[on the report of the First Committee (A/51/566/Add.11)]
79th plenary meeting
10 December 1996
S. An international agreement to ban
anti-personnel landmines
The General Assembly,
Recalling with satisfaction its resolutions
48/75 K of 16 December 1993, 49/75 D of 15 December 1994 and 50/70 O of
12 December 1995, in which it, inter alia, urged States to implement moratoriumson
the export of anti-personnel landmines,
Also recalling with satisfaction its resolutions
49/75 D and 50/70 O, in which it, inter alia, established as a goal of
the international community the eventual elimination of anti-personnel
landmines,
Noting that, according to the 1995 report
of the Secretary-General entitled "Assistance in mine clearance", 51/ it
is estimated that there are one hundred and ten million landmines in the
ground in more than sixty countries throughout the world,
Noting also that, according to the same
report, the global landmine crisis continues to worsen as an estimated
two million new landmines are laid each year, while only an estimated one
hundred and fifty thousand were cleared in 1995,
Expressing deep concern that anti-personnel
landmines kill or maim hundreds of people every week, mostly innocent and
defenselesscivilians and especially children, obstruct economic development
andreconstruction, inhibit the repatriationof refugees and the return of
internally displaced persons, and have other severe consequences for years
after emplacement,
Gravely concerned about the suffering and
casualties caused to non-combatants as a result of the proliferation, as
well as the indiscriminate and irresponsible use, of anti-personnel landmines,
Recalling with satisfaction its resolutions
48/7 of 19 October 1993, 49/215 A of 23 December 1994 and 50/82 of 14 December
1995 calling for assistance in mine clearance,
Welcoming the recent decisions taken at
the Review Conference ofthe States Parties 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, particularly
with respect to the amended Protocol II 13/to the Convention, and believing
that the amended Protocol is an essential part of the global effort to
address problems caused by the proliferation, as well as the indiscriminate
and irresponsible use, of anti-personnel landmines,
Welcoming also the adoption of the declaration
entitled "Towards a Global Ban on Anti-Personnel Mines" by participants
at the Ottawa International Strategy Conference on 5 October 1996, 52/
including its call for the earliest possible conclusion of a legally binding
international agreement to ban anti-personnel landmines, and further welcoming
the follow-on conference at Brussels in June 1997,
Welcoming further the recent decisions
taken by States to adopt various bans, moratoriums or other restrictions
on the use, stockpiling, production and transfer of anti-personnel landmines,
and other measures taken unilaterally as well as multilaterally,
Recognizing the need to conclude an international
agreement to ban all anti-personnel landmines as soon as possible,
1. Urges States to pursue vigorously an
effective, legally binding international agreement to ban the use, stockpiling,
production and transfer of anti-personnel landmines with a view to completing
the negotiation as soon as possible;
2. Urges States that have not yet done
so to accede 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 14/and Protocol II as amended on 3 May
1996, 13/ and urges all States immediately to comply to the fullest extent
possible with the applicable rules of Protocol II as amended;
3. Welcomes the various bans, moratoriums
or other restrictions already declared by States on anti-personnel landmines;
4. Calls upon States that have not yet
done so to declare and implement such bans, moratoriums or other restrictions
- particularly on operational use and transfer - at the earliest possible
date;
5. Requests the Secretary-General to prepare
a report on steps taken to complete an international agreement banning
the use, stockpiling, production and transfer of anti-personnel landmines,
and on other steps taken by Member States to implement such bans, moratoriums
or other restrictions and to submit it to the General Assembly at its fifty-second
session under the item entitled "General and complete disarmament";
6. Requests Member States to provide the
requested information for the report of the Secretary-General on steps
taken to complete an international agreement banning the use, stockpiling,
production and transfer of anti-personnel landmines, and on other steps
taken to implement bans, moratoriums or other restrictions on anti-personnel
landmines and to submit such information to the Secretary-General by 15
April 1997.
