| <SOUTH AFRICA | SURINAME> |
Key developments since May 2001: Spain opened an International Demining Training Center, and conducted two courses for Lebanese and Central American participants. Mine action funding in 2001 totaled €741,357 ($667,221). Spain sent three demining teams to Afghanistan. In September 2001, Parliament approved a “green paper” intended to increase the funding for mine action.
Spain signed the Mine Ban Treaty on 3 December 1997 and ratified it on 19 January 1999, becoming a State Party on 1 July 1999. National legislation, Law 33/1998, was passed in October 1998. In response to concerns that the law does not include penal sanctions as required by Article 9 of the Mine Ban Treaty, the Spanish government states that “penal sanctions...were already included before its adoption, at least in the Ordinary Penal Code, the Military Penal Code and the Constitutional Law 12/95, on the repression of smuggling.”[1]
Spain attended the Third Meeting of States Parties in September 2001 in Managua, Nicaragua.[2] In its general statement, the delegation emphasized the challenges to be met by States Parties in fulfilling obligations, including ensuring that international cooperation required by Article 6 occurs in practice. Spain called on all countries to join the treaty as soon as possible, and noted that eradication of mines is part of European common foreign policy.[3]
On 26 September 2001, a “green paper” was approved by parliament that, among other things, called for more initiatives, especially in the European Union (EU) context, to encourage all countries to join the Mine Ban Treaty.[4] (See below for more on the paper). On 29 November 2001, Spain cosponsored and voted in favor of UN General Assembly Resolution 56/24M, calling for universalization of the Mine Ban Treaty. However, in a response to Landmine Monitor inquiries, the Ministry of Foreign Affairs reported no specific activities undertaken by Spain during its presidency of the EU in the first half of 2002 to encourage other countries to join the treaty.[5]
Spain participated in the intersessional Standing Committee meetings in January and May 2002. In May 2002, the delegation was led by Ambassador Carlos Miranda, who presented a statement on behalf of the EU Member States, which referred to EU support for dealing with antivehicle mines within the Convention on Conventional Weapons (CCW).[6]
Spain submitted its annual Article 7 transparency report on 7 June 2002. It included the voluntary Form J, in which Spain reports details of funding and other mine action assistance. Previous Article 7 Reports were submitted on 15 December 1999 and 15 April 2001.[7]
Spain is a State Party to Amended Protocol II to the CCW. It attended the Third Annual Conference of States Parties to CCW Amended Protocol II and the Second Review Conference of the CCW in December 2001. Spain submitted its Article 13 annual report for Amended Protocol II on 24 January 2002.[8]
Spain’s annual report to the Organization for Security and Cooperation in Europe was submitted on 14 December 2001.[9]
The Spanish Campaign to Ban Landmines has raised concerns about two Spanish antivehicle mines with antihandling devices that may function as antipersonnel mines, the SB-81/AR-AN and the C-5.[10] The Spanish Campaign has noted that the national Law 33/1998 prohibits both antipersonnel mines and “similar weapons” (minas antipersonal y armas de efecto similar), and argues that antivehicle mines with antihandling devices or sensitive fuzes are therefore banned under Spanish law, as well as the Mine Ban Treaty.
The Ministries of Defense and Foreign Affairs restated their view that since Article 2.1 of the Mine Ban Treaty excludes antivehicle mines with antihandling devices, these two Spanish mines are not covered by the treaty, and therefore there is no need to report on such mines in Article 7.[11] The Ministry of Foreign Affairs added that antivehicle mines with antihandling devices, as well as cluster bombs and unexploded ordnance (UXO), should be regulated in the CCW, not the Mine Ban Treaty.[12]
However, at the same time, the Ministry of Foreign Affairs acknowledged that the Mine Ban Treaty “uses an approach based on the effects which characterize antipersonnel mines.... For that reason it is already possible to include in the framework of the [Mine Ban Treaty] those weapons designed to have similar effects. This is the interpretation made by the Spanish Parliament in approving Law 33/1998 on the total prohibition of landmines and weapons with similar effects.”[13]
Production of antipersonnel mines ceased officially in May 1996. Export has been prohibited since 1994. Spain last used antipersonnel mines on the Moroccan border in 1975.[14] There have been no reports of use of antipersonnel mines by non-State actors in Spain.
The 1998 national law obliged Spain to destroy existing stockpiles of antipersonnel mines within three years, which was achieved on 3 October 2000.[15.]
In March 2000, Spain decided to reduce the number of mines retained for permitted purposes under Article 3 of the treaty from 10,000 to 4,000. Two types of blast antipersonnel mines were retained: the P-5 (3,784 mines) and P-4B (216 mines). The specific purposes for which these mines are retained have not been stated. The numbers are unchanged since December 1999, so it appears that none have been consumed yet for the permitted purposes.[16]
The Ministry of Defense states there are no foreign antipersonnel mines on Spanish territory, including at the US installations at Torrejón near Madrid and at Rota and Morón de la Frontera near Cadiz. Spain described these installations not as military bases but as “use installations” which are commanded by Spain and subject to Spanish legislation.[17] The Ministry of Defense added that once Law 33/1998 was approved and the treaty was ratified, the US was requested to remove all mines from the installations.[18]
Criteria for mine action funding and assistance used by the Spanish Cooperation Agency (AECI) were summarized in Landmine Monitor Report 2001. Spain prioritizes programs in Central America, Peru, Ecuador, Angola, and Mozambique.
