NETHERLANDS

CEDAW

RESERVATIONS AND DECLARATIONS

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

Declaration:

"During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion."

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 Kingdom of the Netherlands considers that the reservations made by Bangladesh regarding article 2, article 13 (a) and article 16, paragraph 1 (c) and (f), by Egypt regarding article 2, article 9 and article 16, by Brazil regarding article 15, paragraph 4, and article 16, paragraph 1 (a), (c), (g), and (h), by Iraq regarding article 2, sub-paragraphs (f) and (g), article 9 and article 16, by Mauritius regarding article 11, paragraph 1 (b) and (d), and article 16, paragraph 1 (g), by Jamaica regarding article 9, paragraph 2, by the Republic of Korea regarding article 9 and article 16, paragraph 1 (c), (d), (f) and (g), by Thailand regarding article 9, paragraph 2, article 15, paragraph 3, and article 16, by Tunisia regarding article 9, paragraph 2, article 15, paragraph 4, and article 16, paragraph 1 (c), (d), (f), (g) and (h), by Turkey regarding article 15, paragraphs 2 and 4, and article 16, paragraph 1 (c), (d), (f) and (g), by the Libyan Arab Jamahiriya upon accession, and the first paragraph of the reservations made by Malawi upon accession, are incompatible with the object and purpose of the Convention (article 28, paragraph 2).

"These objections shall not preclude the entry into force of the Convention as between Bangladesh, Egypt, Brazil, Iraq, Mauritius, Jamaica, the Republic of Korea, Thailand, Tunisia, Turkey, Libyan Arab Jamahiriya, Malawi and the Kingdom of the Netherlands."

*****

14 July 1994

The Government of the Kingdom of the Netherlands considers that the declarations made by India regarding article 5 (a) and article 16, paragraph 1. of the Convention are reservations incompatible with the object and purpose of the Convention (article 28, paragraph 2).

The Government of the Kingdom of the Netherlands considers that the declaration made by India regarding article 16, paragraph 2, of the Convention is a reservation incompatible with the object and purpose of the Convention (article 28, para. 2).

The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco expressing the readiness of Morocco to apply the provisions of article 2 provided that they do not conflict with the provisions of the Islamic Shariah, is a reservation incompatible with the object and purpose of the Convention (article 28, paragraph 2).

The Government of the Kingdom of the Netherlands considers that the declaration made by Morocco regarding article 15, paragraph 4, of the Convention is a reservation incompatible with the object and purpose of the Convention (article 28, paragraph 2).

The Government of the Kingdom of the Netherlands considers that the reservations made by Morocco regarding article 9, paragraph 2, and article 16 of the Convention are reservations incompatible with the object and purpose of the Convention (article 28, paragraph 2).

The Government of the Kingdom of the Netherlands has examined the reservations made by the Maldives [...]. The Government of the Kingdom of the Netherlands considers the said reservations incompatible with the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands objects to the above-mentioned declarations and reservations.

These objections shall not preclude the entry into force of the Convention as between India, Morocco, the Maldives and the Kingdom of the Netherlands.

*****

16 January 1996

With regard to the reservations made by Kuwait upon accession:

"The Government of the Kingdom of the Netherlands considers the reservations made by Kuwait incompatible with the object and purpose of the Convention (article 28, paragraph 2).

The Government of the Kingdom of the Netherlands therefore objects to the [said] reservations. These objections shall not preclude the entry into force of the Convention between Kuwait and the Kingdom of the Netherlands."

*****

15 October 1996

With regard to the reservations made by Malaysia upon accession:

"The Government of the Kingdom of the Netherlands considers ... that such reservations, which seeks to limit the responsibilities of the reserving State under the Convention by invoking the general principles of national law and the Constitution, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover contribute to undermining the basis of international treaty law. It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties.

The Government of the Kingdom of the Netherlands further considers that the reservations made by Malaysia regarding article 2 (f), article 5 (a), article 9 and article 16 of the Convention are incompatible with the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned reservations. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Malaysia."

