Comments Received by Landmine Monitor

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Country: Georgia
Date Received: 10 Jul 2001

To: Mrs. Mary Wareham
Coordinator, Landmine Monitor
c/o Human Rights Watch
1630 Connecticut Ave NW #500
Washington, DC 20009, USA

Dear Mrs. Wareham:

Let me express our gratitude for your letter concerning preparation of the third annual report of Landmine Monitor. Georgia attaches great importance to the issue of banning antipersonnel mines and considers the above-mentioned report as a very crucial component in achieving such a noble goal as the mine-free world.

In reply to your inquiry I would like to state that the governmental structures of Georgia has neither tacitly nor openly supported Georgian partisans in their use of antipersonnel mines. The official position of Georgia in this repsect is widely known to the international society. Since the moratorium declared by President Shevardnadze in 1996 Georgia has been strictly abstaining from use, manufacture and import of antipersonnel mines.

In connection with the Landmine Monitor Report 2000 we would like to draw your attention on several issues which are a matter of deep concern for us.

First of all, the facts of referring to Georgia and Abkhazia as two independent states and subjects of international law are absolutely inadmissable for Georgian side. The prevalent and only form of mentioning Abkhazia in the official documents of such international organizations as United Nations, OSCE etc. goes as follows - "Abkhazia, Georgia."

Moreover, we consider the fact of placing the report from this Abkhazian region separately from the part dedicated to the current situation in Georgia as inadequate and contrary to the position of the international community that remains unambiguous in this respect and does not acknowledge the sovereignty of the separatist regime.

With regard to the number of landmine victims during the hostilities in Abkhazia, Georgia, the Head of Science and Technical Research Department of the General Staff of Georgian Armed Forces Colonel Tavadze, who was cited in the report, claims that the information stating 70% of casualties of hostilities being the landmine victims adduced in the report significantly differs from the one he brought indeed. In fact, the mentioned figure of 70% is likely to be quite far from the reality.

We would like also to note that according to the information received from the Ministry of Defence of Georgia and the State Department of the State Border Protection there is not any sort of minefields located on the Georgian side of the state border between Georgia and Turkey.

In reply to your suggestion, we would like to underline that Georgian side remains open to hold the meetings with the representatives of ICBL.

I very much hope that our comments and remarks will be taken into consideration and included in a new version of the report. As a conclusion, let me express the readiness of the Georgian side to aim every effort at enhancing our cooperation in the future.

Sincerely,

Giorgi Burduli
First Deputy Minister

Country: Georgia
Date Received: 06 Jul 2000

Georgia
Ministry of Foreign Affairs
06-07-2000 To: Mr. Stephen D. Goose
Program Director, Arms Division
Human Rights Watch
On behalf of the Landmine Monitor Core Group

Dear Mr. Goose,

I would like to express our gratitude for giving us an opportunity to make comments on the issue of landmine use on the territory of Georgia and I hope, that these comments will be included in the second annual report of Landmine Monitor - Landmine Monitor Report 2000: Toward a Mine-Free World.

I assure You, that the Georgian Military Forces has been strictly abstaining of laying landmines since long before than March of 1999. Unfortunately, as You are aware, certain parts of Georgia, including mentioned Abkhazia region are not under the control of the Government of Georgia, therefore we are not able to control any kind of military or paramilitary activities there. Neither the Government of Georgia is supporting or controlling the paramilitary units functioning on the above mentioned territories.

Currently, the Georgian government is experiencing some strong difficulties in finding technical and financial resources and skilled personnel necessary for carrying out the de-mining activities throughout its territory. Nevertheless, we are deeply concerned with the landmine problem and despite the present difficulties strive to find the ways out and try to deal with the problem even in the parts of Georgia, which are not currently under our control. One of the most successful efforts towards this direction is the demining activity carried out with the help of British Charity Organization, "the HALO Trust" in Abkahazia, Georgia. In foreseeable future the conclusion of a new agreement between Georgia and "the HALO Trust" is expected, which will further enlarge the scope of de-mining in this region.

Having stated the above mentioned, I would like to underline that Georgia has been a supporter of "Ottawa Process" and shares its ultimate goal of complete elimination of the landmines.

I would also like to reiterate our support to the International Campaign for Banning Landmines and express our will to reach on of the most important goals of mankind- world free of landmines.

Sincerely Yours,
Georgi Burduli
First Deputy Minister

Country: Germany
Date Received: 10 Oct 2002

Berlin, 10, Oktober 2002
Telefon 0188 17-0 / Fax: 17-3402
Referat: 241, Verfasser: LRI Morgenstern
Durchwahl: 17 1465 / Fax. 17 51465
Fax Sekretariat: 01888 17-

International Campaign to Ban Landmines
(ICBL)

Mrs. Susan Walker

Geneva
By email

Retr.: ICBL Landmine Monitor/Executive Summary 2002

Dear Mrs. Walker,

May I draw your attention to some information contained in the "Landmine Monitor-Executive Summary 2002", page 20, that needs rectification.

