belgiquelex.be - Carrefour Bank of Legislation

13 DECEMBER 2009. - Assent to the Convention on Cluster Munitions, made in Dublin on 30 May 2008 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on Cluster Munitions, held in Dublin on 30 May 2008, will bring its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 13 December 2009.
ALBERT
By the King:
Minister of Foreign Affairs,
S. VANACKERE
Minister of Justice,
S. DE CLERCK
Minister of Defence,
P. DE CREM
Seal of the state seal:
Minister of Justice,
S. DE CLERCK
Notes
(1) 2008-2009 and 2009-2010 session.
Senate:
Documents. - Bill tabled on 15/09/2009, No. 4-1419/1. - Report, No. 4-1419/2.
Annales parliamentarians. - Discussion and voting. Session of October 29, 2009.
Chamber:
Documents. - Project transmitted by the Senate, No. 52-2232/1. - Report made on behalf of the commission, No. 52-2232/2. - Text adopted in plenary and subject to Royal Assent, No. 52-2232/3.
Annales parliamentarians. - Discussion and voting. Session of December 3, 2009.
(2) See Decree of the Flemish Region of 8 May 2009 (Belgian Monitor of 3 August 2009), Decree of the Walloon Region of 26 November 2009 (Belgian Monitor of 3 December 2009), Order of the Brussels Capital Region of 27 November 2009 (Belgian Monitor of 2 February 2010 (Ed. 2).

CONVENTION
Convention on Cluster Munitions
States parties to this Convention,
Deeply concerned that civilian populations and civilians continue to be the most severely affected by armed conflict,
Determined to permanently stop the suffering and loss of life caused by the use of cluster munitions at the time of their employment, when they do not work as intended or when they are abandoned,
Concerned that the remnants of cluster munitions kill or maim civilians, including women and children, hinder economic and social development, including through the loss of livelihoods, hinder rehabilitation and post-conflict reconstruction, delay or prevent the return of refugees and internally displaced persons, may have adverse consequences on national efforts and
Deeply concerned also at the dangers posed by important national stockpiles of cluster munitions retained for operational use, and determined to ensure the rapid destruction of such stocks,
Convinced that it is necessary to truly contribute in an effective and coordinated manner to solve the problem of the removal of cluster munition remnants spread throughout the world and to ensure its destruction,
Determined to ensure the full realization of the rights of all victims of cluster munitions, and recognizing their inherent dignity,
Determined to do everything in their power to provide assistance to victims of cluster munitions, including medical care, rehabilitation and psychological support, and to ensure their social and economic integration,
Recognizing the need to provide assistance to victims of cluster munitions taking into account age and gender, and addressing the special needs of vulnerable groups,
Bearing in mind the Convention on the Rights of Persons with Disabilities, which requires, inter alia, that States parties to this Convention undertake to guarantee and promote the full enjoyment of all human rights and fundamental freedoms by all persons with disabilities without discrimination on the basis of disability,
Aware of the need to adequately coordinate the efforts undertaken in various forums to examine the rights and needs of victims of different types of weapons, and determined to avoid discrimination among victims of different types of weapons,
Reaffirming that, in cases not covered by this Convention or by other international agreements, civil persons and combatants remain under the protection of the principles of the law of people, as they result from established uses, the principles of humanity and the demands of public consciousness,
Determined also that armed groups distinct from the armed forces of a State should not, under any circumstances, be permitted to engage in any prohibited activity of a State party to that Convention,
Welcoming the great international support for the international rule banning anti-personnel mines, enshrined in the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction,
Welcoming also the adoption of the Protocol on Explosive Remnants of War, 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 its entry into force on 12 November 2006, and wishing to improve the protection of civilians from the effects of cluster munition remnants in post-conflict situations,
Bearing in mind also United Nations Security Council Resolution 1325 on Women, Peace and Security and United Nations Security Council Resolution 1612 on Children in Armed Conflict,
Welcoming also the measures taken at the national, regional and global levels in recent years to prohibit, limit or suspend the use, storage, production and transfer of cluster munitions,
Emphasizing the role of public awareness in advancing the principles of humanity as evidenced by the call for the end of the suffering of civilians caused by cluster munitions and recognizing the efforts made to that end by the United Nations, the International Committee of the Red Cross, the Coalition against Cluster Munitions and many other non-governmental organizations around the world,
Reaffirming the Declaration of the Oslo Conference on Cluster Munitions, by which States, among other things, recognized the serious consequences of the use of cluster munitions and pledged to conclude, by 2008, a legally binding instrument that would prohibit the use, production, transfer and storage of cluster munitions that would cause unacceptable damage to civilians
Emphasizing the usefulness of encouraging the accession of all States to this Convention and determined to work vigorously to encourage universalization and its full implementation,
Based on the principles and rules of international humanitarian law, in particular the principle that the right of parties to an armed conflict to choose methods or means of war is not unlimited, and the rules that require that parties to a conflict must at all times distinguish between the civilian population and combatants, as well as between civilian objects and military objectives, and therefore direct their operations only against military objectives; that military operations must be carried out by constantly ensuring that the civilian population, civilians and civilian assets are saved; and that the civilian population and civil persons enjoy general protection against the dangers resulting from military operations,
The following agreed:
Article 1^er
General obligations and scope
1. Each State Party undertakes to never, under any circumstances:
(a) Use of cluster munitions;
(b) Develop, produce, otherwise acquire, store, store or transfer to anyone, directly or indirectly, cluster munitions;
(c) To assist, encourage or incite anyone to engage in any activity prohibited to a State Party under this Convention.