*****

1 November 1996

With regard to the reservations made by Fiji upon accession and Lesotho upon ratification:

[Same objection, mutatis mutandis, as the one made for Malaysia.] [Ed. note: see above]

*****

20 November 1996

With regard to the reservations made by Singapore upon accession:

"The Government of the Kingdom of the Netherlands ... considers:

- that the reservation under (1) is incompatible with the purpose of the Convention;

- that the reservation under (2) suggests a distinction between migrating men and migrating women, and by that is an implicit reservation regarding article 9 of the Convention, which is incompatible with the object and purpose of the Convention;

- that the reservation under (3), particularly the last part "...and considers that legislation in respect of article 11 is unnecessary for the minority of women who do not fall within the ambit of Singapore's employment legislation" is a reservation, which seeks to limit the responsibilities of the reserving State under the Convention by invoking the general principles of its national law, and in this particular case to exclude the application of the said article for a specific category of women, and therefore may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. It is in the common interest of States that treaties to which they have chosen to become parties should be respected, as to object and purpose, by all parties;

The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned reservations.

This objection shall not preclude the entry into force of the Convention between Singapore and the Kingdom of the Netherlands."

*****

30 May 1997

With regard to the declaration made by Pakistan upon accession:

[Same objection, mutatis mutandis, as the one made for Malaysia.] [Ed. note: see above]

*****

1 July 1997

With regard to the reservations made by Algeria upon accession:

[Same objection, mutatis mutandis, as the one made for Malaysia.] [Ed. note: see above]

*****

15 May 1998

With regard to the reservations regarding article 9, paragraph 2, and article 16 first paragraph (c), (d), (f) and (g) made by Lebanon upon accession:

[Same objection, mutatis mutandis, as the one made for Kuwait.] [Ed. note: see above]

*****

18 September 2001

With regard to the reservations made by Saudi Arabia upon ratification:

"The Government of the Kingdom of the Netherlands has examined the reservations made by the Government of Saudi Arabia at the time of its [ratification of] the Convention on the Elimination of All Forms of Discrimination against Women.

The Government of the Kingdom of the Netherlands considers that the reservation concerning the national law of Saudi Arabia, which seeks to limit the responsibilities of the reserving State under the Convention by invoking national law, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

The Government of the Kingdom of the Netherlands furthermore considers that the reservation made by Saudi Arabia regarding article 9, paragraph 2, of the Convention is incompatible with the object and purpose of the Convention. The Government of the Kingdom of the Netherlands recalls that according to paragraph 2 of Article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party should be respected, as to object and purpose, by all parties. The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of Saudi Arabia to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Saudi Arabia."

With regard to the reservations made by the Democratic People's Republic of Korea upon accession:

"The Government of the Kingdom of the Netherlands has examined the reservations made by the Government of the Democratic People's Republic of Korea regarding article 2, paragraph (f), and article 9, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women made at the time of its accession to the said Convention.

The Government of the Kingdom of the Netherlands considers that the reservations made by the Democratic People's Republic of Korea regarding article 2, paragraph (f), and article 9, paragraph 2, of the Convention are reservations incompatible with the object and purpose of the Convention. The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of Article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party are respected, as to their object and purpose, by all parties and that States are prepared to take all appropriate measures, including legislation to comply with their obligations.

The Kingdom of the Netherlands therefore objects to the afore-said reservations made by the Government of the Democratic People's Republic of Korea to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Democratic People's Republic of Korea."

*****

8 February 2002

With regard to the reservation made by Mauritania upon accession:

"The Government of the Kingdom of the Netherlands has examined the reservation made by the Government of Mauritania at the time of its accession to the Convention on the Elimination of All Forms of Discrimination against Women and considers that the reservation concerning the Islamic Sharia and the national law of Mauritania, which seeks to limit the responsibilities of the reserving State under the Convention by invoking the Sharia and national law, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of Article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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. The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of Mauritania to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Mauritania."

*****

22 November 2002

With regard to the reservations made by Bahrain upon accession:

The Government of the Kingdom of the Netherlands has examined the reservations made by the Government of Bahrain at the time of its accession to the Convention on the Elimination of All Forms of Discrimination against Women.

The Government of the Kingdom of the Netherlands considers that the reservations with respect to article 9, paragraph 2, and article 15, paragraph 4, of the Convention are reservations incompatible with the object and purpose of the Convention.

Furthermore, the Government of the Kingdom of the Netherlands considers that the reservations with respect to articles 2 and 16 of the Convention, concerning the Islamic Shariah of Bahrain, reservations which seek to limit the responsibilities of the reserving State under the Convention by invoking the Islamic Shariah, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of Article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of Bahrain to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Bahrain.

