HKMUN 2012: Chair Report Forum: General Assembly - Social, Humanitarian and Cultural Committee Issue: Implementing of the Convention on the prohibition of the use of stockpiling, production and transfer of anti-personnel mines and on their destruction. Student Officer: Tiffany Chung Position: Committee Chair Note: This document serves as an introduction to the topic. All delegates are strongly advised to supplement this document with independent research. _______________________________________________________________________
Description of Issue The Convention on the prohibition of the use of stockpiling, production and transfer of antipersonnel mines and on their destruction was signed on the 3rd of December 1997. Signatories affirm to move towards the complete elimination of AP mines, with exception of mines used for training in detection, clearance or destruction. Mines are different from many other forms of weaponry in warfare as they are indiscriminate, often killing and maiming more civilians than those engaged in active warfare. They continue to be active decades after wars have ended, which lead to lives and livelihoods being claimed long after violence has ceased and hinders the ability for renormalization of life after wars have ended. They are often used to form a strategic barrier or blockade, either to stop enemy forces from advancing or to terrorize civilians. Refugees are often prevented from returning home due to the inability to pass through mined areas, or because areas of critical significance to livelihood such as waterways and farmland have been mined. This inhibits their repatriation, hindering ability for countries to regain stability after war and gives rise to other humanitarian issues such as the maintenance of refugee camps and displaced persons. The economic damage of mines is also significant. According to the United Nations, “the cost to remove all 110 million active mines is estimated at $50 billion� (USD), and that medical care of the 250,000 registered amputees will cost a total of $750 million. Moreover, the economic paralysis incurred due to restriction of access to resources in agricultural dependent economies means stagnation in the ability for recovery after wars. For every mine that is detonated, twenty new ones are planted. As of today, there are still 110 million mines active mines in over 60 countries, and another 110 million that countries around the world have stockpiled. 133 countries have signed the treaty, and 40 countries have ratified. However, 39 countries have not ratified the treaty, including Russia, United States, China, Somalia, Myanmar, UAE and Iraq and most land-mine producing countries have indicated they have no intention of signing or ratifying this treaty. Without their participation, the treaty is rendered moot. 1
Definitions of Key Terms: Convention on the prohibition of the use of stockpiling, production and transfer of antipersonnel mines and on their destruction Also known as the Ottawa Treaty of 1997 or the Mine Ban Treaty, parties to the treaty commit to oppose the use, production and development of land-mines. States are required to regularly report to the UN the status of the country regarding number of stockpiled mines, areas affected by mines, legislation to implement the treaty and to protect civilians. This treaty only governs Anti-Personnel mines, and not anti-tank or vehicle mines. Anti-Personnel Mines (Referred to as AP mines) Anti-Personnel mines (AP-Mines) are explosive devices that are often designed to maim instead of kill when activated, usually by physical contact. Because of their small size and low cost, they were and are frequently used as a barrier or blockade, especially in demilitarized zones or areas of importance to civilians such as waterways and farmland as a form of terrorization. Many armies do not keep track of where and how many mines are deployed, making their removal more difficult. Mined Area A Mined area is a territory which is dangerous to enter due to either the actual or suspected presence of mines.1 Implementation Implementation is the execution or enactment of a plan, idea or model Positions of Key Member Nations and Other Bodies on the Issue International Committee of the Red Cross The ICRC has been instrumental in the creation of this convention, and “relieving the suffering of the injured�2. It focuses on the removal of landmines and the care of victims. International Campaign to Ban Landmines (Landmine Monitoring Project) The ICBL releases a yearly report regarding the status of Landmine use, production and stockpiling and conducts independent research into governments, especially those who are nonsignatory to the treaty, suspected producers or stockpilers and those suspected of violation of the treaty. Human Rights Watch
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Paraphrased, Canadian Department of Justice The ICRC - Anti-Personnel Landmines
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The Human Rights Watch tracks the record of countries whom are suspected or known to not follow the treaty, and is a key proponent of the full implementation of the Ottawa Treaty. The Intersessional Standing Committee of Experts on Stockpiling Co-Chaired by Hungary and Mali, the committee serves as one of the only venues for discussion of stockpiling and stockpile destruction. Experts on stockpiling from governments, NGOs and various other backgrounds come together to discuss and exchange ideas.
