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Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction
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compliance
[
Global Index
]
ARTICLE-8
: Facilitation and clarification of compliance [
go to this ARTICLE
]
...
Facilitation
and clarification of
compliance
...
... 1. The
States Parties
agree
to consult and
cooperate
with each other regarding the
implementation
of the
provisions
of this
Convention
, and to
work
together in a
spirit
of
cooperation
to
facilitate
compliance
by
States Parties
with their
obligations
under this
Convention
. ...
... 2. If one or more
States Parties
wish to clarify and
seek
to resolve
questions
relating to
compliance
with the
provisions
of this
Convention
by another
State Party
, it may submit, through the
Secretary-General of the United Nations
, a
Request
for Clarification of that matter to that
State Party
. Such a
request
shall be accompanied by all appropriate
information
. Each
State Party
shall
refrain
from unfounded
Requests
for Clarification,
care
being taken to
avoid
abuse
. A
State Party
that receives a
Request
fo r Clarification shall provide, through the
Secretary-General of the United Nations
, within 28
days
to the requesting
State Party
all
information
which would assist in clarifying this matter. ...
... 8. If further clarification is required, the
Meeting
of the
States Parties
or the
Special
Meeting
of the
States Parties
shall
authorize
a
fact-finding
mission
and
decide
on its
mandate
by a
majority
of
States Parties
present and
voting
. At any
time
the re quested
State Party
may invite a
fact-finding
mission
to its
territory
. Such a
mission
shall take
place
without a
decision
by a
Meeting
of the
States Parties
or a
Special
Meeting
of the
States Parties
to
authorize
such a
mission
. The
mission
, consisting of up to 9
experts
,
designated
and
approved
in
accordance
with paragraphs 9 and 10, may collect additional
information
on the spot or in other
places
directly related to the alleged
compliance
issue under the
jurisdiction
or
control
of the requested
State Party
. ...
... 12. Without
prejudice
to the
sovereignty
of the requested
State Party
, the
fact-finding
mission
may bring into the
territory
of the requested
State Party
the necessary
equipment
which shall be used
exclusively
for gathering
information
on the alleged
compliance
issue.
Prior
to its arrival, the
mission
will advise the requested
State Party
of the
equipment
that it intends to utilize in the course of its
fact-finding
mission
. ...
... 13. The requested
State Party
shall make all efforts to ensure that the
fact-finding
mission
is given the
opportunity
to speak with all
relevant
persons
who may be able to provide
information
related to the alleged
compliance
issue. ...
... 14. The requested
State Party
shall
grant
access
for the
fact-finding
mission
to all
areas
and
installations
under its
control
where
facts
relevant
to the
compliance
issue could be expected to be collected. This shall be
subject
to any
arrangements
that the requested
State Party
considers necessary for: ...
... c) The
physical protection
and
safety
of the
members
of the
fact-finding
mission
. In the
event
that the requested
State Party
makes such
arrangements
, it shall make every
reasonable
effort to demonstrate through alternative means its
compliance
with this
Convention
. ...
... 18. The
Meeting
of the
States Parties
or the
Special
Meeting
of the
States Parties
shall consider all
relevant
information
,
including
the
report
submitted by the
fact-finding
mission
, and may
request
the requested
State Party
to take
measures
to
address
the
compliance
issue within a specified
period
of
time
. The requested
State Party
shall
report
on all
measures
taken in response to this
request
. ...
ARTICLE-10
: Settlement of disputes [
go to this ARTICLE
]
... 3. This
Article
is without
prejudice
to the
provisions
of this
Convention
on
facilitation
and clarification of
compliance
. ...
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