Minusma Regulation

Original Language Title: MINUSMA-Verordnung

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441. Federal Government Ordinance on the Powers of Persons (MINUSMA Regulation) sent to Mali to be used in the framework of MINUSMA

On the basis of § 6a (3) of the German Federal Foreign Service Act 2001 (AuslEG 2001), BGBl. I n ° 55, as last amended by the Federal Law BGBl. I Nr. 181/2013, in conjunction with § 2 para. 1 of the Federal Constitutional Law on Cooperation and Solidarity in the Posting of Units and Individuals to Abroad (KSE-BVG), BGBl. I n ° 38/1997 in the version of the Federal Law BGBl. I n ° 35/1998, shall be assigned in agreement with the main Committee of the National Council:

Tasks

§ 1. The tasks of the foreign mission according to § 1 Z 1 lit. a KSE-BVG in Mali within the framework of the "Multidimensional Integrated Stabilization Mission of the United Nations in Mali" (MINUSMA) from the area of responsibility of the Federal Minister for National Defense and Sport for the persons of the Federal Republic of Germany Security Council Resolutions 2100 (2013) of 25 April 2013 and 2227 (2015) of 29 June 2015, an international agreement between the United Nations and Mali ("UN-Mali Status of Forces Agreement") of 1 July 2013 and the other international regulations on which this is based. These tasks shall include:

1.

the stabilization of important population centres,

2.

the support of Mali in the restoration of state authority,

3.

support in the promotion of the national political dialogue and the electoral process;

4.

the protection of civilians and United Nations personnel,

5.

the creation of a secure environment for the delivery of humanitarian aid and for the return of internally displaced persons and refugees, and

6.

the support and monitoring of the existing ceasefire agreements.

Powers and resources

§ 2. (1) The data required for the performance of the tasks referred to in § 1, in particular the data necessary for the determination of identity of persons, may be processed and transmitted to those national and international needs for their Task fulfillment the data is required. This authorisation shall also apply to sensitive data.

(2) The institutions sent in each case may obtain information from those persons from which it is to be assumed that they may provide relevant information for the performance of the tasks in accordance with § 1.

(3) In order to enforce the following powers, direct coercive power may be applied by the institutions sent in each case, in so far as it is necessary for the performance of the tasks referred to in § 1:

1.

Provisional arrest of persons, if there are reasonable grounds for believing that the person is at risk for the performance of the duties or for the persons and objects to be insured,

2.

Searches of persons and vehicles to ensure weapons, ammunition and explosives and to disarm persons or groups,

3.

-ensuring weapons, ammunition and explosives;

4.

Termination of attacks, including any other necessary measures, against MINUSMA or other legal goods that are particularly protective in the context of the use, and

5.

Measures for the protection and protection of MINUSMA or other persons and property to be protected in the context of the use of the MINUSMA.

(4) In the exercise and enforcement of the individual powers, Section 4 of the Military Authorisation Act (MBG), BGBl. I No 86/2000, on the principle of proportionality. The special regulations in use pursuant to Section 18 (5) and § 19 (5) of the MBG may be applied in order to enforce the powers provided for in paragraphs 3 and 3 (1) to (8).

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