Индия

Declaration:

“The Government of India declares its understanding that, as per its national laws; keeping in view its development agenda, particularly the eradication of poverty and provision of basic needs for all its citizens, coupled with its commitment to following the low carbon path to progress, and on the assumption of unencumbered availability of cleaner sources of energy and technologies and financial resources from around the world; and based on a fair and ambitious assessment of global commitment to combating climate change, it is ratifying the Paris Agreement.”

Declaration:

“The Republic of India, in accordance with paragraph 5 of Article 30 of the Minamata Convention on Mercury declares that any amendment to an annex to the Convention shall enter into force for the Republic of India only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.”

Upon signature:

Reservation:

"...subject to the declaration that the Government of the Republic of India does not consider itself bound by the provisions of Article 13 of the Agreement relating to conciliation."

Reservation:

"India does not consider itself bound by the provision of Paragraph (1) of Article 23."

Reservation:

"The Government of the Republic of India does not consider itself bound by paragraph 2 of Article 66 of the Convention."

28 March 2006

Declaration:

"Any amendment to Annex A, B or C shall enter into force only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto."

Declarations:

“(i) The Government of India does not consider itself bound by the provisions of the Convention and its Protocols relating to submission of disputes for arbitration or to the International Court of Justice.
(ii) In pursuance of Article 16, paragraph 5(a) of the Convention, the Government of India shall apply the Convention as the legal basis for cooperation on extradition with other States Parties to the Convention.
(iii) The Government of the Republic of India declares, with respect to Article 18 of the Convention, that international cooperation for mutual legal assistance shall be afforded through applicable bilateral Agreements, and where the mutual legal assistance sought is not covered by a bilateral agreement with the requesting State, it shall on reciprocal basis, be provided under the provisions of the Convention.
(iv) In pursuance of Article 18, paragraph 13 of the Convention, the designated Central Authority would be the Secretary, Ministry of Home Affairs, Government of India.
(v) The Government of India declares that acceptable languages for the purpose of the Convention and its Protocols shall be English and/or Hindi.”

Declarations:

"Pursuant to article 3 (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 India declare that:
(i) The minimum age for recruitment of prospective recruits into Armed Forces of India (Army, Air Force and Navy) is 16 years. After enrollment and requisite training period, the attested Armed Forces personnel is sent to the operational area only after he attains 18 years of age;
(ii) The recruitment into the Armed Forces of India is purely voluntary and conducted through open rally system/open competitive examinations. There is no forced or coerced recruitment into the Armed Forces."

Reservation:

“In accordance with Article 20 (2), the Government of the Republic of India hereby declares that it does not consider itself bound by the provisions of Article 20 (1) of the Convention.”.

Declaration:

"The Government of the Republic of India reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298 concerning the settlement of disputes."

Declaration:

"While fully subscribing to the objectives and purposes of the Convention, realising that certain of the rights of child, namely those pertaining to the economic, social and cultural rights can only be progressively implemented in the developing countries, subject to the extent of available resources and within the framework of international co-operation; recognising that the child has to be protected from exploitation of all forms including economic exploitation; noting that for several reasons children of different ages do work in India; having prescribed minimum ages for employment in hazardous occupations and in certain other areas; having made regulatory provisions regarding hours and conditions of employment; and being aware that it is not practical immediately to prescribe minimum ages for admission to each and every area of employment in India - the Government of India undertakes to take measures to progressively implement the provisions of article 32, particularly paragraph 2 (a), in accordance with its national legislation and relevant international instruments to which it is a State Party."

Declarations:

"(a) The Government of the Republic of India reserves the right to make at the appropriate time the declarations provided for in articles 287 and 298, concerning the settlement of disputes.
(b) The Government of the Republic of India understands that the provisions of the Convention do not authorize other States to carry out in the exclusive economic zone and on the continental shelf military exercises or manoeuvres, in particular those involving the use of weapons or explosives without the consent of the coastal State."

