Cuba

Declaration:

The prohibition on the testing nuclear weapons contained in Article 1(a) encompasses all forms of testing, including those performed using non-explosive methods such as subcritical testing and computer simulation.
The transit of nuclear weapons and other nuclear explosive devices through territory under the jurisdiction of the States Parties to this Treaty is also a prohibited activity according to the provisions of Article 1(e).
The financing of any activity prohibited to a State Party under this Treaty is also a prohibited activity according to the provisions of Article 1(e).
The declarations that States Parties are required to make under Article 2 must include information on any activity they carry out that is prohibited under Article 1.

Declaration:

In accordance with the principle of the sovereign immunity of States, the Republic of Cuba declares that the recommendations contained in the report of the conciliation commission, established in accordance with Article 25 (6) of the Minamata Convention on Mercury and with the procedure set out in Part II of Annex E to the Convention, will be deemed to be non-binding, but will be considered in good faith for voluntary implementation, as appropriate.

Reservation:

The Republic of Cuba declares, pursuant to article 23, paragraph 2, that it does not consider itself bound by the provisions of paragraph 1 of this article with respect to the settlement of disputes arising between States Parties which, in its view, should be resolved through amicable negotiations, and it also declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.
Declarations:

The Republic of Cuba declares that nothing in article 4, paragraph 2, can be construed as encouraging or condoning the use or threat of use of force in international relations which should, in all circumstances, be strictly governed by the principles of international law and the purposes and principles of the Charter of the United Nations.
Cuba also holds the view that the relations between States should be based on the provisions of General Assembly resolution 2625 (XXV).
Furthermore, State terrorism has historically been a fundamental concern for Cuba, which believes that its total eradication through mutual respect, friendly relations and cooperation among States, and full respect for the principles of sovereignty, territorial integrity, self-determination and non-interference in internal affairs should constitute a priority for the international community.
Therefore, Cuba is firmly of the view that the improper use of the armed forces of a State to commit aggression against another State is not countenanced by this Convention, the purpose of which is specifically to combat one of the most deleterious scourges facing the modern world.
To condone acts of aggression would effectively mean to condone breaches of international law and the Charter, and to set off conflicts with unpredicatable consequences that would undermine the necessary cohesion of the international community in the fight against the real scourges afflicting the world.
Moreover, it is the understanding of the Republic of Cuba that the full extent of the provisions of this Convention will apply to the activities conducted by the armed forces of a state against another in the absence of an armed conflict between the two.
Lastly, Cuba wishes to place on record that a United States naval base is located, against the will of the Cuban people and Government, in the province of Guantanamo, a portion of Cuban territory over which the Cuban State does not exercise its rightful jurisdiction because of the unlawful occupation of such portion of its territory by the United States of America. Consequently, the Government of Cuba assumes no responsibility for that portion of its territory for the purposes of the Treaty, since it does not know whether the United States of America has installed, possesses, maintains or intends to install nuclear material, including nuclear weapons, on that portion of unlawfully occupied Cuban territory.

Reservation:

The Republic of Cuba declares that, pursuant to article 66, paragraph 3, of the Convention, it does not consider itself bound by the provisions of paragraph 2 of this article, which deals with the settlement of disputes arising between States parties concerning the interpretation or application of this Convention and referral of such disputes to the International Court of Justice, because it believes that such disputes should be resolved through amicable negotiations between the States parties.

Reservation :

In accordance with the provisions of article 16, paragraph 3, of the Protocol, [Cuba] declares that it does not consider itself bound by paragraph 2 of said article, which refers to the settlement of disputes between two or more States Parties.

Declaration:

The Republic of Cuba declares that, in accordance with the provisions of Article 20, paragraph 3 of the Protocol, it does not consider itself bound by the provisions of paragraph 2 of that Article.

Declaration:

The Republic of Cuba declares that, in accordance with the provisions of Article 15, paragraph 3 of the Protocol, it does not consider itself bound by the provisions of paragraph 2 of that Article.

Declaration:

With respect to article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Government of the Republic of Cuba declares binding the minimum age of 17 for voluntary recruitment into its armed forces. It also declares that the guarantees and safeguards for this provision are contained in Act No. 75 (the National Defence Act) of 21 December 1994 and Decree-Law No. 224 (the Active Military Service Act) of 15 October 2001.

