 15, paragraph 4, which provides that States parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile;

Article 16, regarding the equality of men and women, and in particular paragraph 1, subparagraphs (a), (c) and (f) (regarding adoption).

The Sultanate is not bound by article 29, paragraph 1, regarding arbitration and the referral to the International Court of Justice of any dispute between two or more States which is not settled by negotiation.

Pakistan

[Original: English][12 March 1996]

Declaration

The accession by [the] Government of the Islamic Republic of Pakistan to the [Convention] is subject to the provisions of the Constitution of the Islamic Republic of Pakistan.

Reservation

The Government of the Islamic Republic of Pakistan declares that it does not consider itself bound by paragraph 1 of article 29 of the Convention.

Republic of Korea

[Original: English][27 December 1984]

Reservations

The Government of the Republic of Korea, having examined the said Convention, hereby ratifies the Convention, considering itself not bound by the provisions of subparagraph (g) of paragraph 1 of article 16 of the Convention.

Saudi Arabia

[Original: English][7 September 2000]

Reservations

In case of contradiction between any term of the Convention and norms of Islamic law, the Kingdom of Saudi Arabia is not under obligation to observe the contradictory terms of the Convention.

The Kingdom does not consider itself bound by paragraph 2 of article 9 of the Convention and paragraph 1 of article 29 of the Convention.

Singapore

[Original: English][5 October 1995]

Reservations

In the context of Singapore’s multiracial and multireligious society and the need to respect the freedom of minorities to practise their religious and personal laws, the Republic of Singapore reserves the right not to apply the provisions of articles 2 and 16 where compliance with these provisions would be contrary to their religious or personal laws.

Singapore is geographically one of the smallest independent countries in the world and one of the most densely populated. The Republic of Singapore accordingly reserves the right to apply such laws and conditions governing the entry into, stay in, employment in and departure from its territory to those who do not have the right under the laws of Singapore to enter and remain indefinitely in Singapore, and to the conferment, acquisition and loss of citizenship of women who have acquired such citizenship by marriage and of children born outside Singapore.

Singapore interprets article 11, paragraph 1, in the light of the provisions of article 4, paragraph 2, as not precluding prohibitions, restrictions or conditions on the employment of women in certain areas, or on work done by them where this is considered necessary or desirable to protect the health and safety of women or the human foetus, including such prohibitions, restrictions or conditions imposed in consequence of other international obligations of Singapore, and considers that legislation in respect of article 11 is unnecessary for the minority of women who do not fall within the ambit of Singapore’s employment legislation.

The Republic of Singapore declares, in pursuance of article 29, paragraph 2, of the Convention, that it will not be bound by the provisions of article 29, paragraph 1.

Spain

[Original: Spanish][5 January 1984]

Declaration

The ratification of the Convention by Spain shall not affect the constitutional provisions concerning succession to the Spanish Crown.

Switzerland

[Original: French][27 March 1997]

Reservations

Article 16, paragraph 1 (g)

Said provision shall be applied subject to the regulations on family name (Civil Code, article 160 and article 8 (a), final section).

Article 15, paragraph 2, and article 16, paragraph 1 (h)

Said provisions shall be applied subject to several interim provisions of the matrimonial regime (Civil Code, articles 9 (e) and 10, final section).

Syrian Arab Republic

[Original: Arabic][28 March 2003]

Reservation

[The Government of the Syrian Arab Republic makes] reservations to article 2; article 9, paragraph 2, concerning the grant of a woman’s nationality to her children; article 15, paragraph 4, concerning freedom of movement and of residence and domicile; article 16, paragraph 1 (c), (d), (f) and (g), concerning equal rights and responsibilities during marriage and at its dissolution with regard to guardianship, the right to choose a family name, maintenance and adoption; article 16, paragraph 2, concerning the legal effect of the betrothal and the marriage of a child, inasmuch as this provision is incompatible with the provisions of the Islamic sharia; and article 29, paragraph 1, concerning arbitration between States in the event of a dispute.

The accession of the Syrian Arab Republic to this Convention shall in no way signify recognition of Israel or entail entry into any dealings with Israel in the context of the provisions of the Convention.

Thailand

[Original: English][9 August 1985]

Declaration

The Royal Thai Government wishes to express its understanding that the purposes of the Convention are to eliminate discrimination against women and to accord to every person, men and women alike, equality before the law, and are in accordance with the principles prescribed by the Constitution of the Kingdom of Thailand.

Reservation

The Royal Thai Government does not consider itself bound by the provisions of article 16 and article 29, paragraph 1, of the Convention.

Trinidad and Tobago

[Original: English][12 January 1990]

Reservation

The Republic of Trinidad and Tobago declares that it does not consider itself bound by article 29, paragraph 1, of the said Convention, relating to the settlement of disputes.

Tunisia

[Original: Arabic][20 September 1985]

General declaration

The Government of Tunisia declares that it shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of chapter I of the Tunisian Constitution.

Reservations

Article 9, paragraph 2

The Government of Tunisia expresses its reservation with regard to the provisions of article 9, paragraph 2, of the Convention, which must not conflict with the provisions of chapter VI of the Tunisian Nationality Code.

Article 16, paragraph 1 (c), (d), (f), (g) and (h)

The Government of Tunisia considers itself not bound by article 16, paragraph 1 (c), (d) and (f), of the Convention and declares that paragraph 1 (g) and (h) of that article must not conflict with the provisions of the Personal Status Code concerning the granting of family names to children and the acquisition of property through inheritance.

Article 29, paragraph 1

The Government of Tunisia declares, in conformity with the requirements of article 29, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 1 of that article, which specify that any dispute between two or more States parties concerning the interpretation or application of the Convention which is not settled by negotiation shall be referred to the International Court of Justice at the request of any one of those parties.

The Government of Tunisia considers that such disputes should be submitted for arbitration or consideration by the International Court of Justice only with the consent of all parties to the dispute.

Declaration concerning article 15, paragraph 4

In accordance with the provisions of the Vienna Convention on the Law of Treaties, dated 23 May 1969, the Government of Tunisia emphasizes that the requirements of article 15, paragraph 4, of the Convention on the Elimination of All Forms of Discrimination against Women, and particularly that part relating to the right of women to choose their residence and domicile, must not be interpreted in a manner which conflicts with the provisions of the Personal Status Code on this subject, as set forth in chapters 23 and 61 of the Code.

