Guatemala

Upon signature :

Declaration:

With respect to Article 21 1(e) and (4) of the World Health Organization Framework Convention on Tobacco Control, adopted by the United Nations General Assembly on May 21, 2003, that the Republic of Guatemala makes the following interpretative declaration:
The Republic of Guatemala declares that it interprets, in the context of Article 21 1(e) and (4) of the Convention, that the implementation of Article 13 4(d) of the Convention, concerning disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited, will be subject to national law regarding confidentiality and privacy.
Upon ratification :

Declaration:

The Republic of Guatemala declares that its interpretation, in the context of Article 21.1 (e) (4) of the Convention, is that the implementation of Article 13.4 (d) of the Convention, concerning disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited, will be subject to national law regarding confidentiality and privacy.

Declaration:

The Republic of Guatemala shall provide the information referred to in article 12 of the Protocol in the case of information disclosed by individuals on a confidential basis only in the context of a request for judicial assistance.

Declaration:

In accordance with article 25, paragraph 4 of the aforementioned Convention, the Government of the Republic of Guatemala declares that any amendment to Annex A, B or C shall enter into force for Guatemala only after it has deposited its instrument of accession or ratification.

Declaration:

In conformity with article 3, paragraph 2 of the aforementioned Protocol, the Government of Guatemala makes the following declaration: ‘Guatemala shall not permit the compulsory recruitment of persons under 18 years of age into its armed forces, and, in keeping with article 3, paragraph 4, of the Convention on the Rights of the Child on the involvement of children in armed conflict, the description of the safeguards it has adopted to ensure that such recruitment is not forced or coerced shall be submitted at a later date.

Declaration:

Pursuant to article 2, paragraph 2 (a) of the Convention referred to in the preceding article, the State of Guatemala, in ratifying the Convention, makes the following declaration: "In the application of this Convention, Guatemala deems the following treaties not to be included in the annex: the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, signed at Rome on 10 March 1988; the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf, done at Rome on 10 March 1988 and the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997. The declaration shall cease to have effect, for each of the treaties indicated, as soon as the treaty enters into force for the State of Guatemala, which shall notify the depositary of this fact.
6 June 2002

Declaration under article 2 (2) (a):

[The Government of Guatemala notifies,]...pursuant to article 2, paragraph 2 of the International Convention for the Suppression of the Financing of Terrorism, that on 14 March 2002 [should read: 10 April 2002] , the International Convention for the Suppression of Terrorist Bombings entered into force for the Republic of Guatemala. Accordingly, the declaration made by the Republic of Guatemala at the time of depositing its instrument of ratification that the latter Convention was deemed not to be included in the annex to the International Convention for the Suppression of the Financing of Terrorism has ceased to have effect.

Declaration:

The Government of Guatemala declares that the financial obligations arising from the present Treaty will only become payable as from the date of entry into force of the Treaty and shall not have retroactive effect.

Declaration:

The Republic of Guatemala declares that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes arbitration in accordance with procedures adopted by the Conference of the Parties in an annex as soon as practicable as a means of dispute settlement, compulsory in relation to any Party accepting the same obligation. This declaration shall remain in force until three months after written notice of its revocation has been deposited with the Depositary.

11 September 2007

Declarations:

[Agrees to] recognize the competence of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families to receive and examine communications in which one State Party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families alleges non-compliance by another State Party with obligations arising under the Convention, as well as to receive and examine communications sent by persons subject to the jurisdiction of a State Party, alleging the violation by that State Party of their individual rights as recognized under the Convention.

Upon signature:

Declaration:
"The State of Guatemala is signing this Convention out of a humanitarian desire to strengthen the ideals on which the Convention is based, and because it is an instrument which seeks to institutionalize, at the global level, specific norms for the protection of children, who, not being legally of age, must be under the guardianship of the family, society and the State.
"With reference to article 1 of the Convention, and with the aim of giving legal definition to its signing of the Convention, the Government of Guatemala declares that article 3 of its Political Constitution establishes that: "The State guarantees and protects human life from the time of its conception, as well as the integrity and security of the individual."

Declaration:

[The Government of Guatemala] declares, that:
(a) approval of the Convention by the Congress of the Republic of Guatemala shall under no circumstances affect the rights of Guatemala over the territory of Belize, including the islands, cays and islets, or its historical rights over Bahía de Amatique, and (b) accordingly, the territorial sea and maritime zones cannot be delimited until such time as the existing dispute is resolved.

