Minusma Regulation

Original Language Title: MINUSMA-Verordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2015_II_441/BGBLA_2015_II_441.html

441 Ordinance of the Federal Government over the powers of the persons delegated to the foreign deployment in the context of MINUSMA to Mali (MINUSMA Regulation)

On the basis of Article 6a par. 3 of the foreign usage Act 2001 (AuslEG 2001), Federal Law Gazette I no. 55, as last amended by Federal Law Gazette I no. 181/2013, in conjunction with § 2 par. 1 of the Federal Constitutional Act on cooperation and solidarity in sending units and individuals abroad (KSE-BVG), Federal Law Gazette I no. 38/1997 as amended by Federal Law Gazette I no. 35/1998 , is prescribed in consultation with the Policy Committee of the National Council:


§ 1. The tasks of foreign used according to § 1 Z 1 lit. a KSE-BVG to Mali in the framework of the multidimensional integrated the United Nations "Stabilization Mission in Mali" (MINUSMA) from the area of competence of the Federal Ministry for defence and sports, outgoing people are based on the resolutions of the Security Council of 2100 (2013) from 25 April 2013 and 2227 (2015) of the 29 June 2015, an international agreement between the United Nations and Mali ("UN Mali status of forces agreement") by July 1, 2013, as well as the other international regulations underlying this overseas deployment. These tasks include in particular: 1 stabilization important population centres, 2. Mali support for the restoration of the State authority, 3. assisting in the promotion of the national dialogue and the electoral process, 4. the protection of civilians and the staff of the United Nations, 5. creating a safe environment for the performance of humanitarian aid and the return of internally displaced persons and refugees and 6 supporting and monitoring the existing ceasefire agreement.

Powers and resources

The required data, in particular the data necessary for the identification of persons, may 2 (1) for the fulfilment of the tasks according to § 1 processed and are transmitted to those national and international agencies, the data are required for the fulfilment of their tasks. This authorization applies to sensitive data.

(2) each delegated bodies may obtain information by those persons, that is, they can give useful hints for the fulfilment of the tasks referred to in paragraph 1.

(3) to enforce the following powers direct coercive power may be applied through each delegated bodies, as far as it is necessary for the fulfilment of the tasks referred to in paragraph 1: 1. provisional detention of persons, if there is sufficient reason to believe that a danger for the fulfilment of tasks or otherwise assumes this person to be protected persons and things, 2. searches of people and vehicles to ensure weapons , Ammunition and explosives and legal interests to be protected particularly for disarmament of individuals or groups, 3. ensuring of weapons, ammunition and explosives, 4. termination by attacks, including other required measures against MINUSMA or any other part of the Insert, and 5.
Measures to protect and back up MINUSMA or any other part of the insert of to protected persons or objects.

(4) in the exercise and enforcement of individual powers is section 4 of the military authority Act (MBG), Federal Law Gazette I no. 86/2000, concerning the principle of proportionality to be applied. The special schemes in use according to § 18 paragraph 5 and article 19, par. 5 MBG may be applied to enforce the powers according to para 3 Z 1 to 8.

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