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1604 OF 2012
(December 21)
Official Journal No. 48,651 of 21 December 2012
CONGRESS OF THE REPUBLIC
By means of which the "Convention on Cluster Munitions" is approved, made in Dublin, Republic of Ireland, thirty (30) May of two thousand eight (2008).
THE CONGRESS OF THE REPUBLIC
Seen the text of the "Convention on Cluster Munitions", made in Dublin, Republic of Ireland, the thirty (30) May of two thousand eight (2008).
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the Convention, which consists of twenty-six (26) Folios, certified by the Assistant Secretary General for Legal Affairs of the Organization of Nations, is based on the file of the International Legal Affairs Directorate of the Ministry of Foreign Affairs.
CLUSTER MUNITIONS CONVENTION
CLUSTER MUNITIONS CONVENTION
States Party to this Convention,
Deeply concerned because civilian populations and individually considered civilians continue to be the most affected by armed conflicts,
Decided to end definitively the suffering and deaths caused by cluster munitions at the time of their use, when they do not work as expected or when they are abandoned,
Concerned because the remains of cluster munitions kill or maim civilians, including women and children, obstruct economic and social development, due, among other reasons, to loss of livelihood, they prevent post-conflict rehabilitation and reconstruction, delay or prevent the return of refugees and internally displaced persons, may negatively impact national and international efforts to build peace and assistance humanitarian, in addition to having other serious consequences that may last many years after their use,
Deeply concerned also because of the dangers presented by large national stockpiles of conserved cluster munitions for operational use, and determined to ensure their early destruction,
Creating the need to really contribute efficiently and in a coordinated way to solving the challenge of eliminating the remains of cluster munitions located around the world and ensuring their destruction,
Decided also to ensure the full realization of the rights of all victims of cluster munitions and recognizing their inherent dignity,
Resolved to do everything possible to provide assistance to victims of cluster munitions, including medical care, rehabilitation and psychological support, as well as to provide the means to achieve their inclusion social and economic,
Acknowledging the need to provide cluster munitions victims with assistance that responds to age and gender and to address the special needs of vulnerable groups,
Having present the Convention on the Rights of Persons with Disabilities, which, inter alia, requires States Parties to that Convention to commit themselves to to ensure and promote the full realization of all human rights and fundamental freedoms of all persons with disabilities without discrimination of any kind on the grounds of such discrimination,
Aware of the need to properly coordinate efforts undertaken in various forums to address the rights and needs of victims of different types of weapons, and resolved to avoid discrimination among victims of different types of weapons,
reaffirming that, in cases not provided for in this Convention or in other international agreements, civilians and combatants remain under the protection and rule of law principles International derived from established uses, principles of humanity and the dictates of public awareness,
Resolved also that armed groups that do not belong to the Armed Forces of a State are not allowed, in any circumstances, to participate in any prohibited activity to a State Party of the present Convention,
Welcoming with satisfaction the extensive international support to the international standard prohibiting the use of antipersonnel mines, contained in the Convention on the prohibition of employment, storage, production and the transfer of anti-personnel mines and their destruction in 1997,
Welcoming also with welcome the adoption of the Protocol on Explosive Remnants of War, annexed to the Convention on prohibitions or restrictions on the use of certain weapons (a) conventional measures that may be considered to be excessively harmful or of indiscriminate effects, and its entry into force on 12 November 2006, and with the desire of to increase the protection of civilians from the effects of the remains of cluster munitions in post-conflict environments,
Taking into account also United Nations Security Council Resolution 1325 on Women and Peace and Security, and United Nations Security Council Resolution 1612 on Children and Children. armed conflicts,
also welcoming measures taken in recent years at the national, regional and global levels, aimed at prohibiting, restricting or suspending the use, storage, production and transfer of ammunition in cluster,
Putting in the spotlight the role played by public awareness in the promotion of humanitarian principles, as has been highlighted by the global call for an end to the suffering of civilians caused by human rights. cluster munitions, and recognizing the effort that the United Nations, the International Committee of the Red Cross, the Coalition Against Cluster Munitions and numerous other organizations have undertaken to this end. government around the world,
reaffirming the Oslo Conference on Cluster Munitions Declaration, for which, inter alia, States recognized the serious consequences of the use of cluster munitions and committed to conclude by 2008 a legally binding instrument prohibiting the use, production, transfer and storage of cluster munitions that cause unacceptable harm to civilians, and to establish a cooperation and assistance framework which will ensure the appropriate provision of care and rehabilitation for victims, cleaning of contaminated areas, education on risk reduction and destruction of arsenals,
Putting in the spotlight the desirability of achieving the linkage of all States to the present Convention, and determined to work vigorously towards the promotion of its universalization and its full implementation,
Building on the principles and norms of International Humanitarian Law, and in particular on the principle that the right of the parties involved in an armed conflict to choose the methods or means of It is not unlimited, and in the rules which state that the parties to a conflict must at all times distinguish between the civilian population and the combatants and between civilian goods and military objectives and direct their operations only against military objectives; whereas in the conduct of military operations provide constant attention to the protection of the civilian population, its members and civil property, and that the civilian population and the individual civilians considered to be in general protection from the dangers arising from the military operations,
HAVE AGREED on the following:
ARTICLE 1. GENERAL OBLIGATIONS AND SCOPE.