Turkey

[Original: English][20 December 1985]

Reservations

In pursuance of article 29, paragraph 2, of the Convention, the Government of the Republic of Turkey declares that it does not consider itself bound by paragraph 1 of this article.

Declaration

Article 9, paragraph 1, of the Convention is not in conflict with the provisions of article 5, paragraph 1, and articles 15 and 17 of the Turkish Law on Nationality, relating to the acquisition of citizenship, since the intent of those provisions regulating acquisition of citizenship through marriage is to prevent statelessness.

United Arab Emirates

[Original: Arabic][6 October 2004]

Reservations

The United Arab Emirates makes reservations to articles 2 (f), 9, 15, paragraph 2, 16 and 29, paragraph 1, of the Convention, as follows:

Article 2 (f)

The United Arab Emirates, being of the opinion that this paragraph violates the rules of inheritance established in accordance with the precepts of the sharia, makes a reservation thereto and does not consider itself bound by the provisions thereof.

Article 9

The United Arab Emirates, considering the acquisition of nationality an internal matter which is governed, and the conditions and controls of which are established, by national legislation makes a reservation to this article and does not consider itself bound by the provisions thereof.

Article 15, paragraph 2

The United Arab Emirates, considering this paragraph in conflict with the precepts of the sharia regarding legal capacity, testimony and the right to conclude contracts, makes a reservation to the said paragraph of the said article and does not consider itself bound by the provisions thereof.

Article 16

The United Arab Emirates will abide by the provisions of the article insofar as they are not in conflict with the principles of the sharia. The United Arab Emirates considers that the payment of a dowry and support after divorce is an obligation of the husband, and the husband has the right to divorce, just as the wife has her independent financial security and her full rights to her property and is not required to pay her husband’s or her own expenses out of her own property. The sharia makes a woman’s right to divorce conditional on a judicial decision, in a case in which she has been harmed.

Article 29, paragraph 1

The United Arab Emirates appreciates and respects the functions of this article, which provides: “Any dispute between two or more States Parties concerning the interpretation or application on the present Convention which is not settled by negotiation shall, at the request of one of them, be submitted to arbitration. If within six months ... the parties are unable to agree … any one of those parties may refer the dispute to the International Court of Justice …” This article, however, violates the general principle that matters are submitted to an arbitration panel by agreement between the parties. In addition, it might provide an opening for certain States to bring other States to trial in defence of their nationals; the case might then be referred to the Committee charged with discussing the State reports required by the Convention and a decision might be handed down against the State in question for violating the provisions of the Convention. For these reasons the United Arab Emirates makes a reservation to this article and does not consider itself bound by the provisions thereof.

United Kingdom of Great Britain and Northern Ireland

[Original: English][7 April 1986]

Declarations and reservations

A.On behalf of the United Kingdom of Great Britain and Northern Ireland

(a)The United Kingdom understands the main purpose of the Convention, in the light of the definition contained in article 1, to be the reduction, in accordance with its terms, of discrimination against women, and does not therefore regard the Convention as imposing any requirement to repeal or modify any existing laws, regulations, customs or practices which provide for women to be treated more favourably than men, whether temporarily or in the longer term; the United Kingdom’s undertakings under article 4, paragraph 1, and other provisions of the Convention are to be construed accordingly.

...

(c)In the light of the definition contained in article 1, the United Kingdom’s ratification is subject to the understanding that none of its obligations under the Convention shall be treated as extending to the succession to, or possession and enjoyment of, the Throne, the peerage, titles of honour, social precedence or armorial bearings, or as extending to the affairs of religious denominations or orders or any act done for the purpose of ensuring the combat effectiveness of the Armed Forces of the Crown.

(d)The United Kingdom reserves the right to continue to apply such immigration legislation governing entry into, stay in and departure from the United Kingdom as it may deem necessary from time to time and, accordingly, its acceptance of article 15, paragraph 4, and of the other provisions of the Convention is subject to the provisions of any such legislation as regards persons not at the time having the right under the law of the United Kingdom to enter and remain in the United Kingdom.

Article 9

The British Nationality Act 1981, which was brought into force with effect from January 1983, is based on principles which do not allow of any discrimination against women within the meaning of article 1 as regards acquisition, change or retention of their nationality or as regards the nationality of their children. The United Kingdom’s acceptance of article 9 shall not, however, be taken to invalidate the continuation of certain temporary or transitional provisions which will continue in force beyond that date.

Article 11

The United Kingdom reserves the right to apply all United Kingdom legislation and the rules of pension schemes affecting retirement pensions, survivors’ benefits and other benefits in relation to death or retirement (including retirement on grounds of redundancy), whether or not derived from a social security scheme.

This reservation will apply equally to any future legislation which may modify or replace such legislation, or the rules of pension schemes, on the understanding that the terms of such legislation will be compatible with the United Kingdom’s obligations under the Convention.

The United Kingdom reserves the right to apply the following provisions of United Kingdom legislation concerning the benefits specified:

...

(b)Increases of benefit for adult dependants under sections 44 to 47, 49 and 66 of the Social Security Act 1975 and under sections 44 to 47, 49 and 66 of the Social Security (Northern Ireland) Act 1975;

...

The United Kingdom reserves the right to apply any non-discriminatory requirement for a qualifying period of employment or insurance for the application of the provisions contained in article 11, paragraph 2.

Article 15

In relation to article 15, paragraph 3, the United Kingdom understands the intention of this provision to be that only those terms or elements of a contract or other private instrument which are discriminatory in the sense described are to be deemed null and void, but not necessarily the contract or instrument as a whole.

Article 16

As regards subparagraph 1 (f) of article 16, the United Kingdom does not regard the reference to the paramountcy of the interests of the children as being directly relevant to the elimination of discrimination against women, and declares in this connection that the legislation of the United Kingdom regulating adoption, while giving a principal position to the promotion of the children’s welfare, does not give to the child’s interests the same paramount place as in issues concerning custody over children.

B.On behalf of the British Virgin Islands, the Falkland Islands (Malvinas), the Isle of Man, South Georgia and the South Sandwich Islands, and the Turks and Caicos Islands

[Same declarations and reservations as those made in respect of the United Kingdom under section A, paragraphs (a), (c) and (d), except that in the case of (d) they apply to the territories and their laws.]

Article 1

[Same reservation as the one made in respect of the United Kingdom except with regard to the absence of a reference to United Kingdom legislation.]

Article 2

[Same reservation as the one made in respect of the United Kingdom except that reference is made to the laws of the territories, and not to the laws of the United Kingdom.]

Article 9

[Same reservation as the one made in respect of the United Kingdom.]

Article 11

[Same reservations as those made in respect of the United Kingdom except that reference is made to the laws of the territories, and not to the laws of the United Kingdom.]

Also, as far as the territories are concerned, the specific benefits listed and which may be applied under the provisions of these territories’ legislation are as follows:

(a)Social security benefits for persons engaged in caring for a severely disabled person;

(b)Increases of benefit for adult dependants;

(c)Retirement pensions and survivors’ benefits;

(d)Family income supplements.

This reservation will apply equally to any future legislation which may modify or replace any of the provisions specified in subparagraphs (a) to (d) above, on the understanding that the terms of such legislation will be compatible with the United Kingdom’s obligations under the Convention.

The United Kingdom reserves the right to apply any non-discriminatory requirement for a qualifying period of employment or insurance for the application of the provisions contained in article 11, paragraph 2.

Articles 13, 15 and 16

[Same reservations as those made on behalf of the United Kingdom.]

Venezuela (Bolivarian Republic of)

[Original: Spanish][2 May 1983]

Reservation

Venezuela makes a formal reservation with regard to article 29, paragraph 1, of the Convention, since it does not accept arbitration or the jurisdiction of the International Court of Justice for the settlement of disputes concerning the interpretation or application of this Convention.

Viet Nam

[Original: French][17 February 1982]

Reservation

In implementing this Convention, the Socialist Republic of Viet Nam will not be bound by the provisions of paragraph 1 of article 29.

Yemen

[Original: Arabic][30 May 1984]

The Government of the People’s Democratic Republic of Yemen declares that it does not consider itself bound by article 29, paragraph 1, of the said Convention, relating to the settlement of disputes which may arise concerning the application or interpretation of the Convention.

C.Notification of withdrawal of certain reservations

10.Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2), the following notifications of withdrawal of certain reservations have been received. For a listing of all notifications of withdrawal of reservations, see annex I.

Ireland

On 11 June 2004, the Government of Ireland notified the Secretary-General that it had decided to withdraw its reservation to article 13 (b) and (c) made upon accession.

Kuwait

The Government of Kuwait informed the Secretary-General, by a notification received on 9 December 2005, of its decision to withdraw the reservation in respect of article 7 (a), made upon accession to the Convention.

Lesotho

On 25 August 2004, the Government of Lesotho informed the Secretary-General that it had decided to modify its reservation, resulting in the withdrawal of aspects pertaining in general to the Convention.

D.Objections to certain declarations and reservations

11.Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2), the following objections to certain declarations and reservations were made. For a list of all objections that have been made, see annex I.

Austria

[Original: English]

[5 October 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of Austria has examined the reservation made by the Government of the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women regarding articles 2 (f), 9, 15, paragraph 2, 16 and 29, paragraph 1.

The Government of Austria finds that the reservations to article 2 (f), article 9, article 15, paragraph 2, and article 16, if put into practice, would inevitably result in discrimination against women on the basis of sex. This is contrary to the object and purpose of the Convention.

The Government of Austria would like to recall that, according to article 28, paragraph 2, of the Convention as well as customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of a treaty shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

For these reasons, the Government of Austria objects to the aforementioned reservations made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

This position, however, does not preclude the entry into force in its entirety of the Convention between the United Arab Emirates and Austria.

Denmark

[Original: English]

[14 December 2005]

The Government of Denmark has examined the reservations made by the Government of the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women regarding articles 2 (f), 15, paragraph 2, and 16 pertaining to sharia principles.

The Government of Denmark considers that the reservations made by the United Arab Emirates to articles 2 (f), 15, paragraph 2, and 16 referring to the contents of the sharia Law do not clearly specify the extent to which the United Arab Emirates feel committed to the object and purpose of the Convention. Consequently, the Government of Denmark considers the said reservations as being incompatible with the object and purpose of the Convention and accordingly inadmissible and without effect under international law.

The Government of Denmark wishes to recall that, according to article 28, paragraph 2, of the Convention reservations incompatible with the object and purpose of the Convention shall not be permitted.

The Government of Denmark therefore objects to the aforementioned reservations made by the Government of the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women. This shall not preclude the entry into force of the Convention in its entirety between the United Arab Emirates and Denmark.

The Government of Denmark recommends that the Government of the United Arab Emirates reconsider its reservations to the Convention on the Elimination of All Forms of Discrimination against Women.

Finland

[Original: English]

[7 September 2005]

With regard to the reservations made by the Federated States of Micronesia upon accession:

The Government of Finland has carefully examined the contents of the reservations made by the Government of the Federated States of Micronesia to paragraph (f) of article 2, article 5, paragraphs 1 (d) and 2 (b) of article 11, and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women.

The Government of Finland recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all its forms and manifestations, against women.

The Government of Finland notes that the reservations made by Micronesia, addressing some of the most essential provisions of the Convention, and aiming to exclude the obligations under those provisions, are in contradiction with the object and purpose of the Convention.

The Government of Finland also recalls Part VI, article 28, of the Convention according to which reservations incompatible with the object and purpose of the Convention are not permitted.

The Government of Finland therefore objects to the above-mentioned reservations made by the Government of the Federated States of Micronesia to the Convention. This objection does not preclude the entry into force of the Convention between Micronesia and Finland. The Convention will thus become operative between the two States without Micronesia benefiting from its reservations.

[Original: English]

[15 November 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of Finland has carefully examined the contents of the reservations made by the Government of the United Arab Emirates to subparagraph (f) of article 2, article 9, paragraph 2 of article 15, and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women,

The Government of Finland recalls that by acceding to the Convention, a State commits itself to adopt the measures required for the elimination of discrimination, in all its forms and manifestations, against women.

The Government of Finland notes that a reservation which consists of a general reference to religious or other national law without specifying its content does not clearly define to other parties to the Convention the extent to which the reserving State commits itself to the Convention and creates serious doubts as to the commitment of the receiving State to fulfil its obligations under the Convention. Such reservations are, furthermore, subject to the general principle of treaty interpretation according to which a party may not invoke the provisions of its domestic law as justification for a failure to perform its treaty obligations.

The Government of Finland notes that the reservations made by the United Arab Emirates, addressing some of the most essential provisions of the Convention, and aiming to exclude the obligations under those provisions, are in contradiction with the object and purpose of the Convention.

