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IP Treaties Collection

Contracting Parties Latvia

Dates Signature: July 18, 2008 Ratification: March 1, 2010 Entry into force: March 31, 2010

Declarations, Reservations

Objection with regard to the reservation made by Libya upon ratification: (5 February 2019)
"The Government of the Republic of Latvia has carefully examined the declaration made by Libya upon ratification of the Convention on the Rights of Persons with Disabilities.
In the view of the Government of the Republic of Latvia, declaration made by Libya according to which Article 25 (a) of the Convention will be interpreted in a manner that does not contravene the Islamic sharia and national legislation, amounts to a reservation.
Moreover, a reservation which subordinates any provision of the Convention in general to the Islamic sharia and national legislation constitutes a reservation of general scope, which is likely to cast doubt on the full commitment of Libya to the object and purpose of the Convention.
The reservation made by Libya seeks to limit the scope of the Convention on a unilateral basis thus the reservation is incompatible with the object and the purpose of the Convention and therefore inadmissible under Article 19(c) of the Vienna Convention on the Law of Treaties. Therefore, the Government of the Republic of Latvia objects to this reservation.
However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and Libya. The Convention will thus become operative between the two States without Libya benefitting from its declaration."

On 28 April 2017, the Secretary-General received the following communication from the Government of Latvia with regard to the reservation made by Brunei Darussalam upon ratification:
"The Government of the Republic of Latvia has carefully examined the reservation made by the Sultanate of Brunei Darussalam upon ratification of the Convention on the Rights of Persons with Disabilities.
The Republic of Latvia considers that this reservation consists of a general reference to a system of law without specifying its contents and therefore does not clearly define the extent to which the reserving State has accepted the obligations of the Convention.
Therefore, the Government of the Republic of Latvia considers that the reservation made by the Sultanate of Brunei Darussalam seeks to limit the responsibilities of the reserving State under the Convention and is likely to deprive the provisions of the Convention of their effect and, hence, must be regarded as incompatible with the object and purpose of the Convention. Furthermore, under Article 46, paragraph 1 of the Convention on the Rights of Persons with Disabilities, reservations incompatible with the object and purpose of the Convention are not permitted.
Consequently, the Government of the Republic of Latvia objects to the reservation made by the Sultanate of Brunei Darussalam concerning the Convention on the Rights of Persons with Disabilities. This objection shall not preclude the entry into force of the Convention, in its entirety, between the Republic of Latvia and the Sultanate of Brunei Darussalam."

Objection with regard to the declaration made by the Islamic Republic of Iran upon accession: (22 October 2010)
"The Government of the Republic of Latvia has carefully examined the declaration made by the Islamic Republic of Iran to the Convention.
The Government of the Republic of Latvia considers that the declaration contains general reference to national law, making any provision of the Convention subject to the national law of the Islamic Republic of Iran.
Therefore, the Government of the Republic of Latvia is of the opinion that the declaration is in fact a unilateral act deemed to limit the scope of application of the Convention and therefore, it shall be regarded as a reservation.
Moreover, the Government of the Republic of Latvia considers that the reservation named as a declaration does not make it clear to what extent the Islamic Republic of Iran considers itself bound by the provisions of the Convention and whether the manner of application of the rights prescribed by the Convention are in line with the object and purpose of the Convention.
Therefore, the Government of the Republic of Latvia recalls that the provisions of Article 46 of the Convention set out that the reservations that are incompatible with object and purpose of the Convention are not permitted.
Consequently, the Government of the Republic of Latvia therefore objects to the aforesaid reservations made by the Islamic Republic of Iran to the Convention.
However, this objection shall not preclude the entry into force of the Convention between the Republic of Latvia and the Islamic Republic of Iran. Thus, the International Covenant will become operative without the Islamic Republic of Iran benefiting from its reservation."

 


Act(s) Article(s) Signature Instrument Entry into Force