1. Each State Party is committed to never, and under no circumstances:
(a) Employing cluster munitions;
(b) Develop, produce, acquire in one way or another, store, retain, or transfer to anyone, directly or indirectly, cluster munitions;
(c) Assist, encourage or induce anyone to participate in a prohibited activity to a State Party as established by this Convention.
2. The first paragraph of this Article applies, mutatis mutandis, to explosive bomblets that are specifically designed to be dispersed or released from emitting devices fixed to aircraft.
3. This Convention does not apply to mines.
For the purposes of this Convention:
1. "victims of cluster munitions" means all persons who have lost their lives or suffered physical or psychological harm, an economic loss, social marginalisation or substantial harm in the performance of their rights due to the use of cluster munitions. The definition includes those people directly affected by cluster munitions, as well as family and affected communities;
2. "cluster ammunition" means a conventional ammunition that has been designed to disperse or release explosive submunitions, each weighing less than 20 kilograms, and including these submunitions explosive. The definition does not include:
(a) Ammunition or submunitions designed to emit flares, smoke, pyrotechnics effects or radar countermeasures (chaff) ; or an ammunition designed exclusively with an air defence function;
(b) An ammunition or submunitions designed to produce electrical or electronic effects;
(c) Ammunition which, in order to avoid indiscriminate effects in an area, as well as the risks posed by unexploded submunitions, has all the following characteristics:
(i) Each ammunition contains less than ten explosive submunitions;
(ii) Each explosive sub-ammunition weighs more than four kilograms;
(iii) Each explosive sub-ammunition is designed to detect and attack an object that constitutes a single target;
(iv) Each explosive sub-ammunition is equipped with an electronic self-destruction mechanism;
(v) Each explosive sub-ammunition is equipped with an electronic self-deactivation device;
3. "explosive submunitions" means a conventional ammunition that, in order to develop its function, is dispersed or released by a cluster ammunition and is designed to operate by detonating an explosive charge. prior to the impact, simultaneously with or after impact;
4. "failed cluster ammunition" means a cluster ammunition that has been fired, released, thrown, projected or otherwise thrown and that should have dispersed or released its explosive submunitions but not did;
5. "unexploded submunitions" means an explosive submunitions that has been dispersed or released, or has otherwise been separated from a cluster ammunition, and has not broken out as expected;
6. "abandoned cluster munitions" means those cluster munitions or explosive submunitions that have not been used and have been abandoned or discarded and are no longer under the control of the abandonment or disposal. They may or may not have been prepared for employment;
7. "cluster munitions remains" means failed cluster munitions, abandoned cluster munitions, unexploded submunitions, and unexploded bomblets;
8. "Transfer" means, in addition to the physical transfer of cluster munitions within or outside a national territory, the transfer of domain and control over cluster munitions, but does not include the transfer of territory containing remains of cluster munitions;
9. "self-destruction mechanism" means an automatic built-in operating mechanism that is additional to the primary initiator mechanism of the ammunition and which ensures the destruction of the ammunition in which it is built-in;
10. By "self-deactivation" it is understood to automatically render an ammunition by means of the irreversible exhaustion of a component, such as, for example, a battery, which is essential for the operation of the ammunition;
11. "area contaminated with cluster munitions" means an area known to or suspected to contain remains of cluster munitions;
12. "mine" means any ammunition designed to be placed under or near the surface of the ground or other surface any and designed to detonate or explode by the presence, proximity or contact of a person or a vehicle;
13. "explosive device"a conventional ammunition of less than 20 kilograms, which is not self-propelled and which, in order to perform its function, must be dispersed or released by an emitting device, and which is designed to operate by detonation of an explosive charge before impact, simultaneously with or after impact;
14. "sending device" means a container that is designed to disperse or release explosive pumps and is attached to an aircraft at the time of the dispersion or release;
15. "unexploded bomb" means an explosive pump that has been dispersed, released or otherwise separated from an emitter and has not broken out as expected.
ARTICLE 3. STORAGE AND DESTRUCTION OF RESERVATIONS.
1. Each State Party shall, in accordance with national law, separate all cluster munitions under its jurisdiction and control of the ammunition kept for operational use and mark them for destruction.
