Mine ban policy overview

Policy

The Lao People’s Democratic Republic (Lao PDR) has not yet acceded to the Mine Ban Treaty. Lao PDR officials have stated on many occasions that the government made a decision in 2004 to accede to the Mine Ban Treaty, but that the country needs time to prepare to meet the treaty’s obligations.[1]

Since 2004, the Lao government has cited the treaty’s mine clearance obligation and deadline under Article 5 as an obstacle to accession. Lao PDR has also expressed concern regarding the possible diversion of resources from UXO clearance activities to a focus on antipersonnel mines.[2] In addition, the Lao military may still see utility in the mines on the Thai border laid long ago. 

Lao PDR played a leading role in the development and adoption of the Convention on Cluster Munitions in 2007 and 2008, and will host the First Meeting of States Parties in November 2010.  Lao officials have acknowledged the close relationship of the two conventions and indicated that there are discussions within different ministries about the desirability of making an announcement about Lao PDR joining the Mine Ban Treaty prior to, or at the time of, the First Meeting of States Parties.[3]

At the June 2010 Mine Ban Treaty intersessional Standing Committee meetings, Lao PDR told States Parties that it was “in the process of consultation with all Ministries concerned to verify [our] readiness to meet all obligations” of the treaty. We are confident that, with all the efforts we are undertaking and the support from the international community, the Lao PDR would be able to become party [to the Mine Ban Treaty] in the coming years.”[4]

Lao PDR also noted that since 2004, “preparations have been made in order to allow us to meet all obligations [of the treaty]. A number of workshops and seminars have been conducted to raise public awareness and improve national capacity, particularly for military personnel to understand their responsibilities.”[5]

In April 2010, Prince Mired Raad Zeid Al-Hussein of Jordan visited Lao PDR on his first mission in his capacity as “Special Envoy on Universalization” of the Mine Ban Treaty in 2010.  Following his visit, he wrote to the Minister of Foreign Affairs of Lao PDR noting that he was extremely pleased to learn that there is openness to acceding to the convention. Regarding Lao PDR’s concerns that accession could mean diversion of resources from cluster munition remnant clearance to landmine clearance, he offered assurances that this would not be the case and that States Parties would have no expectation that Lao PDR would not address first those areas where explosive hazards pose the greatest threat.[6] 

In March 2010, a representative of the National Regulatory Authority (NRA) told Landmine and Cluster Munition Monitor that “the Ministry of Foreign Affairs was in the process of drafting the voluntary report in accordance with Article 7, in consultation with the Ministry of Defense, and that although a time line for accession has not been set, the decision remained firm and more optimistic in 2010.”[7]

The NRA representative stated that the only concern the country has regarding accession to the Mine Ban Treaty is implementation of Article 5. He noted that Lao PDR is the country most affected by explosive remnants of war, and as a State Party to the Convention on Cluster Munitions, is concerned that with its limited resources, it may not be able to comply with both conventions’ obligations at the same time.[8]

Lao PDR sent observers to the Second Review Conference of the Mine Ban Treaty in Colombia in November–December 2009. In a statement during the high-level segment, Lao PDR noted the various aspects of its positive engagement toward the treaty in recent years and said that the support of the international community should allow Lao PDR to become party to the treaty “in coming years.” It also stated that it was in the process of drafting a voluntary Article 7 transparency report.[9]

On 2 December 2009, Lao PDR voted in favor of UN General Assembly resolution 64/56, calling for universalization and full implementation of the Mine Ban Treaty. This was the third consecutive year it has voted in favor of the annual resolution, after abstaining in all previous years.

In May 2009, Lao PDR first stated that it was “considering a voluntary transparency report, which can help the international community deeper understand the facts and reality on the ground, as well as to demonstrate the desire and the intention of Lao PDR toward the goal and aspiration of this Convention.”[10]

Use, stockpiling, production, and transfer

In 2008, Lao PDR acknowledged that it has used mines in the past “to protect its borders,” but said it has not laid new minefields for the past two decades. It also said that the government is not a producer or exporter of antipersonnel mines, but continues to hold a small stockpile.[11]

Commitment to the Convention on Cluster Munitions

Policy

The Lao People’s Democratic Republic (Lao PDR) signed the Convention on Cluster Munitions in Oslo on 3 December 2008. It became the fifth country globally and the first in Asia to ratify the convention on 18 March 2009, when it deposited its instrument of ratification at a special event to promote the convention at UN headquarters in New York.[1] Thus, it was among the first 30 ratifications that triggered the entry into force of the convention on 1 August 2010.

Lao PDR will host the First Meeting of States Parties to the convention in Vientiane from 9–12 November 2010.[2] The UN General Assembly adopted a resolution that formally welcomed Lao PDR’s offer to host the meeting on 28 October 2009.[3] Lao PDR, together with Ireland, undertook significant consultations to ensure consensus adoption of this UN General Assembly resolution in support of the convention. 

