Article 9 Update/Action Alert

Author/Origin: Mary Wareham, Human Rights Watch/Treaty Working Group Chair warehamSPAMFLTER@SPATMFLTERhrw.org

(Wednesday 06 June 2001 )

Update

Under Article 9 of the 1997 Mine Ban Treaty, States Parties are required to "take all appropriate legal, administrative and other measures, including imposition of penal sanctions, to prevent and suppress any activity prohibited" by the treaty. To date only twenty-seven of the 116 States Parties have passed domestic laws to implement the treaty (see the list at the end).

Some States Parties indicate that they do not believe an implementation law is required, for a variety of reasons. For example, some believe that because they have never possessed antipersonnel mines and are not mine-affected, no special action is necessary to fulfill the terms of the treaty. Others indicate the treaty is "self-enacting" under domestic law. However, the ICBL is concerned about the need for all states to pass legislation or other measures that would impose penal sanctions for any potential future violations of the treaty, and would provide for full implementation of all aspects of the treaty.

Take Action

If you are based in or in contact with one of the States Parties that has not yet taken national implementation measures, please check to see why they have not done so and encourage them to do this now. If they are having difficulty or require assistance, they can:

• Obtain the new "Information Kit on National Implementing Legislation" from the International Committee of the Red Cross (ICRC). Contact the ICBL resource Center, SPAMFLTER@SPATMFLTERicbl.org">resourceSPAMFLTER@SPATMFLTERicbl.org or Isabelle Daoust at SPAMFLTER@SPATMFLTERicrc.org">idaoust.GVASPAMFLTER@SPATMFLTERicrc.org or get the online version at http://www.icrc.org/icrceng.nsf/a003c144faecacb4c12567280035afac/fa077b4a883ae5d0c1256a550051049f The Kit is available in English, French & Spanish and is also being translated into Russian and Arabic.
  
• Request assistance from other States Parties such as Belgium, Co-Chair of the Standing Committee on General Status and Operation of the Convention
  
• Request assistance from the United Nations, email SPAMFLTER@SPATMFLTERun.org">mineactionSPAMFLTER@SPATMFLTERun.org

The list of States Parties that have enacted legislation to implement the Mine Ban Treaty follows. Legislation is reported to have been drafted but not yet law in Albania, Bosnia & Herzegovina, Brazil, Bulgaria, Chad, Croatia, Holy See, Iceland, Liechtenstein, the Netherlands, Slovakia, Slovenia and South Africa. A number of other States Parties indicate that the treaty has been incorporated into domestic law, or that existing law is adequate, and new, separate legislation is not necessary (including Denmark, Mexico, Namibia, Portugal and Yemen).

States Parties that have enacted legislation to implement the Mine Ban Treaty

(NB: If you have amendments or additions to the following list, please email SPAMFLTER@SPATMFLTERhrw.org">warehamSPAMFLTER@SPATMFLTERhrw.org)

1. Australia (1998)
2. Austria (1997)
3. Belgium (1995)
4. Cambodia (1999)
5. Canada (1997)
6. Czech Republic (1999)
7. France (1998)
8. Germany (1998)
9. Guatemala (1996)
10. Hungary (1998)
11. Ireland (1996)
12. Italy (1997)
13. Japan (1999)
14. Luxembourg (1999)
15. Malaysia (1999)
16. Mali (1998)
17. Monaco (1999)
18. New Zealand (1998)
19. Nicaragua (1999)
20. Norway (1998)
21. Senegal (1999)
22. Spain (1998)
23. Sweden (1998)
24. Switzerland (1996)
25. Trinidad & Tobago (1998)
26. United Kingdom (1998)
27. Zimbabwe (2001)