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Key developments since May 2001: Norway continued to play a key leadership role in promoting full implementation of the Mine Ban Treaty and developing the intersessional work program. Norway served as President of the Second Meeting of States Parties until September 2001 and co-chair of the Standing Committee on General Status and Operation of the Convention since September 2001. Financial contributions to mine action in 2001 totaled NOK176.85 million ($19.65 million).
Norway signed the Mine Ban Treaty on 3 December 1997 and ratified it on 9 July 1998, becoming a State Party on 1 March 1999. Implementing legislation was passed on 16 June 1998. Norway submitted its annual Article 7 transparency report for 2001 on 30 April 2002.[1]
At the Third Meeting of States Parties in September 2001 in Managua, Nicaragua, Norway was represented by Ambassador Steffen Kongstad, Head of Delegation and President of the Second Meeting of States Parties, and other members of the Ministry of Foreign Affairs and the Norwegian Agency for Development Cooperation. As President of the Second Meeting of States Parties and Chair of the Coordinating Committee from September 2000 to September 2001, Norway shared its extensive experience and provided substantive and practical guidance throughout the preparatory process for the Third Meeting of States Parties, which contributed to its success.
Ambassador Kongstad opened the Third Meeting of States Parties saying the objective of the Convention was to put an end to the human suffering caused by antipersonnel mines. Norway’s opening remarks, as outgoing President, focused on the success and consolidation of the Convention; the progress made to date; its humanitarian objectives and need for continued practical implementation; the establishment of the norm; sustaining the credibility and integrity of the Convention by securing a sound understanding of its key obligations; the necessity to clarify allegations of non-compliance; the need to strengthen the intersessional work and develop adequate support functions; and finally, the importance of partnership between States with different social and economic conditions and between governments and civil society, in particular the “indispensable” partners, ICBL and ICRC.[2]
Ambassador Kongstad also stressed the need for adequate funding for mine action programs:
We cannot take it for granted that the present level of funding will be maintained for all future... We must make sure that available resources are used in the best possible way. All relevant actors must support each other. Mine-affected States must take ownership of mine action activities. It is essential that mine action responds to local needs. Effective coordination at the national and local levels is key to achieving efficient use of our mine action efforts. The Norwegian pledge to allocate US$120 million over a five-year period stands. But beyond this period, we will continue to be engaged in this issue, politically and financially. Together with other donors, we will seek arrangements to secure sustainable funding.[3]
With respect to Article 2 of the Mine Ban Treaty dealing with the definition of an antipersonnel mine, Ambassador Kongstad noted that: “During the Oslo negotiations in 1997, there was agreement on an effect oriented definition of APMs... it does not matter how a weapon is labeled or defined. As long as it de facto functions as an APM, it falls within the scope of article 2.... What counts is the humanitarian impact.”[4]
The Norwegian delegation also stated that Norway has found no practical need to retain live mines for training purposes, and noted that humanitarian mine action NGOs, which are the main mine clearance operators, have stated they do not need live mines for training. The delegation expressed concern that the exception laid down in Article 3 should not be allowed to become a loophole, and therefore stressed the importance of including information on the number of mines used and retained in annual Article 7 Reports.[5]
Norway was elected by the Third Meeting of States Parties to become co-chair of the intersessional Standing Committee on the General Status and Operation of the Convention. In this key role, Norway continues to promote full implementation of the treaty, with a focus on its humanitarian imperative. Throughout the year, Norway contributed to work on enhancements to the intersessional work program, on preparations for the Fourth Meeting of States Parties and on initiating thinking about a preparatory process for the Review Conference in 2004.
Norway participated actively in the Standing Committee meetings in January and May 2002. At the meetings in January 2002, Norway expressed its concern about allegations of non-compliance by States Parties and stressed that the “spirit of cooperation must be the guiding principle for States Parties in seeking clarifications on matters pertaining to non-compliance.”[6] In this regard, Norway has sought clarifications, on a bilateral level, in some instances where there have been allegations of non-compliance.