2. Each State Party undertakes to destroy, or to ensure destruction, all cluster munitions referred to in paragraph 1 of this Article as soon as possible and, at the latest, within eight years of the entry into force of this Article. This Convention shall apply to that State Party. Each State Party undertakes to ensure that the methods of destruction comply with applicable international standards for the protection of public health and the environment.
3. If a State Party considers that it shall not be possible to destroy or to ensure the destruction of all cluster munitions referred to in paragraph 1 of this Article within eight years of the entry into force of the present a Convention for that State, may submit an application to a Meeting of States Parties or an Examination Conference in order to extend the period for the completion of the destruction of such ammunition to a maximum of four years cluster. A State Party may, in exceptional circumstances, request additional extensions of up to four years. The requested extensions shall not exceed the number of years strictly necessary for the fulfilment of the obligations of the State Party in accordance with paragraph 2 of this Article.
4. Each extension request shall establish:
(a) The duration of the proposed extension;
(b) A detailed explanation of the proposed extension, which shall include the financial and technical means available or required by the State Party for the destruction of all the ammunition provided for in paragraph 1 of this Article and, if case, of the exceptional circumstances justifying it;
(c) A plan for how and when the destruction of the reserves will be completed;
(d) The quantity and type of cluster munitions and explosive submunitions that the State Party retains on the date of entry into force of this Convention for that State and any additional explosive cluster munitions or submunitions discovered after that entry into effect;
(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 amount and type of cluster munitions and explosive submunitions remaining to be destroyed during the proposed extension and the annual rate of destruction expected to be achieved.
5. The Meeting of States Parties or the Review Conference shall, taking into account the factors referred to in paragraph 4 of this Article, evaluate the application and decide by majority of votes of the States Parties present and voters if the extension of the deadline. Member States may decide to grant a less extensive extension than the requested extension and may propose reference points for the extension, if appropriate. Requests for extension shall be submitted at least nine months before the Meeting of States Parties or the Review Conference in which it shall be considered.
6. Without prejudice to Article 1 of this Convention, the retention or acquisition of a limited number of cluster munitions and explosive submunitions for the development of and training in Techniques for detecting, cleaning and destroying cluster munitions and explosive submunitions, or for the development of countermeasures, are permitted. The quantity of explosive submunitions retained or acquired shall not exceed the minimum number absolutely necessary for these purposes.
7. Without prejudice to Article 1 of this Convention, the transfer of cluster munitions to another State Party for destruction, as well as for the purposes described in paragraph 6 of this Convention. Article, allowed.
8. States Parties which retain, acquire or transfer cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this Article shall submit a detailed report on the use that is planned and the factual use of These cluster munitions and explosive submunitions, their type, quantity and lot numbers. If cluster munitions or explosive submunitions are transferred to another State Party for these purposes, the report shall include a reference to the receiving Party. This report shall be prepared for each year during which a State Party has retained, acquired or transferred cluster munitions or explosive submunitions and shall be delivered to the Secretary-General of the United Nations by 30 April of the year at the latest. next year.
ARTICLE 4. CLEANING AND DESTRUCTION OF CLUSTER MUNITIONS AND RISK REDUCTION EDUCATION.
1. Each State Party undertakes to clean and destroy or to ensure the cleaning and destruction of the remains of cluster munitions located in the areas under its jurisdiction or control, as follows:
(a) When the remains of cluster munitions are located in areas under their jurisdiction or control at the time of entry into force of this Convention for that State Party, such cleanup and destruction shall be completed as soon as possible. at the latest, and no later than 10 years from that date;
(b) When, after the entry into force of this Convention for that State Party, cluster munitions have become remnants of cluster munitions located in areas under their jurisdiction or control, cleaning and destruction it must be completed as soon as possible, and not later than ten years after the cessation of active hostilities during which such cluster munitions have become the remains of cluster munitions; and
(c) Once any of the obligations set out in sub-paragraphs (a) and (b) of this paragraph have been fulfilled, the relevant State Party shall make a declaration of compliance to the following Meeting of States Parties.
2. In the fulfilment of its obligations under paragraph 1 of this Article, each State Party shall, as soon as possible, take the following measures, taking into consideration the provisions of Article 6 to this Convention on International Cooperation and Assistance:
(a) Examine, evaluate and record the threat posed by the remains of cluster munitions, making every effort to identify all areas contaminated with cluster munitions under their jurisdiction or control;
(b) Evaluate and prioritize needs in terms of marking, protection of civilians, cleanliness and destruction, and take action to mobilize resources and develop a national plan to carry out these activities, reinforcing, where appropriate, existing structures, experiences and methodologies;
(c) Adopt all feasible measures to ensure that all areas contaminated with cluster munitions under its jurisdiction or control have the perimeter marked, controlled and protected with fencing or any other means to ensure the effective exclusion of civilians. Warning signs based on readily recognizable signalling methods by the affected community will be used to signal the areas of suspected danger. The signs and other indications of the limits of the danger zone shall, as far as possible, be visible, legible, durable and resistant to environmental effects, and clearly indicate which side of the limit is considered to be within the limits of the limit. of the area contaminated with cluster munitions and which side is considered safe;
(d) Clean and destroy all remains of cluster munitions located in areas under their jurisdiction or control; and
(e) Imparting education on risk reduction among civilians living in or around areas contaminated with cluster munitions, aimed at ensuring awareness of the risks posed by such remains.
