Anti-Personnel Mines Prohibition Act
This Act sets out rules to prohibit anti-personnel mines and to provide for their destruction, inspections, and international cooperation.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- South Africa
- Instrument
- Act or statute
- Citation
- Act 36 of 2003
- Version
- Undated source snapshot
- Language
- en
- Updated
- Official source
- View official record ↗
Publicly available, excluded from search-engine indexing
This page remains available for direct access and API use, but this release emits
noindex,follow for the following reason:
- The record does not meet this release's canonical indexing criteria.
(market-indexing-disabled)
Statute overview
About this statute
This Act sets out rules to prohibit anti-personnel mines and to provide for their destruction, inspections, and international cooperation. This section is titled as dealing with offences and penalties about providing information on anti-personnel mines in possession or destroyed. This section is titled “Short title and commencement of power and assignment of duty.” This section defines key terms used in the Act. This section states the Act’s objects and gives the Minister power to update the Schedule when Convention changes bind the Republic.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Anti-Personnel Mines Prohibition Act
Showing 83 of 83
- 5 Verify source ↗
DECEMBER 2003
AI-assisted research summary: This Act sets out rules to prohibit anti-personnel mines and to provide for their destruction, inspections, and international cooperation.
5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT. 2003 (English text signed by the President.) (Assented to 2 December 2003.) ACT To enact the “Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction” into law; to provide for the destruction of anti-personnel mines; to provide for domestic and international inspections; to provide for international cooperation; and to provide for matters connected therewith. Preamble WHEREAS anti-personnel mines- * constitute a deadly scourge that kills and maims innocent and defenceless after violent conflicts and inhibits socio-economic civilians during and development and reconstruction; * have had a destabilising effect on civilian populations in Africa and in the region of the Southern African Development Community in particular; AND WHEREAS- * citizens should live in a safe environment; * the universal, comprehensive and immediate prohibition and destruction of anti-personnel mines is the only solution to rid the world of this scourge; * the Republic has placed a moratorium on the export of all mines and has unilaterally destroyed all the Republic’s stockpiled anti-personnel mines, save for those retained for the purposes of developing and conducting training in mine-detection, mine-clearance, mine-deactivation or mine-destruction tech- niques; * domestic as well as international assistance and cooperation are necessary to ensure the expeditious eradication of anti-personnel mines as well as the care, rehabilitation and social and economic reintegration of mine victims; * the Republic has signed and ratified the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September 1997; * the Convention requires States Parties to take appropriate legal measures to prevent and suppress the activities prohibited by the Convention; * the Republic is committed to the implementation of international humanitar- ian law and international law on armed conflict, B E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:- ARRANGEMENT OF ACT Sections 1. Definitions 5 4 No. 25820 GAZETTE, GOVERNMENT 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 CHAPTER 1 OBJECTS AND APPLICATION OF ACT, AND ENACTMENT OF CONVENTION INTO LAW 2. 3. 4. Objects of Act Enactment of Convention into law Extraterritorial application of Act, and jurisdiction CHAPTER 2 PROHIBITION, OFFENCES AND PENALTIES 5 . 6 . Prohibition Offences and penalties CHAPTER 3 EXEMPTIONS 7. 8. 9. 10. 11. Minister may authorise possession of anti-personnel mines Minister may authorise transfer of anti-personnel mines Customs officials Public museums, military museums, private collectors and public collectors Military activities CHAPTER 4 DESTRUCTION AND CLEARANCE OF ANTI-PERSONNEL MINES 12. 13. Surrender of anti-personnel mines and forfeiture to State Destruction of anti-personnel mines held in Republic CHAPTER 5 DOMESTIC INSPECTIONS 14. 1.5. 16. 17. 18. 19. 20. Appointment of domestic inspector Conditions imposed on domestic inspector Termination of appointment of domestic inspector Entry and search of premises with warrant Identification prior to entry, and resistance against entry Entry and search of premises without warrant Offences and penalties in respect of search of premises CHAPTER 6 INTERNATIONAL INSPECTIONS 21. 22. 23. 24. International fact-finding missions to Republic Certificate as international inspector Conditions imposed on international inspector Immunities and privileges of international inspectors CHAPTER 7 INTERNATIONAL COOPERATION .5 10 15 20 25 30 3.5 2.5. 26. International cooperation Authorisation to take part in international fact-finding mission outside 40 Republic 6 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER ‘2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 CHAPTER 8 INFORMATION AND RECORDS Reporting Power to gather information 27. 28.
Part
CHAPTER 8
- 30 Verify source ↗
Offences and penalties in respect of provision of information
AI-assisted research summary: This section is titled as dealing with offences and penalties about providing information on anti-personnel mines in possession or destroyed.
30. Offences and penalties in respect of provision of information of anti-personnel mines in possession or destroyed CHAPTER 9 GENERAL PROVISIONS Regulations 3 1. Guidelines for training 32. - 29 Verify source ↗
Any person contemplated in section 7(1), lO(1) or 13(2) must maintain a written
AI-assisted research summary: Certain persons must keep a written record, in the prescribed format, of anti-personnel mines, component parts, and plans in their possession or destroyed by them.
29. Any person contemplated in section 7(1), lO(1) or 13(2) must maintain a written record in the prescribed format of all anti-personnel mines, component parts and plans in his or her possession or destroyed by him or her. Offences and penalties in respect of provision of information 30. (1 (a) ) A person is guilty of an offence if he or she- without reasonable excuse, fails to comply with a notice contemplated in section 28(2); (b) intentionally or recklessly provides false information in relation to such notice; or (c) fails to maintain a record as contemplated in section 29. (2) Any person convicted of an offence contemplated in subsection (1) is liable to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment. 30 35 40 45 26 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 CHAPTER 9 GENERAL PROVISIONS Guidelines for training
Part
CHAPTER 9
- 34 Verify source ↗
Short
AI-assisted research summary: This section is titled “Short title and commencement of power and assignment of duty.”
34. Short title and commencement of power and assignment of duty 5 10 Definitions SCHEDULE - 1 Verify source ↗
In this Act any word or expression to which a meaning has been assigned in the
AI-assisted research summary: This section defines key terms used in the Act.
1. In this Act any word or expression to which a meaning has been assigned in the Convention bears the meaning so assigned thereto and, unless the context indicates otherwise- 15 “agent” means a person employed on behalf of the Department of Defence or the South African Police Service to destroy anti-personnel mines or develop and conduct training in mine-detection, mine-clearance and mine-destruction tech- niques; “anti-personnel mine” includes any other mine or device which performs in a manner consistent with an anti-personnel mine as defined in the Convention; “component part” means any identifiable component designed or adapted to form part of an anti-personnel mine; “Convention” means the Convention on the Prohibition of the Use, Stockpiling. Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September 1997, which is set out in the Schedule and was signed by the Republic on 3 December 1997 and ratified by the Republic on 26 June 1998; “customs official” means an officer as defined in section 1 of the Customs and Excise Act, 1964 (Act No. 91 of 1964); “Department of Defence” means the Defence Secretariat and the South African National Defence Force referred to in section 5 of the Defence Act, 2002; “domestic inspector” means a person appointed as a domestic inspector by the Minister in terms of section 14; “employee of the Department of Defence” means a member of the South African the Defence Act, 2002, and an National Defence Force employee of the Department of Defence employed in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994); “export” means- ( a ) the entering into an agreement by a person in the Republic to supply another person outside the Republic with an anti-personnel mine, a component part or a plan, whether or not that is done in exchange for currency or any other commodity or benefit; or employed in terms of (bj the transfer of an anti-personnel mine, a component part or a plan from the Republic to any place outside the Republic, or causing an anti-personnel mine, a component part or a plan to be so transferred, whether or not that is done in exchange for currency or any other commodity or benefit; 20 25 30 35 40 45 “import” means to bring an anti-personnel mine, a component part or a plan into any part of the Republic or causing an anti-personnel mine, a component part or a 50 8 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT. 2003 plan to be so brousht in, whether or not that is done in exchange for currency or any other commodity or benefit; “information” means any recorded information regardless of form or medium; “international inspector” means a person appointed by the Secretary-General of the United Nations as an international inspector and who forms part of an international fact-finding mission to the Republic; “manufacture” includes the design, development, production and assembly of an anti-personnel mine, a component part or plan; “Minister” means the Minister of Defence; “organ of state” means an organ of state as defined in section 239 of the Constitution: “party” means any state that has signed and ratified, or acceded to, the Convention; “person” has the meaning assigned to it in the Interpretation Act, 1957 (.4ct No. 33 of 1957), and, except in section 30, includes an organ of state; “place”, in relation to an anti-personnel mine, means to use, locate, emplace or situate an anti-personnel mine in a manner that would or could cause an explosion by the presence, proximity or contact of a person; “plan” means a plan or design of an anti-personnel mine or a component part; “police official” means- (a) a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 1995 (Act No. 68 of 1995); 5 10 15 20 (b) a person designated by the Minister of Safety and Security as a police official; ( c ) a military police official; or (d) any other member of the South African National Defence Force deployed in a 25 joint operation in cooperation with the South African Police Service; “possess” means to have an anti-personnel mine, a component part or a plan under one’s control in an area under one’s control; “premises” includes any land, building or structure or any vehicle, vessel, aircraft or other means of conveyance; “procure” means to obtain an anti-personnel mine, a component part or a plan through purchase, forfeiture, donation, cession, transfer or discovery; “this Act” includes any regulation made under section 32; “transfer” includes the- (a) transfer of title to and control over an anti-personnel mine, a component part or a plan; ( b ) selling, hiring, letting, lending, borrowing, donating, giving, purchasing, receiving or parting with or gaining possession of an anti-personnel mine, a component part or a plan; and transit of an anti-personnel mine, a component part or a plan into, out of or through the territory of the Republic by any means but does not involve the transfer of land containing emplaced anti-personnel mines. (c) CHAPTER 1 OBJECTS AND APPLICATION OF ACT, AND ENACTMENT OF CONVENTION INTO LAW Objects of Act - 31 Verify source ↗
The Minister must ensure that-
AI-assisted research summary: The Minister must ensure training guidance and military instructions are issued, may make regulations, must table those regulations in Parliament, and may delegate or assign powers and duties with limits.
