Myanmar (Burma)

Reservation made upon signature and confirmed upon ratification:

... the Government of the Union of Myanmar makes the following reservation in relation to article 14(5) of the Agreement:
"Any State may, at the time of definitive signature or of depositing its instrument of ratification, acceptance, approval or accession, deposit a reservation stating that it does not consider itself bound by the provisions of the present article relating to conciliation. Other Parties shall not be bound by the provisions of the present article relating to conciliation with respect to any Party which has deposited such a reservation".

Upon signature:

Reservation:
"With regard to any dispute between two or more States Parties concerning the interpretation or application of the United Nations Convention against Corruption, the Union of Myanmar does not consider itself bound by paragraph 2 of article 66 of the Convention."

Reservation:

"The Government of the Union of Myanmar wishes to express reservation on Article 20 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice."

Reservation:

"The Government of the Union of Myanmar wishes to express reservation on Article 15 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Protocol to the International Court of Justice."

Reservations:

The Government further wishes to make a reservation on Article 35 and does not consider itself bound by obligations to refer disputes relating to the interpretation or application of this Convention to the International Court of Justice."

27 September 2019

Declaration under article 3 (2):

“With reference to Article 3 (2) of the Optional Protocol, the Government of the Republic of the Union of Myanmar declares that citizens may freely present themselves for voluntary military service provided they have attained a minimum age of 18 years, whereas citizens above 16 and under 18 years of age may voluntarily join military academies and military vocational training courses, if furnished with the proof of their age and the prior written consent of their parents or guardians.”
Interpretative declaration

“With reference to Article 4 of the Optional Protocol, the Government of the Republic of the Union of Myanmar considers that any responsibility deriving from recruitment of children under 18 years of age or their use in hostilities by non-state armed groups lies solely with such groups. In the prevention of underage military recruitment, the Government would collaborate with the ethnic armed groups which have signed the NCA (Nationwide Ceasefire Agreement). The latter shall also have a duty to apply at all times the principles governing international humanitarian law.”

Upon signature:

Reservation:
“The Government of the Union of Myanmar declares in pursuance of Article 24, paragraph (2) of the International Convention for the Suppression of the Financing of Terrorism that it does not consider itself bound by the provisions of Article 24, Paragraph (1).”
Upon ratification:

Reservations:
"Regarding article 24 of the International Convention for the Suppression of the Financing of Terrorism, the Union of Myanmar declares that it does not consider itself bound by paragraph 1 of the article 24 of the said Convention.
Regarding the 9 Conventions mentioned in the Annex of the International Convention for the Suppression of the Financing of Terrorism, the Union of Myanmar declares that it is yet to be a party to the Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3 March 1980."

Reservation:

“The Government of the Union of Myanmar, having considered the Convention aforesaid, hereby declares that it accedes to the same with reservation on Article 20 (1) and does not consider itself bound by the provision set forth in the said Article.”

Reservation:

"The Government [of Myanmar] further wishes to make a reservation on article 32, paragraphs 2 and 3 and does not consider itself bound by obligations to refer the disputes relating to the interpretation or application of this Convention to the International Court of Justice."

Reservation:

Article 29

"[The Government of Myanmar] does not consider itself bound by the provision set forth in the said article."

Reservation:

“The Government of the Union of Myanmar does not consider itself bound by the article 16 (1) of the International Convention against the Taking of Hostages adopted on 17 December 1979.”

Reservation:

“The Government of Myanmar does not consider itself bound by the article 13 (1) of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents adopted on 14 December 1973.”

Reservation:

" The Government of the Union of Myanmar wishes to express reservation on Article 6 relating to the right of International Narcotics Control Board (INCB).
The Government wishes to make a reservation on Article 14, Paragraph 2(b) to extradition and does not consider itself bound by the same in so far as its own Myanmar nations are concerned."

Reservations:

"The Government of the Union of Myanmar will not consider itself bound by the provisions of article 19, paragraphs 1 and 2.
The Government wishes to express reservation on article 22, paragraph 2(b) relating to extradition and does not consider itself bound by the same.
The Government of the Union of Myanmar further wishes to express that it does not consider itself bound by the provisions of article 31, paragraph of the Convention concerning the referral to the International Court of Justice of a dispute relating to the interpretation or application of the Convention."

Reservation:

“… the Government of the Republic of the Union of Myanmar makes [a] reservation in relation […] to article 44 of [the] Vienna Convention on Road Signs and Signals [of] 1968…”

Reservation:

“… the Government of the Republic of the Union of Myanmar makes [a] reservation in relation to article 52 of [the] Vienna Convention on Road Traffic [of] 1968…”

Declaration:

“With reference to article 1 of the International Covenant on Economic, Social and Cultural Rights, the Government of the Republic of the Union of Myanmar declares that, in consistence with the Vienna Declaration and Programme of Action of 1993, the term “the right of self-determination” appearing in this article does not apply to any section of people within a sovereign independent state and cannot be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of a sovereign and independent state. In addition, the term shall not be applied to undermine Section 10 of the Constitution of the Republic of the Union of Myanmar, 2008.”

Reservations on article 35, paragraph 1 and article 58, paragraphs 1 and 2:

"With regard to article 35, paragraph 1 and article 58, paragraph 1, concerning the freedom of communication, the Government of the Union of Myanmar shall not accord to consular posts headed by honorary consular officers the right to employ diplomatic or consular couriers and diplomatic or consular bags, or to governments, diplomatic missions and other consular posts the right to employ these means in communicating with consular posts headed by honorary consular officers, except to the extent that the Union of Myanmar may have consented thereto in particular cases.
Furthermore, with regard to facilities, privileges and immunities as provided by article 58, paragraph 2, the Government of the Union of Myanmar shall not accord exemption from registration of aliens and residence permits to consular posts headed by honorary consular officers.
Declaration on article 62:

With regard to article 62, the Government of the Union of Myanmar shall not accord to consular posts headed by honorary consular officers exemption from customs duties and taxes on articles for their official use except to the extent that the Union of Myanmar may have consented thereto on the merits of each case."

Reservation made upon signature and confirmed upon ratifica tion:

"Subject to the understanding that the Shan State is being allowed to have reservation of the right:
"(1) To allow addicts in the Shan State to smoke opium for a transitory period of 20 years with effect from the date of coming into force of this Single Convention;
"(2) To produce and manufacture opium for the above purpose;
"(3) To furnish a list of opium consumers in the Shan State after the Shan State Government has completed the taking of such list on the 31st December, 1963."

"(1) With reference to article VI, the Union of Burma makes the reservation that nothing contained in the said Article shall be construed as depriving the Courts and Tribunals of the Union of jurisdiction or as giving foreign Courts and tribunals jurisdiction over any cases of genocide or any of the other acts enumerated in article III committed within the Union territory.
"(2) With reference to article VIII, the Union of Burma makes the reservation that the said article shall not apply to the Union."