3. In the development of the activities referred to in paragraph 2 of this Article, each State Party shall take into account international standards, including the Standards on Mine Action (IMAS, International Mine Action Standards).
4. This paragraph shall apply in cases where cluster munitions have been employed or abandoned by a State Party prior to the entry into force of this Convention for that State Party and have become the remains of the cluster munitions located in areas under the jurisdiction or control of another State Party at the time of entry into force of this Convention for the latter.
(a) In such cases, after the entry into force of this Convention for both States Parties, the first one is strongly encouraged to provide, alia,, financial, material or human resources assistance. to the other State Party, either bilaterally or through a mutually agreed third party, which may include the United Nations System or other relevant organizations, to facilitate the marking, cleaning and destruction of such remains of cluster munitions.
(b) Such assistance shall include, if available, information on the types and quantities of cluster munitions used, the precise location of the attacks in which cluster munitions were used and the areas in which they were know that the remains of cluster munitions are located.
5. If a State Party considers that it will not be possible to clean and destroy or to ensure the cleaning and destruction of all the remains of cluster munitions referred to in paragraph 1 of this Article within a period of ten years from the entry into force of this Convention for that State Party, may submit an application to a Meeting of States Parties or to an Examination Conference in order to extend the deadline for the completion of the Convention to a maximum of five years cleaning and destruction of such remains of cluster munitions. The requested extension shall not exceed the number of years strictly necessary for the fulfilment of the obligations of the State Party in accordance with paragraph 1 of this Article.
6. Any request for an extension shall be submitted to the Meeting of States Parties or to the Review Conference before the expiry of the period of time stipulated in paragraph 1 of this Article for that State Party. Each application for an extension shall be submitted at least nine months before the Meeting of States Parties or the Review Conference in which it shall be considered. Each request will set:
(a) The duration of the proposed extension;
(b) A detailed explanation of the reasons why the proposed extension is requested, which will include the financial and technical means available to and required by the State Party for the cleaning and destruction of all remains of the cluster munitions during the proposed extension;
(c) The preparation of future work and the situation of work already carried out under the national cleaning and demining programmes during the initial period of ten years referred to in paragraph 1 of this Article and in subsequent extensions;
(d) The total area containing remains of cluster munitions at the time of entry into force of this Convention for that State Party and any additional area containing remains of cluster munitions discovered after such entry into force;
(e) The total area containing remains of cluster munitions cleaned since the entry into force of this Convention;
(f) The total area containing remains of cluster munitions to be cleaned during the proposed extension;
(g) Circumstances that have undermined the ability of the State Party to destroy all traces of cluster munitions located in areas under its jurisdiction or control during the initial period of ten years as set out in paragraph 1 of this Article. this Article and the circumstances that have diminished this capacity during the proposed extension;
(h) The humanitarian, social, economic and environmental implications of the proposed extension; and
(i) Any other information relevant to the request for the proposed extension.
7. The Meeting of the States Party or the Review Conference shall, taking into account the factors referred to in paragraph 6 of this Article, including inter, the quantities of remains of ammunition in a cluster of which the request has been made, the request to be assessed and the majority of the votes of the States Parties present and the voters to be decided if the extension of the deadline is granted. States Parties may decide to grant a less extensive extension than the requested extension and may propose reference points for the extension, as appropriate.
8. Such extension may be renewed for a period of up to five years with the submission of a new application, in accordance with paragraphs 5, 6 and 7 of this Article. When applying for a further extension, the State Party shall provide relevant additional information on the extension of the extension period granted under this Article.
ARTICLE 5. ASSISTANCE TO VICTIMS.
1. Each State Party, with respect to the victims of cluster munitions in areas under its jurisdiction or control, in accordance with International Humanitarian Law and the applicable International Human Rights Law, shall provide adequate care that responds to age and gender, including medical care, rehabilitation, and psychological support, as well as providing the means to achieve social and economic inclusion. Each State Party shall make every effort to collect relevant and reliable data relating to the victims of cluster munitions.