Reservation:

Guatemala accepts the text of article III, on condition that the use of environmental modification techniques for peaceful purposes does not adversely affect its territory or the use of its natural resources.

The de facto relations which may arise between Guatemala and Belize as a result of the latter's accession to the Agreement should not in any way be construed as a recognition on the part of Guatemala of the sovereignty and independence of that territory, which were unilaterally declared by the United Kingdom of Great Britain and Northern Ireland.

Reservation:

The Republic of Guatemala, upon acceding to the Vienna Convention on the Representation of States in their Relations with International Organizations of a Universal Character, makes an express reservation with respect to articles 84 and 85, which it does not accept as applying to article 77, paragraph 4, when, in its capacity as the host State, it disapproves of the conduct of one or more persons enjoying privileges and immunity under the Convention, in which case it shall retain the right to take unilaterally, as a necessary measure for its own protection, the action of notifying the sending State at any time and without having to explain its decision that such person or persons are persona non grata in the country. The reservation concerning the non-applicability of articles 84 and 85 also refers to the right of the Republic of Guatemala to declare any person who, by virtue of the Convention, would enjoy privileges and immunity unacceptable before his arrival in its territory, without stating any reason.

Upon signature:

Reservations:

I. Guatemala cannot accept any provision of this Convention which would prejudice its rights and its claim to the Territory of Belize.
II. Guatemala will not apply articles [...], 25 and 66 in so far as they are contrary to the provisions of the Constitution of the Republic.
III. Guatemala will apply the provision contained in article 38 only in cases where it considers that it is in the national interest to do so.
Upon ratification:

Reservations:

(a) The Republic of Guatemala formally confirms reservations I and III which it formulated upon signing the [said Convention], to the effect, respectively, that Guatemala could not accept any provision of the Convention which would prejudice its rights and its claim to the territory of Belize and that it would apply the provision contained in article 38 of the Convention only in cases where it considered that it was in the national interest to do so;
(b) With respect to reservation II, which was formulated on the same occasion and which indicated that the Republic of Guatemala would not apply articles [...], 25 and 66 of the [said Convention] insofar as they were contrary to the Constitution, Guatemala states:
(b) (I) That it confirms the reservation with respect to the non-application of articles 25 and 66 of the Convention, insofar as both are incompatible with provisions of the Political Constitution currently in force;
(b) (II) [...]
Guatemala's consent to be bound by a treaty is subject to compliance with the requirements and procedures established in its Political Constitution. For Guatemala, the signature or initialling of a treaty by its representative is always understood to be ad referendum and subject, in either case, to confirmation by its Government.
(c) [...]

Declaration:

The Republic of Guatemala recognizes the competence of the Human Rights Committee to receive and consider communications from individuals subject to the jurisdiction of the Republic who claim to be victims of a violation by Guatemala of any of the rights set forth in the International Covenant relating to acts, omissions, situations or events occurring after the date on which the Optional Protocol entered into force for the Republic of Guatemala or to decisions resulting from acts, omissions, situations or events after that date.

Reservation:

With regard to article 1, paragraph 1, of the Convention, Guatemala declares that since its legislation, in respect of its nationals, does not call for the requirements relating to publicity of the marriage and the presence of witnesses for it to be solem- nized, it does not consider itself obliged to comply with those requirements where the parties are Guatemalans.

23 December 1963

The Government of Guatemala rejects formally the reserva- tions to articles 48 and 50 of the Convention made by the Government of Cuba in its instrument of ratification.

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract- ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Article 10 of the said Convention shall, by reason of constitutional requirements, be applied without prejudice to article 149, paragraph 3 (b) of the Constitution of the Republic.

Upon signature:

Reservation:

Guatemala signs the present Convention with the reservation that the expression "treatment as favourable as possible", referred to in those of its provisions to which reservations may be made, must not be understood to include the special treatment which has been or may be granted to the nationals of, Spain, the Latin American countries in general, and in particular to the countries which constituted the United Provinces of Central America and now form the Organization of Central American States.
Upon ratification:

Confirmation of the reservation made upon signature, as modified:

Reservation:

Guatemala ratifies the present Convention with the reservation that the expression "treatment as favourable as possible", referred to in those of its provisions to which reservations may be made, shall not be understood to include the special treatment which Guatemala has granted or may grant to nationals of Spain, the Latin American countries in general, and in particular the countries which constitute the Central American Integration System (SICA), which are those countries which constituted the United Provinces of Central America, plus the Republic of Panama.