Key developments since May 2005: In December 2005, China voted for the first time in favor of the annual UN General Assembly resolution calling for universalization of the Mine Ban Treaty. From the late 1990s to 2005, China destroyed nearly 2.2 million stockpiled antipersonnel mines that had either expired or did not comply with CCW Amended Protocol II. China launched a new project to clear landmines from its border with Vietnam, and conducted mine risk education in nearby villages. It provided a three-month training course in Thailand, and sent a demining battalion to Lebanon in April 2006 to support the UN. One mine casualty was reported.
The People’s Republic of China has not acceded to the Mine Ban Treaty. Since 2003, China has shown growing interest in engaging in a dialogue with States Parties to the Mine Ban Treaty. In November 2005, Wu Haitao, head of the Chinese observer delegation to the Sixth Meeting of States Parties, stated that China “firmly endorses its purposes and objectives.”[1] In its September 2005 defense white paper, China stated, “Though China is not a party to the Ottawa Convention, it endorses the humanitarian purposes and objectives of the Convention and has been constantly strengthening exchanges and communication with State Parties.”[2] In recent years, China has said on several occasions that it endorses “the ultimate goal of a total ban on antipersonnel mines.”[3]
On 8 December 2005, China for the first time voted in favor of the annual UN General Assembly (UNGA) resolution calling for universalization and full implementation of the Mine Ban Treaty (UNGA Resolution 60/80). China had been one of a small number of countries that abstained from voting on every annual UNGA resolution in support of a ban on antipersonnel mines since 1996. China said its positive vote demonstrates that it attaches great importance to the role of the Mine Ban Treaty and stressed that it is ready to strengthen exchanges and cooperation with Mine Ban Treaty States Parties.[4]
However, China has also made clear that it favors the restriction rather than ban approach of Amended Protocol II of the Convention on Conventional Weapons (CCW). At the November 2005 meeting on Amended Protocol II, China said, “The Protocol strikes a proper balance between humanitarian concerns and the legitimate military need of sovereign states.”[5]
In March 2006, a foreign ministry official confirmed that China is still seriously considering the submission of a voluntary Mine Ban Treaty Article 7 transparency report, and said that the timing and contents are under study.[6] China first raised the issue in November 2004, at the First Review Conference of the Mine Ban Treaty, when it stated that it is “positively considering the submission of a national report in line with the requirements set forth in Article 7 of the Convention.”[7] In May 2005, an official said that a date had not been determined for when China might submit a report.[8] In September 2005, a senior official said that the issue was still being studied and may take some time; he indicated that, if submitted, the report may not have all of the information called for in Article 7, as it would be a voluntary report.[9] In December 2005, at the Sixth Meeting of States Parties, China did not comment on a possible voluntary Article 7 report.[10]
China has participated in most of the Mine Ban Treaty intersessional Standing Committee meetings since May 2000, including in June 2005, but it did not attend in May 2006.
In September 2005, the ICBL’s Diplomatic Advisor, retired Indian Ambassador Satnam Jit Singh, undertook a special advocacy mission to China and met with senior officials. The Director General of the Department of Arms Control and Disarmament told him that China would eventually accede to the Mine Ban Treaty, but that it was not possible to put a timeframe to it.[11]
China is a State Party to the Convention on Conventional Weapons and its Amended Protocol II on landmines. In ratifying Amended Protocol II, China decided to exercise the optional nine-year deferral period for compliance with key restrictions. The deadline for China to comply with the protocol’s technical specifications on the detectability and reliability of antipersonnel mines is 3 December 2007.
China actively participated in the CCW Group of Governmental Experts meetings on Explosive Remnants of War and on Mines Other Than Anti-Personnel Mines in 2005 and 2006. China submitted its national annual report required under Article 13 of Amended Protocol II on 26 October 2005.