2. In compliance with their obligations under paragraph 1 of this Article, each State Party shall:
(a) Assess the needs of cluster munitions victims;
(b) Develop, implement and enforce all necessary national laws and policies;
(c) Develop a national plan and budget, including estimates of the time needed to carry out these activities, with a view to incorporating them into existing national frameworks and mechanisms of disability, development and rights human, always respecting the specific role and contribution of relevant actors;
(d) Adopt measures to mobilize national and international resources;
(e) Do not discriminate against victims of cluster munitions, or establish differences between them, or discriminate between victims of cluster munitions and those who have suffered injuries or disabilities from other causes; differences in treatment be based solely on medical, rehabilitation, psychological or socio-economic needs;
(f) Inform closely and actively engage victims of cluster munitions and the organizations that represent them;
(g) Designate a point of contact within the Government to coordinate matters relating to the implementation of this Article;
(h) Strive to incorporate relevant guidelines and best practices in the areas of health care, rehabilitation and psychological support, as well as social and economic inclusion, among others.
ARTICLE 6. INTERNATIONAL COOPERATION AND ASSISTANCE.
1. In compliance with their obligations under this Convention, each State Party has the right to request and receive assistance.
2. Each State Party that is in a position to do so shall provide technical, material and financial assistance to the States Parties affected by cluster munitions, with the objective of implementing the obligations of this Convention. This assistance may be granted, alia,the United Nations system, international, regional or national organizations or institutions, non-governmental organizations or institutions, or bilateral way.
3. Each State Party undertakes to facilitate the fullest possible exchange of equipment, scientific and technological information regarding the implementation of this Convention, and shall have the right to participate in it. States Parties shall not impose undue restrictions on the supply and receipt of removal equipment or similar equipment and of relevant technological information for humanitarian purposes.
4. In addition to any obligation that you may have in accordance with Article 4 4) of this Convention, each State Party that is in a position to do so shall provide assistance for the cleanup. and destruction of cluster munitions remains and information relating to various means and technologies related to the removal of cluster munitions, as well as lists of experts, specialised agencies or linked national contact points with the cleaning and destruction of cluster munitions and activities related.
5. Each State Party that is in a position to do so shall provide assistance for the destruction of cluster munitions stocks and shall also provide assistance to identify, assess and prioritize practical needs and measures in terms of marking, education on risk reduction, protection of civilians and cleanliness and destruction in accordance with Article 4 of this Convention.
6. Where, after the entry into force of this Convention, cluster munitions have become the remains of cluster munitions located in areas under the jurisdiction or control of a State Party, each State Party to which it is located. Conditions to do so shall provide emergency assistance to the State Party concerned.
7. Each State Party that is in a position to do so shall provide assistance for the implementation of the obligations referred to in Article 5 of this Convention, relating to the provision of adequate care that responds to age and gender, including health care, rehabilitation and psychological support, and to provide the means to achieve the social and economic inclusion of victims of cluster munitions. This assistance may be granted, alia,the United Nations system, international, regional or national organizations or institutions of the International Committee of the Red Cross and Societies. national Red Cross and Red Crescent Societies and their International Federation, non-governmental organisations, or on a bilateral basis.
8. Each State Party that is in a position to do so shall provide assistance to contribute to the necessary economic and social recovery resulting from the use of cluster munitions in the States Parties concerned.
9. Each State Party that is in a position to do so may make contributions to relevant trust funds to facilitate the provision of assistance provided for in this Article.
10. Each State Party requesting and receiving assistance shall take all measures to facilitate the effective and timely implementation of this Convention, including the facilitation of the entry and exit of personnel, equipment and equipment, compliance with national legislation and standards, taking into account best international practice.
11. Each State Party may, in order to draw up a national action plan, request the United Nations, regional organizations, other States Parties or other competent intergovernmental or non-governmental institutions to provide assistance to your authorities to determine, inter alia:
(a) The nature and extent of cluster munitions remains located in areas under their jurisdiction or control;
(b) The financial, technological and human resources required for the execution of the plan;
(c) The time that is deemed necessary to clean and destroy all traces of cluster munitions located in areas under their jurisdiction or control;
(d) Education programs on risk reduction and awareness-raising activities to reduce the incidence of injuries or deaths caused by cluster munitions remains;
(e) Assistance to victims of cluster munitions; and
(f) The coordination relationship between the Government of the State Party concerned and the relevant governmental, intergovernmental or non-governmental entities to work on the implementation of the plan.
12. States Parties that provide and receive assistance in accordance with the provisions of this Article shall cooperate in order to ensure the complete and rapid implementation of agreed assistance programmes.
ARTICLE 7. TRANSPARENCY MEASURES.
