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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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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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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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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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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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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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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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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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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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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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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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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.
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ARTICLE-9: National implementation measures [go to this ARTICLE]
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Each State Party shall take all appropriate legal, administrative and
other
measures, including the imposition of penal sanctions, to prevent and
suppress
any
activity prohibited to a State Party under this Convention undertaken
by
persons or
on territory under its jurisdiction or control.
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ARTICLE-10: Settlement of disputes [go to this ARTICLE]
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1. The States Parties shall consult and cooperate with each other to
settle
any dispute
That may arise with regard to the application or the interpretation of
this Convention.
Each State Party may bring any such dispute before the Meeting of the
States
Parties.
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3. This Article is without prejudice to the provisions of this
Convention
on facilitation
and clarification of compliance.
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ARTICLE-11: Meetings of the States Parties [go to this ARTICLE]
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1. The States Parties shall meet regularly in order to consider any
matter
with
regard to the application or implementation of this Convention,
including:
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2. The First Meeting of the States Parties shall be convened by the
Secretary-General
of the United Nations within one year after the entry into force of
this
Convention. The
subsequent meetings shall be convened by the Secretary-General of the
United
Nations
annually until the first Review Conference.
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4. States not parties to this Convention, as well as the United
Nations,
other relevant international organizations or institutions, regional
organizations,
the International Committee of the Red Cross and relevant
non-governmental
organizations may be inv ited to attend these meetings as observers in
accordance
with the agreed Rules of Procedure.
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ARTICLE-12: Review Conferences [go to this ARTICLE]
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1. A Review Conference shall be convened by the Secretary-General of
the
United Nations five years after the entry into force of this
Convention.
Further
Review Conferences shall be convened by the Secretary-General of the
United
Nations if so requested by one or more States Parties, provided that
the
interval
between Review Conferences shall in no case be less than five years.
All
States
Parties to this Convention shall be invited to each Review Conference.
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1. A Review Conference shall be convened by the Secretary-General of
the
United Nations five years after the entry into force of this
Convention.
Further
Review Conferences shall be convened by the Secretary-General of the
United
Nations if so requested by one or more States Parties, provided that
the
interval
between Review Conferences shall in no case be less than five years.
All
States
Parties to this Convention shall be invited to each Review Conference.
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d) To adopt, if necessary, in its final report conclusions related to
the
implementation of this Convention.
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3. States not parties to this Convention, as well as the United
Nations,
other
relevant international organizations or institutions, regional
organizations,
the
International Committee of the Red Cross and relevant non-governmental
organizations may be inv ited to attend each Review Conference as
observers
in
accordance with the agreed Rules of Procedure.
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ARTICLE-13: Amendments [go to this ARTICLE]
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1. At any time after the entry into force of this Convention any State
Party may
propose amendments to this Convention. Any proposal for an amendment
shall
be communicated to the Depositary, who shall circulate it to all States
Parties and
shall seek their views on whether an Amendment Conference should be
convened to consider the proposal. If a majority of the States Parties
notify the
Depositary no later than 30 days after its circulation that they
support
further
consideration of the proposal, the Deposi tary shall convene an
Amendment
Conference to which all States Parties shall be invited.
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1. At any time after the entry into force of this Convention any State
Party may
propose amendments to this Convention. Any proposal for an amendment
shall
be communicated to the Depositary, who shall circulate it to all States
Parties and
shall seek their views on whether an Amendment Conference should be
convened to consider the proposal. If a majority of the States Parties
notify the
Depositary no later than 30 days after its circulation that they
support
further
consideration of the proposal, the Deposi tary shall convene an
Amendment
Conference to which all States Parties shall be invited.
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2. States not parties to this Convention, as well as the United
Nations,
other
relevant international organizations or institutions, regional
organizations,
the
International Committee of the Red Cross and relevant non-governmental
Organizations may be inv ited to attend each Amendment Conference as
observers in accordance with the agreed Rules of Procedure.
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4. Any amendment to this Convention shall be adopted by a majority of
two-thirds of the States Parties present and voting at the Amendment
Conference.
The Depositary shall communicate any amendment so adopted to the States
Parties.
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5. An amendment to this Convention shall enter into force for all
States
Parties to this Convention which have accepted it, upon the deposit
with
the
Depositary of instruments of acceptance by a majority of States
Parties.
Thereafter it shall enter into fo rce for any remaining State Party on
the
date of deposit of its instrument of acceptance.
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5. An amendment to this Convention shall enter into force for all
States
Parties to this Convention which have accepted it, upon the deposit
with
the
Depositary of instruments of acceptance by a majority of States
Parties.
Thereafter it shall enter into fo rce for any remaining State Party on
the
date of deposit of its instrument of acceptance.
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ARTICLE-14: Costs [go to this ARTICLE]
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1. The costs of the Meetings of the States Parties, the Special
Meetings
of the States Parties, the Review Conferences and the Amendment
Conferences
shall be borne by the States Parties and States not parties to this
Convention
participating therein, in ac cordance with the United Nations scale of
assessment adjusted appropriately.
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ARTICLE-15: Signature [go to this ARTICLE]
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This Convention, done at Oslo, Norway, on 18 September 1997,
shall be open for signature at Ottawa, Canada, by all States from 3
December
1997 until 4 December 1997, and at the United Nations Headquarters in
New York from 5 December 1997 until its entry in to force.
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ARTICLE-16: Ratification, acceptance, approval or accession [go to this ARTICLE]
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1. This Convention is subject to ratification, acceptance or approval
of the Signatories.
2. It shall be open for accession by any State which has not signed
the Convention.
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1. This Convention is subject to ratification, acceptance or approval
of the Signatories.
2. It shall be open for accession by any State which has not signed
the Convention.
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ARTICLE-17: Entry into force [go to this ARTICLE]
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1. This Convention shall enter into force on the first day of the
sixth month after the month in which the 40th instrument of
ratification,
acceptance, approval or accession has been deposited.
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2. For any State which deposits its instrument of ratification,
acceptance,
approval or accession after the date of the deposit of the 40th
instrument
of ratification, acceptance, approval or accession, this Convention
shall
enter into force on the first day of the sixth month after the date on
which
that State has deposited its instrument of ratification, acceptance,
approval or accession.
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ARTICLE-18: Provisional application [go to this ARTICLE]
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Any State may at the time of its ratification, acceptance, approval or
accession, declare that it will apply provisionally paragraph 1 of
Article
1
of this Convention pending its entry into force.
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ARTICLE-19: Reservations [go to this ARTICLE]
ARTICLE-20: Duration and withdrawal [go to this ARTICLE]
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1. This Convention shall be of unlimited duration.
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2. Each State Party shall, in exercising its national
sovereignty,
have
the right to withdraw from this Convention. It shall give notice of
such
withdrawal to all other States Parties, to the Depositary and to the
United
Nations Security Council. Such inst rument of withdrawal shall include
a full explanation of the reasons motivating this withdrawal.
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4. The withdrawal of a State Party from this Convention shall not in
any way affect the duty of States to continue fulfilling the
obligations
assumed under any relevant rules of international law.
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ARTICLE-21: Depositary [go to this ARTICLE]
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The Secretary-General of the United Nations is hereby
designated as the Depositary of this Convention.
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ARTICLE-22: Authentic texts [go to this ARTICLE]
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The original of this Convention, of which the Arabic, Chinese, English,
French, Russian and Spanish texts are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
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