Aviso n.º 176/2008, de 20 de Agosto de 2008

Aviso n. 176/2008

Por ordem superior se torna público ter o Governo do Reino de Espanha efectuado, junto do Secretário -Geral das Naçóes Unidas, em 2 de Dezembro de 2005, uma objecçáo às reservas formuladas pelo Sultanato de Oman aquando da adesáo ao Protocolo Facultativo à Convençáo sobre os Direitos da Criança Relativo à Participaçáo de Crianças em Conflitos Armados.

Notificaçáo

The Secretary -General of the United Nations, acting in his capacity as depositary, communicates the following:

The above action was effected on 2 December 2005. The Government of the Kingdom of Spain has examined the reservations made by the Sultanate of Oman on

17 September 2004 upon its accession to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict of

25 May 2004.

The Government of the Kingdom of Spain notes

that the Optional Protocol is subject to the reservations made by the Sultanate of Oman to the Convention on the Rights of the Child. The reservations to the Convention include a general reservation to all those provisions of the Convention that do not accord with Islamic Law or the legislation in force in the Oman and a reservation to the effect that the provisions of the Convention should be applied within the limits imposed by the material resources available.

The Government of the Kingdom of Spain considers that the above mentioned reservations which subordinate all the provisions of the Optional Protocol to Islamic Law or the legislation in force in Oman, to which a reference of general nature is made, without either specifying its content or the limits imposed by the material resources available, do not permit to clearly determine the extent to which Oman has accepted the obligations derived from the Optional Protocol, and thereby such reservations raise doubts as to the Sultanate of Oman's commitment to the object and purpose of the Optional Protocol.

The Government of the Kingdom of Spain considers that the reservations made by the Sultanate of Oman to the Optional Protocol to the Convention on the Rights of the Child on the involvement of Children in Armed Conflict are incompatible with the object and the purpose of the Optional Protocol.

The Government of the Kingdom of Spain recalls that in accordance with customary international law as codified in the Vienna Convention on the Law of Treaties, reservations which are incompatible with the object and the purpose of a treaty are not...

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