GERMANY

CEDAW

RESERVATIONS AND DECLARATIONS

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

Declaration:

The right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the International Covenants of 19 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 19 December 1966 on Civil and Political Rights and on Economic, Social and Cultural Rights. It will interpret the 11th paragraph of the Preamble accordingly.

Note

The German Democratic Republic had signed and ratified the Convention on 25 June 1980 and 9 July 1980, respectively. For the text of the reservation, see United Nations, Treaty Series, vol. 1249, p. 128.

[Ed. note: as follows:

Pursuant to article 29, paragraph 2 of the Convention, the German Democratic Republic declares that it does not consider itself bound by article 29, paragraph 1.]

See also note 2 under “Germany” in the “Historical Information” section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

[Ed. note: note 2 under Germany is as follows:

Germany

Note 2

In a communication dated 3 October 1990, the Federal Minister for Foreign Affairs of the Federal Republic of Germany notified the Secretary-General of the following:

"... Through the accession of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the two German States have united to form one sovereign State, which as a single Member of the United Nations remains bound by the provisions of the Charter in accordance with the solemn declaration of 12 June 1973. As from the date of unification, the Federal Republic of Germany will act in the United Nations under the designation ‘Germany'."

The former German Democratic Republic was admitted to the Organization on 18 September 1973 by Resolution No. 3050 (XXVIII). For the text of the declaration of acceptance of the obligations contained in the Charter dated 12 June 1973 made by the German Democratic Republic (registered under No. 12758), see United Nations, Treaty Series, vol. 891, p. 103.

[Ed. note: as follows:

On behalf of the Council of Ministers of the German Democratic Republic, I solemnly declare that the German Democratic Republic is willing to accept and conscientiously carry out the obligations contained in the Charter of the United Nations.

Chairman of the Council of Ministers of the German Democratic Republic

Berlin, 12 June 1973.]

Consequently, and in the light of articles 11 and 12 of the Treaty of 31 August 1990 (Unification Treaty) between the Federal Republic of Germany and the German Democratic Republic, entries in status lists pertaining to formalities (i.e., signatures, ratifications, accessions, declarations and reservations, etc.) effected by the Federal Republic of Germany will now appear under "Germany" and indicate the dates of such formalities.

As regards treaties in respect of which formalities had been effected by both the Federal Republic of Germany and the former German Democratic Republic prior to unification, the entry will similarly indicate in the corresponding table the type of formality effected by the Federal Republic of Germany and the date on which it took place, while the type of formality effected by the former German Democratic Republic and the date thereof will appear in a footnote.

Finally, as regards the treatment of treaties in respect of which formalities were effected by the former German Democratic Republic alone, article 12, para. 3 of the Unification Treaty contains the following provision: "Should the united Germany intend to accede to international organizations or other multilateral treaties of which the German Democratic Republic but not the Federal Republic of Germany is a member, agreement shall be reached with the respective contracting parties and with the European Communities where the latter's competence is affected". Accordingly, a footnote indicating the date and type of formality effected by the former German Democratic Republic will be included in the status of the treaties concerned, the corresponding footnote indicator being inserted next to the heading "Participant".]

(Note 23, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

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Note

Upon ratification, the Government of the Federal Republic of Germany made the following declaration and reservation in respect of article 7 (b):

The Federal Republic of Germany declares in respect of the paragraph of the Preamble to the Convention starting with the words "affirming that the strengthening of international peace and security":

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 11th paragraph of the Preamble accordingly.

Reservation

Article 7(b) will not be applied to the extent that it contradicts the second sentence of Article 12 (4) of the Basic Law of the Federal Republic of Germany. Pursuant to this provision of the Constitution, women may on no account render service involving the use of arms.

On 10 December 2001, the Government of the Federal Republic of Germany informed the Secretary-General that it had decided to withdraw its reservation to article 7 (b) made upon ratification.