2. Paragraph 1^er This section applies, mutatis mutandis, to small explosive bombs that are specifically designed to be dispersed or released from a disperser attached to an aircraft.
3. This Convention does not apply to mines.
Article 2
Definitions
For the purposes of this Convention:
1. "The victims of cluster munitions" means all persons who have been killed or suffered physical or psychological harm, material loss, social marginalization or a substantial violation of their rights following the use of cluster munitions; victims of cluster munitions include persons directly affected by cluster munitions and their families and community affected;
2. The term "submunition weapon" means a conventional ammunition designed to disperse or release explosive submunitions, each weighing less than 20 kilograms, and includes these explosive submunitions. It does not mean:
(a) A munition or submunition designed to launch illuminating artifices, fumigens, pyrotechnic artifices or lures, or an ammunition designed exclusively for anti-aircraft defence purposes;
(b) A munition or submunition designed to produce electrical or electronic effects;
(c) A munition that, in order to avoid the indiscriminate effects on an area and the risks posed by unexploded submunitions, has all the following characteristics:
(i) Each munition contains less than ten explosive submunitions;
(ii) Each explosive submunition weighs more than four kilograms;
(iii) Each explosive submunition is designed to detect and attack a single object target;
(iv) Each explosive submunition is equipped with an electronic self-destruction mechanism;
(v) Each explosive submunition is equipped with an electronic self-deactivation device;
3. "explosive submunition" means a conventional ammunition that, in order to perform its function, is dispersed or released by a cluster munition and is designed to function by detonating an explosive charge before impact, at the time of impact, or after impact;
4. It is understood by "undermunition weapon that has failed" a cluster weapon that has been fired, dumped, launched, projected or otherwise triggered and should have dispersed or released its explosive submunitions but has not done so;
5. "Unexploded submunition" means an explosive submunition that was dispersed or released by a cluster munition weapon, or was separated from it in any other way and should have exploded but did not;
6. "Abandoned cluster munitions" means cluster munitions or explosive submunitions that have not been used and have been left on site or dumped, and are no longer under the control of the party that left them on site or thrown them. Dropped cluster munitions may have been prepared for use or not;
7. "Cluster munition remnants" means cluster munitions that have failed, cluster munitions abandoned, unexploded submunitions and small unexploded ordnance bombs;
8. The "transfer" implies, in addition to the material withdrawal of cluster munitions from the territory of a State or their material introduction to that of another State, the transfer of ownership and control over such cluster munitions, but not the transfer of a territory containing remnants of cluster munitions;
9. The "self-destruction mechanism" means an automatic operation mechanism incorporated in the munition, which is added to the initial firing mechanism of the munition, and which ensures the destruction of the munition to which it is incorporated;
10. "autodeactivation" means the automatic process that makes the munition inoperative by the irreversible exhaustion of an element, for example a battery, essential to the operation of the munition;
11. "Cluster munition contaminated area" means an area where the presence of cluster munition remnants is proven or suspected;
12. "mine" means an equipment designed to be placed under or on the ground or another surface, or nearby, and to explode because of the presence, proximity or contact of a person or vehicle;
13. A conventional ammunition, weighing less than 20 kilograms, which is not self-propelled and is dispersed or released by a disperser to be able to perform its function, and is designed to function by detonating an explosive charge prior to impact, at the time of impact, or after impact;
14. A "dispersor" means a container that is designed to disperse or release small explosive bombs and remains attached to an aircraft when these bombs are dispersed or released;
15. A small unexploded explosive bomb means a small explosive bomb that was dispersed, released by a disperser or separated from it in any other way and should have exploded but did not.
