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Key developments since May 2001: The Netherlands continued to play a leadership role in promoting universalization and full implementation of the Mine Ban Treaty. The Netherlands served as co-chair of the Standing Committee on Mine Clearance until September 2001. The Netherlands is coordinating work on explosive remnants of war in the CCW. In 2001, the Netherlands contributed €15.5 million (about $13.9 million) to mine action.
The Netherlands signed the Mine Ban Treaty on 3 December 1997 and ratified it on 12 April 1999, becoming a State Party on 1 October 1999. The Netherlands continued to state that the treaty will be implemented “on the basis of existing legislation, such as the Import and Export Act of 1962 and the Arms Control Act. The latter will be amended to establish the powers for the implementation of the verification procedure by an international fact-finding mission in accordance with Article 8” of the treaty.[1] In May 2002, the Justice Department told Landmine Monitor that it was still working on the amendments, and awaiting the appointment of a new Minister of Justice following the elections of 15 May.[2]
The Netherlands submitted its annual Article 7 transparency report on 19 April 2002. This includes the Voluntary Form J on “Other Relevant Matters,” which gives details of Dutch funding of mine action in 2001. Previous Article 7 Reports were submitted on 20 April 2001 and 7 January 2000, providing comprehensive information.[3]
The Netherlands participated in the Third Meeting of States Parties in September 2001, in Managua, Nicaragua.[4] The Netherlands, as outgoing co-chair of the Standing Committee on Mine Clearance, Mine Awareness, and Mine Action Technologies, reported that the focus of the Standing Committee’s work in the last year was on improving the efficiency of mine clearance, on gaining wider usage of the International Mine Action Standards, on encouraging sustainable, affordable and reliable technology, and on funding. The Netherlands delegation concluded by saying that in the next 10 years, increased and sustained levels of funding would be needed if mine-affected countries are to meet their treaty obligations.[5]
The delegation intervened during a discussion of antivehicle mines equipped with sensitive fuzes or antihandling devices, to re-emphasize the Netherlands’ position that any device that functions like an antipersonnel mine is considered to be an antipersonnel mine and is banned by the treaty. The Netherlands urged State Parties to review their inventories of antivehicle mines to ascertain that they do not function as antipersonnel mines.[6]
On 29 November 2001, the Netherlands cosponsored and voted in favor of United Nations General Assembly Resolution 56/24M in support of the Mine Ban Treaty.
The Netherlands participated extensively in the intersessional Standing Committee meetings in January and May 2002 in Geneva.[7] The Netherlands is a very active member of the Universalization Contact Group, which was established at the Second Meeting of States Parties in September 2000. The Netherlands has brought the treaty to the attention of representatives of many States which are not yet members. Two workshops on mines and the Mine Ban Treaty were organized jointly with Canada, in Suriname and Guyana, in May 2001. Cooperation with Eritrea contributed to that country’s rapid accession to the Mine Ban Treaty, and has continued with support for implementation and mine action.[8] The Netherlands is also active in the Article 7 Contact Group, which attempts to facilitate timely Article 7 reporting by all States Parties.
The Netherlands is a State Party to Amended Protocol II of the Convention on Conventional Weapons (CCW) and submitted its annual report under Article 13 of the Protocol on 14 November 2001. This presents updated information on mine action funding, cluster bomb units, and legislation.[9]
The Netherlands attended the Third Annual Conference of States Parties to Amended Protocol II and the Second CCW Review Conference in December 2001. The Netherlands played a leading role in preparatory meetings for the Review Conference, and Ambassador Chris Sanders acted as one of the “Friends of the Chair on Explosive Remnants of War (ERW)” in the preparatory process and at the Review Conference. In March 2001, the Netherlands organized a workshop on ERW, and at the third preparatory meeting in September 2001 proposed that there be an expert group created to study the issue and ways to deal with them in the CCW. This proposal was refined and at the Review Conference it was agreed that there be a group of governmental experts to study explosive remnants of war and antivehicle mines and make recommendations to States Parties, including whether to proceed with negotiating a legally-binding instrument. Ambassador Sanders is serving in 2002 as the coordinator of the group’s work on ERW.[10]
According to the Ministry of Defense, production of antipersonnel mines ceased over 20 years ago, and a partial export moratoria became a complete ban on transfer with entry into force of the Mine Ban Treaty in October 1999.[11]
The Netherlands has stated that it understands the Mine Ban Treaty to prohibit involvement in activities related to antipersonnel mines during joint military operations with non-States Parties, and has encouraged States Parties to further clarify the issue with a view to attaining maximum transparency.[12]
Prior to the entry into force of the treaty, large quantities of antipersonnel mines were destroyed. In its first Article 7 Report, submitted on 7 January 2000, the Netherlands reported a stockpile of 272 CBU-89 Gator cluster bombs described as “non-Ottawa Convention compliant,” which would be destroyed by the 1 October 2003 deadline set by the treaty. This is repeated in later reports.[13] However, no information has been given about the status of the destruction program. The 272 CBU-89s contain a total of 5,984 BLU-92B antipersonnel mines, as well as BLU-91B antivehicle mines.