The complete text of the reservation is published in United Nations, Treaty Series, vol. 1402, p. 378. [Ed. note: the complete reservation is reproduced at the beginning of this footnote]. See also note 7. [Ed. note: see below]

(Note 24, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

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Note

See note 1 under "Germany" regarding Berlin (West) in the "Historical Information" section in the front matter of [the electronic version on the website of the Multilateral Treaties Deposited with the Secretary-General; http://treaties.un.org/pages/HistoricalInfo.aspx].

[Ed. note: as follows:

Germany

Note 1

1. Prior to the formation of one sovereign German State through the accession of the German Democratic Republic to the Federal Republic of Germany (effective from 3 October 1990), the Secretary-General received numerous communications relating to the application of international instruments to West Berlin.

2. In each case (noted here), the initial communication took the form of a note, letter, or declaration from the Federal Republic of Germany, in, accompanying or in connection with its instrument of accession, acceptance or ratification of an Amendment, Agreement, Convention or Protocol, to the effect that the relevant Amendment, Agreement, Convention or Protocol would also apply to "Land Berlin" or "Berlin (West)" (as noted here) with effect from the date on which it entered into force for the Federal Republic of Germany.

[...]

- Note (re: "Land Berlin") accompanying the instrument of ratification (deposited 16 May 1969) of the International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966.

- Declaration (re: "Berlin (West)") accompanying the instrument of ratification (deposited 17 December 1973) of the International Covenant on Economic, Social and Cultural Rights, 16 December 1966.

- Declaration (re: "Berlin (West)") accompanying the instrument of ratification (deposited 17 December 1973) of the International Convention on Civil and Political Rights, 16 December 1966.

- Note (re: "Berlin (West)") accompanying the instrument of ratification (deposited 10 July 1985) of the Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979.

- Letter (re: "Berlin (West)") accompanying the instrument of ratification (deposited 1 October 1990) of the Convention Against Torture: and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984.

[...]

3. In the case of the following Amendments, Agreements, Conventions or Protocols, communications from other States were received by the Secretary-General in response to the application of the relevant amendment, agreement, convention or protocol to West Berlin by the Federal Republic of Germany to the effect that the application to West Berlin by the Federal Republic of Germany had no legal validity on the ground that West Berlin was not a "Land" of, or part of the territory of, the Federal Republic of Germany and could not be governed by it.

[...]

- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966; communications from the Governments of Bulgaria (received 16 September 1969), Czechoslovakia (received 3 November 1969), Mongolia (received 7 January 1970), Poland (received 20 June 1969), the Ukrainian Soviet Socialist Republic (received 10 November 1969) and the Union of Soviet Socialist Republics (received 4 August 1969).

[...]

5. For a number of amendments, agreements, conventions or protocols (noted here), including some of those noted at points 3 and 4, the initial communication from the Federal Republic of Germany gave rise to communications to the effect that the initial communication was invalid because it was in contradiction to the Quadripartite Agreement of 3 September 1971 between the Governments of France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America. The Quadripartite Agreement was said to confirm that West Berlin was not a "Land" (where this term had been used) or constituent part of the Federal Republic of Germany and could not be governed by it, and that treaties affecting matters of security and status could not be extended to West Berlin by the Federal Republic of Germany. The initial communication of the Federal Republic of Germany was said, in the case of almost every instrument noted here, to contradict or be incompatible with one or a combination of these stipulations (in one case, for the specific reason that it encroached on an area of competence of the German Democratic Republic) (as noted here). In the one exception to this rule (as noted here), the communication was said to encroach on an area of responsibility reserved for the authorities of France, the United Kingdom and the United States.

[...]

- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966; communication (received 27 December 1973) from the German Democratic Republic (re: government).

- International Covenant on Economic, Social and Cultural Rights, 16 December 1966; communications from the Governments of the Union of Soviet Socialist Republics (received 5 July 1974, and reaffirming position, 13 February 1975), the German Democratic Republic (received 12 August 1974) and the Ukrainian Soviet Socialist Republic (received 16 August 1974) (re: security and status).

