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Key developments since May 2000: Austria’s continued efforts to sensitize other countries to the landmine issue and encourage accession to the Mine Ban Treaty have concentrated on Central Asia and the southern Caucasus. Austria doubled its mine action funding to US$1.9 million in 2000, but has reduced the budget for 2001 to its previous level of US$950,000.
After playing a crucial role in the “Ottawa Process,”[1] Austria signed the Mine Ban Treaty on 3 December 1997, ratified it on 29 June 1998 and the treaty entered into force on 1 March 1999. National legislation including penal sanctions had previously taken effect on 1 January 1997. The law is more stringent than the Mine Ban Treaty in some respects (destruction of stockpiles within one month of entry into force, prohibition of antimagnetic devices), but less stringent in other respects (omitting the ban on assisting others in prohibited activities).[2]
Austria attended the Second Meeting of States Parties to the Mine Ban Treaty in September 2000, represented by Harald Kreid, Austrian Ambassador to the United Nations, members of the ministries of foreign affairs and defense, and the NGO Austrian Aid for Mine Victims. Austria was an active participant in the intersessional Standing Committee meetings in December 2000 and May 2001. Austria has contributed in particular to the Standing Committees on Stockpile Destruction and on the General Status and Operation of the Convention. Austria has been part of the Universalization Contact Group promoting adherence to the Mine Ban Treaty.
Austria submitted transparency reports in accordance with Mine Ban Treaty Article 7 on 29 July 1999, 28 April 2000 and 30 April 2001.[3] The second report added no new information, as Austria had previously completed stockpile destruction and there were no new reportable activities. The third report did, however, include the new Form J listing Austrian contributions to mine action, but without the details on victim assistance recommended by the Standing Committee. At the UN General Assembly in November 2000 Austria voted in favor of Resolution 55/33V, which calls for universalization and full implementation of the Mine Ban Treaty.
Austria is a State Party to Amended Protocol II to the Convention on Conventional Weapons (CCW) and attended the Second Annual Conference of States Parties in December 2000. At the Second Annual Conference, Austria co-sponsored a proposal by the Netherlands calling for intensive discussion of the problem of explosive remnants of war, with the possibility of amending the CCW at its Second Review Conference in December 2001. In the plenary Austria also welcomed and declared itself willing to consider other proposals to amend the Convention, including one to increase the requirements for detectability and self-destruct reliability of antivehicle mines. On 20 October 2000, Austria submitted its annual report in accordance with Article 13 of Amended Protocol II.
Austria’s continued efforts to sensitize other countries to the landmine issue and encourage accession to the Mine Ban Treaty have concentrated on Central Asia and the southern Caucasus, specifically Armenia, Azerbaijan, Georgia, Kyrgyzstan, and Uzbekistan. Of these, only Uzbekistan has not responded in some form. Austrian Aid for Mine Victims (AAMV) formally requested Chancellor Wolfgang Schuessel to address the universalization of the Mine Ban Treaty at the Asia-Europe Summit in Seoul, in particular vis-à-vis Korea.[4] Austria has, however, refrained from raising the issue with Finland, the only non-signatory European Union (EU) country. In the case of EU-membership candidates, Austria claims that it has not addressed adherence to the Mine Ban Treaty because negotiations have for the most part been completed without reference to the issue of landmines. Moreover, during the Austrian presidency of the Organization for Security and Cooperation in Europe (OSCE) the mine issue was not addressed vis-à-vis non-signatory countries, although Austria has raised the issue in bilateral relations. Thus, on 27-28 November 2000, at the OSCE Summit in Vienna, landmines were not discussed, but after the meeting, Austrian officials urged General Smith, Deputy Supreme Allied Commander Europe, to address the issue within the context of NATO.[5]
At the Conference of Ministers on Human Security in Lucerne on 11-12 May 2000, Foreign Minister Benita Ferrero-Waldner addressed the mine issue, stating that the impressive number of signatories is no reason for complacency but should encourage efforts to universalize the Mine Ban Treaty. She added that efficient cooperation is crucial to fully implement the treaty, and called for the dialogue between civil society and governments to continue.[6] Austria has also undertaken démarches in respect of late reporting by Albania and Turkmenistan under the Article 7 obligations of the Mine Ban Treaty.