In September 2001, Parliament approved a “green paper” intended to increase the funding for mine action.[19] The paper urged the government to increase resources for demining and victim assistance programs through bilateral and multilateral financial aid, education and information programs for civilian populations in mine-affected areas, mine detection and decontamination in other countries, and Spanish contributions to the UN Voluntary Trust Fund. The paper also urges increased allocation of military personnel for demining, and increased funding through AECI for NGOs working on victim assistance. The green paper does not specify the method or the date when the mine action budget should be increased, and does not specify which ministry is responsible.[20]
Spain’s latest Article 7 Report gives details on mine action funding totaling €741,357 ($667,221) in 2001. These include: €416,811 (US$375,130) for two training courses in humanitarian demining for Lebanese and Central American participants;[21] €300,506 ($270,455) to the Organization of American States for training in humanitarian demining; €24,040 ($21,636) to the Association for the Cooperation and Development of Cambodia (ACADICA) for a mine risk education program.[22]
Spain has reported providing a total of almost €4.2 million ($3.78 million) for mine action funding in the period 1995-2001.[23] This includes €2.4 million for demining in Central America, €1.08 million to the UN Voluntary Trust Fund for demining in Angola, Mozambique and Kosovo, and €600,000 for demining on the Peru-Ecuador border.[24]
In 2001, Spain opened an International Demining Training Center, which aims to provide training in accordance with the UN International Mine Actions Standards. From 16 to 25 May 2001, a course on humanitarian demining was conducted for 20 Lebanese officials, organized in cooperation with the Russian Federation Ministry of Emergency. From 22 October to 30 November 2001, a course was held for 15 humanitarian demining instructors from Nicaragua, Honduras, El Salvador, and Costa Rica.[25]
For 2002, the following international courses were planned: humanitarian demining for Angolan and Mozambican officials; recognizing and deactivating explosives for Central American countries; humanitarian demining operations management; and a humanitarian demining seminar for civilians involved in demining. The cost of these courses is estimated at €712,220 ($640,998), to be funded by the Ministry of Defense and AECI.[26] The International Demining Training Center has also planned a training course for Afghan demining instructors so that they can, in turn, train people in Afghanistan on demining tasks.[27]
Spain has cooperated with the International Security and Assistance Force, sending three demining teams to Afghanistan. Their mission includes inspection, transfer and decontamination of explosives (mostly antivehicle mines, antipersonnel mines and unexploded ordnance).[28] It was reported on 15 March 2002, that the Spanish teams had dealt with 616 mines since the start of the mission on 26 February.[29] The involvement of Spanish military personnel in KFOR in Kosovo and SFOR in Bosnia and Herzegovina included mine detection and clearance duties; further details are not reported.[30]
In 2001, the NGO Moviment per la Pau (MxP) organized a fundraising football match between RCD Español veterans and a team of Spanish actors and journalists. The funds will be used for demining in Bosnia and Herzegovina, in cooperation with the Bosnian NGO Akcija Protiv Mina (Action Against Mines). MxP has also produced postcards and teaching packs to maintain public awareness of the mine issue.[31] The NGO ACADICA received AECI funding for a mine awareness program in Cambodia.[32]
The Spanish company GTD Ingeniería de Sistemas y de Software is participating in the Eureka project “ANGEL.” The objective is to create, test and consolidate a set of technologies and equipment to find, identify and neutralize antipersonnel mines. This project is a joint investment totaling €40 million and involving more than 15 European companies and scientific organizations. GTD has been part of this project since its inception, and shares 35 percent of the total investment in the six-year R&D plan. The Spanish Army is collaborating with the program, providing technical assistance and a controlled area for testing and training.[33]
In 2001, the NGO Vida sin Barreras held a fundraising concert for victim assistance on 17 December 2001, and used the funds (in cooperation with the national transport company MRW) to develop a project called “Stop Antipersonnel Landmines.” This involved collection of prostheses, wheelchairs, and crutches all around Spain from April to July 2001, which were then distributed in Bosnia and Herzegovina during August and September 2001. Several Bosnian NGOs participated in the project: Red Cross in Livno, H.O. Altius in Sarajevo, Klinicki Centar Univerziteta Sarajevo, Association of Paraplegics of Sarajevo, and Association Umero in central Bosnia. A budget of €1,000 was allocated to the project; there was no governmental funding.[34]
| <SOUTH AFRICA | SURINAME> |
[1] Letter from Manuel Morato Ferro, Department of Defense Policy, Ministry of Defense, 24 October 2001; letter from Raimundo Robredo Rubio, Department of International Disarmament Affairs, Ministry of Foreign Affairs, 6 March 2002. Landmine Monitor researcher’s translations throughout this report.