Article 3
Stockpiling and destruction
1. Each State Party, in accordance with national regulations, shall separate all cluster munitions under its jurisdiction and control of munitions retained for operational use and shall mark them for destruction.
2. Each State Party undertakes to destroy all cluster munitions referred to in paragraph 1^er of this article, or to ensure their destruction, as soon as possible, and no later than eight years after the entry into force of this Convention for that State Party. Each State Party undertakes to ensure that destruction methods comply with international standards for the protection of public health and the environment.
3. If a State party does not believe that it can destroy all cluster munitions referred to in paragraph 1^er of this article, or to ensure their destruction, within eight years of the entry into force of this Convention for that State Party, it may submit to a Assembly of States Parties or to a Review Conference a request for an extension, up to four years, of the time limit for the complete destruction of such cluster munitions. A State Party may, in exceptional circumstances, request additional extensions for up to four years. Requests for extensions shall not exceed the number of years strictly necessary for the fulfilment by that State of its obligations under paragraph 2 of this article.
4. The extension request must include:
(a) The duration of the proposed extension;
(b) A detailed explanation justifying the proposed extension, including the financial and technical means available to or required by the State party for the destruction of all cluster munitions referred to in paragraph 1^er and, where appropriate, exceptional circumstances justifying such an extension;
(c) A plan setting out the modalities for the destruction of stocks and the date on which it will be completed;
(d) The quantity and type of cluster munitions and explosive submunitions held during this entry into force of this Convention for that State Party, and other cluster munitions and explosive submunitións discovered after the entry into force;
(e) The quantity and type of cluster munitions and explosive submunitions destroyed during the period referred to in paragraph 2 of this article; and
(f) The quantity and type of cluster munitions and explosive submunitions remaining to be destroyed during the proposed extension and expected annual destruction.
5. The Assembly of States Parties, or the Review Conference, taking into account the factors set out in paragraph 4 of this article, shall assess the request and shall decide by a majority of the States Parties present and voting whether or not to grant the extension period. States Parties, if appropriate, may decide to grant a shorter extension than requested and may propose criteria for extension. An extension request must be submitted at least nine months before the meeting of the Assembly of States Parties or the Review Conference to consider this request.
6. Notwithstanding the provisions of Article 1^er of this Convention, the conservation or acquisition of a limited number of cluster munitions and explosive submunitions for development and training related to the detection, removal or destruction of cluster munitions and explosive submunitions, or for the development of cluster munitions countermeasures, are permitted. The quantity of explosive submunitions retained or acquired shall not exceed the minimum number absolutely necessary for these purposes.
7. Notwithstanding the provisions of Article 1^er of this Convention, the transfer of cluster munitions to another State Party for the purpose of their destruction, or for all purposes described in paragraph 6 of this article, is authorized.
8. States Parties maintaining, acquiring where transferring cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this article shall submit a detailed report on the current and envisaged use of such cluster munitions and explosive submunitions, as well as their type, quantity and lot number. If arms to, submunitions and explosive submunitions are transferred for these purposes to another State Party, the report should include a reference to the State Party receiving them. This report should be prepared for each year in which a State party has retained, acquired or transferred cluster munitions or explosive submunitions and be transmitted to the Secretary-General of the United Nations no later than 30 April of the following year.
Article 4
Depollution and destruction of cluster munition remnants and risk reduction education
1. Each State Party undertakes to remove and destroy cluster munition remnants in cluster munitions contaminated areas and under its jurisdiction or control, or to ensure their removal and destruction, as follows:
(a) Where remnants of cluster munitions are located in areas under its jurisdiction or control at the date of the entry into force of this Convention for that State Party, such removal and destruction shall be completed as soon as possible, but not later than ten years after that date;
(b) When, after the entry into force of this Convention for that State Party, cluster munitions have become cluster munition remnants located in areas under its jurisdiction or control, such removal and destruction must be completed as soon as possible, but not later than ten years after the end of active hostilities in which such cluster munitions have become remnants of arms under a cluster of cluster munitions; and
(c) When the State party has implemented any of the obligations set out in paragraphs (a) and (b) of this paragraph, the State Party shall submit a declaration of conformity to the Assembly of the following States Parties.
