Non State Actors Roundtable

Author/Origin: Liz Bernstein media@icbl.org

(Sunday 22 September 2002 Geneva, Switzerland) The ICBL’s Non-State Actors Working Group, together with Geneva Call, organised a roundtable discussion 17 September on the sidelines of the Fourth Meeting of States Parties.

The meeting was well attended with around 90 participants. The chair of the meeting, David Atwood (Quaker Service) introduced the session by noting that to achieve universalisation of the Mine Ban Treaty we increasingly need the inclusion of non-state actors (NSAs) and that there is a need for constructive dialogue. The panel of speakers represents the type of future dialogue that is possible, he said.

The panellists at the event were:

• Elisabeth Decrey-Reusse, Geneva Call and ICBL NSA Working Group;
• Bob van den Boos – from the Netherlands and member of the European Parliament, Chair of the European Parliament Working Group on Landmines.
• Frank Cimafranca – Republic of the Philippines;
• Al Haj Murad – Moro Islamic Liberation Front (MILF);
• Dr Sulafeldin Salih Mohamed – Republic of Sudan;
• Edward Abyei Lino – SPLM/A;
• Abdul Rezzak Mirza – Kurdistan Region Government – Sulaimani.

The aims of the roundtable discussion were to:

• promote States awareness of the importance of engaging NSAs to reach the goals of universalisation and implementation of the mine ban;
• inform and discuss on the strategies, approaches and progress in engaging NSAs;
• encourage States and NSAs to support the efforts made by the ICBL NSA Working Group and Geneva Call to engage NSAs in a landmine ban.

It was agreed at the outset that comments made in the meeting were non-attributable and off-the-record. In the opening statements by the ICBL NSA Working Group and Geneva Call the following points were made:

• The people affected by landmines on land in control of NSAs also need assistance;
• 40 NSAs were reported to have used mines in 2001 – 2002;
• governments have used activities of NSAs as an excuse of not acceding to the Mine Ban Treaty;
• Geneva Call has generated a mechanism in the Deed of Commitment whereby NSAs agree to stop the use of landmines and to destroy their stockpiles. Five NSAs have signed the Deed of Commitment so far. These include the Sudanese People’s Liberation Army (SPLA), the Moro Islamic Liberation Front (MILF) and the Kurdistan Regional Government.

Bob van den Boos then spoke and noted that the European Parliament has been engaged in the anti-personnel landmine (APM) ban campaign for over 10 years and now has a formal policy. European Union members have destroyed their APM stockpiles, no longer produce APMs and no longer export APMs. The European Parliament deplores the fact that Finland has not signed the Mine Ban Treaty, holding that it is too expensive to remove existing minefields. Bob urged Finland to sign as a first step and urged Finland and the USA to accede to the Mine Ban Treaty. The EU is active in mine action. It contributed US$152 million in 2001. The EU have called for the maintenance of funding, being aware that Landmine Monitor has reported this year that funding is stagnating.

NSAs can be part of the problem and should be part of the solution. This roundtable does not give legitimacy to NSAs of their activities and there is a need for constant vigilance on this issue.

A strategy dealing with NSAs should be an issue for the European Union Parliament he said, promising to carry messages to the European Union Parliament.

Points from Panel of Speakers

• To universalise the ban must involve NSAs. Most conflicts in recent years have been internal conflicts. Many governments have not had the political will to engage in this process, for fear of giving legitimacy to NSAs. There are lingering concerns for States in trusting NSA commitments that have no legal standing.
• NSAs have found that after signing the Deed of Commitment they have been able to adopt alternative tactics to defend their positions.
• There is a need for better monitoring and implementation of the Deed of Commitment and the Mine Ban Treaty. Verification in the process is very difficult. There are few sanctions, no provisions in International Humanitarian Law for NSAs and so compliance is left to the good will of the NSAs.
• One speaker felt the internationalisation of the approach is still limited.
• To NGOs working in this field, when it comes to cross border work, there is a need to be even-handed. NGO workers need to be more sensitive than States.
• Governments and NSAs must discuss the issue together and with NGOs. Donors must know that something tangible is coming out of the efforts.
• Common concern among speakers was that civilians were the main victims of landmines. Conflicts can be created between families over land as a result of a shortage of land generated by landmines.

Questions and Comments

1. ICBL and NSA Working Group were commended for bringing together those who sometimes believe that they can’t speak together such as the Filipino and Sudanese representatives.

   Now there is co-operation between governments and NSAs because they realise the need. All sides are fighting for a homeland, not a mined land.

   The Deed of Commitment signed in Sudan led to mine action and has led to EU support. “There is no need to wait for peace to save the lives of innocent people in conflict. Mines should be depoliticised.”

2. There is a need to look at the consistency of the Deed of Commitment with other international law. For example, the CCW states parties have agreed to extend the scope of the Convention to cover internal conflicts.
3. What efforts are being made to engage with NSAs?
4. Do the speakers have any ideas or experience that would help other countries?

Sol Santos from the NSA Working Group made some concluding points and highlighted the importance of giving priority to those NSAs that are using, producing stockpiling or transferring landmines. It cannot cover all NSAs at this point. Even among the NSAs that they are approaching, priority is given to those more inclined to move to a total ban. Adherence and accountability are being developed.

NSA Working group is asking those groups that have already signed the Deed of Commitment to promote it to other NSAs (see the new clause in the Deed). This is especially where an NSA may share ideology or religious affiliation with another NSA that has not signed the Deed.

New areas, such as stopping the use of torture or child soldiers, are being developed for agreement between governments and NSAs, but are still a long way off.

Other Points

• Geneva Call is organising a conference with women in NSAs to ask them about their position on landmines, child soldiers and rape.
• There is a need to convince those under the control of NSAs to comply with the Deed of Commitment. There is a need for openness to the experience of others. A focus should be on taking the message to the people on the ground. NSAs have a role to dialogue among one another.
• Geneva Call will aim to work with both the government and the NSA, as in all situations, and encourage the co-operation of both in the fulfilment of the Deed of Commitment.