Nicaragua

Mine Ban Policy

The Republic of Nicaragua signed the Mine Ban Treaty on 4 December 1997, ratified on 30 November 1998, and became a State Party on 1 May 1999. Legislation to enforce the antipersonnel mine prohibitions domestically, Law 321, was enacted on 7 December 1999 and includes penal sanctions.^[1]

On 28 February 2007 Nicaragua submitted its eighth Article 7 transparency report covering the period to 28 February 2007.^[2]

Nicaragua participated in the Seventh Meeting of States Parties in Geneva in September 2006, where it made statements during the General Exchange of Views, victim assistance and mine clearance sessions. Nicaragua attended the intersessional Standing Committee meetings in Geneva in May 2006 and April 2007. During the April meetings Nicaragua made presentations on victim assistance and progress toward meeting its mine clearance deadline in 2009.

Nicaragua has not expressed clear views with respect to key issues of interpretation of Articles 1, 2 and 3 of the Mine Ban Treaty.^[3]

Nicaragua is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. Nicaragua did not attend the Eighth Annual Conference of States Parties to the protocol on 6 November 2006, and did not submit its annual transparency report required under Article 13 of the protocol. Nicaragua is party to CCW Protocol V on explosive remnants of war.

Production, Transfer and Stockpiling

Nicaragua has stated that it has never produced antipersonnel mines.^[4] It is not known to have ever exported mines. Nicaragua destroyed its stockpile of 133,435 antipersonnel mines between 12 April 1999 and 28 August 2002.^[5]

According to its most recent Article 7 report, the Nicaraguan Army retained a total of 1,004 antipersonnel mines for training as of 28 February 2007.^[6] The report indicated that Nicaragua had consumed 17 retained mines in the previous year.^[7] In addition, the army transferred 72 retained mines, including 26 PMN mines to the Engineer Corps for detector calibration, and 46 mines to the mine detection dog training unit.^[8] In March 2006 Nicaragua informed Landmine Monitor that following the completion of its demining program it would present a plan for reducing the number of mines retained for training.^[9]

Nicaragua has previously reported that it possesses 121 Claymore-type directional fragmentation mines (MON series).^[10]

Landmine and UXO Problem

Nicaragua was contaminated by landmines and unexploded ordnance (UXO) during the internal conflict of 1979-1990. In addition to mined areas near the borders with Honduras and Costa Rica, mines were laid throughout the country to protect strategic installations. Antipersonnel mines were used predominantly; antivehicle mines were also used on the northern border with Honduras. UXO has been discovered in minefields and is also scattered throughout the country in rural and urban areas.^[11]

The total number of mines emplaced was initially estimated as 135,643 in 991 minefields. By February 2007 this had risen to 169,029 mines as a result of reports from communities.^[12] At least 105 communities in 52 municipalities and 14 departments were affected. The military only has 80 percent of the records of mines laid by the Sandinista Popular Army (Ejército Popular Sandinista, EPS) and these records “are probably not fully detailed or reliable;” other minefields laid by the Contras were not recorded or marked.^[13] Mined areas not registered in military records continue to be discovered as a result of mine risk education campaigns, information provided by the public, and the occurrence of incidents in areas not previously suspected to be mine-affected.^[14]

Nicaragua reported that as of 31 March 2007 at least 20,837 mines still required clearance.^[15] Recorded mines were believed to be in 70 mined areas covering 55.5 square kilometers of the Honduran border and two areas in the interior of the country.^[16] The northern departments of Jinotega and Nueva Segovia were believed to be the most heavily mine-affected. Contaminated municipalities include Mozonte, San Fernando, Jalapa, Murra, Wiwili de Nueva Segovia and Wiwili de Jinotega; all are agricultural, wood producing and cattle breeding areas. A population of more than 29,000 people in 111 communities was believed to be living within about five kilometers of the remaining minefields.^[17]

