Speech given by Mr. Jesús Martínez of LSN El Salvador

My name is Jesús Martínez. I am part of the group of landmine survivors participating in the 7th meeting through the program Widening the Voices.

I would like to thank the ICBL for making it possible for me to participate. This is a good example of how to ensure the active participation of survivors in the campaign’s activities. In particular I have been monitoring and, insofar as possible, participating in this important process.

I would like to take this opportunity to speak about the situation that landmine survivors are facing in Latin America; although I do not have first-hand knowledge of each country’s situation I am in contact with survivors throughout the region. It is sad and worrying to hear the lovely speeches from governments in the region that always make it sound like a paradise, even though they know they have not fully met their obligations in terms of victim assistance.

The title of this meeting is “THE AMERICAS: THE FORGOTTEN CONTINENT.” Some of you may not agree with this name but I wish to tell you why we chose it. I am pleased to hear Colombia and Nicaragua being discussed. Despite this, we have little information about who grants funds to Latin America; which countries aside from Colombia and Nicaragua are receiving funds; and how much is dedicated to which aspects of victim assistance. It is important for us, as civil society, to supervise how our governments make use of donated funds, but we can only do this if we have the necessary information. During the opening ceremony some countries’ good practices were presented regarding the allocation of funds, including the assurance that a specific percentage of development funds be dedicated to disability programs and projects. Donor countries make no mention of Latin American countries -- with the exception of Colombia and Nicaragua -- in their support plans. As survivors, we feel that some governments have forgotten their obligations of victim assistance. We applaud the OAS, which continues developing projects in some countries of the region.

There are many issues I could focus on, but on this occasion I would like to speak regarding the lack of work on comprehensive victim assistance.

I will mention three points.

First

Cooperation. Ideally, governments would fulfill their obligations on their own. But if they cannot do so due to lack of resources, they must inform donor countries and request the necessary support for improving victim assistance. We must not continue to be the forgotten continent.

For example, in some countries there are prosthesis centers or other programs supported and financed with foreign funds. We can say that programs for survivors receive more funding from abroad than from their own governments.

• In most countries prosthesis and rehabilitation services (among others) are concentrated in large cities so it is very difficult for survivors who live in rural areas to access these services.

Second

I would like to refer back to an issue I touched on in my speech of last May during the intersessionals. The majority of the 24 countries identified as having the greatest needs in terms of victim assistance [1] did not include survivors in the process of drawing up the list of issues to be dealt with in the action plan for victim assistance.

I would like to remind our governments that the Nairobi Action Plan, specifically action #38, calls upon member countries to “ensure effective integration of mine victims in the convention’s work.” The process of making plans, setting priorities, and fulfilling victim assistance obligations is an integral part of the work done on the convention. Two questions arise: How can we know what the status of victim assistance is in each country without asking the survivors themselves? How can effective victim assistance be legitimately planned without speaking with us, the victims?

It appears to us that in each government, the individuals most involved in implementing victim assistance programs, including physical rehabilitation, psycho-social services, and economic reintegration, have not been involved in the process of completing the list of issues to be dealt with for victim assistance. As the Nairobi Action Plan and the lists of issues themselves show, victim assistance is not an issue of disarmament and it is not an issue that should be left exclusively to the Ministry of Foreign Relations. The Ministry of Labor, the Ministry of Finance, the Ministry of Social Development, the Ministry of Health, and the Ministry of Human Rights should all be involved, as should the survivors. If victim assistance is to truly work, these actors must be involved to ensure appropriate planning, including budgetary planning.

Third

Human rights and economic integration. In many countries the full enjoyment of human rights is subject to an individual’s income level, as the resources required for human subsistence are not free. Victim assistance does not include only physical health and fitting a prosthesis, although these are necessary. More effort is necessary to integrate survivors into income-generating activities as survivors need to continue to contribute to maintain their families, send their children to school, and fulfill other civic responsibilities.

• In many countries being over 30 years of age is a limiting factor for obtaining employment; it is even more difficult when an individual is an amputee or has other disabilities. Survivors almost never have access to credit as they have no goods to offer as guarantee. Thus, they are denied the opportunity to engage in income-generating activities.

Action #32 of Nairobi Action Plan clearly emphasizes support for sustainable economic activities and employment opportunities.

• Governments claim that their countries are developing, but if they do not eliminate physical barriers, then this development is not inclusive, since the disabled are not included in government development plans. Deficiencies in access to buildings and transportation are also a major limiting factor for the disabled, including landmine survivors, who cannot travel to jobs or educational centers.

• Although most of our countries have specific laws protecting the rights of the disabled, including landmine survivors, these laws are not enforced. This leads disabled individuals to carry out public activities that highlight the governments’ failure to fulfill its responsibilities.

Action #33 of the Nairobi Action Plan orders that the legal and regulatory authorities be responsible for landmine survivors’ needs and basic human rights.

It is time for member states to put words aside and face reality: we do not want them to continue claiming that we, the landmine survivors, are doing well. It has been promised that “UNDER NO CIRCUMSTANCES SHALL LANDMINES BE USED,” in faithful fulfillment of the treaty. We also want the commitment that “IN ALL CIRCUMSTANCES SHALL VICTIM ASSISTANCE OBLIGATIONS BE MET.”

I would like to note that Action #38 of the Nairobi Acton Plan refers to victim assistance as a human rights issue, for which reason I would like to join in welcoming the Convention on the Rights of Persons with Disabilities, approved last month, since landmine survivors will also benefit when it goes into effect.

I will close with a slogan that has become very popular: “Nothing about us without us.”

[1] Countries identified as having the greatest needs in terms of victim assistance: Afghanistan, Albania, Angola, Bosnia, Burundi, Cambodia, Chad, Colombia, Croatia, Democratic Republic of Congo, El Salvador, Eritrea, Ethiopia, Guinea-Bissau, Mozambique, Nicaragua, Peru, Senegal, Serbia, Sudan, Tajikistan, Thailand, Uganda, Yemen.