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Decree No. 3436, Of 25 April 2000

Original Language Title: Decreto nº 3.436, de 25 de Abril de 2000

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DECREE NO. 3,436, OF April 25, 2000.

Promults Protocol II on Prohibitions or Restrictions on the Employment of Mines, Traps and other Artefacts, amended on May 3, 1996 and attached to the Convention on Prohibitions or Restrictions on Employment of Certain Conventional Weapons that may be Deemed Excessively Lesive or Generating Indiscriminate Effects.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers you the art. 84, inciso VIII, of the Constitution;

CONSIDERING that Protocol II on Prohibitions or Restrictions on the Employment of Mines, Traps and other Artifacts was amended on May 3, 1996 and annexed to the Convention on Prohibitions or Restrictions on Employment of Certain Conventional Weapons that may be Deemed Excessively Lesive or Generating Indiscriminate Effects;

CONSIDERING that the National Congress has approved the multilateral act in episture by means of the Legislative Decree No. 53 of August 10, 1999;

CONSIDERING that the onscreen act entered into international force on December 3, 1998;

CONSIDERING that the Brazilian Government deposited the Instrument of Ratification of the said act on October 4, 1999, passing the same to the invigorate, to Brazil, on April 4, 2000, pursuant to paragraph 1 (b) of the art. 8º of the Convention;

DECRETA:

Art. 1º. Protocol II on Prohibitions or Restrictions on the Employment of Mines, Traps and Other Artefacts, amended on May 3, 1996 and annexed to the Convention on Certain Certs Conventional Weapons that may be Deemed Excessively Lesive or Generating Indiscriminate Effects, apensed by copy to this Decree, should be executed and fulfilled as entirely as it contains.

Para. single. They are subject to the approval of the National Congress any acts that may result in revision of the said Protocol, as well as any further adjustments which, pursuant to the art. 49, I, of the Constitution, entail charges or gravy commitments to the national heritage.

Art. 2º. This Decree takes effect on the date of its publication.

Brasilia, April 25, 2000; 179º of the Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Luiz Felipe Lampreia

Protocol on Prohibitions or Restrictions on the Employment of Mines, Traps, and Others Artefacts, Dated May 3, 1996 (Protocol II Revised on May 3, 1996), Attached to the Convention on Prohibitions or Restrictions on Employment of Certain Conventional Weapons that may be Deemed Excessively Lesive or Effect Generators Indiscriminate.

Article I: Revised Protocol

The Protocol on Prohibitions or Restrictions on the Employment of Mines, Traps and other Artefacts (Protocol II), attached to the Convention on Prohibitions or Restrictions on Employment of Certain Conventional Weapons that may be Deemed Excessively Lesive or Generating Indiscriminate Effects (?The Convention?) is reviewed here. The text of the Protocol as revised is to be read as follows:

Protocol on Prohibitions or Restrictions on the Employment of Mines, Traps and other Artefacts as revised in 3 of May 1996.

(Protocol II Revised on May 3, 1996)

Article I

Scope of Application

1. This Protocol deals with the land use of mines, traps and other artefacts here defined inclusive mines placed to interdictate beaches, crossings of waterways or river crossings, but not to apply to the use of naval mines at sea or in interirors waters.

2. This Protocol shall apply, in addition to the situations mentioned in Article 1 of this Convention, to situations referred to in Article 3 common to the Geneva Conventions of August 12, 1949. This Protocol will not apply to situations of disturbances and internal tensions, such as rioting, isolated and sporadic acts of violence and other acts of a similar nature, for not being armed conflicts.

3. In the event of armed conflicts that are not of international character, occurring in the territory of one of the High Contracting Parties, each party to the conflict shall be obliged to apply the prohibitions and restrictions of this Protocol.

4. Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government to, by all legitimate means, maintain or restore law and order in the State, or to defend the national unity and territorial integrity of the state.

5. Nothing in this Protocol shall be invoked as a justification for intervention, direct or indirect, for any reason, in armed conflict or in the internal or external business of the High Contracting Party on whose territory this conflict occurs.

6. The application of the devices of this Protocol to parts of a conflict other than High Contracting Parties that have accepted this Protocol shall not modify their legal situation nor the legal situation of a disputed territory, be it explicit or implicitly.

Article 2

Definitions

For the purposes of this Protocol:

1.?Mina? means a weapon placed under, over or near to the ground or other surfaces, and designed to explode with the presence, proximity or contact of a person or vehicle.

