UNODA Occasional Papers: No. 34, November 2019
UNODA Occasional Papers: No. 34, November 2019
The views expressed in this publication are those of the authors and
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Foreword
Jody Williams. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
Acknowledgements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xi
Afterword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Notes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
iii
ICBL’s Mary Wareham, Jody Williams, Steve Goose and Norwegian diplomat Steffen Kongstad
at the Mine Ban Convention negotiations in Oslo, Norway, in September 1997. © John Rodsted
ICBL’s Steve Goose, Mette Sofie Eliseussen, Jody Williams, Mary Wareham and Mereso Agina
provided a t-shirt signed by campaigners, deminers and landmine survivors to the chair of
the negotiations, Ambassador Jackie Selebi of South Africa, immediately after the Mine Ban
Convention was adopted in Oslo, Norway, on 18 September 1997. © John Rodsted
Foreword
Jody Williams
Nobel Peace Laureate
v
for increased international resources for humanitarian mine
clearance and mine victim assistance programmes.
The members of ICBL were responding to a humanitarian
crisis resulting from the use of landmines, especially in the
regions of the world where the two super-Powers had fought
proxy wars during the cold war. Once these wars ended, the
landmines, or “indiscriminate weapons of mass destruction in
slow motion” as we came to call them, remained where they
had been sown. It was primarily civilians who were maimed or
killed. Not surprisingly, landmine survivors became some of
ICBL’s most powerful advocates for a treaty banning landmines.
While ICBL was the engine that drove the landmine issue
forward, it was the building of the ban movement overall that
ultimately resulted in the successful negotiation of the treaty.
The second critical element of the movement was when
the International Committee of the Red Cross (ICRC) found
a renewed public voice on landmines. ICRC had been deeply
involved in the development of the CCW in the 1970s and for
years its medical personnel had been sending reports from the
field about the horrors of landmines. With all of the interest
being generated by ICBL and increased media coverage of what
was being called a “landmine crisis”, the ICRC internal debate
about landmines was heating up and, in 1994, its then-president,
Cornelio Sommaruga, stated that, “from a humanitarian point
of view, we believe that a worldwide ban on anti-personnel
landmines is the only truly effective solution”. With that, ICRC
added its formidable might to the movement.
The final and fundamental element was building a self-
identifying core group of Governments that were as pro-ban as
ICBL and ICRC, all while groups of governmental experts were
meeting to review and perhaps amend Protocol II of the CCW
in discussions that, over two and a half years, did not yield
meaningful action against landmines.
The core group evolved out of the countries that had
taken unilateral steps related to ban anti-personnel landmines.
vi
In March 1995, Belgium, for example, became the first country
in the world to completely ban anti-personnel landmines at the
domestic level and other countries followed suit. By September
1995, 14 countries had declared themselves pro-ban and the
number continued to grow and regions of the world, beginning
with Central America, began to declare themselves as “mine-
free zones”.
All these actions were the building blocks of what would
become the Anti-Personnel Mine Ban Convention and the
actions continued even as the expert sessions of the CCW finally
ended with no meaningful change to its Landmine Protocol. In
the view of many, the CCW review process had not only not
succeeded in banning landmines, but it actually weakened the
Convention overall.
While this review failed to gain traction, other parts of the
United Nations were active on the ban issue. Steps included the
United Nations Children’s Fund’s Director Jim Grant calling for
a landmine ban in April 1994 as did United Nations Secretary-
General Boutros Boutros-Gali one month later. In December
1996, a total of 155 countries supported a United Nations
General Assembly resolution curiously proposed by the United
States supporting the negotiation of a treaty banning landmines
as soon as possible. Of course, the United States ultimately
withdrew from the treaty negotiations in 1997 in Oslo and has
never joined the treaty.
As the CCW process faltered in May 1996, a new and
surprising ban champion emerged. Departing from the United
States position on landmines, Canada called immediately for
a conference of self-declared pro-ban States later in the year.
ICBL and ICRC were also invited as full participants. The goal
of the conference, which took place in Ottawa in October, was
to chart a concrete path to a ban treaty.
As that conference concluded, Canada came up with
another surprise when its then-Foreign Minister Lloyd
Axworthy, at the closing session challenged the countries
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present to stop just talking about being pro-ban but to act the
part and negotiate a treaty banning landmines within a year’s
time and return to Ottawa to sign it. He stated that Canada
would be willing to sign a treaty even if there was only one
other country signing it.
The emotions in that room were chaotic. Those of us who
truly wanted a mine ban treaty were exuberant. Those who
did not, however, were deeply disturbed. Even some pro-ban
countries felt shut-out by Axworthy’s surprise challenge that
sparked the stand-alone process with negotiating sessions held
in Vienna, Bonn, Brussels and the final, successful session in
Norway in September which ended with a complete, simple and
elegant treaty banning the use, production, trade and stockpiling
of anti-personnel landmines.
The 80-plus countries that had negotiated the treaty in
Oslo and more came to Ottawa on 3 and 4 December to sign
the Anti-Personnel Mine Ban Convention, also known as the
Ottawa Convention. In two days of public events, celebration
and signing, 122 nations added their names to the Convention.
“Big Powers” did not join—the United States, the Russian
Federation, China, India, Pakistan and others—but the majority
of mine-affected countries in the world did. It was a triumph.
Less than one week later, ICBL and I jointly received the
1997 Nobel Peace Prize. In its announcement of the Peace Prize
in October that year, the Nobel Committee not only recognized
the banning and demining of landmines, but also underscored
the importance of ICBL and the ban movement: “As a model
for similar processes in the future, it could prove of decisive
importance to the international effort for disarmament and
peace.”
These words have become prescient and our success was
not a fluke. It was not the result of some special, innate capacity
that we alone had access to. Since the Anti-Personnel Mine Ban
Convention, campaigns making up the emergent “humanitarian
disarmament” community have achieved three major new
viii
treaties: the Convention on Cluster Munitions of 2008, the
Arms Trade Treaty of 2013 and the Treaty on the Prohibition
of Nuclear Weapons of 2017. The International Campaign to
Abolish Nuclear Weapons was awarded the Nobel Peace Prize
in 2017 for that work.