[2] The delegation was led by Ignacio Matellanes, Ambassador to Nicaragua, and composed of representatives from the Spanish Embassy in Managua, the Ministry of Defense and the Ministry of Foreign Affairs.
[3] Discurso del Secretario General de la AECI ante la Tercera Reunión de Estados Parte en la Convención de Ottawa, Third Meeting of States Parties, 18-21 September 2001.
[4] Green Paper 161/000696. Motion presented by Grup Parlamentari Català (CIU) and published in BOGG, Congreso de los Diputados, Series D, No. 166, 23 April 2001.
[5] Letter from Raimundo Robredo Rubio, Ministry of Foreign Affairs, 25 April 2002.
[6] Statement on Behalf of the European Union by Ambassador Carlos Miranda, Permanent Mission of Spain to the Conference on Disarmament, Standing Committee on the General Status and Operation of the Convention, Geneva, 31 May 2002.
[7] Article 7 Reports, submitted on 15 December 1999 for the period 1 July-28 December 1999; submitted on 15 April 2001 for the period 28 December 1999-31 December 2000; and submitted on 7 June 2002 for the period 28 January-31 December 2001.
[8] Article 13 Report, submitted on 24 January 2002 for the period 1 October 2000-15 December 2001.
[9] Report of the Permanent Representative to the Organization for Security and Cooperation in Europe, 14 December 2001.
[10] See Landmine Monitor Report 2001, pp. 785 and 787, for additional discussion of these mines and Spain’s views. The government has said that a third mine of concern, the CETME, is not in stock.
[11] Letter from Manuel Morato Ferro, Ministry of Defense, 24 October 2001; letter from Raimundo Robredo Rubio, Ministry of Foreign Affairs, 6 March 2002.
[12] Letter from Raimundo Robredo Rubio, Ministry of Foreign Affairs, 6 March 2002.
[13] Letter from Raimundo Robredo Rubio, Ministry of Foreign Affairs, 6 March 2002. Similar statements about Law 33/1998 have been made in the past. See Landmine Monitor Report 2000, pp. 722-723.
[14] For details of past production, transfer, and use, see Landmine Monitor Report 1999, pp. 650-654, and Landmine Monitor Report 2001, pp. 785-786.
[15.] Article 13 Report, Form C, 24 January 2002; Article 7 Report, Form G, 7 June 2002.
[16] Article 7 Reports, Form C, 15 April 2001 and 7 June 2002; Amended Protocol II Article 13 Report, Form C, 20 November 2000; Report to the OSCE, 13 December 2000, p. 1.
[17] Letter from Manuel Morato Ferro, Ministry of Defense, 24 October 2001: “EEUU no dispone de bases un España, sino instalaciones de uso.”
[18] Telephone interview with official at Ministry of Defense, 8 December 2001.
[19] Green Paper 161/000696. Motion presented by Grup Parlamentari Català (CIU) and published in BOGG, Congreso de los Diputados, Series D, No. 166, 23 April 2001.
[20] Email from AECI, 2 April 2002.
[21] The Ministry of Defense stated in October 2001 that these courses were funded by the Ministry of Defense and AECI, totaling €198,334. Letter from Manuel Morato Ferro, Ministry of Defense, 24 October 2001. The 24 January 2002 Amended Protocol II Article 13 Report indicates the Ministry of Defense contributed €300,000 of the funds for the two training courses.
[22] Article 7 Report, Form J, 7 June 2002. The Ministry of Defense reported €741,367 for the same programs. Letter from Jose A. Beltran Dona, Sub-Director for Cooperation and Civil Defense, Ministry of Defense, 15 April 2002. Exchange rate at 29 April 2002: €1 = US$0.9, throughout this report.
[23] Report to the OSCE, 14 December 2001, p. 2.
[24] Ibid., pp. 2-4.
[25] Letter from Manuel Morato Ferro, Ministry of Defense, 24 October 2001.
[26] Ibid.
[27] M. G., “Un Centenar de Afganos Aprenderá en España Cómo Desactivar Minas,” (“A Hundred Afghans will learn demining landmines in Spain”), El País, 7 March 2002.
[28] Ciro Krauthausen and Miguel González, “Cinco Soldados Europeos Mueren en Kabul al Desactivar un Misil Ruso” (“Five European Soldiers Die in Kabul during Deactivation of a Russian Missile”), El País, 22 March 2002.
[29] “Comienzan los Primeros Relevos de Militares Españoles en las Misiones en Afganistán” (“Beginning of First Spanish Military Deployments in the Afghanistan Missions”), Europa Press, 15 March 2002.
[30] Report to the OSCE, 14 December 2001, p. 2; Article 13 Report, Form E, 24 January 2002.
[31] Email from Moviment per la Pau, 30 October 2001. Further information from: movpau@suport.org or Moviment per la Pau c/ Providència, 42 08022 Barcelona, Spain.
[32] Information obtained from website: información@acadica.org.
[33] Amended Protocol II Article 13 Report, Form E, submitted on 24 January 2002 for the period 1 October 2000-15 December 2001; see also: www.gtd.es.
[34] Email from Vida sin Barreras, 26 March 2002.