1. Each State Party shall inform 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, on:
(a) The nationwide implementation measures referred to in Article 9 of this Convention;
(b) The total of all cluster munitions, including explosive submunitions, referred to in Article 3 (1 of this Convention, with a breakdown of the type, quantity and, if possible, batch numbers of each type;
(c) The technical characteristics of each type of cluster ammunition produced by that State Party prior to the entry into force of this Convention for that State, as far as they are known, and those currently belonging to that State or its own, making known, where reasonably practicable, the categories of information which may facilitate the identification and removal of cluster munitions; at least the information shall include the dimensions, Sprinkles, explosive content, metal content, colour photographs and any other information that can facilitate the removal of the remains of cluster munitions;
(d) The situation and progress of the programmes for the conversion or final closure of cluster munitions production facilities;
(e) The situation and progress of destruction programs, in accordance with Article 3 of this Convention, of cluster munitions, including explosive submunitions, with details of the methods to be used in the destruction, the location of all sites where the destruction will take place and the applicable standards to be observed in the field of safety and the environment;
(f) The 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, location of the sites of destruction, as well as the applicable safety and environmental standards;
(g) The stocks of cluster munitions, including explosive submunitions, discovered after having been informed of the conclusion of the programme referred to in sub-paragraph (e) of this paragraph, and the plans for destruction of the According to Article 3 of this Convention;
(h) As far as possible, the location of all contaminated areas with cluster munitions under their jurisdiction or control, with as much detail as possible regarding the type and quantity of each type of cluster. cluster ammunition in each affected area and when used;
(i) The situation and progress of cleanup and destruction programs of all types and amounts of cluster munitions remains removed and destroyed in accordance with Article 4 of the present Convention, including the size and location of the area contaminated with cleaned cluster munitions and a breakdown of the quantity of each type of cluster munitions cleared and destroyed;
(j) Measures taken to provide education on risk reduction and, in particular, an immediate and effective warning to civilians living in areas under their jurisdiction or control who are contaminated with ammunition in cluster;
(k) The status and progress of the implementation of its obligations under Article 5 of this Convention, relating to adequately providing age and gender-responsive assistance, including medical care, rehabilitation and psychological support, as well as providing the means to achieve the social and economic inclusion of victims of cluster munitions, and to gather reliable and relevant information regarding the victims of munitions in cluster;
(l) The name and contact data of the institutions with the command to provide information and perform the measures described in this section;
(m) The amount of national resources, including financial, material or in kind, assigned to the implementation of Articles 3, 4 and 5 of this Convention; and
(n) The amounts, types and destinations of international cooperation and assistance provided under Article 6 of this Convention.
2. The information provided in accordance with paragraph 1 of this Article shall be updated annually by each State Party in respect of the preceding calendar year, and shall be submitted to the Secretary-General of the United Nations at the latest 30 April of each year.
3. The Secretary-General of the United Nations shall transmit the received reports to the States Parties.
ARTICLE 8. COMPLIANCE FACILITATION AND CLARIFICATION.
1. States Parties agree to consult and cooperate with each other with respect to the implementation of the provisions of this Convention, and to work together in a spirit of cooperation to facilitate compliance by the States Parties to the Convention. their obligations under this Convention.
2. If one or more States Parties wish to clarify and seek to resolve issues related to a matter of compliance with the provisions of this Convention by another State Party, they may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. The application shall be accompanied by all the relevant information. Each State Party shall refrain from submitting unfounded requests for clarification, seeking not to abuse such a mechanism. A State Party receiving a Request for Clarification shall, through the Secretary-General of the United Nations, deliver within 28 days to the requesting State Party all information necessary to clarify the matter.
3. If the requesting State does not receive an answer through the Secretary-General of the United Nations within the time limit referred to, or considers that the latter is not satisfactory, it may submit, through the Secretary-General of the United Nations United, the matter to the next Meeting of the States Parties. The Secretary-General of the United Nations shall forward to all States Parties the application submitted, accompanied by any information relevant to the Request for Clarification. All such information shall be submitted to the State Party requesting the clarification, which shall have the right of reply.
4. Pending the convening of the Meeting of States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise their good offices to facilitate the requested clarification.
5. Where, as provided for in paragraph 3 of this Article, a specific case has been submitted to be dealt with at the Meeting of the States Party, the Party shall first determine whether it is to continue with the consideration of the matter, taking into account all the information submitted by the States Parties concerned. In case it is determined that yes, the Meeting of States Parties may suggest to the States Parties concerned ways and means to clarify or resolve the matter under consideration, including the initiation of the relevant procedures in accordance with the International Law. In the event that the issue in question is determined to be caused by circumstances beyond the control of the State Party to which the clarification has been requested, the Meeting of States Parties may recommend appropriate measures, including the use of 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 Meeting of States Parties may decide to adopt other general procedures or specific mechanisms for the clarification of compliance, including facts, and the resolution of situations of non-compliance with the provisions of the Convention, as appropriate.
ARTICLE 9. IMPLEMENTATION MEASURES AT NATIONAL LEVEL.
