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International | International treaties adherence
 

India is party to the 1949 Geneva Conventions and several weapons treaties but not the 1977 Additional Protocols. In the human rights field, it is party to many major treaties but not the 1994 UN Convention Against Torture. It has not adhered to the major instruments of refugee law nor has it ratified the 1998 Rome Statute. In December 2002, India signed a bilateral non-extradition treaty with the USA regarding the International Criminal Court.

   
 
 Treaty List
 
International Humanitarian Law Adherence dateCommentary (including relevant reservations, derogations and declarations)
1949 Geneva Conventions I, II, III, IV
09.11.50
 
Additional Protocol I 1977---
 
Additional Protocol II 1977---
 
Additional Protocol III 2005 ---
 
Hague Convention 195416.06.58
 
Hague Protocol 195416.06.58 
Hague Protocol 1999---
 
ENMOD Convention 197615.12.78
 
International Human rights Law Adherence dateCommentary (including relevant reservations, derogations and declarations)
ICERD 196503.12.68

Reservation:

"The Government of India declares 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."

ICCPR 196610.04.79
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."

ICCPR - OP1 1966---
 
ICCPR - OP2 1989---
 
ICESCR 196610.04.79Declarations:

"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."

CEDAW 197908.08.93

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."

OP-CEDAW 1999---
 
Convention against Torture 1984---
Signature only on 14.10.97
OP-CAT 2002---
 
CRC 199011.12.92

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."

CRC Optional Protocol Armed Conflict 200030.11.05

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 declares 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."

CRC Optional Protocol Sale of Children 200016.08.05
 
ICRMW 1990---
 
Disability Rights Convention 200601.10.07
 
Convention on Enforced Disappearances [not yet in force]---
Signature only on 06.02.07
Weapons Adherence dateCommentary (including relevant reservations, derogations and declarations)
Geneva Gas Protocol 192509.04.30 
Biological Weapons Convention 197215.07.74
Declaration made upon signature and reiterated upon ratification:

"India has stood for the elimination of both chemical and bacteriological (biological) weapons. However, in view of the situation that developed in regard to the discussions concerning biological and chemical weapons, it became possible to reach agreement at the present moment on a Convention on the elimination of biological and toxin weapons only. Negotiations would need to be continued for the elimination of chemical weapons also. It has been recognised that, both in regard to the Convention on biological and toxin weapons and in respect of future negotiations concerning chemical weapons, the Geneva Protocol of 1925 should be safeguarded and the inseparable link between prohibition of biological and chemical weapons should be maintained.

India's position on the Convention on biological and toxin weapons has been outlined in the statements of the representative of India before the Conference of the Committee on Disarmament (CCD) and the First Committee of the General Assembly.

The Government of India would like to reiterate in particular its understanding that the objective of the Convention is to eliminate biological and toxin weapons, thereby excluding completely the possibility of their use, and that the exemption in regard to biological agents or toxins, which would be permitted for prophylactic, protective or other peaceful purposes would not, in any way, create a loophole in regard to the production or retention of biological and toxin weapons. Also, any assistance which might be furnished under the terms of the Convention, would be of medical or humanitarian nature and in conformity with the Charter of the United Nations. India's support to the Convention on biological and toxin weapons is based on these main considerations. It is India's earnest hope that the Convention will be adhered to by all States, including all the major Powers at a very early date."
Chemical Weapons Convention 199303.09.96
 
Convention on Certain Conventional Weapons 198001.03.84
 
CCW Protocol I 198001.03.84 
CCW Prot. II 198001.03.84 
CCW Prot. III 198001.03.84 
CCW Prot. IV 199501.03.84 
CCW Protocol II (amended) 199602.09.99
 
CCW Amendment 200102.09.99
 
CCW Protocol V 200318.05.05
 
Ottawa Treaty 199718.05.05
 
---
 
Refugees Adherence dateCommentary (including relevant reservations, derogations and declarations)
Refugee Conv. 1951---
 
Refugee Prot.1967 ---
 
International criminal law Adherence dateCommentary (including relevant reservations, derogations and declarations)
Slavery Convention 192618.06.27

The signature of the Convention is not binding in respect of Article 3 in so far as that article may require India to enter into any convention whereby vessels, by reason of the fact that they are owned, fitted out or commanded by Indians, or of the fact that one half of the crew is Indian, are classified as native vessels, or are denied any privilege, right or immunity enjoyed by similar vessels of other States signatories of the Covenant or are made subject to any liability or disability to which similar ships of such other States are not subject.

Genocide Convention. 194827.08.59

Declaration:

"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."

Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity 196812.01.71
 
ICC Rome Statute 1998---
 
Terrorism Adherence dateCommentary (including relevant reservations, derogations and declarations)
Convention Against the Taking of Hostages 197907.09.94
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."

Convention for the Suppression of the Financing of Terrorism 199922.04.03
 
Convention for the Suppression of Terrorist Bombings 199722.09.99

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."

3 April 2003

With regard to the declaration made by Pakistan upon accession:

"The Government of the Republic of India has examined the Declaration made by the Government of the Islamic Republic of Pakistan at the time of its accession to the International Convention for the Suppression of Terrorist Bombings 1997.

The Government of the Republic of India considers that the Declaration made by Pakistan is, in fact, a reservation that seeks to limit the scope of the Convention on a unilateral basis and it is, therefore, incompatible with the object and purpose of the Convention which is the suppression of terrorist bombings, irrespective of where they take place and who carries them out.

The Government of India considers the Declaration to be, furthermore, contrary to the terms of Article 5 of the Convention, according to which States Parties commit themselves to "adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention ... are under no circumstances justifiable by considerations of their political, philosophical, ideological, racial, ethnic, religious or other similar nature and are punished by penalties consistent with their grave nature".

The Government of India considers that the above Declaration constitutes a reservation which is incompatible with the object and purpose of the International Convention for the Suppression of Terrorist Bombings.

The Government of India recalls that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.

The Government of India therefore objects to the aforesaid reservation made by the Government of Pakistan to the International Convention for the Suppression of Terrorist Bombings.

This objection shall not preclude the entry into force of the Convention between India and Pakistan."

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Tuesday, 27 September 2016
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