DRAFT
CONVENTION ON THE PROVISION OF

TELECOMMUNICATION RESOURCES

     FOR DISASTER MITIGATION AND RELIEF OPERATIONS

Working Group on Emergency Telecommunications (WGET)

WGET Secretariat
c/o United Nations Department of Humanitarian Affairs (DHA)
Palais des Nations, CH-1211 Geneva 10, Switzerland
Phone: +41 22 917 3516, Fax: +41 22 917 0023

CONVENTION ON THE PROVISION OF

TELECOMMUNICATION RESOURCES

FOR DISASTER MITIGATION AND RELIEF OPERATIONS

(April 1996)

THE STATES PARTIES TO THIS CONVENTION,

Recognizing

that the magnitude, complexity, frequency, and impact of disasters are increasing at a dramatic rate, with particularly severe consequences in developing countries,

Recalling

that humanitarian relief and assistance agencies require reliable, flexible telecommunication resources to perform their vital tasks,

Convinced

that the effective, timely deployment of telecommunication resources and that rapid, efficient information flows are essential to reducing loss of life, human suffering, and damage to property and the environment caused by disasters,

Concerned

about the impact of disasters on communication facilities and information flows,

Reaffirming

the absolute priority accorded emergency life-saving communications in more than fifty international regulatory instruments, including the Constitution of the International Telecommunication Union,

Noting

the history of international cooperation and coordination in disaster mitigation and relief, including the demonstrated life-saving role played by the timely deployment and use of telecommunication resources,

Further noting

the Proceedings of the International Conference on Disaster Communications, addressing the power of telecommunication systems in disaster recovery and response,

Further noting

the urgent call found in the Tampere Declaration on Disaster Communications, for an international Convention on Disaster Communications to facilitate telecommunication capabilities to mitigate the impact of disasters,

Further noting

United Nations General Assembly Resolution 44/236, designating 1990-2000 the International Decade for Natural Disaster Reduction, and Resolution 46/182, focusing attention on global disaster prevention and preparedness,

Further noting

the prominent role of communication resources in the Yokohama Strategy and Plan of Action for a Safer World, adopted by the World Conference on Natural Disaster Reduction in Yokohama, Japan, in May 1994,

Further noting

Resolution 7 of the first World Telecommunication Development Conference, Buenos Aires, 1994, endorsed by Resolution 36 of the Plenipotentiary Conference of the International Telecommunication Union, Kyoto, 1994, urging administrations to take all practical steps for facilitating the rapid deployment and the effective use of telecommunication equipment for disaster mitigation and relief operations by reducing and, where possible, removing regulatory barriers and strengthening cooperation among States,

With reference

to the conclusions of the Working Group on Emergency Telecommunications regarding the critical role of telecommunications in disaster mitigation and relief,

Supported

by the work of many States, United Nations entities, governmental, inter-governmental, and non-governmental organizations, humanitarian agencies, telecommunication equipment and service providers, media, universities, and communication- and disaster-related organizations to improve and facilitate disaster-related communications,

Desiring

to ensure the reliable, rapid availability of telecommunication resources for disaster mitigation and relief operations, and

Further desiring

to facilitate international cooperation to mitigate the impact of disasters,

Have agreed as follows:

ARTICLE 1

Definitions

Unless otherwise indicated, the terms set out below shall have the following meanings:

1. Disaster means a serious disruption of the functioning of the society, posing a significant, widespread threat to human life, health, property, or the environment, whether caused by accident, nature, or human activity, and whether developing suddenly or as the result of complex, long-term processes.

2. Natural hazard means a naturally occurring event or process, such as an earthquake, flood, wind, landslide, avalanche, cyclone, tsunami, insect infestation, drought, or volcanic eruption, which has the potential for triggering a disaster.

3. Health hazard means a sudden outbreak of infectious disease, such as an epidemic or pandemic, or other event posing a significant threat to human life or health, which has the potential for triggering a disaster.

4. Disaster mitigation means measures designed to prevent, predict, prepare for, respond to, and/or mitigate the impact of, disasters.

5. Telecommunications means any transmission, emission, or reception of signs, signals, writing, images, sounds, or intelligence of any nature, by wire, radio, optical fiber, or other electromagnetic system.

