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Key developments since May 2001: Portugal corrected its stockpile numbers, reporting that at the end of 2001, it had 231,781 antipersonnel mines in stockpiles, or 40,629 less than previously reported. Destruction began in 2002, and as of May, 36,654 mines had been destroyed. Portugal also reported that the number of mines retained for permitted purposes would be reduced to 1,115. In February 2002, the Ministry of Foreign Affairs decided that new implementation legislation is not needed because the Portuguese penal code already criminalizes the prohibited activities.
Portugal signed the Mine Ban Treaty on 3 December 1997 and ratified it on 19 February 1999, becoming a State Party on 1 August 1999. National legislation had been under consideration since then, but in February 2002, the Ministry of Foreign Affairs decided that new legislation is not needed because “the Portuguese penal code already typifies and punishes the activities forbidden by the Convention as dangerous crimes (see particularly Article 26 and 272 to 275 of the Portuguese penal code).”[1]
Portugal participated in the Third Meeting of States Parties in September 2001 in Managua, Nicaragua, represented by its Ambassador to Mexico. Belgium delivered a statement on behalf of the European Union member States, which includes Portugal. Portugal did not attend the intersessional Standing Committee meetings in January 2002, but did attend the meetings in May 2002, represented by Fernando de Brito, Counselor, Permanent Mission to the United Nations in Geneva.
Portugal submitted Article 7 transparency reports on 1 February 2000 and 30 April 2001. A copy of the annual report for calendar year 2001, with a submission date of 27 March 2002, was supplied to Landmine Monitor, but as of 31 July 2002 was not yet posted on the relevant UN website.[2] The report includes use of the voluntary Form J.
On 29 November 2001, Portugal cosponsored and voted in favor of UN General Assembly Resolution 56/24M in support of the Mine Ban Treaty.
Portugal is a State Party to Amended Protocol II of the Convention on Conventional Weapons (CCW). Landmine Monitor has no record of Portugal submitting its transparency report required under the protocol’s Article 13 in 1999, 2000, or 2001, although the Ministry of Foreign Affairs indicated that an Article 13 report for 2000 was submitted in December 2000.[3] Portugal did not attend the Third Annual Conference of States Parties to Amended Protocol II on 10 December 2001. It did participate in the Second CCW Review Conference on 11-21 December 2001. A statement was delivered by Belgium on behalf of European Union member States.
In its report of January 2002 to the Organization for Security and Cooperation in Europe (OSCE), Portugal stated that it “accepts the principle of complementarity of all international and regional fora, leading to the universalization of the Ottawa Convention. In no case will be acceptable any negotiation which can set up exceptions to the ultimate goal of the Ottawa Convention.”[4] During the Portuguese chairmanship of the OSCE in 2002, the mine issue was not prioritized in any of the documents available as of July 2002.[5]
A national campaign on landmines and other remnants of war – ALEM-SOLVIG - involving Portuguese and Angolans was launched in March 2002 to advocate the full and rigorous implementation of the Mine Ban Treaty, including assistance for mine-affected countries, particularly those suffering from Portuguese-made mines, and Lusophone countries such as Angola and Mozambique.[6]
Portugal stopped production of antipersonnel mines in 1988 and has prohibited export since 1996. Eight types of antipersonnel mine were produced, and Portuguese mines have been found in 10 countries.[7]
In response to inquiries about Portugal’s position on the issue of joint operations with non-States Parties to the Mine Ban Treaty, the Ministry of Foreign Affairs declared that, “in a operational situation, Portugal will not use antipersonnel mines and will have, in general, a behavior consistent with the obligations assumed in the scope of the Ottawa Convention.”[8] In 2001, Portugal was involved in various military exercises with NATO and PALOPS (African Portuguese-speaking countries), including Angola, which has used landmines.
Regarding the issue of possible transit of antipersonnel mines, the Ministry of Foreign Affairs in 2002 repeated a statement from last year indicating it would not be permitted, adding “naturally, Portugal as a state party of the Ottawa Convention, would not give the authorization to a transfer.”[9]
Portugal’s Article 7 Report for 2001 provides revised stockpile data, confirming information given previously by the Ministry of Defense in interviews.
