On 1 July 2014, the Director-General received a communication dated 1 July 2014 from the Permanent Delegation of Sweden to UNESCO concerning the above-mentioned declaration by the Government of Malaysia. The text of the communication in question is the following:
"[…] 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. […]" [original: English]
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