Practice Relating to the Prohibition of Certain Types of Landmines
El Salvador’s Penal Code (1997), as amended to 2004, states:
Any person who uses, develops, produces, otherwise acquires, stockpiles, retains or transfers to anyone one or more anti-personnel mines shall be sanctioned with five to ten years’ imprisonment.
Any person who assists or induces anyone to engage in any activity prohibited above shall be sanctioned with two to four years’ imprisonment.
Notwithstanding the general obligations under previous provisions, the Armed Forces shall be authorized to retain or transfer a minimum number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques.
The transfer of anti-personnel mines for the purpose of destruction is permitted. The procedure for such transfer shall be ruled by the Regulations to the Law on Control and Regulation of Firearms, Ammunition, Explosives and Similar Items.
“Anti-personnel mine” means an explosive artifact 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 and that will incapacitate, injure or kill one or more persons.
The interpretation of this article shall be done in accordance with the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, 18 September 1997.
In September 1996, El Salvador joined with other Central American nations in declaring the region a mine-free zone in a joint statement signed by each nation’s Foreign Minister, committing to no production, trade or use of anti-personnel landmines. El Salvador endorsed the Final Declaration of the Brussels Conference on Anti-personnel Landmines in June 1997 and was a full participant in the Oslo negotiations in September 1997 which led to the adoption of a treaty banning anti-personnel landmines. El Salvador also voted in favour the UN General Assembly resolutions in support of a ban on anti-personnel landmines in 1996, 1997 and 1998, as well as the relevant OAS resolutions.