Objection with regard to the reservation and statement made by Qatar upon accession: (May 20, 2019)
"The Government of the Portuguese Republic has examined the contents of the reservation to Article 3 and of the statement regarding Article 8 of the International Covenant on Economic, Social and Cultural Rights made by the State of Qatar.
The Government of the Portuguese Republic considers that the reservation to Article 3 of the International Covenant on Economic, Social and Cultural Rights is contrary to the object and purpose of the International Covenant on Economic, Social and Cultural Rights.
Furthermore, it considers that the statement regarding Article 8 of the Covenant is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis.
The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under [the] International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles [raise] doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that, 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 the Covenant shall not be permitted.
Thus, the Government of the Portuguese Republic objects to these reservations.
This objection shall not preclude the entry into force of the Covenant between the Portuguese Republic and the State of Qatar."
Objection with regard to the declaration made by Myanmar upon ratification (September 7, 2018):
"The Government of the Portuguese Republic has examined the declaration made by the Government of the Republic of the Union of Myanmar to Article I of the International Covenant on Economic, Social and Cultural Rights and considers that it is in fact a reservation that seeks to limit the scope of the Covenant on a unilateral basis.
The Government of the Portuguese Republic considers that reservations by which a State limits its responsibilities under the International Covenant on Economic, Social and Cultural Rights by invoking the domestic law or/and religious beliefs and principles raise doubts as to the commitment of the reserving State to the object and purpose of the Convention, as such reservations are likely to deprive the provisions of the Convention of their effect and are contrary to the object and purpose thereof.
The Government of the Portuguese Republic recalls that, 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 the Covenant shall not be permitted.
Furthermore, the Government of the Portuguese Republic does not share the interpretation of "the right of self-determination" expressed by the Government of the Republic of the Union of Myanmar which limits the content of this right and is not in line with the definition enshrined in International Law.
Thus the Government of the Portuguese Republic objects to this reservation.
This objection shall not preclude the entry into force of the Covenant between the Portuguese Republic and the Republic of the Union of Myanmar."
Objection with regard to the declarations and the reservation made by Turkey upon ratification (October 13, 2004):
"The Government of Portugal considers that reservations by which a State limits its responsibility under the International Covenant on Economic, Social and Cultural Rights (ICESCR) by invoking certain provisions of national law in general terms may create doubts as to the commitment of the reserving State to the object and purpose of the convention and, moreover, contribute to undermining the basis of international law. It is in the common interest of all 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 Portugal therefore objects to the reservation by Turkey to the ICESCR. This objection shall not constitute an obstacle to the entry into force of the Covenant between Portugal and Turkey."
Objection made on October 26, 1990:
"The Government of Portugal hereby presents its formal objection to the interpretative declarations made by the Government of Algeria upon ratification of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights. The Government of Portugal having examined the contents of the said declarations reached the conclusion that they can be regarded as reservations and therefore should be considered invalid as well as incompatible with the purposes and object of the Covenants.
This objection shall not preclude the entry into force of the Covenants between Portugal and Algeria."
In its notification of territorial application to Macau, the Government of Portugal stated the following:
"... The Covenants are confirmed and proclaimed binding and valid, and they shall have effect and be implemented and observed without exception, bearing in mind that:
Article 1. The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, ratified, respectively, by Act No. 29/78 of 12 June, and by Act No. 45/78 of 11 July, shall be applicable in the territory of Macau.
Article 2 . 1. The applicability in Macau of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and in particular of article 1 in both Covenants, shall in no way effect the status of Macau as defined in the Constitution of the Portuguese Republic and in the Organic Statute of Macau.
2. The applicability of the Covenants in Macau shall in no way affect the provisions of the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau, signed on 13 April 1987, especially with respect to the provision specifying that Macau forms part of Chinese territory and that the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999, and that Portugal will be responsible for the administration until 19 December 1999.
Article 3. Article 25 (b) of the International Covenant on Civil and Political Rights shall not apply to Macau with respect to the composition of elected bodies and the method of choosing and electing their officials as defined in the Constitution of the Portuguese Republic, the Organic Statute of Macau and provisions of the Joint Declaration on the Question of Macau.
Article 4. Article 12 (4) and article 13 of the International Covenant on Civil and Political Rights shall not apply to Macau with respect to the entry and exit of individuals and the expulsion of foreigners from the territory. These matters shall continue to be regulated by the Organic Statute of Macau and other applicable legislation, and also by the Joint Declaration on the Question of Macau.
Article 5. 1. The provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights that are applicable to Macau shall be implemented in Macau, in particular through specific legal documents issued by the organs of government of the territory.
Subsequently, on October 21, and December 3, 1999, the Secretary-General received communications concerning the status of Macao from Portugal and China. Upon resuming the exercise of sovereignty over Macao, China notified the Secretary-General that the Covenant with reservation made by China will also apply to the Macao Special Administrative Region as well as with the following declaration:
"1. The application of the Covenant, and its article 1 in particular, to the Macao Special Administrative Region shall not affect the status of Macao as defined in the Joint Declaration and in the Basic Law.
2.The provisions of the Covenant which are applicable to the Macao Special Administrative Region shall be implemented in Macao through legislation of the Macao Special Administrative Region.
The residents of Macao shall not be restricted in the rights and freedoms that they are entitled to, unless otherwise provided for by law. In case of restrictions, they shall not contravene the provisions of the Covenant that are applicable to the Macao Special Administrative Region.
Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rightsizes that place on a Party to the Covenant."
Territorial application to Macau notified on April 27, 1993.
| قانون ، قوانين | المواد | توقيع | صكّ | دخول حيز النفاذ |
|---|