31. The Minister must ensure that- (u) general guidelines are issued in respect of the training of any official 5 performing a function in terms of this Act or the Convention; and ( 6 ) military instructions and operating procedures relevant to the Convention and this Act are issued, and that members of the South African National Defence Force receive training commensurate with their duties to comply with this Act. 10 Regulations ) The Minister may, by notice in the Gazette, make regulations regarding- anything that may or must be prescribed in terms of this Act; and any administrative or procedural matter which it is necessary to prescribe in order to give effect to the provisions of this Act. 15 (2) The Minister must cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after publication thereof. Delegation of power and assignment of duty 33. (1) The Minister may delegate any power, in whole or in part, conferred upon him or her by this Act, except the power to make regulations in terms of section 32, and assign any duty, in whole or in part, imposed upon him or her in terms of this Act, to- 20 (a) the Secretary for Defence; (b) the Chief of the South African National Defence Force; or (c) an employee of the Department of Defence holding a position or rank of at least Director, Brigadier-General or Rear Admiral (Junior Grade). (2) A delegation or an assignment in terms of subsection (1)- (a) must be in writing; (6) is subject to such terms and conditions as the Minister may impose; and (c) does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty in question. 25 30 Short title and commencement - 34 Verify source ↗
This Act is called the Anti-Personnel Mines Prohibition Act, 2003, and takes effect
AI-assisted research summary: The Act is named the Anti-Personnel Mines Prohibition Act, 2003, and it starts on a date set by the President in the Gazette.
34. This Act is called the Anti-Personnel Mines Prohibition Act, 2003, and takes effect on a date fixed by the President by proclamation in the Gazette. SCHEDULE Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 18 September 1997 35 The States Parties, PREAMBLE Determined to put an end to the suffering and casualties caused by anti-personnel mines, that kill or maim hundreds of people every week, mostly innocent and defenceless civilians and especially children, obstruct economic development and reconstruction, inhibit the repatriation of refugees and internally displaced persons, and have other severe consequences for years after emplacement, 40 28 No. 25820 GOVERNMENT GAZElTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MJNES PROHIBITION ACT, 2003 Believing it necessary to do their utmost to contribute in an efficient and co-ordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction, Wishing to do their utmost in providing assistance for the care including the social and economic reintegration of mine victims, and rehabilitation, 5 Recognising that a total ban of anti-personnel mines would also be an important confidence-building measure, Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional 10 Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and calling for the early ratification of this Protocol by all States which have not yet done so, Welcoming also United Nations General Assembly Resolution 5 1/45 S of 10 December 1996 urging all States to pursue vigorously an effective, legally-binding international 1.5 agreement to ban the use, stockpiling, production and transfer of anti-personnel landmines, Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines, 20 Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognising the efforts to that end undertaken by the International Red Cross and Red Crescent Movement, the International Campaign to Ban Landmines and numerous other non-governmental organisations around the world, 2.5 Recalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of - 27 Verify source ↗
June 1997 urging the international community to negotiate an international and
AI-assisted research summary: This section introduces an agreement aimed at prohibiting anti-personnel mines and sets out general international humanitarian law principles.
27 June 1997 urging the international community to negotiate an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines, Emphasising the desirability of attracting the adherence of all States to this Convention, 30 and determined to work strenuously towards the promotion of its universalisation in all relevant fora including, inter alia, the United Nations, the Conference on Disarmament, regional organisations, and groupings, and review conferences of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May to Be Excessively Injurious or to Have Indiscriminate Effects, Be Deemed 35 Basing themselves on the principle of international humanitarian law that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited, on the principle that prohibits the employment in armed conflicts of weapons, projectiles and materials and methods of warfare of a nature to cause superfluous injury or unnecessary suffering and on the principle that a distinction must be made between 40 civilians and combatants, Have agreed as follows: Article 1 General obligations - 1 Verify source ↗
Each State Party undertakes never under any circumstances:
AI-assisted research summary: Each State Party must never, under any circumstances, use, make, acquire, stockpile, keep, or transfer anti-personnel mines, or help others do so.
1. Each State Party undertakes never under any circumstances: 4.5 (a) To use anti-personnel mines; 30 No. 25820 GOVERNMENT GAZEXTE, 5 DECEMBER 2003 Act No. 36,2003 ANT-PERSONNEL MINES PROHIBITION ACT, 2003 ( b ) To develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directiy or indirectiy, anti-personnei mines; (c) To assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention. - 2 Verify source ↗
Each State Party undertakes to destroy or ensure the destruction of all
AI-assisted research summary: Each State Party must destroy or ensure the destruction of all anti-personnel mines under this Convention.
2. Each State Party undertakes to destroy or ensure the destruction of all 5 anti-personnel mines in accordance with the provisions of this Convention. Article 2 Definitions 1. “Anti-personnel mine” means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more 10 persons. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped. 2. “Mine” means a munition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person 15 or a vehicle. 3. “Anti-handling device” means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. 4. “Transfer” involves, in addition to the physical movement of anti-personnel mines 20 into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines. 5. “Mined area” means an area which is dangerous due to the presence or suspected presence of mines. Article 3 Exceptions 25
Part
CHAPTER 1
- 2 Verify source ↗
The objects of the Act are-
AI-assisted research summary: This section states the Act’s objects and gives the Minister power to update the Schedule when Convention changes bind the Republic.
2. The objects of the Act are- (a) to enact the Convention into law as required by section 23 l(4) of the Constitution; 30 35 40 45 10 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 (bj to ensure that anything done in terms of this Act conforms to the obligations (c) of the Republic in terms of the Convention; to prohibit the use, stockpiling, production, development, acquisition and transfer of anti-personnel mines and to ensure the destruction thereof; (d) to provide for ( e ) to provide for international cooperation. domestic and international inspections; and 5 Enactment of Convention into law 3. (1) Subject to this Act, the Convention has the force of law in the Republic. (2) The Minister may from time to time by notice in the Gazette amend the Schedule to reflect any changes made to the Convention if those changes are binding on the 10 Republic in terms of section 231 of the Constitution. Extraterritorial application of Act, and jurisdiction 4. (1) Any competent court, which includes a military court as defined in section 1 of the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), may try any- 15 ( a ) South African citizen as contemplated in the South African Citizenship Act, 1995 (Act No. 88 of 1995); (b) person who holds a permanent residence permit contemplated in section 25 of the Immigration Act, 2002 (Act No. 13 of 2002); incorporated or registered in the Republic; or ( e ) juristic person (d) person contemplated in section 3 of the Military Discipline Supplementary Measures Act, 1999 (Act No. 16 of 1999), whether or not such a person is a South African citizen or holds a permanent residence permit, for any offence in terms of this Act, notwithstanding the fact that the act or omission to which the relates was committed outside the Republic. charge (2) No prosecution may be instituted against any person contemplated in subsection (1) without the written consent of the National Director of Public Prosecutions. (3) Notwithstanding any law to the contrary, any magistrate’s court has jurisdiction to impose any penalty provided for in terms of this Act. CHAPTER 2 PROHIBITION, OFFENCES AND PENALTIES Prohibition
Part
CHAPTER 2
- 5 Verify source ↗
Subject to section 7 or 8, no person may-
AI-assisted research summary: No person may handle anti-personnel mines, component parts, or plans, except where sections 7 or 8 apply.
