Pakistan and sales of anti-personnel mines in the UK

The state-owned Pakistan Ordnance Factories are alleged to have offered anti-personnel mines for sale to a television journalist from the Channel 4 programme Dispatches in London in early November 1999. This briefing describes: the mines offered; the relevant international and domestic legislation such an offer would breach; and the role of the UK’s arms fair in September 1999.

The offer

Pakistan Ordnance Factories (POF) were asked by a journalist posing as a representative of a private company if they could supply sub-machine guns and automatic rifles to a multi-national company wishing to improve security at energy installations in Sudan. First contact with POF was made in September 1999 at the UK’s Defence Systems and Equipment International (DSEi) exhibition in Surrey. POF were not at any time asked about landmines. However, at a subsequent meeting in London, a technical attaché to the Pakistan embassy in London unexpectedly also offered to sell anti-personnel mines (APMs). This meeting was filmed and shown on the Channel 4 television programme Dispatches on 9 December 1999.

The mines appeared in a subsequent faxed quotation from POF. They are described in detailed technical specifications accompanying the quotation as the ‘Mine A.P. Jumping P-7 MK2’, and the ‘Mine anti personnel fragmentation P5A3’. Also offered for sale were ‘flare trip wires’.

The specification for the P-7 contains the following (at paragraph 3):

‘Functioning: A minimum load of 4 kg acting on one or more of the three prongs of the firing device or a pull of at least 1.5 kg on the trip wire attached to the Ring Pin Release causes the release of the striker... the Propelling charge… propels Projectile out of the Projector. The Delay charge initiates the detonator which, in turn, initiates the Booster and the Bursting charge. The Bursting charge explodes the Projectile at a height of about two metres.’

These details are confirmed in a summary of technical data at paragraph 4 of the POF specification.

The specification for the P5A3 describes the mine as a ‘directional and fixed fragmentation type mine. It is used for defence of bivouac areas, out posts and against infiltration tactics… On detonation, a fan shaped sheaf of spherical steel fragments is projected in a 50 deg. horizontal arc covering a casualty area of 50 metres deep and 2 metres high.’ The mines are described as being packed five to a box, complete with 40 metres of cord and five trip wire spools.

The POF quotation dated 11 November 1999 lists prices of $2,450 for 100 P-7 mines ($24.50 each), $9,300 for 150 P5A3s, and $4,560 for 120 flare trip wires ($38 each).

Specialists in the UK are without any doubt that the P-7 is a bounding fragmentation mine that is activated by its victim. The P5A3 is a Claymore-type mine, which with the trip-wire is also activated by the victim. The UK Working Group on Landmines is clear that the P-7 mines offered are banned in the UK under the Ottawa Treaty and the Landmines Act; the P5A3 is banned when it is victim-activated, with a tripwire, as offered by POF.

Legislation

Pakistan has not signed the Ottawa Treaty banning anti-personnel mines, and has been one of the strongest defenders of continued possession and use of APMs. Pakistan has, however, had in place a moratorium on the export of mines since March 1997. Most importantly, on 9 March 1999 Pakistan ratified the Amended Protocol II to the Convention on Conventional Weapons (CCW). Under sub-paragraph 1 (b) of Article 8 (Transfers), Pakistan undertakes not to transfer any mine to any recipient other than a State or a State agency authorised to receive such transfers. This means that a transfer of these mines to a private company would be a clear breach of the Convention.

The UK’s Landmines Act 1998 entered into force with the Ottawa Treaty on 1 March 1999. Section 2(1) of the Act provides that no person shall ‘participate in the acquisition’ or transfer of an anti-personnel mine, as defined in the Ottawa Treaty. Section 2(2) provides that ‘no person shall assist, encourage or induce any other person’ to participate in the acquisition of an anti-personnel mine. Entering into a contract, or encouraging a person to enter into a contract to acquire or transfer mines within the definition of the Ottawa Treaty is a criminal offence, with those convicted liable to 14 years in prison, an unlimited fine or both.

POF’s response

POF have responded to the programme makers in writing. In a letter dated 1 December 1999, POF state that export of anti-personnel mines is banned under Pakistani law; that the items in question are ‘not APMs, but devices that can only be exploded manually by the installer/defender. These are not victim actuated mines which are prohibited under the Amended Protocol II on landmines…’ The letter describes the quotation as a routine response to a query, and that the export of these items is subject to end user certificates and export permits issued by the Government of Pakistan.

The UK’s response

The UK’s Foreign and Commonwealth Office summoned Pakistan’s High Commissioner in London on 7 December to explain the alleged activities of the technical attaché. Ministers have also referred the case to HM Customs and Excise, the body responsible under the Landmines Act for investigating possible offences involving transfers of anti-personnel mines.

This incident is the second in four months of arms dealers allegedly selling banned mines in the UK. At the UK’s Defence Systems and Equipment International (DSEi) exhibition in Chertsey, Surrey between 14 and 17 September 1999, the Romanian state-owned company, Romtehnica, were reportedly offering anti-personnel mines for sale. According to UK Ministers, the MoD Police are still investigating the matter and will submit a file to the Crown Prosecution Service in due course.

The UK Working Group on Landmines’ view

The UK Working Group deplores any breach of obligations under international law on landmines. The Group welcomes the swift action taken by UK Foreign Office Ministers so far, but calls for further action.

Recommendations

To the UK Government:

HM Customs and Excise should carry out an immediate investigation to see whether a criminal offence has been committed

The MoD should carry out a transparent review of checks and controls on companies, such as POF, that are invited to MoD sponsored arms fairs

The Government should speedily make public the results of the inquiry into the recent allegations against the Romanian state firm, Romtehnica

The UK should raise this apparent breach of Article 8 of Protocol II with the Government of Pakistan and at the forthcoming Meeting of States Parties to the Convention in Geneva (15-17 December).

To the Government of Pakistan:

Pakistan should move quickly to adopt a legally binding, permanent ban on the production of APMs

Pakistan should accede to the Ottawa Treaty without further delay.