2. By fulfilling the obligations set out in paragraph 1^er of this Article, each State Party shall take as soon as possible the following measures, taking into account the provisions of Article 6 of this Convention relating to international cooperation and assistance:
(a) Conduct a review of the threat posed by cluster munition remnants, assess it, record the information about it, make every effort to identify all cluster munition contaminated areas under its jurisdiction or control;
(b) Appreciating and prioritizing needs in terms of marking, protection of the civilian population, clean-up and destruction, and taking steps to mobilize resources and develop a national plan for the implementation of these activities, based, where appropriate, on existing structures, experiences and methodologies;
(c) take all possible steps to ensure that all areas under its jurisdiction or control contaminated with cluster munitions are marked throughout their scope, monitored and protected by a fence or other means in order to effectively prevent civilians from entering. Warning signals using easily recognizable marking methods by the affected community should be used to mark areas suspected to be hazardous. Signals and other devices for marking the limits of a hazardous area should, as far as possible, be visible, legible, durable and environmentally resistant and should clearly indicate on which side of the limits is the area contaminated by cluster munitions and on which side it is considered that there is no danger;
(d) Remove and destroy all remaining cluster munitions in areas under its jurisdiction or control; and
(e) Dispensing a risk reduction education to sensitize civilians living inside or around cluster munitions-contaminated areas to the dangers of these remains.
3. In carrying out the activities referred to in paragraph 2 of this Article, each State Party shall take into account international standards, including International Mine Action Standards (IMAS, International Mine Action Standards)
4. This paragraph applies in cases where cluster munitions have been used or abandoned by a State Party prior to the entry into force of this Convention for that State Party and have become cluster munition remnants in areas under the jurisdiction or control of another State Party at the time of the entry into force of this Convention for that State Party.
(a) In such cases, at the time of the entry into force of this Convention for the two States Parties, the first State Party is strongly encouraged to provide, inter alia, technical, financial, material or human resources assistance to the other State Party, either on a bilateral basis or through a third party chosen by mutual agreement, including through the United Nations agencies or other relevant organizations, in order to facilitate the marking, the removal of such weapons shall remain
(b) This assistance will include, where available, information on the types and quantities of cluster munitions used, the precise locations of cluster munitions impacts and areas in which cluster munition remnants are established.
5. If a State Party does not consider it possible to remove and destroy all remaining cluster munitions referred to in paragraph 1^er of this Article, or to ensure their removal and destruction, within ten years of the entry into force of this Convention for that State Party, it may submit to the Assembly of States Parties or to a Review Conference a request for an extension of the time limit for the removal and complete destruction of such remnants of cluster munitions for a period not exceeding five years. The request for an extension shall not exceed the number of years strictly necessary for the execution by that State of its obligations under paragraph 1^er of this article.
6. Any request for an extension shall be submitted to a Assembly of States Parties where a Review Conference shall be held before the expiry of the period referred to in paragraph 1 of this Article for that State Party. An extension request must be submitted at least nine months before the meeting of the Assembly of States Parties or the Review Conference to consider this request. The application must include:
(a) The duration of the proposed extension;
(b) Detailed explanations of the reasons for the proposed extension, including the financial and technical means available to the State party and required by the State party to proceed with the removal and destruction of all remaining cluster munitions during the proposed extension;
(c) The preparation of future work and the state of progress of those already carried out under national clean-up and clearance programmes during the initial ten-year period referred to in paragraph 1^er and subsequent extensions;
(d) The total area of the area containing remnants of cluster munitions at the time of the entry into force of this Convention for that State Party and any other area containing remnants of cluster munitions discovered after this entry into force;
(e) The total area of the area containing remnants of cluster munitions depolluted after the entry into force of this Convention;
(f) The total area of the area containing remnants of cluster munitions remaining to be depolated during the proposed extension;
(g) The circumstances that have limited the ability of the State party to destroy all remnants of cluster munitions located in areas under its jurisdiction or control during the initial ten-year period referred to in paragraph 1^er of this article and those that might prevent the State from doing so during the proposed extension;
(h) The humanitarian, social, economic and environmental consequences of the proposed extension; and
(i) Any other relevant information relating to the proposed extension.