Main parties involved The United States of America Is not a signatory to the treaty and is the only non-signatory to release data on stockpiles and other statistics. The only place where the USA still uses mines is in Korea, but in the February 27, 2004 new US policy pledged to “eliminate all persistent landmines, and to develop “non-persistent” mines to reduce humanitarian threat in battle. Angola One of the most heavily mined countries in the world, Angola is a signatory of the treaty. However, severe problems regarding stockpiling of mines still persist, and the country has faced problems with meeting deadlines, which officials have partially attributed to lack of funding. Canada A signatory of the treaty, Canada has led the way in several fields including establishment of bilateral agreements in facilitation of destruction of stockpiled mines.
Main Issues Though the treaty has significantly reduced the number of mines used and stockpiled in our world today, the dream of a mine-free world is nowhere near. With 39 countries still not having ratified, there is a lack of transparency, as these countries are not obligated to report figures on usage or stockpiling. Even in countries that have signed and ratified, there is often still disparity between reports to the United Nations and the actual situation in the country, examples being Botswana (where in June 1997 that it had no stockpile of AP mines, but in 1995 a Defense Force official told Human Rights Watch it maintained a small stockpile)3, Senegal, (which indicated they had never stockpiled AP mines, but members of Senegalese engineering corps told Lindmine Moniter army did have AP mines)4. China, India, the Republic of Korea, Pakistan, Russia and the USA are estimated to hold tens of millions of stockpiled antipersonnel mines. More worryingly 13 countries have been identified as actual or suspected producers of land-mines. Due to the fact they are not parties to the convention, the UN is unable to investigate. Delegates should address the pressing concern that the stockpile and production of mines continues today and the price of being reactive instead of 3 4
Landmine and Cluster Munition Monitor Landmine and Cluster Munition Moniter
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proactive is superfluous loss of life and a continuation of an outdated and inhumane method of warfare. Even in countries that are signatories to the treaty, many are behind on deadlines for stockpile destruction and clearance of mined areas. Belarus, Greece and Turkey missed their stockpile destruction deadlines of 2008, and missed their deadline again in 2009. Not only this, many countries are in violation of article 7, which calls for declaration on status of stockpiles and destruction. Citing national security, many countries have presented contradictory reports, or refused to disclose information. A rising problem is the issue of non-state actors using, stockpiling and producing AP mines. As these actors pose threats to member states, it is in their own interest to ensure the security by addressing these stocks as well. According to the Landmine monitor “Casamance separatists in Senegal are believed to have stocks of mines, apparently obtained from the black market in neighboring Gambia and Guinea-Bissau.�, the Liberation Tiger Tamil Eelam in Sri Lanka has been a manufacturer of mines, and three separate rebel groups in Uganda are known to have stockpiles. We must not forget the civilians that live with the effects of landmines today, be it that they are victims themselves, that their family’s source of income has been removed or greatly reduced or that they cannot return home because of mined areas. The social cost of having displaced and maimed people cannot be quantified, but delegates must not forget that behind the statistics and reports are millions who live day by day in fear of these weapons. Delegates should address the issue of victims of landmines and the limited options they face in countries unable to shoulder the heavy financial burden of their care.
Possible Solutions Delegates could address the issue of non-signatories by looking at a renewal of the treaty, which was written in 1997. Perhaps with more compromise, whilst keeping the integrity and spirit of the treaty, more states would sign and ratify this treaty. By the inclusion of more member states, the situation with regard to transparency could be improved as the legally binding Article 7 mandates the disclosure of information. Member States need to be transparent, as without information the United Nations cannot accurately address the problem, especially to do with aid to help member states reach their goals and deadlines. Many countries are behind on deadlines on the destruction of stockpiles because of financial reasons. This committee encourages countries to look into the example of Canada, which has engaged in bilateral agreements to aid reduction of mines, and also a sharing of both technological information and facilities by the international community in order to expedite the clearing and destruction of mines, and facilitate the improvement of health and safety of a highly hazardous occupation (mine destruction and clearing). Delegates should also address the work of NGOs and outside organizations such as the Human Rights Watch, International Campaign to End Landmines and the International Committee of the Red Cross which have been instrumental in the implementation of the treaty. However, many 4
countries have been hostile to investigations by such organizations and this committee calls for greater cooperation in order to facilitate research and work. They should also address the issue of victims and family of victims of landmines, Acknowledging the difficulty in collaboration with such a sensitive topic for many states, delegates must still keep the spirit of the convention in their mind during the discussions, which is to protect civilians and to remove landmines as a weapon. An ideal solution would be the establishment of international co-operation in the destruction of mines, transparency facilitated by the United Nations between countries in order to accurately address the problems and the cessation of production and use of landmines by state parties immediately.
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