FRANCE

CCPR

RESERVATIONS AND DECLARATIONS

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

Declarations and Reservations:

(1) The Government of the Republic considers that, in accordance with Article 103 of the Charter of the United Nations, in case of conflict between its obligations under the Covenant and its obligations under the Charter (especially Articles 1 and 2 thereof), its obligations under the Charter will prevail.

(2) The Government of the Republic enters the following reservation concerning article 4, paragraph 1: firstly, the circumstances enumerated in article 16 of the Constitution in respect of its implementation, in article 1 of the Act of 3 April 1978 and in the Act of 9 August 1849 in respect of the declaration of a state of siege, in article 1 of Act No. 55-385 of 3 April 1955 in respect of the declaration of a state of emergency and which enable these instruments to be implemented, are to be understood as meeting the purpose of article 4 of the Covenant; and, secondly, for the purpose of interpreting and implementing article 16 of the Constitution of the French Republic, the terms "to the extent strictly required by the exigencies of the situation" cannot limit the power of the President of the Republic to take "the measures required by circumstances".

(3) The Government of the Republic enters a reservation concerning articles 9 and 14 to the effect that these articles cannot impede enforcement of the rules pertaining to the disciplinary régime in the armies.

(4) The Government of the Republic declares that article 13 cannot derogate from chapter IV of Order No. 45-2658 of 2 November 1945 concerning the entry into, and sojourn in, France of aliens, nor from the other instruments concerning the expulsion of aliens in force in those parts of the territory of the Republic in which the Order of 2 November 1945 does not apply.

(5) The Government of the Republic interprets article 14, paragraph 5, as stating a general principle to which the law may make limited exceptions, for example, in the case of certain of- fences subject to the initial and final adjudication of a police court and of criminal offences. However, an appeal against a final decision may be made to the Court of Cassation which rules on the legality of the decision concerned.

(6) The Government of the Republic declares that articles 19, 21 and 22 of the Covenant will be implemented in accordance with articles 10, 11 and 16 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950.

(7) The Government of the Republic declares that the term "war", appearing in article 20, paragraph 1, is to be understood to mean war in contravention of international law and considers, in any case, that French legislation in this matter is adequate.

(8) In the light of article 2 of the Constitution of the French Republic, the French Government declares that article 27 is not applicable so far as the Republic is concerned.

Note

In this connection, the Secretary-General received, on 23 April 1982 from the Government of the Federal Republic of Germany, the following declaration with regard to that declaration made by France concerning article 27 of the said Covenant:

The Federal Government refers to the declaration on article 27 made by the French Government and stresses in this context the great importance attaching to the rights guaranteed by article 27. It interprets the French declaration as meaning that the Constitution of the French Republic already fully guarantees the individual rights protected by article 27.

(Note 20, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

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Note

In a communication received on 22 March 1988, the Government of France notified the Secretary-General of its decision to withdraw, with effect from that date, its reservation with regard to article 19 made upon accession to the said Covenant. For the text of the reservation, see United Nations, Treaty Series, vol. 1202, p. 395.

[Ed. note: as follows:

"However, the Government of the Republic enters a reservation concerning article 19 which cannot derogate from the monopoly of the French radio and television broadcasting system."]

(Note 21, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

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 Government of the Republic takes objection to the reservation entered by the Government of the Republic of India to article 1 of the International Covenant on Civil and Political Rights, as this reservation attaches conditions not provided for by the Charter of the United Nations to the exercise of the right of self-determination. The present declaration will not be deemed to be an obstacle to the entry into force of the Covenant between the French Republic and the Republic of India.

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4 October 1993

At the time of the ratification of [the said Covenant], the United States of America expressed a reservation relating to article 6, paragraph 5, of the Covenant, which prohibits the imposition of the death penalty for crimes committed by persons below 18 years of age.

France considers that this United States reservation is not valid, inasmuch as it is incompatible with the object and purpose of the Convention.

Such objection does not constitute an obstacle to the entry into force of the Covenant between France and the United States.

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15 October 2001

With regard to the reservation made by Botswana upon ratification:

The Government of the French Republic has studied Botswana's reservations to the International Covenant on Civil and Political Rights. The purpose of the two reservations is to limit Botswana's commitment to articles 7 and 12, paragraph 3, of the Covenant to the extent to which these provisions are compatible with sections 7 and 14 of the Constitution of Botswana. The Government of the French Republic considers that the first reservation casts doubt upon Botswana's commitment and might nullify article 7 of the Covenant which prohibits in general terms torture and cruel, inhuman or degrading treatment or punishment.

