| UNIVERSITY OF PENNSYLVANIA - AFRICAN STUDIES CENTER |
Africa: Recent Landmines Documents, Date Distributed (ymd): 960216
UN Information Service: Round-up of Session DC/2541, 22 January 1996 (Excerpts)
REVIEW CONFERENCE ON CONVENTION ON CERTAIN CONVENTIONAL WEAPONS CONCLUDES FIRST RESUMED SESSION, GENEVA, 15-19 JANUARY
Conference Defines Framework for Final Agreement On Land-mines; Will Resume Deliberations in Geneva, 22 April-3 May
GENEVA, 19 January (UN Information Service) -- The Review Conference of States Parties to the 1980 Convention on Certain Conventional Weapons concluded a five-day resumed session today after defining what its President called a framework for a possible final agreement to place sharp restrictions on land-mines.
In a closing statement, Johan Molander (Sweden), President of the Conference, cautioned, however, that the 43 States parties and 33 observer States had much to do before an agreement could be reached that would effectively address what Secretary-General Boutros Boutros-Ghali has called a global "land-mine crisis".
The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious or To Have Indiscriminate Effects came into effect on 2 December 1983 and is currently undergoing its first review. In addition to the Protocol on land-mines (Protocol II), it contains Protocols on the prohibition of fragments which remain undetectable in the human body (Protocol I), and on incendiary weapons (Protocol III). A Protocol on blinding laser weapons (Protocol IV) was adopted at the Vienna session of the Review Conference, held from 25 September to 13 October 1995.
The main focus of the Vienna session was the Convention's Protocol on landmines, which also encompasses the use of booby-traps. However, no agreement was reached on provisions to strengthen that Protocol because of the breadth and number of proposals that were advanced, and insufficient time to consider them. Since many of the difficulties concerned technical terminology, national military perspectives and existing stocks, it was agreed that the January session would discuss technical and military issues, focusing on detectability, self-destruction capabilities and the length of any transition periods. It was also decided that the second resumed session, scheduled for 22 April to 3 May in Geneva, would focus on all remaining aspects of the land-mines Protocol, including scope, implementation mechanisms and technical cooperation.
- - Press Release DC/2541 22 January 1996
Statements at Concluding Session
Speaking in his capacity as President of the Conference, JOHAN MOLANDER (Sweden), said that while the work of this session had ended, the work of the Conference was far from over, and a general framework for changes to the land-mines Protocol had been spelled out in the revised President's text. While acknowledging that there were many compromises in that document, he said adoption would represent a significant step forward in international humanitarian law. He said he had incorporated into the text what he viewed as the current status of negotiations, with the expectation that its contents would be reviewed at the national level and be the subject of negotiations before the April Conference.
MARK MOHER (Canada) announced that his Government had adopted a unilateral ban on the production, export and operational use of anti-personnel land mines. Such measures would serve to complement efforts to strengthen efforts to eliminate anti-personnel land-mines and encouraged other countries to follow suit.
ANTONIO DE ICAZA (Mexico) said that although his country was neither a producer nor user of mines, it believed the only solution was a comprehensive ban on all mines. It was deplorable that no stronger action was contemplated. Mexico would, nevertheless, support all efforts towards consensus, as all efforts towards strengthened regulations and adherence were welcome.
JOERG WIMMERS, of the Mine Clearance and Policy Unit of the United Nations Department of Humanitarian Affairs (DHA), reminded delegates of the necessity to find a durable solution to the humanitarian aspects of the land-mine crisis. Speaking on behalf of DHA, the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF) and the World Food Programme (WFP), he said technical solutions did not adequately take those concerns into account and it was "high time for a bold political commitment" to end the proliferation of land-mines. Public opinion was increasingly expecting a solution from the international community and some 20 countries had already asked for a total ban. He urged all States parties to reinforce their commitment to that goal at the resumed session in April.
SALLY CURRY, Secretary-General for Humanity's Future, said land-mines were a flagrant violation of human rights, most specifically the rights of the child, and constituted a crime against humanity and the earth. Delegates needed to turn the discussion away from the search for more sophisticated technological weapons and towards means of initiating a massive clean-up and comprehensive ban on production, use, stockpiling and trade in mines.