*****

27 May 2003

With regard to the reservations made by the Syrian Arab Republic upon accession:

"The Government of the Kingdom of the Netherlands has examined the reservations made by the Government of the Syrian Arab Republic at the time of its accession to the Convention on the Elimination of All Forms of Discrimination against Women.

The Government of the Kingdom of the Netherlands considers that the reservations with respect to article 2, article 9, paragraph 2, article 15, paragraph 4, and article 16, paragraph 1 (c), (d), (f) and (g), of the Convention are reservations incompatible with the object and purpose of the Convention.

Furthermore, the Government of the Kingdom of the Netherlands considers that the reservation with respect to article 16, paragraph 2, of the Convention, concerning the Islamic Shariah of the Syrian Arab Republic, a reservation which seeks to limit the responsibilities of the reserving State under the Convention by invoking the Islamic Shariah, may raise doubts as to the commitment of this State to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law. The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of the Syrian Arab Republic to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Syrian Arab Republic."

*****

31 May 2005

With regard to the reservations made by the United Arab Emirates upon accession:

"The Government of the Netherlands has examined the reservation made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

The application of the Articles 2 (f), 15 (2) and 16 of the Convention on the Elimination of All Forms of Discrimination against Women has been made subject to religious considerations. This makes it unclear to what extent the United Arab Emirates considers itself bound by the obligations of the treaty and therefore raises concerns as to the commitment of the United Arab Emirates to the object and purpose of the Covenant.

It is of the common interest of States that all parties respect treaties to which they have chosen to become parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties. According to customary international law, as codified in the Vienna Convention on the Law of Treaties, a reservation which is incompatible with the object and purpose of a treaty shall not be permitted (Art. 19 c).

The Government of the Netherlands therefore objects to the reservation made by the United Arab Emirates to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Covenant between the United Arab Emirates and the Kingdom of the Netherlands, without the United Arab Emirates benefiting from its reservation."

*****

19 July 2006

With regard to the reservations made by Oman upon accession:

"The Government of the Netherlands has examined the reservation made by Oman to the Convention on the Elimination of All Forms of Discrimination against Women. The Government of the Kingdom of the Netherlands considers that the reservations with respect to article 9, paragraph 2; article 15, paragraph 4; and article 16, of the Convention are reservations incompatible with the object and purpose of the Convention.

Furthermore, the Government of the Kingdom of the Netherlands considers that with the first part of the reservation the application of the Convention on the Elimination of All Forms of Discrimination against Women is made subject to the provisions of the Islamic sharia and legislation in force in the Sultanate of Oman. This makes it unclear to what extent Oman considers itself bound by the obligations of the treaty and therefore raises concerns as to the commitment of Oman to the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of Oman to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Oman."

*****

11 April 2007

With regard to the reservations made by Brunei Darussalam upon accession:

"The Government of the Kingdom of the Netherlands has examined the reservations made by Brunei Darussalam to the Convention on the Elimination of All Forms of Discrimination against Women. The Government of the Kingdom of the Netherlands considers that the reservation with respect to article 9, paragraph 2, of the Convention is a reservation incompatible with the object and purpose of the Convention.

Furthermore, the Government of the Kingdom of the Netherlands considers that with the first reservation the application of the Convention on the Elimination of All Forms of Discrimination against Women is made subject to the beliefs and principles of Islam and the provisions of constitutional law in force in Brunei Darussalam. This makes it unclear to what extent Brunei Darussalam considers itself bound by the obligations of the Convention and therefore raises concerns as to the commitment of Brunei Darussalam to the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands recalls that, according to paragraph 2 of article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of Brunei Darussalam to the Convention on the Elimination of All Forms of Discrimination against Women.

This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Brunei."

*****

5 May 2010

With regard to the reservations made by Qatar upon accession:

"It is the understanding of the Government of the Kingdom of the Netherlands that the declarations of the State of Qatar concerning articles 1 and 5 (a) of the Convention do no exclude or modify the legal effect of the provisions of the Convention in their application to the State of Qatar and that these declarations do not affect the principle of equality of men and women which is fundamental to the Convention.

