E/1999/27 E/CN.6/1999/10 Interpretative statements on the draft optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women 25. The representatives of a number of countries made statements which they requested the Secretariat to place on record. Those statements, as submitted in writing by the representatives, are set out below. Algeria “Algeria fully associates itself with the view of the International Law Commission that the regime governing reservations set forth in the 1969 Vienna Convention on the Law of Treaties is, because of its flexibility, perfectly suited to the requirements of treaties, irrespective of their subject matter or nature, inasmuch as it establishes a balance between the goal of preserving the integrity of the text and the requirement of universality. “The argument that some treaties, including those relating to human rights, should have their own set of specific reservations cannot be justified juridically, since the regime governing reservations must not be subject to any derogation and/or limitation. While it is true that Algeria agreed to an infringement of this principle in the case of the optional protocol to the Convention on the Elimination of All Forms of Discrimination against Women, that is because of the optional and procedural character of the protocol and because Algeria had no wish to break the consensus. “Accordingly, Algeria wishes to emphasize here that the fact that States are not allowed to formulate reservations should not set a precedent in relation to either the 1969 Vienna Convention on the Law of Treaties or the practice accepted thus far for becoming a party to an international instrument. “Algeria considers that women’s emancipation, although an extremely noble goal which is supports wholeheartedly, must not be utilized to justify a serious infringement of the norms and practice of international law. It hopes that the fact that there are no reservations will not deter States from becoming parties to the protocol, for which Algeria would like to see as broad and universal support as possible in view of the importance of the necessary improvement of the status of women.” Australia “Australia will be taking the text away for further careful consideration and consultation at the domestic level. Australian domestic treaty-making procedures require a high level of consultation at the national level, including the involvement of Parliamentarians, State and Territory Governments within our Federal system and the wider community, before any steps can be taken toward becoming party to any new treaty. And naturally, this instrument will be subject to these procedures.” Austria “The Austrian delegation associates itself with the statement presented by the Presidency of the European Union. “In addition, Austria would like to stress that the Convention requires a State party not only to refrain from conduct that infringes directly on the rights but also to take positive measures to insure that a right set forth in the Convention can be effectively enjoyed. 59