5. Subject to section 7 or 8, no person may- ( a ) place, possess, procure, manufacture, stockpile, transfer, deal in, import or export an anti-personnel mine; (bj possess, procure, manufacture, stockpile, transfer, deal in, import or export a component part; or (c) possess, procure, manufacture, transfer, deal in, import or export a plan. 20 25 30 35 Offences and penalties 6. (1) Any natural person who contravenes a provision of section 5 is guilty of an 40 offence and liable on conviction to a fine or to imprisonment for a period not exceeding 25 years or to both a fine and such imprisonment. (2) Any juristic person which contravenes a provision of section 5 is guilty of an offence and liable on conviction to a fine not exceeding R1 million. (3) Any court convicting any person of an offence under this Act may, in addition to 45 any other punishment imposed in respect of that offence, declare any weapon, vehicle, uniform, equipment or other property or object in respect of which the offence was committed or which was used for, in or in connection with the commission of the offence, to be forfeited to the State. 12 GOVERNMENT No. 25820 2003 GAZETI’E, 5 DECEMBER Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 CHAPTER 3 EXEMPTIONS Minister may authorise possession of anti-personnel mines 7. (1) ( a ) The Minister may- (i) exempt any organ of state or any employee of such organ, any agent or any 5 other person from a prohibition referred to in section 5 ; and (ii) authorise such organ, employee, agent or person to possess an anti-personnel mine, a component part or a plan, for the purposes of developing and conducting training in mine-detection, mine- clearance or mine-destruction techniques or for its destruction. (b) Any exemption contemplated in paragraph ( a ) must be in writing and must state the number of anti-personnel mines that may be possessed under the authorisation in question. (2) (a) The total number of mines which may be exempted for possession in terms of subsection (1) may not exceed 5000. 10 15 ( b ) If the Minister authorises the possession of anti-personnel mines by an agent or any other person as contemplated in subsection (l), he or she must limit the number of mines which may be possessed in each case to the least number of mines necessary for the purpose of the authorisation in question. (3) Any person who possesses an anti-personnel mine in terms of an authorisation 20 contemplated in subsection (1) must keep such mine in accordance with the provisions of the Explosives Act, 2002. Minister may authorise transfer of anti-personnel mines
Part
CHAPTER 3
- 8 Verify source ↗
Subject to any law regulating the transfer of arms, an anti-personnel mine, a
AI-assisted research summary: Transfers of anti-personnel mines, components, or plans to or from the Republic are allowed only with the Minister’s written authorisation, and the rule is subject to any law regulating arms transfers.
8. Subject to any law regulating the transfer of arms, an anti-personnel mine, a component part or a plan which may be possessed in terms of section 7 may only be 25 transferred to and from the Republic with the written authorisation of the Minister. Customs officials - 9 Verify source ↗
A customs official who seizes an anti-personnel mine, a component part or a plan
AI-assisted research summary: A customs official who seizes an anti-personnel mine, component part, or plan must hand it over to a police official within a reasonable time.
9. A customs official who seizes an anti-personnel mine, a component part or a plan in terms of the Customs and Excise Act, 1964 (Act No. 91 of 1964), must hand such mine, component part or plan over to a police official within a reasonable time. 30 Public museums, military museums, public collectors and private collectors 10. (1) Subject to any condition prescribed by a regulation made under section 32, a public museum, military museum, public collector or private collector may possess an anti-personnel mine, component part or plan if- ( a ) the Minister authorises such possession; and ( b ) such mine or part is devoid of explosive material and explosive triggering 35 devices. (2) For the purposes of this section- ( a ) “military museum” means a military, regimental or veterans’ museum, or an exhibition or display of a historical nature for public or private display, that is 40 accredited by the Department of Defence; ( b ) “private collector” means a person who collects firearms, is a member of an accredited collectors’ association and is not a public collector; ( c ) “public collector” means a person who collects firearms for display to the public and who is accredited as such in terms of the Firearms Control Act, 45 2000 (Act No. 60 of 2000); and (d) “public museum” means an institution defined as such in section 3( 1) and (2) of the Cultural Institutions Act, 1998 (Act No. 119 of 1998). 14 No. 25820 GOVERNMENT GAZETTE. 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MWES PROHIBITION ACT, 2003 11. (1) The Department of Defence may participate in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention as long as such- ( u ) operations, exercises or activities are not in contravention of the Convention; 5 and ( b ) participation does not amount to assistance in any activity prohibited by the Convention. (2) If such contravention occurs, the Minister must order the termination of any further involvement in the operation, exercise or activity in question, unless the state in question takes immediate steps to rectify the situation giving rise to the contravention. (3) A military force of another state visiting the Republic in terms of an international obligation or an agreement between that state and the Republic and the members of such force are bound by this Act. CHAPTER 4 DESTRUCTION AND CLEARANCE OF ANTI-PERSONNEL MINES Surrender of anti-personnel mines and forfeiture to State 12. (1) Unless exempted by the Minister as contemplated in section 7, any person in possession of an anti-personnel mine, a component part or a plan immediately before this Act took effect, must, within six months from the date on which this Act took effect, notify a police official designated by the Minister of Safety and Security of such possession. (2) In the event of any military operational deployment outside the Republic, any person in possession of an anti-personnel mine, a component part or a plan must notify a military police official or any other person designated by the Chief of the South African National Defence Force for this purpose. (3) The police official, military police official or other person, as the case may be, must register the notification in the manner prescribed by a regulation made under section 32 and must arrange for the collection of the mine, component part or plan without delay. (4) All anti-personnel mines, component parts and plans collected in terms of this section are forfeited to the State. 10 15 20 25 30 Destruction of anti-personnel mines held in Republic 13. (1) Subject to section 7, the Minister must ensure the destruction of all stockpiled and emplaced anti-personnel mines in the Republic within the time-frames set out in the Convention. 35 (2) The destruction of anti-personnel mines may only be undertaken by a competent authority appointed by the Department of Defence or the South African Police Service, an agent or any other organ of state authorised to do so by a competent authority appointed by the Department of Defence or the South African Police Service. (3) Any destruction of an anti-personnel mine must be carried out in compliance with any applicable environmental and occupational health and safety legislation. CHAPTER 5 DOMESTIC INSPECTIONS Appointment of domestic inspector 14. (1) The Minister may, in writing, appoint a competent person as a domestic inspector t o - (a) investigate and enforce compliance with this Act; or (b) assist an international inspector investigating any alleged non-compliance with the Convention. (2) (a) Subject to section 15, a domestic inspector is appointed until the completion of a specific task. 40 45 50 16 No. 25820 GAZEITE, GOVERNMENT 5 DECEMBER 2003 - Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBEION ACT, 2003 ( 6 ) The Minister must set out the rnamdate of the domestic inspector in his or her letter of appointment. (3) The Minister must issue to every domestic inspector a certificate of appointment identifying the domestic inspector by name, indicating the inspector's status and authority to conduct inspections and setting out any conditions imposed on him or her in terms of section 15. (4) A domestic inspector must comply with the written instructions of the Minister in 5 performing his or her functions. (5) A domestic inspector who is not in the full-time service of the State must be paid such remuneration and allowances as the Minister may, with the approval of the Minister of Finance, determine. 10 Conditions imposed on domestic inspector 15. (1) The Minister may impose any condition on a domestic inspector regarding the performance of his or her functions, which conditions may relate to the protection-. ( a ) of sensitive equipment, information or areas; (b) of any constitutional right; and ( c ) and safety of the domestic inspector. 1s (2) A condition imposed under subsection (1) may require a domestic inspector not to exercise a specified power while on specified premises. (3) Domestic inspectors must adhere to international mine action standards endorsed by the United Nations Mine Action Service, and any safety standard or procedure contemplated in the Explosives Act, 2002. 20 Termination of appointment of domestic inspector
Part
CHAPTER 5
- 16 Verify source ↗
The Minister may, after giving a domestic inspector an opportunity to make
AI-assisted research summary: The Minister may end a domestic inspector’s appointment for good reason after hearing representations. With a warrant, domestic inspectors and police may enter and search specified premises, and people on the premises must assist and provide information when asked.
