Civil and Political Rights
119
"The Government of the United Kingdom reserve right not so apply sub-paragraph (b) of article 25 in so far as it may require the establishment of an elected Executive or Legislative Council in Hong Kong and sub-paragraph (c) of article 25 in so far as it relates to jury service in the Isle of Man.
"Lastly the Government of the United Kingdom declare that the provisions of the Covenant shall not apply to Southern Rhodesia unless and until they inform the Secretary-General of the United Nations that they are in a position to ensure that the obligations imposed by the Covenant in respect of that territory can be fully implemented."
Notification under article 4(3) of the Covenant
"The Government of the United Kingdom notify other States Parties to the present Covenant, in ac- cordance with article 4, of their intention to take and continue measures derogating from their obligations under the Covenant.
"There have been in the United Kingdom in recent years campaigns of organised terrorism related to North- ern Irish affairs which have manifested themselves in activities which have included murder, attempted mur- der, maiming, intimidation and violent civil disturbances and in bombing and fire-raising which have resulted in death, injury and widespread destruction of property. This situation constitutes a public emergency within the meaning of article 4(1) of the Covenant. The emergency commenced prior to the ratification by the United King- dom of the Covenant and legislation has, from time to time, been promulgated with regard to it.
"The Government of the United Kingdom have found it necessary (and in some cases continue to find it neces- sary) to take powers, to the extent strictly required by the exigencies of the situation, for the protection of life, for the protection of property and the prevention of out- breaks of public disorder, and including the exercise of powers of arrest and detention and exclusion. In so far as any of these measures is inconsistent with the provisions of Articles 9, 10(2), 10(3), 12(1), 14, 17, 19(2), 21 or 22 of the Covenant, the United Kingdom hereby derogates from its obligations under those provi- sions."
URUGUAY
28 June 1979
I have the honour to request that the requirement laid down in article 4 (3) of the International Covenant on Civil and Political Rights should be deemed to have been formally fulfilled with regard to the existence and maintenance in Uruguay of a public emergency as refer- red to in article 4 (1).
This emergency situation, the nature and consequences of which match the description given in article 4, namely that they threaten the life of the nation, is a matter of universal knowledge, and the present communication might thus appear superfluous in so far as the provision of substantive information is concerned.
This issue has been the subject of countless official statements at both the regional and the international level.
None the less, my Government wishes both to comply formally with the above-mentioned requirement and to reiterate that the emergency measures which it has taken, and which comply strictly with the requirements of ar- ticle 4 (2), are designed precisely to achieve genuine, effective and lasting protection of human rights, the observance and promotion of which are the essence of our existence as an independent and sovereign nation.
Notwithstanding what has been stated above, the in- formation referred to in article 4 (3) concerning the nature and duration of the emergency measures will be provided in more detailed form when the report referred to in article 40 of the Covenant is submitted, so that the scope and evolution of these measures can be fully
understood.
Upon ratification:
VENEZUELA
Article 60, paragraph 5, of the Constitution of the Republic of Venezuela establishes that: "No person shall be convicted in a criminal trial unless he has first been personally notified of the charges and heard in the manner prescribed by law. Persons accused of an offence against the res publica may be tried in absentia, with the guarantees and in the manner prescribed by law". Venezuela is making this reservation because article 14, paragraph 3 (d), of the Covenant makes no provision for persons accused of an offence against the res publica to be tried in absentia.
Declarations recognizing the competence of the Human Rights Committee under article 41
AUSTRIA
10 September 1978
On behalf of the Republic of Austria, I declare under article 41 of the Covenant on Civil and Political Rights that Austria recognizes the competence of the Human Rights Committee to receive and consider communica- tions to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Covenant on Civil and Political Rights.
CANADA
29 October 1979
"The Government of Canada declares, under article 41 of the International Covenant on Civil and Political Rights, that it recognizes the competence of the Human Rights Committee referred to in article 28 of the said Covenant to receive and consider communications sub- mitted by another State Party, provided that such State Party has, not less than twelve months prior to the
No comments yet.
Private notes are available after approval.