[11] However, the original stockpile data was more precise and detailed, listing 11 types of mine.
[13] The types of mines, and the purposes for which they are retained, are not reported.
There have been several reports previously, both official and unofficial, giving different stockpile quantities. In October 1998, Portugal stated that it possessed a total stockpile of 244,000 mines and that it would destroy 187,000 mines from November 1998 to November 2000.[14] In October 2000, the Ministry of Defense gave three different sets of numbers for the mines awaiting destruction: 187,000, 184,000 and 183,000.[15]
Asked previously about the discrepancy between the stockpile numbers given by the Ministry of Defense and the first two Article 7 Reports, a spokesperson in January 2002 said that the Article 7 Reports gave estimates which were excessive.[16] A different defense spokesperson confirmed a few days later that the numbers in the first two Article 7 Reports were excessive because Portugal “in 1999, had no time to make a precise evaluation of the numbers of mines.” Using “the method of volumetric reading estimate,” Portugal calculated having 272,410 antipersonnel mines, but the correct number was now known to be 231,781.[17]
In a letter dated 19 July 2002, Portugal stated that as of May 2002, a total of 36,654 mines had been destroyed. It said, “In view of the data available and the current level of destruction, it is foreseen that the deadline established by the Convention for stockpile destruction will be achieved.”[18] Portugal’s treaty-mandated deadline to complete stockpile destruction is 1 August 2003. A Ministry of Defense spokesperson said that plans call for destruction of 220,000 antipersonnel mines by February 2003, and the remaining mines by August.[19]
It is unclear when stockpile destruction began. The second Article 7 Report, submitted on 30 April 2001, said that stockpile destruction “is expected to take place in 2001.”[20] Between September 2001 and January 2002, three different dates for the start of stockpile destruction (December, late January, and mid- February) were announced by the Ministry of Defense or IDD (Indústria de Desmilitarização e Defesa – Demilitarization and Defense Industry), the public company under Ministry of Defense control.[21] In January 2002, Portugal’s OSCE report stated that “the destruction is in progress.”[22] In contrast, the most recent Article 7 Report claimed, “The beginning of the destruction process is expected to take place in February 2002.”[23] In February 2002, the Ministry of Foreign Affairs acknowledged that the destruction program had been delayed due to technical problems, but said destruction would start in the first three months of 2002, at the Alto do Estanqueiro facility in Alcochete municipality.[24]
The July 2002 letter explained, “The process of stockpile destruction should have started in 2001 but it suffered delays due to a need for an environment impact study of the area where the destruction was scheduled to take place. There were also technical problems with the equipment to be used for the said destruction which contributed to the delay. However, those problems have since been resolved and the process of stockpile destruction is well under way.”[25]
There has also been conflicting information about the location of stockpile destruction. The Article 7 Reports dated 30 April 2001 and 27 March 2002 state that stockpile destruction will take place at two designated destruction sites (Alto do Estanqueiro and Campo de Tiro) in Alcochete municipality. However, in May 2000, the Ministry of Defense had authorized IDD to conduct the destruction program at Rego da Amoreira, in the former Explosivos Extra factory, in the same municipality. In September 2001, Rego da Amoreira was again identified as the destruction site.[26]
The conflict reported in Landmine Monitor Report 2001 between the State and the Municipal Assembly of Alcochete over the environmental safety of the destruction process continued in 2001. The Ministry of Defense and IDD rejected claims for an environmental impact study and public consultation. In June 2001 IDD submitted a new offer to the municipality, which after further negotiation was accepted in September 2001. The agreement included payments for the Fire Department to train IDD staff, a survey in which city council and municipal assembly members will be included, changes to the liquid residues treatment system, reporting of all solid residues to the municipal assembly, and agreement that foreign munitions will not be involved.[27] However, an Actio Popularis—a law suit—was brought in December 2001 to prevent setting up of the destruction unit without an environmental impact assessment and public consultation.[28]
