List of declarations made with respect to treaty No. 046

Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto

Status as of: 23/7/2014

 

    Austria :


Reservation made at the time of signature, on 16 September 1963, and renewed at the time of deposit of the instrument of ratification, on 18 September 1969 - Or. Fr.

Protocol No. 4 is signed with the reservation that Article 3 shall not apply to the provisions of the Law of 3 April 1919, StGBl. No. 209 concerning the banishment of the House of Habsbourg-Lorraine and the confiscation of their property, as set out in the Act of 30 October 1919, StGBl. No. 501, in the Constitutional Law of 30 July 1925, BGBl. No. 292, in the Federal Constitutional Law of 26 January 1928, BGBl. No. 30, and taking account of the Federal Constitutional Law of 4 July 1963, BGBl. No. 172.
Period covered: 18/9/1969 -      
The preceding statement concerns Article(s) : 3

 

    Azerbaijan :


Declaration contained in the instrument of ratification deposited on 15 April 2002 - Or. Engl.

The Republic of Azerbaijan declares that it is unable to guarantee the application of the provisions of the Protocol in the territories occupied by the Republic of Armenia until these territories are liberated from that occupation (the schematic map of the occupied territories of the Republic of Azerbaijan is enclosed).
Period covered: 15/4/2002 -      
The preceding statement concerns Article(s) : -

 

    Cyprus :


Declaration made at the time of signature, on 6 October 1988, and confirmed at the time of deposit of the instrument of ratification, on 3 October 1989 - Or. Engl.

The Government of the Republic of Cyprus adopts the position that, according to a proper interpretation of the provisions of Article 4 of the Protocol, they are not applicable to aliens unlawfully in the Republic of Cyprus as a result of the situation created by the continuing invasion and military occupation of part of the territory of the Republic of Cyprus by Turkey.
Period covered: 3/10/1989 -      
The preceding statement concerns Article(s) : 4

 

    France :


Declaration contained in the instrument of ratification, deposited on 3 May 1974 - Or. Fr.

The Protocol shall apply to the whole territory of the Republic, having due regard, where the overseas territories are concerned, to local requirements, as mentioned in Article 63 [Article 56 since the entry into force of the Protocol No. 11] of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Period covered: 3/5/1974 -      
The preceding statement concerns Article(s) : 5

 

    Germany :


Declaration made at the time of deposit of the instrument of ratification, on 1 June 1968 - Or. Fr.

This Protocol applies also to the Land Berlin with effect from the date on which it entered into force in respect of the Federal Republic of Germany.
Period covered: 1/6/1968 -      
The preceding statement concerns Article(s) : 5

 

    Ireland :


Declaration made at the time of signature, on 16 September 1963 - Or. Engl.

The reference to extradition contained in paragraph 21 of the Report of the Committee of Experts on this Protocol and concerning paragraph 1 of Article 3 of the Protocol includes also laws providing for the execution in the territory of one Contracting party of warrants of arrest issued by the authorities of another Contracting Party.
Period covered: 29/10/1968 -      
The preceding statement concerns Article(s) : 3

 

    Monaco :


Reservation contained in the instrument of ratification deposited on 30 November 2005 - Or. Fr.

The Principality of Monaco declares that the provisions of Article 2, paragraph 1, of Protocol No. 4 apply without prejudice to the provisions of Article 22, sub-paragraph 1, of Order No. 3153 of 19 March 1964 concerning the conditions of entry and stay of foreigners in the Principality, and of Article 12 of the Order on General Police of 6 June 1867.

Commentary

Article 22, sub-paragraph 1, of the Order No. 3153 of 19 March 1964 establishes : « The State Minister can, by measure of police or by issuing an expulsion warrant, enjoin any foreigner to leave immediately the Monegasque territory or to forbid him/her to enter it".

Article 12 of the Order on General Police of 6 June 1867 establishes : «Any foreigner disturbing or who may disturb, by his/her presence, public or private safety or peace, will be directed outside the Principality's territory by order of the Governor General [State Minister]. He/she will not be allowed to return without a special authorisation from the Governor General [State Minister]. In case of infringement, he/she will be sanctioned with six days to one month in prison.

Period covered: 30/11/2005 -      
The preceding statement concerns Article(s) : 2

 

    Netherlands :


Declaration contained in the instrument of ratification, deposited on 23 June 1982 - Or. Fr.