Germany is mentioned as a country still retaining stocks of Claymore Landmines. This information is incorrect. Germany destroyed all Claymore Mines and does not retain any stocks of this type of mine, also not those of the command detonated mode.

With regard to the provenance of the 38959 M18A1 Claymore Mines that Germany has received for the purpose of destruction this information you might refer to the interpretation offered by the chapter on Germany in the current issue of the LM..

Sincerely,
p.o.
gez.
Berthold James
Head of Division of Arms Control
(Name des Zeichnenden in Maschinenschrift ohne Klammern)

Country: Germany
Date Received: 21 Sep 2000

Markus Haake, Co-ordinator of the German Initiative to Ban Landmines received a letter of the German Ministry of Defense, dated 21 September 2000, with following comments referring to the LM 2000 Country Report on Germany (p.647).

"- AT 1 has for many years not been the Bundeswehr inventory,

- AT 2 does not have a magnetic detonator,

- DM-21 only has a pressure-operated detonator,

- DM-31 does not have an anti-handling-device,

- PM 60/K1: The Bundeswehr at no time took over mines of the former GDR for its own use. According tho our regulations, a statment of Functional and Operational Safety, would be necessary for this purpose; this statement was not made,

- COBRA is neither under development nor in Production,

- SMART does not have a fragmentation warhead."

Country: Greece
Date Received: 03 May 1999

LM Discussion with Greek DelegationHead of Delegation, John Korinthia

Maputo, Mozambique

3 May 1999

LM: Susan Walker (ICBL)

Mr. Korinthia wanted to speak about "mistakes" in Landmine Monitor

Numbers look incorrect to him, but he will verify.
Greece ratified Protocol II (possibly 13 Jan 1999, to be verified)
Incorrect name (Mr. Korinthia: "we are very sensitive about this")

FYROMFormer Yugoslav Republic of Macedonia

Country: India
Date Received: 05 Nov 2003

PERMANENT MISSION OF INDIA
TO THE CONFERENCE ON DISARMAMENT
9, RUE DU VALAIS
1202 GENEVA
TELEPHONE: (022) 906 86 86
FAX: (022) 906 86 96

T.P.Seetharam
Minister(Disarmament)

No.GEN/PMI/254/41/2003

July 19, 2003

Dear Ms. Wareham

Thank you for the fax dated 14 July 2003 addressed to Ambassador Rakesh Sood attaching the draft India country update from your forthcoming report: Landmine Monitor Report 2003: Toward a Mine Free World. In particular you had sought to know whether he has been quoted correctly from his meeting with ICBL on 14 May 2003. I have consulted my notes and would indicate the following:

a) Ambassador Sood did not state that "several million mines" were laid by Indian forces. What he did say was that "given the length of the international boundary, a large number of mines were indeed laid by the Indian forces". The references to the attributed quote: "several million" in the introductory paragraph and in the paragraph subtitled 'Use' need therefore, to be corrected.

b) Ambassador Sood also said that the "mine-laying by Indian forces was undertaken in full compliance with the obligations under the Amended Protocol II of the CCW". This was indeed corroborated by Mr. Om Prakash Bhadrecha, the landmine survivor, who had accompanied Ms. Jody Williams to the meeting, when he indicated that the Indian Army had taken all precautions for mapping, fencing and informing the local people through mine awareness programmes. The inclusion of these points made by Ambassador Sood and by the landmine survivors who were brought to that meeting by ICBL, would ensure a balanced picture from emerging in the Landmine Monitor Report, which is a respected and widely cited publication.

Ministry of External Affairs, New Delhi will be separately sending detailed comments on other aspects of the report directly to you. Meanwhile, I will appreciate your confirmation that the draft will be corrected to reflect Ambassador Sood's comments accurately.

Yours Sincerely,

(T.P. Seetharam)

Ms. Mary Wareham
Global Research Coordinator, Landmine Monitor
C/o Human Rights Watch
1630 Connecticut Ave NW #500
(Fax: 00-1-202-612-4333)

Country: India
Date Received: 05 Nov 2003

MINISTRY OF EXTERNAL AFFAIRS
NEW DELHI

Dr. Sheel Kant Sharma
Additional Secretary
Disarmament & International Security Affairs
Tel: 91-11-2301 15 68
Fax: 91-11-2301 28 89

28 July 2003

106/5/2003

Dear Ms. Wareham

Thank you for your communications addressed to the External Affairs Minister of India regarding the forthcoming edition of the Landmine Monitor Report 2003: Toward a Mine-Free World and seeking Government of India's views on the draft India country update enclosed therewith.

