Verdrag inzake de bescherming van het immaterieel cultureel erfgoed
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Argentinië | Ja | Nee |
Colombia | Ja | Nee |
Duitsland | Ja | Nee |
Indonesië | Ja | Nee |
Maleisië | Ja | Ja |
Nederlanden, het Koninkrijk der | Ja | Nee |
Samoa | Ja | Nee |
Saudi-Arabië | Ja | Nee |
Seychellen | Ja | Nee |
Syrië | Ja | Nee |
Argentinië
09-08-2006
Declaration:
The Argentine Republic, in accordance with Article 26, paragraph 2 of the Convention,
shall not be bound by the provisions of paragraph 1 of this Article.
Reservation:
The Argentine Republic considers that Article 33, paragraph 2 and the correlative
Article 2, paragraph 5 of the Convention are not applicable in respect of the territories
that are the subject of a sovereignty dispute between two States Parties to the Convention
that is recognized by the General Assembly of the United Nations.
Colombia
19-03-2008
Amendments to Article 5 and other amendments that have entered into force at such time as Colombia becomes a Party to the Convention, as referred to in article 38, paragraphs 5 and 6, will only enter into force for Colombia once the internal procedure has been completed for the approval and revision of these amendments prior to ratification as provided for under Article 150, paragraph 16, and Article 241, paragraph 10, of the Political Constitution of Colombia.
Duitsland
23-08-1976
The Federal Republic of Germany declares, in accordance with Article 26, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 1 of that Article.
Indonesië
15-10-2007
The Government of the Republic of Indonesia, by virtue of Article 26 paragraph (2) of this present Convention, declares that it shall not be bound by the provision of Article 26 paragraph (1).
Maleisië
23-07-2013
The Government of Malaysia declares that the application and implementation of the
provision of this Convention shall be subject to, and in accordance with, the applicable
domestic laws of Malaysia and the applicable administrative and policy measures of
the government of Malaysia.
Bezwaar Zweden, 01-07-2014
[..] The Government of Sweden has examined the declaration made by the Government
of Malaysia upon ratification of the Convention for the Safeguarding of the Intangible
Cultural Heritage.
The Government of Sweden recalls that the designation assigned to a statement whereby
the legal effect of certain provisions of a treaty is excluded or modified does not
determine its status as a reservation to the treaty. The Government of Sweden considers
that the declaration made by Malaysia in substance constitutes a reservation limiting
the scope of the Convention.
The Government of Sweden notes that the reservation, according to which 'the application
and implementation of this Conventions [sic] shall be subject to, and in accordance
with, the applicable domestic laws of Malaysia and the applicable administrative and
policy measures of the government of Malaysia', implies that the application of the
Convention is made subject to a general reservation referring to existing legislation
in Malaysia. The Government of Sweden is of the view that such a reservation, which
does not clearly specify the extent of its scope, raises serious doubt as to the commitment
of Malaysia to the object and purpose of the Convention.
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 a treaty
shall not be permitted. 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.
The Government of Sweden therefore objects to the aforesaid reservation made by Malaysia
to the Convention for the Safeguarding of the Intangible Cultural Heritage. This objection
shall not preclude the entry into force of the Convention between Malaysia and Sweden.
The Convention enters into force between Malaysia and Sweden, without Malaysia benefiting
from its reservation. [...]
Bezwaar Nederlanden, het Koninkrijk der, 22-07-2014
The Government of the Kingdom of the Netherlands has carefully examined the declaration
made by the Government of Malaysia upon ratification of the Convention for the Safeguarding
of the Intangible Cultural Heritage.
The Government of the Kingdom of the Netherlands considers that the declaration made
by Malaysia in substance constitutes a reservation limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands notes that the reservation, according
to which 'the application and implementation of this Conventions shall be subject
to, and in accordance with, the applicable domestic laws of Malaysia and the applicable
administrative and policy measures of the government of Malaysia', implies that the
application of the Convention is made subject to a general reservation referring to
national legislation in force in Malaysia.
The Government of the Kingdom of the Netherlands considers that such a reservation
must be regarded as incompatible with the object and purpose of the Convention and
would recall that, according to Article 19 (c) of the Vienna Convention on the Law
of Treaties, a reservation incompatible with the object and purpose of the Covenant
shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the reservation
made by Malaysia to the Convention for the Safeguarding of the Intangible Cultural
Heritage.
This objection shall not preclude the entry into force of the Convention between the
Kingdom of the Netherlands and Malaysia.
Bezwaar Roemenië, 17-11-2014
Malaysia has formulated a declaration stating that it will apply and implement the
provisions of the Convention for the safeguarding of the intangible cultural heritage
(2003) in accordance with its domestic laws, as well as the administrative and policy
measures of its government, and the Government of Romania has carefully examined the
content of this declaration.
The Government of Romania appreciates this statement as problematic. The declaration
made by the Government of Malaysia constitutes a reservation as it seems to modify
its obligations under the Convention. A reservation which consists of a general reference
to national law without specifying its content does not clearly define for the other
parties to the Convention the extend to which the reserving state commits itself to
the Convention and therefore may raise doubts as to the commitment of the reserving
state to fulfill its obligations under the Convention. Therefore, such a declaration
is incompatible with the object and purpose of the convention, which consist in the
obligation to safeguard the cultural heritage of state parties.
Such a reservation is also, in the view of the Government of Romania, subject to general
principles of treaty interpretation and to Article 27 of the Vienna Convention of
the Law of Treaties, according to which a party may not invoke the provisions of its
domestic law as justification for failure to perform its treaty obligations.
The objection shall not otherwise affect the entry into force of the Convention between
Romania and Malaysia. The Convention is applicable between these two parties without
the benefit of the reservation.
Nederlanden, het Koninkrijk der
21-05-2014
Declares, in conformity with the provisions of Article 32, paragraph 1, of the Convention for the safeguarding of the intangible cultural heritage, done at Paris on 17 October 2003, that the Kingdom of the Netherlands accepts the said Convention for Sint Maarten, and that the provisions so accepted shall be observed in their entirety.
Samoa
13-11-2013
To ensure the orderly access to or use of Samoa's intangible cultural heritage material,
the approval of the Government of Samoa must first be obtained. Requests for approval
are to be addressed to:
The Chief Executive Officer
Ministry of Education, Sports and Culture
Government of Samoa.
Saudi-Arabië
10-01-2008
I announce under this document on the accession of Saudi Arabia and the acceptance of the International Convention of the Safeguarding of the Intangible Cultural Heritage and its commitment to implement its items without any association of the provisions of paragraph (1) of Article (26) of this convention.
Seychellen
15-02-2005
The Republic of Seychelles, by virtue of this present Instrument, ratifies the United Nations Educational, Scientific and Cultural Organisation Convention for the Safeguarding of the Intangible Cultural Heritage reserving the right not to be bound by Article 26 paragraph 1.
Syrië
11-03-2005
The fact that the Syrian Arab Republic is joining the Convention does not, in any way, mean recognizing Israel, and does not lead to entering with it any kind of dealings under the provisions of this Convention.