7. The Assembly of States Parties, or the Review Conference, taking into account the factors set out in paragraph 6 of this article, including, inter alia, the amount of cluster munition remnants indicated, assesses the request and decides by a majority of the States parties present and voting whether or not to grant the extension period. States Parties, if appropriate, may decide to grant a shorter extension than requested and may propose criteria for extension.
8. Such an extension may be renewed for a maximum of five years, upon presentation of a new application in accordance with paragraphs 5, 6 and 7 of this article. The State party will attach to its request for an additional extension of the relevant additional information on what has been undertaken during the previous extension period granted under this article.
Article 5
Victim assistance
1. Each State Party shall provide sufficient assistance to victims of cluster munitions in areas under its jurisdiction or control, and in accordance with applicable international humanitarian law and international human rights law, taking into account age and gender, including medical care, rehabilitation and psychological support, as well as social and economic integration. Each State Party will make every effort to collect relevant reliable data concerning victims of cluster munitions.
2. By fulfilling its obligations under paragraph 1^er of this article, each State Party shall:
(a) Assess the needs of cluster munitions victims;
(b) Develop, implement and enforce all necessary national regulations and policies;
(c) Develop a national plan and budget, including the estimated time required to carry out these activities, with a view to integrating them into the frameworks and mechanisms related to disability, development and human rights, while respecting the specific role and contribution of relevant actors;
(d) Undertake actions to mobilize national and international resources;
(e) Do not discriminate against or among victims of cluster munitions, or between victims of cluster munitions and persons who have suffered injuries or disabilities resulting from other causes; differences in treatment should be based solely on medical, rehabilitation, psychological or social-economic needs;
(f) See closely and actively involve the victims and organizations representing them;
(g) Designate a point of contact within the Government for the coordination of issues relating to the implementation of this article; and
(h) Efforts to integrate relevant guidelines and good practices, including in the areas of medical care and rehabilitation, psychological support, as well as social and economic integration.
Article 6
International cooperation and assistance
1. By fulfilling its obligations under this Convention, each State Party has the right to seek and receive assistance.
2. Each State Party that is in a position to do so will provide technical, material and financial assistance to States parties affected by cluster munitions with a view to implementing the obligations of this Convention. Such assistance may be provided, inter alia, through United Nations agencies, international, regional or national organizations or institutions, non-governmental organizations or institutions or on a bilateral basis.
3. Each State Party undertakes to facilitate the widest possible exchange of equipment, scientific and technological information relating to the application of this Convention and has the right to participate in such exchange. The States Parties shall not impose undue restrictions on the provision or receipt, for humanitarian purposes, of clean-up equipment or other, as well as technological information relating to such equipment.
4. In addition to any obligation it may have under Article 4, paragraph 4, of this Convention, each State Party that is in a position to do so shall provide assistance in the clearance and destruction of cluster munition remnants and information on various means and technologies for the clearance of cluster munitions, and lists of experts, specialized agencies or national contact points
5. Each State Party that is in a position to do so will provide assistance for the destruction of cluster munitions stockpiles and will also provide assistance in identifying, assessing and prioritizing the needs and practical measures related to marking, education in risk reduction, protection of civilians, clean-up and destruction provided for in Article 4 of this Convention.
6. When, after the entry into force of this Convention, cluster munitions have become remnants of cluster munitions located in areas under the jurisdiction or control of a State Party, each State Party that is in a position to do so shall immediately provide emergency assistance to the affected State Party.
7. Each State Party that is in a position to do so will provide assistance for the implementation of the obligations, referred to in Article 5 of this Convention, to provide, in a sufficient manner, assistance to all victims of cluster munitions taking into account age and gender, including medical care, rehabilitation, psychological support, as well as social and economic integration. Such assistance may be provided, inter alia, through United Nations agencies, international, regional or national organizations or institutions, the International Committee of the Red Cross, the National Red Cross and Red Crescent Societies and their International Federation, non-governmental organizations or on a bilateral basis.
8. Each State Party that is in a position to do so will provide assistance to contribute to the necessary economic and social recovery as a result of the use of cluster munitions in affected States parties.
9. Each State Party that is in a position to do so may contribute to the relevant trust funds to facilitate the provision of assistance under this Article.