The model has also shaped the ongoing work of the
Campaign to Stop Killer Robots—an effort to pre-emptively
ban autonomous weapons systems that on their own could
select and attack human beings—since even before its launch
in April 2013. Machines have historically been created to be of
service to people. Machines are not moral beings. Humans—as
supposedly moral beings—should not delegate target-and-kill
decisions to machines.
This movement against indiscriminate weapons, growing
from the unprecedented success of ICBL and the mine ban
movement, has also shown that it can have a normative
impact beyond the supportive States. The landmine ban treaty
has demonstrably changed the behaviour of major military
powers that are not party to the treaty. They have adopted
export moratoriums, destroyed stockpiles, avoided using anti-
personnel mines in conflict and committed significant resources
to mine action. Many non-State armed groups have also signed
commitments to abide by its norms. The movement also clearly
demonstrated that civil society has a serious role to play in
security issues, including how security and disarmament are
defined.
But all of us knew that the beautiful words on paper
that made up the obligations of the Anti-Personnel Mine
Ban Convention would remain just that without ongoing
pressure on States to ratify it, universalize it and see to its full
implementation and compliance with its terms. ICBL became
the first civil society group to de facto monitor a treaty through
its annual “Landmine Monitor Report”, the first of which was
issued in 1999. The Monitor became known as the “bible”
ix
of reporting on progress—or lack thereof—in achieving the
obligations and goals of the Convention.
In the 20 years since the Convention took effect on
1 March 1999, 30 countries have acceded to it, resulting in
the current total of 164 States parties. According to Landmine
Monitor, a total of 92 States parties have destroyed a collective
total of more than 55 million stockpiled anti-personnel mines.
Nearly all of the 33 States not party to the Convention still
stockpile mines, albeit in reduced quantities. Yet, very few
non-signatories dare to use these widely stigmatized weapons.
Only two outlier States have used anti-personnel mines in
recent years, although non-State armed groups have used
improvised mines, also known as improvised explosive devices.
Such devices that are victim-activated are prohibited by the
Convention.
Not only was the Anti-Personnel Mine Ban Convention
negotiated in a diplomatic whirlwind, but it also became
the disarmament treaty that most rapidly entered into force
in history. The chapters of this paper will describe the
achievements and shortfalls of the first twenty years of the
Convention.
x
Acknowledgements
Authors
Jody Williams
Jody Williams is the Chair of Nobel Women’s Initiative, an organization
that uses the prestige of the Nobel Peace Prize and the influence and
access of six women Nobel Laureates to support and amplify the efforts
of women around the world working for sustainable peace with justice
and equality. She is also an Ambassador for the International Campaign
to Ban Landmines. She received the Nobel Peace Prize in 1997 for her
work to ban landmines as the founding coordinator of the ICBL.
John English
A Distinguished Professor Emeritus at the University of Waterloo, John
English has been a Liberal Member of Parliament, a Special Ambassador
for Landmines and a Special Envoy for the election of Canada to the
United Nations Security Council, and a Board member of the Canadian
Landmine Foundation. He is currently the Director of the Bill Graham
Centre for Contemporary International History at Trinity College.
amEliE ChayEr
Amelie Chayer is a former Policy Manager and Acting Director at the
International Campaign to Ban Landmines, a global coalition of non-
governmental organizations working to end the suffering caused by
anti-personnel mines and also a laureate of the 1997 Nobel Peace Prize.
mary WarEham
Mary Wareham is advocacy director of the arms division of Human
Rights Watch and global coordinator of the Campaign to Stop Killer
Robots, a coalition of non-governmental organizations working to
retain meaningful human control over the use of force by banning lethal
autonomous weapons systems. After helping the Internation Campaign
to Ban Landmines to create the Anti-Personnel Mine Ban Convention,
she served as global coordinator of the Campaign’s Landmine Monitor
research initiative while serving as senior arms advocate for Human
Rights Watch from 1998 to 2006. She was centrally involved in the
negotiation of the 2008 Convention on Cluster Munitions and has edited
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Landmine Monitor’s sister publication Cluster Munition Monitor since
its inception.
Lucy Pinches
Lucy Pinches is Project Manager of Mine Action Review, published by
Norwegian People’s Aid, and also serves as a Senior Researcher on the
project. Prior to joining Norwegian People’s Aid in 2015, she worked
for the International Campaign to Ban Landmines-Cluster Munition
Coalition. She previously worked in India and Nepal on international
development issues and before that was a manager in the private sector.
Stuart Casey-Maslen
Stuart Casey-Maslen is Honorary Professor at the University of Pretoria,
specializing in the use of force under international law. He represented
the International Committee of the Red Cross at the 1997 diplomatic
conference that adopted the Anti-Personnel Mine Ban Convention and
has written a legal commentary on the provisions, published by Oxford
University Press in 2003. He edits the Mine Action Review, published
by Norwegian People’s Aid. His co-authored work on international
disarmament law was published by Routledge in June 2019.
Ingrid Schøyen
Ingrid Schøyen is a senior adviser in the Norwegian Foreign Ministry.
Her portfolio covers humanitarian disarmament, protection issues
and global mine action, including policy implementation of the
Anti-Personnel Mine Ban Convention and the Convention on Cluster
Munitions. She is responsible for Norway´s financial support for global
mine action and donor relations with affected countries and humanitarian
demining organizations.
Firoz Alizada
Firoz Alizada has worked in the field of victim assistance, disability
rights and humanitarian disarmament for over 15 years with non-
governmental organizations, the International Committee of the Red
Cross, the United Nations and the International Campaign to Ban
Landamines. He is currently working for the Anti-Personnel Mine Ban
Convention’s Implementation Support Unit in Geneva, supporting
affected States in implementing the victim assistance provisions of the
Convention.
xii
Ken Rutherford
Ken Rutherford is currently a Political Science Professor at James
Madison University, where he also serves as Director of the Center of
International Stabilization and Recovery. He co-founded the Landmine
Survivors Network, which pioneered techniques in war victim assistance
while also advocating for global prohibitions on anti-personnel mines
and conventional weapons.