2. As you are aware, India remains committed to the pursuit of the ultimate objective of a non-discriminatory, universal and global ban on anti-personnel mines in a manner that addresses the legitimate defense requirement of States. India is party to the Convention on Conventional Weapons (CCW) and is fully committed to the Amended Protocol-II of the Convention which deals with anti- personnel landmines.

3. The recent laying of mines by the Indian forces along the Western border was done as part of our operational plans. Minefields were laid, recorded and marked in consonance with well-established Standard Operating Procedures, and in conformity with Amended Protocol-II. In addition, all village headmen were personally informed about the location of the minefields in order to ensure that local inhabitants were adequately sensitized. Mine awareness programmes were also conducted at the sub-district/village level. All efforts were made to ensure that the markings remained visible, legible, durable and resistant to environmental effects.

4. Recovery of the mines emplaced as part of the military operations continues to be under way, with 85% of the mines having been retrieved so far. The objective is 100% retrieval. Mine clearance operations were halted only once during February 2003 and not on two separate occasions as indicated in the draft under the section sub-titled 'Mine Clearance'. This was done to provide rest and relief to the parties involved in the de-mining process, and not for want of proper equipment and safety gear as also indicated in the draft.

5. You would have also received a communication from our Mission in Geneva requesting that the reference to "several million" mines in the introductory paragraph and in the paragraph subtitled 'Use' be corrected to accurately reflect Ambassador Rakish Sod�s comments made during a meeting with Nobel Peace Laureate Ms. Jody Williams.

6. During the mine-laying operations, land was temporarily expropriated to prevent untoward casualties to civilians. This will be returned once 100% recovery is achieved. Compensation is being paid for the period of expropriation and for any adverse impact on both the winter and the summer crops. There is no standard figure for acreage-wise compensation as indicated in your draft under the section subtitled 'The Landmine Problem'. Instead, the compensation rates are based on various factors including the crop pattern of the area and the cultivable land that has been utilized by the Armed forces. A Board of officials, including representatives from the respective State Governments, has been specially instituted to look into these matters.

7. All efforts are made by the Government to provide free, expeditious and quality medical and other assistance to landmine victims. The figures for monetary compensation indicated in the draft under section 'Disability Policy and Practice' are incorrect. Depending upon the nature of the injury and than extent of disability, compensation in the range of Rupees one lakh to ten lakhs is being provided to the victims. In addition, facilities such as assistance in securing employment and provision of artificial limbs are also extended by the Government. With reference to the section on 'Mine Risk Education', it may be noted that formal mine risk education is also being provided. at the field level by field force commanders.

8. As also indicated in your draft update, India has been a victim for decades of the indiscriminate use of Improvised Explosive Devices (IEDs) by non-state actors and terrorist groups which continue to cause considerable harm to the life and property of innocent civilians. Despite this grave provocation, Indian armed forces continue to exercise restraint and desist from using landmines except as part of military operations. It is in this context that I would like to clarify that the reference in the section subtitled 'Use' to an Army Officer having reportedly stated that "the mines had been planted mainly as a deterrent for infiltrators" is incorrect. No mines have been laid as a deterrent for infiltrators. However, it is indeed time that we paid more attention to issues related to transfers and employment of IEDs.

9. I would appreciate if the above comments are incorporated and the necessary corrections are made in the section on India in the forthcoming edition of the Landmine Monitor Report to ensure that the Government of India�s position is accurately reflected in your widely respected publication. We would be grateful for a line in confirmation.

Yours sincerely,
(Sheel Kant Sharma)

Ms. Mary Wareham
Global research Coordinator,
Landmine Monitor
C/o Human Rights Watch
1630 Connecticut Ave NW #500
(Fax: 00-1-202-612 43 33)

Copy to:

(i) Ambassador Rakesh Sood,
Permanent Mission of India to the Conference of Disarmament
Geneva

(ii) Shri Alok Prasad,
Deputy Chief of Mission,
Embassy of India.
Washington D.C.

Country: Iran
Date Received: 06 Sep 2002

PERMANENT MISSIONOF
THE ISLAMIC REPUBLIC OF IRAN
TO THE UNITED NATIONS
622 Third Avenue
New York, NY 10017

In the name of God, the Compassionate, the Merciful

No. 574

September 6, 2002

Dear Madam,

I have the honor to convey to you the official statement of the Ministry of Defence of the Islamic Republic of Iran with regard to the production of anti-personnel landmines as follows:

"The Islamic Republic of Iran, since the termination of its war, has not produced anti-personnel landmines."

