{
  "id": "zw-2000-17",
  "type": "statute",
  "title": "Anti-Personnel Mines (Prohibition) Act",
  "title_en": "Anti-Personnel Mines (Prohibition) Act",
  "short_name": "zw-2000-17",
  "status": "in_force",
  "issued_date": "2000-01-01",
  "in_force_date": "2000-01-01",
  "url": "https://zimlii.org/akn/zw/act/2000/17/eng@2016-12-31",
  "provisions": [
    {
      "provision_ref": "s1",
      "section": "1",
      "title": "Short title",
      "content": "1. Short title This Act may be cited as the Anti-Personnel Mines (Prohibition) Act [Chapter 11:19] ."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation (1) In this Act- “ anti-handling device ” means a device intended to protect a mine that is part of, linked to, attached to or placed under the mine , and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine ; “ anti-personnel mine ” means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons; [definition of “anti-personnel mine” amended by section 18 of Act 14 of 2002 ] “ Convention ” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, signed at Oslo, Norway, on the 18th September, 1997, the text of which is set out in the Schedule; “ Government representative ” means- (a) a person appointed by the Secretary of the Ministry for which the Minister is responsible; or (b) a police officer designated by the Commissioner of Police; who accompanies or assists a member of a fact-finding mission in carrying out his duties; “ member of a fact-finding mission ” means a member of a fact-finding mission established under Article 8 of the Convention ; “ mine ” means an explosive device designed, altered or intended 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; “ Minister ” means the Minister of Defence or any other Minister to whom the President may, from time to time, assign the administration of this Act; “ transfer ”, in relation to an anti-personnel mine , includes- (a) moving the mine into or out of Zimbabwe; and (b) transferring ownership or title to or over the mine ; but does not include transferring ownership or title of land in which a mine has been planted or emplaced. (2) Any expression to which a meaning has been assigned in the Convention shall bear the same meaning in this Act."
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Application of Act to State",
      "content": "3. Application of Act to State This Act shall bind the State."
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "Convention to have force of law in Zimbabwe",
      "content": "4. Convention to have force of law in Zimbabwe The Convention shall have the force of law in Zimbabwe."
    },
    {
      "provision_ref": "s5",
      "section": "5",
      "title": "Anti-personnel mines",
      "content": "5. Anti-personnel mines (1) Subject to subsection (2), any person who- (a) develops, manufactures, produces, acquires or possesses an anti-personnel mine ; or (b) transfers, directly or indirectly, an anti-personnel mine to another person; or (c) places an anti-personnel mine under, on or near the ground or other surface area- (i) intending to cause the mine to explode by the presence, proximity or contact of a person; or (ii) in circumstances in which there is a reasonable possibility that the mine will explode by the presence, proximity or contact of a person; or (d) in any way, assists, encourages or induces another person to engage in any activity prohibited to a State party to the Convention ; shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for a period not exceeding ten years or to both such fine and such imprisonment. [subsection (1) amended by section 4 of Act No. 22 of 2001 ] (2) It shall be a defence to a charge of contravening paragraph (a), (b) or (c) of subsection (1) for the person charged to prove that- (a) he acted in accordance with an authority under section seven, for the purpose of developing techniques in mine detection, mine clearance or mine destruction or for the purpose of training persons in those techniques; or (b) he acted in the course of that person’s duties as a member of the Defence Forces or the Police Force or as an employee or agent of the State, and for the purpose of- (i) rendering the anti-personnel mine concerned harmless; or (ii) any proceedings in terms of this Act or any other law; or (c) the anti-personnel mine concerned had been deactivated in the manner prescribed. (3) It shall be a defence to a charge of contravening paragraph (d) of subsection (1) for the person charged to prove that- (a) he acted in the course of operations, exercises or other military activities with the armed forces of a State that is not a party to the Convention ; and (b) his conduct did not amount to active participation in any conduct referred to in paragraph (a), (b) or (c) of subsection (1)."
    },
    {
      "provision_ref": "s6",
      "section": "6",
      "title": "Destruction of anti-personnel mines",
      "content": "6. Destruction of anti-personnel mines (1) Every person who possesses an anti-personnel mine the possession of which is prohibited by section five shall without delay deliver it, for destruction, to such person as may be ordered by the Minister . (2) Subject to section seven, the Minister shall ensure the destruction of all anti-personnel mines stockpiled by the Government or delivered under subsection (1) for destruction."
