SPAIN

CCPR OPTIONAL PROTOCOL

RESERVATIONS AND DECLARATIONS

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

The Spanish Government accedes to the Optional Protocol to the International Covenant on Civil and Political Rights, on the understanding that the provisions of article 5, paragraph 2, of that Protocol mean that the Human Rights Committee shall not consider any communication from an individual unless it has ascertained that the same matter has not been or is not being examined under another procedure of international investigation or settlement.

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)

1 December 1999

With regard to the reservation made by Guyana upon accession:

The Government of the Kingdom of Spain considers that this reservation raises doubts about the commitment of the Republic of Guyana to the purpose and goal of the Optional Protocol, which is to strengthen the position of the individual with regard to the rights protected by the International Covenant on Civil and Political Rights. The reservation, on the other hand, seeks to limit the international obligations of Guyana towards individuals who are under sentence of death.

The Government of Spain also has doubts about the correctness of the procedure followed by the Government of Guyana, inasmuch as denunciation of the Optional Protocol followed by re-accession to it with a reservation prejudices the ratification process and undermines the international protection of human rights.

Consequently, the Government of Spain objects to the aforesaid reservation made by the Government of the Republic of Guyana to the Optional Protocol to the International Covenant on Civil and Political Rights.

This objection does not prevent the entry into force of the Optional Protocol between the Kingdom of Spain and the Republic of 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:

...

Spain (25 August 1999):

The Government of the Kingdom of Spain believes that this reservation casts doubt on the commitment of Trinidad and Tobago to the object and purpose of the Optional Protocol, which is clearly to strengthen the individual's position with respect to the rights enshrined in the International Covenant on Civil and Political Rights. On the contrary, the aim of the reservation is to limit the international obligations of Trinidad and Tobago towards individuals under sentence of death.

The Government of the Kingdom of Spain also has reservations about whether the Government of Trinidad and Tobago has followed the proper procedure; the denunciation of the Optional Protocol, followed by re-accession to it with a reservation, prejudices the ratification process and undermines the international protection of human rights.

Accordingly, the Government of Spain objects to this reservation made by the Government of Trinidad and Tobago to the Optional Protocol to the International Covenant on Civil and Political Rights.

This objection does not preclude the entry into force of the Optional Protocol as between the Kingdom of Spain and Trinidad and Tobago.

...

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