At the General Status meetings in May 2002, Co-Chair Norway, summarizing discussions from the floor, stressed that the intersessional work should focus on the core humanitarian objectives, while using the guiding principles which have served the process well to date - those of “flexibility, partnership, inclusivity, continuity, effective preparation and, perhaps most importantly, informality.”[7]
Norway made interventions in the other Standing Committees in May, as well, stressing that humanitarian needs must guide donor countries and there must be landmine impact surveys to ensure the best strategic use of resources in mine-affected countries.[8] Norway also expressed its desire to put landmine survivors at the center of discussions as “the Mine Ban Convention is primarily a humanitarian instrument, dealing with humanitarian issues.”[9]
Norway was instrumental in the establishment of the Implementation Support Unit for the Mine Ban Treaty, which was agreed to by States Parties in Managua, and became operational in January 2002. Norway participates in the Universalization Contact Group, which promotes new accessions and ratifications of the Mine Ban Treaty, and the Article 7 Contact Group, which facilitates timely Article 7 reporting by all States Parties. On 29 November 2001, Norway cosponsored and voted for United Nations General Assembly Resolution 56/24M, calling for universalization and full implementation of the Mine Ban Treaty. It had introduced the resolution along with Nicaragua and Belgium—the past, present and future Presidents of Meetings of States Parties.
September 2002 marks the fifth anniversary of the negotiations of the Mine Ban Treaty in Oslo. Joint activities are being organized by the Norwegian government and Norwegian non-governmental organizations, demonstrating Norway’s ongoing commitment to and leadership in the international effort to eradicate antipersonnel mines.
Norway is a party to Amended Protocol II of the Convention on Conventional Weapons (CCW) and submitted a report as required by Article 13 on 10 February 2001. This report, covering the period to the end of 2000, was later re-submitted to the Third Annual Conference of States Parties to Amended Protocol II in December 2001. The report notes that modification of all directional fragmentation charges to prevent indiscriminate use was completed in 1999.[10]
Norway attended the Second CCW Review Conference in December 2001. The delegation gave a statement supporting extension of the CCW to internal conflicts, progress on dealing with explosive remnants of war,[11] and increased technical requirements for antivehicle mines.[12]
In December 2001, Norway also submitted its annual report on landmines to the Organization for Security and Cooperation in Europe; this contained information from the Article 7 and Article 13 reports.
Investment by the Norwegian Petroleum Investment Fund in a Singaporean company that produces antipersonnel mines was discussed in Parliament in mid-June 2001. During the Standing Committee meetings in January 2002 the delegation announced that “the government has decided for the Petroleum Fund to refrain [from] investment in companies that engage in activities that violate international conventions to which Norway is party.”[13]
The Ministry of Foreign Affairs confirmed the official position remains unchanged regarding the issue of possible transfer or transit of US antipersonnel mines into, out of, or across Norway. Norway takes the view that unless property rights are transferred, a transfer has not taken place according to the treaty.
Norway’s stockpile of antipersonnel mines was destroyed by October 1996, with the exception of Claymore-type directional fragmentation mines FFV-013, M19 and M100 which were modified to ensure command-detonation only. These modifications were completed in December 1999.[14]
The Ministry of Foreign Affairs has given assurances that US antipersonnel mines stored in Norway will be removed by 1 March 2003—four years after the entry into force of the Mine Ban Treaty, the legal deadline for destruction of antipersonnel mines under the jurisdiction or control of Norway. As of May 2002, bilateral discussions about the removal of these mines were said to be ongoing, but Norway has provided no details. Norway’s April 2002 Article 7 Report contained no information on the antipersonnel mines stored in Norway by the United States, which Landmine Monitor has reported number some 123,000.
Norway has retained no antipersonnel mines for training or development purposes, as permitted by Article 3 of the Mine Ban Treaty. However, as reported in last year’s Landmine Monitor Report, the Ministry of Defense reserves the right to import antipersonnel mines for purposes permitted by the treaty. In May 2002, this position was reiterated, although no mines have been imported yet, and there are no immediate plans to do so. If mines are imported for permitted purposes, it will be announced.[15] Presently, Norway has 100 inert antipersonnel mines that are used for training.