China has been one of the world’s largest producers of antipersonnel mines. Two government-owned companies, China North Industries Corporation (NORINCO) and Chinese State Arsenals, have produced at least 22 types of antipersonnel mines, including six copies of Soviet designs.[12] In March 2006, a foreign ministry official confirmed that China has not produced non-self-destructing antipersonnel mines since 1997, and that all new antipersonnel mines being produced or under research and development have self-deactivation and detection capacities to comply with the requirements of CCW Amended Protocol II.[13]
Since 1996, China has adhered to a moratorium on the export of antipersonnel mines that does not conform to Amended Protocol II.[14] This commitment was reaffirmed at the Sixth Meeting of States Parties to the Mine Ban Treaty in November 2005, where a Chinese official said, “China has observed in good faith its moratorium on export of the APLs [antipersonnel landmines] that do not conform to the Amended landmine protocol. In fact, China has basically halted exports of all kinds of APLs.”[15] Landmine Monitor is not aware of the export of any antipersonnel mines of any type by China since 1996. China was one of the world’s biggest exporters of antipersonnel mines.
China has apparently not laid new minefields in many years. China has stated that it “adheres to a national defense policy of ‘active defense,’ which rules out the possibility of deployment of landmines abroad,”[16] and that “China is extremely cautious and prudent in using landmines within its borders.”[17]
China is believed to have the largest antipersonnel mine stockpile in the world. Based on interviews with non-Chinese government officials involved in Amended Protocol II discussions in 1995 and 1996, Landmine Monitor has estimated the Chinese antipersonnel mine stockpile at 110 million, including perhaps 100 million Type 72 mines. Chinese officials have never responded to Landmine Monitor requests for clarification on the number of stockpiled antipersonnel mines; however, they have often stated that 110 million is an exaggeration.
China has been modifying some antipersonnel mines and destroying others that do not meet CCW Amended Protocol II requirements for detectability or self-destruct mechanisms. With its 3 December 2007 deadline to comply with Amended Protocol II’s technical specifications on the detectability and reliability of antipersonnel mines approaching, it appears China has been accelerating its destruction and modification process.
In September 2005, China said, “A comprehensive survey of old or obsolete landmines has been conducted, and a phased program of modification or destruction of such landmines is implemented.” It also noted that a “series of new military standards as required by the Protocol have been adopted.”[18] China reported that it has formulated eight sets of technical criteria for the survey of stockpiled mines, as well as technical norms and criteria for the destruction of the mines.[19]
In November 2005, a Chinese official stated, “Over the past three years, nearly 500,000 landmines that do not comply with the technical parameters of the Protocol have been destroyed.”[20] In 1999, China stated, “In recent years, China has destroyed over 1.7 million old-type APLs.”[21] Thus, it would appear that from the late 1990s to 2005, China destroyed some 2.2 million antipersonnel mines that were either obsolete or not compliant with Amended Protocol II.[22]
The Chinese People’s Liberation Army has built special facilities for the disposal and destruction of old mines and demolition devices, and developed more than 200 special pieces of destruction equipment as well as inspection apparatuses. The Chinese Army has trained a total of 800 professional technical personnel on the destruction technology.[23]
China is modifying most of its non-detectable mines—including the estimated 100 million Type 72s—by adding eight grams of metal, rather than destroying them. The modification and destruction processes are being conducted throughout China at the provincial or military district levels where antipersonnel landmines are stockpiled.[24]
China has emplaced antipersonnel mines on its borders with Russia, India and Vietnam. The United States estimated in the 1990s that the Chinese had planted some 10 million mines along these borders.[25]
China reported in December 1999 that the mine threat on its side of the border with Vietnam “has been basically removed” following major clearance operations conducted between 1992 and 1999.[26] At that time, however, the border had not been fully demarcated and some tens of square kilometers of land where minefields remained were disputed.[27] Clearance of these mined areas was not complete as of mid-2006.