Austria attended the technical consultation on antivehicle mines equipped with sensitive fuzes and antihandling devices held by the International Committee of the Red Cross (ICRC) in Geneva on 13-14 March 2001. On 11 May 2001, during discussion of the applicability of the Mine Ban Treaty to these mines at the Standing Committee on General Operation and Status of the Convention, Austria aligned itself with the view expressed by the Netherlands delegation, that the issue should be dealt with by adopting and reporting on voluntary “best practices.”
Mines deemed to be antipersonnel were destroyed in 1996, prior to entry into force of the Mine Ban Treaty. The most recent Article 7 report confirms that no antipersonnel mines were retained for permitted training and development purposes.[8]
In its most recent CCW Amended Protocol II Article 13 report Austria emphasized that its “Armed Forces do not possess mines, booby-traps or other devices which are not in compliance with the technical provisions of this Protocol or which would be in contradiction with the obligations from other international treaties.... There are no indications of Austrian companies producing weapons, which are not in compliance with the provisions of amended Protocol II or which violate other treaty obligations.”[9]
The Ministry of Defense has also stated there are no indications that any Austrian company still offers or produces antihandling devices that are detonated by the unintentional contact or approach of persons, and which therefore would be prohibited by the Mine Ban Treaty. Multiple use igniters held by the Army (more than 100,000) were destroyed in 2000 in order to prevent any abuse.[10]
Since components of antipersonnel mines are not covered by Austria’s War Material Act (which regulates weapons transfers), the Ministry of Interior (MOI) holds that the transfer of components such as igniters which could be used in antipersonnel mines is not prohibited in Austria. The MOI stated, however, that licenses have been issued only for command-detonated electric igniters, but due to official secrecy was unwilling to give any examples or names.[11] The MOI has also stated that licenses are issued only for the transfer of war materials to countries that have comparable laws, the observance of which is guaranteed.[12] In the view of the ICBL, transfer of components destined for use in antipersonnel mines would not only violate the spirit of the Mine Ban Treaty, but would also run counter to Article 1.1(c), which prohibits a State Party from assisting anyone to engage in a prohibited activity.
AAMV and Landmine Monitor have expressed concerns about the Dynamit Nobel Graz/ Dynamit Nobel Wien DNG DETO-Spring Percussion Igniter, an ignition system that can be released either manually or by tripwire. Use with a tripwire is prohibited by the Mine Ban Treaty. In response to inquiries, the managing director of DNW stated that the igniter is no longer being produced, offered, or stocked, and was removed from the company’s program in 1999 at the latest.[13] DNG sent a letter in May 2000 that appears to make a commitment that such devices will not be produced, sold or transferred “in future.”[14] Austrian officials have not shown interest in pursuing this matter with DNG/DNW.
AAMV and Landmine Monitor have also expressed concern about the Arges Type HG 84 fragmentation grenade made by the Austrian company Armaturen GesmbH (Arges). According to Jane’s Infantry Weapons, Arges has licensed Pakistan Ordnance Factories (POF) to produce this grenade, and POF has adapted the grenade for use in a bounding antipersonnel mine.[15] While the sale or licensing for production of a grenade in and of itself is not objectionable, if such action is taken with the knowledge that the grenade will be used in an antipersonnel mine, it could constitute assistance as prohibited by the Mine Ban Treaty. Arges denied that the information contained in Jane’s is correct; according to the managing director, there never was a license agreement with POF, nor is there one at this time.[16] When asked about the issue, MOI questioned the accuracy of Jane’s information, noted that grenades are not illegal, and that components are not covered by Austrian law.[17] The Ministry of Foreign Affairs indicated it would make inquiries with the company.[18]
Dynamit Nobel Wien requested an export license for directional fragmentation mines in July 1999, which have since been exported to an Arab country (no further details have been given due to trade secrecy).[19] It is not known whether steps were taken to ensure that these mines could be used only in command-detonation mode.[20]
At the meeting of the Standing Committee on General Status and Operation of the Convention on 7 December 2000, Norway presented details of the modifications it had made to its directional fragmentation mines – including M19 and M100 mines imported from Austria -- to remove the tripwire-activation mode of use.[21]
