Anti-Personnel Mines

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/16.03.pdf

Anti-Personnel Mines
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
48 of 2000

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–32 ..

ANTI-PERSONNEL MINES ACT

CHAPTER 16:03

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 16:03

ANTI-PERSONNEL MINES ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.

PART I

PRELIMINARY

2. Interpretation.
3. Purpose of the Act.

PART II

OFFENCES RELATING TO ANTI-PERSONNEL MINES
4. Prohibition with regard to anti-personnel mines.
5. Application of prohibition to places outside Trinidad and Tobago.
6. Conduct that is permitted.
7. Destruction of anti-personnel mines.
8. Search and destruction of prohibited objects.
9. Power to destroy prohibited objects.

PART III

FACT-FINDING MISSIONS UNDER
THE OTTAWA CONVENTION

10. Rights of entry, etc., for fact-finding missions.
11. Offences in connection with fact-finding missions.
12. Privileges and immunities for fact-finding missions.
13. Reimbursement of expediture.

PART IV

MISCELLANEOUS
14. Information and records for Ottawa Convention purposes.
15. Offences.
16. Customs and Excise proceedings.

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ARRANGEMENT OF SECTIONS—Continued

SECTION

17. Defences.
18. President may amend the Schedule.
19. Act to bind the State.

SCHEDULE.

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CHAPTER 16:03

ANTI-PERSONNEL MINES ACT

An Act to give effect to the Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on their Destruction in
Trinidad and Tobago.

[6TH NOVEMBER 2000]

1. This Act may be cited as the Anti-Personnel
Mines Act.

PART I

PRELIMINARY

2. In this Act—
“anti-personnel mine” has the meaning assigned in Article 2 of

the Ottawa Convention;
“a prohibited object” means an anti-personnel mine or any

component of an anti-personnel mine;
“fact-finding mission” means a fact-finding mission under

Article 8 of the Ottawa Convention;
“premises” includes land (including buildings) movable structures,

vehicles and aircraft;
“Ottawa Convention” means the Convention on the Prohibition

of the Use, Stockpiling, Production and Transfer of Anti-
Personnel Mines and on their Destruction which was signed
by Trinidad and Tobago on 4th December 1997 set out in
the Schedule to this Act;

“Minister” means the Minister to whom responsibility for the
subject of national security is assigned;

“Permanent Secretary” means the Permanent Secretary to the
Ministry responsible for national security;

48 of 2000.

Commencement.
26/2000.

Short title.

Interpretation.

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“transfer” has the meaning assigned to it in Article 2 of the
Ottawa Convention.

3. The purpose of this Act is to give effect to the Ottawa
Convention in Trinidad and Tobago.

PART II

OFFENCES RELATING TO ANTI-PERSONNEL MINES

4. (1) Subject to section 6, no person shall—
(a) use an anti-personnel mine;
(b) develop or produce an anti-personnel mine;
(c) participate in the acquisition of a prohibited

object;
(d) have a prohibited object in his possession; or
(e) participate in the transfer of a prohibited object.

(2) No person shall assist, encourage or induce any other
person to engage in any conduct mentioned in subsection (1).

5. (1) Section 4 applies to conduct in Trinidad and Tobago
or elsewhere.

(2) Conduct outside Trinidad and Tobago and assistance,
encouragement and inducements outside Trinidad and Tobago
impose prohibitions only on nationals of Trinidad and Tobago.

6. (1) In proceedings for an offence under section 4 it is a
defence for the accused to prove that his conduct was prevented
from being a contravention of that section by the provisions of
this section.

(2) It is not a contravention of section 4 for a person to
participate in the transfer of a prohibited object if—

(a) he does so with the intention that it will be used
only for purposes permitted by subsection (7); and

(b) the transfer in question is authorised by the
Permanent Secretary for the purposes of
this subsection.

Purpose of
the Act.

Prohibition
with regard
to anti-personnel
mines.

Application of
prohibition to
places outside
Trinidad and
Tobago.

Conduct that
is permitted.

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(3) It is not a contravention of section 4 for a person—
(a) to participate in the transfer of a prohibited

object for the purpose only of enabling it to be
destroyed; or

(b) to have such an object in his possession for the
purpose only (with or without such a transfer) of
securing its destruction.

(4) It is not a contravention of section 4 for a person to
have a prohibited object in his possession if—

(a) he has it in his possession with the intention that
it will be used only for purposes permitted by
subsection (7); and

(b) it is an object which the Permanent Secretary has
authorised him for the purposes of this subsection
to have in his possession.