Mine clearance is conducted by the People’s Liberation Army as a military activity.[28] China has indicated that it uses four demining techniques: burning (in areas with dense vegetation), blast clearance (to speed up operations and reduce casualties), mechanical and manual clearance.[29]
Between 1992 and 1999, China conducted two large-scale mine clearance operations along the border with Vietnam in Yunnan province and Guangxi Zhuang Autonomous Region, but these did not deal with minefields located in disputed areas of the border. A border agreement between China and Vietnam came into effect in July 2000 under which they agreed to complete a technical survey of mined areas by 2005. China then embarked on new clearance operations on the border in the provinces of Guangxi Zhuang Autonomous Region and Yunnan.[30] In 2005, the Chinese military launched a new operation to clear landmines along the Vietnamese border, to assist border survey there. From January to July 2005, 97,000 square meters of land were cleared and more than 350 mines and other items of unexploded ordnance (UXO) were removed.[31]
China reports that it has conducted a mine awareness campaign for civilians living in former disputed areas on the border with Vietnam. In 2005, the government sent a mine risk education team to villages in Malipo county, in Wenshan Autonomous Prefecture of Yunnan province, to conduct MRE among civilians living near the border minefields. The MRE team also investigated newly discovered suspected minefields and checked and maintained the marking and fencing of minefields; it also set up permanent mine warning signs on passages leading to suspected minefields. These activities were conducted as trials.[32] Similar activities would be conducted in other areas including Guangxi Zhuang Autonomous Region, if further study revealed the necessity.[33]
Since 1998, the Ministry of Foreign Affairs and the Ministry of National Defense have jointly provided humanitarian demining assistance abroad. Up to 2004, China provided equipment and technical training for mine clearance to nine countries: Angola, Bosnia and Herzegovina, Cambodia, Eritrea, Ethiopia, Lebanon, Mozambique, Namibia and Rwanda.[34]
In 2005, China sent a team of 10 trainers to Thailand to provide a three-month course for 30 Thai deminers. The team also delivered equipment and materials, including 50 mine detectors, 50 sets of protective clothing and 20 tons of explosives and fuzes for mine clearance.[35] In preparation for the project, China compiled teaching materials for mine clearance and a manual of standing operating procedures for mine clearance.[36]
China announced in November 2005 that it was preparing to provide demining assistance to Lebanon following a visit there by Foreign Minister Li Zhaoxing in June.[37] A Chinese battalion was deployed to Lebanon on 1 April 2006 to operate under the UN Mine Action Coordination Center for South Lebanon and started training to prepare for accreditation. A pre-deployment visit to China by the UN Department of Peacekeeping Operations had concluded the unit would need extensive training to become compliant with International Mine Action Standards (IMAS).[38]
China said at the Sixth Meeting of States Parties in November-December 2005 that it is “actively conducting research on humanitarian de-mining standard, technology, equipment and specific measures to prepare itself for more effective participation in the international humanitarian mine clearance efforts in the future.”[39]
In August 2005, at least one person, a 12 or 13-year-old boy, was injured by a mine in Malipo county, Yunnan province.[40] In 2004, four casualties were reported and in 2003 five casualties were reported.[41] However, with incomplete data collection in China, this may not reflect the actual number of casualties.
No new casualties had been reported to 25 April 2006.