The current Austrian weapon stockpile includes directional fragmentation mines, modified to ensure command-detonation only, and antivehicle/antitank mines. According to the Ministry of Defense, the Army currently has two types of antitank mines, the Pz 75 and the Pz 88. The latter is equipped with an antihandling device, but the Ministry of Defense asserts that it explodes only when tipped a certain degree after excavation, therefore cannot be activated by unintentional disturbance and is Mine Ban Treaty-compliant. The only antivehicle mine is the DFC 19, which is command-detonated.[22]
The aims of “reinforced Austrian Mine Action” are described as:
Austrian contributions to mine action are concentrated on “mine clearance, awareness building, victim assistance, [and] socioeconomic reintegration.” The following countries are accorded priority: Afghanistan, Bosnia and Herzegovina, Cambodia, Croatia, Kosovo, Mozambique, and Nicaragua.[24]
Mine action programs are viewed as peacebuilding measures, through which “the preconditions for reconstruction and sustainable development” can be supported. Funds are said to be limited, therefore to be used as efficiently as possible to benefit mainly local civilian populations most afflicted by antipersonnel mines and to contribute to restoration of security after conflicts.[25] Austria's priorities for the funding of humanitarian mine action are States which are members of the Mine Ban Treaty and NGOs that have worked for the mine ban and have extensive experience in mine-affected countries. Currently, funding is concentrated in countries of the Stability Pact for South East Europe and target countries of the Austrian Development Cooperation (a section of the Ministry of Foreign Affairs), which channels funds through the privately owned Austria Development Corporation Projektmanagement GmbH (also known as adc Austria). Where the civilian population is the main beneficiary, Austria's intention is to make a commitment to work for several years.[26]
The Ministry of Foreign Affairs is responsible for mine action funding, and has established a special budget line intended to ensure continuity. The original budget of ATS15 million was increased to ATS30 million (approximately US$1.9 million) for 2000.
Governmental financial and in-kind contributions to mine action in 2000[27]
|
Mine Action and Implementing Agency
|
Amount (ATS)
|
Country
|
|---|---|---|
|
Victim Assistance
|
||
|
ICRC
|
3,621,132
(US$233,105) |
Bosnia
|
|
Mine Action
|
||
|
Acción Medical Cristiana
|
3,000,030
(US$193,121) |
Nicaragua - for awareness building
|
|
Demining
|
||
|
UN Office for Coordination of Humanitarian Aid
|
3,142,000
(US$200,000) |
Afghanistan
|
|
UN High Commissioner for Refugees
|
5,500,000
(US$350,058) |
Kosovo
|
|
Norwegian People’s Aid
|
3,498,513
(US$222,835) |
Bosnia and Herzegovina
|
|
Mines Advisory Group (MAG)
|
1,887,000
(US$120,102) |
Cambodia (in-kind contribution) for Schiebel mine detectors
|
|
Croatian Mine Action Center
|
3,337,500
(US$212,444) |
Croatia (in-kind contribution) for Schiebel mine detectors
|
|
MAG
|
270,707
(US$17,232) |
Nicaragua - assessment mission for possible demining
|
|
Other
|
||
|
ICBL
|
1,256,00
$80,000 |
Support for Landmine Monitor
|
|
adc Austria
|
111,360
(US$7,088) |
Evaluation of demining project (MAG)
|
|
adc Austria
|
5,600,000
(US$356,460) |
Mozambique – for local capacity-building and awareness-building
|
The project in Mozambique has been described as “mine awareness”[28] and as “support to IND [the National Institute for Demining, the regulatory body for demining in Mozambique] for demining and awareness building programs in central Mozambique.”[29] The UN Development Program told Landmine Monitor that the funds are being used to establish a regional office of the IND at Beira.[30]
In addition, in-kind assistance by the Army during 2000 included five solders permanently assigned to Syria (Golan Heights) for mine clearance and, on various mine-related duties, three soldiers in Mozambique for five weeks, and in Kosovo, forty KFOR soldiers for one week and eight KFOR soldiers for twelve weeks. Two courses were held in Austria for international soldiers, one course trained three Eritrean observers, the other was a two-day course for twenty UN soldiers on mine awareness.[31]
For 2001, the budget for humanitarian mine action returned to its former, lower level of ATS15 million (US$950,000). This includes financial support for research and development. Allocation of the majority of 2001 funding had not been disclosed at the time of writing. Known projects in 2001 include:
ATS 1,077,890 (US$68,611) to AAMV/Demining Technology Workshop for a project in Cambodia aimed at helping eight unemployed landmine survivors acquire the skills needed to manufacture demining equipment by training them initially to manufacture parts for the Tempest demining machine at the Demining Technology Workshop in Phnom Penh, and in most cases followed by job placement or employment.
