Tunisia

Upon signature:

Reservation:
The Republic of Tunisia declares that, in signing the United Nations Convention against Corruption, adopted in New York on 31 October 2003, it does not consider itself bound by the provisions of article 66, paragraph 2, of the Convention and affirms that differences as to the interpretation or application of the said Convention may be submitted to the International Court of Justice only with the prior consent of all the parties concerned.

Upon signature:

Reservation:

.... With a reservation to article 16 (2).
Reservation made upon signature and confirmed upon ratification:

... with a reservation to article 16 (2).

Reservation:

In ratifying the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 20, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent.

Reservation:

In ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, adopted by the General Assembly of the United Nations on 15 November 2000, declares that it does not consider itself bound by article 15, paragraph 2, of the Protocol and affirms that disputes concerning the interpretation or application of the Protocol may be referred to the International Court of Justice only after it has given its prior consent.

Reservation:

In ratifying the United Nations Convention against Transnational Organized Crime, adopted by the United Nations General Assembly on 15 November 2000, the Tunisian Government declares that it does not consider itself bound by the provisions of article 35, paragraph 2, of the Convention and emphasizes that disputes over the interpretation or application of this Convention may not be submitted to the International Court of Justice unless there is agreement in principle among all the parties concerned.

Declaration:

In accordance with 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 Republic of Tunisia declares the following:
Under Tunisian law, the minimum age for voluntary recruitment of Tunisian citizens into the armed forces is 18 years.
In accordance with article 1 of Act No. 51-1989 of 14 March 1989 on military service, "all citizens aged 20 shall perform national service in person, except in the case of a medically certified impediment.
However, citizens may, at their request, and with the consent of their legal guardian, perform military service at the age of 18 years, subject to the approval of the Secretary General of the Ministry of Defence."
In accordance with article 27 of Act No. 51-1989 of 14 March 1989 on military service, "any citizen between the ages of 18 and 23 may be admitted into military schools subject to such conditions as may be determined by the Secretary General of the Ministry of Defence.
Young people who have not attained the age of majority must first get the consent of their legal guardian; in such case, the first year of service shall count towards the fulfilment of military service obligations and be considered as enlistment before call-up."
Articles 1 and 27 of the Act of 14 March 1989 provide legal safeguards for citizens under the age of 18 years, since acceptance into national military service or recruitment into the armed forces is on a strictly voluntary basis.

Reservation:

The Republic of Tunisia,
In ratifying the International Convention for the Suppression of the Financing of Terrorism adopted on 9 December 1999 by the General Assembly at its fifty-fourth session and signed by the Republic of Tunisia on 2 November 2001, declares that it does not consider itself bound by the provisions of article 24, paragraph 1, of the Convention and affirms that, in the settlement of disputes concerning the interpretation or implementation of the Convention, there shall be no recourse to arbitration or to the International Court of Justice without its prior consent.

Reservation:

By agreeing to accede to the International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997, [the Republic of Tunisia] declares that it does not consider itself bound by the provisions of article 20 (1) and affirms that disputes concerning the interpretation or application of the said Convention may only be submitted to the International Court of Justice with its prior consent."

Reservation:

The Tunisian Republic declares that it does not consider itself bound by the provisions of article 22, paragraph 1, of the Convention and that disputes concerning the interpretation or application of the Convention may be submitted to arbitration or to the International Court of Justice only with the prior consent of all the parties concerned.

Declarations:

...
...
3. The Government of the Republic of Tunisia declares that the Preamble to and the provisions of the Convention, in particular article 6, shall not be interpreted in such a way as to impede the application of Tunisian legislation concerning voluntary termination of pregnancy.

Upon ratification:

[The Government of Tunisia] confirms that the reservations made at the time of signature of the Convention on Tunisia's behalf on 26 August 1987 have been completely withdrawn.

Declaration 1:

The Republic of Tunisia, on the basis of resolution 4262 of the council of the League of Arab States, dated 31 March 1983, declares that its accession to the United Nations Convention on the Law of the Sea does not imply recognition of or dealings with any States which the Republic of Tunisia does not recognize or have dealings with.
Declaration 2:

The Republic of Tunisia, in accordance with the provisions of article 311, and, in particular, paragraph 6 thereof, declares its adherence to the basic principles relating to the common heritage of mankind and that it will not be a party to any agreement in derogation thereof. The Republic of Tunisia calls upon all States to avoid any unilateral measure or legislation of this kind that would lead to disregard of the provisions of the Convention or to the exploitation of the resources of the seabed and ocean floor and the subsoil thereof outside of the legal régime of the seas and oceans provided for in this convention and in the other legal instruments pertaining thereto, in particular resolution I and resolution II.
Declaration 3:

The Republic of Tunisia, in accordance with the provisions of article 298 of the United Nations Convention on the Law of the Sea, declares that it does not accept the procedures provided for in Part XV, section 2, of the said Convention with respect to the following categories of disputes:
(a) (i) disputes concerning the interpretation of application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises subsequent to the entry into force of this Convention and where no agreement within a reasonable period of time is reached in negotiations between the parties, at the request of any party to the dispute, accept submission of the matter to conciliation under Annex V, section 2; and provided furher that any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission;
(ii) after the conciliation commission has presented its report, which shall state the reasons on which it is based, the parties shall negotiate an agreement on the basis of that report; if these negotiations do not result in an agreement, the parties shall, by mutual consent, submit the question to one of the procedures provided for in section 2, unless the parties otherwise agree; (iii) this subparagraph does not apply to any sea boundary dispute finally settled by an arrangement between the parties, or to any such dispute which is to be settled in accordance with a bilateral or multilateral agreement binding upon those parties;
(b) disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;
(c) disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.
Declaration 4:

The Republic of Tunisia, in accordance with the provisions of article 310 of the United Nations Convention on the Law of the Sea, declares that its legislation currently in force does not conflict with the provisions of this Convention. However, laws and regulations will be adopted as soon as possible in order to ensure closer harmony between the provisions of the Convention and the requirements for completing Tunisian legislation in the maritime sphere.
22 May 2001

Declaration under article 287:

In accordance with the provisions of article 287 of the United Nations Convention on the Law of the Sea, the Government of Tunisia declares that it accepts, in order of preference, the following means for the settlement of disputes relating to the interpretation or implementation of the above-mentioned Convention:
a)- The International Tribunal for the Law of the Sea
b)- An Arbitral Tribunal established in accordance with Annex VII.

Declaration:

The Tunisian Government declares that it shall not take any organizational or legislative decision in conformity with the requirements of this Convention where such a decision would conflict with the provisions of chapter I of the Tunisian Constitution.

Reservation:

[The Government of the Republic of Tunisia] declares that it does not consider itself bound by the provisions of paragraph 1 of article 16 and states that disputes concerning the interpretation or application of the Convention can only be submitted to arbitration or to the International Court of Justice with the prior consent of all the Parties concerned.

Reservation made upon signature and confirmed upon ratification:

No dispute may be brought before the International Court of Justice unless by agreement between all parties to the dispute.

Reservation in respect of article 31 (2):

Any such disputes which cannot be settled in the manner prescribed shall be referred, with the agreement of all the parties to the dispute, to the International Court of Justice for decision.

The dispute referred to in article 66 (a) requires the consent of all parties thereto in order to be submitted to the International Court of Justice for a decision.

Declaration:

In ratifying the accession to the Convention on Road Signs and Signals concluded at Vienna on 8 November 1968, the Republic of Tunisia declares that it does not consider itself bound by article 44 of the Convention and affirms that any dispute which relates to the interpretation or application of this Convention may be submitted to arbitration or to the International Court of Justice only after the prior consent of all the Parties concerned.

Declaration :

In ratifying the accession to the Convention on Road Traffic concluded at Vienna on 8 November 1968, the Republic of Tunisia declares that it does not consider itself bound by article 52 of the Convention and affirms that any dispute which relates to the interpretation or application of this Convention may be submitted to arbitration or to the International Court of Justice only after the prior consent of all the Parties concerned.

Reservation:

[The Government of Tunisia] declares that it does not consider itself bound by the provisions of article 11 concerning the establishment of a body responsible for assisting in the presentation of claims to obtain nationality to the appropriate authorities, or of article 14, which provides for the competence of the International Court of Justice to rule on disputes concerning the interpretation or application of the Convention.
Declaration:

The Republic of Tunisia declares that, in accordance with article 8, paragraph 3, of the [Convention] , it retains the right to deprive a person of Tunisian nationality in the following circumstances as provided for in its existing national law:
1. If he occupies a post in the public service of a foreign State or in foreign armed forces and retains it for more than one month after being enjoined by the Government of Tunisia to leave the post, unless it is found that it was impossible for him to do so.
2. If he is convicted of an act held to be a crime or an offence against the external or internal security of the State.
3. If he engages, for the benefit of a foreign State, in acts which are incompatible with his status as a Tunisian national and which are prejudicial to Tunisia's interests.
4. If he is convicted in Tunisia or abroad for an act held to be a crime under Tunisian law and carrying a sentence of at least five years' imprisonment.
5. If he is convicted of evading his obligations under the law regarding recruitment into the armed forces.
6. If it is discovered, subsequent to issuance of the naturalization certificate, that the person concerned did not fulfil the conditions required by law allowing him to be naturalized.
7. If the alien has made a false declaration, employed fraudulent means or knowingly submitted a document containing a false or incorrect statement for the purpose of obtaining naturalization.

With the reservations provided for in article I, paragraph 3, of the Convention, that is to say, the Tunisian State will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Tunisian law.

[Article 10]

For any dispute to be referred to the International Court of Justice, the agreement of all the parties to the dispute shall be necessary in every case.

(1) Persons living abroad may only claim the advantages provided for in the Convention when considered non-residents under the exchange regulations in force in Tunisia.
(2) A dispute may only be referred to the International Court of Justice with the agreement of all the parties to the dispute.

[Article IX] For any dispute to be referred to the International Court of Justice, the agreement of all the parties to the dispute shall be necessary in every case.

Reservation:

The Government of the Tunisian Republic does not consider itself bound by the provisions of article 16, paragraph 4 of this Convention.