Reservation:

The Republic of Cuba declares, pursuant to article 24, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Declaration:

Article 14, paragraph 2 (a) and (b), of the Protocol shall not apply to the Republic of Cuba,
which shall settle on a bilateral basis, by negotiation, any dispute arising with the International Seabed
Authority concerning the interpretation or application of the aforementioned Protocol.

Reservation and declaration:

Reservation
The Republic of Cuba declares, pursuant to article 20, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it declares that it does not recognize the compulsory jurisdiction of the International Court of Justice.
Declaration
The Republic of Cuba declares that none of the provisions contained in article 19, paragraph 2, shall constitute an encouragement or condonation of the threat or use of force in international relations, which must under all circumstances be governed strictly by the principles of international law and the purposes and principles enshrined in the Charter of the United Nations.
Cuba also considers that relations between States must be based strictly on the provisions contained in resolution 2625 (XXV) of the United Nations General Assembly.
In addition, the exercise of State terrorism has historically been a fundamental concern for Cuba, which considers that the complete eradication thereof through mutual respect, friendship and cooperation between States, full respect for sovereignty and territorial integrity, self-determination and non-interference in internal affairs must constitute a priority of the international community.
Cuba is therefore firmly of the opinion that the undue use of the armed forces of one State for the purpose of aggression against another cannot be condoned under the present Convention, whose purpose is precisely to combat, in accordance with the principles of the international law, one of the most noxious forms of crime faced by the modern world.
To condone acts of aggression would amount, in fact, to condoning violations of international law and of the Charter and provoking conflicts with unforeseeable consequences that would undermine thecessary cohesion of the international community in the fight against the scourges that truly afflict it.
The Republic of Cuba also interprets the provisions of the present Convention as applying with full rigour to activities carried out by armed forces of one State against another State in cases in which no armed conflict exists between the two.

Declarations:

The Government of the Republic of Cuba declares, in conformity with article III (a) (iii) of the Convention, that there is a colonial enclave in its territory - the Guantanamo Naval Base - a part of Cuban national territory over which the Cuban State does not exercise its rightful jurisdiction, owing to its illegal occupation by the United States of America by reason of a deceitful and fraudulent Treaty.
Consequently, for the purposes of the Convention, the Government of the Republic of Cuba does not assume any responsibility with respect to the aforesaid territory, since it does not know whether or not the United States has installed, possesses, maintains or intends to possess chemical weapons in the part of Cuban territory that it illegally occupies.
The Government of the Republic of Cuba also considers that it has the right to require that the entry of any inspection group mandated by the Organization for the Prohibition of Chemical Weapons, to carry out in the territory of Guantanamo Naval Base the verification activities provided for in the Convention, should be effected through a point of entry in Cuban national territory to be determined by the Cuban Government.
The Government of the Republic of Cuba considers that, under the provisions of article XI of the Convention, the unilateral application by a State party to the Convention against another State party of any restriction which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other purposes not prohibited under the Convention, would be incompatible with the object and purpose of the Convention.
The Government of Cuba designates the Ministry of Science, Technology and Environment, in its capacity as the national authority of the Republic of Cuba for the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, as the body of the central administration of the State responsible for organizing, directing, monitoring and supervising the activities aimed at preparing the Republic of Cuba to fulfil the obligations it is assuming as a State party to the aforementioned Convention.

Declaration:

The Government of the Republic of Cuba declares, with respect to article 27 of the Convention on Biological Diversity, that as far as the Republic of Cuba is concerned, disputes that arise between Parties concerning the interpretation or applica- tion of this international legal instrument shall be settled by negotiation through the diplomatic channel or, failing that, by arbitration in accordance with the procedure laid down in Annex II on arbitration of the Convention.

Declaration:

With reference to article 14 of the United Nations Framework Convention on Climate Change, the Government of the Republic of Cuba declares that, insofar as concerns the Republic of Cuba, any dispute that may arise between the Parties concerning the interpretation or application of the Convention shall be settled through negotiation through the diplomatic channel.