Stocks of antivehicle mines were examined in 1997 and it was determined that all were in compliance with the Mine Ban Treaty.[16]
The Ministry of Defense confirmed its previous position that Norway can participate in joint operations with States which are not party to the Mine Ban Treaty who may use antipersonnel mines. Norway has stressed that under no circumstances will Norwegian personnel use antipersonnel mines. In a May 2002 letter to Landmine Monitor, the Ministry of Defense stated, “The prohibition against use, as written in Norwegian criminal law, is also valid for Norwegian international commitments,” and claimed that “use” is understood to be “the physical placing of mines.”[17]
With regard to military operations in Afghanistan, the Ministry of Defense stated that it has no knowledge of any use of mines by allied forces. But as Norwegian personnel are under US command, there is a written agreement that the precondition for Norway’s participation is that the soldiers are under Norwegian jurisdiction and can under no circumstances be ordered to conduct any activities that will violate Norwegian law or international treaty commitments.[18]
Norway’s five-year commitment of US$120 million to mine action activities comes to an end in 2002. According to the Ministry of Foreign Affairs, this funding will not automatically be renewed, but Norway has stated on several occasions that a high level of funding will be maintained.[20] Financial contributions to mine action in 2001 totaled NOK176,852,354 million ($19.65 million), roughly the same level as 2000 (NOK178,641,004).
For 2002, approximately NOK215 million (US$23.9 million) is budgeted, but the total may change depending on needs for other important humanitarian projects.
The annual funding totals include allocations from both the Ministry of Foreign Affairs and the Norwegian Agency for International Development (NORAD). In 2001, mine action funding was allocated as shown below.[21]
Funding by Country
$250,000
Norway considers mine action to be an integrated development activity, and a precondition for other development activities in mine-affected countries. Priority is given to countries that are States Parties to the Mine Ban Treaty, but exceptions are made in cases of humanitarian need and where there is a strong willingness to join the treaty. The same policy is used in the evaluation of what other humanitarian projects to support.[23]
Norwegian defense forces have conducted mine clearance operations in Kosovo, Afghanistan, and the Former Yugoslav Republic of Macedonia (FYROM). In September and October 2001, they also participated in Operation Essential Harvest in FYROM, collecting weaponry from rebel forces.[24]
Thirty Norwegian soldiers were participating in mine and explosives clearance in Afghanistan during the first half of 2002, after which mine clearance work will continue with reduced personnel.[25] In May 2002, the media reported that Norwegian military personnel in Afghanistan included 15 “land mine experts who have been clearing mines from the Kandahar and Kabul airports since January.” The 15 personnel were to be withdrawn in July 2002, but another group of 16 explosives experts were to remain in Afghanistan until the end of the year.[26]
The NGO Norwegian People’s Aid (NPA) is involved in 10 mine action programs, in Angola, Bosnia and Herzegovina, Cambodia, Croatia, Ethiopia, Iran, Laos, Lebanon, Mozambique, and northern Iraq/Iraqi Kurdistan. The total budget for NPA mine action programs in 2001 was approximately $14.69 million. The main activities for NPA are the clearance of mines and unexploded ordnance (UXO) and survey of mine-suspected areas. In order to prioritize areas for clearance and get the best possible use of mine clearance resources, NPA has introduced task impact assessment into most programs. This ensures that the process of setting demining priorities is transparent and holistic: “The evaluation takes into consideration: 1) target group needs, 2) prospects and potentials for post-demining activities and how these fit with the needs of the target population, and 3) NPA’s internal capacity and limitations to commit to a task in terms of logistics, human resources, safety, among other things.”[27]
Details on NPA operations are available in the country reports in this edition of the Landmine Monitor. In 2002, the Ministry of Foreign Affairs decided to grant NOK10 million ($1.1 million) to NPA’s mine clearance in Angola as a result of the signing of the peace agreement.[28] The mine action program in Croatia was officially opened in early 2002; the total budget for 2002 is approximately $2 million. NPA also planned to start a program in Sri Lanka in mid-2002. The Lebanon project is the only NPA program with a focus on war victims, including landmine victims. The program is carried out together with three local partners and the National Demining Office in Lebanon.[29]