We approve herewith, for the Kingdom in Europe and the Netherlands Antilles, the said Protocol.
Period covered: 23/6/1982 -         
The preceding statement concerns Article(s) : 5


Declaration contained in a letter from the Minister of Foreign Affairs, dated 9 June 1982, handed to the Secretary General at the time of deposit of the instrument of ratification, on 23 June 1982 - Or. Fr.

Since, following ratification by the Kingdom of the Netherlands, Protocol No. 4 to the Convention on Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already specified in the Convention and the first Protocol, applies to the Netherlands and to the Netherlands Antilles, the Netherlands and the Netherlands Antilles are regarded as separate territories for the application of Articles 2 and 3 of the Protocol, in accordance with Article 5, paragraph 4. Under Article 3, no one may be expelled from or deprived of the right to enter the territory of the State of which he is a national. There is, however, only one nationality (Netherlands) for the whole of the Kingdom. Accordingly, nationality cannot be used as a criterion in making a distinction between the "citizens" of the Netherlands and those of the Netherlands Antilles, a distinction which is unavoidable since Article 3 applies separately to each of the parts of the Kingdom.

This being so, the Netherlands reserve the right to make a distinction in law, for purpose of the application of Article 3 of the Protocol, between Netherlands nationals residing in the Netherlands and Netherlands nationals residing in the Netherlands Antilles.

[Note by the Secretariat: See also the declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 - Or. Engl.]
Period covered: 23/6/1982 -         
The preceding statement concerns Article(s) : 3


Declaration contained in a letter from the Permanent Representative of the Netherlands, dated 24 December 1985, registered at the Secretariat General on 3 January 1986 - Or. Engl.

The island of Aruba, which is at present still part of the Netherlands Antilles, will obtain internal autonomy as a country within the Kingdom of the Netherlands as of 1 January 1986. Consequently the Kingdom will from then on no longer consist of two countries, namely the Netherlands (the Kingdom in Europe) and the Netherlands Antilles (situated in the Caribbean region), but will consist of three countries, namely the said two countries and the country Aruba.

As the changes being made on 1 January 1986 concern a shift only in the internal constitutional relations within the Kingdom of the Netherlands, and as the Kingdom as such will remain the subject under international law with which treaties are concluded, the said changes will have no consequences in international law regarding to treaties concluded by the Kingdom which already apply to the Netherlands Antilles, including Aruba. These treaties will remain in force for Aruba in its new capacity of country within the Kingdom. Therefore these treaties will as of 1 January 1986, as concerns the Kingdom of the Netherlands, apply to the Netherlands Antilles (without Aruba) and Aruba.

Consequently the treaties referred to in the annex, to which the Kingdom of the Netherlands is a Party and which apply to the Netherlands Antilles, will as of 1 January 1986 as concerns the Kingdom of the Netherlands apply to the Netherlands Antilles and Aruba.
List of Conventions referred to by the Declaration
......
46. Protocol No. 4 ot the Convention for the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms other than those already included in the Convention and in the first Protocol thereto.
Period covered: 1/1/1986 -         
The preceding statement concerns Article(s) : 5


Declaration contained in a Note verbale from the Permanent Representation of the Netherlands, dated 27 September 2010, registered at the Secretariat General on 28 September 2010 – Or. Engl.

In reference to the declaration made by the Kingdom of the Netherlands on ratifying Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms on 23 June 1982, the Kingdom of the Netherlands wishes to make the following declaration :

The Kingdom of the Netherlands, consisting as per 10 October 2010 of the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, regards theses parts as separate territories for the applications of Articles 2 and 3 of the Protocol.
Period covered: 1/10/2010 -      
The preceding statement concerns Article(s) : 3

 

    Spain :


Declaration contained in the instrument of ratification deposited on 16 September 2009 - Or. Spa.

If this Protocol were to be extended by the United Kingdom to Gibraltar, Spain would like to make the following declaration:

1. Gibraltar is a non-autonomous territory whose international relations come under the responsibility of the United Kingdom and which is subject to a decolonisation process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. The authorities of Gibraltar have a local character and exercise exclusively internal competences which have their origin and their foundation in a distribution and attribution of competences performed by the United Kingdom in compliance with its internal legislation, in its capacity as sovereign State on which the mentioned non-autonomous territory depends.

3. As a result, the eventual participation of the Gibraltarian authorities in the application of this Protocol will be understood as carried out exclusively as part of the internal competences of Gibraltar and cannot be considered to modify in any way what was established in the two previous paragraphs.
Period covered: 16/9/2009 -      
The preceding statement concerns Article(s) : 5

Source : Treaty Office on http://conventions.coe.int – * Disclaimer