The total number of mine casualties in China is not known. Data on landmine casualties is not publicly available; authorities maintain that no new mine casualties have occurred since China finished major mine clearance operations in 1999.[42] Landmine Monitor has identified more than 5,706 mine casualties in Yunnan and Guangxi provinces, including 4,207 survivors.[43]
In April and May 2005, the International Committee of the Red Cross (ICRC) and Yunnan Red Cross Society conducted a survey which identified 1,080 amputees in Wenshan and Honghe prefectures, Yunnan province, bordering Vietnam. Of those identified as amputees, 476 were from Honghe and 604 were from Wenshan. The two counties of Malipo and Maguan accounted for over 50 percent of the amputees in Wenshan prefecture, and nearly 30 percent of the total for Yunnan province. However, the number of landmine/UXO casualties among the amputees was not established.[44] The government informed the ICRC that over 6,000 civilians were estimated to have lost limbs in mine incidents in China,[45] but results of the survey clarified that the prior estimate was the total of all people with disabilities receiving a pension in Yunnan, not the total number of mine amputees in China.[46]
In some areas of Guangxi and Yunnan provinces, adequate assistance is often not available as the mine-affected areas are distant from medical and rehabilitation facilities. Emergency first-aid services are virtually non-existent in rural areas.[47]
According to the Ministry of Health, there are 78 rehabilitation centers with over 11,000 beds and 6,100 rehabilitation personnel, and approximately 600 additional hospitals equipped with rehabilitation units. There are rehabilitation training and community-based rehabilitation services. The current phase of the community-based rehabilitation program was scheduled to end in 2007.[48]
In Yunnan province, physical rehabilitation is provided by the Yunnan Ministry of Civil Affairs, China Disabled Person’s Federation and the ICRC in cooperation with the local branch of the Chinese Red Cross Society. Responsibilities for different groups of the disabled in the province are coordinated through a tri-partite agreement initiated by the ICRC. The Ministry of Civil Affairs provides for demobilized military personnel, China Disabled Person’s Federation provides for most civilian disabled who can pay for part of the services, while the ICRC and local Red Cross provide for people who cannot afford services elsewhere, and landmine survivors, free of charge.[49]
The Ministry of Civil Affairs operates one prosthetic workshop in Kunming and a temporary workshop in Wenshan. The China Disabled Person’s Federation operates eight prosthetic workshops in Chuxiong, Dali, Honghe, Kunming, Wenshan, Yuxi and Zhaotong and planned to establish one in Simao. The ICRC and local Red Cross operate the Yunnan Physical Rehabilitation Center in Kunming.[50] The ICRC completed construction and equipping of the center in 2004. In 2005, it provided training for local staff and strengthened management capacity, while the government covered the running costs of the rehabilitation program. Two of four students sponsored by ICRC in 2005 to undertake a three-year course in prosthetics and orthotics at the Chinese School of Prosthetics and Orthotics in Beijing graduated, and started working in the Kunming center. In 2005, the center registered 368 people from Wenshan prefecture, fitted 380 prostheses (including 25 percent for mine survivors) and one orthosis, and distributed five wheelchairs and 29 crutches.[51] The Yunnan Physical Rehabilitation Center aims to increase capacity from 400 to 500 patients per year. Estimating that patients need new prostheses every three years, the center planned to register 1,500 patients and opened a prosthetic repair workshop in Malipo city in April 2005, enabling patients to access repairs close to home, with ICRC assistance.[52] The ICRC held discussions with other service providers in Yunnan province with the aim of establishing a network of repair workshops.[53]
The 1990 Law of the People’s Republic of China on the Protection of Disabled Persons protects the rights of equality and participation of people with disabilities.[54] But many disabled people do not have access to the services designed to assist them, due to inadequate funding and lack of knowledge; common law still largely dominates over civil law.[55]
Government policy towards people with disabilities was established in the tenth Five-Year Plan (2001-2005). Very few of the targets have been achieved in Yunnan province, and rehabilitation services are often beyond the means of the poor in rural communities.[56] Reportedly, all local governments have drafted specific measures to implement government policy; however, government statistics showed that nearly 25 percent of people with disabilities lived in extreme poverty, and that unemployment among disabled adults remained a serious problem. The China Disabled Person’s Federation estimated that another 12 million employable people with disabilities remained unemployed and students with disabilities faced discrimination regarding access to education, since the law permits universities legally to exclude otherwise qualified candidates from higher education. Many organizations exist, mostly in urban areas, to both serve and protect the legal rights of people with disabilities. The government, at times in conjunction with NGOs, sponsors programs aimed at integrating people with disabilities into society.[57]
[1] Statement by Wu Haitao, Head of Delegation, Deputy Director General, Department of Arms Control and Disarmament, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[2] “China’s Endeavors for Arms Control, Disarmament and Non-Proliferation,” 7 September 2005, www.china-un.ch.
