DJIBOUTI

CRC

RESERVATIONS AND DECLARATIONS

(Unless otherwise indicated, the reservations and declarations were made upon ratification, accession or succession)

Note

On 7 December 2009, the Government of Djibouti informed the Secretary-General that it had decided to withdraw the reservation made upon ratification to the Convention. The text of the reservation withdrawn reads as follows:

... the Government of Djibouti shall not consider itself bound by any provisions or articles that are incompatible with its religion and its traditional values.

(Note 27, Chapter IV.11, Multilateral Treaties Deposited with the Secretary-General)

OBJECTIONS MADE TO STATE PARTY’S RESERVATIONS AND DECLARATIONS

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

Ireland

With regard to the reservations made by Bangladesh, Djibouti, Indonesia, Jordan, Kuwait and Tunisia upon ratification, by Myanmar and Thailand upon accession, by Pakistan upon signature and confirmed upon ratification, and by Turkey upon signature:

"The Government of Ireland consider that such reservations, which seek to limit the responsibilities of the reserving State under the Convention, by invoking general principles of national law, may create doubts as to the commitment of those States to the object and purpose of the Convention.

This objection shall not constitute an obstacle to the entry into force of the Convention between Ireland and the aforementioned States."

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Netherlands

With regard to the reservations made by Djibouti, Indonesia, Iran (Islamic Republic of), Pakistan and the Syrian Arab Republic upon ratification:

"The Government of the Kingdom of the Netherlands considers that such reservations, which seek to limit the responsibilities of the reserving State under the Convention by invoking general principles of national law, may raise doubts as to the commitment of these States to the object and purpose of the Convention and moreover, contribute to undermining the basis of international treaty law. It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties. the Government of the Kingdom of the Netherlands therefore objects to these reservations.

This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the aforementioned States."

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Norway, 30 December 1991

With regard to the declaration made by Djibouti upon ratification:

"A reservation by which a State party limits its responsibilities under the Convention by invoking general principles of national law may create doubts about the commitments of the reserving state to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. It is in the common interest of states that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Norway, therefore, objects to this reservation.

This objection shall not constitute an obstacle to the entry into force of the Convention between Norway and the Republic of Djibouti."

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Portugal, 15 July 1992

With regard to the reservations made by Myanmar upon accession, by Bangladesh, Djibouti, Indonesia, Kuwait and Pakistan upon ratification and by Turkey upon signature:

"The Government of Portugal considers that reservations by which a State limits its responsibilities under the Convention by invoking general principles of National Law may create doubts on the commitments of the reserving State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of International Law. It is in the common interest of States that treaties to which they have chosen to become parties also are respected, as to object and purpose, by all parties. The Government of Portugal therefore objects to the reservations.

This objection shall not constitute an obstacle to the entry into force of the Convention between Portugal and Myanmar.

The Government of Portugal furthermore notes that, as a matter of principle, the same objection could be made to the reservations presented by Bangladesh, Djibouti, Indonesia, Kuwait, Pakistan and Turkey."

Note

The Secretary-General received from the Government of Sweden the following communications: on 20 July 1993, with regard to the reservations made upon accession by Thailand concerning articles 7, 22 and 29, upon ratification by Myanmar concerning articles 15 and 37[...], upon ratification by Bangladesh concerning article 21, upon ratification by Djibouti concerning the whole Convention, and on 29 March 1994, with regard to the reservation made upon signature by Qatar.

...

(Note 18, Chapter IV.11, Multilateral Treaties Deposited with the Secretary-General)

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Note

[With regard to reservations entered by Djibouti, the Islamic Republic of Iran, Pakistan, and the Syrian Arab Republic,] ...on 16 November 1995, the Secretary-General received from the Government of Denmark, the following communication:

"Because of their unlimited scope and undefined character these reservations are incompatible with the object and purpose of the Convention and accordingly inadmissible and without effect under international law. Therefore, the Government of Denmark objects to these reservations. The Convention remains in force in its entirety between Djibouti, the Islamic Republic of Iran, Pakistan, the Syrian Arab Republic respectively and Denmark.

It is the opinion of the Government of Denmark that no time limit applies to objections against reservations, which are inadmissible under international law.

The Government of Denmark recommends the Governments of Djibouti, the Islamic Republic of Iran, Pakistan and the Syrian Arab Republic to reconsider their reservations to the Convention on the Rights of the Child."

See also note 22 in this chapter. [Ed. note: see below]

(Note 20, Chapter IV.11, Multilateral Treaties Deposited with the Secretary-General)

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Note

On 6 February 1995, the Secretary-General received from the Government of the Netherlands the following communication with regard to the reservations made upon ratification by Djibouti, Indonesia, Pakistan and the Syrian Arab Republic:

[Same text, mutatis mutandis, as the objection made with regard to Iran (Islamic Republic of) under "Objections".]

[Ed. note: as follows:

With regard to the reservations made by Djibouti, Indonesia, Iran (Islamic Republic of), Pakistan and the Syrian Arab Republic upon ratification:

"The Government of the Kingdom of the Netherlands considers that such reservations, which seek to limit the responsibilities of the reserving State under the Convention by invoking general principles of national law, may raise doubts as to the commitment of these States to the object and purpose of the Convention and moreover, contribute to undermining the basis of international treaty law. It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties. the Government of the Kingdom of the Netherlands therefore objects to these reservations.

This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the aforementioned States."]

...

See also note 16 in this chapter. [Ed. note: see above].

(Note 26, Chapter IV.11, Multilateral Treaties Deposited with the Secretary-General)