2.?Mine launched in the distance? means a mine that is not placed directly, but launched by artillery, missile, rocket, mortar or similar means, or launched from an aircraft. Mines launched from a land-based system less than 500 metres are not considered? launched in the distance?, provided that they are used in accordance with Article 5 and other pertinent Articles of this Protocol.

3.?Mine anthic-personal? means a mine designed above all to explode with the presence, proximity or contact of a personnel and that can incapacitate, injure, or kill one or more people.

4.?Trap? means any artifact or material designed, built or adapted to kill or injure, and that works unexpectedly when a person touches a seemingly innocuous object, approaches him or performs a seemingly unendangered act.

5.?Other artifacts? means weapons and artefacts placed manually, including improvised explosive artefacts designed to kill, injure, or damage, and which are activated manually, by remote control or automatically, after some time.

6.?Military objective? means, in the treatment of objects, any object which, by its nature, location, purpose or use, effectively contributes to a military action, and whose total or partial destruction, capture or neutralization in the prevailing circumstances guarantee a defined military vantege.

7.?Civilian objects? are all objects that are not military objectives as defined in paragraph 6 of this Article.

8.?Minefield?, is a defined area, in which they were placed mines, and? mined area? is a dangerous area due to the presence of mines.?Fake minefield? means a no-mines area that simulates a minefield. The term? minefield? includes false minefields.

9.?Registration? means a physical, adminstrative and technical operation designed to obtain, for the purpose of registration in official archives, all available information facilitating the locality of minefields, mined areas, mines, traps and other artifacts.

10.?Mechanism of self-destruction? means an externally embedded or externally-embedded automatic operating mechanism that ensures the destruction of the weapon to which it was incorporated or pegged.

11.?Mechanism of self-neutralization? means an embedded automatic operating mechanism that makes it inoperable the weapon to which it is incorporated.

12.?Self-deactivation? means making the weapon automatically inoperable through the irreversible exhaustion of a component, for example a battery, which is essential to the operation of the weapon.

13.?Remote control? means control by commands data at distance.

14.?Anti-manipulation artifact? means an artifact meant to protect the mine and that is part of it, is attached to it, pegged it to it, or placed below it what is activated when an attempt is made to stir in the mine.

15.?Transfer? involves, in addition to the physical movement of mines into or out of the national territory, the tranference of law and control, but does not involve the transfer of territory containing mines.

Article 3

General restrictions on the use of mines, traps, and other artefacts.

1. This Article applies to:

(a) mines;

(b) traps; and

(c) other artifacts.

2. Each High Contracting Party or part of a conflict, in accordance with the devices of this Protocol, shall be responsible for all mines, traps and other artifacts employed by it, and undertake to remove them, destroy them or maintain them as specified in Article 10 of this Protocol.

3. It is prohibited in all circumstances to use any mine, trap or other artifact designed to cause superfluous injury or unnecessary suffering, or that it is of a nature to cause them.

4. The weapons to which this Article applies, will strictly comply with the standards and limitations specified in the Technical Attachment, with respect to each particular category.

5. It is forbidden to use mines, traps or other artefacts that employ a mechanism or artifact designed specifically to detonate the weapon by the presence of commonly available detectors, in the event of its magnetic influence or any other influence that does not imply contact, during normal use in detection operations.

6. It is forbidden to use mines with self-deactivating mechanism equipped with an anti-manipulation artifact, designed in such a way that the anti-manipulation artifact is capable of functioning after the mine has ceased to be able to function.

7. It is prohibited, in all circumstances, to direct weapons to which this Article applies, whether in offensives, whether in defence operation, be it in reprisal against the civilian population as such or against individuals or civilian objects.

8. It is prohibited the indiscriminate use of weapons to which this Article applies. Indiscriminate use is any placement of such weapons:

(a) that is not in a military objective or is directed against it. In case of doubt as to whether an object normally intended for civil purposes, such as place of worship, home or other type of housing or a school, is being used to render effective contribution to a military action, it is assumed that it does not is being used that way;

(b) that employs method or means of launching that cannot be pinpointed to a specific military objective; or

(c) of which one can expect to cause incidental losses of lives vicis, injury to civilians, damage to civilian objects, or a combination of these factors, which would be excessive with respect to the concrete and direct military advantage that one could hope for.