The Norwegian Red Cross, Trauma Care Foundation, and Tromsoe Mine Victim Resource Center continue to give support to landmine survivors around the world. Norwegian Red Cross runs three bilateral orthopedic centers in Somalia and two delegated projects from the ICRC in Iraq. The Norwegian Red Cross also supports the ICRC mine victim support program and the ICRC Special Fund for the Disabled. Its total budget in 2001 was about NOK37 million ($4.1 million). The three projects in Somalia, based in Hargesia, Galkayo, and Mogadishu, focus on the production and fitting of prostheses, physiotherapy and education. This is carried out jointly with the Somali Red Crescent Society. The annual budget is about NOK5.5 million ($611,111). The two projects in Iraq are in Erbil and Mosul, focusing on physical rehabilitation of mine and war victims. Prosthetics limbs are also produced. The annual budget is about NOK5.5 million ($611,111) and the project is delegated from the ICRC.[30]
The Tromsoe Mine Victim Resource Center is a joint effort of the University Hospital of Northern Norway, Trauma Care Foundation and the World Health Organization. The Center focuses on self-reliance and empowerment in rural communities affected by epidemics of trauma and disease. It develops guidelines and teaching aids for low-tech, low-cost trauma care in the field and district hospitals in the South. The Center works with all victims of war, disaster, everyday accidents and emergencies, as well as mine survivors. The Trauma Care Foundation has worked in Afghanistan, Angola, Burma, Cambodia, Iran, and Iraq.[31]
Norway is a member of the NATO EODICT-system and the NATO combat engineer working group. Norway has bilateral agreements in demining-related R&D with several NATO members and participates in the Nordic Demining Research Forum.[32]
The Norwegian Demining Consortium AS has produced the Compact 230 Minecat with multi-purpose capabilities. NPA evaluated the Minecat in 1999 in Kosovo, after which the machine underwent numerous modifications. The Minecat in Kosovo has been moved to Croatia and donated to the HALO Trust; there are two machines in Iran in use by NPA, and one machine in Jordan.[33]
The company Hägglunds Moelv AS is developing another demining machine, the Viking system, with a flail and power pack.[34] One prototype is undergoing tests in the US and the final test will take place in Norway. The system should be available in late 2002.[35]
The Defense Research Institute (FFI) is cooperating with the Swedish research institute FOI to develop a model identifying the molecules emanating from antipersonnel mines buried in soil. FFI also studied the consequences of the antipersonnel mine ban as part of the NATO SAS-023 working group; this project evaluated several alternatives for antipersonnel mines.[36]
Rofi Industries, in a joint project with UNOCHA, the Mine Action Program in Afghanistan (MAPA) and Danish Demining Group, developed in 2001 a demining apron for protection of the deminers operating in the UN program in Afghanistan. The ballistic performance and functionality/comfort was tested in 2001, and at the start of 2002 all deminers in the UNOCHA/MAPA program were equipped with it.[37]
Norway, Sweden and Denmark are involved in the Nordic Demining Research Forum, whose activities aim to improve demining efficiency and safety. The Forum led to setting up the CEN Working Group 126, which focuses on standardization of mine action. This has now been entrusted to the Swedish and Danish standardization organizations, closely supported by Norway.[38]
The AMAC (Assistance to Mine-Affected Communities) project at the International Peace Research Institute in Oslo focused in 2001 on training courses for field personnel related to capacity building and long-term commitments. The Manica study, a pilot community impact study, was conducted in Mozambique as a joint training effort with NPA. The objective was to create an analytical capacity within the institution. The project trained 11 supervisors and led to the implementation of the task impact assessment at NPA-Mozambique. As a follow-up, a comprehensive eight-week combined methods training course was held in Mozambique with participants from Angola, Eritrea, Malawi and Mozambique; 18 local staff from supervisor level participated.
