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certain attendant requirements are likely to be necessary. Domestic laws may
need to be altered properly to reflect the requirements of the Covenant; and
mechanisms at the domestic level will be needed to allow the Covenant rights
to be enforceable at the local level. Reservations often reveal a tendency of
States not to want to change a particular law. And sometimes that tendency is
elevated to a general policy. Of particular concern are widely formulated
reservations which essentially render ineffective all Covenant rights which
would require any change in national law to ensure compliance with Covenant
obligations. No real international rights or obligations have thus been
accepted. And when there is an absence of provisions to ensure that Covenant
rights may be sued on in domestic courts, and, further, a failure to allow
individual complaints to be brought to the Committee under the first Optional
Protocol, all the essential elements of the Covenant guarantees have been
removed.
13.
The issue arises as to whether reservations are permissible under the
first Optional Protocol and, if so, whether any such reservation might be
contrary to the object and purpose of the Covenant or of the first Optional
Protocol itself. It is clear that the first Optional Protocol is itself an
international treaty, distinct from the Covenant but closely related to it.
Its object and purpose is to recognize the competence of the Committee to
receive and consider communications from individuals who claim to be victims
of a violation by a State party of any of the rights in the Covenant. States
accept the substantive rights of individuals by reference to the Covenant, and
not the first Optional Protocol. The function of the first Optional Protocol
is to allow claims in respect of those rights to be tested before the
Committee. Accordingly, a reservation to an obligation of a State to respect
and ensure a right contained in the Covenant, made under the first Optional
Protocol when it has not previously been made in respect of the same rights
under the Covenant, does not affect the State’s duty to comply with its
substantive obligation. A reservation cannot be made to the Covenant through
the vehicle of the Optional Protocol but such a reservation would operate to
ensure that the State’s compliance with that obligation may not be tested by
the Committee under the first Optional Protocol. And because the object and
purpose of the first Optional Protocol is to allow the rights obligatory for a
State under the Covenant to be tested before the Committee, a reservation that
seeks to preclude this would be contrary to the object and purpose of the
first Optional Protocol, even if not of the Covenant. A reservation to a
substantive obligation made for the first time under the first Optional
Protocol would seem to reflect an intention by the State concerned to prevent
the Committee from expressing its views relating to a particular article of
the Covenant in an individual case.
14.
The Committee considers that reservations relating to the required
procedures under the first Optional Protocol would not be compatible with its
object and purpose. The Committee must control its own procedures as
specified by the Optional Protocol and its rules of procedure. Reservations
have, however, purported to limit the competence of the Committee to acts and
events occurring after entry into force for the State concerned of the first
Optional Protocol. In the view of the Committee this is not a reservation
but, most usually, a statement consistent with its normal competence
ratione temporis. At the same time, the Committee has insisted upon its
competence, even in the face of such statements or observations, when events