10. Each State Party seeking to obtain or receive assistance shall make appropriate arrangements to facilitate the timely and effective implementation of this Convention, including facilitating the entry and exit of personnel, equipment and equipment, in a manner consistent with national laws and regulations, taking into account best international practices.
11. Each State Party may, for the purpose of developing a national action plan, request United Nations agencies, regional organizations, other States parties or other relevant intergovernmental or non-governmental institutions to assist its authorities in determining, inter alia:
(a) The nature and extent of cluster munition remnants in areas under its jurisdiction or control;
(b) The financial, technological and human resources necessary to implement the plan;
(c) The estimated time required to clear and destroy all remnants of cluster munitions in areas under its jurisdiction or control;
(d) Risk reduction education programs and awareness-raising activities to reduce the number of injuries or loss of life caused by cluster munition remnants;
(e) Assistance to victims of cluster munitions; and
(f) The coordination relationship between the government of the State party concerned and relevant governmental, intergovernmental or non-governmental entities that will participate in the implementation of the plan.
12. States Parties that provide or receive assistance under this Article shall cooperate in order to ensure the timely and comprehensive implementation of the agreed assistance programmes.
Article 7
Transparency measures
1. Each State Party shall submit to the Secretary-General of the United Nations, as soon as possible and, in any event, no later than 180 days after the entry into force of this Convention for that State Party, a report on:
(a) National enforcement measures referred to in Article 9 of this Convention;
(b) The total of all cluster munitions, including explosive submunitions, referred to in paragraph 1^er Article 3 of this Convention, including a breakdown by type, quantity and, if possible, by lot number for each type;
(c) The technical characteristics of each type of submunitiem weapons produced by that State party prior to the entry into force of the Convention for that State, to the extent that they are known, as well as those currently owned or possessed by the State party, indicating, to the extent possible, the kind of information that may facilitate the identification and removal of cluster munitions; This information will include at least: the dimensions, the type of illuminator, the contents of explosive and metal, colour photographs and any other information that may facilitate the removal of remnants of cluster munitions;
(d) The status and progress of programmes for the conversion or decommissioning of cluster munitions production facilities;
(e) The status and progress of destruction programmes, in accordance with Article 3 of this Convention, of cluster munitions, including explosive submunitions, with details of the methods to be used for the destruction, location of all destruction sites and the standards to be met in the field of safety and environmental protection;
(f) Types and quantities of cluster munitions, including explosive submunitions, destroyed in accordance with Article 3 of this Convention, with details of the methods of destruction used, the location of sites of destruction and the compliance with safety and environmental standards;
(g) Submunition stockpiles, including explosive submunitions, discovered after the announced completion of the program referred to in paragraph (e) of this paragraph, and projects for their destruction in accordance with Article 3 of this Convention;
(h) To the extent possible, the size and location of all cluster munitions contaminated areas under its jurisdiction or control, with as much information as possible on the type and quantity of each type of cluster munition remnants in each affected area and the date of their use;
(i) The status and progress of clean-up and destruction programmes for all types and quantities of cluster munition remnants removed and destroyed in accordance with Article 4 of this Convention, to include the area and location of the cluster munition and depolluted area, with a breakdown of the quantity of each type of cluster munition remnants removed and disposed of
(j) Measures taken to provide risk reduction education and, in particular, to alert, as soon as possible and effectively as possible, civilians living in cluster munitions-contaminated areas under its jurisdiction or control where cluster munition remnants are located;
(k) The status and progress of the implementation of these obligations in accordance with Article 5 of this Convention to provide sufficient assistance to victims of cluster munitions taking into account age and gender, medical care, rehabilitation, psychological support and social and economic integration, as well as to collect relevant and reliable data on victims of cluster munitions;
(l) The name and contact information of the institutions mandated to provide the information and take the measures described in this paragraph;
(m) The amount of national resources, including financial, material or in kind, for the implementation of articles 3, 4 and 5 of this Convention; and
(n) The quantities, types and destinations of international cooperation and assistance provided under Article 6 of this Convention.
2. The States Parties shall update annually, covering the last calendar year, the information provided in accordance with paragraph 1^er and shall communicate to the Secretary-General of the United Nations no later than 30 April of each year.