The Government of Finland also recalls Part VI, article 28, of the Convention according to which reservations incompatible with the object and purpose of the Convention are not permitted.

The Government of Finland therefore objects to the above-mentioned reservations made by the Government of the United Arab Emirates to the Convention. This objection does not preclude the entry into force of the Convention between the United Arab Emirates and Finland. The Convention will thus become operative between the two States without the United Arab Emirates benefiting from its reservations.

France

[Original: French]

[18 November 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the French Republic has examined the reservations formulated by the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women, of 18 December 1979, according to which the United Arab Emirates, on the one hand, does not consider itself bound by the provisions of article 2 (f) and article 15, paragraph 2, because they are contrary to the sharia and, on the other, states that it will abide by the provisions of article 16 in so far as they are not in conflict with the principles of the sharia. The Government of the French Republic considers that, by precluding the application of these provisions, or by making it subject to the principles of the sharia, the United Arab Emirates is formulating reservations with a general scope depriving the provisions of the Convention of any effect. The Government of the French Republic considers that these reservations are contrary to the object and purpose of the Convention and enters an objection thereto. The Government of the French Republic also objects to the reservation formulated to article 9. These objections shall not preclude the entry into force of the Convention between France and the United Arab Emirates.

Germany

[Original: German; courtesy copy, English]

[9 November 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Federal Republic of Germany has carefully examined the reservations made by the Government of the United Arab Emirates upon accession to the International Convention on the Elimination of All Forms of Discrimination against Women. It is of the opinion that from the reservations to article 2 (f), article 15, paragraph 2, and article 16, which give a specific legal system, the Islamic sharia, precedence as a rule over the provisions of the Convention, it is unclear to what extent the United Arab Emirates feels bound by the obligations of the Convention.

Moreover, the reservations to article 9, paragraph 2, and article 15, paragraph 2, would in practice result in a legal situation that discriminated against women, which would not be compatible with the object and purpose of the Convention.

Pursuant to article 28, paragraph 2, of the Convention, reservations that are incompatible with the object and purpose of the Convention shall not be permitted.

The Government of the Federal Republic of Germany therefore objects to the above-mentioned reservations made by the Government of the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the United Arab Emirates.

Greece

[Original: English]

[4 October 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Hellenic Republic has examined the reservations made by the Government of the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979).

The Government of the Hellenic Republic considers that the reservations in respect of articles 2 (f), which is a core provision of the above Convention, 15, paragraph 2, and 16, all containing a reference to the provisions of the Islamic sharia, are of unlimited scope and, therefore, incompatible with the object and purpose of the Convention.

The Government of the Hellenic Republic recalls that, according to article 28, paragraph 2, of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

Consequently, the Government of the Hellenic Republic objects to the aforementioned reservations made by the Government of the United Arab Emirates. This objection shall not preclude the entry into force of the Convention between Greece and the United Arab Emirates.

Latvia

[Original: English]

[4 October 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Republic of Latvia has carefully examined the reservations made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women upon accession to the Convention regarding article 2 (f), article 15, paragraph 2, and article 16 thereof.

The Government of the Republic of Latvia considers that the reservations made by the United Arab Emirates contain general reference to national law without making specific reference to the extent of the obligations the United Arab Emirates are accepting.

Moreover, the Government of the Republic of Latvia is of the opinion that these reservations contradict the object and purpose of the Convention and in particular the obligation of all States parties to pursue by all appropriate means and without delay a policy of eliminating discrimination against women.

The Government of the Republic of Latvia recalls Part VI, article 28, of the Convention setting out that reservations incompatible with the object and purpose of the Convention are not permitted.

The Government of the Republic of Latvia therefore objects to the aforesaid reservations made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the United Arab Emirates.

Netherlands

[Original: English]

[31 May 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Netherlands has examined the reservations made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

The application of articles 2 (f), 15, paragraph 2, and 16 of the Convention on the Elimination of All Forms of Discrimination against Women has been made subject to religious considerations. This makes it unclear to what extent the United Arab Emirates considers itself bound by the obligations of the treaty and therefore raises concerns as to the commitment of the United Arab Emirates to the object and purpose of the Covenant.

It is in the common interest of States that all parties respect treaties to which they have chosen to become parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation which is incompatible with the object and purpose of a treaty shall not be permitted (art. 19 (c)).

The Government of the Netherlands therefore objects to the reservation made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the United Arab Emirates and the Kingdom of the Netherlands, without the United Arab Emirates benefiting from its reservation.

Norway

[Original: English]

[1 December 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Kingdom of Norway has examined the reservations made by the Government of the United Arab Emirates on 6 October 2004 on accession to the Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979) in respect of articles 2 (f), 9, 15 (c) and 16.

The Government of the Kingdom of Norway is of the view that the reservation in respect of article 2 (f), which is a core provision of the above Convention, taken together with the reservations in respect of articles 9, 15 (c) and 16, raise doubts as to the full commitment of the United Arab Emirates to the object and purpose of the Convention on the Elimination of All Forms of Discrimination against Women and would like to recall that, according to article 28, paragraph 2, of the Convention, a reservation incompatible with the object and purpose of the present Convention shall not be permitted.

The Government of the Kingdom of Norway therefore objects to the aforesaid reservations made by the Government of the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women. This objection does not preclude the entry into force, in its entirety, of the Convention between the Kingdom of Norway and the United Arab Emirates, without the United Arab Emirates benefiting from these reservations.

Poland

[Original: English and Polish]

[28 November 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Republic of Poland has examined the reservations made by the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the General Assembly of the United Nations on 18 December 1979, regarding articles 2 (f), 9, 15, paragraph 2, and 16.

The Government of the Republic of Poland considers that the reservations made by the United Arab Emirates are incompatible with the object and purpose of the Convention, which guarantees equal rights of women and men to exercise their economic, social, cultural, civil and political rights. The Government of the Republic of Poland therefore considers that, according to customary international law as codified in the Vienna Convention on the Law of Treaties (art. 19 (c)), done at Vienna on 23 May 1969, as well as article 28, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women, reservations incompatible with the object and purpose of a treaty shall not be permitted.

The Government of the Republic of Poland therefore objects to the aforementioned reservations made by the United Arab Emirates upon accession to the Convention on the Elimination of All Forms of Discrimination against Women, regarding articles 2 (f), 9, 15, paragraph 2, and 16.

This objection does not preclude the entry into force of the Convention between the Republic of Poland and the United Arab Emirates.