STEPHEN GOOSE, of the International Campaign to Ban Land Mines, an umbrella coalition of some 400 non-governmental organizations in 36 countries, expressed his dismay that no solution had yet been found to the pressing issues under review. His organization did not believe in a technological solution and it would be difficult to convince the 70 persons injured by land-mines each day -- "many of whom may never take another step" -- that such a step-by-step approach was effective. Citing Switzerland's support for a total ban, the announcement of Canada and the eight other nations which had proclaimed bans in the past four months, he said that number would continue to grow, pushing the discussion away from technology and towards a humanitarian solution. In the eyes of the non-governmental organization community, that would be progress.
Background
The first session of the Conference in Vienna was attended by 453 representatives of some 44 of the 49 States which are parties to the Convention, 40 observer nations, and a large number of international and non-governmental organizations. The Vienna meeting had been charged with reviewing the 1980 Convention with an eye to strengthening international restrictions on the production, sale and use of land-mines and other weapons which strike indiscriminately.
A preparatory group of governmental experts had been assigned the task of proposing changes to the Convention and its Protocols and considering the possibility of adding new protocols. Following almost two years of extensive deliberations under the chairmanship of Mr. Molander, that body developed a "rolling text" which served as the basis for the Vienna review.
Despite intensive negotiations on the land-mines protocol (Protocol II) during the three-week Conference, no changes were made to it. However, some agreement was reached in broad terms in several areas including expanding the scope of the Protocol to include internal as well as international conflicts and introduction of regulations on transfers. There was also agreement that full responsibility for clearance of land-mines would be assigned to the mine-laying party and broad support for improved protection to humanitarian workers.
Delegates were able to agree on the addition of a fourth protocol to the Convention. The newly adopted Protocol IV bans the use and transfer of blinding laser weapons. By that instrument, all weapons which have blinding as a major combat function may not be used or transferred to any entity or State. While many delegations had wanted a more far-reaching ban, the new Protocol represents a unique step in humanitarian international law in that it is pre-emptive -- a weapon has been banned before it came into use.
The Vienna discussions stalled on the question of detectability of land-mines, their self-destruction capabilities and the amount of time which should be allotted for States parties to bring their mine stocks into line with new specifications. The decision was subsequently made to discuss only those issues at the January session. All other issues are to be considered in a third session in Geneva. It is expected that the revised Convention will be completed at that time.
Questions Examined in Geneva
Detectability: Some delegations believed that the overriding humanitarian principles guiding the Review Conference -- improved protection of civilians and improved demining capabilities -- could not be met without making all anti-personnel land-mines detectable. There appeared to be a strong trend towards making at least all anti-personnel mines detectable. However, no consensus was reached and questions remained open, including the amount of time which should be allotted for transition.
Anti-handling devices: Although an attempt was made to balance military capabilities with humanitarian concerns on the subject of anti-handling devices, delegations remained far from reaching consensus. One possible point of agreement, should discussions continue, could prove to be the injunction that the lifetime of an anti-handling device could not exceed the lifetime of the mine itself.
Anti-sensing activities: Delegates were able to agree on a strengthened "anti-sensing" clause to the technical annex of the President's rolling text. By that prohibition, detonation caused by non-contact detection with any "commonly available mine detector" would be expressly prohibited for all mines, booby-traps and other explosive devices.
Self-destruction: Unlike manually emplaced mines, remotely- delivered mines are dispersed from a distance, for example by plane or helicopter. Discussion continued on the reliability factor associated with self-destruction capabilities for remotely-delivered anti-personnel mines. There was general agreement that such a feature would be backed up by a self- deactivation feature (whereby a mine automatically becomes inoperable because an integral component becomes exhausted within an allotted time).
Delegations appeared prepared to accept a failure rate of no higher than 10 per cent, while many wanted that rate to be brought down to 5 per cent of mines. The outside time period for the potential lifetime of such mines ranged in discussions from 30 days (if the self-destruct mechanism functioned) to 120 days; at least one delegation wanted further testing before committing itself to a time-limit.
Transition period: No broad consensus was reached on the period of time which should be allotted for transition. ...
Arms Control Working Group c/o Demilitarization for Democracy 1601 Connecticut Ave. NW #600 Washington, DC 20009 Phone: (202) 319-7191 Fax: (202) 319-7194 E-mail: pdd@clark.net
PRESS RELEASE
January 26, 1996
Washington, D.C. ... President Clinton today signed into law a one-year moratorium on the use of anti-personnel landmines by U.S. forces. This "Leahy-Evans" (Sen. Patrick Leahy, D- Vt. and Rep. Lane Evans, D-Ill.) amendment is part of the foreign operations appropriation, which is included in the Continuing Resolution keeping the government running until March 15. The moratorium on landmine use will take effect in three years, so that U.S. armed forces can make changes in doctrine and operations without disrupting combat readiness. (For more information on military alternatives to landmines, please call 319-7191 for a copy of DFD's 1995 report, which contains a three-year timetable for phasing in these alternatives.)
