Legislation against the use of chemical weapons approved

By Linda Straker

NOT only has Grenada signed and ratified the United Nations Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, but it has adopted it into national law.

This Convention, which was enforced into international law since 1997, aims to eliminate an entire category of weapons of mass destruction by prohibiting the development, production, acquisition, stockpiling, retention, transfer or use of chemical weapons by States Parties.

Once the Bill has gone through the necessary parliamentary approval from both Houses of Parliament, Government will then establish a National Authority whose function and responsibilities shall include to supervise the domestic implementation of the convention and to perform any tasks that may be required by the minister pursuant to the convention.

“The National Authority shall have all such powers as may be necessary for, or in connection with or reasonably incidental to the performance of its functions under the Act and may co-opt one or more persons to attend a particular meeting of the Authority for the purpose of assisting or addressing the Authority,” said the explanatory notes to the Bill.

Under the law a person who uses; develops, produces, otherwise acquires, stockpiles, or retains; participates in the transfer of, directly or indirectly; engages in military preparation, or in preparations of a military nature to use; participates as an accomplice, attempt, assist, encourage, induce in any way anyone to engage in any activity involving chemical weapons, commits an offence and is liable to imprisonment for life.

A person commits an offence if he or she used a riot control agent as a method of warfare and can be imprisoned for no more than ten years. When a person has been convicted of an offence under the Chemical Weapons Act, anything seized by means of which or in respect of which the offence was committed can be forfeited by the Court.

Provision is made for limited use in the area of industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes. If a national inspector has reasonable grounds to believe that there maybe chemical weapons on any premises, he will have to seek the consent of the occupier or where that permission cannot be obtained an application can be done through a magistrate.