    },
    {
      "provision_ref": "s7",
      "section": "7",
      "title": "Authorisation by Minister",
      "content": "7. Authorisation by Minister The Minister may authorise anti-personnel mines to be placed, acquired, possessed or transferred by any person for the development of, and training in, mine detection, mine clearance or mine destruction techniques, but the number of such mines shall not exceed the minimum number absolutely necessary for those purposes."
    },
    {
      "provision_ref": "s8",
      "section": "8",
      "title": "Request for information",
      "content": "8. Request for information (1) Any person who possesses information or documents relevant to the administration or enforcement of this Act, or information that Zimbabwe is required by the Convention to report to the Secretary-General of the United Nations, shall provide such information or document to the Minister , within a reasonable time after being requested to provide it. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and imprisonment. [subsection (2) amended by section 4 of Act No. 22 of 2001 ]"
    },
    {
      "provision_ref": "s9",
      "section": "9",
      "title": "Inspections",
      "content": "9. Inspections (1) Subject to this section, a member of a fact-finding mission shall, for purposes of enforcing the Convention , have power at all reasonable times to enter and inspect any place in Zimbabwe that has or may have the capacity to develop, produce or stockpile anti-personnel mines in a manner consistent with the Convention . (2) Subsection (1) shall not be construed as authorising a member of a fact-finding mission or any other person to enter or search any premises without the consent of the owner or occupier of the premises unless there are reasonable grounds for believing that such entry or search is necessary for the prevention, investigation or detection of an offence under this Act. (3) In order to facilitate inspections, a member of a fact-finding mission may be accompanied by a Government representative and may direct any person who is in control of the place being inspected to- (a) provide the member with access to any area, container or thing in the place; and (b) permit the member to examine anything in the place; and (c) permit the member to make copies of any information contained in the records, files, papers or electronic information systems kept or used in relation to the place and to remove the copies from the place; and (d) permit the member to interview any person in the place; and (e) permit the member to take samples for analysis of anything in the place and permit the member to remove the samples for analysis outside the place. (4) The Minister shall cause every member of a fact-finding mission and every Government representative and other person authorised to accompany the member, to be issued with a certificate, badge or other form of identity identifying the member, representative or person by name and indicating his status and authority to conduct inspections. (5) Every member of a fact-finding mission and every Government representative and other person authorised to accompany the member shall, whilst on duty, carry the certificate, badge or other form of identity, as the case may be, issued to them in terms of subsection (4) and shall produce it upon the request of any owner or occupier of the place being inspected. (6) The Minister may, by notice in writing, issue directions to any person for the purpose of facilitating an inspection under the Convention . (7) Any person who without reasonable cause- (a) delays or obstructs a member of a fact-finding mission in the exercise of the member’s functions under this Act; or (b) fails without reasonable excuse to give information which he is duly required under this section to give; or (c) fails to comply with any direction given to him in terms of subsection (6); shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and imprisonment. [subsection (7) amended by section 4 of Act No. 22 of 2001 ]"
    },
    {
      "provision_ref": "s10",
      "section": "10",
      "title": "Regulations",
      "content": "10. Regulations (1) The Minister may by regulation provide for all matters which by this Act are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be provided for in order to carry out or give effect to this Act and the Convention . (2) Regulations in terms of subsection (1) may provide for- (a) conditions under which anti-personnel mines may be produced, used, acquired or possessed for the purposes set out in section seven; (b) procedures to be followed by Government representatives in exercising their functions under this Act. (3) Regulations in terms of subsection (1) may provide penalties for any contravention thereof, but no such penalty shall exceed level six or imprisonment for a period of one year or both such fine and such imprisonment. [subsection (3) amended by section 4 of Act No. 22 of 2001 ] Schedule (Section 2) Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction, signed at Oslo, Norway, on the 18th September, 1997 Preamble The States Parties, 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 their utmost to contribute in an efficient and co-ordinated manner to face the challenge of removing anti-personnel mines placed throughout the world, and to assure their destruction, Wishing to do their utmost in providing assistance for the care and rehabilitation, including the social and economic reintegration of mine victims, Recognising that a total ban of anti-personnel mines would also be an important confidence-building measure, Welcoming the adoption of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May 1996, annexed 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, and calling for the early ratification of this Protocol by all States which have not yet done so, Welcoming also