Hugues Laurenge
Hugues Laurenge started in 1999 as a mine risk education volunteer in
eight affected countries and a global mine risk education coordinator
for Handicap International until 2002. He then joined various United
Nations offices to support the establishment of new national mine action
programmes in Burundi, Chad, Nepal and the Niger and to reinforce
existing programmes in the Russian Federation and Tajikistan. Between
2012 and 2015, he worked for the United Natons Children’s Fund as a
mine action resource person for country offices and global programmes.
Since 2015, he has been based in the headquarters of the United Natons
Children’s Fund in New York as a Child Protection and Mine Action/
Explosive Weapons Specialist, particularly to reinforce advocacy, injury
surveillance, explosive ordnance risk education, integrated mine action
and standards. He is currently the moderator of the International Mine
Risk Education Working Group formed in 2000, and he co-chairs the
global Explosive Ordnance Risk Education Advisory Group established
in May 2019.
xiii
Photographers
gWEnn dubourthoumiEu
Gwenn Dubourthoumieu is a freelance photographer who has
received numerous awards for his work. He covered news as a photo
correspondent for Agence France-Presse (AFP), and his work on the
social impact of copper exploitation in the Democratic Republic of the
Congo is part of the permanent collection of the United States Library of
Congress.
marCo grob
Marco Grob is an Emmy-winning photographer and director who has
worked with numerous celebrities and heads of State. In 2011, he was
commissioned by TIME to create a series of portraits centred around
the events of 11 September 2001: titled “BEYOND 9/11: Portraits
of Resilience”. This award-winning body of work is now part of the
permanent collections of the Smithsonian Institution and the National
9/11 Memorial and Museum. Since 2010, he has been working for the
United Nations Mine Action Service to report and educate on the global
tragedy caused by landmines.
martinE PErEt
Martine Peret is a photographer with multiple awards and over a decade
of experience working for United Nations missions in conflict zones
such as Burundi, the Democratic Republic of the Congo, South Sudan,
Timor-Leste and West Africa.
luKE PoWEll
Luke Powell is a photographer known for his images from Afghanistan,
which have been widely exhibited in cities such as Frankfurt, Moscow
and Toronto. He photographed the country extensively throughout the
xiv
1970s as a tourist, and from 2000 to 2003, he photographed Afghanistan
for the United Nations Mine Action Service and other United Nations
agencies.
John Rodsted
John Rodsted is an official photographer of the International Campaign
to Ban Landmines with over 40 years of experience in the photographic
industry. He has documented the legacies of war in countries around the
world, including as team leader, co-researcher and photographer for the
2012 research project, “In Search of SafeGround”, focusing on north-
east Cambodia. Photographs from this project were exhibited at the third
Meeting of States Parties to the Convention on Cluster Munitions in
Oslo in 2012. His work has been widely exhibited globally in some of
the world’s most prestigious venues, including the Sydney Opera House,
the Royal Geographical Society and the United Nations,
Evan Schneider
Evan Schneider is a Staff Photographer at the United Nations, providing
photographic coverage of the work of the United Nations both at
headquarters and in the field locations around the world. He has received
multiple awards and his images have been widely exhibited.
xv
In his first State visit to Canada to address the opening ceremony for the signing of the
Anti-Personnel Mine Ban Convention, Secretary-General Kofi Annan (third from left)
receives from Canadian Prime Minister Jean Chrétien the instruments of ratification to
the Convention. To the left of the Secretary-General is Canadian Foreign Minister Lloyd
Axworthy. UN Photo/Evan Schneider
The history of the Anti-Personnel Mine
Ban Convention1
John English2
Canadian Landmine Foundation
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Ottawa calling
The structure of the October 1996 Ottawa conference
reflected, on the one hand, the importance of global networks
and, on the other, the willingness of some NGOs and
Governments to work together for common international
purpose. Such cooperation was hardly new: the anti-slavery
movement of the nineteenth century and the peace movement
of the early twentieth century had built on such collaboration.
Nevertheless, the hybrid of the 1990s was different in its global
character, secular emphasis, technological spirit and fluidity
of structures. By 1996, funding for the NGO campaign came
directly from some Governments, including the United States
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The history of the Anti-Personnel Mine Ban Convention
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The history of the Anti-Personnel Mine Ban Convention
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Princess Diana meets a victim of landmines in Angola in July 1997. © Alamy Stock
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The history of the Anti-Personnel Mine Ban Convention
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Cambodian mine ban activists at the treaty negotiations in Oslo, Norway,
in September 1997. © John Rodsted
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High-level representation
A number of famous figures have over time expressed
their support for the landmine issue, such as singers Paul
McCartney29 and Juanes,30 actors Daniel Craig31 and Angelina
Jolie,32 football player Neymar Jr,33 Prince Harry of the United
Kingdom,34 and Archbishop Desmond Tutu,35 among others.
More formally, the Convention currently has two high-level
Special Envoys, Prince Mired Raad Zeid Al-Hussein of Jordan
and Princess Astrid of Belgium. In addition to participating in
Meetings of States Parties and other international events related
to the Convention, they carry out meetings with representatives
of States not party in order to encourage adhesion.36 Far from
being merely symbolic, these missions arranged with assistance
from the Implementation Support Unit of the Convention
provide an opportunity to reach out at the highest level of
decision-making in target countries.
It would also be impossible to overlook the enduring
legacy of the 1997 visits of Princess Diana of Wales to
landmine-affected communities in Angola and in Bosnia and
Herzegovina, which “helped bring home to many, the terribly
high human costs of landmines” and confirmed her status as
“one of the most visible anti-landmines advocates”.37 More than
20 years on, her contribution to the anti-landmine movement
can still be felt.
Démarches in capitals
Diplomatic démarches in the capitals of States not party
are an essential component of universalization efforts, where
22
Universalizing the Convention: Practical means
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Universalizing the Convention: Practical means
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Universalizing the Convention: Practical means
Joint adhesion
There are not many examples of States joining the
Convention simultaneously as a confidence-building measure,
but a notable one is from Greece and Turkey. In April 2001,
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Interim steps
Short of joining the Convention, States can still take
interim steps such as destroying stockpiles, enacting a
moratorium on exports of anti-personnel mines, undertaking
minefield clearance or disclosing information on how many
mines they possess. While such measures are not as significant
as adhering to the Convention, they may show a State’s support
for the eventual global elimination of anti-personnel mines and
help to grow the stigma against the weapon. Recent examples
of noteworthy interim steps include a de facto halt on the
production of anti-personnel mines in Singapore62—one of the
last producing countries—and an announcement by the United
States that it was renouncing the use of anti-personnel mines
worldwide except in the Korean Peninsula.63 Submitting full or
partial voluntary transparency reports64 to the United Nations
Secretary-General, through the United Nations Office for
Disarmament Affairs, has been a popular interim step; States not
party Azerbaijan, Lao People’s Democratic Republic, Mongolia,
and Morocco have submitted transparency reports in recent
years, while the State of Palestine and Sri Lanka both submitted
such reports before joining the Convention.