- International Convention on Civil and Political Rights, 16 December 1966; communications from the Governments of the Union of Soviet Socialist Republics (received 5 July 1974, and reaffirming position, 13 February 1975), the German Democratic Republic (received 12 August 1974) and the Ukrainian Soviet Socialist Republic (received 16 August 1974) (re: security and status).

- Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979; communication from the Governments of the Union of Soviet Socialist Republics (received 15 April 1986) and the German Democratic Republic (received 22 April 1987) (both re: security and status).

[...]

8. For the amendments, agreements, conventions or protocols noted in point 5 (as listed here), and for a number of such instruments noted in point 3 (as listed here), some of the related communications objecting to the initial declaration of the Federal Republic of Germany on the basis of the provisions of the Quadripartite Agreement or otherwise gave rise to further communications from the Governments of France, the United Kingdom and the United States of America (as noted here). At the essence of these communications was, in one case (as noted here), a denial that the material content of the relevant instrument could affect matters of security and status, and in all cases, the claim that the extension of the relevant instrument by the Federal Republic of Germany was valid and continued to have full effect because it had received proper prior authorization from the authorities of France, the United Kingdom and the United States which had followed established procedures endorsed under the Agreement to ensure matters of security and status were not affected, and integral elements of the Agreement allowed for the limited extension of instruments to West Berlin where matters of security and status were not affected. Communications of this nature were often followed closely by communications from the Federal Republic of Germany indicating its solidarity with the position taken (as noted here).

[...]

- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966; communications from the Governments of France, the United Kingdom and the United States of America (received 17 June 1974) and the Federal Republic of Germany in support (received 15 July 1974).

- International Covenant on Economic, Social and Cultural Rights, 16 December 1966; communications from the Governments of France, the United Kingdom and the United States of America (received 5 November 1974) (including denial re: security and status) and the Federal Republic of Germany in support (received 6 December 1974).

- International Convention on Civil and Political Rights, 16 December 1966; communications from the Governments of France, the United Kingdom and the United States of America (received 5 November 1974) (including denial re: security and status) and the Federal Republic of Germany in support (received 6 December 1974).

- Convention on the Elimination of All Forms of Discrimination Against Women, 18 December 1979; communications from the Governments of France, the United Kingdom and the United States of America (received 20 March 1987).

[...]

9. For a number of the instruments noted in points 5 and 8 (as listed here), the relevant communications from the Governments of France, the United Kingdom, the United States of America, and the Federal Republic of Germany gave rise to further communications from the Government of the Union of Soviet Socialist Republics (noted here), and in some cases also the Government of the Ukrainian Soviet Socialist Republic (also noted here). These communications expressed solidarity with the position taken by the Government of the German Democratic Republic in the communications noted in point 5, and/or emphasized similar objections to those referred to in point 5 regarding the impropriety and invalidity of the use of the term "Land" in extending the relevant instrument to West Berlin (as noted here). In some cases, the communications also reasserted the breach of the "security and status" provisions of the Quadripartite Agreement described in point 5 (as noted here). In exceptional cases, rather than expressing solidarity with the Government of the German Democratic Republic, the communications expressed the same conditional acceptance of the extension of the relevant instrument to West Berlin as described in point 6 (as noted here).

[...]

- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966; communications from the Governments of the Union of Soviet Socialist Republics (received 12 September 1974, and reaffirming position, 8 December 1975) and the Ukrainian Soviet Socialist Republic (received 19 September 1974) (both re: solidarity and "Land").

[...]

