REFLEKSI: Mengapa MUI diam tentang terorisme.
CONVENTION
OF THE ORGANISATION OF THE ISLAMIC CONFERENCE
ON COMBATING INTERNATIONAL TERRORISM
The Member States of the Organization of the Islamic Conference,
Pursuant to the tenets of the tolerant Islamic Sharia which reject all forms of
violence and terrorism, and in particular specially those based on extremism
and call for protection of human rights, which provisions are paralleled by the
principles and rules of international law founded on cooperation between
peoples for the establishment of peace;
Abiding by the lofty, moral and religious principles particularly the
provisions of the Islamic Sharia as well as the human heritage of the Islamic
Ummah.
Adhering to the Charter of the Organization of the Islamic Conference, its
objectives and principles aimed at creating an appropriate atmosphere to
strengthen cooperation and understanding among Islamic States as well as
relevant OIC resolutions;
Adhering to the principles of International Law and the United Nations Charter
as well as all relevant UN resolutions on procedures aimed at eliminating
international terrorism, and all other conventions and international
instruments to which states acceding to this Convention are parties and which
call, inter alia, for the observance of the sovereignty, stability,
territorial, integrity, political independence and security of states, and
non-intervention in their international affairs;
Proceeding from the rules of the Code of Conduct of the Organization of Islamic
Conference for Combating International Terrorism;
Desiring to promote cooperation among them for combating terrorist crimes that
threaten the security and stability of the Islamic States and endanger their
vital interests;
Being committed to combating all forms and manifestations of terrorism and
eliminating its objectives and causes which target the lives and properties of
people;
Confirming the legitimacy of the right of peoples to struggle against foreign
occupation and colonialist and racist regimes by all means, including armed
struggle to liberate their territories and attain their rights to
self-determination and independence in compliance with the purposes and
principles of the Charter and resolutions of the United Nations;
Believing that terrorism constitutes a gross violation of human rights, in
particular the right to freedom and security, as well as an obstacle to the
free functioning of institutions and socio-economic development, as it aims at
destabilizing States;
Convinced that terrorism cannot be justified in any way, and that it should
therefore be unambiguously condemned in all its forms and manifestations, and
all its actions, means and practices, whatever its origin, causes or purposes,
including direct or indirect actions of States;
Recognizing the growing links between terrorism and organized crime, including
illicit trafficking in arms, narcotics, human beings and money laundering;
Have agreed to conclude this Convention, calling on all Member States of the
Organization of the Islamic Conference to accede to it.
Definition and General Provisions
Article I
For the purposes of this Convention:
1. "Contracting State" or "Contracting Party" means every Member State in
the Organization of the Islamic Conference that has ratified or adhered to this
Convention and deposited its instruments of ratification or adherence with the
General Secretariat of the Organization.
2. "Terrorism" means any act of violence or threat thereof
notwithstanding its motives or intentions perpetrated to carry out an
individual or collective criminal plan with the aim of terrorizing people or
threatening to harm them or imperiling their lives, honor, freedoms, security
or rights or exposing the environment or any facility or public or private
property to hazards or occupying or seizing them, or endangering a national
resource, or international facilities, or threatening the stability,
territorial integrity, political unity or sovereignty of independent States.
3. "Terrorist Crime" means any crime executed, started or participated in
to realize a terrorist objective in any of the Contracting States or against
its nationals, assets or interests or foreign facilities and nationals residing
in its territory punishable by its internal law.
4. Crimes stipulated in the following conventions are also considered
terrorist crimes with the exception of those excluded by the legislations of
Contracting States or those who have not ratified them:
a) Convention on "Offences and Other Acts Committed on Board of Aircrafts"
(Tokyo, 14.9.1963).
b) Convention on "Suppression of Unlawful Seizure of Aircraft" (The
Hague,16.12.1970).
c) Convention on "Suppression of Unlawful Acts against the Safety of Civil
Aviation" signed at Montreal on 23.9.1971 and its Protocol (Montreal,
10.12.1984)
d) Convention on the "Prevention and Punishment of Crimes against Persons
Enjoying International Immunity, Including Diplomatic Agents" (New York,
14.12.1973).
e) International Convention against the Taking of Hostages (New York, 1979).
f) The United Nations Law of the Sea Convention of 1982 and its related
provisions on piracy at sea.
g) Convention on the "Physical Protection of Nuclear Material" (Vienna,
1979).
h) Protocol for the Suppression of Unlawful Acts of Violence at Airports
Serving International Civil Aviation-Supplementary to the Convention for the
Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal,
1988).
i) Protocol for the Suppression of Unlawful Acts against the Safety of
Fixed Platforms on the Continental Shelf (Rome, 1988).
j) Convention for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation (Rome, 1988).
k) International Convention for the Suppression of Terrorist Bombings (New
York, 1997)
l) Convention on the Marking of Plastic Explosives for the purposes of
Detection (Montreal, 1991).