(5) It is not a contravention of section 4 for a person to
participate in the acquisition of a prohibited object if—

(a) the acquisition that has been made, agreed or
arranged is an acquisition by means of a transfer
which is permitted by virtue of subsection (2)
or (3); and

(b) he participates in that acquisition—
(i) with the intention that the object will be

used only for purposes permitted by
subsection (7); or

(ii) for the purpose (with or without a further
transfer) of enabling the object to be
destroyed.

(6) It is not a contravention of section 4 for a person at
any time to assist, encourage or induce any conduct if, at that time,
he has reasonable cause to believe—

(a) that the conduct in question is conduct which
is or will be prevented by the provisions of
this section from being a contravention of
section 4; or

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(b) that it would be so prevented if it were not
otherwise prevented from being such a
contravention.

(7) The purposes permitted by this subsection are—
(a) the development of techniques of mine detection,

mine clearance or mine destruction;
(b) training in techniques of mine detection, mine

clearance or mine destruction; and
(c) the purposes of any proceedings under this Act

or of any criminal investigation or other criminal
proceedings in which the anti-personnel mine in
question is or may be evidence.

(8) No person shall be authorised by the Permanent
Secretary for the purposes of subsection (2) or (4) to transfer, or to
have in his possession, any anti-personnel mine of any description
in numbers in excess of what is necessary for the purposes permitted
by subsection (7).

7. (1) A person who is in possession of any anti-personnel
mines shall, within ten days of the commencement of this Act,
furnish the Permanent Secretary with a list of anti-personnel mines
in his possession setting out the purpose for which they are kept.

(2) The Permanent Secretary shall determine the quantity
to be destroyed on such day, at such place and time and under the
supervision of such person as may be determined by the
Permanent Secretary.

(3) A person who destroys anti-personnel mines in
pursuance of subsection (1) shall, within five days of such
destruction, furnish the Permanent Secretary with a written
breakdown of the quantity of each type of anti-personnel
mines destroyed.

(4) A person who contravenes the provisions of
subsection (1) commits an offence and on summary conviction
shall be liable to a fine of fifty thousand dollars and to imprisonment
for seven years.

Destruction of
anti-personnel
mines.

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8. (1) If the Permanent Secretary has grounds to suspect that
an object is a prohibited object, and it does not appear to him that
the only persons in possession of that object are persons whose
possession of the object is prevented from being a contravention
of section 4 by the provisions of section 6, the Permanent Secretary
may serve a notice—

(a) to any person who appears to the Permanent
Secretary to have the object; and

(b) to any person not falling within paragraph (a)
who appears to the Permanent Secretary to have
an interest which the Permanent Secretary
believes will be materially affected by the service
of the notice,

to have the object destroyed or show cause why they should not be
destroyed within seven days of such notice.

(2) If any person who is served with the notice fails to
destroy the object or fails to show cause commits an offence and
on conviction is liable to a fine of fifty thousand dollars and to
imprisonment for seven years.

(3) If the Permanent Secretary has cause to believe—
(a) that a prohibited object is on premises to which

the public has access or which are occupied by a
person who consents to action being taken under
this section;

(b) that the case is not one where the only persons in
possession of that object are persons whose
possession of the object is prevented from being
a contravention of section 4 by virtue of
section 6,

the Permanent Secretary may authorise a fit and proper person to
enter the premises and to search them.

(4) If (whatever the nature of the premises concerned) a
Magistrate is satisfied, on information on oath, that there is
reasonable cause to believe that there are grounds for issuing a
warrant under this section in relation to any premises, he may issue

Search and
destruction of
prohibited
objects.

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a warrant in writing authorising a fit and proper person acting under
the authority of the Permanent Secretary to enter the premises, if
necessary by force, at any time within one month from the time of
the issue of the warrant and to search them.

(5) A person who acts under an authorisation or
warrant under subsection (3) or (4) may take with him such other
persons and such equipment as appear to him necessary.

(6) If a person enters premises under an authorisation
or warrant under subsection (3) or (4) and a prohibited object
is found there, he may make the object safe by the disconnection
of a detonator or otherwise seize and remove it if it is
reasonably practicable.

9. (1) Prohibited objects removed from any premises
in pursuance of section 8 shall be destroyed on such day at such
place and such time as may be determined by the Permanent
Secretary.

(2) Where prohibited objects are removed from any
premises in pursuance to section 8(6) for destruction the occupier
of the premises shall be liable on summary conviction to a fine of
fifty thousand dollars and for imprisonment for seven years.

PART III

FACT-FINDING MISSIONS UNDER
THE OTTAWA CONVENTION

10. (1) (a) If it is proposed that any of the functions of
fact-finding missions should be carried out in Trinidad and Tobago,
the President in consultation with the Minister of National
Security may issue an authorisation under this section in respect
of that mission.

(b) Before issuing the authorisation the President
shall direct the Permanent Secretary to obtain from the Magistrate
a warrant to search private property within the area that the fact-
finding mission is likely to inspect or search.

Power to
destroy
prohibited
objects.

Rights of entry,
etc., for fact-
finding
missions.

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(2) An authorisation under this section shall—
(a) contain a description of the area of Trinidad and

Tobago (the “specified area”) in which the fact-
finding mission is to carry out its function; and

(b) state the names of the members of the mission.

(3) Such an authorisation shall have the effect of
authorising the members of the fact-finding mission—

(a) to exercise within the specified area such rights
of access, entry and unobstructed inspection as
are required for the purposes of the carrying out
of the mission’s function under the Ottawa
Convention; and

(b) to do such other things within that area in
connection with the carrying out of the mission’s
functions as they are entitled to do by virtue of
that Convention.

(4) Such an authorisation shall, in addition, have the effect
of authorising any police officer to give such assistance as any
member of the fact-finding mission may request for the purpose
of facilitating the carrying out of the functions of the mission in
accordance with the Ottawa Convention.

(5) Any police officer giving assistance in accordance
with subsection (4) may use such reasonable force as he considers
necessary for the purpose mentioned in that subsection.

(6) The occupier of—
(a) any premises in relation to which it is proposed

to exercise a right of entry in reliance on an
authorisation under this section; or

(b) any premises on which an inspection is being
carried out in reliance on such an authorisation,

or a person acting on behalf of the occupier of any such premises,
shall be entitled to require a copy of the authorisation to be shown
to him by a member of the fact-finding mission.

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(7) The validity of any authorisation purporting to be
issued under this section in respect of any fact-finding mission
shall not be called in question in any Court of law at any time
before the conclusion of the carrying out of the mission’s functions
in Trinidad and Tobago.

(8) Accordingly, where an authorisation purports to be
issued under this section in respect of any fact-finding mission, no
proceedings (of whatever nature) shall be brought at any time before
the conclusion of the carrying out of the mission’s function in
Trinidad and Tobago if those proceedings would, if successful,
have the effect of preventing, delaying or otherwise affecting the
carrying out of the mission’s functions.

(9) If in any proceedings any question arises whether a
person at any time was, or was not, a member of any fact-finding
mission, a certificate issued by or under the authority of the
President stating any fact relating to that question shall be
conclusive evidence of that fact.

(10) If any authorisation is issued under this section,
the President may issue an amendment varying the specified
area, and—

(a) from the time when the amendment is expressed
to take effect this section shall apply as if the
specified area were the area as varied;

(b) subsections (7) and (8) shall apply to the
amendment as they apply to the authorisation;

(c) the President may issue further amendments
varying the specified area and in such a case
paragraphs (a) and (b) shall apply.

11. (1) A person is guilty of an offence if—
(a) he refuses without reasonable excuse to comply

with any request made by a member of an
authorised fact-finding mission or by a police
officer assisting such a mission; and

Offences in
connection with
fact-finding
missions.

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(b) that request is one made for the purpose of
facilitating the carrying out by that mission of its
functions under the Ottawa Convention.

(2) A person is guilty of an offence if he wilfully obstructs
any member of an authorised fact-finding mission in the carrying
out of the mission’s functions under the Ottawa Convention.

(3) A person guilty of an offence under this section
is liable—

(a) on summary conviction, to a fine of ten thousand
dollars; and

(b) on conviction on indictment, to a fine of fifty
thousand dollars.

(4) In this section “authorised fact-finding mission” means
a fact-finding mission in respect of which an authorisation has
been issued under section 9.

