<КОНВЕНЦИЯ ТАМПЕРЕ О ПРЕДОСТАВЛЕНИИ ТЕЛЕКОММУНИКАЦИОННЫХ РЕСУРСОВ ДЛЯ СМЯГЧЕНИЯ ПОСЛЕДСТВИЙ БЕДСТВИЙ И ОСУЩЕСТВЛЕНИЯ ОПЕРАЦИЙ ПО ОКАЗАНИЮ ПОМОЩИ> [англ.](Заключена в г. Тампере 18.06.1998)
TAMPERE CONVENTION
ON THE PROVISION OF TELECOMMUNICATION
RESOURCES
FOR DISASTER MITIGATION AND RELIEF OPERATIONS
(Tampere,
18.VI.1998)
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,
further recalling
the essential role of
telecommunication resources in facilitating the safety of humanitarian relief
and assistance personnel,
further recalling
the vital role of
broadcasting in disseminating accurate disaster information to at-risk
populations,
convinced
that the effective, timely deployment of
telecommunication resources and that rapid, efficient, accurate and truthful
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,
aware
of the special needs of the
disaster-prone least developed countries for technical assistance to develop
telecommunication resources for disaster mitigation and relief operations,
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 (Geneva, 1990), addressing the power of
telecommunication systems in disaster recovery and response,
further
noting
the urgent call found in the Tampere Declaration on Disaster
Communications (Tampere, 1991) for reliable telecommunication systems for
disaster mitigation and disaster relief operations, and for an international
Convention on Disaster Communications to facilitate such systems,
further
noting
United Nations General Assembly Resolution 44/236, designating
1990 - 2000 the International Decade for Natural Disaster Reduction, and
Resolution 46/182, calling for strengthened international coordination of
humanitarian emergency assistance,
further noting
the prominent
role given to communication resources in the Yokohama Strategy and Plan of
Action for a Safer World, adopted by the World Conference on Natural Disaster
Reduction (Yokohama, 1994),
further noting
Resolution 7 of the
World Telecommunication Development Conference (Buenos Aires, 1994), endorsed by
Resolution 36 of the Plenipotentiary Conference of the International
Telecommunication Union (Kyoto, 1994), urging governments 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,
further noting
Resolution 644 of the
World Radiocommunication Conference (Geneva, 1997), urging governments to give
their full support to the adoption of this Convention and to its national
implementation,
further noting
Resolution 19 of the World
Telecommunication Development Conference (Valletta, 1998), urging governments to
continue their examination of this Convention with a view to considering giving
their full support to its adoption,
further noting
United Nations
General Assembly Resolution 51/94, encouraging the development of a transparent
and timely procedure for implementing effective disaster relief coordination
arrangements, and of ReliefWeb as the global information system for the
dissemination of reliable and timely information on emergencies and natural
disasters,
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,
intergovernmental, 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
by the context in which they are used, the terms set out below shall have the
following meanings for the purposes of this Convention:
1. "State Party"
means a State which has agreed to be bound by this Convention.
2.
"Assisting State Party" means a State Party to this Convention providing
telecommunication assistance pursuant hereto.
3. "Requesting State Party"
means a State Party to this Convention requesting telecommunication assistance
pursuant hereto.
4. "This Convention" means the Tampere Convention on the
Provision of Telecommunication Resources for Disaster Mitigation and Relief
Operations.
5. "The depositary" means the depositary for this Convention,
as set forth in Article 16.
6. "Disaster" means a serious disruption of
the functioning of 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.
7. "Disaster mitigation" means measures designed to
prevent, predict, prepare for, respond to, monitor and/or mitigate the impact
of, disasters.
8. "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.
9. "Natural hazard" means an event or process, such as an
earthquake, fire, flood, wind, landslide, avalanche, cyclone, tsunami, insect
infestation, drought or volcanic eruption, which has the potential for
triggering a disaster.
10. "Non-governmental organization" means any
organization, including private and corporate entities, other than a State or
governmental or intergovernmental organization, concerned with disaster
mitigation and relief and/or the provision of telecommunication resources for
disaster mitigation and relief.
11. "Non-State entity" means any entity,
other than a State, including non-governmental organizations and the Red Cross
and Red Crescent Movement, concerned with disaster mitigation and relief and/or
the provision of telecommunication resources for disaster mitigation and
relief.
12. "Relief operations" means those activities designed to reduce
loss of life, human suffering and damage to property and/or the environment
caused by a disaster.
13. "Telecommunication assistance" means the
provision of telecommunication resources or other resources or support intended
to facilitate the use of telecommunication resources.
14.
"Telecommunication resources" means personnel, equipment, materials,
information, training, radio-frequency spectrum, network or transmission
capacity or other resources necessary to telecommunications.
15.
"Telecommunications" means any transmission, emission, or reception of signs,
signals, writing, images, sounds or intelligence of any nature, by wire, radio,
optical fibre or other electromagnetic system.
Article
2
Coordination
1. The United Nations Emergency Relief Coordinator shall
be the operational coordinator for this Convention and shall execute the
responsibilities of the operational coordinator identified in Articles 3, 4, 6,
7, 8, and 9.
2. The operational coordinator shall seek the cooperation of
other appropriate United Nations agencies, particularly the International
Telecommunication Union, to assist it in fulfilling the objectives of this
Convention, and, in particular, those responsibilities identified in Articles 8
and 9, and to provide necessary technical support, consistent with the purposes
of those agencies.
3. The responsibilities of the operational coordinator
under this Convention shall be limited to coordination activities of an
international nature.
Article 3
General Provisions
1. The States
Parties shall cooperate among themselves and with non-State entities and
intergovernmental 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 information concerning 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, non-State entities and intergovernmental 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 resources to be used by humanitarian
relief and assistance organizations.
3. To facilitate such use, the
States Parties may conclude additional multinational or bilateral agreements or
arrangements.
4. The States Parties request the operational coordinator,
in consultation with the International Telecommunication Union, the depositary,
and other relevant United Nations entities and intergovernmental and
non-governmental organizations, 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
multinational or bilateral agreements facilitating the provision of
telecommunication resources for disaster mitigation and relief;
b) make
available model agreements, best practices and other relevant information to
States Parties, other States, non-State entities and intergovernmental
organizations concerning the provision of telecommunication resources for
disaster mitigation and relief, by electronic means and other appropriate
mechanisms;
c) develop, operate, and maintain information collection and
dissemination procedures and systems necessary for the implementation of the
Convention; and
d) 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 organizations, non-State entities and
intergovernmental organizations to establish mechanisms for training in the
handling and operation of equipment, and instruction courses in the development,
design and construction of emergency telecommunication facilities for disaster
prevention, monitoring and mitigation.
Article 4
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.
If the request is made through the operational coordinator, the operational
coordinator shall immediately disseminate this information to all other
appropriate States Parties. If the request is made directly to another State
Party, the requesting State Party shall inform the operational coordinator as
soon as possible.
2. A State Party requesting telecommunication
assistance shall specify the scope and type of assistance required and those
measures taken pursuant to Articles 5 and 9 of this Convention, and, when
practicable, provide the State Party to which the request is directed and/or the
operational coordinator with any other information 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 otherwise, and the scope of, and terms, conditions,
restrictions and cost, if any, applicable to such assistance.
4. Each
State Party determining to provide telecommunication assistance shall so inform
the operational coordinator as soon as possible.
5. No telecommunication
assistance shall be provided 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
pursuant to this Convention in accordance with the requesting State Party"s
existing national law and policy.
6. The States Parties recognize the
right of requesting States Parties to request telecommunication assistance
directly from non-State entities and intergovernmental organizations, and the
right of non-State entities and intergovernmental organizations, pursuant to the
laws to which they are subject, to provide telecommunication assistance to
requesting States Parties pursuant to this Article.
7. A non-State entity
or intergovernmental organization may not be a "requesting State Party" and may
not request telecommunication assistance under this Convention.
8.
Nothing in this Convention shall interfere with the right of a State Party,
under its national law, to direct, control, coordinate and supervise
telecommunication assistance provided under this Convention within its
territory.
Article 5
Privileges, Immunities, and Facilities
1. The
requesting State Party shall, to the extent permitted by its national law,
afford to persons, other than its nationals, and to organizations, other than
those headquartered or domiciled within its territory, who act pursuant to this
Convention to provide telecommunication