The April 2002 Article 7 Report records that 4,180 antipersonnel mines were retained for permitted training and development purposes under Article 3 of the treaty: 3,316 of type AP NR 22, and 864 of type AP DM31.[14] This represents a decrease of 216 mines from the previous year, all type nr 22. The precise purposes for which these mines have been consumed is not reported.[15] Apparently no type AP DM31 mines were consumed.
In 1997, for the stated purposes of protecting personnel and preventing clearance of antivehicle mines, 822 directional fragmentation (Claymore-type) mines were purchased, with further quantities to be purchased in 2003. The Netherlands has stated it will use these mines only in command-detonated mode, which is not prohibited by the Mine Ban Treaty. No tripwires, for operation of the mines in victim-activated mode, remain in stock.[16] The Netherlands has not reported if these mines have been otherwise modified, such as by filling in the fuze-well for tripwire attachment.
As previously noted by Landmine Monitor, the Netherlands has 80,000 DM-31 antivehicle mines in stock,[17] and concerns have been raised that the DM-31 may explode when a standard metal detector is swept over it. In November 2001, the Netherlands repeated previous assurances that the mines will be adapted to prevent detonation “when detected with regular devices.... If adaptation is not feasible or too expensive the mines will be replaced by types that fully comply with CCW regulations. As long as they are not adapted, DM-31 mines will not be used.”[18] The Ministry of Defense has no new information about adaptation or alternatives for the DM-31 antivehicle mines.[19]
In Standing Committee meetings and at the Third Meeting of States Parties, the Netherlands has expressed the view that mines with sensitive fuzes or antihandling devices, which may be activated by the unintentional act of a person, are to be considered as antipersonnel mines and are banned by the treaty. Dutch future procurement plans follow this policy.[20]
The HOM 2000 research project into new demining techniques was terminated in 2001, with Dfl7.4 million (US$2.9 million) remaining from the project budget.[21] On 19 April 2001, the Minister of Defense informed Parliament that these funds had been used to finance several research projects of the Netherlands Organisation for Applied Scientific Research (TNO).[22] These include: a two-year project to improve detection of tripwire mines with infrared cameras (Dfl950,000, $371,093); research into “smart prodders” (Dfl360,000, $140,625); a two-year project to develop ground penetrating radar for mine detection (Dfl1.55 million, $605,469); and a two-year project to examine clearance of mines with small caliber munitions (Dfl360,000, $140,625).[23] Additionally, Delft Technical University has a two-year project looking into mine-detection by neutron dispersion technology (Dfl1.3 million, $507,812). The Netherlands is also supporting the International Test and Evaluation Program for Humanitarian Demining (Dfl500,000, $195,313).