28
Universalizing the Convention: Practical means
Conclusion
The Convention successfully stigmatized the use of anti-
personnel mines and the vast majority of States that have not yet
adhered to the instrument abide de facto by its core prohibitions:
they do not use, produce or sell the weapon. The practical means
towards universalization of the Convention reviewed above
cannot work in isolation—an array of them must be deployed
by various actors in order to bring additional States on board.
Other means used in the early years of the Convention, such as
military-to-military dialogue, could also be revived as they held
great potential. ICBL believes that all States can, and ultimately
will, join the Convention.
29
Unexploded ordnance at the 2015 Bangkok Symposium. © AP Mine Ban Convention ISU
Landmine stockpiles and their
destruction
Mary Wareham
Human Rights Watch
Summary
Most anti-personnel landmines possessed by States that joined
the Anti-Personnel Mine Ban Convention were swiftly destroyed
before it entered into force on 1 March 1999. In the 20 years
since, there has been steady progress in destroying remaining
stocks, resulting in the destruction of more than 55 million anti-
personnel landmines by 92 States parties. The vast majority of
those stockpiled anti-personnel mines were destroyed within the
treaty’s four-year deadline. This was facilitated by the treaty’s
unique cooperative compliance provisions and mechanisms, as
well as by its community of supporters. However, the impressive
compliance record by most States parties was unfortunately not
met by all as a handful missed deadlines, some significantly, in
completing their stockpile destruction obligations. Two States
remain in serious violation of the treaty’s stockpile destruction
obligation.69
Introduction
The Convention comprises an unprecedented combination
of disarmament provisions and humanitarian goals. The
comprehensive prohibitions on anti-personnel landmines
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Landmine stockpiles
In their seminal 1993 report Landmines: A Deadly Legacy,
ICBL co-founders Human Rights Watch and Physicians
for Human Rights described landmines as “weapons of
mass destruction in slow motion” due to their widespread
proliferation, longevity and the devastating harm caused by
32
Landmine stockpiles and their destruction
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Case studies
Chile
Chile, a State party to the Convention, completed the
destruction of its stockpile of 299,219 mines in August 2003,
well in advance of the deadline of 1 March 2006. The process
was notable for its transparency and high-level support.
Its army and navy destroyed the stocks by open detonation
with assistance provided by the Organization of American
States. Then-Minister of Defense Michelle Bachelet attended
and spoke at several events held to mark the progressive
destruction of the stocks. ICBL, Landmine Monitor and the
media were also invited to witness the stockpile destruction at
these events. In 2003, Chile announced that it would reduce,
from 28,647 mines, the number of anti-personnel mines that it
initially reported would be retained for training and research.
It now retains just over 2,000 mines.
Japan
Japan, also a State party, completed the destruction of its
stockpile of one million anti-personnel mines within weeks of
the Convention’s 1 March 2003 deadline. It contracted three
private companies to destroy the mines at a cost of ¥2.068
billion (US$ 17.8 million). The process was notable for its
high-level political support and engagement by communities
living near the destruction facilities. Japan’s Prime Minister
addressed 300 children from around the country at a youth
summit on solutions to the landmine crisis that followed an
official ceremony organized by the mayor of Shin-Asahi to
mark the completion of the destruction process. Landmine
Monitor visited the stockpile destruction facility in 2000,
when Association for Aid and Relief Japan and the town
organized a 70-kilometer charity run with landmine survivor
and former deminer Chris Moon to raise awareness and
support for the Convention.
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Landmine stockpiles and their destruction
Stockpile destruction
By the time the Convention entered into force, more than
12 million stockpiled anti-personnel mines had already been
destroyed by States committed to relinquishing the weapons.
Canada, Norway and 10 other signatories and States parties
had completed the destruction of their anti-personnel mine
stocks, while 18 more were in the process of doing so, including
France, Italy, Netherlands and the United Kingdom.75
By the Convention’s first Review Conference in 2004, 65
States parties had completed the destruction of their stockpiles,
collectively destroying more than 37.3 million anti-personnel
mines.76 No State party facing the first stockpile destruction
deadline of 1 March 2003 failed to meet it. Italy destroyed
the most mines (7.1 million), followed by Turkmenistan
(6.6 million), while Albania, France, Germany, Japan, Romania,
Sweden, Switzerland and the United Kingdom each destroyed
more than 1 million anti-personnel mines.
By the time of the Convention’s second Review
Conference in 2009, 86 States parties had completed the
destruction of their stockpiles, eliminating a collective total of
44 million anti-personnel mines.77 However, a handful of States
completed destruction of their stockpiles days or months after
their respective deadlines had passed.
According to Landmine Monitor’s count, a total of 92
States parties had destroyed a collective total of more than
55 million stockpiled anti-personnel mines as at 2019, the year
of the Convention’s fourth Review Conference.
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Landmine stockpiles and their destruction
Cooperative compliance
Each State party facing the Convention’s stockpile
destruction deadline has met that obligation, with a handful
of exceptions, some serious. This section looks at how the
Convention’s innovative cooperative compliance provisions and
mechanisms helped contribute to this largely positive outcome.80
During the whirlwind Ottawa Process that created
the Convention, States prioritized securing an unequivocal
prohibition of anti-personnel mines over creating complex
verification provisions. According to one diplomat, “the
thinking at the time by the majority of negotiating States was
that it should be politically so costly to breach the obligations of
the Convention that it would deter anyone from doing it”.81
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Landmine stockpiles and their destruction
Lessons learned
Below are seven lessons that can be drawn from stockpile
destruction under the Anti-Personnel Mine Ban Convention.
