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Military Personnel Mission Of Stabilization Of The Nations United In Haiti - Authorizes Departure - Full Text Of The Norm

Original Language Title: PERSONAL MILITAR MISION DE ESTABILIZACION DE LAS NACIONES UNIDAS EN HAITI - AUTORIZASE SALIDA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
MILITAR PERSONAL Law 26.408 Authorize the departure from the national territory of means, military and security personnel, to participate in the United Nations stabilization mission in Haiti (MINUSTAH). Sanctioned: August 20, 2008 Cast: September 9, 2008

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Authorize the departure from national territory of means, military and security personnel, as well as personnel for humanitarian and institutional, social and infrastructure development activities, to participate in the UNITED NATIONS ESTABILIZATION MISSION IN HAITI (MINUSTAH), according to the information detailed in Annex I, which is an integral part of this law. ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE MONTH OF AUGUST YEAR DOS MIL OCHO.

_

JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Annex I

Basic information for the authorization of the departure of national forces from the territory of the Nation

1. Type of activity to develop.

Participation in the United Nations ESTABLISHMENT MISSION EN HAITI (MINUSTAH), established as a peacekeeping operation to contribute to creating an environment of security and stability in the HAITI REPUBLIC.

2. Origin of the Project.

. UNITED NATIONS SAFETY Resolution 1542 (2004), adopted on 30 April 2004 on the question of the HAITI REPUBLIC, which in its operative paragraph 1 creates a new peace-keeping operation in the HAITI REPUBLIC (MINUSTAH), and subsequent resolutions on the extension of the Mandate, with the current effect being Resolution 1780 (2007).

Act No. 25,906, sanctioned by the NATIONAL CONGRESS on 16 June 2004, authorizing the departure of military means and personnel from the national territory to participate in the UNITED NATIONS ESTABLISHMENT MISSION IN HAITI (MINUSTAH).

Act No. 26.133, sanctioned by the NATIONAL CONGRESS on 9 August 2006, authorizing the departure of military means and personnel from the national territory to participate in the United Nations ESTABILIZATION MISSION in HAITI (MINUSTAH).

3. Basics of the objectives of the activity.

(a) Political.

I. Support for the constitutional political process in the HAITI REPUBLIC and the promotion of a peaceful and lasting solution to the crisis facing that country.

II. Confirmation of the commitment of the ARGENTINA REPUBLIC to the maintenance of international peace and security.

III. Reaffirmation of the State policy of national participation in peace operations authorized or established by the United Nations Organization.

(b) Strategic.

Ensuring an environment of security and stability that contributes to the maintenance of peace, respect for democracy, the rule of law, public order and human rights, and strengthening the capacity of the United Nations ESTABILIZATION MISSION EN HAITI (MINUSTAH) to create the conditions for implementing quick-impact projects in the development of the HAITI REPUBLIC, pursuant to Security Council Resolution 1780 (2007) of the United Nations Organization for Foreign Affairs and previous resolutions: 1743 (2007), 1702 (2006), 1658 (2006), 1608 (2005), 1576 (2004), 1542 (2004).

(c) Operational.

Continue the mission entrusted to the United Nations Mission for the Status of Women in Haiti (MINUSTAH), in accordance with the mandate approved by the United Nations Security Council, the recommendations of the Secretary-General of that Organization and the indications of the Special Representative of the Secretary-General for the United Nations Mission in Haiti (MINUSTAH).

To this end, the tasks to be undertaken by the mission are:

I. Contribute to creating an environment of security and stability throughout the territory of the HAITI REPUBLIC, supporting international assistance, in order to facilitate the constitutional political process under way in that country.

II. Assist the Government of the HAITI REPUBLIC in disarmament, demobilization and reintegration programmes for all armed groups.

III. Assist the Government of HAITI REPUBLIC in the reform, restructuring and training of the NATIONAL POLICY HAITIANA; in accordance with democratic principles.

IV. Assist in the reestablishment of the rule of law and public order through, inter alia, the provision of operational support to the NATIONAL POLICY HAITIANA and GUARDACOSTS SERVICE.

V. Protect the staff of the United Nations Organization, its facilities and equipment, ensure their freedom of movement and, without prejudice to the powers of the new elected government, protect civilians under imminent threat of physical violence, within the framework of the Mission ' s capabilities, and within its area of deployment.

VI. Support institutional development in the HAITI REPUBLIC through good offices and the promotion of the principles of good democratic governance.

VII. Contribute to the promotion of respect for human rights and gender equality and support the efforts of the Government of the HAITI REPUBLIC to promote national reconciliation.

VIII. Assist the Government of the HAITI REPUBLIC, within the capabilities of the Mission, in the investigation of human rights and international humanitarian law issues, in collaboration with the Office of the United Nations High Commissioner for Human Rights.

IX. Coordinate cooperation between the Government of the HAITI REPUBLIC and international agencies in the provision of humanitarian assistance and the access of international humanitarian workers to the Haitian population in need.