Article 2
a) Peoples struggle including armed struggle against foreign occupation,
aggression, colonialism, and hegemony, aimed at liberation and
self-determination in accordance with the principles of international law shall
not be considered a terrorist crime.
b) None of the terrorist crimes mentioned in the previous article shall
be considered political crimes.
c) In the implementation of the provisions of this Convention the
following crimes shall not be considered political crimes even when politically
motivated:
1. Aggression against kings and heads of state of Contracting States or
against their spouses, their ascendants or descendants.
2. Aggression against crown princes or vice-presidents or deputy heads of
government or ministers in any of the Contracting States.
3. Aggression against persons enjoying international immunity including
Ambassadors and diplomats in Contracting States or in countries of
accreditation.
4. Murder or robbery by force against individuals or authorities or means
of transport and communications.
5. Acts of sabotage and destruction of public properties and properties
geared for public services, even if belonging to another Contracting State.
6. Crimes of manufacturing, smuggling or possessing arms and ammunition
or explosives or other materials prepared for committing terrorist crimes.
d) All forms of international crimes, including illegal trafficking in
narcotics and human beings money laundering aimed at financing terrorist
objectives shall be considered terrorist crimes.
Section II
Foundations of Islamic Cooperation for Combating Terrorism
Chapter I
In the Field of Security
Division I
MEASURES TO PREVENT AND COMBAT TERRORIST CRIMES.
Article 3
I. The Contracting States are committed not to execute, initiate or
participate in any form in organizing or financing or committing or instigating
or supporting terrorist acts whether directly or indirectly.
II. Committed to prevent and combat terrorist crimes in conformity with
the provisions of this Convention and their respective domestic rules and
regulations the contracting States shall see to:
(A) Preventive Measures:
1. Barring their territories from being used as an arena for planning,
organizing, executing terrorist crimes or initiating or participating in these
crimes in any form; including preventing the infiltration of terrorist elements
or their gaining refuge or residence therein individually or collectively, or
receiving hosting, training, arming, financing or extending any facilities to
them.
2. Cooperating and coordinating with the rest of the Contracting States,
particularly neighboring countries which suffer from similar or common
terrorist crimes.
3. Developing and strengthening systems relating to detecting
transportation, importing, exporting stockpiling, and using of weapons,
ammunition and explosives as well as other means of aggression, killing and
destruction in addition to strengthening trans-border and custom controls in
order to intercept their transfer from one Contracting State to another or to
other States unless they are intended for specific legitimate purposes.
4. Developing and strengthening systems related to surveillance
procedures, securing borders, and land, sea and air passages in order to
prevent infiltration through them.
5. Strengthening systems for ensuring the safety and protection of
personalities, vital installations and means of public transport.
6. Re-enforcing protection, security and safety of diplomatic and
consular persons and missions; and regional and international organizations
accredited in the Contracting State in accordance with the conventions and
rules of international law which govern this subject.
7. Promoting security intelligence activities and coordinating them with
the intelligence activities of each Contracting State pursuant to their
respective intelligence policies, aimed at exposing the objectives of terrorist
groups and organizations, thwarting their designs and revealing the extent of
their danger to security and stability.
8. Establishing a data base by each Contracting State to collect and
analyze data on terrorist elements, groups, movements and organizations and
monitor developments of the phenomenon of terrorism and successful experiences
in combating it. Moreover, the Contracting State shall update this information
and exchange them with competent authorities in other Contracting States within
the limits of the laws and regulations in every State.
9. To take all necessary measures to eliminate and prevent the
establishment of webs supporting all kinds of terrorist crimes.
B. Combating Measures:
1. Arresting perpetrators of terrorist's crimes and prosecuting them
according to the national law or extraditing them in accordance with the
provisions of this Convention or existing Conventions between the requesting
and requested States.
2. Ensuring effective protection of persons working in the field of
criminal justice as well as to witnesses and investigators.
3. Ensuring effective protection of information sources and witnesses on
terrorist crimes.