Portugal

[Original: English]

[28 November 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of Portugal has carefully examined the reservations made by the United Arab Emirates upon its accession to the Convention on the Elimination of All Forms of Discrimination against Women.

Most of these reservations concern fundamental provisions of the Convention, such as articles 2 (f), 9, 15, paragraph 2, and 16, since they outline the measures which a State party is required to take in order to implement the Convention, cover the fundamental rights of women and deal with the key elements for the elimination of discrimination against women.

Portugal considers that such reservations, consisting of references to the precepts of the sharia and to national legislation, create serious doubts as to the commitment of the reserving State to the object and purpose of the Convention and to the extent it has accepted the obligations imposed by the Convention and, moreover, contribute to undermining the basis of international law.

It is in the common interest of all States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under these treaties.

The Government of the Portuguese Republic therefore objects to the above reservations made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between Portugal and the United Arab Emirates.

[Original: English]

[15 December 2005]

The Government of Portugal has carefully examined the reservations made by the Federated States of Micronesia upon its accession to the Convention on the Elimination of All Forms of Discrimination against Women.

The first and second reservations concern fundamental provisions of the Convention and are not in conformity with its object and purpose. Articles 2, 5, 11 and 16 outline the measures which a State party is required to take in order to implement the Convention, cover the fundamental rights of women and deal with key elements for the elimination and discrimination against women.

Portugal considers that such reservations may create doubts as to the commitment of the reserving State to the objection and purpose of the Convention and, moreover, contribute to undermining the basis of international law.

It is in the common interest of all States that treaties to which they have chosen to become parties are respected as to their object and purpose by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of the Portuguese Republic therefore objects to the above reservations made by the Federated States of Micronesia to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between Portugal and Micronesia.

Spain

[Original: Spanish]

[6 October 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the Kingdom of Spain has examined the reservations entered by the Government of the United Arab Emirates to article 2 (f), article 9, article 15, paragraph 2, and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women upon its accession to that instrument on 6 October 2004.

The Government of the Kingdom of Spain considers that these reservations are incompatible with the object and purpose of the Convention, since they are intended to exempt the United Arab Emirates from obligations relating to essential aspects of the Convention: one of a general nature, namely the adoption of measures, including legislation, to eliminate all forms of discrimination against women (art. 2 (f)), and others concerning specific forms of discrimination in relation to nationality (art. 9), legal capacity in civil matters (art. 15, para. 2) and marriage and family relations (art. 16).

The Government of the Kingdom of Spain recalls that, under article 28, paragraph 2, of the Convention, reservations incompatible with the object and purpose of the Convention are not permitted.

Moreover, the reservation to article 16 of the Convention makes a general reference to the principles of Islamic law without specifying their content, with the result that the other States parties cannot precisely determine the extent to which the Government of the United Arab Emirates accepts the obligations set out in article 16 of the Convention.

Accordingly, the Government of the Kingdom of Spain objects to the reservations entered by the Government of the United Arab Emirates to article 2 (f), article 9, article 15, paragraph 2, and article 16 of the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of Spain and the United Arab Emirates.

Sweden

[Original: English]

[25 August 2005]

With regard to the reservations made by the Federated States of Micronesia upon accession:

The Government of Sweden is of the view that this reservation raises serious doubts as to the commitment of the Government of the Federated States of Micronesia to the object and purpose of the Convention. The reservation would, if put into practice, result in discrimination against women on the basis of sex. It should be borne in mind that the principles of the equal right of men and women and of non-discrimination on the basis of sex are set forth in the Charter of the United Nations as one of the purposes of the Organization, as well as in the Universal Declaration of Human Rights of 1948.

According to article 28, paragraph 2, of the Convention, and to customary international law as codified in the Vienna Convention on the Law of Treaties, reservations incompatible with the object and purpose of the Convention shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Sweden therefore objects to the aforesaid reservation made by the Government of the Federated States of Micronesia to the Convention on the Elimination of All Forms of Discrimination against Women and considers the reservation null and void. The Convention enters into force in its entirety between the two States, without the Federated States of Micronesia benefiting from its reservations.

[Original: English]

[5 October 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of Sweden has examined the reservations made by the United Arab Emirates upon acceding to the Convention on the Elimination of All Forms of Discrimination against Women, regarding articles 2 (f), 9, 15, paragraph 2, and 16.

The Government of Sweden notes that the said articles are being made subject to reservations referring to national legislation and sharia principles.

The Government of Sweden is of the view that these reservations, which do not clearly specify the extent of the United Arab Emirates’ derogation from the provisions in question, raise serious doubts as to the commitment of the United Arab Emirates to the object and purpose of the Convention. The reservations in question, if put into practice, would inevitably result in discrimination against women on the basis of sex, which is contrary to the object and purpose of the Convention. It should be borne in mind that the principles of the equal rights of women and men and of non-discrimination on the basis of sex are set forth in the Charter of the United Nations as one of the purposes of the organization, as well as in the Universal Declaration of Human Rights of 1948.

According to article 28, paragraph 2, of the Convention, and to customary international law as codified in the Vienna Convention on the Law of the Treaties, reservations incompatible with the object and purpose of the Convention shall not be permitted. It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.

The Government of Sweden therefore objects to the aforesaid reservations made by the Government of the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women and considers them null and void.

This objection shall not preclude the entry into force of the Convention between the United Arab Emirates and Sweden. The Convention enters into force in its entirety between the two States, without the United Arab Emirates benefiting from its reservations.

United Kingdom of Great Britain and Northern Ireland

[Original: English]

[17 August 2005]

With regard to the reservations made by the United Arab Emirates upon accession:

The Government of the United Kingdom has examined the reservations made by the Government of the United Arab Emirates to the Convention on the Elimination of all Forms of Discrimination against Women (New York, 18 December 1979) on 6 October 2004 in respect of articles 2 (f), 15, paragraph 2, and 16 on the applicability of sharia law.

The Government of the United Kingdom notes that a reservation which consists of a general reference to a system of law without specifying its content does not clearly define for the other States parties to the Convention the extent to which the reserving State has accepted the obligations of the Convention. The Government of the United Kingdom therefore objects to the aforesaid reservations made by the Government of the United Arab Emirates.

This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates.

With regard to the reservations made by the Federated States of Micronesia upon accession:

The Government of the United Kingdom has examined the reservations made by the Government of the Federated States of Micronesia to the Convention on the Elimination of All Forms of Discrimination against Women (New York, 18 December 1979) on 9 September 2004 in respect of article 11, paragraph 1 (d), on the enactment of comparable worth legislation.