The moratorium on landmine use is permanent law, despite the fact that the bill containing it expires March 15. Supporters of the provision expect strong efforts this coming year from the Pentagon to overturn it, but at the moment, U.S. law pointedly rejects current administration policy and points the way toward an international ban on the use of anti-personnel landmines. This is victory for a remarkable coalition of veterans, religious, humanitarian, human rights, development, and disarmament groups. DFD director Caleb Rossiter said: "This amendment points the way to a world in which landmines are illegal and their use is punished with stiff sanctions. As is the case with chemical weapons, that will lead eventually to a world without landmines, which will save lives and limbs not only for tens of thousands of civilians but also for U.S. troops on peace-keeping missions in places like Bosnia."
The moratorium on landmine use passed the Senate 67-27, and then was accepted in conference by a House subcommittee chaired by Rep. Sonny Callahan (R-Ala.). The Pentagon made an attempt to weaken the moratorium in the conference on the Defense Authorization Act, but Sen. Leahy held up that bill on the Senate floor until Armed Services chair Sen. Strom Thurmond (R-S.C.) agreed to remove a provision granting the President the right to waive the landmines moratorium.
************************************************************
February 2, 1996
Dear President Clinton:
We represent veterans, international development, humanitarian relief, human rights, religious, and disarmament groups who support the International Campaign To Ban Landmines. We have been deeply disappointed by your decision to defer to the wishes of the Joint Chiefs of Staff and the Department of Defense and instruct your representatives in recent international negotiations to thwart efforts to ban landmines.
Landmines burst into press and public notice in December when Army Specialist 4 Martin John Begosh drove his vehicle over a landmine and became the first U.S. military casualty in Bosnia. He certainly will not be the last military casualty, because 6 million or more landmines are strewn across Bosnia and Croatia.
In November 1995 Chair of the Joint Chiefs of Staff Gen. John Shalikashvili lobbied hard against a moratorium on landmine use proposed by Sen. Patrick Leahy and Rep. Lane Evans; just two months later Secretary of Defense William Perry called landmines the number one threat to U.S. military personnel in Bosnia. Clearly, the argument that landmines are "force multipliers" that save the lives of U.S. military personnel fails the reality test in Bosnia, where landmines are deadly "force dividers" for our troops, just as they were in Vietnam, Iraq, and Somalia. A world without landmines would be far safer for U.S. troops than the world with millions of landmines they must face today.
However, the overriding reality in Bosnia and other areas of armed conflict is that military casualties due to landmines are only the tip of the iceberg. Landmines are the weapons that keep on killing long after armed conflict has ended. Whom do they keep on killing? Tragically, innocent children at play, farmers cultivating land for food, and women carrying the family's supply of water are the ones killed or maimed. Over 100 million landmines in 62 countries continue to kill and maim 2000 people every month and pose a significant barrier to efforts to promote sustainable economic development abroad.
Indeed, whether landmines, on balance, protect or threaten
military personnel is not for us the key issue. Landmines
are indiscriminate terror weapons that, like chemical
weapons, should be banned from the world's arsenals.
Secretary of State Warren Christopher has called landmines
"weapons of mass destruction in slow motion,"
and we believe that weapons of mass destruction are
illegal and should be banned and destroyed.
We are aware that U.S. armed forces attempt to use landmines
in such a way as to minimize civilian casualties, by
marking permanent minefields and generally using only
short-term, self-destructing mines in unmarked areas.
However, it is not U.S. use but U.S. leadership that
is at issue at this time.
Landmines are a global problem requiring global leadership.
There will be no significant movement toward a workable
ban on landmines until the United States joins the
countries who are removing landmines from their arsenals
and then challenges other countries to agree to an
international regime of inspections and sanctions to
ensure that landmines are not being produced, stockpiled,
or used. A ban is the only practical way to ensure
that in future Bosnias our troops and those of our
allies do not suffer the senseless casualties they
have this time.
In your September 1994 address to the United Nations
you placed the United States firmly behind the goal
of ridding the world of anti-personnel landmines.