[3] See for example, Zhang Yishan, quoted in UN Security Council, S/PV.4858, 4858th meeting, “Agenda: The importance of mine action for peacekeeping operations,” New York, 13 November 2003; statement by Amb. Hu Xiaodi, Fifth Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 26 November 2003; statement by Liu Jieyi, Director General, Department of Arms Control and Disarmament, Ministry of Foreign Affairs, First Review Conference, Nairobi, 3 December 2004.
[4] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[5] Statement by Amb. Hu Xiaodi, Seventh Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 23 November 2005.
[6] Interview with Jian Shen, Department of Arms Control and Disarmament, Ministry of Foreign Affairs, Beijing, 23 March 2006.
[7] Statement by Liu Jieyi, Ministry of Foreign Affairs, First Review Conference, Nairobi, 3 December 2004.
[8] Interview with an unnamed official from the Department of Arms Control and Disarmament, Ministry of Foreign Affairs, Beijing, 9 May 2005. One source indicated a possible submission date could be around 3 December 2007, China’s deadline for compliance with CCW Amended Protocol II technical specifications. Interview with a Chinese ex-military official, Beijing, 10 May 2005.
[9] Email from Amb. Satnam Jit Singh, ICBL Diplomatic Advisor, 6 September 2005, reporting on his meeting in Beijing with Amb. Zhang Yan, Director General, Department of Arms Control and Disarmament, Ministry of Foreign Affairs.
[10] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[11] Email from Amb. Satnam Jit Singh, ICBL Diplomatic Advisor, 6 September 2005, reporting on his meeting in Beijing with Amb. Zhang Yan, Ministry of Foreign Affairs.
[12] For additional details, see Landmine Monitor Report 1999, pp. 457-458.
[13] Interview with Jian Shen, Ministry of Foreign Affairs, Beijing, 23 March 2006. This information has been stated in China’s CCW Amended Protocol II Article 13 reports.
[14] CCW Amended Protocol II Article 13 Report, Form C, November 2003.
[15] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005. Thus, China still asserts its legal right to export antipersonnel mines compliant with Amended Protocol II, but it does not exercise that right.
[16] Statement by Fu Cong, Fifth Meeting of States Parties, Bangkok, 19 September 2003.
[17] “Landmines: China’s Position & Actions at the Stakeholders’ Workshop on the Mine Action Policy Review,” Rome, 7-8 October 2004.
[18] “China’s Endeavors for Arms Control, Disarmament and Non-Proliferation,” 7 September 2005, www.china-un.ch. China also reported in November 2005, that the Chinese military had conducted a comprehensive survey of stockpiled antipersonnel mines and those in service. Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[19] Ministry of Foreign Affairs, “Script of the Film to Be Shown at the 7th Annual Conference of States Parties to the Amended Protocol II to the Convention on Certain Conventional Weapons,” November 2005, p. 6. The film, “China’s Mine Action in 2005,” had three sections: mine clearance after land border demarcation and mine awareness education, disposal of mine stockpiles, and mine clearance assistance and international cooperation.
[20] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of State Parties, Zagreb, 28 November 2005.
[21] CCW Amended Protocol II Article 13 Report, October 1999.
[22] China made no specific mention of numbers of mines destroyed in 2000, 2001 and 2002. In 2003, it stated that “over 400,000 old mines have been destroyed.” In 2004, a Chinese official said, “Up to now, hundreds of thousands of old landmines have been destroyed.” Statement of Amb. Hu Xiaodi, Fifth Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 26 November 2003; statement by Amb. Hu Xiaodi, Sixth Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 17 November 2004.