9. Several clearly separate and individualized military objectives, located in a city, village, village, or other area that contain a similar concentration of civilians or civilian objects, should not be treated as a single military objective.

10. All feasible precautions will be taken to protect civilians from the effects of the weapons to which this Article applies. Feasible precautions are those practicable or practically possible taking into account all the circumstances prevailing at the moment, including humanitarian and military considerations. These circumstances include, without limiting themselves to them, the following:

(a) the effect of mines on the local civilian population in the short and long term, for the entire duration of the minefield;

(b) possible measures to protect civilians (for example fences, signs, warnings and monitoring);

(c) the availability and practicability of the use of alternatives; and

(d) the short-and long-term military requirements for a field minced.

11. Effective advance notice will be given of all mine placement, pitfalls and other artefacts that could affect the civilian population unless the circumstances do not allow it.

Article 4

Restrictions on the use of anti-personnel mines

It is prohibited to use anti-personnel mines that are not detectable, as specified in paragraph 2 of the Technical Attachment.

Article 5

Restrictions on the use of anti-personnel mines other than mines launched at distances.

1. This Article applies to anti-personnel mines that are not mines thrown in the distance.

2. It is forbidden to use weapons to which this Article applies and that are not in accordance with the devices of self-destruct and self-deactivation of the Technical Attachment, unless:

(a) such weapons are placed within an area with perimeter marked that it is monitored by military personnel and protected by fences or other means, to ensure the effective exclusion of civilians from the area. The marking must have clear and durable character and must be visible at least for person who is about to enter the marked perimeter area; and

(b) such weapons are removed before the area is abandoned, unless the area is to be entertained to the forces of another state accepting responsibility for the maintenance of the preteases required by this Article and for subsequent removal of these weapons.

3. A part of a conflict becomes exonerated from the subsequent compliance of the devices of subparagraphs 2 (a) and 2 (b) of this Article, only if such compliance is not feasible due to the forced loss of control of the area due to military action enemy, including situations in which direct enemy military action makes it impossible to fulfill. If such a part returns the control of the area, it will return the fulfillment of the devices of subparagraphs 2 (a) and 2 (b) of this Article.

4. If the forces of a part of a conflict gain control of an area in which weapons have been placed to which this Article applies, such forces, at the maximum practicable measure, will maintain and, if necessary, establish the protections required by this Article, until such weapons have been removed.

5. All feasible measures will be taken to prevent the unauthorized removal, disfiguration, destruction or concealment of any artefact, system or material used to establish the perimeter of a marked perimeter area.

6. The weapons to which this Article applies and which propel fragments into a horizontal arc of less than 90 degrees and which are placed on the ground or above it, may be used without the measures stipulated in subparagraph 2 (a) of this Article, for a period maximum of 72 hours, if:

(a) are in the immediate vicinity of the military unit that placed them; and

(b) the area is monitored by military personnel to ensure the effective exclusion of civilians.

Article 6

Restrictions on the use of mines thrown in the distance.

1. It is prohibited to use mines released at distance unless they are registered in accordance with subparagraph 1 (b) of the Technical Annex.

2. It is forbidden to use anti-personnel mines launched at a distance that are not in accordance with the devices on self-destruct and self-deactivation contained in Technical Annex.

3. It is forbidden to use mines launched at a distance other than anti-personnel mines unless, in the practicable measure, they are equipped with an effective mechanism of self-destruction or self-neutralization and have a spare device of self-deactivation, which is designed in such a way that the mine no longer functions as a mine when it no longer serves the military purpose for which it was put into position.

4. Effective early warnings should be given about any clearance of mines in the distance that could affect the civilian population unless the circumstances do not allow it.

Article 7

Prohibitions on the use of traps and other artefacts.

1. Without prejudice to the rules of International Law applicable to armed conflicts and concerning treason and perfidy, it is prohibited, under any circumstances, to use traps and other artifacts that are in any way linked to or associated with:

(a) emblems, signos or internationally recognized protection signs;

(b) people sick, injured or killed;

(c) burial sites or ditches of burial or cremation;

(d) facilities, equipment, supplies or medical transport;

(e) children's toys or other portable obejcts or products designed especially for the food, health, hygiene, clothing or education of children;

(f) foods and beverages;

(g) utensils or kitchen appliances, except in military establishments, military sites, or military supply depots;

(h) objects of nature clearly religious;

(i) historical monuments, art objects, or places of worship that constitute cultural or spiritual heritage of the peoples; or

(j) animals or their carcassases.