In 2001, the Netherlands’ contribution to mine action was €15,463,269 (Dfl32 million or US$13.9 million). This is a reduction from Dfl35.4 million in mine action funding in 2000. For 2002, the Netherlands has budgeted mine action expenditure totaling $13.5 million. The Netherlands plans to allocate €13.6 million ($12.2 million) each year, but as some projects have a longer duration than the calendar year actual expenditures may vary from year to year .[24]
In discussion of mine action funding at the Standing Committee meetings in May 2002, the Netherlands delegation explained that Dutch mine action policy “is based on planning and ownership by the affected country and long-term commitment by us. This policy leads us to conclude multi-year arrangements between the government and mine action operators, with the objective to make funding predictable and therefore proper planning possible. To avoid loss of investment, pending projects are given priority over new projects where it comes to funding.” As a result, the Netherlands started 2002 with an approximately 75 percent carry-over of ongoing commitments, making it difficult to commit new funding.[25]
From the total funding of $13,886,015 in 2001, approximately $10.44 million was contributed to mine action in 13 countries:
Also included in the Netherlands mine action funding in 2001 was:
In addition to funding the NATO Partnership for Peace (PfP) Trust Fund project to destroy Albania’s stockpile of antipersonnel mines, the Netherlands is co-sponsor with Moldova of another PfP Trust Fund project to destroy Moldova’s stockpile of about 12,000 antipersonnel mines and a large quantity of potentially dangerous munitions and rocket fuel. In 2002, the Netherlands will support this project with $100,000.[27] The Netherlands will also contribute to a PfP Trust Fund project for destruction of PFM mines in Russia.[28]
The Dutch armed forces has a pool of 29 deminers. In 2001, three technical mine clearance advisors were deployed in Eritrea in the framework of the UN peacekeeping mission, and two more were sent at the start of 2002. In Bosnia and Herzegovina, one Dutch advisor was deployed with the Federation Mine Action Center in 2001 and 2002.[29]
In 2002, the Netherlands mine action funding of $13,534,616 covers 10 countries. Two countries are receiving Dutch funding for the first time in 2002:
Five countries received funds in 2001 but not 2002: Bosnia and Herzegovina, Ethiopia, Iraq, Laos, and Yugoslavia (Kosovo).
In 2002, the Netherlands has also provided financial support (CHF88,787, or $60,892) to the Implementation Support Unit created by States Parties to assist in the intersessional process of the Mine Ban Treaty.[31]
Stichting Vluchteling (the Netherlands Refugee Foundation) co-financed two projects in Northern Iraq for the period 1 October 2001-31 December 2002. It provided $40,000 for three mine action teams of the Mines Advisory Group, and $40,000 for a Handicap International Belgium victim assistance and rehabilitation project.[32]
KerkinActie (Action by Churches Together) donated to mine action in El Salvador ($56,4501 for a project with the Salvadoran organization, CORDES) and Kosovo (a DanChurchAid project valued at $121,000).[33]
NOVIB provided $1.1 million for mine action in Afghanistan to OMAR (Organization for Mine Clearance and Afghan Rehabilitation) in 2000-2001. NOVIB also provided $180,000 for a cluster bomb removal project by OMAR after the US air strikes in Afghanistan in 2001.[34]
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[1] The same statement appears in Article 7 Reports submitted on 19 April 2002 and 20 April 2001. The Arms Control Act (Articles 54, 55, 56), 5 July 1997, includes penal sanctions for the possession, use, production and transfer of explosives, including antipersonnel mines, without license.
[2] Telephone interview with Jim Bruinsma, Legislation Directorate, Ministry of Justice, 23 May 2002, and with Mr. de Munck, Legal Affairs Desk, Ministry of Foreign Affairs, 15 March 2002.
[3] Article 7 Reports, submitted on 7 January 2000 for the period 1 March-31 December 1999; submitted on 20 April 2001 for calendar year 2000; and submitted on 19 April 2002 for calendar year 2001.
[4] The delegation included Kees Rade, Chargé d’Affaires and M. Wolters, First Secretary, Royal Netherlands Embassy in Nicaragua, Thymen Kouwenaar, Counselor, Permanent Mission to the Conference on Disarmament, and Pim Kraan, Policy Advisor, Ministry of Foreign Affairs.
[5] Landmine Monitor notes, Third Meeting of States Parties, Managua, Nicaragua, 18-21 September 2001.
[6] Ibid.
[7] The Netherlands was represented variously by Thymen Kouwenaar, Head of the Permanent Delegation of the Netherlands for Disarmament, Pim Kraan, Human Rights and Peace Building Department, Alexander Verbeek, Deputy Head, Security Policy Department, and Sjoerd Smit, Policy Advisor, Security Policy Department, Ministry of Foreign Affairs.
[8] Interview with Sjoerd Smit, Policy Advisor, Security Policy Department, Ministry of Foreign Affairs, at Landmine Monitor meeting, Paris, 17 April 2002.