First, establish a clear deadline and robust transparency
mechanisms. Without the four-year stockpile destruction
deadline, it is highly unlikely that the Convention’s impressive
compliance rate could have been achieved. ICBL fostered
positive competition, challenging States parties to declare
and destroy their stockpiled mines in advance of the four-year
deadline, setting certain events and earlier dates as completion
targets.86
Second, ride the political momentum generated from
the Convention negotiation process. ICBL encouraged swift
destruction of stockpiled mines as an optimal and highly visible
way for States to demonstrate their strong commitment towards
implementation. Heads of States and senior ministers attended
completion events covered by media with campaigners and
survivors present.87
Third, ensure that States parties requiring implementation
support receive the financial and technical aid they seek. Most
national militaries disposed of their own landmine stocks,
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Landmine stockpiles and their destruction
Conclusion
Over the past 20 years, the United States and other non-
signatories have declined calls to join the Anti-Personnel Mine
Ban Convention yet tacitly supported it from the sidelines. Their
arguments against joining have diminished and now boil down
to a general scepticism over the utility of multilateral treaties, as
well as objections with the unconventional and unprecedented
way in which the Convention was negotiated outside of United
Nations auspices (but with firm United Nations support).
Yet the Convention is thriving and provides a prime
example of a multilateral instrument that is working to reduce
and prevent human suffering. This is seen vividly in the way
in which States parties have swiftly destroyed their stockpiled
mines.
Those facing such challenges in completing their stockpile
destruction obligation have not been met with condemnation but
rather with the cooperative compliance approach. The method
seems to be working as 20 years on, no State party has triggered
the Convention’s Article 8 provisions, yet.
41
A female deminer in Juba, South Sudan. UNMAS/Marco Grob
Clearance under the Anti-Personnel
Mine Ban Convention
Lucy Pinches
Norwegian People’s Aid
Stuart Casey-Maslen
University of Pretoria
Introduction
In early 1997, Diana, Princess of Wales, walked in an active
minefield in Huambo, Angola, spurring international action
to ban anti-personnel mines. Sadly, she did not live to see the
adoption of the 1997 Anti-Personnel Mine Ban Convention. But
22 years later, in September 2019, her son, the Duke of Sussex,
visited that former minefield, which has become a “bustling
community”.88 Such is the transformative power of mine
clearance.
At the outset of negotiations that led to the Convention,89
it was, however, far from certain that a duty to clear emplaced
anti-personnel mines within a set period of time would be part
of the Convention’s substantive obligations. The draft text put
forward by civil society did not contain any deadline (although
the importance of clearance was certainly underscored in
the body text)—nor did the first draft text of the Belgian
Government. In contrast, the Austrian Government’s draft texts
did incorporate deadlines—five years at first and, subsequently,
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Clearance under the Anti-Personnel Mine Ban Convention
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Lessons learned
While the concept of land release (i.e., the process of
applying all reasonable effort to identify, define, and remove
all presence and suspicion of mines through non-technical
survey, technical survey and/or clearance) did not exist when
the Convention was drafted and entered into force, it has
rightly become the backbone—and mainstream—of demining
methodology in the intervening years. At the heart of efficient
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47
Training of a deminer in the Democratic Republic of the Congo in March 2011.
UNMAS/Gwenn Dubourthoumieu
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Challenges of implementation
Until recently, the greatest challenges to successful
implementation of Article 5 have not been new contamination
but slow progress in ridding affected States of long-standing
“legacy” contamination. There are various reasons impeding
progress. Although funding shortages are certainly a factor in
some cases, they are not the primary obstacle; donor nations
have been remarkably generous to mine action over the past
20 years, contributing upwards of US$ 10 billion, first and
foremost to demining operations. The authors believe that
political will is typically the deciding factor, as borne out by
States parties who have demonstrated commitment to meeting
their obligation to conduct and complete clearance as soon
as possible. Their successes offer an example to other States
parties that have requested extensions—although some could
conceivably have completed clearance years ago. Some States
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Going forward
Overall, the Convention is in good health. While some
major military powers remain outside its purview, use of this
inhumane weapon is largely restricted to groups that employ
terror as a method of warfare. In less than 25 years, a once
indispensable and ubiquitous weapon of war has rightly come
to be perceived as a cold-blooded killer of civilians. This is a
testament to the Convention.
Globally, more than 96 per cent of the total recorded
clearance of more than 155 square kilometres in 2018 occurred
in States that are party to the Convention. This shows the
importance of the Convention as a motivation for action. But,
at the same time, several affected States parties seemingly
released no mined area through survey or clearance in 2018.
For two of those States, there are issues relating to access to
mined areas that they claim to be under their jurisdiction but
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Clearance under the Anti-Personnel Mine Ban Convention
that are not under their control. Two States from the Lake Chad
Basin are seemingly contaminated by anti-personnel mines of
an improvised nature resulting from ongoing conflict, and they
need to report mined areas and efforts to address them under
Article 7, as well as request a new Article 5 deadline. Three
others have not been able to provide justification for their lack
of land release.115
More positively, over the coming 18 months, both Chile
and the Democratic Republic of the Congo are expected to
complete mine clearance in their respective territories. Chile has
an Article 5 deadline of 1 February 2020 while the Democratic
Republic of the Congo is obligated to complete clearance by
1 January 2021. In addition, Sri Lanka may complete mine
clearance in the course of 2021 (well in advance of its Article 5
deadline), which would make it one of the most heavily affected
States yet to do so.
However, it is not only about States parties completing
their Article 5 obligations, but also about how they get to
completion. Ensuring high-quality survey and clearance
operations, supported by solid information management and
quality management systems, helps avoid issues further down
the line. The mine action community is also rightly seeking
to strengthen performance in areas that were not adequately
covered in the initial Convention text 20 years ago. Two
such examples are the need for affected States parties to
prepare sustainable national capacity to tackle residual risk
after completion of Article 5 obligations, and the importance
of ensuring gender- and diversity-sensitive mine action
programming. In most States parties, significant work is still
needed to integrate gender and diversity considerations in mine
action, including by removing barriers to the full, equal and
meaningful participation of women.
The third Review Conference of the Convention in Maputo
set the aspiration of completing by 2025 the clearance of all
mined areas, in affected States parties, containing anti-personnel
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54
A 10-year-old boy from Dar Al Salam, North Darfur, Sudan, who suffered burns to more
than 90 per cent of his body due to the detonation of a device in November 2006.