Mine Action Program

The National Demining Commission (Comisión Nacional de Desminado, CND) is responsible for formulating national mine action policy, assisting and coordinating implementation of the National Humanitarian Demining Program (Programa Nacional de Desminado Humanitario, PNDH), managing international funds and conducting mine risk education. The CND’s employees are paid by the Ministry of Defense, but it has no operational budget and works with resources from donor countries channeled through the Organization of American States (OAS) or bilaterally.^[18]

According to Nicaragua’s 2007 Article 7 report there are no national standards, although it has produced standing operating procedures. Clearance operations are supervised by the InterAmerican Defense Board and the OAS.^[19]

Strategic Mine Action Planning

Due to the significant number of unrecorded mines discovered in recent years^[20] and operational delays, completion of the mine action program has been postponed several times from 2004, to 2005, then to 2006, to 2007 and most recently to 2008.^[21] Clearance priorities for 2007 and 2008 include the remaining mine-affected areas in the northern border region in the municipalities of Monzonte, San Fernando, Jalapa, Murra, Wiwili de Nueva Segovia and Wiwili de Jinotega.^[22]

Integration of Mine Action with Reconstruction and Development

Demining in remote regions of Nicaragua has required the repair or construction of roads into mine-affected areas; 138.5 kilometers of roadwork has been completed to facilitate mine action. Of this, 67.5 kilometers of roads were financed by Denmark and 69 kilometers by Japan.^[23]

Demining

Mine clearance in Nicaragua is the responsibility of Small Demining Units (Pequeñas Unidades de Desminado) from the Nicaraguan Army Engineer Corps. More than 600 Nicaraguans work in mine action, including civilians and army personnel.^[24] Clearance operations are organized on five “fronts,” consisting of approximately 100 personnel each. Additionally, a group of 50 deminers referred to as the Marking Platoon (Pelotón de Señalización) works as an independent explosive ordnance disposal (EOD) mobile unit to respond to new reports of mines and UXO and to mark mined areas. The unit may be called upon to clear larger areas than usual in EOD operations if a newly discovered mined area constitutes an immediate threat to the population and demining teams are fully committed elsewhere.^[25]

Nicaragua uses a mixture of manual and mechanical demining techniques, with a mine detection dog unit which has been used primarily for quality assurance.^[26] Nicaragua had four demining machines, but in 2006 two Hitachi machines donated by Japan were removed from operation for five months due to mechanical problems and difficulties in importing replacement parts.^[27] Because of difficulty in detecting landmines in areas affected by landslides, flooding and heavy rain, in 2006 Nicaragua acquired 24 detectors designed to locate landmines more than 30 or so centimeters under the ground.^[28]

Nicaragua is said to have its own quality assurance system in compliance with International Mine Action Standards and national standing operating procedures. Mine detection dogs are used for quality control.^[29]

Identification, Marking and Fencing of Affected Areas

Nicaragua claims to have conducted a level 1 impact survey using the information management system for mine action (IMSMA) and has undertaken a “partial” level 2 survey. When new mined areas are reported by the population, the coordinates are recorded with global positioning by satellite recorders that are then uploaded into the IMSMA database.^[30]

Not all mined areas are marked or fenced, in part due to the number of mined areas in remote regions, and the fact that previously marked areas have had the markings/fences removed by civilians. When new areas are found that cannot be cleared immediately, they are “informally marked” with tape and red danger signs.^[31]

Mine/ERW Clearance

Nicaragua’s 2007 Article 7 report does not disaggregate information for demining specifically for 2006. It reports that from 1989 to February 2007 the program cleared 921 mined areas covering 353.5 square kilometers, destroying 148,192 mines and 574,212 items of UXO.^[32] However, the same report also claims clearance of 4.99 square kilometers over the same reporting period and clearance of 9.97 square kilometers of dangerous areas.^[33]Nicaragua attributed the slow progress of demining operations in 2006 to:

• reduction in the number of deminers;
• two electoral periods that delayed operations for three weeks;
• weather conditions that caused 59 days of delay;
• forest fires close to demining operations limiting visibility;
• legal problems in an environmentally protected area; and,
• problems with demining machines.^[34]