Portugal has reported little information about mine action funding in 2001. No data has been submitted to the UNMAS Mine Action Investments database.[29] No funding information is included in the Mine Ban Treaty Article 7 Reports. Portugal’s report to the OSCE in January 2002 gave no details, although previous OSCE reports cited demining and training in Angola.[30]
Since 1999, Portugal has been assisting Angola through a program of physiotherapeutic care in Portugal, at Coimbra Military Hospital, for Angolan children who are amputee war victims. (See below for details). In 2000, the funding of this project totaled 10,122,856 escudos ($44,166), and in 2001 it totaled 12,853,415 escudos ($56,080). The funding went to the Military Hospital.[31]
The System and Robotics Institute (ISR – Instituto de Sistemas e Robóticas) of Coimbra University has carried out since the start of 2001 a mine detection research program using a robot equipped with a multi-sensor system (infra-red, a Schiebel metal detector and possibly an olfactory sensor). The project is financed by FCT (Fundação para a Ciência e Tecnologia- Foundation for Science and Technology). The system, called Demine, has not yet been tested in operational conditions.[32]
In 1996, four Portuguese officers were injured by landmines in Bosnia.[33] On 1 July 2000, three Portuguese UN soldiers were injured by shrapnel at a popular beach ten kilometers from Dili when they disturbed an unidentified unexploded device.[34]
Portugal is not mine-affected, but there are mine survivors in Portugal from the colonial wars and more recently from Angola and Mozambique. Studies indicate that mine accidents accounted for over half of all casualties in the Portuguese Army during the colonial wars.[35]
The latest Article 7 Report states that in 2001 Portuguese authorities provided assistance to a group of 12 children from Angola at the Military Hospital of Coimbra.[36] In February 2002, the Ministry of Foreign Affairs stated that, to date, twenty boys have been treated, and twelve girls are awaited.[37] However, in March 2002, the doctor responsible for the physiotherapeutic department stated, “There are no children in hospital, most of them returned. Of the total of 32 children that were treated in the hospital, only four of them are still in Coimbra, living in the headquarters of Madre Teresa Association and only one awaits surgery on his stump.” Besides the physiotherapeutic care, the children also receive psychological support. The criteria for selection are determined by the military hospital.[38]
Some mine survivors residing in Portugal are waiting to receive a pension from the Portuguese government, but cannot before being declared Portuguese nationals. This process has been very slow. According to one survivor, Mozambican law does not provide pensions for those that did not fight for the regular Mozambican armed forces. The mine survivors interviewed do not have financial resources enabling them to live on their own, most of them do not have jobs, and seemed confined to the military facilities. Most of them wanted to “return to Mozambique and to their families.”[39]
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[1] Letter from Manuel Carvalho, Director, Defense and Security Service Directorate, Ministry of Foreign Affairs, in response to Landmine Monitor Questionnaire, 8 February 2002. Landmine Monitor researcher’s translations throughout this report. The articles referred to are general provisions, not specifying antipersonnel mines. Article 273 refers to nuclear devices. Article 275 prohibits the import, production, possession, selling, transportation and use of items classified as “weapons of war” and devices or explosive substances, with penalties of two to five years’ imprisonment. For previous official positions on legislation, see Landmine Monitor Report 2001, p. 761.
[2] Article 7 Reports, submitted on 1 February 2000 for the period 3 December 1999-31 January 2000, and submitted on 30 April 2001 for the period 3 December 1997-31 January 2001. A copy of the latest report was supplied to the Landmine Monitor at the Standing Committee meetings in Geneva in May 2002.
[3] Landmine Monitor has requested copies of all available reports from Portuguese authorities and consulted CCW document lists.
[4] Report of the Portuguese Delegation to the OSCE, 18 January 2002, p. 1. Similar statements were made in previous OSCE reports.
[5] www.osce.org/cio/programme.
[6] ALEM-SOLVIG - Acção Lusófona de Erradicação das Minas e de Solidariedade para com as Vítimas de Guerra, National Registry of Collective Persons, Lisbon, provisional number P506077543.
[7] See Landmine Monitor Report 2000, p. 708. Portuguese mines have been found in Angola, Guinea-Bissau, Iraq, Mozambique, Namibia, Nicaragua, Somalia, South Africa, Zambia, and Zimbabwe. Mozambique’s initial Article 7 Report indicated its stockpile included Portuguese M966, M969, and M971 mines.
[8] Letter from Manuel Carvalho, Director, Defense and Security Service Directorate, Ministry of Foreign Affairs, in response to Landmine Monitor Questionnaire, 8 February 2002.