12. (1) Members of a fact-finding mission shall enjoy—
(a) immunity from suit and legal process in respect

of things done or omitted to be done by them in
the carrying out of their functions under the
Ottawa Convention;

(b) the like immunity from personal arrest or
detention and the like inviolability for all papers
and documents as, in accordance with the 1961
Articles, are accorded to a diplomatic agent; and

(c) the like exemptions and privileges in respect of
their personal baggage as, in accordance with
Article 36 of the 1961 Articles, are accorded to a
diplomatic agent.

(2) The immunities, privileges and exemptions accorded
to members of fact-finding missions by virtue of subsection (1)(b)
and (c) shall be enjoyed by them at any time when they are in
Trinidad and Tobago—

(a) for the purpose of carrying out in Trinidad and
Tobago any of the functions of the mission; or

Privileges and
immunities for
fact-finding
missions.

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(b) while in transit to or from a country or territory
in connection with the carrying out, in that
country or territory, of any of the functions of
the mission.

(3) If any of the immunities, privileges or exemptions
accorded to a member of a fact-finding mission under this section
is waived in any particular case by the Secretary-General of the
United Nations, this section shall have effect in that case as if it
did not confer that immunity, privilege or exemption on that
member of the mission.

(4) If in any proceedings a question arises whether a
person is or is not entitled to any immunity, privilege or exemption
by virtue of this section, a certificate issued by or under the authority
of the Permanent Secretary stating any fact relating to that question
shall be conclusive evidence of that fact.

(5) In this section “the 1961 Articles” means the Articles
which are set out in the First Schedule to the Privileges and
Immunities Diplomatic, Consular and International Organisations
Act. (Articles of Vienna Convention on Diplomatic Relations of
1961 having the force of law in Trinidad and Tobago).

13. The Minister of Finance in consultation with the Prime
Minister may reimburse any person, in respect of expenditure
incurred in connection with the carrying out of the functions of a
fact-finding mission.

PART IV

MISCELLANEOUS

14. (1) The Permanent Secretary may, by notice served
on any person, require him to give, in such form and within
such reasonable period as is specified in the notice, such
information as the Permanent Secretary has reasonable cause
to believe is or will be needed in connection with anything to be
done for the purposes of the Ottawa Convention and is described
in the notice.

Ch. 17:01.

Reimbursement
of expenditure.

Information and
records for
Ottawa
Convention
purposes.

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(2) The Permanent Secretary may, by notice served on
any person, require him to keep such records as—

(a) the Permanent Secretary has reasonable cause to
believe will facilitate the giving of information
which that person may at any time be required to
give under subsection (1); and

(b) are specified in the notice.

(3) A person who without reasonable excuse fails to
comply with a notice served on him under subsection (1) or (2) is
guilty of an offence and liable—

(a) on summary conviction, to a fine of five thousand
dollars; and

(b) on conviction on indictment, to a fine of fifty
thousand dollars.

(4) A person on whom a notice is served under
subsection (1) and who knowingly makes a false or misleading
statement in response to it is guilty of an offence and liable—

(a) on summary conviction, to a fine of ten thousand
dollars; and

(b) on conviction on indictment, to imprisonment
for a term not exceeding two years or to a fine or
to both.

(5) All information required to be furnished to the
Secretary-General of the United Nations under the Ottawa
Convention shall be furnished by the Minister.

15. (1) Any person who contravenes the provisions of this
Act or who assists, encourages or induces, in any way, any other
person to engage in any activity prohibited under section 4
commits an offence and on conviction on indictment is liable to a
fine of fifty thousand dollars and to imprisonment for seven years.

(2) Proceedings for an offence under this Act shall not
be instituted except by or with the consent of the Director of
Public Prosecutions.

Offences.

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(3) Nothing in subsection (2) shall prevent the arrest, or
the issue of a warrant for the arrest, of any person in respect of any
offence under this Act, or the remanding in custody or on bail of
any person charged with any such offence.

16. Subject to section 15(2) proceedings for an offence under
section 4 may be instituted by Order of the Comptroller of Customs
and Excise if it appears to him that the offence has involved—

(a) the movement of a prohibited object into or out
of any country or territory; or

(b) any proposal or attempt to move a prohibited
object into or out of any country or territory.

17. (1) In proceedings for an offence under section 4(1)(a),
(c), (d) or (e) relating to an object it is a defence for the accused
to prove that, at the time of the conduct in question, he neither
knew nor suspected, nor had reason to suspect, that it was a
prohibited object.

