Statement Made by the ICBL Non-State Actors Working Group on the Draft Action Plan

The International Campaign to Ban Landmines (ICBL) Non-State Actors Working Group would like to ask this august body to give new life and deeper meaning to the words and text of the Draft Action Plan by taking into account the context of conflict areas where armed non-state actors (NSAs) operate and where NSAs are mine users, producers and victims as well.

But first, we would like to acknowledge the many interventions on the floor from various governments that have reiterated the need to address NSAs if we are to truly universalize the mine ban. The recognition of the importance to address the NSA dimension was heard in today’s deliberations as well as yesterday and last Sunday, at the opening Ceremony, in the speech made by His Excellency, the Kenyan president.

We also acknowledge the significant provisions in the Draft Action Plan that would apply to the NSA dimension of the global mine ban problem.

In particular, we would like to call attention to Action Points Nos. 5 and 7 on Universalization; Action Plan No. 19 on Clearing Mined Areas; Action Plan No. 46 on Cooperation on Mine Action; and Action Plan No. 64 on Prevention and Suppression of Prohibited Acts.

On ActionPointNo. 5, we are pleased to note the inclusion of peace processes among the avenues where States are urged to “(S)eize every opportunity to promote adherence to the Convention.” This is definitely a new element not found in previous declarations of States on the Convention. The experience of our country campaigns have shown how engagement of NSAs toward a mine ban and mine action has been greatly facilitated in the context of peace processes. At the same time, mine ban and mine action have supported confidence-building and peace process initiatives. Peace and ceasefire agreements moreover potentially provide mechanisms for compliance, monitoring and extracting accountability form NSAs on the matter of mine use and mine action.

On Action Point No. 7, “Continue promoting universal observance on the Convention’s norms, by condemning, and taking appropriate steps to end the use, stockpiling, production and transfer of APMs by armed non-state actors.” Here we would like to include among the appropriate steps to be undertaken the pursuit of conflict resolution measures, and the encouragement of efforts by country campaigns and NGOs to engage NSAs. This kind of support from States will assist country campaigners working on the ground in very difficult and dangerous circumstances. State understanding and support will at the least provide a measure of physical security to campaigners taking the extra steps to reach out and secure NSA cooperation.

I would like to add that the Philippine government (my government) would be making an enunciation of the importance of this support in its statement later.

On ActionPointNo. 19 calling on States to “(U)rgently develop and implement national plans, using a process that involves, where relevant, local actors and mine-affected communities….” Here, we would like to call attention to the fact that “local actors” can include NSAs. The experience in Sudan and Sri Lanka where cooperative mine action plans between the State and the NSAs have progressed significantly has provided some kind of a model showing the advantages of this approach of including all relevant actors in the development of mine action programs and plans.

On Section IV, Assisting the Victims, we ask you to include in this aspect the fact of NSAs being mine victims as well. They have become victims not only of State mines but also of their own mines. In our experience in some conflict countries, NSAs being killed by their own mines was a powerful argument to make them re-think their own use and production of mines.

On Action Point No. 46, Cooperation and Assistance, asking States to “(C)ontinue to support, as appropriate, mine action to assist affected population in areas under the control of non-state armed actors, particularly in areas under the control of actors which have agreed to abide by the Convention’s norms.” We reiterate the importance of this kind of cooperation and assistance on mine action involving NSAs. Again, our experience, notably in Sudan and Sri Lanka, has shown that such international assistance has not only facilitated mine clearance, but effectively and importantly, the return of internally displaced peoples to their communities.

Finally, on Action Point. No. 64, Prevention and Suppression of Prohibited Acts and Monitoring Compliance, we acknowledge the authority and responsibility of States to impose the provisions of the Convention. At the same time we ask that punitive action be complemented by positive action such as by facilitating and supporting our country campaigns, civil society, and NGOs in their efforts to secure mine ban and mine action commitments from armed non-state actors operating in conflict-affected communities.

Thank you, Mr. President.