Resolução da Assembleia da República n.º 55/2007, de 29 de Outubro de 2007
Resoluçáo da Assembleia da República n. 55/2007
Aprova Protocolo sobre Explosivos Remanescentes de Guerra
(Protocolo V) à Convençáo sobre a Proibiçáo ou Limitaçáo do Uso de Certas Armas Convencionais Que Podem Ser Consideradas como Produzindo Efeitos Traumáticos Excessivos ou Ferindo Indiscriminadamente, adoptado pelas Altas Partes Contratantes na Reuniáo de Estados Partes na referida Convençáo em 28 de Novembro de 2003.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161. e do n. 5 do artigo 166. da Constituiçáo, aprovar o Protocolo sobre Explosivos Remanescentes de Guerra (Protocolo V) à Convençáo sobre a Proibiçáo ou Limitaçáo do Uso de Certas Armas Convencionais Que Podem Ser Consideradas como Produzindo Efeitos Traumáticos Excessivos ou Ferindo Indiscriminadamente, adoptado pelas Altas Partes Contratantes na Reuniáo de Estados Partes na referida Convençáo em 28 de Novembro de 2003, cujo texto, na sua versáo autenticada em língua inglesa e respectiva traduçáo em língua portuguesa, se publica em anexo.
Aprovada em 12 de Julho de 2007.
O Presidente da Assembleia da República, Jaime Gama.
PROTOCOL ON EXPLOSIVE REMNANTS OF WAR
The High Contracting Parties:
Recognising the serious post-conflict humanitarian problems caused by explosive remnants of war;
Conscious of the need to conclude a Protocol on post-conflict remedial measures of a generic nature in order to minimise the risks and effects of explosive remnants of war;
And willing to address generic preventive measures, through voluntary best practices specified in a technical annex for improving the reliability of munitions, and therefore minimising the occurrence of explosive remnants of war;
have agreed as follows:
Article 1
General provision and scope of application
1 - In conformity with the Charter of the United Nations and of the rules of the international law of armed conflict applicable to them, High Contracting Parties agree to comply with the obligations specified in this Protocol, both individually and in co-operation with other High Contracting Parties, to minimise the risks and effects of explosive remnants of war in post-conflict situations.
2 - This Protocol shall apply to explosive remnants of war on the land territory including internal waters of High Contracting Parties.
3 - This Protocol shall apply to situations resulting from conflicts referred to in article 1, paragraphs 1 to 6, of the Convention, as amended on 21 December 2001.
4 - Articles 3, 4, 5 and 8 of this Protocol apply to explosive remnants of war other than existing explosive remnants of war as defined in article 2, paragraph 5, of this Protocol.
Article 2
Definitions for the purpose of this Protocol
For the purpose of this Protocol:
1) «Explosive ordnance» means conventional munitions containing explosives, with the exception of mines, booby traps and other devices as defined in Protocol II of this Convention as amended on 3 May 1996;
2) «Unexploded ordnance» means explosive ordnance that has been primed, fused, armed, or otherwise prepared for use and used in an armed conflict. It may have been fired, dropped, launched or projected and should have exploded but failed to do so;
3) «Abandoned explosive ordnance» means explosive ordnance that has not been used during an armed conflict, that has been left behind or dumped by a party to an armed conflict, and which is no longer under control of the party that left it behind or dumped it. Abandoned explosive ordnance may or may not have been primed, fused, armed or otherwise prepared for use;
4) «Explosive remnants of war» means unexploded ordnance and abandoned explosive ordnance;
5) «Existing explosive remnants of war» means unexploded ordnance and abandoned explosive ordnance that existed prior to the entry into force of this Protocol for the High Contracting Party on whose territory it exists.
Article 3
Clearance, removal or destruction of explosive remnants of war
1 - Each High Contracting Party and party to an armed conflict shall bear the responsibilities set out in this article with respect to all explosive remnants of war in territory under its control. In cases where a user of explosive ordnance which has become explosive remnants of war does not exercise control of the territory, the user shall, after the cessation of active hostilities, provide where feasible, inter alia technical, financial, material or human resources assistance, bilaterally or through a mutually agreed third party, including inter alia through the United Nations system or other relevant organisations, to facilitate the marking and clearance, removal or destruction of such explosive remnants of war.