Each State Party shall take all legal, administrative and other measures to implement this Convention, including the imposition of criminal sanctions to prevent and repress any prohibited activity to the States Party in accordance with this Convention that has been committed by persons or on territory under its jurisdiction or control.
ARTICLE 10. DISPUTE RESOLUTION.
1. In the event of any dispute arising between two or more States Parties in relation to the interpretation or application of this Convention, the States Parties concerned shall consult each other for the purpose of obtaining an early solution to the Convention. controversy through negotiation or by any other peaceful means of their choice, including the use of the Meeting of States Parties and the submission of the dispute to the International Court of Justice in accordance with the Statute of the Cut.
2. The Meeting of States Parties may contribute to the settlement of disputes by any means it deems appropriate, including the offering of their good offices, urging the States Parties concerned to commence the procedures for resolving their choice and recommending a deadline for any agreed procedure.
ARTICLE 11. PART STATES ' MEETINGS.
1. States Parties shall meet regularly to consider and, where necessary, to take decisions on any matter relating to the implementation or implementation of this Convention, including:
(a) The functioning and the state of implementation of this Convention;
(b) Matters related to reports submitted in accordance with the provisions of this Convention;
(c) International cooperation and assistance as provided for in Article 6 of this Convention;
(d) The development of technologies for the removal of cluster munitions remains;
(e) Requests from States Parties referred to in Articles 8 and 10 of this Convention; and
(f) Requests from States Parties as provided for in Articles 3 and 4 of this Convention.
2. The first Meeting of States Parties shall be convened by the Secretary-General of the United Nations within one year of the entry into force of this Convention. Subsequent meetings shall be convened annually by the Secretary-General of the United Nations until the first Review Conference.
3. States not Parties to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Societies The Red Cross and Red Crescent and relevant non-governmental organisations may be invited to attend these meetings as observers, in accordance with the agreed rules of procedure.
1. The Secretary-General of the United Nations shall convene a Review Conference five years after the entry into force of this Convention. The Secretary-General of the United Nations shall convene other Review Conferences if requested by one or more States Parties, provided that the interval between them is not less than five years. All States Parties to this Convention shall be invited to all Review Conferences.
2. The purpose of the Review Conference will be:
(a) Evaluate the functioning and the state of implementation of this Convention;
(b) Consider the need to hold additional meetings of the States Parties, as referred to in Article 11 2) of this Convention, as well as the interval to exist between them; and
(c) Make decisions on requests from States Party provided for in Articles 3 and 4 of this Convention.
3. States not Parties to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Societies The Red Cross and Red Crescent and relevant non-governmental organizations may be invited to attend the Review Conferences as observers, in accordance with the agreed rules of procedure.
1. Any State Party may, at any time after the entry into force of this Convention, propose amendments thereto. Any proposal for an amendment shall be communicated to the Secretary-General of the United Nations, who shall circulate it among all the States Parties and shall ask for his opinion on whether to convene an Amendment Conference to consider the proposal. If a majority of the States Party notifies the Secretary-General, no later than 90 days after its circulation, that he is in favour of continuing with the consideration of the proposal, the Secretary-General shall convene an Amendment Conference to which the Secretary-General shall convene a all States Parties shall be invited.
2. States not Parties to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International Committee of the Red Cross, the International Federation of Societies The Red Cross and Red Crescent 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 a Meeting of the States Parties or an Examination Conference, unless a majority of States Parties request that it be held before.
4. Any amendment to this Convention shall be adopted by a two-thirds majority of the States Parties present and voting in the Amendment Conference. The Depositary shall communicate any such amendment adopted to all States.
5. Any amendment to this Convention shall enter into force for the States Parties which have accepted the amendment on the date of deposit of the acceptances by a majority of the States Parties to the date of adoption of the amendment. Henceforth, it shall enter into force for the other States Parties on the date on which they deposit their instrument of acceptance.
ARTICLE 14. ADMINISTRATIVE COSTS AND TASKS.
1. The costs of the Meetings of the States Parties, the Conference of Examination and the Conferences of Amendment shall be borne by the States Parties and by the States not Party to the present Convention participating in them, in accordance with the scale of the the United Nations properly adjusted.
2. The costs incurred by the Secretary-General of the United Nations in accordance with Articles 7 and 8 of this Convention shall be borne by the States Party of Conformity with the United Nations quota scale properly adjusted.
3. The implementation by the Secretary-General of the United Nations of the administrative tasks assigned to him under this Convention is subject to the corresponding mandate of the United Nations.
This Convention, made in Dublin on 30 May 2008, will be open to all States for signature in Oslo on 3 December 2008 and after that date at the United Nations Headquarters in New York until its entry into force.
ARTICLE 16. RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION.
