H.R.2706 - Landmine Moratorium Extension Act of 1993103rd Congress (1993-1994)
|Sponsor:||Rep. Evans, Lane [D-IL-17] (Introduced 07/22/1993)|
|Committees:||House - Foreign Affairs|
|Latest Action:||House - 08/03/1993 Referred to the Subcommittee on International Security, International Organizations and Human Rights. (All Actions)|
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Text: H.R.2706 — 103rd Congress (1993-1994)All Information (Except Text)
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Introduced in House (07/22/1993)
[Congressional Bills 103th Congress] [From the U.S. Government Printing Office] [H.R. 2706 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 2706 To extend for 3 years the moratorium on the sale, export, or other transfer abroad of anti-personnel landmines, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 22, 1993 Mr. Evans (for himself, Mr. Kopetski, Mr. Penny, Mr. Frank of Massachusetts, Mr. Vento, Mr. Waxman, Mr. Lipinski, Mr. Deutsch, Ms. Pelosi, Mr. DeFazio, Mrs. Unsoeld, Mr. Bonior, Mrs. Morella, Mr. Towns, Mr. Hochbrueckner, Mr. Stark, Mr. Serrano, Mr. Dellums, Mr. Andrews of Maine, Mr. Miller of California, Mr. Moakley, Mr. Engel, Mr. Owens, Mr. Payne of New Jersey, Mr. Schiff, Mr. Durbin, Mrs. Schroeder, Mr. Filner, Mr. Hinchey, Mr. Faleomavaega, Mr. Barrett of Wisconsin, Ms. Furse, and Mr. Visclosky) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To extend for 3 years the moratorium on the sale, export, or other transfer abroad of anti-personnel landmines, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Landmine Moratorium Extension Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Anti-personnel landmines, which are designed to maim and kill people, have been used indiscriminately in dramatically increasing numbers around the world. Hundreds of thousands of noncombatant civilians, including children, have been the primary victims. Unlike other military weapons, landmines often remain implanted and undiscovered after conflict has ended, causing massive suffering to civilian populations. (2) Tens of millions of landmines have been strewn in at least 62 countries, often making whole areas uninhabitable. The Department of State estimates there are more than 10,000,000 landmines in Afghanistan, 9,000,000 in Angola, 4,000,000 in Cambodia, 3,000,000 in Iraqi Kurdistan, and 2,000,000 each in Somalia, Mozambique, and the former Yugoslavia. Hundreds of thousands of landmines were used in conflicts in Central America in the 1980's. (3) Advanced technologies are being used to manufacture sophisticated mines which can be scattered remotely at a rate of 1,000 per hour. These mines, which are being produced by many industrialized countries, were discovered in Iraqi arsenals after the Persian Gulf conflict. (4) At least 300 types of anti-personnel landmines have been manufactured by at least 44 countries, including the United States. However, the United States is not a major exporter of landmines. During the past 10 years the Executive branch has approved 10 licenses for the commercial export of anti-personnel landmines with a total value of $980,000 and has approved the sale under the Foreign Military Sales program of 109,129 anti-personnel landmines. (5) The United States signed, but has not ratified, the 1980 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 (hereinafter in this Act referred to as the ``1980 Convention''). Protocol II of the 1980 Convention (commonly referred to as the ``Landmine Protocol'') prohibits the indiscriminate use of landmines. (6) When it signed the 1980 Convention, the United States stated: ``We believe that the Convention represents a positive step forward in efforts to minimize injury or damage to the civilian population in time of armed conflict. Our signature of the Convention reflects the general willingness of the United States to adopt practical and reasonable provisions concerning the conduct of military operations, for the purpose of protecting noncombatants.''. (7) The United States also indicated that it had supported procedures to enforce compliance, which were omitted from the 1980 Convention's final draft. The United States stated: ``The United States strongly supported proposals by other countries during the Conference to include special procedures for dealing with compliance matters, and reserves the right to propose at a later date additional procedures and remedies, should this prove necessary, to deal with such problems.''. (8) The lack of compliance procedures and other weaknesses have significantly undermined the effectiveness of the Landmine Protocol. Since it entered into force on December 2, 1983, the number of civilians maimed and killed by anti-personnel landmines has multiplied. (9) A 1-year moratorium on United States sales, transfers, and exports of anti-personnel landmines has been in effect since October 23, 1992, when section 1365 of the National Defense Authorization Act for Fiscal Year 1993 was signed into law. Since that date, the European Parliament has issued a resolution calling for a 5-year moratorium on sales, transfers, and exports of anti-personnel landmines and the Government of France has announced that it has ceased all sales, transfers, and exports of anti-personnel landmines. (10) On December 2, 1993, 10 years will have elapsed since the 1980 Convention entered into force, triggering the right of any party to request a United Nations conference to review the 1980 Convention. Amendments to the Landmine Protocol may be considered at that time. The Government of France has made a formal request to the United Nations Secretary General for a review conference. With necessary preparations and consultations among governments, a review conference is not expected to be convened before late 1994 or early 1995. (11) The United States should continue to set an example for other countries in such negotiations by extending its moratorium on sales, transfers, and exports of anti-personnel landmines for an additional 3 years. A moratorium of this duration would extend the current prohibition on the sale, transfer, and export of anti-personnel landmines a sufficient time to take into account the results of a United Nations review conference. SEC. 3. POLICY. (a) In General.--It shall be the policy of the United States to seek verifiable international agreements-- (1) prohibiting the sale, transfer, or export of anti- personnel landmines; and (2) further limiting and eventually terminating the manufacture, possession, and use of anti-personnel landmines. (b) Ratification of 1980 Convention.--It is the sense of the Congress that the President should submit the 1980 Convention to the Senate for its advice and consent to ratification. (c) Actions Under United Nations Auspices.--Furthermore, it is the sense of the Congress that the United States-- (1) should participate in a United Nations conference to review the Landmine Protocol; and (2) should actively seek to negotiate under United Nations auspices a modification of the Landmine Protocol, or another international agreement, to prohibit the sale, transfer, or export of anti-personnel landmines and to further limit their manufacture, possession, and use. SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL LANDMINES ABROAD. For a period of 3 years beginning on the date of enactment of this Act-- (1) no sale may be made or financed, no transfer may be made, and no license for export may be issued under the Arms Export Control Act with respect to any anti-personnel landmine; and (2) no assistance may be provided under the Foreign Assistance Act of 1961 with respect to the provision of any anti-personnel landmine. SEC. 5. DEFINITION. For purposes of this Act, the term ``anti-personnel landmine'' means-- (1) any munition which is placed under, on, or near the ground or other surface area or is delivered by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, proximity, or contact of a person; (2) any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; and (3) any manually-emplaced munition or device which is designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. <all>