The AMAC project participated in the Third Meeting of States Parties in September 2001, and the intersessional standing committee meetings in 2001 and 2002. AMAC also participates in European standards meetings related to the CEN working group 128. AMAC receives its funding from the Ministry of Foreign Affairs and from Canada’s Department of Foreign Affairs and International Trade.[39]
The AMAC project carried out an evaluation of the Swedish International Development Agency’s contribution to humanitarian mine action. Another evaluation report in 2001 by PRIO was described as “reassessing the impact of mine action: illustrations from Mozambique.”[40]
In July 2001, a Norwegian working as a European Union observer in Macedonia was killed when the vehicle in which he was traveling hit a landmine. Two others, a Slovakian and an Albanian, were also killed in the incident.[41] In April 2002, a deminer working for the Norwegian Army conducting mine clearance in Afghanistan was injured in a mine incident while clearing for mines at Bagram airport.[42]
At the Standing Committee meetings in May 2002, Norway described victim assistance as “a part of humanitarian mine action.” But it also has to be a part of “broader efforts to improve the situation of disabled persons and the wider development agenda. Mine victim assistance comprises different aspects, such as prevention, immediate lifesaving and medical care, physical rehabilitation and socio-economic reintegration. Sustainability and the need to build local capacity are central elements in responding effectively.”[43] Norway contributes 20 percent of the budget for mine action to victim assistance projects. In 2001, this was approximately $4.3 million. However, Norway takes the view that ownership and responsibility for victim assistance lies with the recipient. “Mine-affected countries, which demonstrate that they will spend domestic resources on victim assistance programs, will be better positioned to attract external funding. Physical, social and psychological rehabilitation, as well as reintegration of landmine survivors must be part of national health programs as well as development strategies.”[44]
In 2001, Norway, together with Switzerland and Germany, provided support to Handicap International in the organization of the regional conference on victim assistance, held in Thailand on 6-8 November 2001.[45]
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[1] Article 7 Report, submitted on 30 April 2002, for calendar year 2001. Previous Article 7 Reports were submitted on 26 August 1999 (for the period 1 March-26 August 1999); on 23 August 2000 (for the period 26 August 1999-22 August 2000); and, on 11 June 2001 (for calendar year 2000).
[2] Ambassador Steffen Kongstad, President of the Second Meeting of States Parties, Opening Statement to the Third Meeting of States Parties, Managua, Nicaragua, 18 September 2001.
[3] Statement of the Delegation of Norway to the Third Meeting of States Parties, Managua, 18-21 September 2001.
[4] Ibid.
[5] Landmine Monitor notes, Third Meeting of States Parties, Managua, Nicaragua, 18-21 September 2001.
[6] Statement by Norway on Compliance Concerns to the Standing Committee on the General Status and Operation of the Convention, Geneva, 1 February 2002, available at www.gichd.ch.
[7] Remarks to the Standing Committee on the General Status and Operation of the Convention, Geneva, 1 February 2002. Notes by ICBL.
[8] Statement by Norway to the Standing Committee on Mine Clearance, Mine Awareness and Mine Action Technologies, Geneva, 28 May 2002, available at www.gichd.ch.
[9] Statement by Norway on Mine Victim Assistance, Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 29 May 2002, available at www.gichd.ch.
[10] Amended Protocol II Article 13 Report, Form F, 10 February 2001.
[11] For a preparatory meeting in May 2002, Norway and the British NGO, Landmine Action, prepared a joint discussion paper on warnings to civilians in relation to explosive remnants of war.
[12] Statement by Ambassador Sverrre Bergh Johansen to the Second CCW Review Conference, Geneva, 11 December 2001.
[13] Statement by Norway on Article 1 to the Standing Committee on the General Status and Operation of the Convention, Geneva, 1 February 2002, available at www.gichd.ch. See also Landmine Monitor Report 2001, p. 752.
