Статус Факультативного протокола к Конвенции о ликвидации всех форм дискриминации в отношении женщин (Нью-Йорк, 6 октября 1999 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ФАКУЛЬТАТИВНОГО ПРОТОКОЛА
К КОНВЕНЦИИ О ЛИКВИДАЦИИ ВСЕХ ФОРМ
ДИСКРИМИНАЦИИ В ОТНОШЕНИИ ЖЕНЩИН
(НЬЮ-ЙОРК, 6 ОКТЯБРЯ 1999 ГОДА)

End Note

1. With the following:

The Argentine Republic wishes to reiterate the content of its notes of 3 April 1989 and 18 January 2005, by which it rejected the extension of the territorial application of the Convention on the Elimination of All Forms of Discrimination against Women and of the Optional Protocol thereto, respectively, to the Malvinas Islands, notified by the United Kingdom of Great Britain and Northern Ireland.

The Argentine Republic recalls that the Malvinas Islands, South Georgia and the South Sandwich Islands and surrounding maritime areas are an integral part of the territory of the Argentine Republic and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute.

Because of the illegal occupation by the United Kingdom of Great Britain and Northern Ireland, the General Assembly of the United Nations adopted resolutions 2065 (XX), 316[0] (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which a sovereignty dispute regarding the «Question of the Malvinas Islands» is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute.

The United Nations Special Political and Decolonization Committee has repeatedly affirmed this view, most recently in its resolution of 15 June 2006.

2. See note 1 under «Montenegro» in the «Historical Information» section in the front matter of this volume.

3. For the Kingdom in Europe and the Netherlands Antilles and Aruba. See also note 2 under «Netherlands» regarding Netherlands Antilles in the «Historical Information» section in the front matter of this volume.

4. With a declaration to the effect that «consistent with the constitutional status of Tokelau and taking into account its commitment to the development of self-government through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that territory.»

5. With a territorial application to the Falkland Islands (Malvinas) and the Isle of Man.

On 18 January 2005, the Secretary-General received, from the Government of Argentina, the following communication:

The Argentine Republic wishes to reiterate the content of its note of 3 April 1989, by which it rejected the extension of the territorial application of the Convention on the Elimination of All Forms of Discrimination against Women to the Malvinas (Falkland) Islands, South Georgia and the South Sandwich Islands, notified by the Government of the United Kingdom upon its ratification of that instrument on 7 April 1986.

The Argentine Republic similarly rejects the declaration of territorial application made by the United Kingdom of Great Britain and Northern Ireland upon its accession to the 1999 Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, with respect to the Malvinas (Falkland) Islands. The Government of Argentina wishes to reiterate that the Malvinas (Falkland) Islands, South Georgia and the South Sandwich Islands and surrounding maritime areas are an integral part of the territory of the Argentine Republic and are illegally occupied by the United Kingdom of Great Britain and Northern Ireland, being the subject of a sovereignty dispute.

Because of the illegal occupation by the United Kingdom of Great Britain and Northern Ireland, the General Assembly of the United Nations adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12, 39/6, 40/21, 41/40, 42/19 and 43/25, in which a sovereignty dispute regarding the «Question of the Malvinas (Falkland) Islands» is recognized and the Governments of the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland are urged to resume negotiations in order to find as soon as possible a peaceful and lasting solution to the dispute.

The United Nations Special Political and Decolonization Committee has repeatedly affirmed this view, most recently in its resolution of 18 June 2004 (A/59/23).

6. On 22 November 2022, the Government of Colombia notified the Secretary-General of its decision to partially withdraw the following declarations it made upon ratification (refer to depositary notification C.N.81.2007.TREATIES-IV.8.b of 31 January 2007 (Ratification: Colombia)). The text of the declarations being withdrawn reads as follows:

The Government of Colombia, exercising the discretion provided for in article 10 of the Optional Protocol, and subject to the conditions set out therein, declares that it does not recognize the competence of the Committee provided for in articles 8 and 9 of the Protocol.

The Government of Colombia declares that no provision of the Optional Protocol and no recommendation of the Committee may be interpreted as requiring Colombia to decriminalize offences against life or personal integrity.

On 8 February 2023, the Government of Colombia notified the Secretary-General of its decision to withdraw the remaining declaration it made upon ratification, which text reads as follows:

The Government of Colombia understands article 5 of the Protocol to mean that interim measures not only preclude «a determination on admissibility or on the merits of the communication», as established in article 5, paragraph 2, but that any measures involving the enjoyment of economic, social and cultural rights shall be applied in keeping with the progressive nature of these rights.