[9] Amended Protocol II Article 13 Report, Form D, submitted on 14 November 2001.
[10] “Resultaten Van De Tweede Toetsingsconferentie Van Het Conventionele Wapensverdrag” (Results of the Second CCW Review Conference), 11-21 December 2001, Letter of the Ministers of Foreign Affairs and Defence to Parliament, Dvb/Ww-044/02, 14 March 2002.
[11] For details of past production, import and export, see Landmine Monitor Report 1999, pp. 749-750, and Landmine Monitor Report 2000, p. 692.
[12] Oral remarks to Third Meeting of States Parties, Managua, 20 September 2001. Notes by Landmine Monitor. See also, Landmine Monitor Report 2001, pp. 746-747.
[13] Article 7 Reports, Forms B, submitted on 7 January 2000, 20 April 2001, and 19 April 2002.
[14] The numbers were totaled incorrectly in the report, but the government confirmed that the subtotals listed are the correct numbers.
[15] Article 7 Reports, Forms D, submitted on 20 April 2001 and 19 April 2002.
[16] Letter from the State Secretary of Defense H.A.L. Van Hoof to Parliament on Anti-Tank Mines and Alternatives for AP Mines, The Hague, 19 December 2000. See also Landmine Monitor Report 1999, p. 749.
[17] Letter from the State Secretary of Defense H.A.L. Van Hoof to Parliament on Anti-Tank Mines and Alternatives for AP Mines, The Hague, 19 December 2000.
[18] Amended Protocol II Article 13 Report, Form C, submitted on 14 November 2001.
[19] Telephone interview with Folkert Joustra, Ministry of Defense, 26 June 2002.
[20] For details of other mine purchases planned, see Landmine Monitor Report 2001, p. 746.
[21] Letter from F.G.H. de Grave, Minister of Defense, to Parliament, 27 October 2000.
[22] Letter from F.G.H. de Grave, Minister of Defense, to Parliament, 19 April 2001. Exchange rate as in Landmine Monitor Report 2001: US$1 = Dfl2.56, used throughout.
[23] The tripwire project is being done in cooperation with the FOI research institute from Sweden and the UK-based Defence Evaluation Research Establishment; the prodder research with the Canadian CCMAT/DRES research institute; and the ground penetrating radar with Delft Technical University.
[24] Article 7 Report, Form J, 19 April 2002, and “Annual Donor Report for Netherlands: 2001,” UNMAS Mine Investments database accessed at: www.mine.action.org on 14 May 2002. Exchange rate at 29 April 2002: €1 = US$0.898. The Article 7 Report records €15,463,269 as approximately $13.3 million. In the rest of this section, € amounts are taken from the Article 7 Report and $ amounts from the UNMAS database.
[25] “Funding Needs for Meeting Obligations”, Statement by the Netherlands, Standing Committee on Mine Clearance, Mine Awareness and Mine Action Technologies, Geneva, 28 May 2002.
[26] The government’s contribution of $740,071 to Mines Advisory Group (MAG) includes $21,555 overhead fee for Stichting Vluchteling, so MAG receives $758,516, and the government contribution to Handicap International includes $7,500 overhead fee for Stichting Vluchteling, according to interview with Jan Habraken, Stichting Vluchteling, 9 April 2002 and email of 11 April 2002.
[27] Telephone interview with and email from Sjoerd Smit, Security Policy Department, Ministry of Foreign Affairs, 27 March 2002.
[28] Telephone interview with Alexander Verbeek, Security Policy Department, Ministry of Foreign Affair, 27 March 2002.
[29] Email from Christianne Vermuë, Public Information Desk, Ministry of Defense, 29 March 2002; Amended Protocol II Article 13 Report, Form E, 14 November 2001.
[30] “Current and planned Donor Activity for Netherlands,” accessed at: www.mineaction.org on 14 May 2002.
[31] Email to Landmine Monitor from Kerry Brinkert, Manager, Implementation Support Unit, 17 June 2002.
[32] Telephone interview with Jan Habraken, Stichting Vluchteling, 27 March 2002.
[33] Telephone interview with Ms. Maas, ACT-Netherlands, 28 March 2002.
[34] Email from Shamilkha Samarakoon, Financial Officer, Middle East, South Asia and Central Asia Desk, NOVIB, 28 March 2002.
