TURKEY

CERD

RESERVATIONS AND DECLARATIONS

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

Declarations and reservation:

"The Republic of Turkey declares that it will implement the provisions of this Convention only to the States Parties with which it has diplomatic relations.

 The Republic of Turkey declares that this Convention is ratified exclusively with regard to the national territory where the Constitution and the legal and administrative order of the Republic of Turkey are applied.

The Republic of Turkey does not consider itself bound by Article 22 of this Convention. The explicit consent of the Republic of Turkey is necessary in each individual case before any dispute to which the Republic of Turkey is party concerning the interpretation or application of this Convention may be referred to the International Court of Justice."

OBJECTIONS MADE TO STATE PARTY’S RESERVATIONS AND DECLARATIONS

Sweden, 14 January 2003

With regard to declarations made by Turkey upon ratification:

The Government of Sweden has examined the declarations made by Turkey upon ratifying the International Convention on the Elimination of All Forms of Racial Discrimination.

Paragraph 1 of the declaration states that Turkey will implement the provisions of the Convention only to the States Parties with which it has diplomatic relations. This statement in fact amounts, in the view of the Government of Sweden, to a reservation. The reservation makes it unclear to what extent the Turkey considers itself bound by the obligations of the Convention. In absence of further clarification, therefore, the reservation raises doubts as to the commitment of Turkey to the object and purpose of the Convention.

It is in the common interest of States that treaties to which they have chosen to become parties are respected as to their object and purpose, by all parties, and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to article 20 of the International Convention on the Elimination of All Forms of Racial Discrimination, a reservation incompatible with the object and purpose of the convention shall not be permitted.

The Government of Sweden objects to the said reservation made by the Government of Turkey to the International Convention on the Elimination of All Forms of Racial Discrimination.

This objection does not preclude the entry into force of the Convention between Turkey and Sweden. The Convention enters into force in its entiretv between the two States, without Turkey benefiting from its reservation.

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United Kingdom of Great Britain and Northern Ireland, 26 June 2003

With regard to the declaration made by Turkey upon ratification:

"The Government of the United Kingdom have examined the declaration made by the Government of the Republic of Turkey to the International Convention on the Elimination of All Forms of Racial Discrimination (New York, 7 March 1966) on 16 September 2002 in respect of implementation of the provisions of the Convention only to the States Parties with which it has diplomatic relations.

In the view of the Government of the United Kingdom, this declaration amounts to a reservation. This reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention. The Government of the United Kingdom therefore object to the reservation made by the Government of the Republic of Turkey.

This objection shall not preclude the entry into force of the Convention between the United Kingdom of Great Britain and Northern Ireland and the Republic of Turkey."

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Cyprus, 5 August 2003

With regard to the reservation made by Turkey upon ratification:

"...the Government of the Republic of Cyprus has examined the declaration made by the Government of the Republic of Turkey to the International Convention on the Elimination of all Forms of Racial Discrimination (New York, 7 March 1966) on 16 September 2002 in respect of the implementation of the provisions of the Convention only to the States Parties with which it has diplomatic relations.

In the view of the Government of the Republic of Cyprus, this declaration amounts to a reservation. This reservation creates uncertainty as to the States Parties in respect of which Turkey is undertaking the obligations in the Convention. The Government of the Republic of Cyprus therefore objects to the reservation made by the Government of the Republic of Turkey.

This reservation or the objection to it shall not preclude the entry into force of the Convention between the Republic of Cyprus and the Republic of Turkey."