A. Convention on the Prohibition of
the Use, Stockpiling, Production
and Transfer of Anti-personnel Mines
and on Their Destruction
The General Assembly,
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 the utmost
to contribute in an efficient and coordinated manner to facing the challenge
of removing anti-personnel mines placed throughout the world, and to assure
their destruction,
Wishing to do the utmost in assuring assistance
for the care and rehabilitation, including the social and economic reintegration,
of mine victims,
Recalling its 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 with a view to completing the negotiation as
soon as possible,
Stressing the role of public conscience
in furthering the principles of humanity as evidenced by the call for a
total ban on 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,
Recalling the Ottawa Declaration of 5 October
1996 and the Brussels Declaration of 27 June 1997 urging the international
community to negotiate aninternational and legally binding agreement prohibiting
the use, stockpiling, production and transfer of anti-personnel mines,
Emphasizing the desirability of attracting
the adherence of all States to the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on
Their Destruction, and determined to work strenuously towards the promotion
of its universalization in all relevant forums 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,
Basing itself 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,
Welcoming the conclusion of negotiations
on 18 September 1997 at Oslo, Norway, on the Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines
and on Their Destruction,
1. Invites all States to sign the Convention,
which will be opened for signature at Ottawa, Canada, on 3 and 4 December
1997, and thereafter at United Nations Headquarters in New York from 5
December 1997 until its entry into force;
2. Urges all States to ratify the Convention
without delay subsequent to their signatures;
3. Calls upon all States to contribute
towards the full realization and effective implementation of the Convention
to advance the care and rehabilitation, and the social and economic reintegration
of mine victims, and mine-awareness programmes, and the removal of anti-personnel
mines placed throughout the world and the assurance of their destruction;
4. Requests the Secretary-General of the
United Nations to render the necessary assistance and to provide such services
as may be necessary to fulfil the tasks entrusted to him by the Convention;
5. Decides to include in the provisional
agenda of its fifty-third session an item entitled "Convention on the Prohibition
of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines
and on Their Destruction".
N. Convention on the Prohibition of
the Use, Stockpiling, Production and
Transfer of Anti-personnel Mines and
on Their Destruction
The General Assembly,
Recalling its resolution 52/38 A of 9 December
1997,
Reaffirming its determination to put an
end to the suffering and casualties caused by anti-personnel mines, which
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 the utmost
to contribute in an efficient and coordinated manner to facing the challenge
of removing anti-personnel mines placed throughout the world, and to assure
their destruction,
Wishing to do the utmost in assuring assistance
for the care and rehabilitation, including the social and economic reintegration,
of mine victims,
Recalling the conclusion of negotiations
on 18 September 1997 at Oslo on the Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on
Their Destruction 40/ and the opening for signature ofthe Convention at
Ottawa, on 3 and 4 December 1997, and thereafter at Headquarters in New
York until its entry into force,
Welcoming the addition of new States signatories
to the Convention since its opening for signature, the rapid ratification
by many signatories and the early achievement of the fortieth ratification
of the Convention on 16 September 1998, which, according to the provisions
of article 17 of the Convention, will result in the entry into force of
the Convention on 1 March 1999,
Emphasizing the desirability of attracting
the adherence of all States to the Convention, and determined to work strenuously
towards the promotion of its universalization,
1. Invites all States that have not yet
done so to sign or, after entry into force, to accede to the Convention
on the Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-personnel Mines and on Their Destruction; 40/
2. Urges all States that have not yet done
so to ratify the Convention without delay subsequent to their signature;
3. Renews its call upon all States to contribute
towards the full realization and effective implementation of the Convention
to advance the care and rehabilitation, and the social and economic reintegration
of mine victims, and mine awareness programmes, and the removal of anti-personnel
mines placed throughout the world and the assurance of their destruction;
4. Welcomes the generous offer by the Government
of Mozambique to act as host for the First Meeting of the States Parties;
5. Requests the Secretary-General, in accordance
with article 11, paragraph 2, of the Convention, to undertake the preparations
necessary to convene the First Meeting of the States Parties, to take place
in Maputo during the week of 3 May 1999;
6. Invites all States parties to the First
Meeting of the States Parties and, in accordance with article 11, paragraph
4, of the Convention, States not parties to the 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 to attend the Meeting as observers
in accordance with the agreed rules of procedure.
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