For 2007, Nicaragua declared plans to clear 15,227 mines in 57 mined areas as well as responding to community requests for clearance. But achieving this target was said to depend on securing the necessary funds from international donors. In 2008, Nicaragua plans to clear 8,620 mines in 27 mined areas.^[35]

Summary of Efforts to Comply with Article 5

Under Article 5 of the Mine Ban Treaty, Nicaragua must destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 May 2009. The Ministry of Defense has reaffirmed, in general terms, its desire to “rid the country of the artifacts of death.”^[36] However, Nicaragua was seeking US$5 million from international donors ($1.5 million for demining in 2007 and $3.5 million for 2008); if this amount is not received, it says it will have to extend demining into 2009 or even 2010.^[37] International funding in 2006 identified by Landmine Monitor was similar to previous years (see later section Funding and Assistance).

Mine Risk Education

In 2006 OAS PADCA provided MRE to 70,187 people in 229 high risk communities in 15 municipalities in five departments, primarily in the departments of Nueva Segovia, Jinotega and the North Atlantic Autonomous Region (Región Autónoma Atlántico Norte, RAAN). Honduran communities that had previously been affected by conflict and landmines also received MRE. OAS PADCA was the main MRE provider in 2006 with steering committee support from CND’s Education and Prevention Sub-commission. The original target of 60,000 set for 2006 was surpassed. Compared to 2005 (92,257) this is about 20,000 people less but as demining activities decreased in 2006 the coverage of MRE was also reduced. An ongoing challenge for MRE in Nicaragua is the difficult terrain and the isolation of mine-affected communities.^[38]

In 2006 the OAS PADCA MRE teams responded to 129 public reports of mine/UXO discoveries, which were verified by the OAS and resulted in the destruction of 118 mines and 428 UXO. Community members receiving MRE also reported previously unregistered minefields; in 2006 an unregistered minefield was reported near Murra in the department of Nueva Segovia.^[39]

An assessment of casualties in the first quarter of 2006 led to a stronger focus on UXO risk education including a permanent radio campaign on seven national radio stations and emergency MRE in communities that have experienced UXO incidents.^[40]

In 2006 UNICEF provided the National Demining Commission with funding to print MRE materials for distribution in Madriz department in July 2007.^[41]

As of 27 April 2007, 326,894 people had benefited from MRE activities since 2001. In 2007 MRE continued to be concentrated in the two remaining mine-affected departments of Jinotega and Nueva Segovia, reaching more than 15,000 people by 27 April.^[42]

Landmine/UXO Casualties

In 2006 OAS PADCA registered seven new mine/UXO casualties in five incidents (two killed and five injured). Two casualties were caused by antipersonnel mines and five by UXO; all were civilian men, and most were engaged in agricultural activities at the time of the incident. One of the incidents occurred in a marked minefield and the other four in areas that had not been considered dangerous. This is a significant decrease from 2005 (15 casualties in eight incidents).^[43]

Casualties continued to occur in 2007 with six casualties from two UXO incidents (one killed, five injured) by June 2007.^[44]

Data Collection

Mine/UXO casualty data collection and casualty surveillance is coordinated through OAS PADCA and is publicly available on its website. OAS PADCA collects information on new and previously unidentified casualties from emergency and rehabilitation services, military, police and NGOs. OAS also monitors media reports and provides guidelines on how to report mine/UXO incidents to healthcare providers and local police.^[45]

OAS PADCA and other sources acknowledge that it is difficult to determine the exact number of mine/UXO casualties in Nicaragua; it is believed that some incidents in rural areas continue to be unreported. However, due to ongoing data collection efforts the actual number of survivors in the country may not be significantly higher than the number identified in the IMSMA database.^[46]

As of 27 March 2007 the OAS PADCA database had registered 1,075 mine/UXO casualties since 1980, including 90 people killed and 985 injured. The casualties were reported in 908 incidents and 24 demining accidents, of which 718 (77 percent) involved mines and 214 (23 percent) involved UXO.^[47] Civilians and military constituted 1,037 casualties (85 killed, 952 injured) and demining accidents resulted in 38 casualties (five killed, 33 injured).^[48] Female casualties were 11 percent of casualties (117); children under 12 years accounted for at least 63 casualties (49 boys, 14 girls); adolescents aged 12-19 years accounted for 249 casualties (222 male, 27 female); the age of 170 people was unknown. The majority of casualties were reported in the northern departments of Nueva Segovia (32 percent, 339 casualties) and Jinotega (28 percent, 304 casualties). Of the total incidents/accidents, only 33 occurred since 2002, causing 39 casualties.^[49] The database is continuously updated as past incidents are reported.

