Bill C-22
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SCHEDULE (Sections 2 and 20)
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CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI-PERSONNEL MINES AND ON THEIR DE STRUCTION |
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Preamble
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The States Parties,
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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,
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BELIEVING it necessary to do their utmost to contribute in an
efficient and coordinated manner to face the challenge of
removing anti-personnel mines placed throughout the world,
and to assure their destruction,
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WISHING to do their utmost in providing assistance for the care
and rehabilitation, including the social and economic
reintegration of mine victims,
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RECOGNIZING that a total ban of anti-personnel mines would
also be an important confidence-building measure,
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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 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,
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WELCOMING also United Nations General Assembly
Resolution 51/45 S of 10 December 1996 urging all States to
pursue vigorously an effective, legally-binding international
agreement to ban the use, stockpiling, production and transfer of
anti-personnel landmines,
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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,
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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 recognizing 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 organizations around the
world,
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RECALLING the Ottawa Declaration of 5 October 1996 and the
Brussels Declaration of 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,
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EMPHASIZING the desirability of attracting the adherence of
all States to this Convention, and determined to work strenuously
towards the promotion of its universalization in all relevant fora
including, inter alia, the United Nations, the Conference on
Disarmament, regional organizations, and groupings, and
review conferences of the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons Which
May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects,
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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 civilians
and combatants,
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Have agreed as follows:
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ARTICLE 1 |
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General Obligations |
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1. Each State Party undertakes never under any
circumstances:
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2. Each State Party undertakes to destroy or ensure the
destruction of all anti-personnel mines in accordance with the
provisions of this Convention.
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ARTICLE 2 |
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Definitions |
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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 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.
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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 or a vehicle.
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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.
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4. ``Transfer'' involves, in addition to the physical movement
of anti-personnel mines 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.
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5. ``Mined area'' means an area which is dangerous due to the
presence or suspected presence of mines.
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ARTICLE 3 |
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Exceptions |
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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 purposes.
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2. The transfer of anti-personnel mines for the purpose of
destruction is permitted.
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ARTICLE 4 |
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Destruction of Stockpiled Anti-Personnel Mines |
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Except as provided for in Article 3, each State Party
undertakes to destroy or ensure 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.
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ARTICLE 5 |
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Destruction of Anti-Personnel Mines in Mined Areas |
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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.
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2. Each State Party shall make every effort 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 and Other Devices, as
amended on 3 May 1996, annexed to the Convention on
Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or
to Have Indiscriminate Effects.
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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.
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4. Each request shall contain:
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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.
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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.
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ARTICLE 6 |
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International Cooperation and Assistance |
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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.
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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.
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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
organizations or institutions, the International Committee of the
Red Cross, national Red Cross and Red Crescent societies and
their International Federation, non-governmental organizations,
or on a bilateral basis.
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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 organizations or
institutions, non-governmental organizations or institutions, or
on a bilateral basis, or by contributing to the United Nations
Voluntary Trust Fund for Assistance in Mine Clearance, or other
regional funds that deal with demining.
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5. Each State Party in a position to do so shall provide
assistance for the destruction of stockpiled anti-personnel mines.
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6. Each State Party undertakes to provide information to the
database on mine clearance established within the United
Nations system, especially information concerning various
means and technologies of mine clearance, and lists of experts,
expert agencies or national points of contact on mine clearance.
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7. States Parties may request the United Nations, regional
organizations, other States Parties or other competent
intergovernmental or non-governmental fora to assist its
authorities in the elaboration of a national demining program to
determine, inter alia:
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8. Each State Party giving and receiving assistance under the
provisions of this Article shall cooperate with a view to ensuring
the full and prompt implementation of agreed assistance
programs.
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ARTICLE 7 |
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Transparency Measures |
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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 for that
State Party on:
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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.
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3. The Secretary-General of the United Nations shall transmit
all such reports received to the States Parties.
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ARTICLE 8 |
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Facilitation and Clarification of Compliance |
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1. The States Parties agree to consult and cooperate with each
other regarding the implementation of the provisions of this
Convention, and to work together in a spirit of cooperation to
facilitate compliance by States Parties with their obligations
under this Convention.
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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.
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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.
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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.
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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. A
quorum for this Meeting shall consist of a majority of States
Parties.
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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 all
information submitted by the States Parties concerned. The
Meeting of the 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.
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7. All States Parties shall cooperate fully with the Meeting of
the States Parties or the Special Meeting of the States Parties in
the fulfilment of its review of the matter, including any
fact-finding missions that are authorized in accordance with
paragraph 8.
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8. If further clarification is required, the Meeting of the States
Parties or the Special Meeting of the States Parties shall authorize
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 place without a decision by a Meeting of the
States Parties or a Special Meeting of the States Parties to
authorize 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 under
the jurisdiction or control of the requested State Party.
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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 non-acceptance in writing. In the
event of non-acceptance, the expert shall not participate in
fact-finding missions on the territory or any other place under 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.
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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
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 immunities under
Article VI of the Convention on the Privileges and Immunities
of the United Nations, adopted on 13 February 1946.
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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
for ensuring the security of the mission to the maximum extent
possible while they are on territory under its control.
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12. Without prejudice to the sovereignty of the requested State
Party, the fact-finding mission may bring into the territory 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 utilize in
the course of its fact-finding mission.
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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.
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14. The requested State Party shall grant access for the
fact-finding mission to all 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:
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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.
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15. The fact-finding mission may remain in the territory of the
State Party concerned for no more than 14 days, and at any
particular site no more than 7 days, unless otherwise agreed.
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16. All information provided in confidence and not related to
the subject matter of the fact-finding mission shall be treated on
a confidential basis.
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17. The fact-finding mission shall report, through the
Secretary-General of the United Nations, to the Meeting of the
States Parties or the Special Meeting of the States Parties the
results of its findings.
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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 compliance issue within a specified period of time. The
requested State Party shall report on all measures taken in
response to this request.
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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 conformity with international law. In circumstances where the
issue at hand is 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
cooperative measures referred to in Article 6.
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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.
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ARTICLE 9 |
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National Implementation Measures |
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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.
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ARTICLE 10 |
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Settlement of Disputes |
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1. The States Parties shall consult and cooperate 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.
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2. The Meeting of the States Parties may contribute to the
settlement of the dispute by 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.
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3. This Article is without prejudice to the provisions of this
Convention on facilitation and clarification of compliance.
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ARTICLE 11 |
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Meetings of the States Parties |
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1. The States Parties shall meet regularly in order to consider
any matter with regard to the application or implementation of
this Convention, including:
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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.
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3. Under the conditions set out in Article 8, the
Secretary-General of the United Nations shall convene a Special
Meeting of the States Parties.
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4. States not parties to this Convention, as well as the United
Nations, other relevant international organizations or
institutions, regional organizations, the International Committee
of the Red Cross and relevant non-governmental organizations
may be invited to attend these meetings as observers in
accordance with the agreed Rules of Procedure.
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ARTICLE 12 |
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Review Conferences |
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1. A Review Conference shall be convened by the
Secretary-General of the United 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 invited to
each Review Conference.
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2. The purpose of the Review Conference shall be:
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3. States not parties to this Convention, as well as the United
Nations, other relevant international organizations or
institutions, regional organizations, the International Committee
of the Red Cross and relevant non-governmental organizations
may be invited to attend each Review Conference as observers in
accordance with the agreed Rules of Procedure.
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ARTICLE 13 |
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Amendments |
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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 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.
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2. States not parties to this Convention, as well as the United
Nations, other relevant international organizations or
institutions, regional organizations, the International Committee
of the Red Cross and relevant non-governmental organizations
may be invited to attend each Amendment Conference as
observers in accordance with the agreed Rules of Procedure.
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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.
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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.
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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.
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ARTICLE 14 |
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Costs |
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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.
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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.
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ARTICLE 15 |
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Signature |
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This Convention, done at Oslo, Norway, on 18 September
1997, shall be open for 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.
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ARTICLE 16 |
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Ratification, Acceptance, Approval or Accession |
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1. This Convention is subject to ratification, acceptance or
approval of the Signatories.
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2. It shall be open for accession by any State which has not
signed the Convention.
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3. The instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
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ARTICLE 17 |
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Entry into Force |
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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.
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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.
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ARTICLE 18 |
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Provisional Application |
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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 its entry into
force.
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ARTICLE 19 |
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Reservations |
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The Articles of this Convention shall not be subject to
reservations.
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ARTICLE 20 |
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Duration and Withdrawal |
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1. This Convention shall be of unlimited duration.
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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.
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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.
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4. The withdrawal of a State Party from this Convention shall
not in any way affect the duty of States to continue fulfilling the
obligations assumed under any relevant rules of international
law.
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ARTICLE 21 |
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Depositary |
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The Secretary-General of the United Nations is hereby
designated as the Depositary of this Convention.
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ARTICLE 22 |
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Authentic Texts |
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The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General of the United
Nations.
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