2. It is forbidden to use traps or other artefacts in the form of seemingly harmless portable objects that are designed and built specifically to contain explosive material.

3. Without prejudice to the provisions of Article 3 it is prohibited to use weapons to which this Article applies in any city, village, or village or other area with similar concentration of civilians, in which it is not occurring combat between ground forces or in which such combat does not appear imminent unless:

(a) they are placed in the immediate vicinity of a military objective; or

(b) steps are taken to protect the civilians from their effects, for example through of the placement of sentinels, publication of notices or placement of fences.

Article 8

Transfers

1. In order to promote the purposes of this Protocol, each High Contracting Party:

(a) undertakes not to transfer any mine whose use is prohibited by this Protocol;

(b) undertakes to not transfer no mine to any addressee other than a state or state agency authorized to receive such transfers;

(c) undertakes to observe the restrictions on transfers of any mine whose use is restricted by this Protocol. In particular, each High Contracting Party undertakes not to transfer any atin-personnel mines to states that are not bound by this Protocol unless the recipient State agrees to apply this Protocol; and

(d) undertakes to ensure that any transfer in accordance with this Article is made in full agreement with the relevant disposals of this Protocol and with the applicable norms of international humanitarian law, both by the State transferring as for the recipient state.

2. Even in the case where a High Contracting Party declares that it shall postpone the performance of specific devices as to the use of certain mines, as set out in the Technical Annex, subparagraph 1 (a) of this Article shall apply to such mines.

3. Until the entry into force of this Protocol, all High Contracting Parties shall refrain from any actions that are inconsistent with subparagraph 1 (a) of this Article.

Article 9

Registration and use of information about minefields, mined areas, mines, traps, and other artifacts.

1. All information regarding minefields, mined areas, mines, traps and other artifacts, will be recorded in accordance with the Technical Attachment devices.

2. All these records will be retained by the parties to a conflict that, without delay, after the cessation of active hostilities, will take all necessary and appropriate measures, including the use of such information to protect civilians from the effects of the camps mined, mined areas, mines, traps and other artefacts in areas under their control.

At the same time, they will place at the disposal of the other party or parties to the conflict and the General Secretary of the United Nations all such information who possess with respect to minefields, mined areas, mines, booby traps and other artefacts placed by them in areas that are no longer under their control; however, on the basis of reciprocity, when the forces of a part of a conflict are in the territory of an adversarial party, either party may withhold such information with respect to the Secretary General and the other party, to the extent that security interests require such retention, until neither party is in the territory of the another. In the latter case, the retained finformations will be revealed as soon as those security interests allow it. Where possible, the parties to the conflict shall seek, by mutual agreement, to provide the disclosure of such information in the shortest possible time in a manner consistent with the security interests of each party.

3. This Article applies without prejudice to the devices of Articles 10 and 12 of this Protocol.

Article 10

Removing minefields, mined areas, mines, traps and other artefacts and international cooperation.

1. Without delay, after the cessation of active hostilities, all minefields, mined areas, mines, traps and other artifacts will be removed, destroyed, or kept in accordance with the Article 3 device and paragraph 2 of Article 5 of this Protocol.

2. High Contracting Parties and parts of a conflict have this responsibility with respect to minefields, mined areas, mines, traps and other artefacts in areas under their control.

3. With respect to minefields, mined areas, mines, traps and other artefacts placed by a party in areas over which no longer exercises control, such a part will provide the part in control of the area, as per paragraph 2 of this Article, in the measure permitted by such part, technical assistance and material required for the fulfilment of such responsibility.

4. Where necessary, the Parties shall endeavour to reach an agreement both with each other and with other States and with international organizations, where appropriate, on the rushing of technical and mateal assistance, including, at the circuses appropriate, the conduct of marital operations necessary for the fulfilment of these responsibilities.

Article 11

Cooperation and technological assistance

1. Each High Contracting Party undertakes to facilitate the largest possible exchange of equipment, materials and scientific and technological information regarding the implementation of this Protocol, and means of removing mines. Each High Contracting Party shall be entitled to participate, in the maximum extent possible, of such exchange. In particular, the High Contracting Parties shall not impose undue restrictions on the provision of mine removal equipment and correlates of technological information for humanitarian purposes.