(2) In proceedings for an offence under section 4(2) it is
a defence for the accused to prove that at the time when he assisted,
encouraged or induced the conduct in question, he neither knew
nor suspected, that the conduct related, nor might relate, to a
prohibited object.

(3) In any proceedings for an offence under section 9(2)
it shall be a defence for the accused to prove that he did not know
that any object found in his premises was a prohibited object.

18. The President may by Order amend the Schedule when
Trinidad and Tobago becomes a party to any amendments made to
the Convention.

19. This Act shall bind the State.

Customs and
Excise
proceedings.

Defences.

President may
amend the
Schedule.

Act to bind
the State.

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SCHEDULE

CONVENTION ON THE PROHIBITION OF THE USE,
STOCKPILING, PRODUCTION AND TRANSFER OF
ANTI-PERSONNEL MINES AND ON THEIR
DESTRUCTION

PREAMBLE

The States Parties,

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,

Believing it necessary to do their utmost to contribute in an efficient and
co-ordinated manner to face the challenge of removing anti-personnel mines
placed throughout the world, and to assure their destruction,

Wishing to do their utmost in providing assistance for the care and
rehabilitation, including the social and economic reintegration of mine victims,

Recognising that a total ban on anti-personnel mines would also be an
important confidence-building measure,

Welcoming the adoption of the Protocol on Prohibitions or Restrictions
on the Use of Mines, Booby-Traps and Other Devices, as amended on
3rd 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,

Welcoming also United Nations General Assembly Resolution 51/45 S
of 10th 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 land mines,

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,

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 recognising the effort to that end undertaken by the International Red Cross

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and Red Crescent Movement, the International Campaign to Ban Land Mines
and numerous other non-governmental organisations around the world,

Recalling the Ottawa Declaration of 5th October, 1996 and the Brussels
Declaration of 27th 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,

Emphasising the desirability of attracting the adherence of all States to this
Convention, and determined to work strenuously towards the promotion of its
universalisation in all relevant fora including, inter alia, the United Nations,
the Conference on Disarmament, regional organisations, 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 principles 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.

Have agreed as follows:

ARTICLE 1

General Obligations

1. Each State Party undertakes never under any circumstances:
(a) to use anti-personnel mines;
(b) to develop, produce, otherwise acquire, stockpile, retain or

transfer to anyone, directly or indirectly, anti-personnel mines;
(c) to assist, encourage or induce, in any way, anyone to

engage in any activity prohibited to a State Party under
this Convention.

2. Each State Party undertakes to destroy or ensure the destruction of all
anti-personnel mines in accordance with the provisions of this Convention.

ARTICLE 2

Definitions

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

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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.

2. “Mine” means a munition designed to be placed under, on or near the
ground or other surface area and to be exploded by the presence, proximity or
contact of a person or a vehicle.

3. “Anti-handling device” means a device intended to protect a mine and
which is part of, linked to, attached to or placed under the mine and which
activates when an attempt is made to tamper with or otherwise intentionally
disturb the mine.

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.

5. “Mined area” means an area which is dangerous due to the presence
or suspected presence of mines.

ARTICLE 3

Exceptions

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.

2. The transfer of anti-personnel mines for the purpose of destruction
is permitted.

ARTICLE 4

Destruction of Stockpiled Anti-personnel Mines

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 years 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

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.

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 3rd 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.

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 deadlines for completing the
destruction of such anti-personnel mines, for a period of up to ten years.

4. Each request shall contain:
(a) the duration of the proposed extension;
(b) a detailed explanation of the reasons for the proposed

extension, including:
(i) the preparation and status of work conducted under

national demining programmes;
(ii) the financial and technical means available to the

State Party for the destruction of all the anti-personnel
mines; and

(iii) circumstances which impede the ability of the State
Party to destroy all the anti-personnel mines in
mined areas;

(c) the humanitarian, social, economic and environmental
implications of the extension; and

(d) any other information relevant to the request for the
proposed extension.

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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.

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.

ARTICLE 6

International Co-operation and Assistance

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.

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.

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 programmes. Such assistance may be provided, inter
alia, through the United Nations system, international, regional or national
organisations or institutions, the International Committee of the Red Cross,
national Red Cross and Red Crescent societies and their International Federation,
non-governmental organisations, or on a bilateral basis.

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 organisations or
institutions, non-governmental organisations 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.

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.

