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Law-ref.org | Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction |
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Determined to put an end to the suffering and casualties caused by
anti-personnel
mines, that kill or maim hundreds of people every week, mostly innocent
and
defenceless civilians and especially children, obstruct economic
development
and
reconstruction, inhibit the repatriation of refugees and internally
displaced
persons,
and have other severe consequences for years after emplacement,
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Believing it necessary to do their utmost to contribute in an efficient
and coordinated
manner to face the challenge of removing anti-personnel mines placed
throughout
the
world, and to assure their destruction,
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Recognizing that a total ban of anti-personnel mines would also be an
important
confidence-building measure,
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Welcoming also United Nations General Assembly Resolution 51/45 S of
10 December 1996 urging all States to pursue vigorously an effective,
legally-binding
international agreement to ban the use, stockpiling, production and
transfer
of
anti-personnel landmines,
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Welcoming furthermore the measures taken over the past years, both
unilaterally
and multilaterally, aiming at prohibiting, restricting or suspending
the
use, stockpiling,
production and transfer of anti-personnel mines,
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Stressing the role of public conscience in furthering the principles of
humanity as
evidenced by the call for a total ban of anti-personnel mines and
recognizing
the efforts
to that end undertaken by the International Red Cross and Red Crescent
Movement,
the International Campaign to Ban Landmines and numerous other
non-governmental
organizations around the world,
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Recalling the Ottawa Declaration of 5 October 1996 and the Brussels
Declaration
of
27 June 1997 urging the international community to negotiate an
international
and legally
binding agreement prohibiting the use, stockpiling, production and
transfer
of
anti-personnel mines,
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ARTICLE-1: General obligations [go to this ARTICLE]
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1. Each State Party undertakes never under any circumstances:
a) To use anti-personnel mines;
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b) To develop, produce, otherwise acquire, stockpile, retain or
transfer
to anyone,
directly or indirectly, anti-personnel mines;
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2. Each State Party undertakes to destroy or ensure the destruction of
all anti-personnel
mines in accordance with the provisions of this Convention.
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ARTICLE-2: Definitions [go to this ARTICLE]
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1. "Anti-personnel mine" means a mine designed to be exploded by the
presence,
proximity or contact of a person and that will incapacitate, injure or
kill one or more
persons. Mines designed to be detonated by the presence, proximity or
contact
of
a vehicle as opposed to a person, that are equipped with anti-handling
devices, are not
considered anti-personnel mines as a result of being so equipped.
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1. "Anti-personnel mine" means a mine designed to be exploded by the
presence,
proximity or contact of a person and that will incapacitate, injure or
kill one or more
persons. Mines designed to be detonated by the presence, proximity or
contact
of
a vehicle as opposed to a person, that are equipped with anti-handling
devices, are not
considered anti-personnel mines as a result of being so equipped.
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4. "Transfer" involves, in addition to the physical movement of
anti-personnel
mines into
or from national territory, the transfer of title to and control over
the
mines, but does not
involve the transfer of territory containing emplaced anti-personnel
mines.
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4. "Transfer" involves, in addition to the physical movement of
anti-personnel
mines into
or from national territory, the transfer of title to and control over
the
mines, but does not
involve the transfer of territory containing emplaced anti-personnel
mines.
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ARTICLE-3: Exceptions [go to this ARTICLE]
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1. Notwithstanding the general obligations under Article 1, the
retention
or transfer
of a number of anti-personnel mines for the development of and training
in mine
detection, mine clearance, or mine destruction techniques is permitted.
The amount
of such mines shall not exceed the minimum number absolutely necessary
for the
above-mentioned purposes.
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ARTICLE-4: Destruction of stockpiled anti-personnel mines [go to this ARTICLE]
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Except as provided for in Article 3, each State Party undertakes to
destroy
or ensure
the destruction of all stockpiled anti-personnel mines it owns or
possesses,
or that are
under its jurisdiction or control, as soon as possible but not later
than
four ye ars after
the entry into force of this Convention for that State Party.
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ARTICLE-5: Destruction of anti-personnel mines in mined areas [go to this ARTICLE]
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1. Each State Party undertakes to destroy or ensure the destruction of
all anti-personnel
mines in mined areas under its jurisdiction or control, as soon as
possible
but not later
than ten years after the entry into force of this Convention for that
State
Party.
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2. Each State Party shall make every effort to identify all areas under
its jurisdiction or
control in which anti-personnel mines are known or suspected to be
emplaced
and
shall ensure as soon as possible that all anti-personnel mines in mined
areas under its
jurisdiction or control are perimeter-marked, monitored and protected
by
fencing or
other means, to ensure the effective exclusion of civilians, until all
anti-personnel mines
contained therein have been destroyed. The marking shall at least be to
the standards
set out in the Protocol on Prohibitions or Restrictions on the Use of
Mines,
Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects.
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2. Each State Party shall make every effort to identify all areas under
its jurisdiction or
control in which anti-personnel mines are known or suspected to be
emplaced
and
shall ensure as soon as possible that all anti-personnel mines in mined
areas under its
jurisdiction or control are perimeter-marked, monitored and protected
by
fencing or
other means, to ensure the effective exclusion of civilians, until all
anti-personnel mines
contained therein have been destroyed. The marking shall at least be to
the standards
set out in the Protocol on Prohibitions or Restrictions on the Use of
Mines,
Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects.