16. The Minister may, after giving a domestic inspector an opportunity to make representations and considering such representations, for good reason terminate the appointment of such a domestic inspector. 25 Entry and search of premises with warrant 17. (1) A domestic inspector accompanied by a police official may, on the authority of a warrant issued in terms of subsection (5) and subject to section 18, enter any premises specified in the warrant, including a private dwelling, and- (a) inspect, photograph, copy, test and examine any document, record, object or to be inspected, photographed, copied, tested and material, or cause it examined; (b) seize any document, record, object or material if he or she has reason to suspect that it might be used as evidence in a criminal trial; and ( c ) examine any activity, operation or process carried out on the premises. (2) A domestic inspector who removes anything from the premises being searched 30 35 must- (a) issue a receipt for it to the owner or person in control of the premises; and (b) unless it is an item prohibited in terms of this Act, return it as soon as 40 practicable after achieving the purpose for which it was removed. (3) Upon the request of a domestic inspector acting in terms of a warrant issued in terms of subsection ( 3 , the occupant and any other person present on the premises must- (a) make available or accessible or deliver to the inspector any document, record, object or material which pertains to an investigation contemplated in subsection (1) and which is in the possession or under the control of the occupant or other person; (b) furnish such information as he or she has with regard to the matter under investigation; and (c) render such reasonable assistance as the inspector may require to perform his or her functions efficiently in terms of this Act. (4) Before questioning any person at the premises in question, the domestic inspector 45 50 18 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 or police official must advise that person of his or her right to be assisted at the time by an advocate or attorney, and allow that person to exercise that right. (5) A warrant contemplated in subsection (1) may be issued by a judge or a magistrate who has jurisdiction- ( a ) in relation to premises on or from which there is reason to believe that a 5 contravention of this Act has been or is being committed; and (b) if it appears from information on oath or affirmation that there are reasonable grounds to believe that there is evidence available in or upon such premises of a contravention of this Act. (6) The warrant may impose restrictions on the powers of the domestic inspector. (7) A warrant issued in terms of this section- 10 ( a ) remains in force until- (i) it is (ii) it is executed; cancelled by the person who issued it or, if such person is not available, by any person with like authority; (iii) the expiry of one month from the day of its issue; or (iv) the purpose for the issuing of the warrant has lapsed, whichever occurs first; and ( h ) must be executed by day unless the person who issues the warrant authorises the execution thereof by night. (8) Any anti-personnel mine, component part or plan seized or preserved for evidence in criminal proceedings must be held, handled and disposed of in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), and the Explosives Act, 2002. 15 20 Identification prior to entry, and resistance against entry 18. (1) A domestic inspector or police official who has obtained a warrant in terms of 25 section 17(5) must immediately before entering the premises in question- ( a ) audibly announce that he or she is authorised to enter the premises and demand admission to the premises; and (b) notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such announcement or notification 30 might defeat the purpose of the search. (2) The domestic inspector must- ( a ) hand to the person in control of the premises a copy of the warrant or, if such person is not present, affix such a copy to a prominent place on the premises; and 35 ( 6 ) on request of the person in charge of such premises, show his or her certificate of appointment to that person. (3) A domestic inspector or police officer contemplated in subsection (1) may overcome resistance to the entry and search by using such force as is reasonably required, including the breaking of a door or window of the premises. (4) Before using force, the police officer or domestic inspector must audibly demand admission and must announce the purpose of the entry, unless there are reasonable grounds to believe that doing so might defeat the purpose of the search. 40 Entry and search of premises without warrant - 19 Verify source ↗
A domestic inspector, accompanied by a police official, may enter and search any 45
AI-assisted research summary: A domestic inspector, with a police official, may enter and search premises and seize or remove anti-personnel mines, components, or plans without a warrant if the stated consent or urgent-safety conditions are met.
19. A domestic inspector, accompanied by a police official, may enter and search any 45 premises and seize or remove any anti-personnel mine, component part or plan without a warrant if- ( a ) a person who is competent to do so consents to such entry, search, seizure or removal; or required- (h) immediate entry to the premises is to prevent serious damage to property or to the environment, (i) to ensure the safety of any person; or (ii) and there are reasonable grounds to believe that a warrant would be issued in terms of section 17(5) and that the delay caused by obtaining a warrant would defeat the object the warrant. of 50 55 GOVERNMENT 25820 No. 20 - Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 GAZETIE, 5 DECEMBER 2003 collected. Offences and penalties in respect of search of premises 20. (1) A person is guilty of an offence if he or she wilfully obstructs, or knowingly makes a false statement to, a police official or domestic inspector during a search under a warrant obtained in terms of section 17(5). (2) Any person convicted of an offence contemplated in subsection (1) is liable to a fine or to imprisonment for a period not exceeding one year or to both a fine and such imprisonment. CHAPTER 6 INTERNATIONAL INSPECTIONS International fact-finding missions to Republic 21. (1) An international fact-finding mission, authorised and mandated by the parties and appointed by the Secretary-General of the United Nations, may in accordance with Article 8 of the Convention enter and stay in the Republic to investigate any matter concerning the Republic’s alleged non-compliance with the Convention. (2) The Minister- ( a ) must take the necessary administrative measures to receive, transport and 5 10 15 accommodate the mission; (b) is responsible for ensuring the security of the mission to the maximum extent possible while in the Republic; (c) must make all efforts to ensure that the mission is given the opportunity to 20 speak with all relevant persons who may be able to provide information relating to the compliance matter in question; and (d) must grant the mission access to all areas and installations under the control of the Republic where facts relevant to the compliance matter could be expected to be 25 (3) The Minister must instruct a domestic inspector to accompany and assist an international inspector. (4) An international inspector, when accompanied by a domestic inspector and a police official, has all the rights contemplated in sections 17, 18 and 19. (5) The costs of any international fact-finding mission are to be borne by the parties. 30 (6) Subject to the Public Finance Management Act, 1999 (Act No. 1 of 1999), the Minister may authorise the reimbursement of any person who is not part of the international fact-finding mission in respect of any expenditure legitimately incurred by that person in connection with such mission. Certificate as international inspector 35
Part
CHAPTER 6
- 22 Verify source ↗
The Minister must issue to every member of an international fact-finding mission
AI-assisted research summary: The Minister must give each member of an international fact-finding mission in South Africa a certificate.
22. The Minister must issue to every member of an international fact-finding mission in South Africa a certificate that- (a) identifies the international inspector by name and indicates the inspector’s status and authority to conduct a fact-finding mission in South Africa; (b) states that the international inspector enjoys the privileges and immunities 40 contemplated in section 24( 1); and (c) sets out any condition contemplated in section 23. Conditions imposed on international inspector 23. (1) The Minister may impose any condition on an international inspector regarding the performance of his or her functions, which conditions may relate to the 45 protection- ( a ) of sensitive equipment, information or areas; (b) of any constitutional right; and ( c ) and safety of the international inspector. 22 No. 25820 GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT. 2003 (2) A condition imposed under subsection (1 1 may require an international inspecfor not to exercise a specified power while on specified premises. (3) In the event of the Minister imposing any condition on an international inspector, the Minister must make every reasonable effort to demonstrate through alternative means the Republic’s compliance with the Convention. (4) International inspectors must adhere to international mine action standards endorsed by the United Nations Mine Action Service, and any safety standard or procedure contemplated in the Explosives Act, 2002. 5 Immunities and privileges of international inspectors 24. (1) An international inspector enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations set out in Schedule 3 to the Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 200 I). (2) ( a ) An international inspector may import any equipment necessary to perform his or her functions in respect of a fact-finding mission into the Republic, and may export the equipment from the Republic at the end of the mission. (b) The import and export of equipment contemplated in paragraph ( a ) is free from 10 1.5 any tax or duty. CHAPTER 7 INTERNATIONAL COOPERATION International cooperation 20 25. (1) Any international cooperation or assistance rendered or received by the Republic under Article 6 of the Convention must take place in terms of a formal agreement. (2) The agreement must specify- (a) the nature and conditions of the cooperation or assistance; (b) the obligations of all parties to the agreement, including financial obligations; (c) any diplomatic privileges and immunities to be enjoyed by any person; and (d) procedures for the settlement of disputes. 2.5 (3) The agreement may provide for- (a) the exchange of equipment, material and scientific and technological 30 information concerning the implementation of the Convention; (h) humanitarian assistance, including- (i) assistance for mine-clearance; (ii) victim assistance; and (iii) mine-awareness programmes and mine-risk education; (c) the care, rehabilitation and social and economic reintegration of mine victims; and (d) assistance as contemplated in paragraph 4 of Article 6 of the Convention. 3.5 Authorisation to take part in international fact-finding mission outside Republic 26. (1) The Minister may, in consultation with a competent Minister where necessary, appoint and authorise in writing any qualified South African expert to be a member of an international fact-finding mission to another country. (2) Any person so appointed and authorised must, for the purposes of the fact-finding mission, perform his or her functions in terms of the directives and instructions of a body or entity authorised by the parties. (3) Throughout the fact-finding mission the person is accountable to the body or entity 40 45 authorised by the parties and he or she must report to it during such mission. GOVERNMENT No. 25820 24 GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 (4) ( a ) The person must be employed in terms of an agreement signed by the Minister, or his or her duly authorised representative, and a duly authorised representative of the body or entity. (b) The agreement must at least state- (a) the conditions of employment; (b) the financial obligations of all parties to the agreement; (c) the privileges and immunities of the person concerned; and (d) the manner of settlement of disputes. CHAPTER 8 INFORMATION AND RECORDS 5 10 Reporting 27. (1) The Minister must- (a) gather, record and disseminate information in compliance with the Conven- tion and must report on the Republic’s compliance with the Convention- (i) through the Minister of Foreign Affairs, to the Secretary-General of the 15 (ii) United Nations; and to Parliament within two weeks after the Minister has made the report contemplated in subparagraph (i); (b) monitor the Republic’s compliance with the Convention; and (c) keep a record of all exemptions granted in terms of section 7 and a record of 20 all anti-personnel mines destroyed in terms of this Act. (2) The report contemplated in subsection (l)(a) must include- (a) the annual reports required under Article 7 of the Convention; and (b) the information required under the Convention regarding mine-clearance, including lists of experts, expert agencies and national points of contact for the United Nations database on mine-clearance. 25 Power to gather information 28. (1) The Minister may gather information from any person if the information is necessary for- (a) the administration and enforcement of this Act; and (b) compliance with the Convention. (2) The Minister may, by written notice served on any person, require that person to provide such information as may be necessary within the period and in the manner and form specified in the notice. Record of anti-personnel mines in possession or destroyed
Part
part of, linked to, attached to or placed under the mine and which activates when an
- 1 Verify source ↗
Notwithstanding the general obligations under Article 1, the retention or transfer of
AI-assisted research summary: The retention or transfer of some anti-personnel mines is permitted for developing and training in mine detection, mine clearance, or mine destruction techniques.
1. Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned 30 purposes. - 2 Verify source ↗
The transfer of anti-personnel mines for the purpose of destruction is permitted.
AI-assisted research summary: The transfer of anti-personnel mines for destruction is permitted.
2. The transfer of anti-personnel mines for the purpose of destruction is permitted. Article 4 Destruction of stockpiled anti-personnel mines Except as provided for in Article 3, each State Party undertakes to destroy or ensure 35 the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party. Article 5 Destruction of anti-personnel mines in mined areas 40 - 1 Verify source ↗
Each State
AI-assisted research summary: Each State Party must destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control.
1. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party. GOVERNMENT 25820 No. 32 ~ ~~~~~ GAZETTE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 - 2 Verify source ↗
Each State Party shall make every eiTort to identify all areas under its jurisdiction
AI-assisted research summary: Each State Party must identify mined areas under its control and make sure anti-personnel mines are marked, monitored, and protected to keep civilians out until the mines are destroyed.
2. Each State Party shall make every eiTort to identify all areas under its jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps as amended on 3 May 1996, annexed to the Convention on and Other Devices, Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects. - 3 Verify source ↗
If a State Party believes that it will be unable to destroy or ensure the destruction
AI-assisted research summary: If a State Party believes it cannot destroy all covered anti-personnel mines in time, it may request an extension of the destruction deadline.
3. If a State Party believes that it will be unable to destroy or ensure the destruction of all anti-personnel mines referred to in paragraph 1 within that time period, it may submit a request to a Meeting of the States Parties or a Review Conference for an extension of the deadline for completing the destruction of such anti-personnel mines, for a period of up to ten years. - 4 Verify source ↗
Each request shall contain:
AI-assisted research summary: Each request must include the extension period, reasons, relevant supporting information, and the extension’s implications.
4. Each request shall contain: (a) The duration of the proposed extension; ( b ) A detailed explanation of the reasons for the proposed extension, including: (i) The preparation and status of work conducted under national demining programs; 5 10 15 20 (ii) The financial and technical means available to the State Party for the destruction of all the anti-personnel mines; and (iii) Circumstances which impede the ability of the State Party to destroy all the anti-personnel mines in mined areas; ( c ) The humanitarian, social, economic, and environmental implications of the 25 extension; and (d) Any other information relevant to the request for the proposed extension. - 5 Verify source ↗
The Meeting of the States Parties or the Review Conference shall, taking into
AI-assisted research summary: The Meeting of the States Parties or the Review Conference must assess the request and decide whether to grant an extension period by majority vote.
5. The Meeting of the States Parties or the Review Conference shall, taking into consideration the factors contained in paragraph 4, assess the request and decide by a majority of votes of States Parties present and voting whether to grant the request for an extension period. - 6 Verify source ↗
Such an extension may be renewed upon the submission of a new request in
AI-assisted research summary: A further extension may be renewed if a new request is submitted, and the State Party must include relevant information about what was done during the previous extension period.
6. Such an extension may be renewed upon the submission of a new request in accordance with paragraphs 3, 4 and 5 of this Article. In requesting a further extension period a State Party shall submit relevant additional information on what has been undertaken in the previous extension period pursuant to this Article. 30 35 Article 6 International co-operation and assistance - 1 Verify source ↗
In fulfilling its obligations under this Convention each State Party has the right to
AI-assisted research summary: Each State Party may seek and receive assistance from other State Parties, where feasible, while fulfilling its obligations under the Convention.
1. In fulfilling its obligations under this Convention each State Party has the right to seek and receive assistance, where feasible, from other States Parties to the extent possible. - 2 Verify source ↗
Each State Party undertakes to facilitate and shall have the right to participate in the
AI-assisted research summary: State Parties must facilitate broad exchange of equipment, material, and scientific and technological information, and they must not impose undue restrictions on mine-clearance equipment and related information for humanitarian purposes.
2. Each State Party undertakes to facilitate and shall have the right to participate in the fullest possible exchange of equipment, material and scientific and technological information concerning the implementation of this Convention. The States Parties shall not impose undue restrictions on the provision of mine clearance equipment and related technological information for humanitarian purposes. - 3 Verify source ↗
Each State Party in a position to do so shall provide assistance for the care and
AI-assisted research summary: Each State Party that is able to do so must help with care, rehabilitation, social and economic reintegration of mine victims, and mine awareness programs.
3. Each State Party in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Such assistance may be provided, inter alia, through the United Nations system, international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis. - 4 Verify source ↗
Each State Party in a position to do so shall provide assistance for mine clearance
AI-assisted research summary: State Parties that are able to do so must provide assistance for mine clearance and related activities.
4. Each State Party in a position to do so shall provide assistance for mine clearance and related activities. Such assistance may be provided, inter alia, through the United Nations system, international or regional organisations or institutions, non-governmen- tal organisations or institutions, or on a bilateral basis, or by contributing to the United 40 45 50 55 25820 34 No. GOVERNMENT GAZETTE, 5 DECEMBER 2003 Act No. 36.2003 ANTI-PERSONNEL MINES PROHIBITION ACT. 2003 Nations Voluntary Trust Fund for Assistance in Mine Clearance, or nther regional funds that deal with demining. - 5 Verify source ↗
Each State Party in a position to do so shall provide assistance for the destruction
AI-assisted research summary: Each State Party that is able to do so must provide assistance for destroying stockpiled anti-personnel mines.
5. Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines. - 6 Verify source ↗
Each State Party undertakes
AI-assisted research summary: Each State Party must provide specified mine-clearance information to the UN database.
6. Each State Party undertakes clearance established within the concerning various means and expert agencies or national points of contact on mine clearance. to provide United Nations system, especially information technologies of mine clearance, and lists of experts, information to the database on mine 5 - 7 Verify source ↗
States Parties may request the United Nations, regional organisations, other States
AI-assisted research summary: States Parties may ask specified international or other authorities for help when preparing a national demining program.
7. States Parties may request the United Nations, regional organisations, other States Parties or other authorities in the elaboration of a national demining program to determine, inter alia: competent intergovernmental or non-governmental fora to assist its 10 ( a ) The extent and scope of the anti-personnel mine problem; (b) The financial, technological and human implementation of the program; resources that are required for the ( c ) The estimated number of years necessary to destroy all anti-personnel mines 15 in mined areas under the jurisdiction or control of the concerned State Party; (d) Mine awareness activities to reduce the incidence of mine-related injuries or deaths; ( e ) Assistance to mine victims; (f) The relationship between the Government of the concerned State Party and 20 the relevant governmental, inter-governmental or non-governmental entities that will work in the implementation of the program. - 8 Verify source ↗
Each State Party giving and receiving assistance under the provisions of this Article
AI-assisted research summary: State Parties giving and receiving assistance under this Article must cooperate to ensure agreed assistance programs are implemented fully and promptly.
8. Each State Party giving and receiving assistance under the provisions of this Article shall co-operate with a view to ensuring the full and prompt implementation of agreed assistance programs. 25 Article 7 Transparency measures that for - 1 Verify source ↗
Each State Party shall report to the Secretary-General of the United Nations as soon
AI-assisted research summary: Each State Party must report specified anti-personnel mine information to the UN Secretary-General as soon as practicable, and no later than 180 days after this Convention enters into force for that State Party.
