OMAN

CRC OPTIONAL PROTOCOL (SALE OF CHILDREN)

RESERVATIONS AND DECLARATIONS

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

Reservation:

...subject to the Sultanate's reservations to the Convention on the Rights of the Child.

OBJECTIONS MADE TO STATE PARTY'S RESERVATIONS AND DECLARATIONS

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

France, 18 November 2005

With regard to the reservations made by Oman upon accession:

"The Government of the French Republic has examined the reservation entered by the Government of the Sultanate of Oman upon acceding, on 17 September 2004, to the Optional Protocol to the Convention on the Rights of the Child, concerning the sale of children, child prostitution and child pornography by which the Sultanate extends to the Protocol the reservations it entered with respect to the Convention. While indicating that it was acceding to the Protocol and voicing, in a general manner, reservations with respect to provisions of the Protocol that it regards as violating Islamic sharia rules, the Sultanate of Oman has entered a reservation of a general, indeterminate nature that leaves other States parties unable to establish which provisions of the Convention the reservation currently concerns and which provisions are likely to be concerned in the future. The Government of the French Republic believes that the reservation could deprive the provisions of the Convention of any effect and is entering an objection thereto. This objection shall not prevent the entry into force of the Convention between France and the Sultanate of Oman."

*****

Hungary

With regard to the reservation made by Oman upon accession:

"The Government of the Republic of Hungary has examined the reservations made by the Sultanate of Oman on 17 September 2004 to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Government of the Republic of Hungary notes that the Sultanate of Oman does not consider itself bound by the provisions of the Optional Protocol that do not accord with the Islamic law or the legislation in force in the Sultanate, and also notes that the Sultanate of Oman intends to apply the Optional Protocol within the limits imposed by the material resources available.

The Government of the Republic of Hungary is of the view that the Sultanate of Oman has made reservations of a general nature which do not define clearly to what extent it considers itself bound by the provisions of the Optional Protocol. The Government of the Republic of Hungary notes that according to Article 19 of the Vienna Convention on the Law of Treaties reservations that are incompatible with the object and purpose of the treaty shall not be permitted.

The Government of the Republic of Hungary therefore objects to the above-mentioned reservations. The objection shall not preclude the entry into force of the Optional Protocol between the Republic of Hungary and the Sultanate of Oman. The Optional Protocol enters into force in its entirety between the Republic of Hungary and the Sultanate of Oman, without the Sultanate of Oman benefiting from its reservations."

****

Norway, 19 January 2006

With regard to the reservation made by Oman upon accession:

"The Permanent Mission of Norway to the United Nations presents its compliments to the Secretary-
General of the United Nations and has the honour to convey that Norway has examined the second and third reservations made by the Government of the Sultanate of Oman on 17 September 2004 on accession to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (New York, 25 May 2000) which concern Islamic and domestic law and limits imposed by the material resources available.

The Government of Norway is of the view that these general reservations raise doubts as to the full commitment of the Sultanate of Oman to the object and purpose of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and would like to recall that according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

The Government of Norway therefore objects to the aforesaid reservations made by the Government of the Sultanate of Oman to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. This objection does not preclude the entry into force in its entirety, of the Convention between the Kingdom of Norway and the Sultanate of Oman, without the latter benefiting from these reservations."