1. This Convention is subject to the ratification, acceptance or approval of the Signatories.
2. The Convention shall be open to the accession of any State which has not signed it.
3. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.
1. This Convention shall enter into force on the first day of the sixth month from the date of deposit of the 30th instrument of ratification, acceptance, approval or accession.
2. For any State which deposits its instrument of ratification, acceptance, approval or accession from the date of deposit of the 30th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month from the date of deposit by that State of its instrument of ratification, acceptance, approval or accession.
ARTICLE 18. PROVISIONAL APPLICATION.
Any State may, at the time of ratification, acceptance, approval or accession to this Convention, declare that it will provisionally apply Article 1 of the Convention while its entry into force is pending. for such a State.
The Articles of this Convention shall not be subject to reservation.
ARTICLE 20. DURATION AND COMPLAINT.
1. This Convention shall have unlimited duration.
2. Each State Party shall, in the exercise of its national sovereignty, have the right to denounce this Convention. It shall communicate such denunciation to all States Parties, the Depositary and the United Nations Security Council. Such an instrument of denunciation shall include a full explanation of the reasons for the complaint.
3. Such denunciation shall take effect only six months after receipt of the instrument of denunciation by the Depositary. However, if at the end of that six-month period, the State Party is involved in an armed conflict, the complaint shall not take effect before the end of the armed conflict.
ARTICLE 21. RELATIONS WITH STATES NOT PART OF THIS CONVENTION.
1. Each State Party shall encourage States not Parties to ratify, accept, approve or accede to this Convention, with the aim of achieving the binding of all States to this Convention.
2. Each State Party shall notify the governments of the States not Parties to this Convention, referred to in paragraph 3 of this Article, of its obligations under this Convention, shall promote the rules that it establishes. and shall make every effort to discourage States not Parties to this Convention from using cluster munitions.
3. Without prejudice to the provisions of Article 1 of this Convention and in accordance with International Law, States Parties, their military personnel or their nationals may cooperate militarily and participate. in operations with States not Parties to this Convention that may develop activities that are prohibited to a State Party.
4. Nothing in paragraph 3 of this Article shall authorize a State Party to:
(a) Develop, produce, or acquire in one way or another, cluster munitions;
(b) Store the same or transfer cluster munitions;
(c) Use the same cluster munitions; or
(d) expressly request the use of cluster munitions in cases where the choice of ammunition used is under its sole control.
The Secretary-General of the United Nations shall be the Depositary of this Convention.
The Arabic, Chinese, Spanish, French, English, and Russian texts of this Convention shall be equally authentic.
The undersigned Coordinator of the Aarea of Treaties of the International Legal Affairs Directorate of the Ministry of Foreign Affairs
CERTIFIES:
That the reproduction of the text above is a faithful and complete photocopy of the text in Spanish of the "Convention on Cluster Munitions", made in Dublin on May 30, 2008, which consists of twenty-six (26) folios, certified by the Assistant Secretary General for Legal Affairs of the United Nations, a document that is based on the archives of the International Legal Affairs Directorate of the Ministry of Foreign Affairs.
Dada in Bogotá, D. C., at nine (9) days of the month of November of two thousand nine (2009).
The Coordinated Area of Treaties, Directorate of International Legal Affairs,
MARGARITA ELIANA MANJARREZ HERRERA.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., November 17, 2009
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. I endorsed the 'Convention on Cluster Munitions', signed in Dublin, Republic of Ireland, on 30 May of two thousand eight (2008).
Article 2o. In accordance with the provisions of Article 1 (1) of Law 7 of 1944, the "Convention on Cluster Munitions", signed in Dublin, the Republic of Ireland, the thirty (30) of May, two thousand eight (2008), which, by the first article of this law, approves, will oblige the Republic of Colombia from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
Dada en Bogotá, D. C., a los
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of National Defense.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., November 17, 2009
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Jaime Bermudez Merizalde.
DECRETA:
Article 1o. I endorsed the 'Convention on Cluster Munitions', signed in Dublin, Republic of Ireland, on 30 May of two thousand eight (2008).
Article 2o. In accordance with the provisions of Article 1 (1) of Law 7 of 1944, the "Convention on Cluster Munitions", signed in Dublin, Republic of Ireland, the thirty (30) May of two thousand eight (2008), which by the first article of this law approves, will oblige the Republic of Colombia from the date on which the international link with respect to it is perfected.
Article 3o. This law applies from the date of its publication.
The President of the honorable Senate of the Republic,
ROY MONTEALEGRE BARRIERS.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (E.) of the honourable House of Representatives,
FLOR MARINA DAZA RAMIREZ.
COLOMBIA-NATIONAL GOVERNMENT
Contact and comply.
Execute, subject to revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., at 21 December 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN CUELLAR.
The Minister of National Defense,
JOHN CARLOS PINZON BUENO.