ATS 550,000 (US$35,009) to Austrian Research Center Seibersdorf for a feasibility study on the environmental impact of stockpile destruction, carried out in cooperation with the Geneva International Center for Humanitarian Demining.
On 23 April 2001 the Ministry of Foreign Affairs discontinued funding of a MAG demining operation in Preah Vihear, Cambodia, stating “In view of the reductions of the budget for Austrian Mine Action it has been decided to direct Austrian mine action funding in particular towards ‘core’ regions of Austrian development co-operation. Cambodia is not among those regions, regrettably.”[32]
One item under consideration is Austria’s co-funding of the NATO Partnership for Peace Trust Fund for destruction of Albanian mine stockpiles 2001-2002.
The contributions of NGOs to mine action were much reduced in 2000-2001. The effect of this reduction combined with reduced governmental funding in 2001 was raised in a meeting at the Foreign Ministry on 22 March 2001.
In 2000-2001, AAMV funded victim assistance projects in Cambodia (ATS1,077,000 or US$68,500), mine clearance in South Lebanon by MAG (£5,000 or US$7,000) and mine clearance in Somaliland/Puntland and Eritrea by MAG (ATS193,471 or US$13,000). The Rotary club in Salzburg-West donated US$3,000 to AAMV for victim assistance in Cambodia, and the Rotary club in Klosterneuburg donated ATS110,000 (US$7,000) for victim assistance in Kosovo.
UNICEF Austria donated ATS800,000 (US$50,850) for the mine victim center in Maputo, Mozambique, and ATS926,392 (US$59,000) for the UNICEF Landmine Victim Support Program in Cambodia. Dreikoenigsaktion supported a rehabilitation program for war victims in Nicaragua, contributing ATS335,000 (US$21,296) for socio-economic and educational activities. Entwicklungshilfe-Klub donated ATS211,951 (US$1,350) to Jesuit Service Cambodia via Misereor on 21 November 2000.[33]
Caritas is continuing previous projects but has not allocated any new funds.[34] The Austrian Red Cross reports that no contributions to mine action are currently planned.[35] Care Austria did not fund mine action in 2000.[36]
In addition to the stockpile destruction study noted above, two other international projects are being carried out by the Schiebel company, with EU part-funding. The “Demand” project on multi-technology mine clearance is conducted in cooperation with companies in Italy, Germany, Sweden and Spain, at a total cost of €3.7 million (US$3 million) over a thirty-month period. Testing will take place at the Joint Research Centre at Ispra in Italy and in Kosovo. The ARC project for improved methods of Level 2 Survey and post-clearance quality control is in cooperation with companies in Spain, Sweden, Belgium and the Netherlands, with field-testing planned in Croatia. This project is funded over a thirty-month period to a total of €6 million (US$4.8 million).[37]
The Austrian company Hadi-Maschinenbau GmbH has developed and produced the mine-clearing device FMR-2000, which is remote controlled (distance between 800 and 1000 meters). The clearing depth is up to 40 centimeters. The thirty-six-ton vehicle has been tested by Hadi Austria on Army grounds, and after final testing the official presentation was scheduled for spring 2001.[38]
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[1] See Landmine Monitor Report 1999, pp. 524-528 and Landmine Monitor Report 2000, pp. 567-569.
[2] Federal Act on the Prohibition of Antipersonnel Mines, BGBl I 13/1997, Section 1.
[3] Article 7 reports, submitted 29 July 1999, for the period 1 March 1999-30 April 1999; submitted 28 April 2000, for the period 30 April-31 December 1999; and submitted 30 April 2001 for calendar year December 2000.
[4] Letter from AAMV to Chancellor Wolfgang Schuessel, 16 October 2000.
[5] Interviews with Dr. Wolfgang Banyai, Ministry of Foreign Affairs, Vienna, 18 December 2000, and Dr. Gerhard Doujak, Ministry of Foreign Affairs, Vienna, 5 January 2001.
[6] Interview with Dr. Gerhard Doujak, Ministry of Foreign Affairs, Vienna, 5 January 2001.
[7] For details on past production, transfer and stockpiling, see Landmine Monitor Report 2000, pp. 569-573.
[8] Article 7 report, submitted 30 April 2001 for calendar year 2000, Form D.
[9] CCW Amended Protocol II Article 13 report, 20 October 2000, Form C (original emphasis).