3. The Secretary-General of the United Nations will transmit all reports received to the States parties.
Article 8
Assistance and clarification on compliance with the Convention
1. States parties agree to consult and cooperate on the implementation of the provisions of this Convention and to work in a spirit of cooperation in order to facilitate compliance by States parties with the obligations arising from this Convention.
2. If one or more States parties wish to clarify questions relating to compliance with the provisions of this Convention by another State Party and seek to respond to it, they may submit, through the Secretary-General of the United Nations, a request for clarification on these matters to that State Party. This request will be accompanied by all appropriate information. States parties will refrain from unfounded requests for clarification, taking care to avoid abuse. The State Party that receives a request for clarification will provide the requesting State, through the Secretary-General of the United Nations, with all information that would help to clarify these matters within 28 days.
3. If the requesting State Party does not receive an answer through the Secretary-General of the United Nations within that time limit, or considers it unsatisfactory the response to the request for clarification, it may submit the question to the next Assembly of States Parties through the Secretary-General of the United Nations. The Secretary-General of the United Nations will transmit this request, together with all appropriate information relating to the request for clarification, to all States parties. All such information shall be transmitted to the requested State Party, which shall have the right to make an answer.
4. Pending the convening of a Assembly of States Parties, any State Party concerned may request the Secretary-General of the United Nations to exercise his good offices to facilitate the presentation as soon as necessary.
5. When a matter has been submitted pursuant to paragraph 3 of this article, the Assembly of States Parties shall first determine whether it is necessary to consider the matter further, taking into account all information submitted by the States parties concerned. If it deems it necessary for further consideration, the Assembly of States Parties may recommend to the States parties concerned measures and means to further clarify or resolve the matter under consideration, including the opening of appropriate procedures in accordance with international law. Where the problem raised is blurred to circumstances beyond the control of the requested State Party, the Assembly of States Parties may recommend appropriate measures, including the use of the cooperative measures referred to in Article 6 of this Convention.
6. In addition to the procedures set out in paragraphs 2 to 5 of this article, the Assembly of States Parties may, in order to clarify respect, including facts, and to resolve cases of non-compliance with the provisions of this Convention, decide to adopt all other general procedures or specific mechanisms that it considers necessary.
Article 9
National enforcement measures
Each State Party shall take all appropriate legislative, regulatory and other measures to implement this Convention, including the imposition of criminal sanctions to prevent and punish any prohibited activity to a State Party under this Convention, which would be carried out by persons, or on a territory, under its jurisdiction or control.
Article 10
Settlement of disputes
1. In the event of a dispute between two or more States parties relating to the interpretation or application of this Convention, the States parties concerned shall consult for a speedy settlement of the dispute through the negotiation or any other peaceful means of their choice, including recourse to the Assembly of States Parties and the referral of the International Court of Justice in accordance with the statute of this Court.
2. The Assembly of States Parties may contribute to the resolution of the dispute by any means it deems appropriate, including by offering its good offices, by inviting the States parties to the dispute to initiate the settlement of their choice and recommending a limit to the duration of the agreed procedure.
Article 11
Assembly of States Parties
1. States Parties shall meet regularly to consider any matters relating to the application or implementation of this Convention and, if necessary, to take a decision, including:
(a) The operation and status of this Convention;
(b) Matters raised by reports submitted under the provisions of this Convention;
(c) International cooperation and assistance in accordance with Article 6 of this Convention;
(d) Development of technologies for the removal of cluster munition remnants;
(e) Requests by States parties under articles 8 and 10 of this Convention; and
(f) Requests of States parties under articles 3 and 4 of this Convention.
2. The Secretary General of the United Nations will convene the first Assembly of States Parties within one year of the entry into force of this Convention. The Secretary General of the United Nations will convene the subsequent meetings annually to the First Review Conference.
3. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations may be invited to attend such meetings as observers, in accordance with the agreed rules of procedure.
Article 12
Review conferences
1. The Secretary General of the United Nations will convene a Review Conference five years after the entry into force of this Convention. Subsequent Review Conferences will be convened by the United Nations Secretary-General if one or more States Parties shall so request, provided that the interval between the Review Conferences is in no case less than five years. All States parties to this Convention will be invited to each Review Conference.
2. The Review Conference will aim to:
(a) Review the operation and status of this Convention;
(b) To assess the need to convene additional meetings of the States parties referred to in paragraph 2 of Article 11, and to determine the interval between these conferences; and
(c) To take decisions on the requests of States parties under articles 3 and 4 of this Convention.
3. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations may be invited to attend each Review Conference as observers in accordance with the agreed rules of procedure.
Article 13
Amendments
1. A State Party may propose amendments to this Convention at any time after its entry into force. Any amendment proposal shall be communicated to the Secretary-General of the United Nations, who shall circulate it to all States parties and shall collect their views as to whether to convene an Amendment Conference to consider the proposal. If a majority of States parties notify the Secretary-General of the United Nations, no later than 90 days after the dissemination of the proposal, that they are in favour of further consideration, the Secretary-General of the United Nations will convene an amendment conference to which all States parties will be invited.
2. States not parties to this Convention, as well as the United Nations, other relevant international organizations or institutions, regional organizations, the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and relevant non-governmental organizations 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 after an Assembly of States Parties or a Review Conference, unless a majority of States parties request that it be held earlier.
4. Any amendment to this Convention shall be adopted by a two-thirds majority of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to all States.
5. An amendment to this Convention shall enter into force for the States parties that have accepted this amendment at the time of the deposit of acceptance by a majority of the States that were Parties to the Convention at the time of the adoption of the amendment. Subsequently, it shall enter into force for any other State Party on the date of deposit of its instrument of acceptance.
Article 14
Costs and administrative tasks
1. The costs of the Meetings of States Parties, Review Conferences and Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating in such meetings or conferences in accordance with the duly adjusted scale of assessments of the United Nations.
2. The costs incurred by the Secretary-General of the United Nations under articles 7 and 8 of this Convention shall be borne by States parties in accordance with the duly adjusted scale of assessments of the United Nations.
3. The performance by the Secretary-General of the United Nations of its administrative tasks under this Convention shall be subject to an appropriate mandate of the United Nations.
Article 15
Signature
This Convention, made in Dublin on 30 May 2008, will be open for signature by all States in Oslo on 3 December 2008 and thereafter at the United Nations Headquarters in New York until its entry into force.
Article 16
Ratification, acceptance, approval or accession
1. This Convention shall be subject to the ratification, acceptance or approval of the Signatories.
2. This Convention shall be open to the accession of any non-signatory State.
3. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
Article 17
Entry into force
1. This Convention shall enter into force on the first day of the sixth month following that in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited.
2. For any State that deposits its instrument of ratification, acceptance, approval or accession after the date of deposit of the thirtieth 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
A State may, at the time of ratification, acceptance, approval or accession to this Convention, declare that it will apply, on a provisional basis, Article 1^er of this Convention pending its entry into force for that State.
Article 19
Reservations
Articles of this Convention shall not be subject to reservations.
Rule 20
Duration and withdrawal
1. This Convention has an unlimited duration.
2. Each State Party has the right, in the exercise of its national sovereignty, to withdraw from this Convention. It must notify all other States parties, the Depositary and the Security Council of the United Nations. This withdrawal instrument includes a complete explanation of the reasons for this withdrawal.
3. The withdrawal takes effect only six months after receipt of the withdrawal instrument by the Depositary. However, if at the expiration of these six months the State party withdrawing is engaged in, an armed conflict, the withdrawal will not take effect until the end of this armed conflict.
Article 21
Relations with States not parties to the Convention
1. Each State Party shall encourage States not parties to this Convention to ratify, accept, approve or accede to it, with a view to encouraging the participation of all States in this Convention.
2. Each State shall notify the Governments of all States not parties to this Convention referred to in paragraph 3 of this article of its obligations under this Convention, promotes the standards it establishes and makes every effort to discourage States not parties to this Convention from using cluster munitions.
3. Notwithstanding the provisions of Article 1^er of this Convention, and in accordance with international law, States parties, their military personnel or their nationals may engage in military cooperation and operations with States not parties to this Convention that may be engaged in activities prohibited to a State Party.
4. Nothing in paragraph 3 of this article authorizes a State Party to:
(a) Develop, produce or otherwise acquire cluster munitions;
(b) Constitute or transfer cluster munitions stockpiles;
(c) Use cluster munitions themselves; or
(d) Expressly request the use of such munitions in cases where the choice of the munitions used is under its exclusive control.
Article 22
Depositary
The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.
Article 23
Authentic texts
The texts of this Convention are also authentic.

Convention on Cluster Munitions, held in Dublin on 30 May 2008