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19Apr05 - YEM


Law No. 25 for the year 2005
Regarding the Prohibition of Producing, Possessing, Using, Transferring and Trading with Anti-Personnel Mines

- Yemen -


Law (#25) for the year 2005

Regarding the Prohibition of Producing, Possessing, Using, Transferring and Trading with Anti-Personnel Mines

In the name of people,

The President of the Republic,

After reviewing the Constitution of the Republic of Yemen, and after the Parliament's ratification, We have issued the following law:

Chapter One:

Definitions

Article 1: This law is called "Law on Prohibition of Producing, Possessing, Using, Transferring and Trading with Anti-Personnel Mines"

Article 2: For applying the rules of this law, the terms hereunder will have the following definitions unless the context required another definition:

The Republic: The Republic of Yemen

The Convention: the Ottawa Convention that was ratified by Yemen with the Law#7 for the year 1998.

Person: Natural or Artificial Person

Mine: a munition designed to be 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.

Anti-personnel mine: means a mine designed to be exploded by the presence, proximity or contact of a person and that will incapacitate, injure or kill one or more persons.

Mined area: means an area which is dangerous due to the presence or suspected presence of mines.

Transfer: involves, in addition to the physical movement of anti-personnel mines into or from the Republic, the transfer of title to and control over the mines.

Chapter Two:

Prohibition of Producing, Possessing, Using, Transfering and Trading with Anti-Personnel Mines

Article 3: It is prohibited to:

1. Emplace or possess the anti-personnel mines

2. Produce and design the anti-personnel mines

3. Import or export anti-personnel mines

4. Trade or transfer the anti-personnel mines

5. Stockpiling or presenting the anti-personnel mines

Article 4: It is prohibited to trade with/ transfer the mines for the purpose of assisting in Empiaceing them in the Republic's territory or in any other state party in the Convention.

Article 5: It is prohibited to trade with/transfer the mines through the Republic to another state.

Article 6: Anyone who possesses or produces anti-personnel mines should deliver them, within two months from the date of applying the law, to the related authorities for destruction.

Chapter

Three Penalties

Article 7: With no contravention with any stronger penalty in the other applicable laws:

1. Anyone who violates the rules of the 1, 2 and,3 points of article 3, shall be imprisoned for minimum 3 years.

2. Anyone who violates the rules of the 4 and 5 points of article 3, shall be imprisoned for minimum 2 years.

Article 8: Anyone who violates the rules of the article 4 and 5, shall be imprisoned for minimum 1 year.

Chapter Four

General Rules

Article 9: Any context or rule that violates or contradicts with law shall be cancelled.

Article 10: This law is applicable from date of its issuance and shall be published in the Official Journal.

Issued at: the Republic's Presidency
Issued on: 10.03.1426 (hijri)
19.04.2005

AH Abdullah Saleh
The President of the Republic

[Source: Official Journal, 8th Issue, 30 April 2005. By way of: International Committee of the Red Cross. Translation into English prepared by ICRC Delegation in Sana'a].

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This document has been published on 27Feb18 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.