The Government of the United Kingdom objects to the aforesaid reservation made by the Government of the Federated States of Micronesia.

This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the Federated States of Micronesia.

E.Communications received by the Secretary-General

12.Since the previous two reports (CEDAW/SP/2002/2 and CEDAW/SP/2004/2), the following communication has been received by the Secretary-General. See the two prior reports for previous communications that were received.

United Kingdom of Great Britain and Northern Ireland

On 6 June 2005, the Government of the United Kingdom notified the Secretary-General of the following:

“… The Government of the United Kingdom wish to withdraw from paragraph A (c) of [its reservation made upon ratification] the words ‘to the admission into or service in the Armed Forces of the Crown’ and to substitute the words ‘Any act done for the purpose of ensuring the combat effectiveness of the Armed Forces of the Crown’.” [For the revised text, see chap. II, sect. B.]

Annex I

Status of declarations, reservations, objections and notifications of withdrawal of reservations by States parties related to articles of the Convention, as at 1 April 2006

State party

Articles for which declarations or reservations have been made

States parties that have raised objections

Articles for which reservations have been withdrawn

Algeria

2 9, para. 2 15, para. 4 16 29, para. 1

Denmark, Germany, Netherlands, Norway, Portugal, Sweden

Argentina

29, para. 1

Australia

11, para. 2 (b)

Austria

[7, para. (b)] 11, para. 1 (f)

7, para. (b)

Bahamas

2, para. (a) 9, para. 2 16, para. 1 (h) 29, para. 1

Bahrain

2

Austria, Denmark, Finland, France, Germany, Greece, Netherlands, Sweden, United Kingdom of Great Britain and Northern Ireland

9, para. 2

Austria, Denmark, Finland, France, Germany, Netherlands, Sweden

15, para. 4

Austria, Denmark, Finland, France, Germany, Netherlands, Sweden

16

Austria, Denmark, Finland, France, Germany, Greece, Netherlands, Sweden, United Kingdom of Great Britain and Northern Ireland

29, para. 1

Bangladesh

2

Germany, Mexico, Netherlands, Sweden

[13, para. (a)]

Germany, Mexico, Netherlands, Sweden

13, para. (a)

[16, paras. 1 (c) and (f)]

Germany, Mexico, Netherlands, Sweden

16, para. 1 (c) and (f)

Belarus

[29, para. 1]

29, para. 1

Belgium

[7] [15, paras. 2 and 3]

7 15, paras. 2 and 3

Brazil

[15, para. 4]

Germany, Netherlands, Sweden

15, para. 4

[16, paras. 1 (a), (c), (g) and (h)]

Germany, Netherlands, Sweden

16, paras. 1 (a), (c), (g) and (h)

29, para. 1

Bulgaria

[29, para. 1]

29, para. 1

Canada

[11, para. 1 (d)]

11, para. 1 (d)

China

29, para. 1

Cuba

29, para. 1

Cyprus

[9, para. 2]

Mexico

9, para. 2

Democratic People’s Republic of Korea

2, para. (f)

Austria, Denmark, Finland, France, Germany, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

9, para. 2

Austria, Denmark, Finland, France, Germany, Netherlands, Norway, Portugal, Spain, Sweden

29, para. 1

Egypt

2

Germany, Netherlands, Sweden

9, para. 2

Germany, Mexico, Netherlands, Sweden

16

Germany, Mexico, Netherlands, Sweden

29, para. 1

Mexico

El Salvador

29, para. 1

Ethiopia

29, para. 1

Fiji

[5, para. (a), and 9]

Netherlands

5, para. (a), and 9

France

[5, para. (b)] [7] 14, paras. 2 (c) and (h) [15, paras. 2 and 3] [16, paras. 1 (c), (d) and (h)] 16, para. 1 (g) 29, para. 1

5, para. (b) 7 15, paras. 2 and 3 16, paras. 1 (c), (d) and (h)

Germany

General declaration [7, para. (b)]

7, para. (b)

Hungary

[29, para. 1]

29, para. 1

India

5, para. (a)

Netherlands

16, para. 1

Netherlands

16, para. 2

Netherlands

29, para. 1

Indonesia

29, para. 1

Iraq

2, paras. (f) and (g)

Germany, Mexico, Netherlands, Sweden

9, para. 1

Germany, Israel, Mexico, Netherlands, Sweden

9, para. 2

Germany, Israel, Mexico, Netherlands

16

Germany, Mexico, Netherlands, Sweden

29, para. 1

Sweden

Ireland

[9, para. 1] [11, para. 1] [13, para. (a)] [13, paras. (b) and (c)] [15, para. 3] [15, para. 4] 16, paras. 1 (d) and (f)

9, para. 1 11, para. 1 (part) 13, para. (a) (part) 13, paras. (b) and (c) 15, para. 3 15, para. 4

Israel

7, para. (b) 16 29, para. 1

Jamaica

[9, para. 2]

Germany, Mexico, Netherlands, Sweden

9, para. 2

29, para. 1

Jordan

9, para. 2

Sweden

15, para. 4

Sweden

16, paras. 1 (c), (d) and (g)

Sweden

Kuwait

[7, para. (a)]

Austria, Belgium, Denmark, Finland, Netherlands, Norway, Portugal, Sweden

7, para. (a)

9, para. 2

Denmark, Finland, Netherlands, Norway, Sweden

16, para. 1 (f)

Austria, Belgium, Denmark, Finland, Netherlands, Norway, Portugal, Sweden

29, para. 1

Lebanon

9, para. 2 16, paras. 1 (c), (d), (f) and (g)

Austria, Denmark, Netherlands, Sweden

29, para. 1

Lesotho

[General] 2

Denmark, Finland, Germany, Mexico, Netherlands, Norway

General

Libyan Arab Jamahiriya

General

Denmark, Finland, Germany, Mexico, Netherlands, Norway, Sweden

2

16, paras. 1 (c) and (d)

Liechtenstein

1 [9, para. 2]

9, para. 2

Luxembourg

7 16, para. 1 (g)

Malawi

[5]

Germany, Mexico, Netherlands, Sweden

5

[29, para. 2]

29, para. 2

Malaysia

[2, para. (f)] 5, para. (a) 7, para. (b) 9, [paras. 1] and 2 11 16, paras. 1 (a), [(b)], (c), [(d), (e)], (f), (g) and [(h)] 16, para. 2

