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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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The States Parties,
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Welcoming the adoption of 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, and calling for the early ratification of this
Protocol by all States
which have not yet done so,
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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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Emphasizing the desirability of attracting the adherence of all States
to this Convention,
and determined to work strenuously towards the promotion of its
universalization
in
all relevant fora including, inter alia, the United Nations, the
Conference
on Disarmament,
regional organizations, and groupings, and review conferences of 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,
Basing themselves on the principle of international humanitarian law
that
the right of the
parties to an armed conflict to choose methods or means of warfare is
not
unlimited,
on the principle that prohibits the employment in armed conflicts of
weapons,
projectiles
and materials and methods of warfare of a nature to cause superfluous
injury
or
unnecessary suffering and on the principle that a distinction must be
made
between
civilians and combatants,
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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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c) To assist, encourage or induce, in any way, anyone to engage in any
activity prohibited
to a State Party under this Convention.
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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-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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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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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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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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5. The Meeting of the States Parties or the Review Conference shall,
taking
into consideration the factors contained in paragraph 4, assess the
request
and decide by a majority of votes of States Parties present and voting
whether to grant the request for an extension period.
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5. The Meeting of the States Parties or the Review Conference shall,
taking
into consideration the factors contained in paragraph 4, assess the
request
and decide by a majority of votes of States Parties present and voting
whether to grant the request for an extension period.
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6. Such an extension may be renewed upon the submission of a new
request in accordance with paragraphs 3, 4 and 5 of this Article. In
requesting a further extension period a State Party shall submit
relevant
additional information on what has been undertaken in the previous
extension period pursuant to this Article.
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ARTICLE-6: International cooperation and assistance [go to this ARTICLE]
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1. In fulfilling its obligations under this Convention each State Party
has
the right to seek and receive assistance, where feasible, from other
States
Parties to the extent possible.
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1. In fulfilling its obligations under this Convention each State Party
has
the right to seek and receive assistance, where feasible, from other
States
Parties to the extent possible.
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2. Each State Party undertakes to facilitate and shall have the right
to
participate in the fullest possible exchange of equipment, material and
scientific and technological information concerning the implementation
of this Convention. The States Parties shall not impose undue
restrictions
on the provision of mine clearance equipment and related technological
information for humanitarian purposes.
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2. Each State Party undertakes to facilitate and shall have the right
to
participate in the fullest possible exchange of equipment, material and
scientific and technological information concerning the implementation
of this Convention. The States Parties shall not impose undue
restrictions
on the provision of mine clearance equipment and related technological
information for humanitarian purposes.
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3. Each State Party in a position to do so shall provide assistance for
the
care and rehabilitation, and social and economic reintegration, of mine
victims and for mine awareness programs. Such assistance may be
provided, inter alia, through the United Nations system, international,
regional or national organizations or institutions, the International
Committee of the Red Cross, national Red Cross and Red Crescent
societies and their International Federation, non-governmental
organizations,
or on a bilateral basis.
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4. Each State Party in a position to do so shall provide assistance for
mine
clearance and related activities. Such assistance may be provided,
inter
alia,
through the United Nations system, international or regional
organizations
or
institutions, non-governmental organizations or institutions, or on a
bilateral
basis, or by contributing to the United Nations Voluntary Trust Fund
for
Assistance in Mine Clearance, or other regional funds that deal with
demining.
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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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6. Each State Party undertakes to provide information to the database
on
mine clearance established within the United Nations system, especially
information concerning various means and technologies of mine
clearance,
and lists of experts, expert agencies or national points of contact on
mine clearance.
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7. States Parties may request the United Nations, regional
organizations,
other States
Parties or other competent intergovernmental or non-governmental fora
to
assist its
authorities in the elaboration of a national demining program to
determine,
inter alia:
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7. States Parties may request the United Nations, regional
organizations,
other States
Parties or other competent intergovernmental or non-governmental fora
to
assist its
authorities in the elaboration of a national demining program to
determine,
inter alia:
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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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f) The relationship between the Government of the concerned State Party
and the
relevant governmental, inter-governmental or non-governmental entities
that will
work in the implementation of the program.
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8. Each State Party giving and receiving assistance under the
provisions
of this
Article shall cooperate with a view to ensuring the full and prompt
implementation
of agreed assistance programs.