6. Telecommunication resources means personnel, equipment, materials, information, radiofrequency spectrum, network or transmission capacity, or other resources necessary to telecommunications.

7. Telecommunication assistance means the provision of telecommunication resources or other resources or support intended to facilitate the use of telecommunication resources.

8. Requesting State Party means a State Party to this Convention requesting telecommunication assistance pursuant hereto.

9. Assisting State Party means a State Party to this Convention providing telecommunication assistance pursuant hereto.

10. This Convention means the Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations.

11. The depositary means the depositary for this Convention, as set forth in Article 20.

12. The operational coordinator means the entity which will coordinate requests for telecommunication assistance, as set forth in Article 21.

13. The technical coordinator means the entity which is responsible for maintaining and disseminating information related to telecommunication resources for disaster mitigation and relief, as set forth in Article 22.

ARTICLE 2

General Provisions

1. The States Parties shall cooperate among themselves and with governmental, inter-governmental, and non-governmental organizations, in accordance with the provisions of this Convention, to facilitate the use of telecommunication resources for disaster mitigation and relief.

2. Such use may include, but is not limited to:

a. The deployment of terrestrial and satellite telecommunication equipment to predict, monitor, and provide early warning of natural hazards, health hazards, and disasters;

b. The sharing of information about natural hazards, health hazards, and disasters among the States Parties and with other States and governmental, inter-governmental, and non-governmental organizations, and the dissemination of such information to the public, particularly to at-risk communities;

c. The provision of prompt telecommunication assistance to mitigate the impact of a disaster; and

d. The installation and operation of reliable, flexible telecommunication services to be used by humanitarian relief and assistance organizations.

3. To facilitate such use, the States Parties may conclude additional multi national or bilateral agreements or arrangements.

4. The States Parties request the United Nations [organization], with the collaboration of the International Telecommunication Union and other relevant United Nations entities, to use its best efforts, in accordance with the provisions of this Convention, to:

a. Develop, in consultation with the States Parties, model agreements that may be used to provide a foundation for multi national or bilateral agreements facilitating the provision of telecommunication resources for disaster mitigation and relief;

b. Develop, operate, and maintain information collection and dissemination procedures and systems necessary for the implementation of the Convention; and

c. Inform States of the terms of this Convention, and to facilitate and support the cooperation among States Parties provided for herein.

5. The States Parties shall cooperate among themselves to improve the ability of governmental, inter-governmental, and non-governmental organizations concerned with disaster mitigation and relief to support the objectives of this Convention.

ARTICLE 3

Provision of Telecommunication Assistance

1. A State Party requiring telecommunication assistance for disaster mitigation and relief may request such assistance from any other State Party, either directly or through the operational coordinator. Upon receipt of a request for telecommunication assistance, the operational coordinator shall immediately disseminate such request to all other appropriate States Parties.

2. A State Party requesting telecommunication assistance shall specify the scope and type of assistance required and, where practicable, provide the State Party to which the request is directed and/or the operational coordinator with such information as may be necessary to determine the extent to which such State Party is able to meet the request.

3. Each State Party to which a request for telecommunication assistance is directed, either directly or through the operational coordinator, shall promptly determine and notify the requesting State Party whether it will render the assistance requested directly or through a governmental, inter-governmental, non-govern mental, or private organization and the scope of, and terms, conditions, restrictions, and cost, if any, applicable to such assistance.

4. No telecommunication assistance shall be provided by any State Party pursuant to this Convention without the consent of the requesting State Party. The requesting State Party shall retain the authority to reject all or part of any telecommunication assistance offered by another State Party in accordance with the requesting State Party s existing national law and policy.

ARTICLE 4

Direction and Control of Telecommunication Assistance

Unless otherwise agreed:

1. The overall direction, control, coordination, and supervision of telecommunication assistance shall be the responsibility, within its territory, of the requesting State Party.

2. The requesting State Party shall provide, to the extent of its capabilities, local facilities and services for the proper and effective administration of the tele communication assistance, including ensuring that telecommunication equipment brought into its territory pursuant to this Convention shall be expeditiously licensed or shall be exempt from licensing in accordance with its domestic laws and regulations.

3. The requesting State Party shall ensure the protection of personnel, equipment, and materials brought into its territory by or on behalf of the assisting State Party under the terms of this Convention.