Declarations, notification and reservation:

With respect to article 1, paragraph 1, Cuba considers it pointless and irrelevant to include in the definition of "mercenary" the criterion established in paragraph 1 (b), which requires that material compensation be "substantially in excess of that promised or paid to combatants of similar rank and functions in the armed forces of that party". Cuba is of the view that material compensation alone, whatever the amount, is sufficient for an activity to be considered mercenary.
Cuba considers that in order for a natural or legal person to be defined as a mercenary under this Convention, it is not necessary for all the criteria set forth in articles 1 and 2 to be met.
The Republic of Cuba will therefore continue to apply the definition set forth in article 119 of its Penal Code of 1988, which defines a mercenary as "anyone who, in order to receive a wage or other form of material compensation, joins a military formation made up, in whole or in part, of individuals who are not citizens of the State in whose territory they plan to act" and "who collaborates in or carries out any other act for the direct or indirect purpose of achieving the aforementioned objective".
With respect to article 13, paragraph 1, Cuba considers that it should be clarified that the law referred to in this article applies only to judicial cooperation between States parties, not to criminal proceedings brought against persons presumed to have committed the offence of mercenarism.
Pursuant to the provisions of article 17, paragraph 2, Cuba declares that it does not consider itself bound by paragraph 1 of this article.

Declaration:

With reference to article 1 of the Convention, the Government of the Republic of Cuba declares that in Cuba, under the domestic legislation in force, majority is not attained at 18 years of age for purposes of the full exercise of civic rights.

Declaration:

The Government of the Republic of Cuba declares, with regard to article 20 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, that any disputes between Parties as to the interpreta- tion or application of, or compliance with, this Convention or any protocol thereto, shall be settled through negotiation through the diplomatic channel or submitted to arbitration under the conditions set out in Annex VI on arbitration.

Declaration:

The Government of the Republic of Cuba declares that it does not consider itself bound by the provisions of article 32, paragraphs 2 and 3, and that disputes which arise between the Parties should be settled by negotiation through the diplomatic channel.

Declaration:

The Government of the Republic of Cuba considers, with respect to the provisions of article 19 of the Convention, that any dispute arising between Parties should be resolved by direct negotiations through the diplomatic channel.

Declarations:

The Government of the Republic of Cuba deplores the fact that even after the adoption of General Assembly resolution 1514 (XV) containing the Declaration on the granting of independence to colonial countries and peoples, a provision such as paragraph 1 of article 2 was included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The Government of the Republic declares, in accordance with article 28 of the Convention, that the provisions of paragraphs 1, 2 and 3 of article 20 of the Convention will have to be invoked in strict compliance with the principle of the sovereignty of States and implemented with the prior consent of the States Parties.
In connection with the provisions of article 30 of the Convention, the Government of the Republic of Cuba is of the view that any dispute between Parties should be settled by negotiation through the diplomatic channel.

Upon signature:

"At the time of signing the Convention on the Law of the Sea, the Cuban Delegation declares that, having gained possession of the definitive text of the Convention just a few hours ago, it will leave for the time of the ratification of the Convention the issuing of any statement it deems pertinent with respect to articles:
287 -- on the election of the procedure for the settlement of controversies pertaining to the interpretation or implementation of the Convention;
292 -- on the prompt release of ships and their crews;
298 -- on the optional exceptions to the applicability of Section 2;
as well as whatever statement or declaration it might deem appropriate to make in conformity with article 310 of the Convention."
Upon ratification:

With regard to article 287 on the choice of procedure for the settlement of disputes concerning the interpretation or application of the Convention, the Government of the Republic of Cuba declares that it does not accept the jurisdiction of the International Court of Justice and, consequently, will not accept either the jurisdiction of the Court with respect to the provisions of either article 297 or 298.
With regard to article 292, the Government of the Republic of Cuba considers that once financial security has been posted, the detaining State should proceed promptly and without delay to release the vessel and its crew and declares that where this procedure is not followed with respect to its vessels or members of their crew it will not agree to submit the matter to the International Court of Justice.

Reservation:

The Government of the Republic of Cuba declares, in con- formity with article 58 of the Agreement, that it does not consider itself bound by the arbitration procedures for the settlement of disputes established in article 53.

Reservation:

The Government of the Republic of Cuba makes a specific reservation concerning the provisions of article 29 of the Convention inasmuch as it holds that any disputes that may arise between States Parties should be resolved through direct negotiations through the diplomatic channel.

Reservation:

The Republic of Cuba declares, pursuant to article 16, paragraph 2, that it does not consider itself bound by paragraph 1 of the said article, concerning the settlement of disputes arising between States Parties, inasmuch as it considers that such disputes must be settled through amicable negotiation. In consequence, it reiterates that it does not recognize the compulsory jurisdiction of the International Court of Justice.