UN Photo/Albert González Farran
International cooperation and
assistance: A Norwegian perspective
Ingrid Schøyen
Ministry of Foreign Affairs of Norway
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International cooperation and assistance: A Norwegian perspective
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A carpet weaver in Afghanistan with a tapestry featuring the logo used for the
Convention’s meetings and conferences, 2006. ©AP Mine Ban Convention ISU
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International cooperation and assistance: A Norwegian perspective
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International cooperation and assistance: A Norwegian perspective
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International cooperation and assistance: A Norwegian perspective
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68
A landmine victim in the Democratic Republic of the Congo who lost
her leg near a river in 1997. UNMAS/Gwenn Dubourthoumieu
Victim assistance: There is a face and
name behind each casualty
Firoz Alizada
Anti-Personnel Mine Ban Convention Implementation
Support Unit
Ken Rutherford
James Madison University
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Victim assistance: There is a face and name behind each casualty
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Victim assistance: There is a face and name behind each casualty
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76
Victim assistance: There is a face and name behind each casualty
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78
Prosthetics at a rehabilitation centre in Colombia, 2013. © AP Mine Ban Convention ISU
UNODA Occasional Papers, No. 34
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Victim assistance: There is a face and name behind each casualty
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82
A landmine survivor at the Mindol Metta
Karuna Reflection Centre in Cambodia,
2011. © AP Mine Ban Convention ISU
Emergency medical training in the Democratic Republic of the Congo
in March 2011. UNMAS/Gwenn Dubourthoumieu
Mine risk education at Leich Primary School, Bentiu Protection of Civilian site,
South Sudan, 2017. UNMAS/Martine Peret
Mine risk education: From infancy to
maturity?
Hugues Laurenge
United Nations Children’s Fund (UNICEF)
Introduction
This chapter explores the birth and evolution of mine risk
education as a new discipline, how it is captured in the Anti-
Personnel Mine Ban Convention and how it evolved and
matured over the past 20 years.
The chapter discussion starts with a careful reading of the
mine risk education component in the Convention and analyses
how the text of the Convention—to this date—oriented, or
misoriented, the sector on understanding mine risk education,
including its role and mission.
A recounting of the mine awareness “boom” typical
of the early years (1997–2002) and the way the sector was
muddling through is then presented, followed by how the quest
for rationalization shaped mine risk education policy in the
following decade.
Difficulties in applying rational decision-making in mine
risk education, the relationship with evidence and the rise in the
use of public health approaches through an increasing interplay
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Mine risk education: From infancy to maturity?
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Mine risk education: From infancy to maturity?
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Mine risk education: From infancy to maturity?
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Mine risk education: From infancy to maturity?
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Mine risk education: From infancy to maturity?
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Mine risk education: From infancy to maturity?
Later developments
From 2012 to 2019, the mine risk education sector
continued to gain maturity despite chronic underfunding. Mine
risk education was no longer considered an optional pillar,
and it became increasingly integrated with other mine action
activities.166 Organizations that once were not engaged or did
not prioritize such education became proponents.167 Mine risk
education was increasingly seen as an entry point able to open
the humanitarian space for mine action in countries affected by
ongoing conflict and it was thus often seen as the only mine/
ERW prevention measure that was implementable. The global
platform of the mine risk education community of practice,168
almost dormant after 2005, experienced a revival in the past
several years. The year 2019 was a watershed, particularly with
the impetus of Norway, as mine risk education was prioritized
at the global level to a point not seen in 20 years, including
through the establishment of the Explosive Ordnance Risk
Education Advisory Group169 in May 2019. This Advisory
Group, a new coalition of at least 16 organizations, will raise the
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Conclusion
Mine risk education entered into the Convention through
a narrow door, with a mandate paradoxically over-magnified:
the pressing need to save lives and limbs. Reducing incidence
was seen as the specific task and product of such education.
In a mine action context, it is not. All combined mine action
interventions should lead to the reduction of incidence. From an
epidemiology viewpoint, mine action is a set of public health
interventions designed to contain, curb or halt the epidemic of
mines/ERW explosions.
Over the past 20 years, the original 1997 misrepresentation
of mine risk education exacerbated a number of existential
crises and misunderstandings. To name a few: is mine risk
education an intervention that has value, considering it is unable
to prove that lives are saved? Is mine risk education the sole
pillar accountable for addressing casualty rates? Can mine risk
education possibly lead to the reduction of incidence? Despite
doubts, lack of funding and years of knowledge exchange
inertia, mine risk education grew up through a long incremental
rationalization process that is well advanced in 2019, although
not yet accomplished, as theories of change and norms for
metrics and risk education for improvised explosive devices
remain to be fully articulated.
However, the discipline has matured sufficiently to
“change the rules of the game”, redefining its role and, by
extension, some functions of other pillars. With the global rise
of casualties, all eyes turn to the mine risk education community.
This is, in one way, positive for elevating a pillar often set aside
by decision makers since 1997 and it is meaningful in contexts
where mine risk education is the sole pillar activated. In another
way, however, there remains a need to correct this perspective,
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Mine risk education: From infancy to maturity?
99
A landmine. Afghanistan was covered with metal scraps and live munitions from
20 years of fighting, 2001. UN Photo/Luke Powell
The Anti-Personnel Mine Ban
Convention: The importance of
transparency and exchange of
information and opportunities under
the Convention
Juan Carlos Ruan
Anti-Personnel Mine Ban Convention Implementation
Support Unit
Introduction
The Anti-Personnel Mine Ban Convention has been hailed
as one of the most successful humanitarian disarmament
conventions. Apart from the personal efforts of a number of
people representing Governments, international organizations
and non‑governmental organizations that have, both figuratively
and literally, given their blood, sweat and tears for the
Convention’s implementation, its success can be attributed to
its established culture, which is underpinned by unprecedented
transparency and exchange of information. The drafters of
the Convention and those tasked with its implementation
over the past 20 years should be credited with establishing an
implementation structure that has nurtured these principles and
ensured a spirit of community in achieving the determination
of the States parties in “putting an end to the suffering and
casualties caused by anti-personnel mines”.
