Reservations to Treaties in the United States

On June 29, 2011, the U.S. Mission to the United Nations conveyed via two separate letters to the Secretary-General of the United Nations the U.S. objections to Pakistan’s reservations to the International Covenant on Civil and Political Rights (“ICCPR”) and its objections to Pakistan’s reservations to the Convention Against Torture (“CAT”). In both cases, the U.S. expressed its view that the totality of Pakistan’s reservations was inconsistent with the object and purpose of each treaty. The U.S. objections to Pakistan’s reservations to the ICCPR and the U.S. objections to Pakistan’s reservations to the CAT are reprinted below and the letters conveying these objections to the Secretary-General are available at www.state.gov/s/l/c8183.htm.

The Government of the United States of America objects to Pakistan’s reservations to the ICCPR. Pakistan has reserved to Articles 3, 6, 7, 12, 13, 18, 19, and 25 of the Covenant, which address the equal right of men and women to the full enjoyment of civil and political rights, the right to life, protections from torture and other cruel inhuman or degrading treatment or punishment, freedom of movement, expulsion of aliens, the freedoms of thought, conscious and religion, the freedom of expression, and the right to take part in political affairs. Pakistan has also reserved to Article 40, which provides for a process whereby States Parties submit periodic reports on their implementation of the Covenant when so requested by the Human Rights Committee (HRC). These reservations raise serious concerns because they both obscure the extent to which Pakistan intends to modify its substantive obligations under the Covenant and also foreclose the ability of other Parties to evaluate Pakistan’s implementation through periodic reporting. As a result, the United States considers the totality of Pakistan’s reservations to be incompatible with the object and purpose of the Covenant. This objection does not constitute an obstacle to the entry into force of the Covenant between the United States and Pakistan, and the aforementioned articles shall apply between our two states, except to the extent of Pakistan’s reservations.

The Government of the United States of America objects to Pakistan’s reservations to the CAT. Pakistan has reserved to Articles 3, 4, 6, 12, 13, and 16 of the Convention, which address non-refoulement, criminalization of acts which constitute torture, arrest or apprehension of those suspected of committing torture, investigation of credible allegations of torture, the right to bring before and have examined by competent authorities allegations of torture and for protection of complainants and witnesses, and the prevention of cruel, inhuman or degrading treatment or punishment. At the same time, Pakistan has chosen not to participate in the Committee’s inquiry process under Article 20. The combination of Pakistan’s reservations and its decision not to participate in the Article 20 process raises serious concerns because the reservations obscure the extent to which Pakistan intends to modify its substantive obligations under the Convention, and preclude further inquiry by the Committee if well-founded indications of systematic torture do arise. As a result, the United States considers the totality of Pakistan’s reservations to Articles 3, 4, 6, 12, 13, and 16 to be incompatible with the object and purpose of the Covenant. This objection does not constitute an obstacle to the entry into force of the Covenant between the United States and Pakistan, and the aforementioned articles shall apply between our two states, except to the extent of Pakistan’s reservations.