10. For some of the instruments noted at point 9 (as listed here), the communications from the Governments of the Union of Soviet Socialist Republics and the Ukrainian Soviet Socialist Republic, which had expressed solidarity with the German Democratic Republic and protested the extension of the relevant instrument to "Land Berlin", provoked responding communications from the Governments of France, the United Kingdom and the United States of America (noted here). In essence, the communications responding to those of the Government of the Union of Soviet Socialist Republics asserted that the extension of the relevant instrument by the Federal Republic of Germany was valid and continued to have full effect for the same reasons of proper authorization detailed in point 6, and also defended the legitimacy under the Quadripartite Agreement of the terminology ("Land Berlin") used by the Federal Republic of Germany in its extension of the relevant instrument to the Western Sectors of Berlin. The communications responding to those of the Government of the Ukrainian Soviet Socialist Republic asserted that this Government was not competent to comment authoritatively on the provisions of the Quadripartite Agreement because it was not a party to the agreement. The communications were followed closely by communications from the Federal Republic of Germany indicating its solidarity with the position taken.

...

- International Convention on the Elimination of All Forms of Racial Discrimination, 7 March 1966; communications from the Governments of France, the United Kingdom and the United States of America (two received 8 July 1975) (responding to the preceding communications of the Government of the Union of Soviet Socialist Republics and the Government of the Ukrainian Soviet Socialist Republic respectively), and from the Federal Republic of Germany in support (received 19 September 1975).

[...]

11. For a number of the amendments, agreements, conventions or protocols noted in points 5, 6, 8 and 9, relevant communications provoked further communications from the Governments of France, the United Kingdom and the United States of America with different combinations of content to those described above (noted here). These communications made, in one case (as noted here) a denial of the Government of the German Democratic Republic's assertion of competence for the subject matter of the relevant instrument (as noted here), and in all cases: the same assertion regarding the authorization of the extension of the relevant instrument by the Federal Republic of Germany as described in points 6 and 10 (as noted here); and/or the same assertion regarding the use of terminology in that assertion as described in point 10 (as noted here); and/or the same assertion regarding the competence of the makers of the preceding communications as described in point 10; and/or the same allegation regarding the making of a misleading reference to the Quadripartite Agreement as described in point 7 (as noted here). Each variety of communication was followed closely by communications from the Federal Republic of Germany indicating its solidarity with the position taken (as noted here).

[...]

- International Covenant on Economic, Social and Cultural Rights, 16 December 1966; communications from the Governments of France, the United Kingdom and the United States of America (received 8 July 1975) (re: competence and authorization), and from the Federal Republic of Germany in support (received 19 September 1975).

- International Convention on Civil and Political Rights, 16 December 1966; communications from the Governments of France, the United Kingdom and the United States of America (received 8 July 1975) (re: competence and authorization), and from the Federal Republic of Germany in support (received 19 September 1975).

[...]]

(Note 25, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

OBJECTIONS MADE TO STATE PARTY’S RESERVATIONS AND DECLARATIONS

(Ed. note: for objections, see Notes under Reservations and Declarations, above)

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

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

(Ed. note: for the text targeted by the following objections, see the Reservations and Declarations of the State which is the subject of the objection)

The Federal Republic of Germany considers that the reservations made by Egypt regarding article 2, article 9, paragraph 2, and article 16, by Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c), and (f), by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g) and (h), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), and by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), are incompatible with the object and purpose of the Convention (article 28, paragraph 2) and therefore objects to them. In relation to the Federal Republic of Germany, they may not be invoked in support of a legal practice which does not pay due regard to the legal status afforded to women and children in the Federal Republic of Germany in conformity with the above-mentioned articles of the Convention. This objection shall not preclude the entry into force of the Convention as between Egypt, Bangladesh, Brazil, Jamaica, the Republic of Korea, Mauritius and the Federal Republic of Germany.