2. Each High Contracting Party undertakes to provide information to the mine removal database established in the United Nations system, especially the information concernees to various forms and technologies of mine removal, and relations from experts, expert agencies or national points of contacts on mine removal.

3. Every High Contracting Party that is in a position to do so will provide assistance for the removal of mines through the United Nations system,

Through other international or bilaterally, or will contribute to the United Nations Voluntary Trust Fund for Assistance in the Removal Of Mines.

4. Requests for assistance by the High Contracting Parties, substantiated by pernitous infomations, may be submitted to the United Nations, other appropriate organs or other States. These requests may be sent to the Secretary General of the United Nations, who shall transmit them to all the High Contracting Parties and the relevant International Organizations.

5. In the event of a request to the United Nations, the Secretary General of the United Nations, within the available resources, will be able to take appropriate steps to assess the situation and, in cooperation with the High Contracting Party requester, determine the supply appropriate assistance pair the removal of mines or for the implementation of the Protocol. The Secretary General may also inform the High Contracting Parties about such assessments, as well as on the type and scope of the assistance required.

6. Without prejudice to its constitutional and legal provisions, the High Contracting Parties undertake to cooperate and tranfer technology to facilitate the implementation of the relevant prohibitions and restrictions set forth in this Protocol.

7. Each High Contracting Party shall have the right to seek and receive technical assistance, where appropriate, from another High Contracting Party on the relevant specified technologies, other than weapons technologies, where necessary and feasible, with seen to the reduction of any deferment pervades contemplated in Technical Attachment.

Article 12

Protection from the effects of fields mined, mined areas, mines, traps and other artefacts

1. Application

(a) With the exception of the forces and missions to which it refers to subparagraph 2 (a) (I) of this Article, this Article applies only to missions that are performing functions in an area with the consent of the High Party Contractor on whose territory these functions are being performed.

(b) The application of the devices of this Article to parts of a conflict other than High Contracting Parties, will not modify their legal situation or the legal situation of a disputed territory, be it explicitly or implicitly.

(c) The devices of this Article are without prejudice to the existing International Humanitarian Law, or other international instruments applicable, or of decisions of the United Nations Security Council that provide a higher level of protection to personnel acting in accordance with this Article.

2. Protection of peace and certain other forces and missions

(a) This Paragraph applies to:

(I) any force or mission of the United Nations that is performing peacekeeping, observation, or functions functions similar in any area, in accordance with the Charter of the United Nations; and

(II) any mission established as per Chapter VIII of the Charter of the United Nations that performs its functions in the area of a conflict.

(b) Each High Contracting Party or part of a conflict, if requested by the head of the force or mission to which this Protocol applies, shall:

(I) to the extent of its capacity, take the measures that are necessary to protect the force or mission of the effects of mines, traps or other artifacts in any area under your control;

(II) if necessary to effectively protect such personnel, remove or render harmless, in the measure of their capacity, all mines, traps and other artefacts that find themselves in the area; and

(III) inform the head of the force or mission of the location of all minefields, mined areas, mines, traps and other artifacts known in the area in which the force or mission is performing its functions and, as far as practicable, to put at the disposal of the head of the force or mission all information that possessions about such minefields, mined areas, mines, traps and other artifacts.

3. Humanitarian Missions and Missions of Fact-Finding of the United Nations System Facts.

(a) This Paragraph applies to any humanitarian mission or fact-finding mission of the United Nations system.

(b) Each High Contracting Party or part of a conflict, if requested by the head of mission to which this Paragraph applies, should:

(I) provide the mission staff with the protections set out in subparagraph 2 (b) (I) of this Article; and

(II) if it is necessary, the access to any location or the passage by it, for the performance of the mission's functions and in order to provide the pessaol of the safe passage mission to this site or through of it:

(aa) unless ongoing hostilities prevent you, inform the head of the mission about a safe route to such a location if such information is available; or

(bb) if the information identifying a safe route are not provided in accordance with sub-paragraph (aa), to the extent that it is necessary and feasible, pave the way through the minefields.

4. Missions of the International Committee of the Red Cross

(a) This Paragraph applies to any mission of the International Committee of the Red Cross performing duties with the consent of the State or host states, such as stipulated by the Geneva Conventions of August 12, 1949 and, where applicable, their Additional Protocols.

(b) Each High Contracting Party or part of a conflict, if requested by the head of a mission to which this Paragraph applies, it should:

(I) provide the mission's pessaol with the protections set out in subparagraph 2 (b) (I) of this Article; and

(II) take the measures set out in subparagraph 3 (b) (II) of this Article.