1. Each State Party shall report to the Secretary-General of the United Nations as soon as practicable, and in any event not later than 180 days after the entry into force of this Convention State Party on: 30 35 of all mined areas that contain, or are The national implementation measures referred to in Article 9; The total of all stockpiled anti-personnel mines owned or possessed by it, or under its jurisdiction or control, to include a breakdown of the type, quantity and, if possible, lot numbers of each type of anti-personnel mine stockpiled; To the extent possible, the location suspected to contain, anti-personnel mines under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of anti-personnel mine in each mined area and when they were emplaced; The types, quantities and, if possible, lot numbers of all anti-personnel mines retained or transferred for the development of and training in mine detection, 40 mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorised by a State Party to retain or transfer anti-personnel mines, in accordance with Article 3; The status of programs for the conversion or de-commissioning personnel mine facilities; The status of programs for the anti-personnel mines in accordance with Articles 4 and 5 , including details of the methods which will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed; The types and quantities of all anti-personnel mines destroyed after the entry 50 into force of this Convention for that State Party, to include a breakdown of the quantity of each type of anti-personnel mine destroyed, in accordance with destruction of of anti- 45 production 36 No. 25820 GOVERNMENT GAZETTE,, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 5 , respective!y, deng with, if persihk, the !et ncmhers of each kticles 4 type of anti-personnel mine in the case of destruction in accordance with Article 4; The technical characteristics of each type of anti-personnel mine produced, to the extent known, and those currently owned or possessed by a State Party, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of anti-personnel mines; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, facilitate mine clearance; and The measures taken to provide an immediate and effective warning to the population in relation to all areas identified under paragraph 2 of Article 5. colour photographs and other information which may - 2 Verify source ↗
The information provided in accordance with this Article shall be updated by the
AI-assisted research summary: States Parties must update the information for this Article every year and report it to the UN Secretary-General by 30 April.
2. The information provided in accordance with this Article shall be updated by the States Parties annually, covering the last calendar year, and reported to the Secretary- General of the United Nations not later than 30 April of each year. - 3 Verify source ↗
The Secretary-General of the United Nations shall transmit all such reports
AI-assisted research summary: The Secretary-General of the United Nations must send all received reports to the States Parties.
3. The Secretary-General of the United Nations shall transmit all such reports received to the States Parties. 5 10 15 Article 8 Facilitation and clarification of compliance - 1 Verify source ↗
The States Parties agree to consult and co-operate with each other regarding the
AI-assisted research summary: States Parties must consult and co-operate with each other on implementing this Convention and helping each other comply with their obligations.
1. The States Parties agree to consult and co-operate with each other regarding the implementation of the provisions of this Convention, and to work together in a spirit of co-operation to facilitate compliance by States Parties with their obligations under this Convention. - 2 Verify source ↗
If one or more States Parties wish to clarify and seek to resolve questions relating
AI-assisted research summary: States Parties may request clarification about another State Party’s compliance, must avoid unfounded requests, and the receiving State Party must provide helpful information within 28 days.
2. If one or more States Parties wish to clarify and seek to resolve questions relating to compliance with the provisions of this Convention by another State Party, it may submit, through the Secretary-General of the United Nations, a Request for Clarification of that matter to that State Party. Such a request shall be accompanied by all appropriate information. Each State Party shall refrain from unfounded Requests for Clarification, care being taken to avoid abuse. A State Party that receives a Request for Clarification shall provide, through the Secretary- General of the United Nations, within 28 days to the requesting State Party all information which would assist in clarifying this matter. - 3 Verify source ↗
If the requesting State Party does not receive a response through the Secretary-
AI-assisted research summary: If the requesting State Party gets no satisfactory response, it may send the matter through the UN Secretary-General to the next Meeting of the States Parties.
3. If the requesting State Party does not receive a response through the Secretary- General of the United Nations within that time period, or deems the response to the Request for Clarification to be unsatisfactory, it may submit the matter through the Secretary-General of the United Nations to the next Meeting of the States Parties. The Secretary-General of the United Nations shall transmit the submission, accompanied by all appropriate information pertaining to the Request for Clarification, to all States Parties. All such information shall be presented to the requested State Party which shall have the right to respond. - 4 Verify source ↗
Pending the convening of any meeting of the States Parties, any of the States Parties
AI-assisted research summary: Before any meeting of the States Parties is convened, a concerned State Party may ask the UN Secretary-General to use good offices to help clarify the matter.
4. Pending the convening of any meeting of the States Parties, any of the States Parties concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarification requested. - 5 Verify source ↗
The requesting State Party may propose through the Secretary-General of the
AI-assisted research summary: A requesting State Party may ask the Secretary-General to call a Special Meeting of the States Parties. The Secretary-General must notify all States Parties, and must call the meeting within 14 more days if at least one-third of States Parties support it; the meeting quorum is a majority of States Parties.
5. The requesting State Party may propose through the Secretary-General of the United Nations the convening of a Special Meeting of the States Parties to consider the matter. The Secretary-General of the United Nations shall thereupon communicate this proposal and all information submitted by the States Parties concerned, to all States Parties with a request that they indicate whether they favour a Special Meeting of the States Parties, for the purpose of considering the matter. In the event that within 14 days from the date of such communication, at least one-third of the States Parties favours such a Special Meeting, the Secretary-General of the United Nations shall convene this Special Meeting of the States Parties within a further 14 days. Aquorum for this Meeting shall consist of a majority of States Parties. 20 25 30 35 40 45 50 - 6 Verify source ↗
The Meeting of the States Parties or the Special Meeting of the States Parties, as the
AI-assisted research summary: The Meeting of the States Parties, or the Special Meeting, must first decide whether to consider the matter further, then try to reach consensus, and if that fails, decide by majority of States Parties present and voting.
6. The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall first determine whether to consider the matter further, taking into account k l information submitted by the States Parties concerned. The Meeting of the 55 38 GOVERNMENT No. 25820 GAZETTE, 5 DECEMBER 2003 Act NO. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 5 its review of States Parties or the Special Meeting of the States Parties shall make every effort to reach a decision by consensus. If despite all efforts to that end no agreement has been reached, it shall take this decision by a majority of States Parties present and voting. - 7 Verify source ↗
All States Parties shall co-operate fully with the Meeting of the States Parties or the
AI-assisted research summary: All States Parties must fully cooperate with the Meeting of the States Parties or the Special Meeting of the States Parties, including authorised fact-finding missions.
7. All States Parties shall co-operate fully with the Meeting of the States Parties or the Special Meeting of the States Parties in the fulfilment of the matter, including any fact-finding missions that are authorised in accordance with paragraph 8. - 8 Verify source ↗
If further clarification is required, the Meeting of the States Parties or the Special
AI-assisted research summary: If further clarification is needed, the States Parties meeting must authorize a fact-finding mission and set its mandate by majority vote. The requested State Party may also invite the mission to its territory at any time.
8. If further clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authorise a fact-finding mission and decide on its mandate by a majority of States Parties present and voting. At any time the requested State Party may invite a fact-finding mission to its territory. Such a mission shall take 10 place without a decision by a Meeting of the States Parties or a Special Meeting of the States Parties to authorise such a mission. The mission, consisting of up to 9 experts, designated and approved in accordance with paragraphs 9 and 10, may collect additional information on the spot or in other places directly related to the alleged compliance issue State requested under the jurisdiction - 9 Verify source ↗
The Secretary-General of the United Nations shall prepare and update a list of the
AI-assisted research summary: The Secretary-General of the United Nations must prepare and update a list of qualified experts and send it to all States Parties.
9. The Secretary-General of the United Nations shall prepare and update a list of the names, nationalities and other relevant data of qualified experts provided by States Parties and communicate it to all States Parties. Any expert included on this list shall be regarded as designated for all fact-finding missions unless a State Party declares its not 20 non-acceptance in writing. In the event participate in the jurisdiction or control of the objecting State Party, if the non-acceptance was declared prior to the appointment of the expert to such missions. of non-acceptance, the expert shall place under on the territory or any other fact-finding missions the control of Party. or 15 - 10 Verify source ↗
Upon receiving a request from the Meeting of the States Parties or a Special
AI-assisted research summary: When requested by the relevant States Parties meeting, the UN Secretary-General must appoint the mission members and leader after consulting the requested State Party. Certain nationals may not be appointed.
10. Upon receiving a request from the Meeting of the States Parties or a Special Meeting of the States Parties, the Secretary-General of the United Nations shall, after 25 consultations with the requested State Party, appoint the members of the mission, including its leader. Nationals of States Parties requesting the fact-finding mission or directly affected by it shall not be appointed to the mission. The members of the fact- finding mission shall enjoy privileges and Convention on the Privileges and Immunities of the United Nations, February 1946. immunities under Article VI of the adopted on 13 30 - 11 Verify source ↗
Upon at least 72 hours notice, the members of the fact-finding mission shall arrive
AI-assisted research summary: With at least 72 hours’ notice, the fact-finding mission must arrive in the requested State Party at the earliest opportunity, and the requested State Party must provide administrative support and security.
11. Upon at least 72 hours notice, the members of the fact-finding mission shall arrive in the territory of the requested State Party at the earliest opportunity. The requested State Party shall take the necessary administrative measures to receive, transport and accommodate the mission, and shall be responsible mission to the maximum extent possible while they are on territory under its control. for ensuring the security of the 35 - 12 Verify source ↗
Without prejudice to the sovereignty of the requested State Party, the fact-finding
AI-assisted research summary: The fact-finding mission may bring necessary equipment into the requested State Party and must use it only to gather information on the alleged compliance issue. It must also tell the requested State Party about the equipment before arrival.
12. Without prejudice to the sovereignty of the requested State Party, the fact-finding mission may bring into the temtory of the requested State Party the necessary equipment which shall be used exclusively for gathering information on the alleged compliance issue. Prior to its arrival, the mission will advise the requested State Party of the equipment that it intends to utilise in the course of its fact-finding mission. - 13 Verify source ↗
The requested State Party shall make all efforts to ensure that the fact-finding
AI-assisted research summary: The requested State Party must use all efforts to ensure the fact-finding mission can speak with relevant persons who may provide information about the alleged compliance issue.
13. The requested State Party shall make all efforts to ensure that the fact-finding mission is given the opportunity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue. 40 - 14 Verify source ↗
The requested State Party shall grant access for the fact-finding mission to all 45
AI-assisted research summary: The requested State Party must give the fact-finding mission access to all relevant areas and installations under its control, subject to protective arrangements it considers necessary.
14. The requested State Party shall grant access for the fact-finding mission to all 45 areas and installations under its control where facts relevant to the compliance issue could be expected to be collected. This shall be subject to any arrangements that the requested State Party considers necessary for: (a) The protection of sensitive equipment, information and areas; (b) The protection of any constitutional obligations the requested State Party may 50 have with regard to proprietary rights, constitutional rights; or searches and seizures, or other in 40 No. 25820 GAZI3ITE, GOVERNMENT 5 DECEMBER 2003 Act NO. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 (c) The physical protection and safety of the members of the fact-finding mission. In the event that the requested State Party makes such arrangements, it shall make every reasonable effort to demonstrate through alternative means its compliance with this Convention. - 15 Verify source ↗
The fact-finding mission may remain in the territory of the, State Party concerned
AI-assisted research summary: The fact-finding mission may stay at a site in the State Party’s territory for up to 7 days, unless otherwise agreed for up to 14 days.
15. The fact-finding mission may remain in the territory of the, State Party concerned at any particular site no more than 7 days, unless for no more than 14 days, and otherwise agreed. - 16 Verify source ↗
All information provided in confidence and not related to the subject matter of the
AI-assisted research summary: Information provided in confidence, and not related to the fact-finding mission’s subject matter, must be treated confidentially.
16. All information provided in confidence and not related to the subject matter of the 5 fact-finding mission shall be treated on a confidential basis. - 17 Verify source ↗
The fact-finding mission shall report, through the Secretary-General of the United 10
AI-assisted research summary: The fact-finding mission must report its findings through the UN Secretary-General to the Meeting of the States Parties or a Special Meeting of the States Parties.
17. The fact-finding mission shall report, through the Secretary-General of the United 10 Nations, to the Meeting of the States Parties or the Special Meeting of the States Parties the results of its findings. - 18 Verify source ↗
The Meeting of the States Parties or the Special Meeting of the States Parties shall
AI-assisted research summary: The Meeting of the States Parties or Special Meeting must consider relevant information and may ask the requested State Party to take measures; the requested State Party must report on those measures.
18. The Meeting of the States Parties or the Special Meeting of the States Parties shall consider all relevant information, including the report submitted by the fact-finding mission, and may request the requested State Party to take measures to address the 15 compliance issue within a on all measures taken in response to this request. specified period of time. The requested State Party shall report - 19 Verify source ↗
The Meeting of the States Parties or the Special Meeting of the States Parties may
AI-assisted research summary: The Meeting of the States Parties, or a Special Meeting, may suggest ways to clarify or resolve a matter, and may recommend measures in certain circumstances.
19. The Meeting of the States Parties or the Special Meeting of the States Parties may suggest to the States Parties concerned ways and means to further clarify or resolve the matter under consideration, including the initiation of appropriate procedures in 20 conformity with international law. In circumstances where the issue determined to be due to circumstances beyond the control of the requested State Party, the Meeting of the States Parties or the Special Meeting of the States Parties may recommend appropriate measures, including the use of co-operative measures referred to at hand is Article 6. 25 - 20 Verify source ↗
The Meeting of the States Parties or the Special Meeting of the States Parties shall
AI-assisted research summary: The Meeting of the States Parties must try to decide by consensus, and if that fails by a two-thirds majority. Each State Party must also take legal and administrative measures, including penal sanctions, to prevent and suppress prohibited activity under the Convention.
20. The Meeting of the States Parties or the Special Meeting of the States Parties shall make every effort to reach its decisions referred to in paragraphs 18 and 19 by consensus, otherwise by a two-thirds majority of States Parties present and voting. Article 9 National implementation measures Each State Party shall take all appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control. Article 10 Settlement of disputes 30 35 - 1 Verify source ↗
The States Parties shall consult and co-operate with each other to settle any dispute
AI-assisted research summary: States Parties must consult and cooperate to settle disputes about this Convention, and each State Party may bring such a dispute to the Meeting of the States Parties.
1. The States Parties shall consult and co-operate with each other to settle any dispute that may arise with regard to the application or the interpretation of this Convention. Each State Party may bring any such dispute before the Meeting of the States Parties. - 2 Verify source ↗
The Meeting of the States Parties may contribute to the settlement of the dispute by 40
AI-assisted research summary: The Meeting of the States Parties may help settle a dispute using any means it considers appropriate.
2. The Meeting of the States Parties may contribute to the settlement of the dispute by 40 whatever means it deems appropriate, including offering its good offices, calling upon the States parties to a dispute to start the settlement procedure of their choice and recommending a time-limit for any agreed procedure. - 3 Verify source ↗
This Article is without prejudice to the provisions of this Convention on facilitation
AI-assisted research summary: This Article says it does not override the Convention’s provisions on facilitation and clarification of compliance.
3. This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance. 45 42 No. 25820 GAZETTE, GOVERNMENT - 5 Verify source ↗
DECEMBER 2003
AI-assisted research summary: Article 11 is titled “Meetings of the States Parties.”
5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 Article 11 Meetings of the States Parties - 1 Verify source ↗
The States Parties shall meet regularly in order to consider any matter with regard
AI-assisted research summary: States Parties must meet regularly to consider matters about how the Convention is applied or implemented.
1. The States Parties shall meet regularly in order to consider any matter with regard to the application or implementation of this Convention, including: ( a ) The operation and status of this Convention; (b) Matters arising from the reports submitted under the provisions of this 5 Convention; (c) International co-operation and assistance in accordance with Article 6; (d) The development of technologies to clear anti-personnel mines; ( e ) Submissions of States Parties under Article 8; and (fl Decisions relating to submissions of States Parties as provided for in Article 5. - 2 Verify source ↗
The First Meeting of the States Parties shall be convened by the Secretary-General
AI-assisted research summary: The Secretary-General of the United Nations must convene the first meeting of the States Parties within one year after the Convention enters into force, and then convene later meetings annually until the first Review Conference.
2. The First Meeting of the States Parties shall be convened by the Secretary-General of the United Nations within one year after the entry into force of this Convention. The subsequent meetings shall be convened by the Secretary-General of the United Nations annually until the first Review Conference. - 3 Verify source ↗
Under the conditions set out in Article 8, the Secretary-General of the United
AI-assisted research summary: The Secretary-General of the United Nations must convene a Special Meeting of the States Parties when the conditions in Article 8 are met.
3. Under the conditions set out in Article 8, the Secretary-General of the United 10 15 Nations shall convene a Special Meeting of the States Parties. - 4 Verify source ↗
States not parties to this Convention, as well as the United Nations, other relevant
AI-assisted research summary: Certain states, the UN, other international or regional organisations, the ICRC, and relevant NGOs may be invited to attend the meetings as observers, following the agreed Rules of Procedure.
4. 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 and relevant non-governmental organisations may be 20 invited to attend these meetings as observers in accordance with the agreed Rules of Procedure. Article 12 Review Conferences - 1 Verify source ↗
A Review Conference shall be convened by the Secretary-General of the United 25
AI-assisted research summary: The Secretary-General of the United Nations must convene a Review Conference five years after this Convention enters into force, and later Review Conferences if requested by one or more States Parties, with at least five years between conferences.
