Posted the: 2012-10-29 Numac: 2012015181 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE September 1, 2012. -Law concerning consent to the Optional Protocol to the Convention on the safety of United Nations and associated personnel, done at New York on 8 December 2005 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Optional Protocol to the Convention on the safety of United Nations and associated personnel, done at New York on 8 December 2005, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels September 1, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
Bill tabled on May 23, 2012, no. 5 - 1630/1.
Report on behalf of the Committee, no. 5-1630/2.
Discussion, meeting of June 28, 2012.
Vote, meeting of June 28, 2012.
House of representatives: Documents.
Draft transmitted by the Senate, no. 53-2316/1.
Report on behalf of the Committee, no. 53-2316/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2316/3.
Discussion, meeting of July 19, 2012.
Vote, meeting of July 19, 2012.
Optional Protocol to the Convention on the safety of United Nations and associated personnel.
States Parties to the present Protocol, recalling the terms of the Convention on the safety of United Nations and associated personnel, done at New York on 9 December 1994, deeply concerned by the repeated attacks against the personnel of United Nations and associated personnel, aware that having regard to the particular risks to which exposed personnel involved in operations of the United Nations carried out for the purpose of providing humanitarian assistance or political or a development assistance in the context of the peacebuilding and emergency humanitarian assistance, it is appropriate to expand the scope of legal protection under the Convention for such personnel, convinced of the need for an effective regime to bring to justice the perpetrators of attacks against United Nations personnel and associated personnel participating in United Nations operations , Have agreed as follows: Article I relationship between this Protocol and the Convention this Protocol supplements the Convention on the safety of United Nations and associated personnel, done at New York on 9 December 1994 (hereinafter 'the Convention'), and, between the Parties to this Protocol, the Convention and this Protocol shall be read and interpreted together as a single instrument.
Article II Application of the Convention to the operations of the United Nations 1.
In addition to the operations defined in paragraph (c) of article 1 of the Convention, the Parties to this Protocol apply the Convention to all other operations of the United Nations established by a competent organ of the United Nations, in accordance with the Charter of United Nations, and under the authority and control of the United Nations for the purposes: has) to assist humanitarian or political (, or assistance to development in the context of the consolidation of peace, or b) to provide emergency humanitarian assistance.
2. paragraph 1 shall not apply to the permanent offices of the United Nations, such as the headquarters of the organization or its specialized agencies seats, established under an agreement with the United Nations.
3. a host State may declare to the Secretary-General of the Organization of the United Nations that it will not apply the provisions of this Protocol to an operation referred to in paragraph (b) of paragraph 1 of article II conducted solely to respond to a natural disaster. Such a statement is made prior to the deployment of the operation.
Article III Obligation of States Parties in relation to the application of article 8 of the Convention the obligation of States Parties to the present Protocol with regard to the application of article 8 of the Convention to the operations of the United Nations as defined in article II of this Protocol is without prejudice to their right to take action in the exercise of national jurisdiction with respect to any member of the staff of the United Nations or associated personnel who violates their laws and regulations, provided that such measures do not violate any of their international legal obligations.
Article IV Signature this Protocol shall be open for signature by all States at the headquarters of the United Nations during the twelve month period from 16 January 2006 to 16 January 2007.
Article V consent to be bound 1. The present Protocol is subject to ratification, acceptance or approval by the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
2. after January 16, 2007, this Protocol shall be open for accession by any non-signatory. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
3. any State not party to the Convention may ratify, accept or approve this Protocol or accede provided they ratify, accept or approve the Convention, or to accede in accordance with articles 25 and 26 of this at the same time.
Article VI entry into force 1. This Protocol shall enter into force thirty days after the date of deposit with the Secretary-General of the United Nations of 22 instruments of ratification, acceptance, approval or accession.
2. for each State ratifying, accepting or approving this Protocol or acceding after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force the thirtieth day following the date of deposit by such State of its instrument of ratification, acceptance, approval or accession.
Article VII denunciation 1. Any State party may denounce this Protocol by written notification addressed to the Secretary general of the United Nations.
2. the denunciation shall take effect one year after the date on which the Secretary-General of the United Nations has received such notification.
Article VIII texts being faith the original of this Protocol, 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, which shall forward certified copies thereof to all States.
MADE in New York, December eight, two thousand five.
Law on consent to the Optional Protocol to the Convention on the safety of United Nations and associated personnel, done at New York on 8 December 2005 States Date Authentication Type of consent Date consent entry local force Germany 13/09/2006 Ratification 17/12/2007-19/08/2010 Australia 19/09/2006 indeterminate Austria 14/03/2006 Ratification 01/10/2007-19/08/2010 Azerbaijan 26/09/2006 Ratification 18 / 03 / 2010-19 / 08 / 2010 Belgium
15/09/2006 ratification 03/10/2012 02/11/2012 Bolivia 03/08/2006 unknown Bosnia-Herzegovina accession 10-01-2009 19/08/2010 BOTSWANA membership 2007-06-13 08-19-2010 Bulgaria 20/09/2006 Chile 2006-09-15 indeterminate Cyprus 13/09/2006 2006indetermine-09-20 South Korea indeterminate indeterminate Denmark accession 20/04/2011-20/05/2011 Dominican Republic accession 16/03/2012 15/04/2012 Spain 19/09/2006 Ratification 27/09/2007-19/08/2010
Finland 15/01/2007 FRANCE membership 2008-08-08 08-19-2010 GUATEMALA membership 11/11/2008 19/08/2010 Jamaica accession 05/05/2009-19/08/2010 KENYA 01-12-2007 Ratification 12/01/2007-19/08/2010 Lebanon 14/03/2006 LIBERIA indeterminate indeterminate LIECHTENSTEIN 21/09/2006 16/01/2006 Ratification 05/04/2007-19/08/2010 LUXEMBOURG 16/01/2006 indeterminate MALI 05/01/2007 Ratification 11-05-2009 08-19-2010 MONACO accession 19 indeterminate. 04/2007-19/08/2010 Norway 20/01/2006 approval 24/02/2006 19/08/2010 New Zealand 20/09/2006 Ratification 09/20/2011-20/10/2011 Netherlands 19/09/2006 acceptance 2007-09-12 2010-08-19 Poland 15/09/2006 Ratification 01/11/2010 01/12/2010 Romania 20/09/2006 unknown UK accession 20/07/2010-19/08/2010 Central African Republic 27/02/2006 SIERRA LEONE 21/09/2006 indeterminate indeterminate Singapore membership 2011-04-25 25. 05/2011 Slovakia 22/09/2006 Ratification 05/07/2007-19/08/2010 Slovenia 13/10/2006 Ratification 20/04/2009-19/08/2010 Sweden 07/07/2006 Ratification 30/08/2006 19/08/2010 Switzerland 19/09/2006 Ratification 09/11/2007-19/08/2010 SENEGAL 17/01/2006 unknown Czech REP. 20/09/2006 ratification 09/23/2008 19/08/2010 Tunisia 19/09/2006 Ratification 31/01/2008 19/08/2010 UKRAINE 19/09/2006 indeterminate URUGUAY 15/09/2006 unknown