ICBL Statement on National Implementation Measures (Article 9)

Standing Committee on General Status and Operation of the Convention
25 May 2009
Delivered by Tamar Gabelnick, ICBL Treaty Implementation Director

Thank you Mr. Co-Chair,

Article 9 of the Mine Ban Treaty is intended to ensure compliance with the treaty's prohibitions on antipersonnel mines, which is why it is deeply troubling that 10 years after the entry into force of the treaty only 59 States Parties have adopted national implementation measures. Unfortunately we must recognize that landmines continue to be produced, stocked, and used by armed groups or individuals in several States Parties. States Parties should have national implementation laws with penal sanctions in place to effectively prevent or punish such illegal acts.

At the same time - as recalled by Action 61 of the Nairobi Action Plan, the treaty's prohibitions and requirements should also be incorporated into States Parties' military doctrine to ensure the armed forces are fully aware of the treaty's prohibitions.
30 States Parties say that they do not believe an implementation law is required because, for example, they have never possessed or produced antipersonnel mines or because international treaties like the MBT are "self-enacting" under their domestic law. Yet ICBL believes all States Parties should pass national legislation that includes penal sanctions for potential future violations of the treaty and provides for full implementation of all aspects of the treaty.

Of the 67 remaining States Parties - or 42% of the treaty's members - 22 states are known to be in the process of developing legislation, some of them for many years. Another 45 States Parties have provided no information to show that they have made progress on such measures. We recognize that legislation can be a time-consuming process, but for most of these non-compliant states, it has been a very long time indeed since they joined the treaty, and this is no longer a valid excuse. We urge these states in the strongest terms to put such legislation on a fast track so that we can greatly increase the number of compliant states by the Review Conference.

Thank you.