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2. Each State Party shall make every effort to identify all areas under
its jurisdiction or
control in which anti-personnel mines are known or suspected to be
emplaced
and
shall ensure as soon as possible that all anti-personnel mines in mined
areas under its
jurisdiction or control are perimeter-marked, monitored and protected
by
fencing or
other means, to ensure the effective exclusion of civilians, until all
anti-personnel mines
contained therein have been destroyed. The marking shall at least be to
the standards
set out in the Protocol on Prohibitions or Restrictions on the Use of
Mines,
Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the
Convention on Prohibitions or Restrictions on the Use of Certain
Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects.
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3. If a State Party believes that it will be unable to destroy or
ensure
the
destruction of all anti-personnel mines referred to in paragraph 1
within
that
time period, it may submit a request to a Meeting of the States Parties
or a
Review Conference for an extension of the deadline for completing the
destruction of such anti-personnel mines, for a period of up to ten
years.
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3. If a State Party believes that it will be unable to destroy or
ensure
the
destruction of all anti-personnel mines referred to in paragraph 1
within
that
time period, it may submit a request to a Meeting of the States Parties
or a
Review Conference for an extension of the deadline for completing the
destruction of such anti-personnel mines, for a period of up to ten
years.
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(ii) The financial and technical means available to the State Party for
the destruction of all the anti-personnel mines; and
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(iii) Circumstances which impede the ability of the State Party to
destroy all the anti-personnel mines in mined areas;
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ARTICLE-6: International cooperation and assistance [go to this ARTICLE]
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5. Each State Party in a position to do so shall provide assistance for
the
destruction of stockpiled anti-personnel mines.
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c) The estimated number of years necessary to destroy all
anti-personnel
mines in
mined areas under the jurisdiction or control of the concerned State
Party;
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ARTICLE-7: Transparency measures [go to this ARTICLE]
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b) The total of all stockpiled anti-personnel mines owned or possessed
by it,
or under its jurisdiction or control, to include a breakdown of the
type,
quantity
and, if possible, lot numbers of each type of anti-personnel mine
stockpiled;
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b) The total of all stockpiled anti-personnel mines owned or possessed
by it,
or under its jurisdiction or control, to include a breakdown of the
type,
quantity
and, if possible, lot numbers of each type of anti-personnel mine
stockpiled;
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c) To the extent possible, the location of all mined areas that
contain,
or are
suspected to contain, anti-personnel mines under its jurisdiction or
control,
to
include as much detail as possible regarding the type and quantity of
each
type
of anti-personnel mine in each mined area and when they were emplaced;
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c) To the extent possible, the location of all mined areas that
contain,
or are
suspected to contain, anti-personnel mines under its jurisdiction or
control,
to
include as much detail as possible regarding the type and quantity of
each
type
of anti-personnel mine in each mined area and when they were emplaced;
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d) The types, quantities and, if possible, lot numbers of all
anti-personnel
mines retained or transferred for the development of and training in
mine
detection, mine clearance or mine destruction techniques, or
transferred
for
the purpose of destruction, as well as the institutions authorized by a
State Party
to retain or transfer anti-personnel mines, in accordance with Article
3;
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d) The types, quantities and, if possible, lot numbers of all
anti-personnel
mines retained or transferred for the development of and training in
mine
detection, mine clearance or mine destruction techniques, or
transferred
for
the purpose of destruction, as well as the institutions authorized by a
State Party
to retain or transfer anti-personnel mines, in accordance with Article
3;
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e) The status of programs for the conversion or de-commissioning of
anti-personnel mine production facilities;
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f) The status of programs for the destruction of anti-personnel mines
in accordance with Articles 4 and 5, including details of the methods
which
will
be used in destruction, the location of all destruction sites and the
applicable
safety and environmental standards to be observed;
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g) The types and quantities of all anti-personnel mines destroyed after
the
entry into force of this Convention for that State Party, to include a
breakdown
of the quantity of each type of anti-personnel mine destroyed, in
accordance
with
Articles 4 and 5 , respectively, along with, if possible, the lot
numbers
of each type
of anti-personnel mine in the case of destruction in accordance with
Article
4;
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g) The types and quantities of all anti-personnel mines destroyed after
the
entry into force of this Convention for that State Party, to include a
breakdown
of the quantity of each type of anti-personnel mine destroyed, in
accordance
with
Articles 4 and 5 , respectively, along with, if possible, the lot
numbers
of each type
of anti-personnel mine in the case of destruction in accordance with
Article
4;
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g) The types and quantities of all anti-personnel mines destroyed after
the
entry into force of this Convention for that State Party, to include a
breakdown
of the quantity of each type of anti-personnel mine destroyed, in
accordance
with
Articles 4 and 5 , respectively, along with, if possible, the lot
numbers
of each type
of anti-personnel mine in the case of destruction in accordance with
Article
4;
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h) The technical characteristics of each type of anti-personnel mine
produced,
to the extent known, and those currently owned or possessed by a State
Party,
giving, where reasonably possible, such categories of information as
may
facilitate
identification and clearance of anti-personnel mines; at a minimum,
this
information
shall include the dimensions, fusing, explosive content, metallic
content,
colour
photographs and other information which may facilitate mine clearance;
and
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h) The technical characteristics of each type of anti-personnel mine
produced,
to the extent known, and those currently owned or possessed by a State
Party,
giving, where reasonably possible, such categories of information as
may
facilitate
identification and clearance of anti-personnel mines; at a minimum,
this
information
shall include the dimensions, fusing, explosive content, metallic
content,
colour
photographs and other information which may facilitate mine clearance;
and
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ARTICLE-11: Meetings of the States Parties [go to this ARTICLE]