Objections of the same nature were also formulated by the Government of the Federal Republic of Germany in regard to reservations made by various states, as follows:

i) 15 October 1986: In respect of reservations formulated by the Government of Thailand concerning article 9, paragraph 2, article 10, article 11, paragraph 1 (b), article 15, paragraph 3 and article 16; (The Federal Republic of Germany also holds the view that the reservation made by Thailand regarding article 7 of the Convention is likewise incompatible with the object and purpose of the Convention because for all matters which concern national security it reserves in a general and thus unspecific manner the right of the Royal Thai Government to apply the provisions only within the limits established by national laws, regulations and practices).

ii) 15 October 1986: In respect of reservations and some declarations formulated by the Government of Tunisia concerning article 9, paragraph 2 and article 16, as well as the declaration concerning article 15, paragraph 4.

iii) 3 March 1987: In respect of reservations made by the Government of Turkey to article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g); in respect of reservations made by the Government of Iraq with regard to article 2, paragraphs (f) and (g), article 9 and article 16.

iv) 7 April 1988: In respect of the first reservation made by Malawi.

v) 20 June 1990: In respect of the reservation made by the Libyan Arab Jamahiriya.

vi) 24 October 1994: In respect of the reservations made by Maldives.

vii) 8 October 1996: In respect of the reservations made by Malaysia.

viii) 28 May 1997: In respect of the declaration made by Pakistan.

ix) 19 June 1997: In respect of the reservation made by Algeria.

*****

19 January 2001

With regard to the reservations made by Saudi Arabia upon ratification.

"The Government of the Federal Republic of Germany is of the view that the reservation, with regard to compatibility of CEDAW rules with Islamic law, raises doubts as to the commitment of the Kingdom of Saudi Arabia to CEDAW. The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Convention.

The Government of the Federal Republic of Germany notes furthermore that the reservation to Paragraph 2 of article 9 of CEDAW aims to exclude one obligation of non-discrimination which is so important in the context of CEDAW as to render this reservation contrary to the essence of the Convention.

The Government of the Federal Republic of Germany therefore objects to the aforesaid reservations made by the Government of the Kingdom of Saudi Arabia to the Convention on Elimination of all Forms of Discrimination against Women.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and the Kingdom of Saudi Arabia."

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2 October 2001

With regard to the reservations made by the Democratic People's Republic of Korea upon accession:

"The Government of the Federal Republic of Germany has examined the reservations to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) made by the Government of the Democratic People's Republic of Korea upon its accession to the Convention. The Government of the Federal Republic of Germany is of the view that the reservations to article 2 paragraph (f) and article 9 paragraph 2 of CEDAW are incompatible with the object and purpose of the Convention, for they aim at excluding the Democratic People's Republic of Korea's obligations in respect of two basic aspects of the Convention.

The Government of the Federal Republic of Germany therefore objects to the aforesaid reservations made by the Government of the Democratic People's Republic of Korea to the Convention on all Forms of Discrimination against Women.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and the Democratic People's Republic of Korea."

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14 March 2002

With regard to the reservation made by Mauritania upon accession:

"The Government of the Federal Republic of Germany has examined the reservation to the Convention on the Elimination of all Forms of Discrimination against Women made by the Government of Mauritania at the time of its accession to the Convention. The Government of the Federal Republic of Germany is of the view that the reservation with regard to the compatibility of the rules of the Convention with the precepts of Islamic Sharia and the Constitution of Mauritania raises doubts as to the commitment of Mauritania to fulfil its obligations under the Convention. The Government of the Federal Republic of Germany considers this reservation to be incompatible with the object and purpose of the Convention. Therefore the Government of the Federal Republic of Germany objects to the aforesaid reservation made by the Government of Mauritania to the Convention.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and Mauritania."

*****

18 February 2003

With regard to the reservations made by Bahrain upon accession:

"The Government of the Federal Republic of Germany has examined the reservations to the Convention on the Elimination of All Forms of Discrimination against Women made by the Government of the Kingdom of Bahrain at the time of accession to the Convention.

The Government of the Federal Republic of Germany is of the view that the reservations with regard to the compatibility of the rules of articles 2 and 16 of the Convention with the precepts of Islamic Shariah raises doubts as to the commitment of the Kingdom of Bahrain to fulfil its obligations under the Convention. These reservations are therefore incompatible with the object and purpose of the Convention.