The author was not lucky enough to have been party to the
negotiations of the treaty. Nonetheless, those involved have time
and time again shared stories of how the energy surrounding
the negotiations hinted that what was unfolding was very
different than anything ever before seen in treaty negotiations.
The result was unprecedented: a Convention prohibiting the
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The importance of transparency and exchange
of information and opportunities under the Convention
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destruction (100 per cent) and victim assistance (76 per cent),
have remained relatively high. However, the overall reporting
rate by States parties (47 per cent) and the reporting rate of
States parties implementing other obligations, such as those that
have not reported on national implementation measures (19 per
cent), remain low.170 Continuing to ensure progress in raising
the level of reporting among States parties remains an important
goal. However, emphasis has not only been placed on the rate of
reporting but also on the quality of reporting, both through the
development of templates and, most recently, the development
of a Guide to Reporting. States parties have been encouraged
to employ this Guide in drafting their Article 7 reports to help
ensure a high level of clarity on the status of implementation
of the Convention’s provisions, including cooperation and
assistance efforts.
In the 2014 Maputo Action Plan, the States parties
emphasized that “transparency and the open exchange of
information, through both formal mechanisms under the
Convention and other informal means, are essential to achieving
the Convention’s aims. The States parties also recognize that
dialogue informed by accurate and high-quality information
can support cooperation and assistance and accelerate the
Convention’s implementation”. Therefore, in addition to the
formal meetings mandated to review the operation and status of
this Convention, the States parties have established an informal
work programme with intersessional meetings, providing a
window to informally discuss progress in implementation and
important matters affecting implementation. These formal and
informal gatherings have supported continuous momentum in
implementation, with States parties and stakeholders taking
advantage of these opportunities to exchange information
and share ideas on how to strengthen or improve on joint
implementation efforts.
The wealth of information that flows from States parties
concerning their implementation efforts complements formal
reporting requirements under Article 7, often providing
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The importance of transparency and exchange
of information and opportunities under the Convention
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The importance of transparency and exchange
of information and opportunities under the Convention
Conclusions
It is difficult to overestimate the importance of
transparency and the exchange of information in fostering
cooperation and assistance, strengthening confidence
between States and ultimately contributing to the effective
implementation of the Convention. While it is not always easy
to attribute success to these two critical elements, without them
in place, conversations on cooperation and assistance and the
building of confidence are simply non-starters.
The opportunities mentioned in this article are not
exhaustive.
Several other opportunities that demonstrate the important
role of transparency and exchange of information exist. These
include, for example, the important process established by the
States parties for the submission and consideration of requests
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The importance of transparency and exchange
of information and opportunities under the Convention
109
Croatian deminers, 2017. © AP Mine Ban Convention ISU
Afterword
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UNODA Occasional Papers, No. 34
Takuma Haga
Associate Political Affairs Officer
Publication Research Lead
Diane Barnes
Political Affairs Officer
Editor-in-Chief of Publications
112
Notes
1. This is an edited version of a chapter originally published as “The
Ottawa Convention on Anti-Personnel Landmines”, in Andrew F. Cooper,
Jorge Heine and Ramesh Thakur, eds. The Oxford handbook of Modern
Diplomacy (Oxford, Oxford University Press, 2013), pp. 797-809,
reproduced by permission of Oxford University Press.
2. A Distinguished Professor Emeritus at the University of Waterloo,
John English has been a Liberal Member of Parliament, a Special
Ambassador for Landmines and a Special Envoy for the election of
Canada to the United Nations Security Council, and a Board member of
the Canadian Landmine Foundation. He is currently the Director of the Bill
Graham Centre for Contemporary International History at Trinity College.
3. This was the Oslo Diplomatic Conference on an International Total
Ban on Anti-Personnel Landmines, which took place in Oslo during
1-18 September 1997. See https://treaties.un.org/Pages/ViewDetails.
aspx?src=IND&mtdsg_no=XXVI-5&chapter=26&clang=_en.
4. The best source for the ratification process is the website of the
International Campaign to Ban Landmines. The site also provides a short
history of the landmine campaign and traces the success of mine eradication
efforts. The major history of the landmine ban was compiled shortly after
the treaty was signed in Ottawa: Maxwell A. Cameron, Robert J. Lawson
and Brian W. Tomlin, eds. To Walk Without Fear: The Global Movement to
Ban Landmines (Toronto, Oxford University Press, 1998).
5. Several of the leading activists make these arguments in Jody Williams,
Stephen D. Goose and Mary Wareham, Banning Landmines: Disarmament,
Citizen Diplomacy, and Human Security (Lanham, Maryland, Rowan &
Littlefield Publishers, 2008). They are accepted by Lloyd Axworthy, foreign
minister of Canada between 1996 and 2000, in his Navigating a New World:
Canada’s Global Future (Toronto, Knopf Canada, 2004).
6. International Committee of the Red Cross, Symposium on Anti-
Personnel Mines, Montreaux, 21-23 April 1993.
7. This argument was later developed as a major explanation for the
successful achievement of the mine ban by Ramesh Thakur and William
Maley, “The Ottawa Convention on Landmines: A Landmark Humanitarian
Treaty in Arms Control?”, Global Governance, vol. 5, no. 3 (July-September
1999), pp. 273-302.
8. Leahy describes his personal efforts at a Senate hearing whose
testimony was published: “The Global Landmine Crisis”, Subcommittee
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114
Notes
115
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116
Notes
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118
Notes
74. States not party that have stockpiled anti-personnel mines: Armenia,
Azerbaijan, Bahrain, China, Cuba, Democratic People’s Republic of Korea,
Egypt, Georgia, India, Iran (Islamic Republic of), Israel, Kazakhstan,
Kyrgyzstan, Lao PDR, Lebanon, Libya, Mongolia, Morocco, Myanmar,
Nepal, Pakistan, Republic of Korea, Russian Federation, Saudi Arabia,
Singapore, Syrian Arab Republic, United Arab Emirates, United States,
Uzbekistan and Viet Nam.
75. Austria, Belgium, Canada, El Salvador, Germany, Guatemala,
Luxembourg, Namibia, Norway, Philippines, South Africa and Switzerland.
See Landmine Monitor Report 1999.