According to a 2003 disability survey by the Nicaraguan Statistics Institute for the Inter-American Development Bank, approximately 10.3 percent of the population is disabled; 2.2 percent of them are war-disabled.^[50]

Survivor Assistance

In Nicaragua’s urban areas hospitals have sufficient surgical capacity for emergency care and specialized services, but services in mine-affected areas are scarce and emergency evacuation usually takes several hours. Access to rehabilitation and mobility devices is limited and is further hampered by lack of a national policy and prohibitive costs. Psychosocial support is only available in the capital, Managua. Economic reintegration and education opportunities are inadequate to address the demand and further hindered by lack of disability awareness, discrimination and lack of a long-term plan to address the continuing needs for survivors. Few projects to improve the quality of life of people with disabilities have been implemented as both government and NGOs have funding constraints. In 2006 access to services was further hindered by public transport and health sector strikes, frequent power cuts and the national elections. A small percentage of landmine survivors receive a pension of $7-27 per month.^[51]

Nicaragua has legislation to protect the rights of people with disabilities, including landmine survivors, but discrimination is widespread.^[52] On 30 March 2007 Nicaragua signed the Convention on the Rights of Persons with Disabilities but not its Optional Protocol allowing for the monitoring of disability activities.

Progress in Meeting VA24 Survivor Assistance Objectives

At the First Review Conference in Nairobi in 2004, Nicaragua was identified as one of 24 State Parties with significant numbers of mine survivors, and “the greatest responsibility to act, but also the greatest needs and expectations for assistance” in providing adequate services for the care, rehabilitation and reintegration of survivors.^[53] As part of its commitment to the Nairobi Action Plan, Nicaragua presented its 2005-2009 objectives at the Sixth Meeting of States Parties in 2005, and in September 2006 at the Seventh Meeting of States Parties presented a progress report. Nicaragua restated its commitment to assisting mine survivors but added that international assistance had decreased.^[54] Revised objectives and plans to achieve the objectives were not submitted for inclusion in the 2007 report by the co-chairs of the Standing Committee on Victim Assistance and Socio-Economic Reintegration but some updates were provided in a presentation at the Standing Committee meetings in April 2007.^[55] Nicaragua’s 2007 Article 7 report did not make use of voluntary Form J to report on victim assistance.

Some advances were made in achieving the survivor assistance objectives, improving coordination and building capacity in 2006. OAS PADCA funding was scheduled to end in 2006.^[56] However, “in 2006, the Nicaraguan government asked the OAS to continue assisting survivors until 2008.”^[57] Within this timeframe, “the OAS hopes to assist at least 100 more survivors–with an overall goal of assisting approximately 45 percent of the survivors in the country.”^[58] NGOs expressed concern about the sustainability of future national funding to maintain victim assistance programs.^[59]

Nicaragua received support from the Mine Ban Treaty Implementation Support Unit (ISU) in 2006-2007.^[60]

Survivor Assistance Strategic Framework

Survivor assistance is an integral component of Nicaragua’s Integrated Mine Action Program 2002-2007, coordinated by CND and its Sub-commission for Medical Assistance and Rehabilitation of Mine Survivors, which meets on a quarterly basis. As demining efforts reduce, the Ministry of Health is supposed to take on a stronger role in coordination.^[61] However, the International Committee of the Red Cross (ICRC) reported that meetings with the ministry in 2006 had not led to funding commitments.^[62] The Ministry of Family is responsible for the protection and advancement of rights for people with disabilities.^[63] In 2007 the newly elected government renewed the focus on people with disabilities, including landmine survivors. Recent actions have included: designing protocols for mine survivor assistance, implementing the Decade of Disabled Peoples of the Americas 2007-2016, ratifying and implementing the Inter-American Convention for the Elimination of Discrimination of Disabled People, designing a national campaign to build awareness about disability issues, and creating a disability section on the Ministry of Health website.^[64] However, operators stated that they had not seen “a true shift towards national ownership, and the incorporation of survivors in a comprehensive and sustainable victim assistance program.”^[65]