Declaration:

The Government of the Republic of Cuba considers that, although the Agreement deals with matters affecting the interests of all States, the provisions of article 3, section 1, are discriminatory in nature since they deprive a number of States of the right to sign and accede to the Agreement, contrary to the principle of universality.
Reservation:

The Government of the Republic of Cuba wishes to make an express reservation to article 11, section 2, of the Agreement, since it feels that any disputes arising between States, or between States and the Fund, concerning the interpretation or application of the Agreement should be resolved through direct negotiations by diplomatic means.

Reservation:

The Republic of Cuba enters a reservation concerning the provisions of article 2, paragraph 17, of the Convention, to the effect that Cuba will not apply said paragraph to goods carried by joint liner services for the carriage of any cargo, established in accordance with inter-governmental agreements, regardless of their origin, their destination or the use for which they are intended.
Declaration:

With regard to the definitions in the first paragraph of part one, chapter I, the Republic of Cuba does not accept the inclusion in the concept of "Liner conference or conference" of joint liner services for the carriage of any type of cargo, established in accordance with inter-governmental agreements.

Declaration:

In accordance with article 13, paragraph 2 of the Convention, the Republic of Cuba declares that it does not consider itself bound by the provisions of article 13, paragraph 1, of the Convention.

The accession of the Republic of Cuba to the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, shall not be interpreted as recognition of acceptance on the part of the Government of the Republic of Cuba to the racist Government of South Africa, which does not represent the South African people and which, because of its systematic practice of the discriminatory policy of apartheid , has been expelled from international agencies, condemned by the United Nations and rejected by all the peoples of the world.
The accession of the Republic of Cuba to the 1972 Protocol amending the Single Convention on Narcotic Drugs, 1961, shall not be interpreted as recognition or acceptance on the part of the Government of the Republic of Cuba of the Government of the Republic of Korea, because Cuba considers that it does not genuinely represent the interests of the Korean people.
The Government of the Republic of Cuba declares with respect to the provisions contained in article 14, paragraph (2) (b) (ii), that in accordance with its legal system, and its national laws and practice, it makes extradition conditional only on the existence of bilateral treaties.

Reservation:

The Revolutionary Government of the Republic of Cubadoes not consider itself bound by the provisions of article 31 of the Convention, since, in its view, disputes between Parties should be settled only by direct negotiation through the diplomatic channel.
Declaration:

The Revolutionary Government of the Republic of Cuba considers that, despite the fact that the Convention deals with matters affecting the interests of all States, the provisions of article 25, paragraph 1, and article 26 of the Convention are discriminatory in character in that they deny a number of States the right of signature and accession, thus violating the principle of the sovereign equality of States.

Reservation:

The Revolutionary Government of the Republic of Cuba enters an express reservation with regard to the third sentence of paragraph 1 of article 25 of the Convention, and consequently does not accept the assumption of consent to enter the premises of the special mission for any of the reasons mentioned in that paragraph or for any other reasons.
Declaration:

The Revolutionary Government of the Republic of Cuba considers the provisions of articles 50 and 52 of the Convention to be discriminatory in nature because, whereas the Convention deals with matters affecting the interests of all States, the said provisions deny a number of States the right to sign and accede to the Convention, a situation which is contrary to the principle of the sovereign equality of States.

Reservation:

The Government of the Republic of Cuba enters an explicit reservation to the procedure established under article 66 of the Convention, since it believes that any dispute should be settled by any means adopted by agreement between the parties to the dispute; the Republic of Cuba therefore cannot accept solutions which provide means for one of the parties, without the consent of the other to submit the dispute to procedures for judicial settlement, arbitration and conciliation.
Declaration:

The Government of the Republic of Cuba declares that the Vienna Convention on the Law of Treaties essentially codified and systematized the norms that had been established by custom and other sources of international law concerning negotiation, signature, ratification, entry into force, termination and other stipulations relating to international treaties; hence, those provisions, owing to their compulsory character, by virtue of having been established by universally recognized sources of international law, particularly those relating to invalidity, termination and suspension of the application of treaties, are applicable [to] any treaty negotiated by the Republic of Cuba prior to the aforesaid convention, essentially, treaties, covenants and concessions negotiated under conditions of inequality or which disregard or diminish its sovereignty and territorial integrity.

The Government of the Republic of Cuba declares that it regards the provisions of articles V and VII of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity as discriminatory and contrary to the principle of the equality of States.

