instrumentos jurídicos
Pacto Internacional de Derechos Civiles y Políticos
http://www2.ohchr.org/spanish/law/ccpr.htm
   Datos básicos    Descripción    Relaciones y seguimiento   
Elaborado por:
Organización de las Naciones Unidas, según Resolución 2200 A (XXI) de la Asamblea General
Aprobado por:
Human Rights Internet (editora virtual)
Organización de las Naciones Unidas (aprueba)
Fecha de aprobación:
16 de Diciembre de 1966
Entrada en Vigor:
23 de Marzo de 1976
Estados parte:
148
Tipos de instrumento:
Tratado
Escenario:
Mundial
Idiomas:
Castellano ; Francés ; Inglés
Fuente oficial:
CCPR.
Naciones Unidas, Serie de Tratados, Vol. 999, 171
Publicado en:
Gloobalhoy nº17
Notas:
Reservas.

Botswana[1], Reservations made upon signature and confirmed upon ratification: "The Government of the Republic of Botswana considers itself bound by:
a) Article 7 of the Covenant to the extent that "torture, cruel, inhuman or degrading treatment" means torture inhuman or degrading punishment or other treatment prohibited by Section 7 of the Constitution of the Republic of Botswana.
b) Article 12 paragraph 3 of the Covenant to the extent that the provisions are compatible with Section 14 of the Constitution of the Republic of Botswana relating to the imposition of restrictions reasonably required in certain exceptional instances."

Declaraciones.
South Africa. "The Republic of South Africa declares that it recognises, for the purposes of article 41 of the Covenant, the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under present the Covenant."

Zimbabwe. 20 August 1991. "The Government of the Republic of Zimbabwe recognizes with effect from today´s date, the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another state party is not fulfilling its obligations under the Covenant [provided that such State Party has, not less than twelve months prior to the submission by it of a communication relating to Zimbabwe, made a declaration under article 41 recognizing the competence of the Committee to receive and consider communications relating to itself]."(*The text between brackets was received at the Secretariat on 27 January 1993.)"

Notifications under Article 4 (3) of the Covenant (Derogations).

Namibia 6 August 1999 (Dated 5 August 1999)
Proclamation No. 23 by the President of the Republic of Namibia, establishing a state of emergency in the Caprivi region for an initial period of thirty (30) days, indicating that the measures were prompted by circumstances arisen in this region causing a public emergency threatening the life of the nation and the constitutional order;
Proclamation No. 24 by the President of the Republic of Namibia, setting out the emergency regulations to the Caprivi region.

14 September 1999 Derogation from articles 9 (2) and 9 (3) of the Covenant.

14 September 1999 (Dated 10 September 1999)
Proclamation No. 27 by the President of the Republic, revoking the declaration of state of emergency and emergency regulations in the Caprivi region promulgated by Proclamations No. 23 of 2 August 1999 and No. 24 of 3 August 1999.



NOTAS:

  1. ® With regard to the reservation made by Botswana upon signature and confirmed upon ratification, the Secretary-General received, from the following States, communications on the dates indicated hereinafter:

    Austria (17 October 2001): "Austria has examined the reservation made by the Government of the Republic of Botswana upon signature of the 1966 International Covenant on Civil and Political Rights, and confirmed upon ratification, regarding Articles 7 and 12 para. 3 of the Covenant.

    The fact that Botswana is making the said articles subject to a general reservation referring to the contents of existing national legislation, in the absence of further clarification raises doubts as to the commitment of Botswana to the object and purpose of the Covenant. 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. In Austria´s view the reservation in question is therefore inadmissible to the extent that its application could negatively affect the compliance by Botswana with its obligations under Articles 7 and 12 para. 3 of the Covenant.

    For these reasons, Austria objects to the reservation made by the Government of the Republic of Botswana to the International Covenant on Civil and Political Rights.

    This objection shall not preclude the entry into force of the Covenant in its entirety between Botswana and Austria, without Botswana benefiting from its reservation."

    Italy (20 December 2001):"The Government of the Italian Republic has examined the reservations made by the Republic of Botswana upn signature of the International Covenant on Civil and Political Rights, and confirmed upon ratification, regarding articles 7 and 12, paragraph 3 of the Covenant.

    The Government of the Italian Republic notes that the aforesaid articles of the Covenant are being made subject to a general reservation referring to the contents of exsiting legislation in Botswana. The Government of the Italian Republic is of the view that, in the absence of further clarification, these reservations referring to international legislation raise doubts as to the commitment of Botswana to fulfill its obligation under the Covenant.

    The Government of the Italian Republic considers these reservations to be incompatible with the object and the purpose of the Covenant according to article 19 of the 1969 Vienna Convention on the law of treaties. These reservations do not fall within the rule of article 20, paragraph 5, and can be objected at any time.

    Therefore, the Italian Government objects to the aforesaid reservations made by the Republic of Botswana to the Covenant.

    This objection does not preclude the entry into force of the Covenant between Italy and Botswana".
[email protected]