Canada opposes 15 Palestinian attempts to join United Nations treaties (Canada submissions)

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned. Depositary notifications are issued in electronic format only. Depositary notifications are made available to the Permanent Missions to the United Nations in the United Nations Treaty Collection on the Internet at https://treaties.un.org, under "Depositary Notifications (CNs)". In addition, the Permanent Missions, as well as other interested individuals, can subscribe to receive depositary notifications by e-mail through the Treaty Section's "Automated Subscription Services", which is also available at https://treaties.un.org.

Reference: C.N.49.2015.TREATIES-XVI.1 (Depositary Notification)

CONVENTION ON THE POLITICAL RIGHTS OF WOMENNEW YORK, 31 MARCH 1953

CANADA: COMMUNICATION 1

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

The above action was effected on 16 January 2015.

(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on the Political Rights of Women and the Secretary-General's communication of 6 January 2015, C.N.1.2015.TREATIES-XV1.1, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on the Political Rights of Women. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on the Political Rights of Women, 'Palestine' is not able to accede to this convention, and that the Convention on the Political Rights of Women does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.1.2015.TREATIES-XVI.1 of 6 January 2015

(Accession: State of Palestine).


Reference: C.N.50.2015.TREATIES-XXVII.3 (Depositary Notification)

BASEL CONVENTION ON THE CONTROL OF TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL

BASEL, 22 MARCH 1989




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) and the Secretary-General's communication of 6 January 2015, C.N.3.2015.TREATIES-XXVII.3, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989). The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989), 'Palestine' is not able to accede to this convention, and that the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989) does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.3.2015.TREATIES-XXVII.3 of 6 January 2015



Reference: C.N.51.2015.TREATIES-XXVII.8 (Depositary Notification)

CONVENTION ON BIOLOGICAL DIVERSITYRIO DE JANEIRO, 5 JUNE 1992




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on Biological Diversity and the Secretary-General's communication of 6 January 2015, C.N.5.2015.TREATIES-XXVII.8, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on Biological Diversity. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on Biological Diversity, 'Palestine' is not able to accede to this convention, and that the Convention on Biological Diversity does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.5.2015.TREATIES-XXVII.8 of 6 January 2015



Reference: C.N.52.2015.TREATIES-XVIII.7 (Depositary Notification)

CONVENTION ON THE PREVENTION AND PUNISHMENT OF CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS, INCLUDING

DIPLOMATIC AGENTSNEW YORK, 14 DECEMBER 1973




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents and the Secretary-General's communication of 6 January 2015, C.N.7.2015.TREATIES-XVIII.7, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents, 'Palestine' is not able to accede to this convention, and that the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, Including Diplomatic Agents does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.7.2015.TREATIES-XVIII.7 of 6 January 2015




UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME

NEW YORK, 15 NOVEMBER 2000




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention against Transnational Organized Crime and the Secretary-General's communication of 6 January 2015, C.N.8.2015.TREATIES-XVIII.12, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention against Transnational Organized Crime. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention against Transnational Organized Crime, 'Palestine' is not able to accede to this convention, and that the Convention against Transnational Organized Crime does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.”

23 January 2015





CONVENTION ON THE SAFETY OF UNITED NATIONS AND ASSOCIATED PERSONNEL

NEW YORK, 9 DECEMBER 1994




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on the Safety of United Nations and Associated Personnel and the Secretary-General's communication of6 January 2015, C.N.9.2015.TREATIES-XVIII.8, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on the Safety of United Nations and Associated Personnel. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on the Safety of United Nations and Associated Personnel, 'Palestine' is not able to accede to this convention, and that the Convention on the Safety of United Nations and Associated Personnel does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.”

23 January 2015




Reference: C.N.55.2015.TREATIES-XXI.6 (Depositary Notification)

UNITED NATIONS CONVENTION ON THE LAW OF THE SEAMONTEGO BAY, 10 DECEMBER 1982




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the United Nations Convention on the Law of the Sea and the Secretary-General's communication of 6 January 2015, C.N.10.2015.TREATIES-XXI.6, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the United Nations Convention on the Law of the Sea. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the United Nations Convention on the Law of the Sea, 'Palestine' is not able to accede to this convention, and that the United Nations Convention on the Law of the Sea does not enter into force, or have an effect on Canada's treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.10.2015.TREATIES-XXI.6 of 6 January 2015



Reference: C.N.56.2015.TREATIES-XXI.6.a (Depositary Notification)

AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA OF 10

DECEMBER 1982NEW YORK, 28 JULY 1994




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea and the Secretary-General's communication of 6 January 2015, C.N.16.2015 TREATIES-XXI.6.a, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea, 'Palestine' is not able to accede to this convention, and that the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

________1 Refer to depositary notification C.N.16.2015.TREATIES-XXI.6.a of 6 January 2015

(Consent to be bound: State of Palestine).



ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURTROME, 17 JULY 1998




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Rome Statute of the International Criminal Court and the Secretary-General's communication of 6 January 2015, C.N.13.2015.TREATIES-XVIII.10, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Rome Statute of the International Criminal Court. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Rome Statute of the International Criminal Court, 'Palestine' is not able to accede to this convention, and that the Rome Statute of the International Criminal Court does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015




Reference: C.N.58.2015.TREATIES-XXVI.2 (Depositary Notification)

CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED TO BE

EXCESSIVELY INJURIOUS OR TO HAVE INDISCRIMINATE EFFECTS (WITH PROTOCOLS I, II AND III)

GENEVA, 10 OCTOBER 1980




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III) and the Secretary-General's communication of 6 January 2015, C.N.17.2015.TREATIES-XXVI.2, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III). The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects (with Protocols I, II and III), 'Palestine' is not able to accede to this convention, and that the Convention on the Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have ________

1 Refer to depositary notification C.N.17.2015.TREATIES-XXVI.2 of 6 January 2015 (Accession: State of Palestine).

(XXVI.2)


Indiscriminate Effects (with Protocols I, II and III) does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015

- 2 -


Reference: C.N.59.2015.TREATIES-XXVII.8.a (Depositary Notification)

CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY

MONTREAL, 29 JANUARY 2000




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity and the Secretary-General's communication of 6 January 2015, C.N.4.2015.TREATIES-XXVII.8.a, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General’s capacity as Depositary for the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 'Palestine' is not able to accede to this convention, and that Canada considers the declaration made the 'State of Palestine' to be without any legal validity or effect.”

23 January 2015

________1 Refer to depositary notification C.N.4.2015.TREATIES-XXVII.8.a of 6 January 2015



Reference: C.N.60.2015.TREATIES-XXVI.6 (Depositary Notification)

CONVENTION ON CLUSTER MUNITIONSDUBLIN, 30 MAY 2008




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on Cluster Munitions and the Secretary-General's communication of 6 January 2015, C.N.14.2015.TREATIES-XXVI.6, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on Cluster Munitions. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on Cluster Munitions, 'Palestine' is not able to accede to this convention, and that Canada considers the declaration made the 'State of Palestine' to be without any legal validity or effect.”

23 January 2015

________1 Refer to depositary notification C.N.14.2015.TREATIES-XXVI.6 of 6 January 2015



Reference: C.N.61.2015.TREATIES-XXII.1 (Depositary Notification)

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

NEW YORK, 10 JUNE 1958




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Secretary-General's communication of 6 January 2015, C.N.2.2015.TREATIES-XXII.1, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 'Palestine' is not able to accede to this convention, and that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards does not enter into force, or have an effect on Canada’s treaty relations, with respect to the ‘State of Palestine’.”

23 January 2015

________1 Refer to depositary notification C.N.2.2015.TREATIES-XXII.1 of 6 January 2015




AGREEMENT ON THE PRIVILEGES AND IMMUNITIES OF THE INTERNATIONAL CRIMINAL COURT

NEW YORK, 9 SEPTEMBER 2002




(Original: English)

“The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Agreement on the Privileges and Immunities of the International Criminal Court and the Secretary-General's communication of 6 January 2015. C.N.12.2015.TREATIES-XVIII.13, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General’s capacity as Depositary for the Agreement on the Privileges and Immunities of the International Criminal Court. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.

In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Agreement on the Privileges and Immunities of the International Criminal Court, 'Palestine' is not able to accede to this convention, and that the Agreement on the Privileges and Immunities of the International Criminal Court does not enter into force, or have an effect on Canada’s treaty relations, with respect to the 'State of Palestine'.”

23 January 2015



Documents

Canada opposes 15 Palestinian attempts to join United Nations treaties (Canada submissions)