The Republic of Cuba considers that the provisions of article 37 of the Convention, although concerned with matters which affect the interests of all States, are discriminatory in nature since they deny a number of States the right to sign or become a party to the Convention and this is contrary to the principle of the sovereign equality of States.
The Republic of Cuba declares that the provisions of article 38 of the Convention are no longer applicable because they are contrary to the Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (XV)), adopted by the United Nations General Assembly on 14 December 1960, which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.
The Revolutionary Government of the Republic of Cuba does not consider itself bound by the provisions of article 44 of the Convention, under which the International Court of Justice is to have compulsory jurisdiction in any dispute which may arise regarding the interpretation or application of the Convention. With regard to the competence of the International Court of Justice, Cuba maintains that, in order for a dispute to be submitted for settlement by the Court, the consent of all the parties concerned in the dispute must be obtained in each individual case.
The Republic of Cuba declares that it treats mopeds as motor cycles, in accordance with article 46 (2.b) of the Convention.

The Republic of Cuba declares that the provisions of article 45, paragraph 1, of the Convention, which deals with matters affecting the interests of all States, are of a discriminatory nature in that they preclude the right of a number of States to become signatories and parties to the Convention, contrary to the principle of sovereign equality of States.
The Republic of Cuba declares that the provisions of article 46 of the Convention, are not applicable as they are contrary to the Declaration on the Granting of Independence to Colonial Countries and Peoples (resolution 1514), adopted by the United Nations General Assembly on 14 December 1960, which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.
The Revolutionary Government of the Republic of Cuba does not consider itself bound by the provisions of article 52 of the Convention on Road Traffic regarding the referral to the International Court of Justice of any dispute with another Con- tracting Party.
The Republic of Cuba declares that it treats mopeds as motor cycles, in accordance with article 54 (2) of the Convention.

Upon signature:

The Government of the Republic of Cuba will make such reservations as it may deem appropriate if and when the Convention is ratified.
Upon ratification:

Reservation:

The Revolutionary Government of the Republic of Cuba does not accept the provision in article 22 of the Convention to the effect that disputes between two or more States Parties shall be referred to the International Court of Justice, since it considers that such disputes should be settled exclusively by the procedures expressly provided for in the Convention or by negotiation through the diplomatic channel between the disputants.
Statement:

This Convention, intended to eliminate all forms of racial discrimination, should not, as it expressly does in articles 17 and 18, exclude States not Members of the United Nations, members of the specialized agencies or Parties to the Statute of the International Court of Justice from making an effective contribution under the Convention, since these articles constitute in themselves a form of discrimination that is at variance with the principles set out in the Convention; the Revolutionary Government of the Republic of Cuba accordingly ratifies the Convention, but with the qualification just indicated.

The Revolutionary Government of Cuba makes an express reservation to the provisions of articles 74 and 76 of the Convention because it considers that, in view of the nature of the content and rules of the Convention, all free and sovereign States have the right to participate in it, and the Revolutionary Government is therefore in favour of facilitating accession by all countries in the international community, without distinction as to the territorial size of States, the number of their inhabitants or their social, economic or political systems.

The Revolutionary Government of Cuba makes an explicit reservation in respect of the provisions of articles 48 and 50 of the Convention, because it considers that, in view of the nature of the contents of the Convention and the subject it concerns, all free and sovereign States have the right to participate in it: for that reason, the Revolutionary Government of Cuba favours facilitating the admission of all countries of the International Community, without any distinction based on the extent of a State's territory, the number of its inhabitants or its social, economic or political system.

will apply the Convention to the recognition and en- forcement of arbitral awards made in the territory of another Contracting State. With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties. Moreover, it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under Cuban legislation.

Reservation:

The Government of the Republic of Cuba does not consider itself bound by the provisions of article IX, inasmuch as it believes that any disputes which may arise between States concerning the interpretation or application of the Agreement must be settled by direct negotiation through the diplomatic channel.
Declaration:

The Government of the Republic of Cuba hereby declares that the provisions of paragraphs 1 to 4 of article XIV of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character are contrary to the Declaration on the granting of independence to colonial countries and peoples (resolution 1514 (XV)), adopted by the General Assembly of the United Nations on 14 December 1960, which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all its forms and manifestations.

