World Intellectual Property Organization

Convention for the Safeguarding of the Intangible Cultural Heritage

Argentina

Reservation:
"The Argentine Republic considers that Article 33, paragraph 2 and the correlative Article 2, paragraph 5 of the Convention are not applicable in respect of the territories that are the subject of a sovereignty dispute between two States Parties to the Convention that is recognized by the General Assembly of the United Nations." [original: Spanish]

Declaration:
"The Argentine Republic, in accordance with Article 26, paragraph 2 of the Convention, shall not be bound by the provisions of paragraph 1 of this Article." [original: Spanish]

Colombia

Statement:
"Amendments to Article 5 and other amendments that have entered into force at such time as Colombia becomes a Party to the Convention, as referred to in Article 38, paragraphs 5 and 6, will only enter into force for Colombia once the internal procedure has been completed for the approval and revision of these amendments prior to ratification as provided for under Article 150, paragraph 16, and Article 241, paragraph 10, of the Political Constitution of Colombia." [original: Spanish]

Germany

Declaration made upon acceptance:
"The Federal Republic of Germany declares, in accordance with Article 26, paragraph 2, of the Convention, that it shall not be bound by the provisions of paragraph 1 of that Article"

Indonesia

Declaration:
"The Government of the Republic of Indonesia, by virtue of Article 26 paragraph (2) of this present Convention, declares that it shall not be bound by the provision of Article 26 paragraph (1)." [original: English]

Malaysia

Declaration made upon ratification:
"The Government of Malaysia declares that the application and implementation of the provision of this Convention 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." [Original: English]

Netherlands

On 22 July 2014, the Director-General received a communication dated 17 July 2014 from the Permanent Delegation of the Netherlands to UNESCO concerning the declaration by the Government of Malaysia. The text of the communication in question is the following:
"The Government of the Kingdom of the Netherlands has carefully 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 the Kingdom of the Netherlands considers that the declaration made by Malaysia in substance constitutes a reservation limiting the scope of the Convention.
The Government of the Kingdom of the Netherlands 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 national legislation in force in Malaysia.
The Government of the Kingdom of the Netherlands considers that such a reservation must be regarded as incompatible with the object and purpose of the Convention and would recall that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Covenant [sic] shall not be permitted.
The Government of the Kingdom of the Netherlands therefore objects to the 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 the Kingdom of the Netherlands and Malaysia." [original: English]

Romania

On 17 November 2014, the Director-General received a communication dated 17 November 2014 from the Permanent Delegation of Romania to UNESCO concerning the above-mentioned declaration by the Government of Malaysia. The text of the communication in question is the following:
"Malaysia has formulated a declaration stating that it will apply and implement the provisions of the Convention for the safeguarding of the intangible cultural heritage (2003) in accordance with its domestic laws, as well as the administrative and policy measures of its government, and the Government of Romania has carefully examined the content of this declaration.
The Government of Romania appreciates this statement as problematic. The declaration made by the Government of Malaysia constitutes a reservation as it seems to modify its obligations under the Convention. A reservation which consists of a general reference to national law without specifying its content does not clearly define for the other parties to the Convention the extend to which the reserving state commits itself to the Convention and therefore may raise doubts as to the commitment of the reserving state to fulfill its obligations under the Convention. Therefore, such a declaration is incompatible with the object and purpose of the convention, which consist in the obligation to safeguard the cultural heritage of state parties.
Such a reservation is also, in the view of the Government of Romania, subject to general principles of treaty interpretation and to Article 27 of the Vienna Convention of the Law of Treaties, according to which a party may not invoke the provisions of its domestic law as justification for failure to perform its treaty obligations.
The objection shall not otherwise affect the entry into force of the Convention between Romania and Malaysia. The Convention is applicable between these two parties without the benefit of the reservation." [Original: English]

Saudi Arabia

Declaration:
"I announce under this document on the accession of Saudi Arabia and the acceptance of the International Convention of the Safeguarding of the Intangible Cultural Heritage and its commitment to implement its items without any association of the provisions of paragraph (1) of Article (26) of this convention." [original: Arabic, with official translation in English provided by Saudi Arabia]

Seychelles

Reservation:
"The Republic of Seychelles, by virtue of this present Instrument, ratifies the United Nations Educational, Scientific and Cultural Organisation Convention for the Safeguarding of the Intangible Cultural Heritage reserving the right not to be bound by Article 26 paragraph 1."

Sweden

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]

Syrian Arab Republic

Declaration:
"The fact that the Syrian Arab Republic is joining the Convention does not, in any way, mean recognizing Israel, and does not lead to entering with it any kind of dealings under the provisions of this Convention." [original: Arabic, with official translation in English provided by the Syrian Arab Republic]

 

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