CND’s Integrated Mine Action Program, with support from the OAS, provides free psychosocial care, access to physical rehabilitation through specialized services and socioeconomic assistance.^[66]

At least 1,625 people with disabilities including 398 mine/UXO survivors received services during 2006; a least 148 survivors received specialized medical care, 248 received physical rehabilitation and 75 received socioeconomic reintegration services. Within this total, OAS PADCA provided funding to assist 354 survivors. In addition, the NGO Walking Unidos assisted 820 people with physical rehabilitation (including 21 survivors), CAPADIFE assisted 449 people with physical rehabilitation (21 survivors including eight from Honduras) and the Canadian Falls Brook Centre assisted two survivors with economic reintegration.^[67] Twelve children of mine survivors received educational sponsorship.^[68]

In 2006 the ICRC’s Special Fund for the Disabled provided raw materials and Swiss components for the fabrication of prostheses and orthoses, financial assistance, technical and administrative support and training support to Walking Unidos, CAPADIFE and CENAPRORTO. It also organized workshops and grants for prosthetic technicians.^[69]

OAS PADCA supports 26 different types of vocational training for mine/UXO survivors in cooperation with the National Technical Training Institute. As of January 2007 the socioeconomic reintegration program had a waiting list of 65 people. In 2007 the OAS stated that it aims to provide socioeconomic reintegration to 45 percent of landmine survivors by the end of 2008―this is less than its 2006 long-term goal of 60 percent.^[70] Several NGOs in Nicaragua provide micro-credit assistance or educational assistance to a small number of people with disabilities, including landmine survivors.

Funding and Assistance

In 2006 international donations for mine action in Nicaragua totaling $5,722,481 (€4,555,028) were reported by six countries, an increase of 64 percent from 2005 ($3,499,295 provided by six countries). ^[71] It is difficult to identify all mine action funding for Nicaragua on an annual basis, because many donors designate funds for the OAS AICMA multi-country program, and some provide multi-year funding. OAS has not provided a by-country breakdown of funding.

Donor countries reporting funding in 2006 were:

• Canada: C$416,819 ($367,551) to OAS consisting of C$140,000 ($123,452) for mine detectors and C$276,819 ($244,099) for mine clearance;^[72]
• Denmark: DKK8,304,534 ($1,397,653) to the government for integrated mine action;^[73]
• Italy: $7,922 ($7,922) to OAS for mine clearance;^[74]
• Japan: ¥99,900,000 ($859,140) to the government for mine clearance;^[75]
• Sweden: SEK9,950,000 ($1,350,215) to OAS for unspecified mine action;^[76]
• US: $1,740,000 from the Department of State to OAS for mine clearance and victim assistance. ^[77]

The US Department of Defense also contributed mechanical demining assets to Nicaragua in 2006, but did not provide a value. The US contribution for mine action in Nicaragua in 2007 was expected to be similar to 2006. Most 2007 funds were intended to support clearance in the RAAN and mine detection dog operations, and to extend to “expanded options for victims’ assistance” in Nicaragua.^[78]

National Contribution to Mine Action

Nicaragua has covered the employment costs of CND staff, but CND’s operational budget and most mine action in Nicaragua has been funded by international donors, either bilaterally or through the OAS PADCA.^[79]

Nicaragua was among OAS member states reported as providing in-kind support in 2006 to the OAS Program for Comprehensive Action against Antipersonnel Mines; the total value of all in-kind contributions was $2.9 million.^[80]

Landmine Monitor sent a questionnaire to authorities in Nicaragua requesting details of national funding of mine action in 2006; no response had been received by 31 July 2007.