A great deal of headway has been made since the treaty came into force in March 1999:
- production of antipersonnel mines has dropped considerably and trade has almost come to a halt
- there has been widespread and extensive destruction of stockpiled mines: millions of antipersonnel mines have been eradicated and can never ever be used
- vast tracts of land have been cleared and put back into productive use
- most importantly, there are now fewer new mine victims each year
- mine use has halted in several countries where it had been widespread e.g. Angola and Sri Lanka
- the new international norm – where use anywhere by anyone – is gathering strength
- more and more states are joining the treaty and working hard to implement it fully
- more non-member states are responding to international pressure and abiding by the spirit of the agreement.
Implementation of and compliance with the treaty is facilitated in a number of ways. These include:
- States Parties are required to take “national implementation measures”, such as passing domestic legislation banning landmines. See this information kit from the International Committee of the Red Cross for advice and sample legislation.
- Annual reports (sometimes called Article 7 reports or transparency reports) are to be sent to the UN Secretary-General, about the type and quantity of mines in stock, the progress of mine-destruction programmes, details of all mined areas under its jurisdiction or control and national measures such as legislation (among other issues). The submitted reports are available in the UN Office for Disarmament Affairs Article 7 Database.
- Regular gatherings of States Parties are also an important occasion for review and monitoring. Meetings of State Parties, held on an annual basis at first and then at regular intervals, amount to mini-reviews of the treaty. The intersessional work programme aims to focus on practical issues around the treaty, including identifying needs, gaps and available resources. The First Review Conference or the Nairobi Summit on a Mine-Free World in 2004 was a landmark event as it allowed for a review of the treaty and the development of a forward-looking action plan.
- Article 8 of the treaty outlines a procedure to address possible non-compliance: States Parties can pose questions via the UN Secretary-General. Then, if necessary, a special meeting can be held and this could decide to send a “fact-finding mission” which would ultimately report to the Sec-Gen. After this States Parties can give consideration to other “ways and means to clarify or resolve the matter”, including initiating procedures under international law.
- Importantly, there are no stringent mechanisms to make signatories comply or to verify that they have carried out commitments, such as stockpile destruction. Instead, the treaty aims to promote transparency and trust amongst States Parties. This approach makes sense since formal verification would be both difficult and expensive because of the very nature of mines (their ease of production, small size and conceal ability). Non-governmental organisations (NGOs) therefore have an important role in monitoring and encouraging compliance. The ICBL's Landmine Monitor report has been developed to help in this important role.