The reservations to article 9 paragraph 2 and article 15 paragraph 4, if put into practice, would inevitably result in discrimination against women on the basis of sex, which is incompatible with the object and purpose of the Convention.

According to article 28 paragraph 2 of the Convention reservations incompatible with the object and purpose of the Convention shall not be permitted.

Therefore, the Government of the Federal Republic of Germany objects to the aforesaid reservations made by the Government of the Kingdom of Bahrain to the Convention.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and the Kingdom of Bahrain."

*****

25 August 2003

With regard to the reservations made by the Syrian Arab Republic upon accession:

"The Government of the Federal Republic of Germany has examined the reservations made by the Government of the Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination against Women in respect of Article 2; Article 9, paragraph 2; Article 15, paragraph 4; Article 16, paragraph 1 (c), (d), (f) and (g); and Article 16, paragraph 2.

The Government of the Federal Republic of Germany finds that the aforesaid reservations would allow to limit the responsibilities of the reserving State with regard to essential provisions of the Convention and therefore raise doubts as to the commitment assumed by this State in acceding to the Convention.

Consequently, the Government of the Federal Republic of Germany considers that these reservations are incompatible with the object and purpose of the Convention.

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 the Federal Republic of Germany therefore objects to the aforementioned reservations made by the Government of the Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection does not preclude the entry into force of the Convention between the Federal Republic of Germany and the Syrian Arab Republic."

*****

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 (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 UAE feels bound by the obligations of the Convention.

Moreover, the reservations to Article 9 (2) and Article 15 (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 (2) of the Convention, reservations that are incompatible with the object and purpose of the present 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.

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28 August 2006

With regard to the reservations made by Oman upon accession:

"The Government of the Federal Republic of Germany has carefully examined the reservations made by the Sultanate of Oman on 7 February 2006 upon accession to the Convention on the Elimination of All Forms of Discrimination Against Women of 18 December 1979. The reservations state the Sultanate of Oman does not consider itself bound by provisions of the Convention that are not in accordance with the provisions of the Islamic Sharia and legislation in force in the Sultanate of Oman, and also state that it is not bound by Article 9 (2), Article 15 (4) and Article 16, subparagraphs (a), (c) and (f) of the Convention.

The Government of the Federal Republic of Germany is of the opinion that by giving precedence to the principles of the Sharia and its own national law over the application of the provisions of the Convention, the Sultanate of Oman has made a reservation which leaves it unclear to what extent it feels bound by the obligations of the Convention and which is incompatible with the object and purpose of the Convention. Furthermore, the reservations to Article 9 (2), Article 15 (4) and Article 16 will unavoidably result in a legal situation that discriminates against women, which is incompatible with the object and purpose of the Convention.

Pursuant to Article 28 (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. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and the Sultanate of Oman."

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19 December 2006

With regard to the reservations made by Brunei Darussalam upon accession:

"The Government of the Federal Republic of Germany has carefully examined the reservations made by Brunei Darussalam on 24 May 2006 upon accession to the Convention on the Elimination of All Forms of Discrimination Against Women of 18 December 1979. The reservations state that Brunei Darussalam does not consider itself bound by provisions of the Convention that are contrary to the Constitution of Brunei Darussalam and to the beliefs and principles of Islam, in particular Article 9 (2) of the Convention.

The Government of the Federal Republic of Germany is of the opinion that by giving precedence to the beliefs and principles of Islam and its own constitutional law over the application of the provisions of the Convention, Brunei Darussalam has made a reservation which leaves it unclear to what extent it feels bound by the obligations of the Convention and which incompatible with the object and purpose of the Convention. Furthermore, the reservation to Article 9 (2) will unavoidably result in a legal situation that discriminates against women, which is incompatibe with the object and purpose of the Convention,

Pursuant to Article 28 (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. This objection shall not preclude the entry into force of the Convention between the Federal Republic of Germany and Brunei Darussalam."

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Note

The Secretary-General received several objections to the signature of the above Convention by Democratic Kampuchea. These objections are identical in matter, mutatis mutandis, as those reproduced in note 3 in chapter IV.3.

