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21May10 - KIR

Red Cross Society (Amendment) Act 2010

REPUBLIC OF KIRIBATI
(No. 3 of 2010)

I assent,
Anote Tong
Beretitenti
21 May, 2010

AN ACT TO AMEND THE KIRIBATI RED CROSS SOCIETY ACT 1989

Commencement:
2010

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti

1. Short title

This Act may be cited as the Kiribati Red Cross Society (Amendment) Act 2010.

2. Meaning of 'principal Act'

In this Act 'principal Act' means the Kiribati Red Cross Society Act 1989.

3. Amendment of section 2

Section 2 of the principal Act is amended by repealing tbe definition of 'Scheduled Conventions' and substituting the following definition-

    "'Scheduled Conventions and Protocols' means the four Geneva Conventions and their three Additional Protocols specified in the Schedule to this Act;".

4. Amendment of section 6(2)

Section 6(2) of the principal Act is amended by repealing the words "Scheduled Conventions" and substituting the words "Scheduled Conventions and Protocols".

5. Amendment of section 7

Section 7 of the principal Act is amended by repealing the words "Scheduled Conventions" wherever they occur and substituting the words "Scheduled Conventions and Protocols".

6. Repeal of sections 9 and 10

Sections 9 and 10 of the principal Act are repealed.

7. Replacement of Schedule

The Schedule to the principal Act is repealed and the following Schedule is substituted–

    "SCHEDULE

    1. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick of Armed Forces in the Field, adopted at Geneva on 12 August 1949;

    2. Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949;

    3. Geneva Convention relative to the Treatment of Prisoners, adopted at Geneva on 12 August 1949;

    4. Geneva Convention relative to the Protection of Civilian Persons in time of War, adopted at Geneva on 12 August 1949;

    5. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts, done at Geneva on 8 June 1977;

    6. Protocol Additional to the Geneva Conventions of12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, done at Geneva on 8 June 1 977

    7. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem, done at Geneva on 8 December 2005.".

KIRIBATI RED CROSS SOCIETY (AMENDMENT) ACT 2010

EXPLANATORY MEMORANDUM

This Act amends the Kiribati Red Cross Society Act 1989 to incorporate references to the three Additional Protocols to the Geneva Conventions. While the Additional Protocols will be given the force of law through amendments to the Geneva Conventions Act 1993, this companion Act makes provision for inclusion of the matters covered by the Additional Protocols in the work of the Kiribati Red Cross Society.

Section 3 replaces the definition of 'Scheduled Conventions' with one for 'Scheduled Conventions and Protocols'. Sections 4 and 5 amend sections 6(2) and 7 of the principal Act respectively, to add references to the Additional Protocols.

Section 6 repeals sections 9 and 10 of the principal Act, which dealt with the misuse of the emblems of the International Red Cross and Red Crescent Movement. These matters are now covered exhaustively by the Geneva Conventions Act 1993.

Section 7 replaces the original Schedule to the principal Act. The new Schedule retains the references to the four Geneva Conventions, but adds references to the three Additional Protocols.

Titabu Tabane
Attorney General
July 2009

[Source: National Implementation of IHL, International Committee of the Red Cross]

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