5. Other humanitarian missions and research assignments.

a) To the extent that Paragraphs 2, 3 and 4, of this Article do not apply to them, this Paragraph applies to the following missions, when they are staging duties in the area of a conflict or to assist the victims of a conflict:

(I) any humanitarian mission of a national Red Cross or Red Crescent society or its International Federation;

(II) any mission of an impartial humanitarian organization, including any unbiased humanitarian operation of demining, and

(III) any research mission established as per the provisions of the 12 Geneva Conventions of August 1949 and, where applicable, its additional Protocols.

(b) Each High Contracting Party or part of a conflict, if requested by the head of a mission to which this Paragraph applies, shall, to the extent of the doable:

(I) provide the mission person with the protections set out in Subparagraph 2 (b) (I) of this Article; and

(II) take the measures set forth in Subparagraph 3 (b) (II) of this Article.

6. Confidentiality

All information provided confidencialmetne as this Article must be addressed by the recipient in strict confidence and will not be disclosed outside the scope of the pertinent force or mission without express authorization from the provider of the information.

7. Respect for laws and regulations

Without prejudice to the privileges and immunities they may enjoy or the requirements of their duties, the personnel participating in the forces and missions referred to in this Article shall:

(a) abide by the laws and regulations of the host state; and

(b) refrain from any action or activity incompatible with the impartial and international nature of their duties.

Article 13

Consultations of the High Contracting Parties

1. The High Contracting Parties undertake to consult and cooperate with each other on all matters related to the operation of this Protocol. With this purpose, a Conference of the High Contracting Parties shall be held annually.

2. Participation in the annual Conferences will be determined by the agreed Procedure Rules.

3. The work of the Conference will include:

(a) examination of the operation and situation of this Protocol;

(b) consideration of matters derived from reports of the High Contracting Parties, in accordance with paragraph 4 of this Article,

(c) preparation of the review Conferences; and

(d) consideration of the development of technologies for the protection of civilians against indiscriminate effects of mines.

4. The High Contracting Parties shall provide annual reports to the Depositary, which shall circulate them to all High Contracting Parties prior to the Conference, on any of the following subjects:

(a) dissemination of information on this Protocol for its Armed Forces and for the civilian population;

(b) mine removal and rehabilitation programs;

(c) steps taken to meet the technical requirements of this Protocol and any other relevant information;

(d) legislation relating to this Protocol;

(e) measures taken on the international exchange of technical information, on international cooperation for removal of mines and cooperation and technical assistance; and

f) other pertinent subjects.

5. The cost of the Conference of High Contracting Parties shall be taken up by the High Contracting Parties and States not Parties participating in the proceedings of the Conference in accordance with the appropriate scale of the United Nations contribution adjusted appropriately.

Article 14

Fullsupply

1. Each High Contracting Party shall take all appropriate steps, including legislative and other measures, to prevent and repress violations to this Protocol by persons in the territory under its jurisdiction or control

2. The measures contemplated in paragraph 1 of this Article include appropriate measures to ensure the imposition of criminal sanctions against persons who, with respect to an armed conflict and in contravention of the devices of this Protocol, intentionally kill or cause serious injury to civilians, and bring such people to justice.

3. Each High Contracting Party will also require that its Armed Forces issue relevant military instructions and operational procedures and that the personnel of the Armed Forces receive training commensurate with their tasks and responsibilities to comply with the devices of this Protocol.

4. The High Contracting Parties undertake to consult and cooperate with each other, bilaterally, through the Secretary General of the United Nations or through other appropriate international procedures, to address any problems that may arise with respect to the interpretation and application of the devices of this Protocol.

Technical Annex

1. Registration

(a) Record of the location of mines other than mines thrown away, minefields, mined areas, traps and other artifacts, will be done according to the following devices:

(I) The location of the minefields, mined areas and trap areas and other artefacts will be specified precisely by reference to the coordinates of at least two reference points and the estimated dimensions of the area containing these weapons in relation to these reference points;

(II) Maps, diagrams, or other records will be done in a manner to indicate the location of mined fields, mined areas, traps and other artefacts in relation to points of reference and these records will also indicate their perimeters and their extent; and

(III) For purposes of detection and removal of mines, traps and other artifacts, maps, diagrams or other records will contain information complete on type, numero, method of placement, type of detonator and time of life, date and time of allotment, anti-manipulation artefacts (if any) and other pertinent information about all weapons placed. Whenever practicable, the minefield record will give the exact location of each mine, except in minefields in queue, in which case the location of the queue is sufficient. The precise location and operation mechanism of each trap placed will be recorded individually.