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ARTICLE-7: Transparency measures [go to this ARTICLE]
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1. Each State Party shall report to the Secretary-General of the United
Nations
as soon as practicable, and in any event not later than 180 days after
the entry
into force of this Convention for that State Party on:
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1. Each State Party shall report to the Secretary-General of the United
Nations
as soon as practicable, and in any event not later than 180 days after
the entry
into force of this Convention for that State Party on:
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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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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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2. The information provided in accordance with this Article shall be
updated
by
the States Parties annually, covering the last calendar year, and
reported
to the
Secretary-General of the United Nations not later than 30 April of each
year.
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3. The Secretary-General of the United Nations shall transmit all
such reports received to the States Parties.
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ARTICLE-8: Facilitation and clarification of compliance [go to this ARTICLE]
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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3. If the requesting State Party does not receive a response through
the
Secretary-General of the United Nations within that time period,
or deems
the response to the Request for Clarification to be unsatisfactory,
it
may submit
the matter through the Secr etary-General of the United Nations to the
next
Meeting of the States Parties. The Secretary-General of the
United
Nations shall
transmit the submission, accompanied by all appropriate
information
pertaining
to the Request for Clarification, to all States Parties. All such
information
shall
be presented to the requested State Party which shall have the right to
respond.
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3. If the requesting State Party does not receive a response through
the
Secretary-General of the United Nations within that time period,
or deems
the response to the Request for Clarification to be unsatisfactory,
it
may submit
the matter through the Secr etary-General of the United Nations to the
next
Meeting of the States Parties. The Secretary-General of the
United
Nations shall
transmit the submission, accompanied by all appropriate
information
pertaining
to the Request for Clarification, to all States Parties. All such
information
shall
be presented to the requested State Party which shall have the right to
respond.
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3. If the requesting State Party does not receive a response through
the
Secretary-General of the United Nations within that time period,
or deems
the response to the Request for Clarification to be unsatisfactory,
it
may submit
the matter through the Secr etary-General of the United Nations to the
next
Meeting of the States Parties. The Secretary-General of the
United
Nations shall
transmit the submission, accompanied by all appropriate
information
pertaining
to the Request for Clarification, to all States Parties. All such
information
shall
be presented to the requested State Party which shall have the right to
respond.
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3. If the requesting State Party does not receive a response through
the
Secretary-General of the United Nations within that time period,
or deems
the response to the Request for Clarification to be unsatisfactory,
it
may submit
the matter through the Secr etary-General of the United Nations to the
next
Meeting of the States Parties. The Secretary-General of the
United
Nations shall
transmit the submission, accompanied by all appropriate
information
pertaining
to the Request for Clarification, to all States Parties. All such
information
shall
be presented to the requested State Party which shall have the right to
respond.
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4. Pending the convening of any meeting of the States Parties, any of
the
States Parties concerned may request the Secretary-General of the
United
Nations to exercise his or her good offices to facilitate the
clarification
requested.
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4. Pending the convening of any meeting of the States Parties, any of
the
States Parties concerned may request the Secretary-General of the
United
Nations to exercise his or her good offices to facilitate the
clarification
requested.
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5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
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5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
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5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
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5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
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...
5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
...
...
5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
...
...
5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
...
...
5. The requesting State Party may propose through the Secretary-General
of the
United Nations the convening of a Special Meeting of the States
Parties
to
consider the matter. The Secretary-General of the United Nations shall
thereupon
communicate this proposal and all information submitted by the States
Parties
concerned, to all States Parties with a request that they indicate
whether
they favour
a Special Meeting of the States Parties, for the purpose of
considering
the matter.
In the event that within 14 days from the date of such
communication,
at least one-third
of the States Parties favours such a Special Meeting, the
Secretary-General
of the
United Nations shall convene this Special Meeting of the States Parties
within a
further 14 days. A quorum for t his Meeting shall consist of a majority
of States Parties.
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...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
6. The Meeting of the States Parties or the Special Meeting of the
States
Parties, as
the case may be, shall first determine whether to consider the
matter
further, taking
into account all information submitted by the States Parties concerned.
The Meeting
of the States Parties or the Special Meeting of the States Parties
shall
make every
effort to reach a decision by consensus. If despite all efforts to that
end no
agreement has been reached, it shall take this decision by a majority
of
States
Parties present and voting.
...
...
7. All States Parties shall cooperate fully with the Meeting of the
States
Parties
or the Special Meeting of the States Parties in the fulfilment of
its review of the
matter, including any fact-finding missions that are authorized
in
accordance
with paragraph8.
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