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{
    "id": 541853,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/541853/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Hon. Washiali",
    "speaker_title": "",
    "speaker": {
        "id": 151,
        "legal_name": "Benjamin Jomo Washiali",
        "slug": "benjamin-washiali"
    },
    "content": "The Bill seeks to implement the OTAWA Convention which Kenya negotiated and signed on 5th December, 1997. Following the ratification of the Convention by Kenya on 23rd January, 2001, the Convention entered into force on 1st July, 2001. Kenya has been an active member of the international core group which was established in June, 1998 to develop and coordinate the landmine monitoring system. During the fourth meeting of the State parties held in September 2002 in Geneva, Switzerland, Kenya reinstated her full commitment to the fulfilling obligation as a State party to the Convention. This was reinstated in Article 7 which stipulated that implementation measures will follow in form of legislation and hence the proposed Prohibition of Anti- Personnel Mines Bill, 2013. The adoption of comprehensive legislation will help to facilitate reduction in the use of mines, reduce the long term impact of past conflicts and, perhaps, most importantly, save the lives and limbs of the people living in the affected areas. This Bill has been drafted along the lines of modern legislation as proposed by the International Community of Red Cross through the advisory service on International Humanitarian Law. The convention on the prohibition of the use, stock-piling, production and transfer of anti-personnel mines and their destruction provides a comprehensive framework for ending the suffering caused by anti-personnel mines. States that are parties to the Convention have undertaken to cease production and acquisition of the mines, weapons and to dispose of existing stock piles. Ancillary undertakings include periodic reporting to the Secretary-General of the United Nations on implementation of the Convention and allowing fact-finding missions to visit the affected countries. Most of the obligations undertaken by the parties to the Convention do not require a legislative basis. Article 9 of the Convention, however, requires a party to the Convention to impose penal sanctions to suppress activities prohibited under the Convention. The object of this Bill is to impose the required sanctions. In such circumstances, such exemptions are consistent with the terms of the Convention. The overall object of this Bill is to impose the required sanctions in such circumstances and such exceptions as consistent with the terms of the Convention. Part 1 defines the expressions used in the Bill and, in particular, the Anti- Personnel Mines and prohibited objects. The definitions reflect those contained in Article 2 of the Convention. Clause 3 provides for the implementation of the OTAWA Convention. The Convention is set out in the Schedule to the Bill. Part 2 prohibits certain conduct in relation to the land mines and their components subject to prescribed exceptions use, development and production. Anti-personnel mines are prohibited. Acquiring, transferring or possessing anti-personnel mines or a component or such mines is also prohibited, except for the purposes of certain military operations, training exercises or in other circumstances permitted under Article 3 of the Convention. Part 3 provides for the allocation and safe use of personnel mines and component parts. Warnings should be issued and other notices and for the removal and destruction of mines and components by persons authorized by the Cabinet Secretary (CS). Provision is also made for the issue of warrants and authorizations to such premises where necessary. The part provides also for the High Court to order the CS to compensate a person who has sustained a loss as a result of the destruction or a person who did not receive a notice of destruction. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}