7. States Parties may request the United Nations, regional organisations,
other States Parties or other competent inter-governmental or non-governmental
fora to assist its authorities in the elaboration of a national demining programme
to determine, inter alia—

(a) the extent and scope of the anti-personnel mine problem;
(b) the financial, technological and human resources that are

required for the implementation of the programme;
(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;

(d) mine awareness activities to reduce the incidence of mine-
related injuries or deaths;

(e) assistance to mine victims;
(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 programme.

8. Each State Party giving and receiving assistance under the provisions
of this Article shall co-operate with a view to ensuring the full and prompt
implementation of agreed assistance programmes.

ARTICLE 7

Transparency Measures

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:

(a) the national implementation measures referred to in Article 9;
(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;

(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

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regarding the type and quantity of each type of anti-personnel
mine in each mined area and when they were emplaced;

(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 authorised by a State
Party to retain or transfer anti-personnel mines, in accordance
with Article 3;

(e) the status of programme for the conversion or de-
commissioning of anti-personnel mine production facilities;

(f) the status of programmes 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;

(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;

(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

(i) the measures taken to provide an immediate and effective
warning to the population in relation to all areas identified
under paragraph 2 of Article 5.

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 30th April
of each year.

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

1. The States Parties agree to consult and co-operate with each other
regarding the implementation of the provisions of this Convention, and to work
together in a spirit of co-operation 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 or 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 for 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.

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 Secretary-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.

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.

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 of this 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.

7. All States Parties shall co-operate 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 authorised in
accordance with paragraph 8.

8. If further clarification is required, the Meeting of the States Parties or
the Special Meeting of the States Parties shall authorise a fact-finding mission
and decide on its mandate by a majority of States Parties present and voting.
At any time the requested 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 authorise 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.

9. The Secretary-General of the United Nations shall prepare and update
a list of the names, nationalities and other relevant data of qualified experts
provided by States Parties and communicate it to all States Parties. Any expert
included on this list shall be regarded as designated for all fact-finding missions
unless a State Party declares its non-acceptance in writing. In the event of
non-acceptance, the expert shall not participate in fact-finding missions on the
territory or any other place under the jurisdiction or control of the objecting
State Party, if the non-acceptance was declared prior to the appointment of the
expert to such missions.

10. Upon receiving a request from the Meeting of the States Parties or a
Special Meeting of the States Parties, the Secretary-General of the United Nations
shall, after consultations with the requested State Party, appoint the members of
the mission, including its leader. Nationals of States Parties requesting the
fact-finding mission or directly affected by it shall not be appointed to the
mission. The members of the fact-finding mission shall enjoy privileges and
immunities under Article VI of the Convention of the Privileges and Immunities
of the United Nations, adopted on 13th February, 1946.

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11. Upon at least 72 hours notice, the members of the fact-finding mission
shall arrive in the territory of the requested State Party at the earliest opportunity.
The requested State Party shall take the necessary administrative measures to
receive, transport and accommodate the mission, and shall be responsible for
ensuring the security of the mission to the maximum extent possible while they
are on territory under its control.

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 utilise 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:

(a) the protection of sensitive equipment, information and areas;
(b) the protection of any constitutional obligations the requested

State Party may have with regard to proprietary rights, searches
and seizures, or other constitutional rights; or

(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.

15. The fact-finding mission may remain in the territory of the State Party
concerned for no more than 14 days, and at any particular site no more than
7 days, unless otherwise agreed.

16. All information provided in confidence and not related to the subject
matter of the fact-finding mission shall be treated on a confidential basis.

17. The fact-finding mission shall report, through the Secretary-General
of the United Nations, to the Meeting of the States Parties or the Special Meeting
of the States Parties the results of its findings.

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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.

19. The Meeting of the States Parties or the Special Meeting of the States
Parties may suggest to the States Parties concerned ways and means to further
clarify or resolve the matter under consideration, including the initiation of
appropriate procedures in conformity with international law. In circumstances
where the issue at hand is determined to be due to circumstances beyond the
control of the requested State Party, the Meeting of the States Parties or the
Special Meeting of the States Parties may recommend appropriate measures,
including the use of co-operative measures referred to in Article 6.

20. The Meeting of the States Parties or the Special Meeting of the
States Parties shall make every effort to reach its decisions referred to in
paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States
Parties present and voting.

ARTICLE 9

National Implementation Measures

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.

