Nations Refusing to Ban Landmines Meet Again

(Geneva, 14 December 1999) -- In stark contrast to the global movement to totally eliminate antipersonnel landmines, governments will meet tomorrow to discuss restrictions, but not a ban, on the weapon. The Nobel Peace Prize-winning International Campaign to Ban Landmines (ICBL) criticized many of those governments for continuing to use, export, produce, and stockpile landmines. The ICBL condemned Russia for dropping mines in the ongoing assault in Chechnya, and charged that a recent attempt by Pakistan Ordnance Factories to sell antipersonnel mines may violate both international and domestic law.

The first annual conference of states parties to the amended Landmines Protocol (Protocol II) of the 1980 Convention on Conventional Weapons (CCW) will take place in Geneva 15-17 December 1999. Forty-five governments are states parties to the amended protocol, while another 24 governments are parties to the original Landmines Protocol. After more than two years of largely fruitless negotiations, the protocol was amended on 3 May 1996; it entered into force on 3 December 1998 with 20 ratifications.

Jody Williams, who shares the 1997 Nobel Peace Prize with the ICBL, said, "This protocol should be recognized for what it is: an agreement on limited, and often ignored, restrictions on antipersonnel mines for those nations which continue to reject the demand of the rest of the world to totally ban the weapon." She said, "The world has moved beyond this dismal attempt to deal with the global landmine problem, and it is beyond time for the recalcitrant governments to realize that."

Only five countries that are states parties to the amended protocol have not signed the 1997 Mine Ban Treaty: China, Finland, India, Pakistan, and the United States. Another nine are states parties to the original protocol, but have not yet ratified the amended protocol, and have not joined the ban treaty: Belarus, Cuba, Georgia, Israel, Laos, Latvia, Mongolia, Russia, and Yugoslavia. In essence, with regard to antipersonnel mines, the Landmines Protocol currently exists only for these fourteen countries. By contrast, the Mine Ban Treaty has now been signed by 136 nations and ratified by 89.

The weakness of the "restrictions only" approach to solving the global landmines crisis has been clearly demonstrated since the amended Landmines Protocol was agreed to in May 1996:

Russia, a party to the original protocol, is dropping antipersonnel mines prohibited by the revised protocol in Chechnya, just one of many violations of international humanitarian law by Russian forces. Russia has also twice this year dropped mines on neighboring Georgia. Chechen fighters must also be condemned for using mines against the Russian military. The hundreds of thousands of mines laid by both sides during the previous conflict (December 1994-August 1996) are believed to have caused more than 1,000 civilian casualties.

Pakistan, a party to the amended protocol, apparently used mines during its border conflict with India earlier this year. The ICBL is unaware of any effort to mark, fence, or monitor minefields as required by the Landmines Protocol. India was also accused of laying mines, though it has denied it.

In early November 1999, the state-owned Pakistani Ordnance Factories (POF) allegedly offered antipersonnel mines for sale to a British television journalist posing as a representative of a private company operating in Sudan. The offer was made by an attaché to the Pakistan Embassy in London, and aired on the Channel Four Dispatches program 9 December 1999.
The mines also were offered for sale in a faxed quotation from POF. Such a sale would appear to violate the Landmine Protocol, Pakistan's domestic law banning mine transfers, and the UK's domestic law prohibiting sale, or even the offer of a sale, of mines in the UK.

Forces of the Federal Republic of Yugoslavia (the former Socialist Federal Republic of Yugoslavia was party to the original protocol) used antipersonnel mines extensively during the Kosovo conflict. There was a great deal of "nuisance" mining directed at civilians, and there was little effort to mark, fence or monitor minefields. The KLA also planted mines.
More than two hundred civilians have been killed by mines and other unexploded ordnance since the end of the war.

The United States, a party to the amended protocol, reserved the right to use
antipersonnel landmines in the NATO military operation in Kosovo, even though 17 of 19 NATO nations have banned use of the weapon, and even though as it criticized Serb forces for laying mines.

Israel, a party to the original protocol, has continued to use antipersonnel mines in southern Lebanon.

Georgian partisans, frequently alleged to have direct ties to government officials, have used mines often in raids into Abkhazia. Georgia is a party to the original protocol.

The five amended protocol states parties that have not signed the Mine Ban Treaty are estimated to possess more than 125 million antipersonnel mines, and the nine states parties to the original protocol may possess another 100 million. They are believed to have destroyed more than 5 million mines in recent years, at least in part to comply with the protocol. The protocol requires no destruction of
antipersonnel mine stockpiles, but prohibits use unless they are detectable and meet certain technical specifications.

Of the sixteen nations that still produce antipersonnel mines, four (China, India, Pakistan, US) are states parties to the amended protocol, and three (Cuba, Russia, Yugoslavia) are parties to the original protocol. The protocol allows unlimited production of "dumb" and "smart" mines as long as they are detectable and meet certain technical specifications.

The amended Landmines Protocol permits governments to delay the implementation of key provisions for nine years. Those opting for the delay include China and Pakistan, while the U.S., Finland and India did not.

The ICBL has also repeatedly condemned Mine Ban Treaty signatory Angola as well as UNITA rebels for continuing to use antipersonnel mines in their ongoing conflict.

The ICBL calls on all governments to accede to or ratify the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On their Destruction (Mine Ban or Ottawa Treaty). The ICBL believes that any changes made to the amended protocol should be aimed at moving it closer to the Mine Ban Treaty, including definitional changes, expansion of scope of application to all circumstances, expanded verification and compliance provisions, and the closing of various loopholes.

For more information contact:

Mary Wareham, Human Rights Watch, Tel. +41-(0)- 79-470-17-47, wareham-at-hrw-org

Susan Walker, ICBL, Tel. +41-(0)-79-470-19-31, walker-at-icbl-org

Also read:

The complete statement presented 15 December by the Campaign to the First Conference of States Parties to Amended Protocol II of the Convention on Conventional Weapons