Denmark, Finland, France, Germany, Netherlands, Norway

2, para. (f) 9, para. 1 16, paras. 1 (b), (d), (e) and (h)

Maldives

7, para. (a) 16

Austria, Canada, Denmark, Finland, Germany, Netherlands, Norway, Portugal, Sweden

Malta

11, para. 1 13 15 16, para. 1 (e)

Mauritania

General reservation

Austria, Denmark, Finland, Germany, Netherlands, Norway, Portugal, Sweden, United Kingdom of Great Britain and Northern Ireland

Mauritius

[11, paras. 1 (b) and (d)]

Germany, Mexico, Netherlands, Sweden

11, paras. 1 (b) and (d)

[16, para. 1 (g)]

Germany, Mexico, Netherlands, Sweden

16, para. 1 (g)

29, para. 1

Micronesia (Federated States of)

2, para. (f)

Finland, Portugal, Sweden, United Kingdom of Great Britain and Northern Ireland

5

Finland, Portugal, Sweden

11, para. 1 (d)

Finland, Portugal, Sweden, United Kingdom of Great Britain and Northern Ireland

11, para. 2 (b)

Finland, Portugal, Sweden

16

Finland, Portugal, Sweden

29, para. 1

Monaco

7, para. (b)

9

16, paras. 1 (e) and (g)

29, para. 1

Declaration

Mongolia

[29, para. 1]

29, para. 1

Morocco

2

Netherlands

9, para. 2

Netherlands

15, para. 4

Netherlands

16

Netherlands

29, para. 1

Myanmar

29, para. 1

Netherlands

General declaration

New Zealand

(Cook Islands and Niue)

Reservation

[11, para. 2 (b)]

11, para. 2 (b)

(Cook Islands)

2, para. (f) 5, para. (a)

Mexico, Sweden

Niger

2, paras. (d) and (f) 5, paras. (a) and (b) 15, para. (4) 16, paras. 1 (c), (e) and (g)

Denmark, Finland, Norway, Sweden

29, para. 1

Oman

9, para. 2

15, para. 4

16, paras. 1 (a), (c) and (f)

29, para. 1

General reservation

Pakistan

General declaration

Austria, Denmark, Finland, Germany, Netherlands, Norway, Portugal

29, para. 1

Poland

[29, para. 1]

29, para. 1

Republic of Korea

[9]

Germany, Mexico, Netherlands, Sweden

9

16, paras. 1 [(c), (d), (f)] and (g)

Germany, Mexico, Netherlands, Sweden

16, paras. 1 (c), (d) and (f)

Romania

[29, para. 1]

29, para. 1

Russian Federation

[29, para. 1]

29, para. 1

Saudi Arabia

General reservation 9, para. 2

Austria, Denmark, Finland, France, Germany, Ireland, Netherlands, Norway, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

29, para. 1

Singapore

2 11, para. 1 16 29, para. 1

Denmark, Finland, Netherlands, Norway, Sweden

Spain

Declaration

Switzerland

[7, para. (b)] 15, para. 2 16, paras. 1 (g) and (h)

7, para. (b)

Syrian Arab Republic

2

Austria, Denmark, Estonia, Finland, France, Germany, Greece, Italy, Netherlands, Norway, Romania, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

9, para. 2

Austria, Denmark, Estonia, Finland, France, Germany, Italy, Netherlands, Norway, Romania, Spain, Sweden

15, para. 4

Austria, Denmark, Estonia, Finland, France, Germany, Italy, Netherlands, Norway, Romania, Spain, Sweden

16, paras. 1 (c), (d), (f) and (g)

Austria, Denmark, Estonia, Finland, France, Germany, Italy, Netherlands, Norway, Romania, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

16, para. 2

Austria, Denmark, Estonia, France, Germany, Greece, Italy, Netherlands, Norway, Romania, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

29, para. 1

Thailand

[7]

Germany

7

[9, para. 2]

Germany, Mexico, Netherlands, Sweden

9, para. 2

[10]

Germany

10

[11, para. 1 (b)]

Germany

11, para. 1 (b)

[15, para. 3]

Germany, Mexico, Netherlands, Sweden

15, para. 3

16

Germany, Mexico, Netherlands, Sweden

29, para. 1

Trinidad and Tobago

29, para. 1

Tunisia

9, para. 2

Germany, Netherlands, Sweden

15, para. 4

Germany, Netherlands, Sweden

16, paras. 1 (c), (d), (f), (g) and (h)

Germany, Netherlands, Sweden

29, para. 1

Turkey

9, para. 1 (declaration)

[15, paras. 2 and 4]

Germany, Mexico, Netherlands

15, paras. 2 and 4

[16, paras. 1 (c), (d), (f) and (g)]

Germany, Mexico, Netherlands

16, paras. 1 (c), (d), (f) and (g)

29, para. 1

Ukraine

[29, para. 1]

29, para. 1

United Arab Emirates

2, para. (f)

Austria, Denmark, Finland, France, Germany, Greece, Latvia, Netherlands, Norway. Poland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

9

Austria, Finland, France, Germany, Norway, Poland, Portugal, Spain, Sweden

15, para. 2

Austria, Denmark, Finland, France, Germany, Greece, Latvia, Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

16

Austria, Denmark, Finland, France, Germany, Greece, Latvia, Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland

29, para. 1

United Kingdom of Great Britain and Northern Ireland

Declarations

1 [2, paras. (f) and (g)] 9 [10, para. (c)] 11, paras. 1 and 2 [13] 15, [paras. 2] and 3 16, para. 1 (f)

Argentina

2, paras. (f) and (g) 10, para. (c) 11, para. 1 (part) 13 15, para. 2

United Kingdom of Great Britain and Northern Ireland on behalf of:

Declarations

British Virgin Islands, Falkland Islands (Malvinas), Isle of Man, South Georgia and South Sandwich Islands, and Turks and Caicos Islands

1, 2, 9, 11, 13, 15 and 16

Venezuela

29, para. 1

Viet Nam

29, para. 1

Yemen

29, para. 1

Annex II

Articles of the Convention for which States parties have not yet withdrawn their reservations, as at 1 April 2006

Article

State party

1

Liechtenstein, United Kingdom of Great Britain and Northern Ireland and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