The Government of the Kingdom of the Netherlands considers that with its reservations to articles 9 (2), 15 (1), 15 (4), 16 (1) (a) and (c) and 16 (1) (f) the State of Qatar has made the application of essential obligations under the Convention concerning central themes such as nationality, equality with men before the law, free movement and residence and marriage and family life subject to Islamic law and/or domestic law or practice in force in the State of Qatar. This makes it unclear to what extent the State of Qatar considers itself bound by the obligations of the treaty and raises concerns as to the commitment of the State of Qatar to the object and purpose of the Convention.

The Government of the Kingdom of the Netherlands considers that reservations of this kind must be regarded as incompatible with the object and purpose of the Convention and would recall that, according to article 28 (2) of the Convention, reservations incompatible with the object and purpose of the Convention shall not be permitted.

The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the State of Qatar to the Convention.

This objection does not constitute an obstacle to the entry into force of the Convention between the Kingdom of the Netherlands and the State of Qatar."

*****

Note

On 6 February 1998, the Government of Malaysia notified the Secretary-General of a partial withdrawal as follows:

"The Government of Malaysia withdraws its reservation in respect of article 2(f), 9(1), 16(b), 16(d), 16(e) and 16(h)."

The same date, the Government of Malaysia notified the Secretary-General that it had decided to modify its reservation made upon accession as follows:

With respect to article 5 (a) of the Convention, the Government of Malaysia declares that the provision is subject to the Syariah law on the division of inherited property.

With respect to article 7 (b) of the Convention, the Government of Malaysia declares that the application of said article 7 (b) shall not affect appointment to certain public offices like the Mufti Syariah Court Judges, and the Imam which is in accordance with the provisions of the Islamic Shariah law.

With respect to article 9, paragraph 2 of the Convention, the Government of Malaysia declares that its reservation will be reviewed if the Government amends the relevant law.

With respect to article 16.1 (a) and paragraph 2, the Government of Malaysia declares that under the Shariah law and the laws of Malaysia the age limit for marriage for women is sixteen and men is eighteen."

In keeping with the depositary practice followed in similar cases, the Secretary-General proposed to receive the modification in question for deposit in the absence of any objection on the part of any of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of 90 days from the date of its notification (21 April 1998), that is to say, on 20 July 1998.

In this regard, on the dates indicated below, the Secretary-General received from the Governments of France and the Netherlands the following communications relating to the said partial withdrawal.

France (20 July 1998:)

France considers that the reservation made by Malaysia, as expressed in the partial withdrawal and modifications made by Malaysia on 6 February 1998, is incompatible with the object and purpose of the Convention. France therefore objects to the [reservation].

This objection shall not otherwise affect the entry into force of the Convention between France and Malaysia.

Consequently, the modification in question is not accepted, the Government of France having objected thereto.

Netherlands (21 July 1998):

"The Government of the Kingdom of the Netherlands has examined the modification of the reservations made by Malaysia to article 5(a) and 16.1. (a) and paragraph 2 of the [Convention].

The Government of the Kingdom of the Netherlands acknowledges that Malaysia has specified these reservations, made at the time of its accession to the Convention. Nevertheless the Government of the Kingdom of the Netherlands wishes to declare that it assumes that Malaysia will ensure implementation of the rights enshrined in the above articles and will strive to bring its relevant national legislation into conformity with the obligations imposed by the Convention. This declaration shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Malaysia."

(Note 36, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

*****

Note

With regard to the reservations made by the Government of Niger upon accession, the Secretary-
General received from the Governments of the following States, communications on the dates indicated hereinafter:

...

Netherlands (6 December 2000):

"The Government of the Kingdom of the Netherlands is of the view that these reservations which seek to limit the obligations of the reserving State by invoking its national law, may raise doubts as to the commitment of Niger to the object and purpose of the Convention and, moreover, contribute to undermining the basis of international treaty law.

The Government of the Kingdom of the Netherlands recalls that according to paragraph 2 of Article 28 of the Convention, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

It is in the common interest of States that treaties to which they have chosen to become party 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.

The Kingdom of the Netherlands therefore objects to the afore-said reservations made by the Government of Niger to the Convention on the Elimination of All Forms of Discrimination against Women. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Niger."

(Note 49, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)

TERRITORIAL APPLICATION

Note

For the Kingdom in Europe, the Netherlands Antilles and Aruba.

(Note 43, Chapter IV.8, Multilateral Treaties Deposited with the Secretary-General)