[23] Ministry of Foreign Affairs, script of “China’s Mine Action in 2005,” November 2005, p. 4.
[24] Interview with unnamed official, March 2006. This approach reflects China’s vast territory as well as possible dangers during transportation to a central location. There are several dozens of districts involved. There is standardization of the technology and methods for destruction throughout the country, but the speed of destruction and modification has varied from military district to district.
[25] US Department of State, “Hidden Killers 1994,” p. 18, and “Hidden Killers 1998,” Table A-1.
[26] Ministry of National Defense, “Postwar Demining Operations in China,” December 1999, p. 11. Before the clearance operations, there were more than 560 minefields covering an area of over 300 square kilometers.
[27] Ministry of Foreign Affairs, script of “China’s Mine Action in 2005,” November 2005, p. 2.
[28] See Landmine Monitor Report 1999, p. 462.
[29] See Landmine Monitor Report 2004, p. 950.
[30] See Landmine Monitor Report 2005, p. 690.
[31] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[32] Ministry of Foreign Affairs, script of “China’s Mine Action in 2005,” November 2005, p. 2.
[33] Interview with Jian Shen, Ministry of Foreign Affairs, Beijing, 23 March 2006.
[34] See Landmine Monitor Report 2004, pp. 951-952.
[35] CCW Amended Protocol II Article 13 Report, Form E, 23 November 2005.
[36] Ministry of Foreign Affairs, script of the film “China’s Mine Action in 2005,” November 2005, p. 6.
[37] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[38] UN Mine Action Coordination Center for South Lebanon (MACC SL), “Quarterly report, January to March 2006,” p. 2; emails from Christopher Clark, Programme Manager, MACC SL, 28 April and 12 May 2006.
[39] Statement by Wu Haitao, Ministry of Foreign Affairs, Sixth Meeting of States Parties, Zagreb, 28 November 2005.
[40] Interview with Lian Yunsheng, Director, Orthopedic Project Office, Yunnan Red Cross Society, Kunming, 20 March 2006.
[41] See Landmine Monitor Report 2005, p. 692.
[42] Ibid.
[43] See Landmine Monitor Report 2004, p. 952.
[44] Interview with Leo Gasser, Head of Physical Rehabilitation Project, ICRC, Kunming, 20 March 2006.
[45] ICRC, “ICRC and Chinese Red Cross: joint centre fits limbs for mine victims,” 19 March 2004; email from Hélène Maillet, ICRC, 5 July 2006.
[46] Interview with Leo Gasser, ICRC, Kunming, 20 March 2006.
[47] See Landmine Monitor Report 2001, pp. 531-533; Landmine Monitor Report 2004, p. 952.
[48] Asia-Pacific Development Center on Disability, “Country Profile: China, Current Situation of Persons with Disabilities,” www.apcdproject.org, accessed 29 May 2006.
[49] Interview with Lian Yunsheng, Yunnan Red Cross, Kunming, 20 March 2006; interview with Leo Gasser, ICRC, Kunming, 20 March 2006.
[50] Interview with Lian Yunsheng, Yunnan Red Cross, Kunming, 20 March 2006.
[51] Interview with Leo Gasser, ICRC, Kunming, 20 March 2006; ICRC Physical Rehabilitation Program, “Annual Report 2005,” Geneva, draft received 19 May 2006, p. 20; see Landmine Monitor Report 2005, p. 692.
[52] Interview with Leo Gasser, ICRC, Kunming, 20 March 2006.
[53] ICRC Physical Rehabilitation Program, “Annual Report 2005,” Geneva, draft received 19 May 2006, p. 20.
[54] See Landmine Monitor Report 2000, p. 487.
[55] HI, “Country Strategy Plan for People’s Republic of China,” (internal document), Brussels, 2005, p. 3.
[56] See Landmine Monitor Report 2004, p. 953.
[57] US Department of State, “Country Reports on Human Rights Practices-2005: China,” Washington DC, 8 March 2006.