ARTICLE 10

Settlement of Disputes

1. The States Parties shall consult and co-operate 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.

2. The Meeting of the States Parties may contribute to the settlement
of the dispute by whatever means it deems appropriate, including offering
its good offices, calling upon the States Parties to a dispute to start the
settlement procedure of their choice and recommending a time-limit for any
agreed procedure.

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3. This Article is without prejudice to the provisions of this Convention
on facilitation and clarification of compliance.

ARTICLE 11

Meetings of the States Parties

1. The States Parties shall meet regularly in order to consider any matter
with regard to the application or implementation of this Convention, including:

(a) the operation and status of this Convention;
(b) matters arising from the reports submitted under the provisions

of this Convention;
(c) international co-operation and assistance in accordance with

Article 6;
(d) the development of technologies to clear anti-personnel mines;
(e) submissions of States Parties under Article 8; and
(f) decisions relating to submissions of States Parties as provided

for in Article 5.

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.

3. Under the conditions set out in Article 8, the Secretary-General of the
United Nations shall convene a Special Meeting of the States Parties.

4. States not parties to this Convention, as well as the United Nations,
other relevant international organisations or institutions, regional organisations,
the International Committee of the Red Cross and relevant non-governmental
organisations may be invited to attend these meetings as observers in accordance
with the agreed Rules of Procedure.

ARTICLE 12

Review Conferences

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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2. The purposes of the Review Conference shall be—
(a) to review the operation and status of this Convention;
(b) to consider the need for and the interval between further

Meetings of the States Parties referred to in paragraph 2 of
Article 11;

(c) to take decisions on submissions of States Parties as provided
for in Article 5; and

(d) to adopt, if necessary, in its final report conclusions related to
the implementation of this Convention.

3. States not parties to this Convention, as well as the United Nations,
other relevant international organisations or institutions, regional organisations,
the International Committee of the Red Cross and relevant non-governmental
organisations may be invited to attend each Review Conference as observers in
accordance with the agreed Rules of Procedure.

ARTICLE 13

Amendments

1. At any time after 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 Depository, 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 Depository no later than 30 days after its circulation that they support further
consideration of the proposal, the Depository shall convene an Amendment
Conference to which all States Parties shall be invited.

2. States not parties to this Convention, as well as the United Nations,
other relevant international organisations or institutions, regional organisations,
the International Committee of the Red Cross and relevant non-governmental
organisations may be invited to attend each Amendment Conference as observers
in accordance with the agreed Rules of Procedure.

3. The Amendment Conference shall be held immediately following a
Meeting of the States Parties or a Review Conference unless a majority of the
States Parties request that it be held earlier.

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 Depository 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
Depository of instruments of acceptance by a majority of States Parties.
Thereafter it shall enter into force for any remaining State Party on the date of
deposit of its instrument of acceptance.

ARTICLE 14

Costs

1. The cost of the Meetings of the States Parties, the Special Meeting 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 accordance with the United Nations scale of assessment
adjusted appropriately.

2. The costs incurred by the Secretary-General of the United Nations
under Articles 7 and 8 and the costs of any fact-finding mission shall be borne
by the States Parties in accordance with the United Nations scale of assessment
adjusted appropriately.

ARTICLE 15

Signature

This Convention, done at Oslo, Norway, on 18th September, 1997, shall be
open for signature at Ottawa, Canada, by all States from 3rd December, 1997
until 4th December, 1997, and at the United Nations Headquarters in New York
from 5th December, 1997 until its entry into force.

ARTICLE 16

Ratification, Acceptance, Approval or Accession

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.

3. The instruments of ratification, acceptance, approval or accession shall
be deposited with the Depository.

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ARTICLE 17

Entry into Force

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.

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.

ARTICLE 18

Provisional Application

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.

ARTICLE 19

Reservations

The Articles of this Convention shall not be subject to reservations.

ARTICLE 20

Duration and Withdrawal

1. This Convention shall be of unlimited duration.

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 Depository and to the United Nations Security
Council. Such instrument of withdrawal shall include a full explanation of the
reasons motivating this withdrawal.

3. Such withdrawal shall only take effect six months after the receipt of
the instrument of withdrawal by the Depository. If, however, on the expiry of
that six-month period, the withdrawing State Party is engaged in an armed
conflict, the withdrawal shall not take effect before the end of the armed conflict.

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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.

ARTICLE 21

Depository

The Secretary-General of the United Nations is hereby designated as the
Depository of this Convention.

ARTICLE 22

Authentic Texts

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.

UNOFFICIAL VERSION


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