4. Setting up the activity.

(a) Place of realization.

HAITI REPUBLIC.

(b) Attempt dates of the discharge, duration of the activity.

As of July 2008 and for a term of up to DOS (2) years and as long as the United Nations Mission of ESTABILIZATION is maintained in the REPUBLIC HAITI (MINUSTAH) established by the Security Council of the United Nations Organization of Great Britain and Northern Ireland in successive resolutions and in accordance with article 10 of Act No. 25,880 and its regulatory decree No. 1157/2004.

(c) Participating countries.

They are currently part of MINUSTAH CUARENTA and UNA (41) nations, including the following Latin American countries: REPUBLIC OF BOLIVIA, FEDERAL REPUBLIC OF BRAZIL, REPUBLIC OF CHILE, REPUBLIC OF COLOMBIA, REPUBLIC OF ECUADOR, REPUBLIC OF THE SALVADOR, REPUBLIC OF GUATEMALA, REPUBLIC OF REPUBLIC OF THE FOR

(d) Deployment of troops and means.

I. Participating forces: ARGENTINE EJERCITO, ARGENTINA ARMADA, AEREA ARGENTINA FORCE, SECURITY AND POLICY FORCES.

II. Cash:

(a) A battalion of up to SETENTA CUATROCIENTS (470) troops, composed of members of the aforementioned ARMADA FORCES, and formed basically by a reinforced company of the ARGENTINO EJERCITO . including a joint logistic element with capacity to support the operations of the contingent y and a Marine Company of the ARMADA ARGENTINA.

(b) FFAA ' s assets to fill posts in the Mission ' s General Staff, as required by the United Nations Organization for Foreign Affairs.

(c) The executive branch may arrange for the restructuring of the contingent on the basis of the evolution of the situation in the HAITI REPUBLIC, the modifications in the Terms of Reference of the UNITED NATIONS ESTABILIZATION MISSION IN HAITI (MINUSTAH) and the corresponding agreements that are reached with the UNITED NATIONS ORGANIZATION, including personnel and materials of military engineers for the development of local infrastructure and activities aimed at effectively improving the security of personnel

(d) In the case of restructuring the contingent may be composed of one (1) formed police unit consisting of security forces and/or political forces

III. Media:

. UN (1) ARGENTINA ARMADA shipping vessel with its crew and air transport means of the AEREA ARGENTINA FORCE with its crew as elements of national support.

UN UN (1) relocation hospital level II/III with the material and personnel required to meet the commitments made to the United Nations Organization for Foreign Affairs, including the integration of specialized personnel from the Security Forces and/or the Public System of the United Nations

Cheers.

. DOS (2) helicopters with his crew.

Water treatment plants with their staff.

Equipment required for the operation, supply and maintenance of the contingent.

(e) Immunity.

Established by the Agreement on the Status of Forces between the United Nations and the Government of the RePUBLIC DE HAITI, who was subscribed after the adoption of Resolution 1542 (2004). In the event that the agreement is not signed, the Model Agreement relating to the Status of Forces of 9 October 1990 as contained in General Assembly document A/45/594 of the United Nations Organization shall be provisionally implemented. This document sets out the usual parameters for such operations, including immunity from absolute criminal jurisdiction of members of the military component of the peacekeeping operation and subjection to the exclusive jurisdiction of their respective national States.

(f) Approximate cost and funding source.

To be determined by participating institutions according to operational needs. However, it should be borne in mind that, as in all peacekeeping operations, the United Nations Organization of Great Britain and Northern Ireland is reintegrating into the country in the form of roads and equipment. Expenditures for the execution of this measure shall be met from the budget of the National Administration for the fiscal periods within the period of authorization of this law, with the allocation of the relevant provisions to jurisdiction 45 MINISTERY OF DEFENSA, Subjurisdiction 45.24 MINISTERY OF JUSTICE, PROGRAMME

The budgetary allocation of the entire financial period of the aforementioned ACTIVITY 11 shall be made in order to meet the costs of the deployment of DOS (2) ANNUAL CONTINGENTS, being completed during the first half of each fiscal year, with the objective of ensuring the operation in development, the normal operation of the system of return to the country and the deployment of the next contingent.

(g) Exemption of export rights (conf. Article 757, Apart. 1 and 2 (f) of Law 22,415 - Customs Code. Exempt the payment of the export right that encumbers the exports for the consumption of the means exported by the ARMED FORCES for the provisioning and refueling of the forces deployed abroad, in the framework of their participation in the UNITED NATIONS ESTABILIZATION MISSION in HAITI (MINUSTAH), provided for in this Law, and in accordance with the detail provided for in each case

(h) Exemption of the payment of import duties (Section 7 of the United Nations Convention on Immunity and Privileges). Exempt the payment of the import duty that encumbers the imports of the United Nations donated accessories to troop-contributing countries for the uniforms of the Blue Helmets personnel performing in the field of peace missions; composed of coils, caps, UN metal shield, UN cloth shield, neck scarve and bracelet.