4. Extending necessary assistance to victims of terrorism.
5. Establishing effective cooperation between the concerned organs in the
contracting States and the citizens for combating terrorism including extending
appropriate guarantees and appropriate incentives to encourage informing on
terrorist acts and submitting information to help uncover them and cooperating
in arresting the perpetrators.
Division II
Areas of Islamic cooperation for preventing and combating
terrorist crimes.
Article 4
Contracting States shall cooperate among themselves to prevent and combat
terrorist crimes in accordance with the respective laws and regulations of each
State in the following areas:
First: Exchange of Information
1. Contracting States shall undertake to promote exchange of information
among them as such regarding:
a) Activities and crimes committed by terrorist groups, their leaders, their
elements, their headquarters, training, means and sources that provide finance
and weapons, types of arms, ammunition and explosives utilized as well as other
ways and means to attack, kill and destroy.
b) Means of communications and propaganda utilized by terrorist groups, how
they act, movement of their leaders, their elements and their travel documents.
2. Contracting States shall expeditiously inform any other Contracting
State regarding available information about any terrorist crime perpetrated in
its territory aimed at undermining the interests of that State or its nationals
and to state the facts surrounding the crime in terms of its circumstances,
criminals involved, victims, losses, devices and methods utilized to carry out
the crime, without prejudicing investigation and inquiry requisites.
3. Contracting States shall exchange information with the other Parties
to combat terrorist crimes and to inform the Contracting State or other States
of all available information or data that could prevent terrorist crimes within
its territory or against its nationals or residents or interests.
4. The Contracting States shall provide any other Contracting State with
available information or data that will:
a) Assist in arresting those accused of committing a terrorist crime against
the interests of that country or being implicated in such acts either by
assistance, collusion, instigation, or financing.
b) Contribute to confiscating any arms, weapons, explosives, devices or
funds spent or meant to be spent to commit a terrorist crime.
5. The Contracting States undertake to respect the confidentiality of
information exchanged between them and shall refrain from passing it to any
non-Contracting States or other parties without prior consent of the source
country.
Second: Investigation
Each Contracting State pledges to promote cooperation with other contracting
states and to extend assistance in the field of investigation procedures in
terms of arresting escaped suspects or those convicted for terrorist crimes in
accordance with the laws and regulations of each country.
Third: Exchange of Expertise
1. Contracting States shall cooperate with each other to undertake and
exchange studies and researches on combating terrorist crimes as well as
exchange of expertise in this field.
2. Contracting States shall cooperate within the scope of their
capabilities to provide available technical assistance for preparing programs
or holding joint training sessions with one or more Contracting State if the
need arises for personnel required in the field of combating terrorism in order
to improve their scientific and practical potential and upgrade their
performance standards.
Fourth: Education and Information Field
The Contracting States shall cooperate in:
1. Promoting information activities and supporting the mass media in
order to confront the vicious campaign against Islam, by projecting the true
image of tolerance of Islam and exposing the designs and danger of terrorist
groups against the stability and security of Islamic States.
2. Including the noble human values, which proscribe the practice of
terrorism in the educational curricula of Contracting States.
3. Supporting efforts aimed at keeping abreast of the age by introducing
an advanced Islamic thought based on ijtihad by which Islam is distinguished.
Chapter II
In the Judicial Field
Section I
Extraditing Criminals
Article 5
Contracting States shall undertake to extradite those indicted or convicted of
terrorist crimes, requested for extradition by any of these countries in
compliance with the rules and conditions stipulated in this Convention.
Article 6
Extradition shall not be permissible in the following cases:
1. If the Crime for which extradition is requested is deemed by the laws
enforced in the requested Contracting State as one of a political nature and
without prejudice to the provisions of Article 2. paragraphs 2 and 3 of this
Convention for which extradition is requested.
2. If the Crime for which extradition is sought relates solely to a
dereliction of military obligations.
3. If the Crime for which extradition is requested, was committed in the
territory of the requested Contracting State, unless this crime has undermined
the interests of the requesting Contracting State and its laws stipulate that
the perpetrators of those crimes shall be prosecuted and punished providing
that the requested country has not commenced investigation or trial.
4. If the Crime has been the subject of a final sentence which has the
force of law in the requested Contracting State.
5. If the action at the time of the extradition request elapsed or the
penalty prescribed in accordance with the law in the Contacting State
requesting extradition.
6. Crimes committed outside the territory of the requesting Contracting
State by a person who was not its national and the law of the requested
Contracting State does not prosecute such a crime if perpetrated outside its
territory by such a person.