[Ed. note: as follows:

The signature was effected by Democratic Kampuchea. In this regard the Secretary-General received, on 5 November 1980, the following communication from the Government of Mongolia:

"The Government of the Mongolian People's Republic considers that only the People's Revolutionary Council of Kampuchea as the sole authentic and lawful representative of the Kampuchean people has the right to assume international obligations on behalf of the Kampuchean people. Therefore the Government of the Mongolian People's Republic considers that the signature of the Human Rights Covenants by the representative of the so-called Democratic Kampuchea, a régime that ceased to exist as a result of the people's revolution in Kampuchea, is null and void.

"The signing of the Human Rights Covenants by an individual, whose régime during its short period of reign in Kampuchea had exterminated about 3 million people and had thus grossly violated the elementary norms of human rights, each and every provision of the Human Rights Covenants is a regrettable precedence, which discredits the noble aims and lofty principles of the United Nations Charter, the very spirit of the above-mentioned Covenants, gravely impairs the prestige of the United Nations."

Thereafter, similar communications were received from the Government of the following States on the dates indicated and their texts were circulated as depositary notifications or, at the request of the States concerned, as official documents of the General Assembly (A-33-781 and A-35-784):

State                                                     Date of receipt

German Democratic Republic            11 Dec 1980

Poland                                               12 Dec 1980

Ukraine                                               16 Dec 1980

Hungary                                             19 Jan 1981

Bulgaria                                             29 Jan 1981

Belarus                                               18 Feb 1981

Russian Federation                            18 Feb 1981

Czechoslovakia                                   10 Mar 1981]

Following is the list of States who have notified their objection with the date of receipt of the notifications:

Participant                                          Date of receipt

German Democratic Republic            11 Dec 1980

Hungary                                              19 Jan 1981

Bulgaria                                              29 Jan 1981

Russian Federation                             13 Feb 1981

Belarus                                               18 Feb 1981

Czechoslovakia                                  10 Mar 1981

(Note 10, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

*****

Note

On 29 January 1999, the Government of Maldives notified the Secretary-General of a modification of its reservation made upon accession. In keeping with the depositary practice followed in similar cases, the Secretary-General proposed to receive the modification in question for deposit in the absence of any objection on the part of any of the contracting States, either to the deposit itself or to the procedure envisaged, within a period of 90 days from the date of its notification (i.e. 25 March 1999). No objection having been received, the modification was accepted for deposit upon the expiration of the 90 day period, that is to say on 23 June 1999. The text of the reservations made upon accession read as follows:

Reservations:

"The Government of the Republic of Maldives will comply with the provisions of the Convention, except those which the Government may consider contradictory to the principles of the Islamic Sharia upon which the laws and traditions of the Maldives is founded.

Furthermore, the Republic of Maldives does not see itself bound by any provisions of the Convention which obliges to change its Constitution and laws in any manner."

In this regard, the Secretary-General received communications from various States on the dates indicated hereinafter:

...

Germany (16 August 1999):

The modification does not constitute a withdrawal or a partial withdrawal of the original reservations to the Convention by the Republic of the Maldives. Instead the modification constitutes a new reservation to articles 7 a (right of women to vote in all elections and public referenda and be eligible for elections to all publicly elected bodies) and 16 (elimination of discrimination against women in all matters relating to marriage and family relations) of the Convention extending and reinforcing the original reservations.

The Government of the Federal Republic of Germany notes that reservations to treaties can only be made by a State when signing, ratifying, accepting, approving or acceding to a treaty (article 19 of the Vienna Convention on the Law of Treaties). After a State has bound itself to a treaty under international law it can no longer submit new reservations or extend or add to old reservations. It is only possible to totally or partially withdraw original reservations, something unfortunately not done by the Government of the Republic of the Maldives with its modification.

The Government of the Federal Republic of Germany objects to the modification of the reservations".

(Note 37, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)