NETHERLANDS

CCPR OPTIONAL PROTOCOL

OBJECTIONS MADE TO OTHER STATES PARTIES RESERVATIONS AND DECLARATIONS

(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)

22 October 1999

With regard to the reservation made by Guyana upon accession:

" ...

2. The Government of the Kingdom of the Netherlands is of the view that this reservation, which seeks to limit the obligations of the reserving State towards individuals under sentence of death, raises doubts as to the object and purpose of the Optional Protocol.

3. The Government of the Netherlands considers that the purpose of the Optional Protocol [to the International Covenant on Civil and Political Rights] is to strengthen the position of the individual under the Covenant. Denying the benefits of the Optional Protocol in relation to the Covenant to a group of individuals under the most severe sentence is fundamentally in conflict with the object and purpose of the Optional Protocol.

4. Also the Government of the Kingdom of the Netherlands considers the procedure followed by Guyana, of denouncing the Optional Protocol followed by a re-accession with reservations, as contrary to the rules of the law of treaties that prohibit the formulation of reservations after ratification. The procedure followed by Guyana circumvents such well-established rules.

5. The Government of the Kingdom of the Netherlands therefore objects to the aforementioned reservation made by the Government of Guyana to the Optional Protocol to the International Covenant on Civil and Political Rights.

6. This objection shall not preclude the entry into force of the Optional Protocol between the Kingdom of the Netherlands and Guyana".

Note

The Government of Trinidad and Tobago acceded to the Optional Protocol on 14 November 1980. On 26 May 1998 the Government of Trinidad and Tobago informed the Secretary-General of its decision to denounce the Optional Protocol with effect from 26 August 1998. On 26 August 1998, the Government of Trinidad and Tobago re-acceded to the Optional Protocol with a reservation. On 27 March 2000, the Government of Trinidad and Tobago notified the Secretary-General that it had decided to denounce the Optional Protocol for the second time with effect from 27 June 2000.

The Secretary-General received communications from the following States on the dates indicated hereinafter:

Netherlands (6 August 1999);

“1. [...]

2. The Government of the Kingdom of the Netherlands is of the view that this reservation, which seeks to limit the obligations of the reserving State towards individuals under sentence of death, raises doubts as to the commitment of Trinidad and Tobago to the object and purpose of the Optional Protocol.

3. The Government of the Kingdom of the Netherlands considers that the purpose of the Optional Protocol to the International Covenant on Civil and Political Rights is to strengthen the position of the individual under the Covenant. Denying the benefits of the Optional Protocol in relation to the Covenant to a group of individuals under the most severe sentence is fundamentally in conflict with the object and purpose of the Optional Protocol.

4. Also the Government of the Kingdom of the Netherlands considers the procedure followed by Trinidad and Tobago, of denouncing the Optional Protocol followed by a re-accession with reservations, as contrary to the rules of the law of treaties that prohibit the formulation of reservations after ratification. The procedure followed by Trinidad and Tobago circumvents such well-established rules.

5. The Government of the Kingdom of the Netherlands therefore objects to the aforementioned reservation made by the Government of Trinidad and Tobago to the Protocol of the International Covenant on Civil and Political Rights.

6. This objection shall not preclude the entry into force of the Optional Protocol between the Kingdom of the Netherlands and Trinidad and Tobago.”

...

(Note 1, Chapter IV.5, Multilateral Treaties Deposited with the Secretary-General)

TERRITORIAL APPLICATION

Participant      Date of receipt of notification            Territories

Netherlands    11 Dec 1978                                       Netherlands Antilles 

Note

See note 1 under "Netherlands" regarding Aruba/Netherlands Antilles 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 1 under Netherlands is as follows:

Netherlands

Note 1

By a communication received on 30 December 1985, the Government of the Netherlands informed the Secretary-General that "the island of Aruba which was a part of the Netherlands Antilles would obtain internal autonomy as a separate country within the Kingdom of the Netherlands as of l January 1986". The said change would have no consequence in international law. The treaties concluded by the Kingdom which applied to the Netherlands Antilles, including Aruba, would continue, after 1 January 1986 to apply to the Netherlands Antilles (of which Aruba is no longer a part) and to Aruba.]

(Note 8, Chapter IV.5, Multilateral Treaties Deposited with the Secretary-General)