UNCAT Ratification Tool
blocks to the effective implementation of international standards, and States should think carefully
about whether they are needed, and how soon they may be removed.
On one hand, reservations allow States to participate in a treaty that they would otherwise be unable
to join. On the other, reservations lead to asymmetrical relationship between States parties. One
State may opt‐out of a provision which is valid for others, thus undermining the universality of
commitments shared among all States parties. Some reservations may even attempt to reduce the
significance or impact of the treaty itself.
Examples of other types of reservations:
Lao People's Democratic Republic:
“The Government of the Lao People’s Democratic Republic declares that, pursuant to Article 8,
paragraph 2 of the Convention it makes extradition conditional on the existence of a treaty.
Therefore, it does not consider the Convention as the legal basis for extradition in respect of the
offences set forth therein. It further declares that bilateral agreements will be the basis for
extradition as between the Lao People’s Democratic Republic and other States Parties in respect of
any offences.”
New Zealand:
"The Government of New Zealand reserves the right to award compensation to torture victims
referred to in article 14 of the Convention Against Torture only at the discretion of the Attorney‐
General of New Zealand."
Thailand:
"With respect to the term ‘torture’ under Article 1 of the Convention, although there is neither a
specific definition nor particular offence under the current Thai Penal Code corresponding to the
term, there are comparable provisions under the aforesaid Thai Penal Code applicable to acts under
Article 1 of the Convention. The term ‘torture’ under Article 1 of the Convention shall accordingly be
interpreted in conformity with the current Thai Penal Code.
“The Kingdom of Thailand shall revise its domestic law to be more consistent with Article 1 of the
Convention at the earliest opportunity.”
Reservations to the UNCAT itself have been limited. At the time of writing, 50 States parties had
entered reservations to the UNCAT on ratification. However, several have since been withdrawn and
only 41 States’ reservations remain operative. Many of the reservations describe areas explicitly
permitted in the UNCAT, but a few are legally problematic and have attracted a high number of
objections.
The International Law Commission encourages States to conduct a periodic review of reservations, to
consider whether they continue to serve their purpose, and withdraw the reservation when they are
no longer needed. Such a review should take into account the importance of preserving the integrity
of the treaty, the usefulness of the reservation, and any developments in international law. The
Committee against Torture also routinely recommends the removal of reservations during its
interactive dialogues with States��parties.
Art.21 and Art.22 Declarations
Article 21 and article 22 declarations may be made at any time after ratification or accession to the
Convention. Such declarations provide the Committee against Torture with the competence to hear
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