Four Takeaways from the Maputo Conference on a Mine-Free WorldPosted: July 9, 2014
States, advocates and survivors came together in the Mozambican capitol of Maputo to review the progress of the Mine Ban Treaty after 15 years of implementation and agree upon an agenda for the next five years. From June 23rd to the 27th nearly one thousand delegates participated in formal sessions and dozens of side events celebrating the Treaty’s accomplishments and preparing for the next phase of work. (Round-ups of each day’s activities, as reported in social media, can be found here: Day 1, Day 2, Day 3, and Day 4.) While there were entirely too many moments of note to try and summarize, from the United States’s announcement that it will no longer procure anti-personnel landmines (3rd Review Conference) to the continued confirmations from the host country of its desire to be mine-free by the end of the year (3rd Review Conference), there were four items that particularly stood out for me despite only observing the Conference from a distance of more than 8,000 miles away. These items include challenges from deminers, a defense of the use of landmines, and the continuing challenge of survivor assistance.
“Doing the Math on Clearance Rates”
Co-founder of the HALO Trust and current president of HALO-USA, Guy Willoughby, addressed the Conference’s attendees on Day 3 (The HALO Trust). With over 25 years of experience in humanitarian demining and over 7,000 employees employed in 17 countries clearing landmines, Mr. Willoughby challenged the attendees to “aspire to making landmines history” and reminded states that they had agreed to a ten-year deadline to clear all landmines. The HALO Trust’s forecasting shows that with modest increases in donor funding, all landmines could be cleared from Afghanistan, Angola, Armenia, Cambodia, Colombia, Georgia, Sri Lanka, Somalia and Zimbabwe by 2025. But, if mine action contributions decline, “Angola will take 28 more years to clear instead of ten… and Zimbabwe 48 more years.” Those delays would mean “thousands more human and livestock casualties, thousands of hectares left uncultivated.” The HALO Trust is widely respected within the mine action community and Mr. Willoughby’s intervention generated the momentum needed for the participants to agree upon 2025 as the goal for a landmine-free world.
Norwegian People’s Aid (NPA) presented a report during a side event on June 26th which assessed the scope of the landmine clearance challenge that remained. NPA listed 40 countries, 24 of whom are party to the Mine Ban Treaty and 16 which are not, that are fully capable of clearing all known minefields by 2019. However, NPA’s report stated that “the primary obstacle to effective and efficient clearance of mined areas is not funding per se, as is sometimes alleged, much less the weather or difficult terrain, but lack of political will to get the job done. In particular, when we look at the Article 5 waifs and strays, such as Chad, Senegal, Turkey, and the United Kingdom (discussed below), it is has been lack of political will that is the major cause of persistent failure to implement Article 5, not the availability or otherwise of adequate funding.” The report goes further to critique the United Nations’ role in mine action saying the UN’s focus on capacity building of mine action centers was “a strategic mistake” with “petty squabbles about ‘who gets the overhead’ between UNDP, UNMAS, and UNOPS.” A better role for the UN would have been “to focus on generating political will at the higher levels of government, creating an enabling environment for mine action.” A further critique of the UN agencies was the fact that they “never sought to gather basic mine action data about contamination, progress in clearance, and victims.” The data problems are evident as mine action operators and mine action centers “are unable to disaggregate land release into cancelation of mined areas by non-technical survey, release by technical survey, or release by clearance, or even to distinguish battle area clearance from mine clearance.”
NPA’s report then lists the criteria for an effective mine action program that is fully able to address any existing landmine contamination. In NPA’s assessment: “The best performing mine action program in 2013 among 30 affected States Parties was Algeria, followed by Mauritania and Cambodia. The most improved mine action program in 2013 was Zimbabwe. The least performing mine action program in 2013 was Chad, slightly below Turkey and then, equally, Ethiopia, Senegal, and South Sudan.”