[10] Interview with Lt.-Col. Hans Hamberger, Ministry of Defense, Vienna, 8 January 2001.
[11] Interview with Dr. Schnabl, official responsible for issuing export licenses for war materials, Ministry of the Interior, 20 December 2000.
[12] Interview with Dr. Schadwasser, Deputy General for Public Security, Ministry of the Interior, 20 December 2000.
[13] Interview with Hermann Richter, Managing Director, Dynamit Nobel Wien, 8 January 2001.
[14] Letter from DNG dated 9 May 2000. The igniters were displayed at the Exhibition Eurosatory, 4 June 1998 (photo evidence).
[15] Jane’s Infantry Weapons 1999-2000, states, “The Arges Type HG 84 fragmentation grenade is license-produced in Pakistan by Pakistan Ordnance Factories (POF), with some minor local modifications as their Plastic Hand Grenade (the 84-P2A1).” Under the entry on the Pakistan Plastic Hand Grenade, it states, “This grenade is also employed as the warhead for the POF bounding anti-personnel mine.” The mine is apparently the P7 Mk. 2. Jane’s Mines and Mine Clearance 1998-1999 indicates that a Pakistani P7 bounding mine uses the ARGES-69 hand grenade “also produced in Pakistan” as a warhead. On-line edition accessed 22 May 2000. A POF fact sheet for the P7A1 (P7 Mk. 1) antipersonnel mine states, “The propelling charge will launch a P1 Mk. 1 hand grenade (the Pakistani copy of the Austrian Arges 69) into the air....”
[16] Telephone interview Managing Director Armaturen GesmbH, Mr. Hostert, 15 January 2001.
[17] Letter from Ministry of Interior Affairs, 17 August 2000; interview with Dr. Schadwasseer and Dr. Schnabl, MOI, 20 December 2000.
[18] Interview with Dr. Koeffler and Dr. Banyai, Ministry of Foreign Affairs, 18 December 2000.
[19] Interview with Hermann Richter, Managing Director, Dynamit Nobel Wien, 8 January 2001.
[20] The use of directional fragmentation mines (commonly known as Claymore mines) in command-detonated mode is permitted by the Mine Ban Treaty, but use with tripwires or other victim-activated fuzing mechanisms is prohibited.
[21] “Presentation by Lt.-Col. Thor Helge Moen,” Commander of the Norwegian Defense Engineer Tactic School, at the Standing Committee on General Status and Operation of the Convention, Geneva, 7 December 2000; and Landmine Monitor notes.
[22] Interviews with Lt.-Col. Hamberger, Ministry of Defence, Vienna, 8 January and 16 January 2001.
[23] “Austrian Mine Action Program 2000,” Ministry of Foreign Affairs, December 2000.
[24] Ibid.
[25] “Austrian Mine Action Program 2000,” Ministry of Foreign Affairs, December 2000. Exchange rate calculated at US$1 = ATS15.73.
[26] Interview with Dr. Doujak, Ministry of Foreign Affairs, Vienna, 5 January 2001.
[27] Interview with Dr. Banyai and Dr. Doujak, Ministry of Foreign Affairs, Vienna, 9 January 2001.
[28] Email from Hans H. Bichler, Austrian Development Corporation, 12 January 2001.
[29] Article 7 report, submitted 30 April 2001 for the period 1 January-31 December 2000, Form J.
[30] Emails from Jenni Rauch, UN Development Program, 28 March and 24 April 2001.
[31] Interview with Lt. Col. Hamberger, Ministry of Defense, Vienna, 8 January 2001.
[32] Email from Dr. Wernfied Koeffler, Ministry of Foreign Affairs, 23 April 2001.
[33] Fax from Franz Christian Fuchs, Entwicklungshilfe Klub, Vienna, 21 November 2000.
[34] Telephone interview with Franz Prüller, Caritas, 17 January 2001.
[35] Telephone interview with Monika Unterleitner, Austrian Red Cross, 18 January 2001.
[36] Telephone interview with Astrid Wein, Care Austria, 17 January 2001.
[37] Interview with Dr. Banyai and Dr. Koeffler, Ministry Foreign Affairs, Vienna, 18 December 2000; letters from Schiebel Elektronische Gerate GmbH, 2 and 8 February 2001. Exchange rate: $1 = €1.242.
[38] Email from Hadi-Austria, 28 November 2000.
