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Approves The Protocol On Explosive Remnants Of War (Protocol V) To The Convention On Prohibitions Or Restrictions On The Use Of Certain Conventional Weapons Which May Be Deemed As Producing Excessive Traumatic Effects Or Hurting Indiscriminadame

Original Language Title: Aprova o Protocolo sobre Explosivos Remanescentes de Guerra (Protocolo V) à Convenção sobre a Proibição ou Limitação do Uso de Certas Armas Convencionais que podem ser consideradas como produzindo efeitos traumáticos excessivos ou ferindo indiscriminadame

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MOTION FOR RESOLUTION No. 49 /X

Considering as essential the deepening of the acquis normative that contemplates the

protection of civil society in situations of conflict;

Recalling that the Convention on the Prohibition or Limitation of the Use of Certain Arms

Conventional Ones That Can Be Considered as Producing Traumatic Effects

Excessive or Indiscriminately Injuring, incorporating the Protocols I, II and III, was

adopted by the United Nations Conference on prohibitions or restrictions on the use of

certain conventional weapons that can be considered as producing effects

excessive traumatic or injuring indiscriminately, carried out in Geneva of 10 a

September 28, 1979 and from September 15 to October 10, 1980;

Considering that, pursuant to Article 5 (1) and (3), the said Convention and the

respective Protocols I, II and III came into force in the international legal order in 2

of December 1983;

Recalling that the Portuguese Republic signed the said Convention on the day 10 of

April 1981, having been approved by the Resolution of the Assembly of the Republic No 1/97

and ratified by the Decree of the President of the Republic No 1/97, both published in the

Journal of the Republic , 1. th Series-A, paragraph 10, of January 13, 1997;

Considering that the Portuguese Republic deposited, on April 4, 1997, together with the

Secretary-General of the United Nations, in New York, the instrument of ratification,

deposit this made public by the Notice No 219/2000, published in the Journal of the

Republic , 1. th Series-A, para. 271, of November 23, 2000, having the said

Convention entered into force for our country on October 4, 1997, pursuant to the

n Article 5 (2);

Having present the harmful effects and humanitarian needs arising from the

persistence of explosive remnants of war, in scenarios of conflict, after the

cessation of hostilities;

Recognizing, for that same reason, the need to adopt a set of

corrective obligations and corrective measures that aim to minimise the high number of victims

accidental resulting from accidents involving ammunition not deflagrated in the course

of the conflicts;

2

Further emphasizing the urgency of adopting rules allowing for the reduction of the

emergence of explosive remnants of war;

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Approving the Protocol on Explosive Remnants of War (Protocol V) to the

Convention on the Prohibition or Limitation of the Use of Certain Conventional Weapons that

They may be Considered as Producing Excessive Traumatic Effects or Ferindo

Indiscriminately, adopted by the High Contracting Parties to the Meeting of States

Parties to the said Convention, on November 28, 2003, the text of which, in its version

authenticated in English language and respective translation in Portuguese language, publishes in

attachment.

Seen and approved in Council of Ministers of March 8, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs