Author/Origin: Liz Bernstein media@icbl.org |
(Tuesday 17 September 2002 Geneva, Switzerland) ICBL Statement to the 4MSP to the 1997 Mine Ban Treaty delivered by Stephen Goose (Human Rights Watch), Head of ICBL Delegation
Mr. President, distinguished delegates,
I speak on behalf of the more than 1,400 NGOs in more than 90 countries that constitute the ICBL. We attach special importance to this Fourth Meeting of States Parties, in that it comes five years after the completion of the negotiations and adoption of the Mine Ban Treaty in Oslo. I think that it is safe to say that few if any envisioned in September 1997 that we would be where we are today.
On 18 September 1997, when President Selebi of South Africa gaveled the negotiations closed, the ICBL hailed the Mine Ban Treaty as a “gift to humanity.” Since that day, three-quarters of the world’s nations have formally committed to the Mine Ban Treaty (also known as the Ottawa Convention), and many other nations are poised to join in the near future. Since that day, some 30 million stockpiled antipersonnel mines have been destroyed. Since that day, not a single nation has openly traded antipersonnel mines, and it appears that fewer than a dozen countries have produced antipersonnel mines.
Far fewer governments are now using antipersonnel mines. Global funding for mine action programs over the past five years totaled more than $1 billion, or more than three times that of the previous five years. The number of new mine victims each year has significantly decreased in some of the most mine-affected countries.
We have changed the reality on the ground, which is of course the most meaningful measure of the success of the Mine Ban Treaty. But there are related accomplishments worth noting. Working together, the ICBL and pro-ban governments have created the groundbreaking and unique Landmine Monitor system, and the innovative intersessional work program, as well as the Global Landmine Impact Survey initiative. Effective implementation of the Mine Ban Treaty has been greatly enhanced by the creation of the Coordination Committee and the Implementation Support Unit, as well as the Universalization Contact Group, the Article 7/Article 9 Contact Group, and the Sponsorship Program.
We have maintained and even intensified the government-NGO partnership that characterized the Ottawa Process and was key to the success of the September 1997 negotiations, as well as to the awarding of the 1997 Nobel Peace Prize to the ICBL and its then-coordinator Jody Williams. We have shown that a new diplomacy, based on humanitarian imperatives, and driven by government-civil society cooperation, can succeed.
Few if any developments in the international humanitarian and security fields can point to such a record of progress and concrete impact. But we must not become complacent at this point, as the work is far from over. Last year, we told States Parties: “Landmines continue to take an appalling number of innocent lives. Landmines continue to pose a crippling humanitarian and socio-economic problem in too many countries. Too many governments and rebel groups continue to use antipersonnel mines, with too little outcry from the rest of the world.” Regrettably, this litany of woes is still true today.
Ninety countries are still affected to some degree by landmines and unexploded ordnance (UXO). Landmine Monitor recorded new landmine/UXO casualties in 69 countries in 2001. We estimate there were 15-20,000 new landmine/UXO casualties last year, adding yet more to the total number of survivors who need long-term assistance. In the past year, India and Pakistan have engaged in some of the biggest mine-laying operations anywhere in the world since 1997, and perhaps in decades.
And the pace of progress has slowed in some important respects. Even with the recent good news about Afghanistan, Comoros and Central African Republic, only six new States Parties have been added thus far in 2002, compared to 13 in 2001 and 19 in 2000. Global mine action funding stagnated, or fell slightly, in 2001, the first time in a decade that a significant increase has not been registered. It is increasingly evident that at current levels of funding and demining, many mine-affected States Parties will not meet the ten-year deadline for completion of mine clearance.
If we are to accomplish the humanitarian objectives of the Mine Ban Treaty, it is crucial that the treaty continues to be given high priority, that the political will remains strong and that financial commitments are sustained.
In terms of specific matters we anticipate States Parties will consider this week, we strongly urge States Parties to endorse the Standing Committee reports and to act urgently on their recommendations. We encourage States Parties to expand their support to the Sponsorship Program, which has contributed to both effective implementation and universalization of the Mine Ban Treaty. We encourage States Parties to embrace the suggestions in the Article 7 Paper, including greater use of the supplementary information category and voluntary Form J, and electronic submission of Article 7 reports.
The ICBL enthusiastically supports the offer of Thailand to host the Fifth Meeting of States Parties. We stress the importance of early and thorough preparations for the first Review Conference of the Mine Ban Treaty in 2004; we are pleased to see from the President’s paper that these preparations will be carried out in a transparent and inclusive fashion, with participation from the ICBL and ICRC.
I would like now to turn to a number of issues areas, highlighting Landmine Monitor findings, our observations, and concerns for each. First, universalization, then state party compliance, and use by those not party to the treaty.
We welcome Nigeria, Algeria, DR Congo, Suriname, Angola, and, as of last week, Afghanistan, and, as we were told Monday, Central African Republic and Comoros, as new members since we met in Managua for the Third Meeting of States Parties. It is particularly notable that Afghanistan, Angola and DR Congo, all of which used antipersonnel mines in the recent past, have now committed themselves to complete rejection of the weapon. The addition of these seriously mine-affected States is very significant in demonstrating the ever-growing acceptance of a total mine ban.
Nearly 20 countries have indicated their intention to ratify or accede to the Mine Ban Treaty in the near future, including Burundi, Cameroon, Cyprus, East Timor, Gambia, Greece, Guyana, Haiti, Indonesia, Turkey and Yugoslavia.
With respect to last year’s allegation regarding use by Uganda, we have been pleased that Uganda has taken the allegation seriously, and informed States Parties in both intersessional meetings in 2002 of its intention to investigate the matter, in the spirit of openness and cooperation called for in the Mine Ban Treaty. We look forward to further updates regarding progress on this matter.
Another matter of great concern regarding compliance involves Tajikistan. This was first raised by ICBL last year, but has apparently gone largely ignored by most States Parties. We reported last year that Russian forces based in Tajikistan have laid antipersonnel mines inside Tajikistan, along Tajikistan’s border with Afghanistan. A Russian Foreign Ministry letter to Landmine Monitor stated that the mine laying took place after May 2000, even though the Mine Ban Treaty entered into force for Tajikistan in April 2000. In December 2001 a senior Russian Federal Border Service official said the mine laying took place with the full knowledge and consent of the Tajik government. This would seemingly constitute a violation of Tajikistan’s obligation under Article 1 not to “assist, encourage or induce, in any way, anyone to engage in any activity prohibited to a State Party.” The government of Tajikistan has not responded to Landmine Monitor inquiries about this matter over the past two years.
Moreover, Tajikistan has not met its Mine Ban Treaty requirements to submit transparency reports and to adopt national implementation measures. It has not started or planned for stockpile destruction, which must be completed by 1 April 2004.
This is all particularly disturbing because Tajikistan’s status as one of the few States Parties in its region is very important. The ICBL encourages Tajikistan to discuss its difficulties in implementing the Mine Ban Treaty in an open and transparent manner. It is essential that Tajikistan make every effort to come into compliance as soon as possible. Tajikistan will benefit, and the Mine Ban Treaty will be stronger, for it.
The ICBL urges States Parties to consult with the Tajik government to seek clarification and establish the facts regarding compliance with the Mine Ban Treaty. This should be done in the “spirit of cooperation” called for in the treaty’s Article 8, under which States Parties have agreed to “consult and cooperate with each other” to facilitate compliance with obligations.
A general compliance concern is late Article 7 reporting. Article 7 reports are not optional and 180 days after entry into force is a legal deadline, not a target date. As of 6 September 2002, a total of 28 States Parties were late submitting their initial Article 7 transparency measures reports. Some of these reports are more than three years late. About 22% of States Parties have failed to meet this treaty obligation, though it should be noted that percentage is a marked improvement from a year ago, when 37% were late. Those States Parties who have complied, as well as the members of the Article 7 contact group who have facilitated compliance, are to be commended.
Finally, it is worth noting at this time that there appears to be a small number of States Parties that may have difficulty meeting the four-year deadline for completion of stockpile destruction. Seventeen States Parties have yet to begin the destruction process, several of which have deadlines in 2003, including two in March 2003 (Djibouti and FYR Macedonia). Djibouti is the only State Party with a 1 March 2003 deadline that has not begun destruction and has not submitted an Article 7 Report or otherwise revealed information about its stockpiles or destruction plans. FYR Macedonia reportedly has a plan in place. We are also concerned about Turkmenistan, which has a deadline of March 2003. Turkmenistan has begun destruction, but reported a stockpile of nearly 762,000 mines as of 1 October 2001 and asked for a seven-year extension of the deadline. When told there is no provision for extension in the treaty, it said it intended to meet the deadline, but this bears further consultations by States Parties. And, as just noted, we are concerned about the situation of Tajikistan, which has a 1 April 2004 deadline.
We once again call for some sort of informal mechanism or process that will ensure a consistent and strong response to instances of use of antipersonnel mines by non-States Parties and by rebel groups.
In its latest reporting period, since May 2001, Landmine Monitor identified confirmed use of antipersonnel mines, or compelling evidence of use of antipersonnel mines, by nine governments. Most disturbingly, the massive new mine-laying operations by India and Pakistan likely mean that more mines went into the ground than in the previous reporting period. The ICBL has repeatedly condemned these operations, which have caused numerous civilian casualties, and we have called on India and Pakistan to stop laying mines. There was also extensive ongoing use of antipersonnel mines by the governments of Myanmar and Russia (in Chechnya), and lesser-scale ongoing use by Nepal and Somalia. In addition, despite a declared use moratorium in place since 1996, Georgian forces apparently laid antipersonnel mines in the reporting period.
In Afghanistan, there were reports of limited use of mines and booby-traps by Taliban and Al-Qaeda fighters, as well as the Northern Alliance. There were no instances of use of antipersonnel mines by the United States or coalition forces.
With regard to Mine Ban Treaty signatories, who are obligated under international law to no longer use antipersonnel mines, Landmine Monitor has continued to receive troubling accounts of ongoing use of antipersonnel mines inside Burundi by both government and rebel forces, and in the DR Congo by the Burundi Army. The government strongly denies these allegations and Landmine Monitor has been unable to establish the facts independently. We urge States Parties to respond to Burundi’s invitation to send an observer mission. In Sudan, the signatory government and rebel forces have exchanged accusations of ongoing mine use, with denials by both sides.
Despite these instances and allegations of use, the trend is clearly toward widespread international rejection of any use or possession of antipersonnel mines. Indeed, one of the most encouraging findings of this year’s Landmine Monitor Report is the cessation of mine use in key countries. The use by nine governments in this reporting period compares to use by at least 13 governments in the previous reporting period. Mine use has halted in several countries where it has been most widespread in recent years, including Angola (since the April 2002 peace agreement) and Sri Lanka (since a cease-fire in December 2001). Also, in contrast to the previous reporting period, Landmine Monitor has not recorded new mine use by the governments of DR Congo, Israel, and Kyrgyzstan.
Landmine Monitor found solid evidence of use of antipersonnel mines by non-state actors based in fourteen countries, compared to eighteen last year. As with the governments, rebel use stopped in 2002 in Angola and Sri Lanka. Moreover, unlike last year, Landmine Monitor received no new allegations of use by rebels in FYR Macedonia, Senegal, and Uganda.
A total of 115 Landmine Monitor researchers in 90 countries systematically collected and analyzed information from a wide variety of sources for this comprehensive report. Their names are listed at the beginning of the report. We would like to thank thirteen States Parties—Australia, Austria, Belgium, Canada, Denmark, France, Germany, Italy, Netherlands, Norway, Sweden, Switzerland, and the United Kingdom--as well as the European Commission, for funding the Landmine Monitor initiative this year.
The Monitor reflects our shared view that transparency and cooperation are essential elements to the successful elimination of antipersonnel mines, but also the recognition that there is a need for independent reporting and evaluation. We welcome comments, clarifications, and corrections from governments and others, in the spirit of dialogue and in the search for accurate and reliable information necessary to reach the goal of a mine-free world. It is our practice to include official responses to the Landmine Monitor from governments in the report itself, and to post them in their entirety on our web site.
We would like to note the important role played by the Implementation Support Unit since its establishment in January. It has contributed significantly to ensuring better preparations and follow-up, thereby enabling States Parties, the ICBL and others to better achieve concrete results.
The ICBL looks forward to working closely with the co-chairs and co-rapporteurs, and the ISU, during the coming year.
We will intervene on Wednesday and Thursday with our observations and concerns regarding the matters before each of the four Standing Committees, but would like to make a few remarks today.
We again call on governments of mine-affected countries to set up a disability coordination body, to select a method of planning and follow through with it. Make sure the coordination body has representatives from the community of disabled persons and landmine victims. Make sure it leads to a plan of action, not only more actions to plan.
We still do not have enough information to give a truly comprehensive progress report on victim assistance. We again urge all donors and mine-affected countries to use Article 7 Form J to report on Victim Assistance. It will benefit the survivors who are still waiting for the promise of the Mine Ban Treaty to come true.
The ICBL has stressed that increased, flexible, long-term funding is needed. In this regard, we were encouraged by Norway’s pledge at the Oslo conference last week to at least maintain funding over the next five years at a level similar to the past five years, and Norway’s proposal on Monday to establish a resource mobilization contact group.
Aside from funding, other key needs include more information, and more appropriate information, for decision-making, priority setting and tasking in humanitarian mine clearance operations; this puts an emphasis on completion of Landmine Impact Surveys. National strategic mine action plans are also important. These plans should be linked to the treaty deadline, and should also be closely linked to broader development efforts in order to improve the socio-economic situation of mine-affected communities.
Second, looming ever larger and more urgent are the Article 1 issues related to interpretation of “assist,” joint military operations with States that may use antipersonnel mines, and foreign transit and stockpiling of antipersonnel mines. The coalition fight in Afghanistan heightened our long-standing concerns, and the possibility of a war on Iraq, where the U.S. used antipersonnel mines in 1991, raises them even further.
This is by no means a problem limited to possible operations with the United States. As already noted, there are significant questions regarding Tajikistan, and the use of antipersonnel mines by Russian forces stationed in Tajikistan. In addition, the ICBL is concerned about the position of Rwanda, whose forces cooperate closely with the RCD rebels in the Democratic Republic of Congo. In 2002, RCD rebels admitted ongoing use of antipersonnel mines.
The ICBL believes that any type of assistance to or participation in joint operations with an armed force that is using antipersonnel mines is clearly against the spirit of the Mine Ban Treaty, and possibly a violation of Article 1 obligations. The ICBL calls on State Parties to insist that non-signatories do not use antipersonnel mines in joint operations, and to refuse to take part in any joint operations that involve use of antipersonnel mines.
With regard to interpretation of “assist,” full and effective implementation of the treaty will be enhanced if States Parties are clear and consistent with regard to what acts, if any, are permitted and what acts are prohibited. It appears that various States Parties may have significantly different understandings about what acts, if any, are permitted.
We note that the Standing Committee on General Status has recommended that further consultations be undertaken with a view to reaching a common understanding of the interpretation of Article 1C, and encourages States Parties to inform the Standing Committee of their national views and practices.
Third, we remain frustrated by the relatively few statements of fact or policy or legal interpretation regarding the issue of antivehicle mines with sensitive fuzes or antihandling devices. We appreciate the increased clarity offered by a number of States Parties, but too few have weighed in. In particular, only a very small number of States Parties have heeded the recommendation that came forth from the last meeting of States Parties that governments should review the antivehicle mines in their inventories to ensure the risk posed to civilians is minimized. Not enough work has been done to identify which antivehicle mines with what types of sensitive fuzes or antihandling devices are captured by the Mine Ban Treaty, or even to reach a common understanding regarding possible best practices regarding such mines of concern. The inconsistency and ambiguity of State practice on this issue undermines the integrity of the treaty.
We note that although this issue has been raised at every Meeting of States Parties and every intersessional meeting since entry into force, only five governments have publicly stated a position contrary to the dominant view that antivehicle mines with sensitive antihandling devices that can explode from an unintentional act of a person are banned by the treaty.
Fourth, we are pleased with the exchange of information in the GSOC Standing Committee about antipersonnel mines retained under Article 3 for training or development purposes, and the common understanding, if not quite 100% consensus, that the number retained should be in the hundreds or thousands, but not tens of thousands. We are especially pleased that several States Parties have decided to reduce the number of mines they intend to retain. But, we have concerns about the number of mines retained by some States Parties. We have in the past questioned why Brazil needed to keep 17,000 mines, more than any other State Party at the time. In a new development, Chile stated in its very recent initial Article 7 Report that it intends to keep about 28,000 antipersonnel mines. This number is clearly out of line with that of other States Parties, and surely cannot be justified on the basis of training and development needs. The ICBL calls on Chile to revise this number downward as soon as possible. Likewise, we are concerned that Bangladesh in its recent initial Article 7 Report states it will keep 15,000 mines. We are also concerned about Zambia’s decision to retain its entire stockpile of 6,691 antipersonnel mines, and to destroy none.
According to Article 7 reporting, for the most part, few of the mines being retained are being consumed (that is, expended or destroyed) each year. In fact, some States Parties retaining mines have not consumed a single mine in training or research activities since reporting started in 1999.
We note that several States Parties have responded to the ICBL’s call to include in Article 7 reporting information regarding the intended purpose and actual use of mines retained for training or development, and we urge other States Parties to follow suit. The GSOC Standing Committee has also encouraged this. In this way, there will be greater clarity and consistency regarding appropriate and necessary requirements for retaining mines. The ICBL continues to question the need for live mines for training purposes, a position publicly shared by a number of States Parties.
Finally, with regard to national implementation measures, we note that while progress is being made, a disturbingly small number of states have passed domestic laws implementing the Mine Ban Treaty – 35 by our count, compared to 29 last year. Another 20 countries report that steps to enact legislation or other measures are underway. We urge all States Parties to pass legislation or adopt other legally binding measures that would impose penal sanctions for any potential future violations of the treaty, and would provide for full implementation of all aspects of the treaty. The ICBL supported the decision taken at the May 2002 intersessional meeting to expand the work of the Article 7 contact group to include efforts related to Article 9, and we will continue our work to encourage and facilitate the development and enactment of national legislation and other effective implementation measures.
We can all be justifiably pleased with the accomplishments of the past five years. We have made great strides in fulfilling the hopes generated by the Ottawa Process and the Oslo negotiations, so widely praised as a “new diplomacy” characterized above all by the partnership between governments and NGOs, a “new diplomacy” carried out in non-traditional ways, and not dictated by so-called bigger powers.
But it should be clear to all that the challenges of the coming years are enormous: the challenges of universalizing the Mine Ban Treaty; of ensuring deadlines for stockpile destruction and mine clearance are met; of ensuring the needs of mine survivors are better met;