I would appreciate it if this position would be appropriately reflected in the ICBL documents and publishing reports.

Sincerely,

Morteza Ramndi
Press Section

Mrs. Mary Wareham
Coordinator, Landmine Monitor
c/o Human Rights Watch
1630 Connecticut Ave. NW #500
Washington, DC 2009

Country: Israel
Date Received: 31 Jul 2001

July 31, 2001

Mrs. Mary Wareham
Coordinator, Landmine Monitor
c/o Human Rights Watch
1630 Connecticut Ave. NW #500
Washington, DC 20009, USA

With regard to your letter of July 17, 2001, I have been requested by the Minister of Foreign Affairs, Mr. Shimon Peres, to respond to the draft of the Third Landmine Monitor Report, as it pertains to Israel.

At the outset, Israel wishes to express its regret that the draft report was sent to it only on July 17th, 2001 when-according to your accompanying letter- the report "goes to print on August 1st, 2001." Clearly, such a short time-frame does not permit serious investigation into all allegations made in the report or their reference to the relevant authorities in Israel.

Notwithstanding the above, Israel is of the view that the draft report is unbalanced and biased, a fact which is manifested by the heavy reliance on statements and propoganda originating from politically motivated bodies and entities (such as the Al-Haq organization), that are known to have repeatedly made in the past false and baseless allegations against Israel. Such baseless allegations affect the credibility of the draft report and we believe that it would be innappropriate to include them.

The following are a few examples of the erroneous and one-sided reporting:

On May 10th, 2001, a brutal terror attack was committed by a Palestinian terrorist group with a view of harming Israelis. In the attack a bomb, hidden in a bush, was detonated by remote control when a civilian tractor approached. "Hizbullah Palestine" claimed responsibility for the attack, which resulted in the killing of two workers (of Romanian nationality) and the injuring of a third. This vicious attack in Kisufim was referred to in your report as the explosion of "...some type of explosive device or mine," without any indication to the perpetrators of this violent attack. Furthermore, the information was placed under the heading of "Israel/Use", thus suggesting that the incident was somehow connected or planned by Israel.

The report quotes the Palestinian National Security Information Center which claims that "since September 2000 the IDF has laid antipersonnel landmines in areas within "Zone A" in the Gaza Strip, and in areas adjacent to Israeli settlements and military sites." This allegation is completely untrue and unfounded and is nothing more than propaganda.

Israel is highly aware of the grave humanitarian consequences caused by the indiscriminate use of land mines. Accordingly, the Government of Israel, attaches particular importance to actions, aimed at preventing and minimizing human suffering in this regard, which are compatible with accepted international norms and standards.

Minefields laid by the IDF are, as a matter of routine, fenced and warning signs in Hebrew, Arabic and English, are placed. Additionally, the IDF conducts safety inspections on a regular basis and transfers the appropriate information to civilian authorities. In accordance with this policy, minefield information was indeed handed over to the Palestinians when territories were transferred to their control.

As previously stipulated, the short time-frame allocated by the ICBL for the Israeli response does not allow for a complete and thorough response, Israel expects to see a final report which reflects an objective and professional approach, and a correction of basic factual elements such as the accurate date of the entry into force of the Amended Protocol II for Israel and the name of the Israeli-Navy commander.

As you are well aware, Israel has decided to become party to the Amended Mines Protocol II despite the unique circumstances prevailing in the Middle East. Having decided to join this instrument, Israel fulfills its obligations to the fullest extent, and strongly rejects allegations to the contrary which appear in the ICBL draft report.

We look forward to improved cooperation in the future between the ICBL and the Government of Israel.

Sincerely,

Meir Itzchaki
Arms Control Division
Regional Security and Arms Control Department
Ministry of Foreign Affairs
Jerusalem

Country: Jamaica
Date Received: 15 Jul 1999

EMBASSY OF JAMAICA
1520 NEW HAMPSHIRE AVE., N.W.
WASHINGTON, D.C. 20036

TELEPHONE: (202) 452-0660
FACSIMILE: (202) 452-0081
EMAIL: emjam@sysnet.net

July 15, 1999

Ms. Mary Wareham
Senior Advocate, Arms Division
Human Rights Watch
1630 Connecticut Avenue, NW, Suite 500
Washington, DC 20009

Dear Ms. Wareham:

I write to acknowledge and thank you for your letter along with the Landmine Monitor Report 1999: Toward a Mine-Free World and its Executive Summary. I look forward to reading this report, which seems to contain a lot of useful information.

I will also share the report with my Government, and will share with you my comments in due course.

Please accept my best wishes.

Yours sincerely,

Dr. Richard L. Bernal

Ambassador