76. See Landmine Monitor Report 2004.
77. See Landmine Monitor Report 2009.
78. See Landmine Monitor 2018, p. 4.
79. See Landmine Monitor 2018, p. 19.
80. See also: Stephen D. Goose, “Goodwill Yields Good Results:
Cooperative Compliance and the Mine Ban Treaty”, in Goose, Jody
Williams and Mary Wareham (eds.), Banning Landmines: Disarmament,
Citizen Diplomacy, and Human Security (Rowman & Littleford, 2008).
81. Interview with Steffen Kongstad, Deputy Director General, Royal
Norwegian Ministry of Foreign Affairs, Oslo, 5 April 2006.
82. Telephone Interview with Steve Goose, Executive Director Arms
Division, Human Rights Watch, 11 April 2006.
83. The treaty provides for five steps to be taken: 1) One or more States
parties can request information regarding allegations of non-compliance
from the requested State Party that has 28 days to respond; 2) If the requested
State Party fails to respond satisfactorily (or at all), the requesting state or
states may either refer the matter to the next meeting of States parties or,
if one-third of members agree, convene a special meeting of States parties;
3) If unable to resolve the issue, the meeting or special meeting of State
Parties can authorize by majority vote a fact-finding mission to the State
Party concerned by a team of experts selected from a list maintained by the
United Nations Secretary-General; 4) The fact-finding mission must give
at least 72 hours notice before its arrival, and may stay up to fourteen days
after which it reports its findings to the meeting or special meeting of States
parties; 5) The meeting or special meeting of States parties reviews the fact-
finding mission’s report and then, by a two-thirds vote if consensus cannot
be reached, may ask the requested State Party to take measures to address
the compliance issue within a specified period of time, and suggest ways
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Notes
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107. Mine Action Review, Clearing the Mines, Norwegian People’s Aid,
London, June 2014.
108. Doc. APLC/MSP.12/2012/7.
109. International Campaign to Ban Landmines, Landmine Monitor 2018,
International Campaign to Ban Landmines—Cluster Munition Coalition,
November 2018.
110. In 2019, Afghanistan became the first country programme to release
a national standard for tackling mines of an improvised nature. AMAS
06.10: Abandoned Improvised Mine Clearance was released in March
2019. As its title makes clear, and to protect the neutrality of humanitarian
mine action, the Department of Mine Action Coordination in the Afghan
Government permits clearance only of items that are not subject to areas of
active hostilities. Under international humanitarian law, direct participation
in hostilities (which includes mine clearance in contested areas without the
consent of all the parties to the conflict) makes a person a lawful target of
lethal force by a party to an armed conflict.
111. See, e.g., “Situation of human rights in Yemen, including violations
and abuses since September 2014”, Report of the Group of Eminent
International and Regional Experts, United Nations, A/HRC/42/17,
9 August 2019, pp. 8−9.
112. See, e.g., International Organization for Migration, “Cameroon, Far
North Region, Displacement Report, Round 15, 3−15 September 2018”,
Geneva, 2018; United Nations Mine Action Service (UNMAS), “Mission
Report: UNMAS explosive hazard mitigation response in Cameroon,
9 January–13 April 2017”, 30 April 2017; and UNMAS, “Mission Report:
UNMAS Explosive Threat Scoping Mission to Nigeria 3 to 14 April 2017”,
New York, 2017.
113. At bit.ly/2QeQWXX; and at bit.ly/2kwnstd, respectively.
114. The obligation in the Convention is to address mined areas under a
State party’s jurisdiction or control.
115. For details, see the overview in Mine Action Review, Clearing the
Mines 2019, Norwegian People’s Aid, Oslo, October 2019.
116. See https://sustainabledevelopment.un.org/sdg16.
117. Officially known as the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on their
Destruction.
118. International Committee for the Red Cross, “Landmines Must Be
Stopped”, ICRC 1998, p. 16.
122
Notes
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124
Notes
144. Andersson et al. (2003) “Mine smartness and the community voice in
mine-risk education: lessons from Afghanistan and Angola”, Third World
Quarterly, Vol 24, No 5, pp. 873-887.
145. Another remarkable exception is the “Capitalisation on network
strengthening, community-based approach and partnership in mine risk
education project. Lessons learned from experience in Angola” (Handicap
International, 2006) with an analytical framework using the combination
of two variables: 1. Project Cycle Phase, and 2. Degree of Participation
of Affected Populations (GRET, 1999, quoted by Handicap International,
2006).
146. “Effective mine risk education in war-zone areas—a shared
responsibility”, Health Promotion International, Vol 20, No 3, pp 213-220.
From Lao, see also the paper “Unexploded Ordnance Risk Education Needs
Assessment in Lao People’s Democratic Republic” (Mines Advisory Group,
Laos Youth Union, 2006) with the Combination of KAP survey and Injury
Surveillance analysis as well as introduction of the “Triangular Formula”
that promotes the combination of three approaches i) mass medium,
ii) face–to–face communication and iii) print or electronic IEC material.
147. Green and Kreuter (1999) “Health Promotion Planning: An
Educational and Ecological Approach”, 3rd Edn. Mayfield Publishing
Company, Mountain View, CA.
148. For instance, providing solar stoves to communities to prevent the
use of firewood from contaminated areas.
149. Notes for ICRC intervention on “mine risk education” presented at
the Standing Committee on Mine Clearance, Geneva, May 2009.
150. WHO (2001). Description and comparison of the methods of cluster
sampling and lot quality assurance sampling to assess immunization
coverage.
151. For example, Handicap International (2009). “Knowledge, Attitudes
and Practices for Risk Education. How to implement KAP surveys”.
152. The United Nations Children’s Fund: Evidence-based approaches to
war-related injuries and humanitarian public health. Funding Opportunity
Number: CDC-RFA-EH09-904—Unpublished, 2009. See also United
States Foreign Policy Agenda, vol. 9 number 1 (2004) “Protecting Lives,
Restoring Livelihoods: The U.S. Program To Remove Landmines”.
153. Anderson and Gerber, 2004 “Applying Epidemiology to the Field of
Mine Action”, United States Foreign Policy Agenda, an Electronic Journal
of the United States Department of State, Vol 9, No 1, pp. 11-13 (online).
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Notes
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