(b) The location and estimated area of mines launched the distance will be specified by coordinate point coordinates of reference (usually the points of the corners) and will be determined and, when practicable, marked on the ground at the first possible opportunity. The total number and type of mines placed, the date and time of the allotment and the time periods of self-destruction, will also be recorded.

(c) Copies of the records will be kept at level of suffient command to ensure its security as far as possible.

(d) The use of mines produced after the entry into force of this Protocol is prohibited unless they are marked in English or in the respective national language, with the following information:

(I) country name of origin;

(II) month and year of production; and

(III) serial number or lot number.

The marking must be visible, readable, durable and resistant to the effects of the environment as much as possible.

2. Specifications on detectability

(a) With respect to anti-personnel mines produced after January 1, 1997, such mines will have incorporated into their material construction or artifact that makes them capable of being detected by commonly available mine detection technical equipment and to provide a response signal equivalent to a signal of 8 or more grams of iron in a single coherent mass.

(b) With respect to anti-personnel mines produced before January 1, 1997, such mines or will have incorporated in their construction, or will have grounded prior to their placement, in a manner not easily removable, material or artifact that makes them capable of being detected by equipment mine detection technician commonly available and that provides a signal of equivalent response to a signal of 8 or more grams of iron in a single coherent mass.

(c) In the case where a High Contracting Party determines not be able to comply immediately with sub-paragraph (b), she will be able to declare, at the time of notification of her consent to be governed by this Protocol, that she shall postpone compliance with the sub-paragraph (b) by a prerod which will not exceed 9 years to departure from the entry into force of this Protocol. During this period, in the doable measure, it will minimize the use of anti-personnel mines that do not comply with the specifications.

3. Specifications on self-destruct and self-deactivation

(a) All anti-pessaol mines launched the distance will be designed and built in a way that no more than 10% of the activated mines will cease to self-distrude within 30 days after its allotment and each mine will have a self-deactivating spare device designed and built in a way that, in combination with the mechanism of self-destruction, no more than one among a thousand activated mines functions as mine 120 days after their placement.

(b) All anti-personnel mines that are not launched at a distance, used outside marked areas, as defined in Article 5 of this Protocol, will comply with the requirements of self-destruction and self-deactivation set forth in subparagraph (a).

(c) In the case where a High Contracting Party determines not to be able to comply immediately with the subparagraph (a) and / or (b), it may declare, at the time of notification of the your consetment in conducting this Protocol, which shall postpone, with respect to mines produced prior to the entry into force of this Protocol, compliance with subparagraphs (a) and / or (b) for a period that will not exceed 9 years from the entry into force of this Protocol.

During this period of adjournment, the High Contracting Party shall:

(I) commit to minimise, in the practicable measure, the use of anti-personnel mines that have not complied with the specifications;

(II) with respect to anti-personnel mines launched at distances, comply with the requirements for self-destruction, be it with the requirements of self-deactivation and, with respect to other anti-personnel mines, comply with the less with the self-deactivation requirements.

4. International signs for minefields and mined areas

Signs similar to that of the attached example, and in the manner specified below, will be used in marking minefields and mined areas to ensure their visibility and recognition by the civilian population:

(a) Size and shape: a triangle or square, not less than 28 centimeters (11 inches) by 20 centimeters (7.9 inches) for a triangle, and 15 centimeters (6 inches) for each side of a square;

(b) Côr: red or orange, with a yellow edge that reflects the light;

(c) Symbol: the symbol illustrated in the Attachment or a readily recognizable alternative in the area where the signal will be placed to identify a hazardous area;

(d) Tongue: will the sign contain the word? mines? in one of the six official languages of the Convention (Arabic, Chinese, Spanish, French, English and Russian) and in the language or languages prevalent in the area; and

(e) Spacing: the signs are to be placed around the minefield or area mined at a sufficient distance to ensure its visibility of any point by a civilian who approaches the area.

Article II: Entry into Vigor

This Protocol revised shall enter into force in accordance with the provisions of paragraph 1 (b) of Article 8 of the Convention.