7. If pardon was granted and included the perpetrators of these crimes in
the requesting Contracting State.
8. If the legal system of the requested State does not permit extradition
of its national, then it shall be obliged to prosecute whosoever commits a
terrorist crime if the act is punishable in both States by a freedom
restraining sentence for a minimum period of one year or more. The nationality
of the person requested for extradition shall be determined according to the
date of the crime taking into account the investigation undertaken in this
respect by the requesting State.
Article 7
If the person requested for extradition is under investigation or trial for
another crime in the requested State, his extradition shall be postponed until
the investigation is disposed of or the trial is over and the punishment
implemented. In this case, the requested State shall extradite him
provisionally for investigation or trial on condition that he shall be returned
to it before execution of the sentence issued in the requested State.
Article 8
For the purpose of extraditing crime perpetrators according to this Convention.
the domestic legislations of Contracting States shall not have any bearing as
to their differences with respect to the crime being classified as a felony or
misdemeanor, nor as to the penalty prescribed for it.
Section II
Rogatory Commission
Article 9
Each Contracting State shall request from any other Contracting State to
undertake in its territory rogatory action with respect to any judicial
procedures concerning an action involving a terrorist crime and in particular:
1. To hear witnesses and testimonies taken as evidence.
2. To communicate legal documents.
3. To implement inquiry and detention procedures.
4. To undertake on the scene inspection and analyze evidence.
5. To obtain necessary evidence or documents or records or their
certified copies.
Article 10
Each Contracting State shall implement rogatory commissions related to
terrorist crimes and may reject the request for implementation with respect to
the following cases.
1. If the crime for which the request is made, is the subject of a
charge, investigation or trial in the country requested to implement rogatory
commission.
2. If the implementation of the request prejudices the sovereignty or
the security or public order of the country charged with this mission.
Article 11
The request for rogatory mission shall be implemented promptly in accordance
with the provisions of the domestic laws of the requested State and which may
postpone its implementation until its investigation and prosecution procedures
are completed on the same subject or until the compelling reasons that called
for postponement are removed. In this case the requesting State shall be
informed of this postponement.
Article 12
The request for a rogatory commission related to a terrorist crime shall not be
refused on the grounds of the rule of transaction confidentiality for banks and
financial institutions. And in the implementation of the request the rules of
the enforcing State are to be followed.
Article 13
The procedure, undertaken through rogatory commission in accordance with the
provisions of this Convention, shall have the same legal effect as if it was
brought before the competent authority in the State requesting rogatory
commission. The results of its implementation shall only be utilized within the
scope of the rogatory commission.
Section 3
Judicial Cooperation
Article 14
Each Contracting State shall extend to the other contracting parties every
possible assistance as may be necessary for investigation or trial proceedings
related to terrorist crimes.
Article 15
1.. If judicial competence accrues to one of the Contracting States for the
prosecution of a subject accused of a terrorist crime, this State may request
the country which hosts the suspect to prosecute him for this crime subject to
the host country's consent and providing the crime is punishable in that
country by a freedom restraining sentence for at least one year or by a more
severe sanction. In such a case the requesting State shall pass all
investigation documents and evidence related to the crime to the requested
State.
2.. Investigation or trial shall be conducted on the grounds of the case or
cases brought by the requesting State against the accused in accordance with
the legal provisions and procedures of the country holding the trial.
Article 16
The request for trial on the basis of para (1) of the previous article entails
the suspension of procedures of prosecution, investigation and trial in the
territory of the requesting State except those relating to the requisites of
cooperation, assistance or rogatory commission sought by the State requested to
hold the trial procedures.
Article 17
1. Procedures undertaken in either of the two States - the requesting
State or the one where the trial is held - shall be subject to the law of the
country where the procedure is executed and which shall have legal preeminence
as may be stipulated in its legislation.
2. The requesting State shall not bring to trial or retrial the accused
subject unless the requested State refuses to prosecute him.
3. In all cases the State requested to hold trial shall inform the
requesting country of its action with respect to the request for trial and
shall communicate to it the results of its investigations or trial proceedings.
Article 18
The State requested to hold trial may undertake all measures and procedures
stipulated by its legislation regarding the accused both before and after the
request for trial is received.
Section 4
SEIZED ASSETS AND PROCEEDS OF THE CRIME
Article 19
1. If the extradition of a subject is decided, the Contracting State
shall hand over to the requesting State the assets and proceeds seized, used or
related to the terrorist crime, found in the possession of the wanted subject
or with a third party.
2. The material mentioned in the previous item shall be handed over even
if the accused has not been extradited either due to his escape, death or any
other reason after ensuring that these were connected with the terrorist crime.
3. The provisions contained in the two previous items shall not prejudice
the rights of any of the Contracting States or bona fide from others with
respect to the above-mentioned assets and proceeds.
Article 20
The State requested to hand over the assets and proceeds may undertake all
necessary custodial measures and procedures for the implementation of its
obligation. It may also retain them provisionally if required for penal action
implemented therein or hand them to the requesting State on condition that they
shall be returned for the same purpose.
Section 5
Exchange of Evidence
Article 21
A Contracting State shall see to it that the evidence and effects of any
terrorist crime committed on its territory against another Contracting State
are examined by its competent organs and may seek assistance to that end from
any other Contracting State. Moreover, it shall take every necessary step to
safeguard the evidence and proof of their legal relevance. It may communicate,
if requested, the result to the country whose interest were targeted by the
crime. The State or States which have assisted in this case shall not pass this
information to others.
Part III
Mechanism for Implementing Cooperation
Chapter I
Extradition Procedures
Article 22
The exchange of extradition requests between Contracting States shall be
Undertaken directly through diplomatic channels or through their Ministries of
Justice or their substitute.
Article 23
A request for extradition shall be submitted in writing and shall include:
1. The original or an authenticated copy of the indictment, arrest order
or any other instruments of identical weight issued in line with the conditions
stipulated in the requesting State's legislation.
2. A statement of the acts for which extradition is sought specifying the
dates and places, where these acts were committed and their legal implications
along with reference to the legal articles under which they fall as well as a
copy of these articles.
3. Description, in as much detail as possible, of the subject wanted for
extradition and any other information such as to determine his identity and
nationality.
Article 24
1. The judicial authorities in the requesting State may approach the
requested State by any channel of written communication and seek the preventive
arrest of the wanted subject pending the arrival of the extradition request.
2. In this case the requested State may effect the preventive arrest of
the wanted subject. However, if the request for extradition is not submitted
together with the necessary documents listed in the above article, the subject
whose extradition is sought may not be detained for more than thirty days as of
the day of his arrest.
Article 25
The requesting State shall send a request together with the documents listed in
Article 23 of this Convention. If the requested State accepts the request as
valid, its competent authorities shall implement it in accordance with its
legislation and shall promptly notify the requesting State of the action
undertaken.
Article 26
1. In all cases stipulated in the two articles above, preventive
detention shall not exceed sixty days after the date of arrest.
2. Temporary release may be effected during the period stipulated in the
previous article and the requested State shall take appropriate measures to
ensure that the wanted subject does not escape.
3. Release shall not prevent the re-arrest of the subject and his
extradition if it was requested after his release.
Article 27
If the requested State requires additional clarification to ascertain the
conditions stipulated in this chapter, it shall notify the requesting State
thereof and fix a date for provision of such clarifications.
Article 28
If the requested State received a number of extradition requests from various
countries related to the same or diverse acts, this State shall decide upon
these requests bearing in mind the circumstances and in particular the
possibility of subsequent extradition, date of receiving the requests, degree
of the danger of the crime and where it was committed.
Chapter II
Measures for Rogatory Commissions
Article 29
Rogatory Commission requests must specify the following:
1.. The competent authority that issued the request.
2.. Subject of the request and its reason.
3.. The identity and nationality of the person being the subject of the
rogatory commission (as may be possible)
4.. Information on the crime requiring rogatory commission, its legal
definition and penalty inflicted on its perpetrators along with maximum
available information on its circumstances in order to ensure the efficient
implementation of the rogatory commission.
Article 30
1. The request for rogatory commission shall be forwarded by the Ministry
of Justice in the requesting State to the Ministry of Justice in the requested
State and returned in the same way.
2. In case of expediency, the request for rogatory commission shall be
directly forwarded by the judicial authorities in the requesting State to the
judicial authorities in the requested State. A copy of this rogatory commission
shall also be sent at the same time to the Ministry of Justice in the requested
State. The rogatory commission shall be returned together with the papers
concerning its implementation in the way stipulated in the previous item.
3. The request for rogatory commission may be forwarded directly from the
judicial authorities to the competent authority in the requested country.
Answers may be sent directly through the said authority.
Article 31
Requests for rogatory commission and accompanying documents shall be signed or
stamped with the seal of a competent authority or that authorized by it. These
documents shall be exempted from all formal procedures that could be required
by the legislation of the requested State.
Article 32
If the authority that received the request for rogatory commission was not
competent enough to deal with it, it shall automatically transfer it to the
competent authority in its country. If the request is forwarded directly the
answer shall reach the requesting State in the same manner.
Article 33
Any refusal for rogatory commission shall be explained.
Chapter III
Measures for Protecting Witnesses and Experts
Article 34
If the requesting State deems that the appearance of the witness or expert
before its judicial authorities is of special importance, reference thereto
shall be made in its request. The request or summons shall include an
approximate statement in terms of compensation, travel expenses, accommodation
and commitment to make these payments. The requested State shall invite the
witness or expert and inform the requesting State about his/her reply.
Article 35
1. No penalty nor coercive measure may be inflicted upon the witness or
expert who does not comply with the summons even if the writ provides for such
a penalty.
2. If the witness or expert arrives voluntarily to the territory of the
requesting State, he shall be summoned according to the provisions of the
internal legislation of this State.
Article 36
1. A witness or expert may not be subjected to trial, detained or have
his freedom restricted in the territory of the requesting State, for acts or
court rulings that preceded his departure for the requesting State,
irrespective of his nationality, as long as his appearance before the judicial
authorities of the said State is based on a summons.
2. No witness or expert, whatever his nationality, appearing before the
judiciary of the State in question on the basis of a summons, may be prosecuted
or detained or have his freedom restricted in any way on the requesting State's
territory for other acts or court decisions not mentioned in the summons and
predating his departure from the State from which he is requested.
3. The immunity privileges stated in this Article shall become invalid if
a witness or expert remains on the requesting State's territories for over
thirty consecutive days despite his ability to return once his presence was no
longer requested by the judiciary, or if he returns to the requesting State's
territories after his departure.
Article 37
1. The requesting State shall undertake all necessary measures to ensure
the protection of a witness or expert from publicity that could endanger him,
his family or his property as a result of his testimony and in particular:
a) To ensure confidentiality of the date and place of his arrival as
well as the means involved.
b) To ensure confidentiality of his accommodation, movements and
locations where he may be found.
c) To ensure confidentiality of' the testimony and information given
to the competent judical authorities.
2. The requesting State shall provide necessary security required by the
condition of the witness or expert and of his family, and circumstances of the
case and types of expected risks.
Article 38
1. If the witness or expert who is summoned to the requesting State is
imprisoned in the requested State, he shall be provisionally transferred to the
location of the hearing at which he is to testify according to conditions and
times determined by the requested State.
2. Transfer may be denied:
a) If the witness or expert refuses.
b) If his presence is necessary for undertaking criminal procedures in
the territory of the requested State.
c) If his transfer would prolong his imprisonment.
d) If there are considerations militating against his transfer.
3. The transferred witness or expert shall remain in detention in the
territory of the requesting State until he is repatriated to the requested
state unless the latter requests his release.
Section IV
Final Provisions
Article 39
This Convention shall be ratified, or adhered to, by the Signatory States and
the instruments of ratification or accession shall be deposited with the
General Secretariat of the Organization of the Islamic Conference not exceeding
a period of thirty days as of the date of ratification or accession. The
General Secretariat shall inform all Member States about any deposition and
date of such instruments.
Article 40
1. This Convention shall enter into force thirty days after the deposit
of the seventh instrument of ratification or accession at the OIC General
Secretariat.
2. This Convention shall not be applicable to any other Islamic State
until it deposits its instruments of ratification or accession with the General
Secretariat of the Organization of the Islamic Conference and after a period of
thirty days of the date of deposition.
Article 41
It is not permissible for any Contracting State to make any reservation,
explicitly or implicitly in conflict with the provisions of this Convention or
deviating from its objectives.
Article 42
1. A Contracting State shall not withdraw from this Convention except
by a written request to the Secretary General of the Organization of the
Islamic Conference.
2. Withdrawal shall be affective six months after the date of sending
the request to the Secretary General.
This Convention has been written in English, Arabic and French of equal
authenticity, of one original deposited with the General Secretariat of the
Organization of the Islamic Conference which shall have it registered at the
United Nations Organization, in accordance with the provisions of Article 102
of its Charter. The General Secretariat shall communicate approved copies
thereof to the Member States of the Organization of the Islamic Conference.
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