Since then, however, you have deferred to the Pentagon's
intense opposition to meaningful steps toward achieving
the goal you and we share. As noted above, last fall
the Pentagon lobbied fiercely against the Leahy-Evans
landmine use moratorium even after it passed the Senate
by a better than two-to-one margin, and the U.S. delegation
to the U.N. negotiations on conventional weapons actually
opposed other countries' proposals to ban landmines.
We applaud the enactment into law in January of the Leahy- Evans legislation, which establishes a one-year moratorium on the use of anti-personnel landmines by U.S. forces starting in 1998. This law should form the basis for the U.S. position in current international negotiations on landmines.
Now, while America's attention is focused on the threat of landmines in Bosnia, is the time for you to take on the Pentagon's arguments and stand up for the thousands of civilian and military victims of landmines. We recall that the Pentagon in the 1980s also bitterly opposed efforts to ban the production of chemical weapons, which like landmines by their very nature did not discriminate between combatants and civilians. However, President Bush promoted the historic agreement banning all parties from having chemical weapons and setting up a system of inspections and sanctions to enforce the agreement.
Only the Commander-in-Chief can instruct the Pentagon to cease its resistance to banning a weapon. We urge you to do so in the case of anti-personnel landmines, so the Pentagon can begin planning for operations in a mine-free world and the United States can return to its position of international leadership on this issue.
We come to the landmines campaign from a wide variety of perspectives -- human rights groups who see landmines as indiscriminate weapons that violate existing international law protecting civilians from attack; veterans' groups who have seen first-hand the trauma these coward's weapons inflict on combatants as well as civilians; international relief groups who treat victims of mine warfare; international development groups who face the nearly impossible task of helping communities clear mines and resume economic development; and disarmament groups who oppose the transfer of weapons to irresponsible users, which for landmines means, by definition, virtually all users. We all view the International Campaign To Ban Landmines as one of the most important legacies that the troubled 1990s can offer to the world.
We look forward to hearing your response to our position. Thank you for your attention to our appeal.
Sincerely,
Americans for Democratic Action; Amy Isaacs, National Director * American Friends Service Committee, Washington Office; James Matlack, Director * Asia Pacific Center for Justice and Peace; Kathryn Johnson, Interim Executive Director * Bread for the World; David Beckman, President * Center for Defense Information; Admiral Jack Shanahan, Director * Church of the Brethren, Washington Office; Timothy McElwee, Director * Church Women United, Washington Office; Nancy Chupp, Director * Council for a Livable World; John Isaacs, Executive Director * Council on Economic Priorities; Jordana Friedman, Director, International Security Program * Demilitarization for Democracy; Caleb Rossiter, Director * Evangelical Lutheran Church in America; Mark Brown, Assistant Director * Federation of American Scientists; Lora Lumpe, Director Arms Sales Monitoring Project * Friends Committee on National Legislation; Joe Volk, Executive Secretary * Fund for New Priorities in America; Maurice Paprin, President * Human Rights Watch, The Arms Project; Steve Goose, Program Director * Lutheran World Relief; Kathryn Wolford, President * Maryknoll Justice and Peace Office; Terence Miller * Mennonite Central Committee, Washington Office; J. Daryl Byler, Director * National Commission for Economic Conversion and Disarmament; Greg Bischak, Executive Director * Peace Action; Fran Teplitz, Program Director * Physicians for Human Rights; Susannah Sirken, Acting Executive Director * Saferworld; Peter Davies, United States Representative * United States Catholic Conference; John Carr, Secretary of the Department of Social Development and World Peace * Veterans for Peace; Jerry Genesio, Executive Director * Vietnam Veterans of America Foundation; Jody Williams, Coordinator, the International Campaign To Ban Landmines * Washington Office on Africa; Imani Countess, Executive Director * Women's Commission for Refugee Women and Children; Mary Diaz, Director * Women's Action for New Directions; Debra Walden, Director * Women Strike for Peace; Edith Villastrigo, Director * World Federalist Association; Tim Barner, Executive Director
E-mail: woa@igc.apc.org. ************************************************************ From: "Washington Office on Africa" <woa@igc.apc.org> Date: Fri, 16 Feb 1996 10:47:48 -0500 Subject: Africa: Recent Landmines Docmnts, 1
Editor: Ali B. Ali-Dinar
| Previous Menu | Home Page | What's New | Search | Country Specific |