Consequently, the Government of the French Republic objects to the Government of Botswana's reservation to article 7 of the Covenant.

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18 November 2005

With regard to reservations made by Mauritania upon ratification:

"The Government of the French Republic has examined the declarations formulated by the Government of Mauritania upon acceding to the International Covenant on Civil and Political Rights, adopted on 16 December 1966, in accordance with which the Government of Mauritania, on the one hand, 'while accepting the provisions set out in article 18 concerning freedom of thought, conscience and religion, declares that their application shall be without prejudice to the Islamic sharia' and, on the other, 'interprets the provisions of article 23, paragraph 4, on the rights and responsibilities of spouses as to marriage as not affecting in any way the prescriptions of the Islamic sharia'. By making the application of article 18 and the interpretation of article 23, paragraph 4, of the Covenant subject to the prescriptions of the Islamic sharia, the Government of Mauritania is, in reality, formulating reservations with a general, indeterminate scope, such that they make it impossible to identify the modifications to obligations under the Covenant, which they purport to introduce. The Government of the French Republic considers that the reservations thus formulated are likely to deprive the provisions of the Covenant of any effect and are contrary to the object and purpose thereof. It therefore enters an objection to these reservations. This objection shall not preclude the entry into force of the Convention between France and Mauritania."

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19 September 2007

With regard to the reservation made by Maldives upon accession:

The Government of the French Republic has reviewed the reservation made by the Republic of Maldives at the time of its accession to the International Covenant on Civil and Political Rights of 16 December 1966 to the effect that the Republic of Maldives intends to apply the principles relating to freedom of thought, conscience and religion set out in article 18 of the Covenant without prejudice to its own Constitution.

The French Republic considers that by subordinating the general application of a right set out in the Covenant to its internal law, the Republic of Maldives is formulating a reservation that is likely to deprive a provision of the Covenant of any effect and makes it impossible for other States Parties to know the extent of its commitment.

The Government of the French Republic considers the reservation as contrary to the object and purpose of the Covenant. It therefore objects to that reservation. This objection does not prevent the entry into force of the Covenant between the French Republic and the Republic of Maldives.

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24 June 2011

With regard to the reservations made by Pakistan upon ratification:

The Government of the French Republic has considered the reservations made by the Islamic Republic of Pakistan upon its ratification of the International Covenant on Civil and Political Rights on 23 June 2010.

Concerning the reservations to articles 3, 6, 7, 12, 18, 19 and 25, France considers that in seeking to exclude the application of provisions of the Covenant, insofar as they might be contrary to or inconsistent with the Constitution of Pakistan and/or Sharia law, the Islamic Republic of Pakistan has made reservations of a general and indeterminate nature. Indeed, these reservations are vague since they do not specify which provisions of domestic law are affected. Thus, they do not allow other States Parties to appreciate the extent of the commitment of the Islamic Republic of Pakistan, including the compatibility of the provisions with the object and purpose of the Covenant.

With regard to article 40, France believes that in seeking to exclude the competence of the Human Rights Committee to consider periodic reports, the Islamic Republic of Pakistan is depriving this key body under the Covenant of its main function. As such, the Government of the French Republic considers this reservation to be contrary to the object and purpose of the Covenant.

The Government of the French Republic therefore objects to the reservations made by the Islamic Republic of Pakistan. However, this objection shall not preclude the entry into force of the Covenant between France and Pakistan.

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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. For text in Bayefsky.com, see Germany, CCPR, Reservations and Declarations, note 9].

(Note 9, Chapter IV.4, Multilateral Treaties Deposited with the Secretary-General)

DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT

15 November 2005

On 15 November 2005, the Secretary-General received from the Government of France a notification signed by the Permanent Representative dated 15 November 2005, made under article 4 (3) of the above Covenant, declaring a state of emergency had been established pursuant to the Decree dated 8 November 2005.

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12 January 2006

On 12 January 2006, the Secretary-General received from the Government of France a notification declaring the termination of the state of emergency established pursuant to the Decree dated 8 November 2005, with effect from 4 January 2006.