2

Algeria, Bahrain, Bangladesh, Egypt, Lesotho, Libyan Arab Jamahiriya, Morocco, Singapore, Syrian Arab Republic, United Kingdom of Great Britain and Northern Ireland on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

2, para. (a)

Bahamas

2, para. (f)

Democratic People’s Republic of Korea, Micronesia (Federated States of), New Zealand (Cook Islands), United Arab Emirates

2, paras. (d) and (f)

Niger

2, paras. (f) and (g)

Iraq

5, para. (a)

India, Malaysia, New Zealand (Cook Islands)

5, paras. (a) and (b)

Micronesia (Federated States of), Niger

7

Luxembourg

7, para. (a)

Maldives

7, para. (b)

Israel, Malaysia, Monaco

9

Monaco, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

9, para. 1

Turkey

9, paras. 1 and 2

Iraq

9, para. 2

Algeria, Bahamas, Bahrain, Democratic People’s Republic of Korea, Egypt, Jordan, Kuwait, Lebanon, Malaysia, Morocco, Oman, Saudi Arabia, Syrian Arab Republic, Tunisia

11

Malaysia, United Kingdom of Great Britain and Northern Ireland and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

11, para. 1

Ireland, Malta, Singapore

11, para. 1 (d)

Micronesia (Federated States of)

11, para. 1 (f)

Austria

11, para. 2 (b)

Australia, Micronesia (Federated States of)

13

Malta, United Kingdom on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

14, paras. 2 (c) and (h)

France

15

Malta

15, para. 2

Switzerland, United Arab Emirates

15, paras. 2 and 3

United Kingdom of Great Britain and Northern Ireland on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

15, para. 3

United Kingdom of Great Britain and Northern Ireland

15, para. 4

Algeria, Bahrain, Jordan, Morocco, Niger, Oman, Syrian Arab Republic, Tunisia

16

Algeria, Bahrain, Egypt, Iraq, Israel, Maldives, Micronesia (Federated States of), Morocco, Singapore, Thailand, United Arab Emirates

16, para. 1

India

16, paras. 1 (a), (c) and (f)

Oman

16, paras. 1 (a), (c), (f) and (g)

Malaysia

16, paras. 1 (c) and (d)

Libyan Arab Jamahiriya

16, paras. 1 (c), (d), (f) and (g)

Lebanon, Syrian Arab Republic

16, paras. 1 (c), (e), (g)

Niger

16, paras. 1 (c), (d), (f), (g) and (h)

Tunisia

16, paras. 1 (c), (d), (g)

Jordan

16, paras. 1 (d) and (f)

Ireland

16, para. 1 (e)

Malta

16, paras. 1 (e) and (g)

Monaco

16, para. 1 (f)

Kuwait, United Kingdom of Great Britain and Northern Ireland and on behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands

16, para. 1 (g)

France, Luxembourg, Republic of Korea

16, paras. 1 (g) and (h)

Switzerland

16, para. 1 (h)

Bahamas

16, para. 2

India, Malaysia, Syrian Arab Republic

29, para. 1

Algeria, Argentina, Bahamas, Bahrain, Brazil, China, Cuba, Democratic People’s Republic of Korea, Egypt, El Salvador, Ethiopia, France, India, Indonesia, Iraq, Israel, Jamaica, Kuwait, Lebanon, Mauritius, Micronesia (Federated States of), Monaco, Morocco, Myanmar, Niger, Oman, Pakistan, Saudi Arabia, Singapore, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Turkey, United Arab Emirates, Venezuela, Viet Nam, Yemen

Annex III

States parties that maintain reservations to the Convention, as at 1 April 2006

Country

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 29

Algeria

2

9.2

15.4

16

29.1

Argentina

29.1

Australia

11.2(b)

Austria

11(f)

Bahamas

2(a)

9.2

16.1(h)

29.1

Bahrain

2

9.2

15.4

16

29.1

Bangladesh

2

Brazil

29.1

China

29.1

Cuba

29.1

Democratic People’s Republic of Korea

2(f)

9.2

29.1

Egypt

2

9.2

16

29.1

El Salvador

29.1

Ethiopia

29.1

France

14.2(c), (h)

16.1(g)

29.1

India

5(a)

16.1, 16.2

29.1

Indonesia

29.1

Iraq

2(f), (g)

9.1, 9.2

16

29.1

Ireland

16.1(d), (f)

Israel

7(b)

16

29.1

Jamaica

29.1

Jordan

9.2

15.4

16.1(c), (d), (g)

Kuwait

9.2

16.1(f)

29.1

Lebanon

9.2

16.1(c), (d), (f), (g)

29.1

Lesotho

2

Libyan Arab Jamahiriya

2

16.1(c), (d)

Liechtenstein

1

Luxembourg

7

16.1(g)

Malaysia

5(a)

7(b)

9.2

11

16.1(a), (c), (f), (g), 16.2

Maldives

7(a)

16

Malta

11.1

13

15

16.1(e)

Mauritania a

Mauritius

29.1

Micronesia (Federated States of)

2(f)

5

11.1(d), 11.2(b)

16

29.1

Monaco

7(b)

9

16.1(e), (g)

29.1

Morocco

2

9.2

15.4

16

29.1

Myanmar

29.1

New Zealand (Cook Islands)

2(f)

5(a)

Niger

2(d), (f)

5(a), (b)

15.4

16.1(c), (e), (g)

29.1

Oman

9.2

15.4

16.1(a), (c), (f)

29.1

Pakistan a

29.1

Republic of Korea

16.1(g)

Saudi Arabia a

9.2

29.1

Singapore

2

11.1

16

29.1

Spain b

Switzerland

15.2

16.1(g), (h)

Syrian Arab Republic

2

9.2

15.4

16.1(c), (d), (f), (g), 16.2

29.1

Thailand

16

29.1

Trinidad and Tobago

29.1

Tunisia

9.2

15.4

16.1(c), (d), (f), (g), (h)

29.1

Turkey

9.1

29.1

United Arab Emirates

2(f)

9

15.2

16

29.1

United Kingdom of Great Britain and Northern Ireland

1 c

9

11

15.3

16.1(f)

United Kingdom d

1

2

9

11

13

15

16

Venezuela

29.1

Viet Nam

29.1

Yemen

29.1

aGeneral reservation.

bReservation concerning succession to the Spanish Crown.

cDeclaration.

dOn behalf of: British Virgin Islands, Falkland Islands (Malvinas), South Georgia and South Sandwich Islands, and Turks and Caicos Islands.