United Nations General Assembly Resolution 51/45S 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, Welcoming furthermore the measures taken over the past years, both unilaterally and multilaterally, aiming at prohibiting, restricting or suspending the use, stockpiling, production and transfer of anti-personnel mines, Stressing the role of public conscience in furthering the principles of humanity as evidenced by the call for a total ban of anti-personnel mines and recognising 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 an international and legally binding agreement prohibiting the use, stockpiling, production and transfer of anti-personnel mines, Emphasising the desirability of attracting the adherence of all States to this Convention, and determined to work strenuously towards the promotion of its universalisation in all relevant fora 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 themselves 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, Have agreed as follows: Article 1 – General obligations 1. Each State Party undertakes never under any circumstances: (a) to use anti-personnel mines; (b) to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines; (c) to assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party under this Convention. 2. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in accordance with the provisions of this Convention. Article 2 – Definitions 1. “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. Mines designed to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, that are equipped with anti-handling devices, are not considered anti-personnel mines as a result of being so equipped. 2. “Mine” means 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. 3. “Anti-handling device” means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine. 4. “Transfer” involves, in addition to the physical movement of anti-personnel mines into or from national territory, the transfer of title to and control over the mines, but does not involve the transfer of territory containing emplaced anti-personnel mines. 5. “Mined area” means an area which is dangerous due to the presence or suspected presence of mines. Article 3 – Exceptions 1. Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes. 2. The transfer of anti-personnel mines for the purpose of destruction is permitted. Article 4 – Destruction of stockpiled anti-personnel mines Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party. Article 5 – Destruction of anti-personnel mines in mined areas 1. Each State Party undertakes to destroy or ensure the destruction of all anti-personnel mines in mined areas under its jurisdiction or control, as soon as possible but not later than ten years after the entry into force of this Convention for that State Party. 2. Each State Party shall make every effort to identify all areas under its jurisdiction or control in which anti-personnel mines are known or suspected to be emplaced and shall ensure as soon as possible that all anti-personnel mines in mined areas under its jurisdiction or control are perimeter-marked, monitored and protected by fencing or other means, to ensure the effective exclusion of civilians, until all anti-personnel mines contained therein have been destroyed. The marking shall at least be to the standards set out in the Protocol on Prohibitions or Restrictions on "
    }
  ],
  "definitions": [
    {
      "term": "anti-handling device",
      "definition": "anti-handling device ” means a device intended to protect a mine that is part of, linked to, attached to or placed under the mine , and that activates when an attempt is made to tamper with or otherwise intentionally disturb the mine",
      "source_provision": "s2"
    },
    {
      "term": "anti-personnel mine",
      "definition": "anti-personnel mine ” means a mine that is designed, altered or intended to be exploded by the presence, proximity or contact of a person and that is capable of incapacitating, injuring or killing one or more persons",
      "source_provision": "s2"
    },
    {
      "term": "Convention",
      "definition": "Convention ” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, signed at Oslo, Norway, on the 18th September, 1997, the text of which is set out in the Schedule",
      "source_provision": "s2"
    },
    {
      "term": "member of a fact-finding mission",
      "definition": "member of a fact-finding mission ” means a member of a fact-finding mission established under Article 8 of the Convention",
      "source_provision": "s2"
    },
    {
      "term": "mine",
      "definition": "mine ” means an explosive device designed, altered or intended 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",
      "source_provision": "s2"
    },
    {
      "term": "Minister",
      "definition": "Minister ” means the Minister of Defence or any other Minister to whom the President may, from time to time, assign the administration of this Act",
      "source_provision": "s2"
    },
    {
      "term": "Government representative",
      "definition": "Government representative ” means- (a) a person appointed by the Secretary of the Ministry for which the Minister is responsible; or (b) a police officer designated by the Commissioner of Police; who accompanies or assists a member of a fact-finding mission in carrying out his duties",
      "source_provision": "s2"
    },
    {
      "term": "transfer",
      "definition": "transfer ”, in relation to an anti-personnel mine , includes- (a) moving the mine into or out of Zimbabwe; and (b) transferring ownership or title to or over the mine ; but does not include transferring ownership or title of land in which a mine has been planted or emplaced. (2) Any expression to which a meaning has been assigned in the Convention shall bear the same meaning in this Act",
      "source_provision": "s2"
    }
  ]
}