The Revolutionary Government of Cuba ratifies the present Protocol in order to co-operate in the supervision by the United Nations, as depositary, of all treaties drawn up prior to its establishment by international organizations which have ceased to exist, since, owing to the social and economic measures taken in Cuba under the revolutionary laws to increase employment opportunities for the mass of the people, the white slave traffic has been stamped out, the social evils inherited from former periods which were its main cause, unemployment and idleness, having been eliminated; and moreover, the fact that this Protocol shall likewise apply to colonial countries on a basis of equality shall not be taken to mean any acceptance of the position of subjection of these countries, since not only is it a fundamental principle of Cuba's present policy strongly to condemn colonialism and to proclaim the right of peoples under colonial rule to achieve national liberation, but colonialism has been denounced by the United Nations.

In accepting the Convention on the Inter-Governmental Maritime Consultative Organization, the Revolutionary Government of the Republic of Cuba declares that its current legislation, which is duly adapted to the encouragement and development of its Merchant Marine, is consistent with the General purposes of the Inter-Governmental Maritime Consultative Organization as defined in article 1 (b) of the Convention. Accordingly, any recommendations relating to this subject that may be adopted by the Organization will be re-examined by the Government of Cuba in the light of the national policy in this regard.

Declaration:

The Government of the Republic of Cuba considers that the content of article 9 of the Convention of 1923, as amended by the Protocol, is discriminatory in character in that it denies a number of States the right of accession, thus violating the principle of the sovereign equality of States.
Reservation:

The Government of the Republic of Cuba considers, with respect to the provisions contained in article 15 of the Convention of 1923, as amended by the Protocol, that differences in inter- pretation or implementation of that article must be resolved by direct negotiations through the diplomatic channel.

The Government of the Republic of Cuba declares that article 10 of the Convention for the Suppression of the Traffic in Women and Children, concluded at Geneva on 30 September 1921, and article 7 of the Convention for the Suppression of the Traffic in Women of Full Age, concluded at Geneva on 11 October 1933, as amended in the annex to the Protocol done at Lake Success, New York, on 12 November 1947, are discriminatory in that they deny States which are not Members of the United Nations and to which the Economic and Social Council does not officially communicate the Conventions as amended by the Protocol the right to accede to the Conventions as so amended, this being contrary to the principle of sovereign equality of States.

The Revolutionary Government of the Republic of Cuba expressly reserves its position on the provisions of article 17 of the Convention, being ready to settle any dispute which may arise on the interpretation or application of the Convention bilaterally, by means of diplomatic consultations.

Reservation:

The Government of the Republic of Cuba formulates an express reservation to paragraphs 2, 3 and 4 of article 14 of the Statutes of the International Centre for Genetic Engineering and Biotechnology, because it considers that the provisions thereof contravene the regulations of article 4 of the Paris Convention for the Protection of Industrial Property of 20 March 1883, to which Cuba is a party, and the Cuban legislation guaranteeing the implementation of that Convention.

Declaration:

The Republic of Cuba hereby declares that it was the Revolution that enabled its people to enjoy the rights set out in the International Covenant on Civil and Political Rights.
The economic, commercial and financial embargo imposed by the United States of America and its policy of hostility and aggression against Cuba constitute the most serious obstacle to the Cuban people's enjoyment of the rights set out in the Covenant.
The rights protected under this Covenant are enshrined in the Constitution of the Republic and in national legislation.
The State's policies and programmes guarantee the effective exercise and protection of these rights for all Cubans.
With respect to the scope and implementation of some of the provisions of this international instrument, Cuba will make such reservations or interpretative declarations as it may deem appropriate.

Declaration:
The Republic of Cuba hereby declares that it was the Revolution that enabled its people to enjoy the rights set out in the International Covenant on Economic, Social and Cultural Rights.
The economic, commercial and financial embargo imposed by the United States of America and its policy of hostility and aggression against Cuba constitute the most serious obstacle to the Cuban people's enjoyment of the rights set out in the Covenant.
The rights protected under this Covenant are enshrined in the Constitution of the Republic and in national legislation.
The State's policies and programmes guarantee the effective exercise and protection of these rights for all Cubans.
With respect to the scope and implementation of some of the provisions of this international instrument, Cuba will make such reservations or interpretative declarations as it may deem appropriate.

Upon signature:

Declaration:

The Government of the Republic of Cuba declares that it does not recognize the competence of the committee established by virtue of articles 8 and 9 of the Protocol.