I love, love, love both of these interventions. The HALO Trust and NPA have decades of on-the-ground experience in landmine clearance and have born witness to what countries are capable of when those countries have the political will to act. Guy Willoughby challenged the donor community to step up and commit the necessary resources to deliver a landmine-free world and NPA called out those countries who have been negligent in their obligations. NPA’s report reflects what I have heard many people say in private conversations and I’m so happy to see them come out and say it out loud. Long overdue. On the flip side, here are the two things that I did not like so much:
“Harmonizing Military Necessity with Humanitarian Concerns”
I do not envy the Indian and Chinese delegations at the Maputo Conference which participated as observers since neither country has signed or acceded to the Mine Ban Treaty. The Indian delegation stated that the Mine Ban Treaty was unnecessary as “the Convention on Certain Conventional Weapons provides the appropriate legal framework for harmonizing military necessity with humanitarian concerns” and defended the need for anti-personnel landmines as part of “the legitimate defence requirements of States, particularly those with long borders.” Despite its support for “a world free of the threat of landmines,” India’s “national security concerns oblige us currently to stay out of the Convention” (3rd Review Conference).
The Chinese delegation admitted to keeping “a very limited number” of anti-personnel landmines in its stockpile “for defence purpose.” These mines are compliant with the Convention on Certain Conventional Weapons but absolutely banned by the Mine Ban Treaty. Also, in a challenge to the Mine Ban Treaty’s Article 5 which obligates States to clear known minefields within their territory, China advocated for “the principle of ‘user to clear’” to “accelerate the elimination of the landmine scourge.” The “user to clear” principle would relieve States of any obligation to protect their own citizens from landmines (3rd Review Conference).
By defending the use of landmines and reiterating their “legitimate” use, India and China continue to provide cover to states like Egypt, Morocco and Israel which remain outside the Mine Ban Treaty. As the Special Envoy for the Universalization of the Mine Ban Treaty said, the decision to ban landmines is not a military one, it is a humanitarian one. There is no balance between military utility and humanitarian costs when it comes to anti-personnel landmines; the humanitarian costs so far outweigh any possible military utility as to render the mines mere “weapons of cowards” as Pope Francis described them.
The “user to clear” principle is just wrong and let me offer two examples to show why. 1) In Zimbabwe there are over 1 million landmines that were laid by the Rhodesian government in the 1970s. Rhodesia has not existed since 1980 so who would be responsible for clearing its landmines if “user to clear” were the rule? 2) In current conflicts, most landmine users are rebel groups, not governments. Who would be responsible for clearing rebel-laid mines under “user to clear”?
“The Solemn Promise to Mine Victims”
In the Maputo Action Plan, the States Parties recommitted themselves to the “full, equal and effective participation of mine victims in society.” The Plan then goes on to say that each State Party with landmine victims “in areas under its jurisdiction or control… will do its utmost to assess the needs of mine victims… [and] will do its utmost to communicate to the States Parties… by April 30, 2015, time-bound and measurable objectives it seeks to achieve… that will contribute to the full, equal and effective participation of mine victims in society” (emphasis added) (Maputo Action Plan). Why, oh why, have States Parties not already conducted these needs assessments and why couldn’t States Parties come to Maputo prepared to discuss their objectives and activities to respond to these needs? Why will States Parties only do their “utmost” to meet these commitments? Why not have the commitments be binding? Because the commitments are not binding – a State can always say that it tried, but could not meet the deadline and still have fulfilled the obligation of the Action Plan – I am afraid that we are kicking the can down the road yet again. If we have made a “solemn promise to mine victims,” why can’t we keep it? How much longer will survivors trust the States when they make pledges that are not adhered to? The Maputo Action Plan says all of the right things, but in the end, there is nothing binding there on survivor assistance and we have once again let down this group that has led the charge for a mine-free world. I wish I was surprised and not just disappointed.
On the whole, the Conference was extremely positive, the Maputo Action Plan can be an aspirational document and hopefully the goal of a mine-free world in 2025 will be achieved. Let’s get to work.
Michael P. Moore
July 9, 2014
moe (at) landminesinafrica.org