[14] Letter from Annette Bjørseth, Adviser, Ministry of Defense, 21 May 2002; see also, Landmine Monitor Report 2001, pp. 752-753.
[15] Interview with Annette Bjørseth, Advisor, Ministry of Defense, at the Standing Committee meetings, Geneva, 29 May 2002.
[16] Interview with Annette Bjørseth, Ministry of Defense, 29 May 2002, and letter, 21 May 2002.
[17] Letter from Annette Bjørseth, Ministry of Defense, 21 May 2002.
[18] Ibid.
[19] Exchange rate at 27 June 2002: US$1 = NOK9, used throughout.
[20] Interviews with Ambassador Hans Fredrik Lehne, Special Advisor for Humanitarian Questions, Department of Human Rights, Humanitarian Assistance and Democracy, Ministry of Foreign Affairs, Oslo, 11 April and 21 May 2002, and Statement of the Delegation of Norway to the Third Meeting of States Parties, Managua, Nicaragua, 18-21 September 2001.
[21] Funding tables provided during interview with Ambassador Hans Fredrik Lehne, Special Advisor for Humanitarian Questions, Department of Human Rights, Humanitarian Assistance and Democracy, Ministry of Foreign Affairs, Oslo, 21 May 2002.
[22] The GICHD reports receiving CHF96,698 ($44,145) in 2001 and CHF100,778 ($46,017) from Norway for the Implementation Support Unit: email from Kerry Brinkert, ISU, 17 June 2002. Exchange rate at 3 June 2002: US$1 = CHF 2.19.
[23] Interview with Annette Bjørseth, Ministry of Defense, Geneva, 29 May 2002.
[24] Report to the Organization for Cooperation and Security in Europe, December 2001.
[25] Letter from Annette Bjørseth, Ministry of Defense, 21 May 2002.
[26] “Norway Announces Changes in its Afghanistan contingent,” Associated Press, 28 May 2002.
[27] “Humanitarian Mine Action 2002,” Mine Action Portfolio, Norwegian People’s Aid.
[28] Interviews with Ambassador Hans Fredrik Lehne, Special Advisor for Humanitarian Questions, Department of Human Rights, Humanitarian Assistance and Democracy, Ministry of Foreign Affairs, Oslo, 11 April and 21 May 2002. This donation was given to Norwegian People’s Aid in addition to what it receives from NORAD in 2002.
[29] Email from Janecke Wille, NPA, Oslo, 26 July 2002.
[30] Response of the Norwegian Red Cross to Landmine Monitor Survivor Assistance Questionnaire, 6 May 2002.
[31] Trauma Care Foundation website: www.traumacare.no, accessed on 27 June 2002.
[32] Report to the Organization for Cooperation and Security in Europe, December 2001.
[33] Norwegian Demining Consortium (NoDeCo) website: www.nodeco.nu/indexIE.html, accessed on 27 June 2002; email from Janecke Wille, NPA, 26 July 2002.
[34] Mechanical Demining Equipment Catalogue, GICHD, 2002, p. 46.
[35] Ibid., p. 47.
[36] Email from Defense Research Institute (FFI), 14 June 2002.
[37] Email from Stein Hagen, Rofi AS, 18 June 2002.
[38] EMail from Ole Nymann, Nordic Demining Research Forum, 16 June 2002. CEN working groups are organized under the auspices of the European Committee for Standardisation.
[39] Email from Ananda Millard, PRIO, 17 June 2002.
[40] Ibid.
[41] “France Expresses Shock over Death of EU Observers in Macedonia,” Xinhua, 20 July 2001.
[42] Nettavisen (Norwegian internet newspaper), 5 April 2002 (untitled article).
[43] Statement by Norway on mine victim assistance to the Standing Committee on Victim Assistance and Socio-Economic Reintegration, Geneva, 29 May 2002, available at www.gichd.ch.
[44] Ibid.
[45] “Presentation of Paul Vermuelen, Director, Handicap International Switzerland, “Regional Conference on Victim Assistance in the Framework of the Mine Ban Treaty,” 6-8 November 2001.