[9] Letter from Manuel Carvalho, Ministry of Foreign Affairs, 8 February 2002.
[10] Article 7 Report, Form B, 27 March 2002.
[11] Article 7 Report, Form J, 27 March 2002.
[12] Article 7 Reports, Form B, 1 February 2000 and 30 April 2001.
[13] Article 7 Report, Form D, 27 March 2002.
[14] José Vegar, “Portugal Destrói Minas” (“Portugal Destroys Mines”), Expresso (weekly newspaper), 3 October 1998.
[15] “Explosões assustam Rego de Amoreira” (“Explosions Frighten Rego da Amoreira”), Jornal de Notícias, 26 October 2000; Statement by the Ministry of Defense, LUSA (news agency), 11 and 23 October 2000; Statement by the Minister of Defense Castro Caldas, LUSA, 23 October 2000.
[16] Aires Marques, Press Attaché and Counselor, Ministry of Defense, LUSA, 23 January 2002.
[17] Interview with Col. Bom de Sousa and the Landmine Monitor researcher by Carlos Silva, Radio Renascença, 24 January 2002.
[18] Letter from the Permanent Mission of Portugal in Geneva to the Geneva International Center for Humanitarian Demining, DESARM-268/2002, 19 July 2002.
[19] Aires Marques, Press Attaché and Counselor, Ministry of Defense, LUSA, 23 January 2002.
[20] Article 7 Report, Form F, 30 April 2001.
[21] Statements by the Ministry of Defense and IDD, LUSA, 27 September 2001, 14 December 2001, and 23 January 2002.
[22] Report to the OSCE, 18 January 2002, p. 2.
[23] Article 7 Report, Form G, 27 March 2002.
[24] Letter from Manuel Carvalho, Ministry of Foreign Affairs, 8 February 2002.
[25] Letter to the GICHD, DESARM-268/2002, 19 July 2002.
[26] Statements by the Ministry of Defense and IDD, LUSA, 23 October 2000 and 27 September 2001; see also Landmine Monitor Report 2001, pp. 764-766.
[27] “Autarquia Desiste Do Processo” (“Autarky Gives Up Law Suit”), LUSA, 27 September 2001; Statement of Alcochete Municpality, LUSA, 27 September 2001; Statement by Miguel Boieiro, President of the Municipal Assembly, LUSA, 27 September 2001.
[28] Statement by Arnaldo Fernandes, former President of Alcochete Municipal Assembly, LUSA, 14 December 2001.
[29] www.mineaction.org, accessed on 1 May 2002.
[30] Report to the OSCE, 18 January 2002, p. 2.
[31] Letter from Manuel Carvalho, Ministry of Foreign Affairs, 8 February 2002.
[32] Telephone interview with Lino Marques, ISR’s DEMINE research program director, Coimbra, 7 March 2002; email from Lino Marques, 8 March 2002, and www.isr.uc.pt.
[33] www.caleida.pt/ifor. Portuguese peace-keeping force website on Bosnia and Kosovo.
[34] “UN Soldiers Injured in Beach Explosion in East Timor,” Associated Press, 1 July 2000.
[35] Aniceto Afonso and Carlos De Matos Gomes, “Minas,” in Guerra Colonial, (Editorial Notícias, 3rd Edition, September 2001), pp. 312-323; Carlos de Matos Gomes, Mozambique 1970, Operação Nó Gordio, (Edição Prefácio); John Marcum, The Angolan Revolution: Exile Politics and Guerilla Warfare (1972-1976), vol. 2 (Cambridge, 1978).
[36] Article 7 Report, Form J, dated 27 March 2002 covering calendar year 2001.
[37] Letter from Manuel Carvalho, Ministry of Foreign Affairs, 8 February 2002.
[38] Telephone interview with Dr Fontes, Physiotherapeutic Department, Coimbra Military Hospital, Coimbra, 28 March 2000.
[39] Visit by Quim Pipa and Tiago Douwens Prats to the Electro-mechanics Military School in Paço de Arcos, suburbs of Lisbon, and to Graça’s (Lisbon) Military Transmissions Regiment, Lisbon, 4 March 2002.