1. A Review Conference shall be convened by the Secretary-General of the United 25 Nations five years after the entry into force of this Convention. Further Review Conferences shall be convened by the Secretary-General of the United Nations if so requested by one or more States Parties, provided that the interval between Review Conferences shall in no case be less than five years. All States Parties to this Convention shall be Review Conference. invited 30 each to - 2 Verify source ↗
The purpose of the Review Conference shall be:
AI-assisted research summary: This section lists what the Review Conference is to do.
2. The purpose of the Review Conference shall be: (a) To review the operation and status of this Convention; (b) To consider the need for and the interval between further Meetings of the States Parties referred to in paragraph 2 of Article 11; (c) To take decisions on submissions of States Parties as provided for in Article 5; 35 and (d) To adopt, if necessary, in its final report conclusions related to the implementation of this Convention. - 3 Verify source ↗
States not parties to this Convention, as well as the United Nations, other relevant
AI-assisted research summary: Some non-parties and specified international bodies may be invited to attend each Review Conference as observers.
3. States not parties to this Convention, as well as the United Nations, other relevant international organisations or institutions, regional organisations, the International 40 Committee of the Red Cross and relevant non-governmental organisations may be invited to attend each Review Conference as observers in accordance with the agreed Rules of Procedure. Article 13 Amendments 45 - 1 Verify source ↗
At any time after the entry into force of this Convention any State Party may
AI-assisted research summary: A State Party may propose amendments to the Convention; the Depositary must circulate the proposal, seek views, and convene an Amendment Conference if majority support is notified within 30 days of circulation.
1. At any time after the entry into force of this Convention any State Party may propose amendments to this Convention. Any proposal for an amendment shall be communicated to the Depositary, who shall circulate it to all States Parties and shall seek their views on whether an Amendment Conference should be convened to consider the proposal. If a majority of the States Parties notify the Depositary no later than 30 days 50 after its circulation That they support further consideration of the proposal, the Depositary shall convene an Amendment Conference to which all States Parties shall be invited. 44 No. 25820 GOVERNMENT CiAZETE, 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT, 2003 - 2 Verify source ↗
States not parties to this Convention, as well as the United Nations, other relevant
AI-assisted research summary: Certain non-parties, the UN, relevant international organisations, the Red Cross, and relevant NGOs may be invited to attend Amendment Conferences as observers.
2. States not parties to this Convention, as well as the United Nations, other relevant the International international organisations or Committee of the Red Cross and relevant non-governmental organisations may be invited to attend each Amendment Conference agreed Rules of Procedure. as observers in accordance with the institutions, regional organisations, - 3 Verify source ↗
The Amendment Conference shall be held immediately following a Meeting of the
AI-assisted research summary: The Amendment Conference must be held immediately after a Meeting of the States Parties or a Review Conference, unless a majority of the States Parties ask for it to be held earlier.
3. The Amendment Conference shall be held immediately following a Meeting of the States Parties or a Review Conference unless a majority of the States Parties request that it be held earlier. - 4 Verify source ↗
Any amendment to this Convention shall be adopted by a majority of two-thirds of
AI-assisted research summary: An amendment must be adopted by a two-thirds majority of States Parties present and voting at the Amendment Conference, and the Depositary must communicate the adopted amendment to the States Parties.
4. Any amendment to this Convention shall be adopted by a majority of two-thirds of the States Parties present and voting at the Amendment Conference. The Depositary shall communicate any amendment so adopted to the States Parties. - 5 Verify source ↗
An amendment to this Convention shall enter into force for all States Parties to this
AI-assisted research summary: An amendment enters into force for States Parties that have accepted it once a majority of States Parties has deposited instruments of acceptance; remaining States Parties are covered when they later deposit their own instrument.
5. An amendment to this Convention shall enter into force for all States Parties to this Convention which have accepted it, upon the deposit with the Depositary of instruments of acceptance by a majority of States Parties. Thereafter it shall enter into force for any remaining State Party on the date of deposit of its instrument of acceptance. Article 14 costs - 1 Verify source ↗
The costs of the Meetings of the States Parties, the Special Meetings of the States
AI-assisted research summary: The States Parties and participating non-parties must bear the costs of specified meetings and conferences, using the UN scale of assessment adjusted as needed.
1. The costs of the Meetings of the States Parties, the Special Meetings of the States Parties, the Review Conferences and the Amendment Conferences shall be borne by the States Parties and States not parties to this Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately. - 2 Verify source ↗
The costs incurred by the Secretary-General of the United Nations under Articles 7
AI-assisted research summary: States Parties must pay the costs of the Secretary-General’s work under Articles 7 and 8 and any fact-finding mission, using the UN scale of assessment as adjusted.
2. The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any fact-finding mission shall be borne by the States Parties in accordance with the United Nations scale of assessment adjusted appropriately. Article 15 Signature 5 10 15 20 25 shall be open for This Convention, done at Oslo, Norway, on 18 September 1997, signature at Ottawa, Canada, by all States from 3 December 1997 until 4 December 1997, and at the United Nations Headquarters in New York from 5 December 1997 until its entry into force. 30 Article 16 Ratification, acceptance, approval or accession - 1 Verify source ↗
This Convention
AI-assisted research summary: This Convention depends on ratification, acceptance, or approval by the Signatories.
1. This Convention is subject to ratification, acceptance or approval of the Signatories. - 2 Verify source ↗
It shall be open for accession by any State which has not signed the Convention.
AI-assisted research summary: Any State that has not signed the Convention may accede to it.
2. It shall be open for accession by any State which has not signed the Convention. - 3 Verify source ↗
The instruments of ratification, acceptance, approval or accession
AI-assisted research summary: The instruments of ratification, acceptance, approval, or accession must be deposited with the Depositary.
3. The instruments of ratification, acceptance, approval or accession shall be 35 deposited with the Depositary. Article 17 Entry into force - 1 Verify source ↗
This Convention shall enter into force on the first day of the sixth month after the
AI-assisted research summary: The Convention enters into force on the first day of the sixth month after the month in which the 40th ratification, acceptance, approval, or accession is deposited.
1. This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratification, acceptance, approval or accession has been deposited. - 2 Verify source ↗
For any State which deposits its instrument of ratification, acceptance, approval or
AI-assisted research summary: A State may declare provisional application when ratifying, accepting, approving, or acceding. The Convention enters into force for a State that deposits after the 40th instrument on the first day of the sixth month after that State’s deposit.
2. For any State which deposits its instrument of ratification, acceptance, approval or accession after the date of the deposit of the 40th instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the sixth month after the date on which that State has deposited its instrument of ratification, acceptance, approval or accession. 40 45 46 No. 25820 GOVERNMENT GAZETTE. 5 DECEMBER 2003 Act No. 36,2003 ANTI-PERSONNEL MINES PROHIBITION ACT. 2003 Article 18 Provisional application Any State may at the time of its ratification, acceptance, approval or accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending entry into force. 5 its Article 19 Reservations The Articles of this Convention shall not be subject to reservations. Article 20 Duration and withdrawal 10 - 1 Verify source ↗
This Convention shall be of unlimited duration.
AI-assisted research summary: This Convention lasts indefinitely.
1. This Convention shall be of unlimited duration. - 2 Verify source ↗
Each State Party shall, in exercising its national sovereignty, have the right to
AI-assisted research summary: Each State Party may withdraw from the Convention, but must notify the other States Parties, the Depositary, and the UN Security Council and include a full explanation of the reasons.
2. Each State Party shall, in exercising its national sovereignty, have the right to withdraw from this Convention. It shall give notice of such Withdrawal to all other States Parties, to the Depositary and to the United Nations Security Council. Such instrument of withdrawal shall include a full explanation of the reasons motivating this withdrawal. 15 - 3 Verify source ↗
Such withdrawal shall only take effect six months after the receipt of the instrument
AI-assisted research summary: Withdrawal takes effect six months after the Depositary receives the withdrawal instrument, unless armed conflict delays it until the conflict ends.
3. Such withdrawal shall only take effect six months after the receipt of the instrument of withdrawal by the Depositary. If, however, on the expiry of that six-month period, the withdrawing State Party is engaged in an armed conflict, the withdrawal shall not take effect before the end of the armed conflict. - 4 Verify source ↗
The withdrawal of a State Party from this Convention shall not in any way affect the 20
AI-assisted research summary: Withdrawing from the Convention does not affect States’ duty to keep fulfilling relevant international-law obligations.
4. The withdrawal of a State Party from this Convention shall not in any way affect the 20 duty of States to continue fulfilling the obligations assumed under any relevant rules of international law. Article 21 Depositary The Secretary-General of the United Nations is hereby designated as the Depositary 25 of this Convention. Article 22 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the 30 Secretary-General of the United Nations.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Anti-Personnel Mines Prohibition Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign in