Prohibitionof Anti Personnel Mines Act No 21of 2015 - as Plain Text by MWakili

SPECIAL ISSUE .o"-s* Kenya Gazette Supplement No.

176 (Acts No.

2l ) .ussi REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 201 5 NAIROBI, l2th October, 2015 Act- PAGE The Prohibition of Anti-Personnel Mines Act, 2015 .1639 ilAfI{}rft EOtlilCIL FOR LAIY REPORTIIIG RECEIVED 2I otT 2015 Pg, Eex 101d0'F91$g g11pe8t1 KENYA TEL: 3:1, ?Ql FAX: AVI?IAf PRItITED AND PUBLISHED BY THE COVERNMENT PRINTER.

NAIROBI 1639 TIIE PROHIBITION OF AIYTI.PERSONNEL MII\IES ACT No.21of 2015 Date of Assent: 8th October, 2015 Date of Commencement: 26th October,2015 ARRANGEMENT OF SECTIONS Section PART I-PRELIMINARY 1-Short title.

2-Interpretation.

3 -Implementation of the Convention.

4-Purpose of the Act.

5-Act to bind the State.

PART II-OFFENCES RELATING TO AI\TI- PERSOI\U\EL MII\IES 6-Prohibited conduct.

7-Application of prohibitions to places outside Kenya.

S-Authorized conduct.

9 - International military operations.

PART Itr-SECTruNG TIIE DESTRUCTION OF ANTI.PERSOI\II\EL MINES 10 - Suspicious objects.

11-Power to remove or immobilise objects.

l2-Power to destroy removed objects.

l3-Power to enter premises and destroy objects.

l4-Compensation for destruction.

15-Offences relating to destruction, etc.

PART IV - FACT.FINDING I\ISSIONS 16-Right of enfiry, etc., for fact-finding missions.

17-Offences in connection to fact-finding missions.

18-Privileges and immunities for fact-finding missions.

-t--; t640 No.

21 Prohibitian of Anti-Personnel Mines 2Ol5 I9 - Administrative issues.

20 - Reimbursement of expenditure.

2l -Delegation by Cabinet Secretary P'ART V-INFORMATION AND RECORDS 22-lnformation and records for Ottawa Convention purposes.

23-Power to search and obtain evidence.

24-Disclosure of information.

PART VI -}trSCELLAhIEOUS PROVISIONS 25-Customs and excise prosecutions.

26-Forfeiture in case of conviction.

27 -Offences by bodies corporate, etc.

28 -Warrants and authorizations.

29-Rules.

t64t 20t5 Prohibition of Anti- Personne I Mines No.21 THE PROHIBITION OF ANTI.PERSOI\NEL MII\ES ACT,2015 AN ACT of Parliament to proyide for the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and their destruction in accordance with the Ottawa convention, and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I-PRELIMINARY 1.

This Act may be cited as the Prohibition of Anti- Short title Personnel Mines Act, 2015.

2.

(l) In this Act, unless the context otherwise Interpretation.

requires- "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; "anti-personnel mine" means a mine that is designed, altered or intended to explode by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons.

Mines that are designed, altered or intended to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that are equipped with anti-handling devices are not considered to be anti-personnel mines as result of being so equipped; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to defence; "Convention" means the Convention on the Prohibition of the fJse, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, set out in the Schedule to this Act, as amended from time to time in accordance with Article 13 of the Convention therein; "mine" means a munition designed, altered or intended to 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; -rl t&2 Fb.21 Prohibition of Anti-P ersonnc I Mines m$ "premises" includos any lard and any vehicle, vessel or aircraft; "prohibited object" means an anti-personnel mine or any component of an anti-personnel minp.

"transfer", in respect of anti-personnel mines, includes, in addition to the physical movernent of anti- personnel mines, the transfer of title to and control over qrti-personnel mines, but does not include the transfer of territory containing emplaced anti-personnel mines; (2) For the purposes of this Act, a person participates in the acquisition of an object if the person- (a) acquires the prohibited object or enterc into a conEact !o acquire it; or (b) makes arangements under which another person either acquires the prohibited object or enters into a contract to acquire if (4) For the purposes of this Act, a person participarcs in the transfer of an object if the person- (a) Eansfers the object or enters into a contract to transfer it; or ! O) makes arrangemonts under which anothr pereon either transfers the object or enters into a oontract to transfer it.

(5) A rpference in this Act to transferring an object includes a referpnce to- (a) disposing of the object; and (b) delivering the object to another person.

(6) For the purposes of this Act- (a) a person acquires an object if he buys it, hires it, borrows it or accepts it as a gift; and (b) a person disposes of an object if he sells it, lets it on hire,lends it or gives it.

(7) For the purposes of this Act, a person shall not be deemed to acquire or dispose of a prohibited object by reason only of his acguisition or disposal of an interest in or right over land containing one or more emplaced anti- personnel mines.

t&3 ro P hh it ion P er sonru I Mirw s oJ,Anti- I\b.21 3.

(1) Subject to this Act, the Convention set out.in lmolemcntation ofhc the Schedule shall have the force of law in Kenya.

Conventinn.

(2) The Cabirct Secretary may from time to tirne by notice in the Gazntta, amend the Schedule to reflect any changes made to the Convention, or any other subsequent protocols which may be ratified or acceded to by the Republic, if those changes are binding on the Republic.

4.

The purpose of the Act is to implement Kenya's ffrseofthe obligations under the Convention.

5.

This Act shall bind the State.

Actbbind 6c $rtc" PART tr-OTT'ENCES RELATING TO ANTI- PERSONNEL 6.

(l) Subject to the provisions of this Part, no person Prc&ibibd corduct.

shall- (a) use an anti-personnel mine; (b) develop or produce a prohibited object; (c) participate in the acquisition, stockpiling, retentiou or transfer of a prohibited object; (d) have a prohibited object in his possession; or (e) participate in the transfer of a prohibited object.

(2) Subject to the provisions of thie Part, no perso{l shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1).

(3) A person who contravenes this scction cornmits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or io imprisonment for a terrn not exceeding two years or both.

(4) A person who aids, abets, encourages assists counsels, pr@ures, incites, finances, attempts, conspires or convinces any person to engage in prohibited conduct specified in subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.

7.

(1) Section 6 (1) applies to conduct in Kenya or Application of prchibitioor to elsewhere.

plrcouu&lc Kcnye t@ Prohibitian of Anti- P er sonne I Mines No.21 (2) Section 6 (2) applies to assistance, encouragement and inducements in Kenya or elsewhere, ild so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) takes place in Kenya or elsewhere.

(3) Subsections (l) and (2) of section 6, so far as they apply respectively to- (a) conduct outside Kenya; and (b) assistance, encouragement and inducements outside Kanya, impose prohibitions only on Kenyan nationals and bodies incorporated under the laws of Kenya.

(4) Proceedings for an offence under section 6 committed outside Kenya may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in Kenya.

E.

(l) In proceedings for an offence under section 6, it Authorisedcooduct' is a defence for the accused to satisfy the court that his conduct was authorised by this section.

(2) A person's participation in the transfer of a prohibited object is authorised by this section if- (a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and (b) the transfer in question is authorized by the Cabinet Secretary for the purposes of this subsection.

(3) A person's participation in the transfer of a prohibircd object is authorised by this section if it is only for the purpose of enabling the object to be destroyed.

(a) The possession by a person of a prohibited object is authorised by this section if it is only for the purpose of enabling the object to be destroyed.

(5) The possession by a person of a prohibited object is authorised by this section if- (a) it is with the intention that the object will be used only for purposes permitted by subsection (8); and (b) the object is one which the Cabinet Secretary has for the purposes of this subsection authorized him to have in his possession.

t&5 2Ol5 Prohibition of Anti-Personnel Mines No 21 (6) A person's participation in the acquisition of a prohibited object is authorised by this section if- (a) the acquisition concerned is by meaos of a fransfer which is authorised by virtue of subsection (2) or (3);and (b) he participates in that acquisitioe (i) with the intention that the object will be used only for purposes permitted by subsection (8); or (ii) for the purpose (with or without a further transfer)of enabling the object to be destroyed.

(7) The assistance, encouragement or inducement by any person of conduct mentioned in section 6 (1) is authorised by this section if, at the material time, he believed on reasonable grounds that the conduct in question is or will be authorised by this section.

(8) The possession of a prohibited object is permitted for- (a) the development of techniques of mine detection, mine clearance or mine destnrction; (b) training in techniques of mine detection, mine clearance or mine destruction; and (c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence.

(9) No person shall be authorised by the Cabinet Secretary for the purposes of subsection (2) or (5) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (8).

(10) Authorisation by this section of any conduct does not indemnify any person against, or otherwise abrogate or affect, a liability under any other Act in respect of that conduct.

9.

(l) A person is not guilty of an offence under Iotcrnerbnel section 6 in respect of any conduct of his which- mitltryoeartimr tffi Prohibitbn of Anti-Personnel Mines 2015 No.21 (a) takes place in the course of, or for the purposes of, a military operation to which this section applies, or the planning of strch an opcration; and (b) is not, and does not relate to, the laying of anti- personnel mines in contravention of the Ottawa Convention.

(2) In proceedings for an offence under section 6 in respect of any conduct, it is a defence for the rccused to satisfy the court that* (a) the conduct was in the course of, or for the purpose of, a military operation or the planning of a military operation; (b) the conduct was not the laying of an anti- personnel mine; (c) at the time of the conduct he believed on reasonable grounds that the operation was or would be an operation to which this section applies; and (d) he did not know, and had no reason to suspect, that the condrct related to the layrng of anti- personnel mines in conhavention of the Ottawa Convention.

(3) This section applies to a military operation- (a) which takes place wholly or mainly outside Kenya; (b) whictr involves the participation both of members of the defence forces of the Republic and of members of the defence forces of a State other than Kenya; and (c) in the course of which there is or may be some deployment of anti-personnel mines by members of the defence forces of one or more States that are not parties to the Ottawa Convention, but in the course of which such mines are not to be laid in contravention of that Convention.

(4) If in any proceedings any question arises whether any actual or planned military operation involved the participation of any person, a certificate issued by or under the authority of the Cabinet Secretary stating any fact 1il7 m$ Prohlbition ol Anti- P ersowu I htirps No 21 relating to that question shall b conclusive evidence of that fact.

(5) For the purposes of this section, the laying of anti- personnel mines shall be deemed to be in contravention of the Ottawa Convention in any circumstances other than those where the mires are laid by members of the defence forces of a State that is not a parry to that Convention.

(6) For the purposes of this section, a State is a party to the Ottawa Convention if, under Article 16 of that Convention, that State has ratified, accepted or approved that Convention or has acceded to it and eitlrcr- (a) that Convention is in force in relation to that State; or (b) paragraph I of Article I of that Convention is being provisionally applied in relation to that State in accordance with Article 18.

(7) The defences available under this section in rcspect of an offence under section 6 extend to ap,ply in rcspect of any offence of conspiring or attempting to commit the offence concerned.

PART III-,SECT]RING TIIE DESTRUCTION OF ANTI-PERSiONI\IBL MINES 10.

(1) Where the Cabinet Secretary- sotptrottojcae (a) has reasonable grounds to suspect that an object is a prohibited object; and (b) has rcasonable grounds to believe that the person in possession of the prohibited object is not a penlon whose possession of it is authorised by section 8, (c) the Cabinet Secretary may srve a notice under this ' section on any person mentioned in subsection (3).

(2) A notice under this section shall- (a) describe the object and state its location; (b) sate that the Cabinet Secretary suspects that the object is a prohibited object and give the reasons for his suspicion; (c) state that he is considering whether to secure its destnrction under this Part; 1648 Prohibition of Anti-P ersonnel Mines No.21 (d) state that any person may make representations in writing to the Cabinet Secretary that the object is not a prohibited object or that it is lawfully in his' possession; and (e) state that a person on whom the notice is served and who has the object in his possession shall not relinquish possession before a date specified in the notice.

(3) A notice under this section may be served on- (a) any person who appears to the Cabinet Secretary to have the object in his possession; or (b) any other person who appears to the Cabinet Secretary to have an interest which the Cabinet Secretary believes will be materially affected by the service of the notice.

11.

(l) Where the Cabinet Secretary has reasonable Powr to lemove or grounds to suspect- immobilise objects.

(a) that a prohibited object is on any premises; and (b) that none, or not all, of the persons in possession of the objet are persons whose possession of the object is authorised by section 8, he may, with the consent of the occupier of the premises, by insfrument in writing authorise a person to enter the premises and to search them: Provided that the consent of the occupier shall not be necessary in relation to premises to which the public has access.

(2) A judge or magistrate who is satisfied, on information on oath, that there are reasonable grounds to believe- (a) that a prohibited object is on any premises; and (b) that none, or not all, of the persons in possession of the object are persons whose possession of it is authorised by section 8, may issue a warrant in writing authorising a person acting under the authority of the Cabinet Secretary to enter the premises, if necessary by force, at any time within one month from the time of issue of the warrant and to search the premises.

t&9 fr15 Prohibitbnof ,lnti-Pcrw*ul Mincs No.

2l (3) Subject to subsection (4), if a person eilert premises un&r an autlrcrisatiqr or warant under this section ard a prchibitcd object is fourd therc, he may rnake the obirt safe ard- (a) rnay seize ard remove it if it is reasurably practicabb !o do so; or (b) may, in any casc, affrr a wuning to the obpct, m 'in a conspicuous position !os@nthing near the obftct, stating thaf the obftrct is not to be moved or interferd with before dte ddc ryocified in thc warning.

(4) A prsm shall not exercise the powers oortrcfid by suhection (3) if he is satisH that ttrc only persorrc in pmsession of the object arc pcrsoffi whme pwsession of it is authorised by section 8.

(5) Fs ttr purpoocs of zukctim (3), an obrtrt ie madc safe if, withotrt being destroyed, it is prrevented fr,qn being an imrnediate danger (by the discqupction of a detonator or otlrcrwise).

(6) This scction appliee whetkr tr not an*ioe u*r section 10 h6 ben served m arty person.

12.

(I) This section applies if an object is removd R6rGrbd.rf'oy fronr premisee under sectim ll, atrd for the plrposes of rdQFa this section- (a) the first six-rnorltll priod is the priod of sh rnurths @fumiry with tb day after the snoval; and O) ttrc secomd six-rnmth peri,od is thc period of sir rnonths bqinniry with tk day after the first sh- npnth period@ds.

(2) If, at any tirne in th fimt six*north period- (a) my person appears to the Cabina Souetry to lnve had the objoct in his possession immeaiat*y bdore its removal; rO) any otlrcr pcrson appars to tk Cffi Secrretary to lpve an interest whict &e Cabinst Secrctry belicts world be rmterially affected by the object ns destrirctioo, 1650 No.

2l Prohibition of Anti-Personnel Mines 20ts the Cabinet Secretary shall serve on that person a notice under this section.

(3) A notice under this section shall- (b) describe the object and state its location; (b) state that the Cabinet Secretary proposes to sectre its destruction and grve the reasons for his proposal; (c) state that the person on whom the noticr is served may object to the Cabinet Secretary's proposal; and (d) state that any such objection- O shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and (ii) shall show cause why the object should not be destroyed.

(4) Subject to subsection (5), the Cabinet Secretary may, at any time in the second six-month period, authorise a person to destroy the object.

(5) No action shall be taken under subsection (4) unless the Cabinet Secretary has- (a) afforded any person on whom a notice under this section has been served an opportunity to respond within the period allowed by the notice; and (b) taken into account any objections made to the proposal to destoy the object whether made in response to a notice or otherwise.

(6) If any object is removed from premises under section II and destroyed under this section, the Cabinet Secretary may recover from any person who had possession of the object immediately before its removal any costs reasonably incurred by the Cabinet Secretary in connection with the removal and destruction.

(7) If- (a) an object is removed from premises under section l1; (b) at the end of the second six-month period, the Cabinet Secretary has not authorized the destruction ofthe object; and l65l 2015 Prohibition of Anti-Personnel Mines No.21 (c) a person had possession of the object immediately before its removal, the Cabinet Secretary shall return the object to the person mentioned in paragraph (c) or, if there is more than one, to the person the Cabinet Secretary thinks appropriate.

.

13.

(l) This section applies where a warning has been Powcr to cntrr prcmiccsand dccooy affixed under section ll, and for the purposes of this obirts.

section- (a) the first six months of the warning is the period of six months beginning with the day after the warning was affixed; and (b) the second six months of the warning is the period of six months beginning with the day after the first six months of the warning ends.

(2)lt at any time in the first six months of the warning the Cabinet Secretary has reasonable grounds to believe that- (a) any person had the prohibited object in his possession immediately before the warning was affixed; or (b) any other person has an interest which would be materially affected by the object's destruction, the Cabinet Secretary shall serve on that person a notice under this section.

(3) A notice under this section shall- (a) describe the object and state its location; (b) state that the Cabinet Secretary proposes to secure its destruction and give the reasons for his proposal; (c) state that the person on whom the notice is served may object to the Cabinet Secretary's proposal; and (d) state that any such objection- (D shall be made in writing to the Cabinet Secretary before such date as is specified in the notice; and 1652 No 21 Prohibitton of ,lrrti- Personne I Mines (ii) shall state why the object should not be destroyed.

4 (6), 4) Subject to subsection the Cabinet Secretary may, at at any time within the second six months of the warning, with the consent of the'occupier of the premises where the object is believed to be located, authorise a person to enter the premises and to destroy the object: Provided that the consent of the occupier shall not be necessary in relation to premises to which the public have access.

(5) A judge or magistrate who is satisfied, on information on oath- (a) that an object in respect of which a warning has been affixed under section ll is on any premises; O) that the Cabinet Secretary has decided, within the second six months of the warning, that the object should be &sfoyed; and (c) that the requirements of zubsection (6) have been complied with, may issue a warmnt in uniting authorising a pnion acting under the authority of the Cabinet Secretary to enter the premises, if neeessary by force, at any time within one month from the time of the issue of the warrant and to desfroy the object if it is found there.

(5) No action shall be taken un&r subsection (a) or (5) unless the Cabinet Seoetary has-- (a) afforded any person on whom a notice under this section has been served an opportunity to respond within the period allowed by the notice; and O) taken into account any objections to the object'sp:oposed destruction, whether made in rsponse to a notim or otherwise.

(7) Where an object is desffoyed under this section the Cabinot Secretary may recover, from any person who had possession of the object immediately before the warning was affixed under section Il, any costs reasonably incurred by the Cabinet Secretary in connection with the &struction.

1653 20f5 Prohibition ol Anti-Personnel Mines No.2l 14.

(l) This section applies where- Colrtpal|sdion for dcEEnctioo- (a) an object has been destroyed under section 12 or l3; O) a person claims- (i) he had an interest which was materially affected by the destnrction; and (ii) he sustained a loss as a result of the destnrction; and (c) notice was not served on the person under the section concerned (whether or not one was served on any other person.

(2) The High Court, on application made by the perEon concerned and on finding his claim to be justified, mey order the Cabinet Secretary to pay to the person such amount, if any, by way of compe'nsation as the Court thinks just; Provided that, if the Court is satisfied that the object would have been destoyed even if notice had been served on the applicant under the section concerned, no compensation shall be payable under this section.

15.

(l) A person- Ofiences rcl*ing to dcltnction, Gtc.

(a) on whom a notice has been served under section l0 in relation to an object that was in his possession at the time the notice was served; and (b) who, without reasonable excuse, relinquishes possession of the object before the date specifid under section 10 (2) (e), commits an offence.

(2) A peffnn who willfully obstructs any person acting, or attempting to act" in pwsuance of any of the provisions of this Part commits an offence.

(3) A person who, without reasonable xcuse- (a) interferes with a warning atrxed under section II in relation to an object; or (b) before the date specified in the warning moves or interferes with the object, commits an offence.

(4) A person who commits an offence under tlrc provisions of this section shall be liable on conviction to a 1654 Prohibitian of Anti- P ersonne I Mines 2015 No.21 fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

(5) A person who knowingly makes a false or misleading statement in response to a copy of a notice served under any of the provisions of this Part commits an offence, and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

PART TV_FACT.FINDING MISSIONS 16.

(l) Where it is proposed that any of the functions Rights of entry, etc., for fact-finding of a fact-finding mission should be carried out in Kenya, misions the Cabinet Secretary may issue an authorisation under this section in respect of that mission.

,l (2) { An authorisation under this section shall- l (a) contain a description of the area of Kenya (in this section referred to as the "specified area") in which the fact-finding mission is to carry out functions; and (b) state the names of the members of the mission.

I (3) Such an authorisation shall have the effect of authorising the members of the fact-finding mission- (a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purposes of the carrying out of the 1 mission's functions under the Ottawa Convention; i and Il (b) to do such other things within that area in connection with the carrying out of the mission's functions as they are entitled to do by virtue of that Convention.

(4) Such an authorisation shall, in addition, have the effect of authorising any member of the police force to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention.

(5) Any member of the police force giving assistance in accordance with subsection (4) may use reasonable force for the purpose mentioned in that subsection.

1655 2015 Prohibition of Anti-Personnel Mines No.21 (6) The validity of any authorisation purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission's functions in Kenya.

(7) Accordingly, where an authorisation purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission's functions in Kenya if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission's functions.

(8) If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact- finding mission, a certificate issued by or under the authority of the Cabinet Secretary stating any fact relating to that question shall be conclusive evidence of that fact.

- (9) If an authorisation is issued under this section, the Cabinet Secretary may issue an amendment varying the specified area, and- (a) from the time when the amendment is expressed to take effect this section shall apply as if the specified area were the area as varied; (b) subsections (6) and (7) shall apply to the amendment in the same manner as they apply to the authorisation; and (c) the Cabinet Secretary may issue further amendments varying the specified area, and in such a case paragraphs (a) and (b) shall apply.

17.

(l) A person who, without reasonable excuse, Offmsin conncctbn with neglects or fails to comply with any request made, for the fact-firding purpose of facilitating the carrying out by an authbrised missions fact-finding mission of its functions under the Ottawa Convention- (a) by a member of such a mission; or (b) bV a member of the police force assisting such a mission, commits an offence.

1655 Nc 2l Prohibitbn of Anii-Pernmcl Mhcs 2tt5 {2) A person who willfrrlly obstnrcts any rnernber of an authorisd fact-fiding mission in thc carrying out of tlre miseion's functions undcr the Ottawa Convention commits an offence.

(3) A person who knowingly makes a false or misleading statement to any msmber of an authorizrd fast finding mission in the carrying out of the miseions firnctions under the Ofiawa convention commits an offcnce.

(4) A person who commits an offence under this section shall be liable on conviction to a fine not excoeding five hundrod thousand shillings or to imprisonment for a tcrm not excacding trilo years or to both.

It (l) Mcrnbers of a fact-finding mission shall Hmtn* ei{oy- irde3atdo* (a) immuity from suit and lqnl process in respect of things donc or ourittd to be done by them in thc carryiry out of their fimctions lmder the Ottawa Convention; O) Orc like fumunity from pcrsonal arrpst or detention cro' r7e' and the like inviolability for all papcrs and docurneats as, in acaordance with the Privilqes ind Imnunities Act, are aocorded to a diplomatic agcot; and (c) the like orcmptions and privilqps in respect of their personal baggnge as, in accordanoe with that Act, are accorded to a diplonratic agnnt.

(2) The immunities, privilqes and oremptions accorded to msnbers of fact-finding missions by virtue of subsffition (l) (b) and (c) shall be ei{oycd by them at any time when they are in Ke'nya either- (a) for the purpose of carrying out in Kenya any of the functions of the mission; or (b) while in Eanoit to or from a counfiy or tenitory in connoction with the carrying out, in that country or tcnitory, of any of the functions of the mission.

(3) If any of the immunities, privilqss or eiremptions acor&d to a rneinber of a fact-findiag mission under this soction is waived in any particular case by the Secretary Geoffal of the United Nations, this section shall have effect 1557 Prtolibtt&rr of /r,d, ltitus Pcrwwl Ncrl in that sBEo ao if it did mt coofor 6rt immalty, prlyihgp or exemption on thet membcr of tte migsim.

(4) If in any proooodap r rymtion arisce wMer a pGrson ig or is rct ondtled !o ray immraity, privikge on cxmption by virhre of 6ir roc'tim, a ertificatc issrd by or undcr ec Irrfiority of tto C{birt Socrutry rhtiog any frct rcLtiry to thst quoetio Srll bG omchrlire cyklenoe of thst fu.

lr, Thc Cobitrd Socrctry *rll trb tto mary Affi,t adminirmrtivo lrer$ttur for purpocc of faciliating tlp Lc.

accommodation, trrnsportdion, rority aad rcletod rleeds of th frct findiag mhsion ufills on Konym tribry.

,0.lb Crbircil Soartary may rclnhrce my pcrson fr*traof in reryoct of oxpoodihnt incurrd in omnostion with the cfIordlre.

carrying otrt of th fttnodqr of r frd-flnding mirdon.

21.

(l) Tbo &bird Socsfrry nry ddog$e to rny Oao3trUy scnior offroer u& fu conEol, dincdon md rupcrvbion ShiSccrary of tho Cabina Socn*1rv by nrno or ofrcc, uy of thc funodons and powcn fuqoaod r oonfsrod on tbc Cabjnct Scafi|tary tmdcrhir ActoxoGpi ftrfiepourcrto mrkc rules undcr eoodon 29, (2) Any &hgndm tndor 6b $otim rhell not prwent tlto Cabinct Ssrtrry ftoE pcsomrly cxacieiog or porforming eleh dolqrtod fimction or powcr.

(3) A dolrrson m.do rudcr nfution (l) rnay- (a) bo m.dc s6j*t to ruch ooodtims, limfltrtions or rcrEiatimr.s mry be rpocnfiod io 6G inrtrumcnt of ddqdoa; md (b) bercvokodornrkd, PARTVffiANDNEOOnI}S 22, (1, Tho eabirrt Socrltary mry, by notioo rcquirc a lffirrd roo6frrOlur pcrson so trvo, lu r prorcribod fam rnd wi6in I Oorl.lda reasonablc pgrid ryoci0cd ltr 0re mtloe, such information F.pG.

as msy bc co rpcclffi, baing lnformfu which thc Csbinct Son"ttry hu rerrm$h Srounds o bollovc ir or will bc nd in connocdon wlth anythlng to bo donc fq ttrc purpocos of the OcawaConvoilion.

(l) (2) Infauudon roquirod by a node under cub,roctlon may rclatc to I rtatG of iffdn mboicting beforc or aftcr 1658.

No.

21 Prohibition of Anti-Personnel Mines 2015 the coming into force of this Act or of the Ottawa Convention.

(3) The Cabinet Secretary may, by notice require a person to keep such records as may be specified in the notice, being records which the Cabinet Secretary has reasonable cause to believe will facilitate the giving of information which that person may at any time be required to give under subsection (1).

(4) A person who does not comply with a notice given under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or both.

(5) A person on whom a notice is served under subsection G) anO who makes a false or misleading statement in response to it commits an offence, and shall be liable on conviction to a,firrc not exceeding five hundred thousand shillings or to imprisonment, for a tenn not exceeding two years, or both.

23.

(l) A judgr or magistrate who is datisfied, on Porcr b scarch and information on oath,'that there are reasonable grounds to obtain evidence.

believe- (a) that an offence under this Act is being, has been or is about to be committed on any premises; or (b) that evidence of the commission of such an offence is to be found on the premises, may issue a warrant in writing authorising a person actrng under the authority of the Cabinet Secretary to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

(2) A person who enfers an! premises undtir the authority of a warrant under this section may- (a) inspect any document found on the premises which he has reasonable cause to believe may be required as evidence" for the purposes of proceedings in respect of an offence under this Act; (b) take copies of, or seize and remove, any such document; 1659 }AJ.S Prohibition of Anti-Personnel Mines No.21 (c) inspect, seize and remove any device or equipment found on the premises which he has reasonable cause to believe may be required as such evidence; and (d) inspect, sample, seize and remove any substance found on the premises which he has reasonable cause to believe may be required as such evidence.

(3) A member of the Kenya Police Service who enters any premises- (a) under the authority of the warrant; or (b) bV virtue of subsection (2) (a), may search any person found on the premises who he has reasonable grounds to suspect is in possession of any document, device, equipment or substance which may be required as evidence for the purposes of proceedings in respect of an offence under this Act Provided that no person shall be searched by a person of the opposite sex.

(4) A person who willfully obstructs another in the exercise of any power conferred by a warrant under this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both.

24.

(l) This section applies to information which- Disclosurc of informrtion.

(a) was obtained under, or in connection with anything done under, this Act or the Ottawa Convention; and (b) relates to a particular business or other activity carried on by any person.

(2) So long as the business or activity continues to be carried on, the information shall not be disclosed, except- (a) with the consent of the person for the titne being carrying on the business or activity; (b) in connection with anything done for the pu{poses of the Ottawa Convention; (c) in connection with anything done for the purposes of this Act; 1660 Proltbitbn oJ Anti- P ersowu I Mlrr,cs IS.2r (d) in conffitioo with the invctigation of any qiminal offence or for the purposes of any criminal procdings; (e) in connection with the enforcement of any restriction on imports or exports; <x (f) with a view to ensuring the security of Kenya.

(3) A p6son who discloses information in mnhrveotion of this section commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, orboth.

(a) Nothing in this or any other Act or law shall be demd to prevent a disclosure of any information to which this soction applies if it is made in circumstances mentioned in any of paragraphs O) to (f) of subsection (2).

PART VI-MISCELII\NEOUS PROVISIONS 23.

(l) Wifr the conscnt of the Dircctor of Public GnoudErcirc Prpocutions grvcn rmder thc Criminal Procedure Codc, prqwtior.

prdings for an offence undcr section 6, or for any erg.?t, offcnce of conqpiring or attempting to commit $rch an offence, may h instinrtod by order of the Commigdoner of Customs if it appears to him that the offence has involved cither- (a) thc movement of a prohibited object into or out of any country or territory; or (b) any proposal or ottcmpt to move a prohibited object into or out of any cotrntry or territory, (l) @ Any proceedings institutod under subsction shdl bc commenced in the nfine of an offtcer authorisd by the Commissioner of Customs for the ptllposc.

(3) In the casc of the death, removal, discharge or abscncc of the offtcer in whose name any such proceedings were commenced, thosc proceedings mey be continued by another officcr authoriscd by the Commissioner.

2G (l) The court may order that anything thowtr to Forlblu! ln crro of thc court's satisfaction to roleta to the offenco rhall be coovklb.

forfeitd nnd thereupon dcshoyed or othenrise dcalt with in such milmer as is spocified in the order.

l66l 2015 Prohlbition of Anti-Persotrct Nincs No.2l (2) In particular, the cqfi may declare that ttrc thing is to be dealt with es the Cabinet Sqtary may see fit; ur{ in such a case, the powers of the Cabinet Sectetary shall include power to direct the deshrctioo of that thing or to sectlne its dispdal in any other way that appeacs to him appropriate.

(3) whoe- (a) the court proposes to declare anything to be forfeited under this section; and @) a person claiming to have an intcrest in it applies to be heard by the court the court shall not order its forfeiture rmless that person has been given an opportunity to Sow cause why the or&r should not be made.

27.(l) Where an offence under this Act is committed Clkcbybdicr by a body corporrte and is prcved to have been committed qF**, with the consent or connivance oq or to bG attributabh to any neglect on the put of- (a) a director, manager, secretary or othr officcr of the body corporate; or O) any perso{l who was ptrporting to act in any srch capacity, he, as well as the body corporate, Sall be &rrred to have committed that offence md shll be liable to be proceeded against and punished accordingly.

(2) In zubsection (l), "directofl, in relation to a body corporate wlrcse atrairs are man*ged by its rnerrbers, means a nrember ofthe body corporate.

2t.

(l)A person acting un&r an atrthorisatim (r tfr-d warant under this Act may talce with him such oeer dcifr* persons and such equipmeirt as appcar to him to bc necssary.

(2) If the authorisation or warrant so p,rovi&, the powers confend on aoy person by an authorisatiou q warrant under this Act shall be exercisable only in the presence of a rnenrber of the police fcce.

(3) The occupier of any prernises- (a) in relation to which it is proposed to exercise a right of entry in reliance on m authorisatisr m warrant under this Acq or 1662 Prohibition of Anti- P Mines 2015 ersonnel No.21 (b) on which an inspection is being carried out in reliance on such an authorisation or warrant, or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation or warrant to be shown to him by a person purporting to act in pursuance of it: 29.

The Cabinet Secretary may make such rules, not Rures' inconsistent with this Act, as may be necessary or expedient for carrying out or giving effect to this Act.

scHEDrrLE (S.3) CONVENTION ON THE PROHIBITION OF THE USE, STOCKPILING, PRODUCTION AND TRANSFER OF ANTI- PERSONNEL MINES AND ON TI{EIR DESTRUCTION PREAMBLE The States Parties, 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, 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, \ilishing to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims, Recognizing that a total ban of anti-personnel mines would also be an important confidence-building measure, \ilelcoming 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, 1663 Prohibition of Anti- Personnel Mines zms No.21 V[elcoming also United Nations General Assembly Resolution 51145 S of l0 December 1996 urging all States to pursue vigorously'an effective, legally-binding international .4greement to ban the us, stockpiling, production and transfer of anti-personnel landmines, Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming Lt prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines, Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a totil 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-govemmental organizations around the world, kecalling the Ottawa Declaration of 5 October 1996 and the Brussels Declaration of 27 lane 1997 urging the international.

community to negotiate an international and kgally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines, Emphasizing the desirability of atffacting 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 Bb Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, 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, ' Have agreed as follows: , Article I General obligations l.

Each State Party undertakes never under any circumstances: (a) to use anti-personnel mines; (b) to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines; lffi fdrdblrlolr $Aruffcrrollrrrll ltucs No.2l (c) b arEfutf enoungp r futdrre, in sry wEt-, anyonc to cngags in any activity prohibild oa $rtc Puty une fis Cmvention.

2.

Esh Sttte hfty udertakcs to deooy (r cmrme tlte &stnrstiffi of all ami-persomnel mhGE in apcoduroe with thc provisions of this Coventinn.

Dcftu ArddG 2l.

iAnti-pcrsonrel mincr mGrE r mirc dwignd to be exphdcd by thc praenoe, proximity 6 colrtrrt of a pcrsm and thst will inoapocitrtc injue or kill onE fi ffii Fctrm& Mils daf$rd to be daonad by tlrc prcsrce, prcximity orsfrrt of r vdrick rs oppoced to a persm thet are c$iefd wi& rni-Mling dcnis, eE mt cmsidercd anti-persooml mirrs ts e rcsuh of being so quipped.

2.

't{inc' mcrm a rmition dcaigffi !o be pLod rmfu, on (r rrcar tbc grcrd a & erfs urs urd io bc ctrplodcd by the 1rtsenoe, pmrinity aqn&t of a permn ma vchkle.

3.'Anti-hmdling dcvioe' EGaa s dcrvkr itilendcd to prctect a mine ed which is prt of, fined o, amrchcd om plred udcr the minc ard which uirm c,he.lEmg is db try w*hu drcrsise irtcffiicrltly dirtufi ttc mirc.

4.

'Tru*r' invdvca, in edditio to fu phyd*t nrovemsrt of mi- pcmml mincs into or ftm rxkn* erricy, the usrefcr of titlc to and eoffiol onrcr thc mim, ht docs rot involrc thc trrnsfer of territory omtdning enphccd ami-pcrsmrcl laircs" 5.

"hdinGd &8" Erc&F sI arc.

whic{t is dmgerms due to the prcsooc or $rspectod presm of n*nes.

' A!&t fxcpmn gwel tutkh l, tlrc l.

Notrrithtrdtsry Ure dlietius udcr for th rctEntiom or tratufcr of, a mm6er of auijcruml mfoGs &vehpmem d md tining in mirr dcroetkn, mire chran'oc, q mir dc$mEtion tectmhrrcs il perminee fir m of $leh ruillcs shfi not exceed the mirimn mtrScr Scohcty nesary for tb Sotc- mmtidprrpws.

z.Tbtrmsfcr of rni-pcrmel mincs fc Sre pirpoce of &suctkm i* perndttod.

1665 Prohibition of Anti- Personne I Mines 2015 No.21 Article 4 Destruction of stockpiled anti-personnel mines 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.

Article 5 Destruction of anti-personnel mines in mined areas 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.

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 Weapo.ns Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects.

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 I 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.

Each request shall contain: (a) the duration of the proposed extension; (b) a detailed explanation of the reasons for the proposed extension, including: the preparation and status of wqrk conducted under national demining progftlrns; 1666 Prohibitbn of Anti-P*sonnel Mines No.2l (i) the financial and technical means available to the State Paay for the destnrction of all the anti-personnel mines; and (ii) 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 extension; and (d) any other information relevant to the request for the proposed extension.

5.

The Meeting of the States Parties or the Review Conference sMl, 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.

Such an extension may be renewed upon the submission of a new rcquest in accordance with paragraphs 3, 4 and 5 of this Article.

In requesting a further extension perid a State Paty shall submit relevant additional information on what has been undertaken in the previorrs extension perid pursuant to this Article.

Article 6 Inteinationd aooperation and assistane 1.In fulfilling its obligations under this Convention each State Pafiy has the right to seek and receive assistance, where feasible, from other Statcs Parties to the extent possible.

z.Fach Starc 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.

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 Crmmittee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organizations, or on a bilateral basis.

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 1667 Prohibition of Anti- P*sonnel Mines No.21 organizations or institutions, non-govemmental organizations or institutions, or on a bilateral basis, or by contributing to the United Nations Voluntary Tnrst Fund for Assistance in Mine Clearance, or otlpr regional funds that deal with demining.

5.

Each State Party in a position to do so shall provide assistance for the destruction of stockpiled anti-personnel mines.

6.

Each State Party undertakes to provide information to the database on mine clearance establistred 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.

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: (a) the extent and scope of the anti-personnel mine prob_lem; (b) the financial, technological and human resources that are required for the implementation of the program; (c) the estimated number of years necessary to destroy all anti- personnel mines in mined areas under the jurisdiction or control of the concerned State Party; (d) mine awarcrrcss activities to reduce the incidence of mine-related injuries or deaths; (e) assistance to mine victims; (0 the relationship between ttre Crovernment of ttrc concerned State Party and the relevant governmental, inter-governmental or non- governmental entities that will work in the implementation of the program.

8.

Each State Pary grving 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.

Article 7 Transparency measunes 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: (a) the national implementation measures referred to in Article 9; 1668 Prohibition of Attti-Personnel Mines 2015 No.21 (b) 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; (c) to the extent possible, the location of all mined areas that contain, or are 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; (d) 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, mine clearance or mine destruction techniques, or transferred for the purpose of destruction, as well as the institutions authorized by a State Pany to retain or fransfei anti-personnel mines, in accordance with Article 3; (e) the status of programs for the conversion or de-commissioning of anti-personnel mine production facilities; (f)the status of programs for the destruction of 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; (g) the types and quantities of all anti-personnel mines destroyed after the entry 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 Articles 4 and 5, respectively, along with, if possible, the lot numbers of each type of anti-personnel mine in the case of destruction in accordance with Article 4; (h) 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, colour photographs and other information which may facilitate mine clearance; and (D 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.

1669 201,5 Prohibition of Anti- Personnel Mines No.21 2.T\e 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.

The Secretary-General of the United Nations shall transmit all such reports received to the States Parties.

Article 8 Facilitation and clarification of compliance 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.

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.

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.

Pending the convening of any meeting of the States Parties, any of the States Panies concerned may request the Secretary-General of the United Nations to exercise his or her good offices to facilitate the clarifi cation requested 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 1670 Prohibition of Anti-Permnnel Mines 2015 No.2l request that they indicate whether they favou 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 furthcr 14 days.

A quorum for this Meeting shall consist of a majority of States Parties.

6.

The Meeting of the States Parties or the Special Meeting of the States Parties, as the case may be, shall fust &termine 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.

- 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.

8.

If firrttrer clarification is required, the Meeting of the States Parties or the Special Meeting of the States Parties shall authoriz,ea fact-ftnding 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 infornration on the spot or in other places directly related to the alleged compliance issue under the jurisdiction or control of the reguested State Party 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 participarc 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 appoinftnent of the expert to such missions.

10.

Upon receiving a request from the Meeting of the States Parties or a Special Meeling of the States Parties, the Secretary-General of tho United Nations shall, after consultations with the requested State Party, t67t 20ts Personncl Mines Prohibition of Anti- No 21 appoint the members of the mission, including its leader.

Nationals of Stares Parties requosting 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 Convontion on the Privileges and Immunities of the United Nations, adopted on 13 February 1946.

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 earliost opportunity.

The requested State Party shall take the necessary adminisfative measules 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.

12.

Without prejudice to the sovereignty of the requested Stat Party, the fact-finding mission may bring into the tenitory 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 ttrc requested Stat Party of the equipment that it inrcnds to utilize in the cou$te of its fact-finding mission.

13.

the requestcd State Party shall make all efforts to ensure that the fact-finding mission is given the opporamity to speak with all relevant persons who may be able to provide information related to the alleged compliance issue.

14.

The requested State Party shall grant access for the fact-finding miseion to all areas and installations under its control where facts relevant to the complianco issue could be expected to be collected.

This shall be subject to any arrangements that the requested State Party considers neccssary for- (a) ttp protection of sensitive equipment, information and areas; (b) thc protcction of any constitutional obligations the requested Strt Party may have with regard to proprietary rights, searches and seizures, or other constitutional rights; or (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 makc every reasonable effort to demonstrate through alternative means its compliance with thie Convention.

15.

The fact-finding mission may remain in the territory of the State Party concorned for no more than 14 days, and at any particular site no morc than 7 days, unless otherwise agreed.

I 1672 No.21 Prohibition of Anti- P ersonnel Mines 20ts 16.

All information provided in confidence and not related to the subject matter of the fact-finding mission shall be freated on a confidential basis.

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.

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.

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.

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 l.

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 swh dispute before the Meeting of the States Parties.

2.

The Meeting of the States Parties may contribute to the settlement of the dispute by whatever means it deems appropriate, including offering 1673 P rohib ition of Anti- Pe rsonne I Mine s 2015 No.2l 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.

This Article is without prejudice to the provisions of this Convention on facilitation and clarification of compliance.

Article 11 Meetings of the States Parties 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 Convention; (c) international cooperation 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 (f) decisions relating to submissions of States Parties as provided for in Article 5.

Z.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.

Under the conditions set out in Article 8, the Secretary-General of the United Nations shall convene a Special Meeting of the States Parties.

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.

Article 12 Review Conferences 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 t674 Prohibition of Anti-P ersonnel Mines 20ts No.21 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.

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 II ; (c) to take decisions on submissions of States Parties as provided for in Article 5; and (d) to adopt, if necessary, in its final report conclusions related to the implementation of this Convention.

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.

Article 13 Amendments 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.

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.

3.

The Amendment Conference shall be held immediately following a Meeting of the States Panies or a Review Conference unless a majority of the States Parties request that it be held earlier.

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 1675 Prohibition of Anti- Personnel Mines 201s No.21 Conference.

The Depositary shall communicate any amendment so adopted to the States Parties.

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.

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.The costs incurred by the Secretary-General of the United Nations under Articles 7 and 8 and the costs of any fdct-finding mission shall be borne by the States Parties in accordance with the United Nations scale of assessment adjusted appropriately.

Article 15 Signature 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.

Article 16 Ratification, acceptance, approval or accession 1.

This Convention is subject to ratification, acceptance or approval of the Signatories.

2.

It shall be open for accession by any State which has not signed the Convention.

3.

The instrumgnts of ratification, acceptance, approval or accession shall be deposited with the Depositary.

Article 17 Entry into force 1.

This Convention shall enter into force on the first day of the sixth month after the month in which the 40th instrument of ratifisation, acceptance, approval or accession has been deposited.

1676 Prohibition of Anti-P ersonnel Mines 2fr15 No.21 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 I the date on which that State has deposited its instrument of ratification, acceptance, approval or accession.

Article 18 Provisional application Any State may at the time of its ratification, acceptance, approval or I accession, declare that it will apply provisionally paragraph 1 of Article 1 of this Convention pending its entry into force.

Article 19 Reservations The Articles of this Convention shall not be subject to reservations.

Article 20 Duration and withdrawal 1.

This Convention shall be of unlimited duration.

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.

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.

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.

Article 21 Depositary The Secretary-General of the United Nations is hereby designated as the Depositary of this Convention.

Article22 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 Secretary-General of the United Nations.

.