Declaration:

"[The] Government of India retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the African Development Bank to the citizens, nationals or residents of India."

Declarations and reservations made upon signature and confirmed upon ratification:

Declarations:
"i) With regard to articles 5 (a) and 16 (1) of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that it shall abide by and ensure these provisions in conformity with its policy of non-interference in the personal affairs of any Community without its initiative and consent.
"ii) With regard to article 16 (2) of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that though in principle it fully supports the principle of compulsory registration of marriages, it is not practical in a vast country like India with its variety of customs, religions and level of literacy."
Reservation:
"With regard to article 29 of the Convention on the Elimination of All Forms of Discrimination Against Women, the Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of this article."

Reservation:

"The Government of the Republic of India declares that it does not consider itself bound by paragraph 1 of article 16 which establishes compulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention at the request of one of them."

Reservation: The Government of India does not consider itself bound by articles 1 to 4 and 17 of the Convention.

Reservation:

“The Republic of India declares that it does not consider itself bound by Article 57, paragraphs 2 to 6 of the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention, 1975), concerning the settlement of disputes, arising out of the interpretation or application of its provisions, through arbitration by the arbitration tribunal.”

"In confirmation of paragraph (2) of the statement filed by the Representative of India on behalf of the Group of 77 on 8 April 1974 at the United Nations Conference of Plenipotentiaries on a Code of Conduct for Liner Conferences, it is the understanding of the Government of India that the inter-governmental shipping services established in accordance with inter-governmental agreements fall outside the purview of the Convention on the Code of Conduct for Liner Conferences regardless of the origin of the cargo, their destination or the use for which they are intended."

"The Government of the Republic of India does not consider itself bound by paragraph 1 of article 13 which establishes com- pulsory arbitration or adjudication by the International Court of Justice concerning disputes between two or more States Parties relating to the interpretation or application of this Convention."

"The Government of the Republic of India accede to the said Convention with effect from 17 August 1977."

"The Government of India reserve their position with regard to articles 5, 6, 9, 11 and 14 of the aforesaid Protocol and do not consider themselves bound by the provisions of these articles."

"The Government of India reserve their position with regard to paragraph 2 of article 31 of the aforesaid Convention and do not consider themselves bound by the provisions of that paragraph."

"The Government of the Republic of India does not consider itself bound by the provisions of article 44 of the Convention.
"India shall treat mopeds as motor cycles."

[See chapter IV.3.]

Declarations:

"I. With reference to article 1 of the International Covenant on Economic, Social and Cultural Rights and article 1 of the International Covenant on Civil and Political Rights, the Government of the Republic of India declares that the words `the right of self-determination' appearing in [this article] apply only to the peoples under foreign domination and that these words do not apply to sovereign independent States or to a section of a people or nation--which is the essence of national integrity.
"II. With reference to article 9 of the International Covenant on Civil and Political Rights, the Government of the Republic of India takes the position that the provisions of the article shall be so applied as to be in consonance with the provisions of clauses (3) to (7) of article 22 of the Constitution of India. Further under the Indian Legal System, there is no enforceable right to compensation for persons claiming to be victims of unlawful arrest or detention against the State.
"III. With respect to article 13 of the International Covenant on Civil and Political Rights, the Government of the Republic of India reserves its right to apply its law relating to foreigners.
"IV. With reference to articles 4 and 8 of the International Covenant on Economic, Social and Cultural Rights, and articles 12, 19 (3), 21 and 22 of the International Covenant on Civil and Political Rights the Government of the Republic of India declares that the provisions of the said [article] shall be so applied as to be in conformity with the provisions of article 19 of the Constitution of India.
"V. With reference to article 7 (c) of the International Covenant on Economic, Social and Cultural Rights, the Government of the Republic of India declares that the provisions of the said article shall be so applied as to be in conformity with the provisions of article 16(4) of the Constitution of India."