2 - After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall mark and clear, remove or destroy explosive remnants of war in affected territories under its control. Areas affected by explosive remnants of war which are assessed pursuant to paragraph 3 of this article as posing a serious humanitarian risk shall be accorded priority status for clearance, removal or destruction.
3 - After the cessation of active hostilities and as soon as feasible, each High Contracting Party and party to an armed conflict shall take the following measures in affected territories under its control, to reduce the risks posed by explosive remnants of war:
a) Survey and assess the threat posed by explosive remnants of war;
b) Assess and prioritise needs and practicability in terms of marking and clearance, removal or destruction;
c) Mark and clear, remove or destroy explosive remnants of war;
d) Take steps to mobilise resources to carry out these activities.
4 - In conducting the above activities High Contracting Parties and parties to an armed conflict shall take into account international standards, including the International Mine Action Standards.
5 - High Contracting Parties shall co-operate, where appropriate, both among themselves and with other states, relevant regional and international organisations and non-governmental organisations on the provision of inter alia technical, financial, material and human resources assistance including, in appropriate circumstances, the undertaking of joint operations necessary to fulfil the provisions of this article.
Article 4
Recording, retaining and transmission of information
1 - High Contracting Parties and parties to an armed conflict shall to the maximum extent possible and as far as practicable record and retain information on the use of explosive ordnance or abandonment of explosive ordnance, to facilitate the rapid marking and clearance, removal or destruction of explosive remnants of war, risk education and the provision of relevant information to the party in control of the territory and to civilian populations in that territory.
2 - High Contracting Parties and parties to an armed conflict which have used or abandoned explosive ordnance which may have become explosive remnants of war shall, without delay after the cessation of active hostilities and as far as practicable, subject to these parties' legitimate security interests, make available such information to the party or parties in control of the affected area, bilaterally or through a mutually agreed third party including inter alia the United Nations or, upon request, to other relevant organisations which the party providing the information is satisfied are or will be undertaking risk education and the marking and clearance, removal or destruction of explosive remnants of war in the affected area.
3 - In recording, retaining and transmitting such information, the High Contracting Parties should have regard to part 1 of the technical annex.
Article 5
Other precautions for the protection of the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war
1 - High Contracting Parties and parties to an armed conflict shall take all feasible precautions in the territory under their control affected by explosive remnants of war to protect the civilian population, individual civilians and civilian objects from the risks and effects of explosive remnants of war. Feasible precautions are those precautions which are practicable or practicably possible, taking into account all circumstances ruling at the time, including humanitarian and military considerations. These precautions may include warnings, risk education to the civilian population, marking, fencing and monitoring of territory affected by explosive remnants of war, as set out in part 2 of the technical annex.
7896 Article 6
Provisions for the protection of humanitarian missions and organisations from the effects of explosive remnants of war
1 - Each High Contracting Party and party to an armed conflict shall:
a) Protect, as far as feasible, from the effects of explosive remnants of war, humanitarian missions and organisations that are or will be operating in the area under the control of the High Contracting Party or party to an armed conflict and with that party's consent;
b) Upon request by such a humanitarian mission or organisation, provide, as far as feasible, information on the location of all explosive remnants of war that it is aware of in territory where the requesting humanitarian mission or organisation will operate or is operating.
2 - The provisions of this article are without prejudice to existing International Humanitarian Law or other international instruments as applicable or decisions by the Security Council of the United Nations which provide for a higher level of protection.
Article 7
Assistance with respect to existing explosive remnants of war
1 - Each High Contracting Party has the right to seek and receive assistance, where appropriate, from other High Contracting Parties, from States non-party and relevant international organisations and institutions in dealing with the problems posed by existing explosive remnants of war.
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