4. The requesting State Party shall not, in exercising direction and control of telecommunication assistance provided for under this Article, direct the deployment or use of any telecommunication resources provided pursuant to this Convention for purposes not directly related to predicting, preparing for, responding to, mitigating the impact of, or providing relief during and following disasters.

5. Ownership of equipment and materials provided by any State Party pursuant to this Convention shall be unaffected by their use under the terms of this Convention, and their prompt return to the proper assisting State Party shall be guaranteed.

6. This Article shall apply to any requesting State Party, in whose territory telecommunication assistance is provided for disaster mitigation and relief, irrespective of whether such assistance is provided by a State not a party to this Convention, governmental, inter-governmental, or non-governmental organization, provided that:

a. The requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;

b. The State, governmental, inter-governmental, or non-govern mental organization providing such telecommunication assistance acts in accordance with this Article and Articles 3 and 5; and

c. The application of this Article is not inconsistent with any other agreement between the requesting State Party and the State, governmental, inter-governmental, or non-govern mental organization providing such telecommunication assistance.

ARTICLE 5

Privileges, Immunities, and Facilities

1. The requesting State Party shall afford to persons, other than its nationals, and to organizations, other than those domiciled within its territory, who act pursuant to this Convention and who have been duly notified to, and accepted by, the requesting State Party, the necessary privileges, immunities, and facilities for the performance of their proper functions, including, but not limited to:

a. Immunity from arrest, detention, and legal process, including criminal, civil, and administrative jurisdiction of the requesting State Party, in respect of acts or omissions in the performance of their duties; and

b. Exemption from taxation, duties, or other charges, except for those which are normally incorporated in the price of goods or services, in respect of the performance of their duties.

2. The requesting State Party shall:

a. Afford the assisting State Party exemption from taxation, duties, or other charges on the equipment, materials, and other property brought into the territory of the requesting State Party by the assisting State Party for the purpose of providing telecommunication assistance under this Convention; and

b. Provide immunity from seizure, attachment, or requisition of such equipment, materials, and property.

3. The requesting State Party shall ensure the prompt return of such equipment, material, and property to the proper assisting State Party.

4. Nothing in this Article shall require any State Party to provide its nationals or permanent residents, or organizations domiciled within its territory, with privileges and immunities.

5. Without prejudice to their privileges and immunities in accordance with this Article, all persons entering the territory of a State Party for the purpose of providing telecommunication assistance or otherwise facilitating the use of tele communication resources pursuant to this Convention, and all organizations providing telecommunication assistance or otherwise facilitating the use of tele communication resources pursuant to this Convention, have a duty to respect the laws and regulations of that State Party. Such persons and organizations also shall have a duty not to interfere in the domestic affairs of the State Party into whose territory they have entered.

6. Nothing in this Article shall prejudice the rights and obligations with respect to privileges and immunities afforded to persons and organizations participating directly or indirectly in telecommunication assistance, pursuant to other international agreements (including the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on February 13, 1946, and the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly on November 21, 1947), or the rules of customary international law.

7. This Article shall apply to any requesting State Party, in whose territory telecommunication assistance is provided for disaster mitigation and relief, irrespective of whether such assistance is provided by a State not a party to this Convention, governmental, inter-governmental, or non-governmental organization, provided that:

a. the requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;

b. the State, governmental, inter-governmental, or non-govern mental organization providing such telecommunication assistance acts in accordance with this Article and Articles 3 and 4; and

c. the application of this Article is not inconsistent with any other agreement between the requesting State Party and the State, governmental, inter-governmental, or non-governmental organization providing such telecommunication assistance.

ARTICLE 6

Termination of Assistance

1. The requesting State Party or the assisting State Party may, at any time, after appropriate consultations and by notification in writing, request the termination of telecommunication assistance received or provided under Article 3. Upon such a request, the States Parties involved shall consult with each other to provide for the proper and expeditious conclusion of the assistance.

2. Any State Party requesting termination of telecommunication assistance shall notify the operational coordinator of such request. The operational coordinator shall provide such assistance as is requested and necessary to facilitate the conclusion of the telecommunication assistance.

ARTICLE 7

Payment or Reimbursement of Costs or Fees

1. The States Parties may condition the provision of telecommunication assistance or other telecommunication resources for disaster mitigation and relief, upon agreement to pay or reimburse specified costs or fees.

2. Where such condition exists, the States Parties shall set forth in writing, prior to the provision of telecommunication assistance or other telecommunication resources:

a. The requirement for payment or reimbursement;

b. The amount of such payment or reimbursement or terms under which it shall be calculated; and

c. Any other terms, conditions, or restrictions applicable to such payment or reimbursement, including, but not limited to, the currency in which such payment or reimbursement shall be made.

3. The requirements of paragraphs 2(b) and 2(c) of this Article may be satisfied by reference to published tariffs, rates, or prices.

4. In order that the negotiation of payment and reimbursement agreements does not unduly delay the provision of telecommunication assistance, the operational coordinator shall develop, in consultation with the States Parties, a model payment and reimbursement agreement that may provide a foundation for the negotiation of payment and reimbursement obligations under this Article.

5. No State Party shall be obligated to make payment or reimbursement of costs or fees under this Convention without having first expressed its consent to the terms provided by an assisting State Party pursuant to paragraph 2 of this Article.

6. Where the provision of telecommunication assistance or other telecommunication resources is properly conditioned upon payment or reimbursement of costs or fees under this Article, such payment or reimbursement shall be provided promptly after the assisting State Party has presented its request for payment or reimbursement.

7. Funds paid or reimbursed by a requesting State Party in association with the provision of telecommunication assistance shall be freely transferable out of the jurisdiction of the requesting State Party and shall not be delayed or withheld.

8. A State Party properly entitled to receive payment or reimbursement of costs or fees associated with the provision of telecommunication assistance under this Article, may freely transfer such entitlement, unless such State Party has previously agreed otherwise.

9. In determining whether to condition the provision of telecommunication assistance or other telecommunication resources upon an agreement to pay or reimburse specified costs or fees, the amount of such costs or fees, and the terms, conditions, and restrictions associated with their payment or reimbursement, the States Parties shall take into account, among other relevant factors:

a. The nature of the disaster, natural hazard, or health hazard;

b. The impact, or potential impact, of the disaster;

c. The place of origin of the disaster;

d. The area affected, or potentially affected, by the disaster;

e. The occurrence of previous disasters and the likelihood of future disasters in the affected area;

f. The capacity of each State affected by the disaster, natural hazard, or health hazard to prepare for, or respond to, such event; and

g. The needs of developing countries.

ARTICLE 8

Transit of Personnel, Equipment, Materials, and Information

Each State Party shall, at the request of any other State Party, facilitate the transit into, out of, and through its territory of personnel, equipment, materials, and information involved in the use of telecommunication resources for disaster mitigation and relief.

ARTICLE 9

Telecommunication Resources Inventory

1. Each State Party shall maintain a current inventory identifying those resources which could be made available to facilitate the use of telecommunication resources for disaster mitigation and relief, including the provision of telecommunication assistance.

2. Such inventory may include, at the discretion of the State Party, resources available from governmental, non-governmental, and private organizations.

3. Each State Party shall endeavour to identify specifically those resources that are potentially available for the provision of telecommunication assistance and the cost and other terms, conditions, and restrictions, if any, associated with their provision.

4. Each State Party shall provide a copy of its inventory to the technical coordinator, and shall endeavour to revise that inventory as necessary.

5. The technical coordinator shall maintain copies of all telecommunication resources inventories received from States Parties, and shall expeditiously disseminate such inventories to the States Parties, to other States, and to governmental, inter-governmental, non-governmental, and private organizations with a legitimate interest in disaster preparedness and response, unless a State Party has previously specified, in writing, that distribution of its telecommunication resources inventory be restricted.

ARTICLE 10

Telecommunication Assistance Action Plan

1. Each State Party shall endeavour to create a telecommunication assistance action plan that identifies and coordinates those steps necessary to deploy the telecommunication resources identified on that State Party's telecommunication resources inventory upon receipt and acceptance of a request for telecommunication assistance from a requesting State Party.

2. Each State Party shall provide a copy of its action plan to the technical coordinator, and shall endeavour to revise that plan as necessary.

3. The technical coordinator shall maintain copies of all telecommunication assistance action plans received from States Parties, and shall expeditiously disseminate such action plans to the States Parties, to other States, and to governmental, inter-governmental, non-governmental, and private organizations with a legitimate interest in disaster preparedness and response, unless a State Party has previously specified, in writing, that distribution of its telecommunication assistance action plan is be restricted.

ARTICLE 11

Regulatory Barriers

1. The States Parties shall, where possible, reduce, or remove regulatory barriers to the use of telecommunication resources for disaster mitigation and relief, including to the provision of telecommunication assistance.

2. Regulatory barriers may include, but are not limited to:

a. Regulations restricting the import or export of telecommunication equipment;

b. Regulations restricting the use of telecommunication equipment or of radio frequency spectrum;

c. Regulations restricting the movement of personnel who operate telecommunication equipment or who are essential to its effective use;

d. Regulations restricting the transit of telecommunication resources into, out of, and through the territory of a State Party; and

e. Delays in the administration of such regulations.

3. Reduction of regulatory barriers may take the form of, but shall not be limited to:

a. Revising regulations;

b. Exempting specified telecommunication resources from the application of those regulations during the use of such resources for disaster mitigation and relief;

c. Pre-clearance of telecommunication resources for use in disaster mitigation and relief, in compliance with those regulations;

d. Expedited review of telecommunication resources for use in disaster mitigation and relief, in compliance with those regulations; and

e. Temporary waiver of those regulations for the use of telecommunication resources for disaster mitigation and relief.

4. Each State Party shall notify the technical coordinator and the other States Parties, directly or through the technical coordinator, of:

a. Measures taken, pursuant to this Convention, for reducing or removing such regulatory barriers;

b. Procedures available, pursuant to this Convention, to States Parties, States, and/or governmental, inter-governmental, non-governmental, and private organizations, for the exemption of specified telecommunication resources used for disaster mitigation and relief from the application of such regulations, pre-clearance or expedited review of such resources in compliance with applicable regulations, or temporary waiver of such regulations otherwise applicable to such resources; and

c. The terms, conditions, and restrictions, if any, associated with the use of such procedures.

5. The technical coordinator shall regularly and expeditiously make available to the States Parties, to other States, and to governmental, inter-governmental, non-governmental, and private organizations with a legitimate interest in disaster preparedness and response, an up-to-date listing of such measures, their scope, and the terms, conditions, and restrictions, if any, associated with their use.

ARTICLE 12

Competent Authorities and Points of Contact

1. Each State Party shall notify the technical coordinator of its competent authorities and point(s) of contact responsible for complying with the terms of this Convention and authorized to request, offer, accept, and terminate telecommunication assistance.

2. Each State Party shall promptly inform the technical coordinator of any changes in the competent authorities and point(s) of contact provided pursuant to paragraph 1 of this Article.

3. The technical coordinator shall regularly and expeditiously make available to the States Parties, to other States, and to governmental, inter-governmental, non-governmental, and private organizations with a legitimate interest in disaster preparedness and response, an up-to-date listing of all States Parties' competent authorities and point(s) of contact under this Convention.

ARTICLE 13

Relationship to Other International Agreements

This Convention shall not affect the rights and obligations of States Parties under existing international agreements, future international agreements concluded in accordance with the object and purpose of this Convention, or the rules of customary international law.

ARTICLE 14

Dispute Settlement

1. In the event of a dispute between States Parties concerning the interpretation or application of this Convention, the States Parties to the dispute shall consult for the purpose of settling the dispute by any peaceful means acceptable to them. Such consultation shall begin promptly upon the written declaration, delivered by one State Party to another State Party, of the existence of a dispute under this Convention. The State Party making such a written declaration of the existence of a dispute shall promptly deliver a copy of such declaration to the depositary.

2. If a dispute between States Parties cannot be settled within [six months] of the date of delivery of the written declaration to a State Party to the dispute, the States Parties to the dispute may request any other State Party or organization to use its good offices to facilitate settlement of the dispute.

3. If neither State Party seeks the good offices of another State Party, State, or organization, or if the exercise of good offices fails to facilitate a settlement of the dispute within [six months] of the request for such good offices being made, then either State Party to the dispute may:

a. Request that the dispute be submitted to binding arbitration; or

b. Submit the dispute to the International Court of Justice for decision, provided that both States Parties to the dispute are subject to the jurisdiction of the International Court of Justice.

4. In the event that the respective States Parties to the dispute request that the dispute be submitted to binding arbitration and submit the dispute to the International Court of Justice for decision, the submission to the International Court of Justice shall have priority.

ARTICLE 15

Entry Into Force

1. This Convention shall be open for signature by all States at the offices of the depositary, beginning [date].

2. A State may express its consent to be bound by this Convention by signature, by signature made subject to ratification, acceptance, or approval, by deposit of an instrument of ratification, or by deposit of an instrument of accession.

3. The Convention shall enter into force thirty days after consent to be bound has been expressed by [six] States.

4. For each State expressing consent to be bound by this Convention after its entry into force, this Convention shall enter into force for such State thirty days after the date of expression of consent.

ARTICLE 16

Provisional Application

A State may, upon signature or at any later date before this Convention enters into force for such State, declare that it will apply this Convention provisionally.

ARTICLE 17

Amendments

1. A State Party may propose amendments to this Convention by submitting such amendments to the depositary, who shall circulate them to the other States Parties.

2. Any amendment approved by two-thirds of all States Parties shall be laid down in a protocol which is open for signature at the depositary by all States Parties.

3. The protocol shall enter into force thirty days after [six] States Parties have indicated their consent to be bound thereby. For each State Party expressing consent to be bound by the protocol after its entry into force, the protocol shall enter into force for that State Party thirty days after the date of expression of consent.

4. Upon the motion of any State Party and with the approval of a majority of States Parties, a conference shall be convened to review the operation of this Convention and to evaluate the need for modifications or amendments hereto. Such conferences shall begin not sooner than thirty days after the invitations are issued. Amendments recommended at such conferences shall be considered for adoption in accordance with paragraphs 2 and 3 of this Article.

ARTICLE 18

Reservations

1. When signing, accepting, ratifying, approving, or acceding to this Convention or any amendment hereto, a State Party may make reservations to paragraph 6 of Article 4, to paragraphs 1, 2, and 7 of Article 5, and to Article 14.

2. A State Party may at any time withdraw its prior reservation by written notification to the depositary. Such withdrawal of a reservation becomes effective immediately upon notification to the depositary.

ARTICLE 19

Denunciation

1. A State Party may denounce this Convention by written notification to the depositary.

2. Denunciation shall take effect thirty days following the date on which the notification is received by the depositary.

3. All copies of the telecommunication resources inventory, telecommunication assistance action plan, and list of measures adopted and procedures available for reducing regulatory measures provided by any State Party denouncing this Convention shall be deleted by the effective date of such denunciation.

ARTICLE 20

Depositary

1. The Secretary-General of the [to be decided] shall be the depositary of this Convention.

[2. Upon its being opened for signature, the depositary shall forward a copy of this Convention to the Secretary-General of the United Nations.]

3. The depositary shall promptly notify the States Parties, all other States[, and the Secretary-General of the United Nations] of:

a. Each signatory of this Convention and of any protocol or amendment thereof;

b. Each deposit of an instrument of ratification, acceptance, approval, or accession concerning this Convention and any protocol or amendment thereof;

c. Any declaration of provisional application of this Convention in accordance with Article 16;

d. Any reservation to this Convention notified to the depositary in accordance with Article 18;

e. The entry into force of this Convention and of any protocol or amendment thereof; and

f. Any denunciation of this Convention made under Article 19.

ARTICLE 21

Operational Coordinator

1. The [to be decided] shall be the operational coordinator for this Convention.

2. The operational coordinator shall cooperate closely with the technical coordinator in carrying out its responsibilities under this Convention.

ARTICLE 22

Technical Coordinator

1. The [to be decided] shall be the technical coordinator for this Convention.

2. The technical coordinator shall cooperate closely with the operational coordinator in carrying out its responsibilities under this Convention.

ARTICLE 23

Authentic Texts and Certified Copies

The original of this Convention, of which the Arabic, Chinese, English, French, Russian, and Spanish texts are equally authentic, shall be deposited with the depositary, who shall send certified copies to the States Parties and to all other States.