Aviso n.º 115/2008, de 16 de Julho de 2008
Aviso n. 115/2008
Por ordem superior se torna público ter o Governo da Suécia efectuado, junto do Secretário -Geral das Naçóes Unidas, em 5 de Outubro de 2005, uma objecçáo à declaraçáo formulada pelo Governo da Mauritânia no momento da adesáo ao Pacto Internacional sobre os Direitos Civis e Políticos, adoptado em Nova Iorque em 16 de Dezembro de 1966, adiante denominado o Pacto.
Notificaçáo
The Government of Sweden has examined the declarations made by the Government of Mauritania upon accession to the International Covenant on Civil and Political Rights, regarding article 18 and paragraph 4 of article 23. The Government of Sweden would like to recall 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 this declaration made by the Government of Mauritania in substance constitutes a reservation.
The reservations make general references to the Islamic Sharia. The Government of Sweden is of the view that the reservations which do not clearly specify the extent of Mauritania's derogation from the provisions in question raises serious doubts as to the commitment of Mauritania to the object and purpose of the Covenant. In addition, article 18 of the Covenant is among the provisions from which no derogation is allowed, according to article 4 of the Covenant. The Government of Sweden wishes to recall that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, a reservation that is incompatible with the object and purpose of a treaty shall not be permitted. It is in the common interest of States that all parties respect treaties to which they have chosen to become parties as to their object and purpose, 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 reservations made by the Government of Mauritania to the International Covenant on Civil and Political Rights and considers the reservation null and void. This objection does not preclude the entry into force of the Covenant between Mauritania and Sweden. The Covenant enters into force in its entirety between the two States, without Mauritania benefiting from its reservation.
Traduçáo
O Governo da Suécia examinou as declaraçóes relativas ao...
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