"The Government of India declare that for reference of any dispute to the International Court of Justice for decision in terms of Article 22 of the International Convention on the Elimination of all Forms of Racial Discrimination, the consent of all parties to the dispute is necessary in each individual case."

"The Government of India declares that India retains for herself and her political subdivision the right to tax salaries and emoluments paid by the Asian Development Bank to citizens or nationals of India."

Reservations:

"Subject to the reservations referred to in Article 49 (1) (a), (b), (d) and (e) of the Convention, namely, subject to the right of the Government of India to permit temporarily in any of its territories:
"(a) The quasi-medical use of opium,
"(b) Opium smoking,
"(d) The use of cannabis, cannabis resin, extracts and tinctures of cannabis for non-medical purposes, and
"(e) The production and manufacture of and trade in the drugs referred to under (a), (b), and
“ (d) above for the purposes mentioned therein.
Declarations:

"Since the Government of India do not recognise the Nationalist Chinese authorities as the competent Government of China, they cannot regard signature of the said Convention by a Nationalist Chinese Representative as a valid signature on behalf of China."

"In accordance with Article I of the Convention, the Gov-ernment of India declare that they will apply the Convention to the recognition and enforcement of awards made only in the territory of a State, party to this Convention. They further declare that they will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of India."

With reference to article 1 (e) :

"The Government of India reserves the right to exclude 'legal' persons from the categories of persons to whom conces- sions envisaged in this Convention are applicable."
With reference to article 2 :

"Notwithstanding the provisions of article 2 of this Convention, the Government of India reserves the right to exclude from the benefits of this article persons normally resident outside India who, on the occasion of a temporary visit to India, take up paid employment or any other form of gainful occupation."

"1. It is hereby expressly declared that the Government of India, in accordance with the provisions of article 19 of this Protocol, will permit
"(i) The use of opium for quasi-medical purposes until 31 December 1959;
"(ii) The production of opium and the export thereof, for quasi-medical purposes, to Pakistan, Ceylon, Aden and the French and Portuguese possessions on the subcontinent of India for a period of fifteen years from the date of the coming into force of this Protocol; and
"(iii) The smoking of opium, for their lifetime, by addicts not under 21 years of age, registered by the appropriate authorities for that purpose on or before 30 September 1953.
"2. The Government of India expressly reserve to them selves the right to modify this declaration or to make any other declaration under article 19 of this Protocol, at the time of the deposit by them of their instrument of ratification."

"Article III of the Convention shall have no application as regards recruitment to, and conditions of service in any of the Armed Forces of India or the Forces charged with the mainten- ance of public order in India."

"The concession of duty-free import would be available to only those catalogues, price lists and trade notices which are supplied free."

"Subject to a declaration made in accordance with paragraph 1 of article 2 of this Convention, excluding annexes 1 and 2 from its application of the Convention."

"With reference to article IX of the Convention, the Government of India declares that, for the submission of any dispute in terms of this article to the jurisdiction of the International Court of Justice, the consent of all the parties to the dispute is required in each case."

"In accepting the Convention on the Inter-Governmental Maritime Consultative Organization, the Government of India declare that any measures which it adopts or may have adopted for giving encouragement and assistance to its national shipping and shipping industries (such, for instance, as loan-financing of national shipping companies at reasonable or even concessional rates of interest, or the allocation of Government-owned or Government-controlled cargoes to national ships or the reserva- tion of the coastal trade for national shipping) and such other matters as the Government of India may adopt, the sole object of which is to promote the development of its own national shipping, are consistent with the 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 subject to re-examination by the Government of India. The Government of India further expressly state that its acceptance of the above-mentioned Convention neither has nor shall have the effect of altering or modifying in any way the law on the subject in force in the territories of the Republic of India."

Reservation as to Article 10:

"Any dispute which may arise between any two or more Contracting States concerning the interpretation or application of the present Convention which is not settled by negotiations shall with the consent of the parties to the dispute be referred to the International Court of Justice for decision unless the parties agree to another mode of settlement."