In a speech to the UN, Lao PDR stated, “We fully endorse the objective of achieving the total elimination of cluster munitions, which cause excessive injury and have indiscriminate effects, especially on the civilian populations. As one of the most cluster munitions affected countries, the Lao PDR attaches enormous importance to the Convention on Cluster Munitions and its contribution toward protecting civilians and addressing the humanitarian impact of this silent killer.”[4]

Lao PDR has established the Ministry of Foreign Affairs as the focal point for implementation of the Convention on Cluster Munitions. The ministry receives support for this through a Treaty Support Unit created in March 2010 within the National Regulatory Authority (NRA).[5]

 The government is now focused on preparations for the First Meeting of States Parties, but will turn to the drafting of national implementation legislation for the convention following the conclusion of the meeting.[6]

In March 2010, Lao PDR established a National Preparatory Committee on the First Meeting of States Parties, chaired by the Deputy Prime Minister and Minister of Foreign Affairs. Eight sub-committees have been established, with members from government agencies, to be responsible for specific tasks.[7]

On 7 July 2010, the government and UNDP held a media event to launch the “official start for the November meeting, which is so far the largest international meeting ever organized in the Lao PDR.”[8]

The event was also used for the government and UNDP to officially launch a UXO trust fund, created to encourage strong support for the convention and the First Meeting of States Parties. As of early September, four countries (Australia, Canada, France, and Ireland) had contributed about US$4.15 million to the fund.[9]

Preparations for the First Meeting of States Parties—substantive, procedural, and logistical—have been at the heart of the work of the convention in 2009 and 2010, and Lao PDR has been deeply involved in all aspects.

In early 2009, a group of states came together on a voluntary, informal basis to form the Lao Support Group. Under the guidance of Lao PDR, they have taken on the responsibility of ensuring that preparations for the First Meeting of States Parties are advancing in a thorough and timely manner. The Lao Support Group met nine times between May 2009 and August 2010, and will continue to do so in the lead-up to the November conference. Lao PDR and 10 states, serving as Friends of the President of the First Meeting of States Parties, are taking the lead on specific issue areas, developing the topics for discussion and drafting substantive papers for consideration at the First Meeting of States Parties. UN agencies, the CMC, and the ICRC have also participated extensively.[10]

Lao PDR participated in the Berlin Conference on the Destruction of Cluster Munitions in June 2009, the Regional Conference for Latin America and the Caribbean on Cluster Munitions held in Santiago, Chile in September 2009, the Regional Conference on the Promotion and Universalization of the Convention on Cluster Munitions held in Bali, Indonesia in November 2009, the Africa Regional Conference on the Universalization and Implementation of the Convention on Cluster Munitions held in Pretoria, South Africa in March 2010, and the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010. 

At each of the conferences, Lao PDR provided an update on the preparations for and “roadmap” to the First Meeting of States Parties. It has also promoted the convention and the First Meeting of States Parties at UN events and briefings in other diplomatic fora, such as the intersessional Standing Committee meetings and Second Review Conference of the Mine Ban Treaty, as well as Non-Aligned Movement (NAM) and Association of Southeast Asian Nations (ASEAN) meetings.

At the global meeting in Santiago in June 2010, Lao PDR proposed that the President of the First Meeting of States Parties appoint a special envoy to visit non-signatory countries to urge them to join the convention and attend the First Meeting of States Parties.[11]

Lao PDR has not expressed its views on several important matters related to interpretation and implementation of the convention, including the prohibition on assistance with prohibited acts during joint military operations, the prohibition on transit of cluster munitions, the prohibition on foreign stockpiling of cluster munitions, and the prohibition on investment in the production of cluster munitions.

As the most heavily affected country in the world, Lao PDR’s support was a crucial element in the success of the Oslo Process that produced the convention.[12] It participated extensively in the Oslo Process, calling for a comprehensive ban. During the negotiations in Dublin in May 2008, it advocated strongly against proposals to weaken the treaty text. Lao PDR hosted the South East Asia Regional Conference on the Convention on Cluster Munitions on 20–22 October 2008 in Xieng Khouang, aimed at promoting signature to the convention in the region.

Lao PDR is not party to the Mine Ban Treaty. It is party to the Convention on Conventional Weapons (CCW), but has not ratified Protocol V on explosive remnants of war. It has participated, though not extensively, in the CCW deliberations on cluster munitions in recent years. During a CCW session in April 2010, Lao PDR expressed its hope that states could reach agreement on a new protocol on cluster munitions, but stressed that it must complement, and not in any way compromise, the Convention on Cluster Munitions. It encouraged more states to join the ban convention prior to the November First Meeting of States Parties.[13]

Use, production, transfer, and stockpiling

Lao PDR has stated that it has never used, produced, transferred, or stockpiled cluster munitions.[14]

Cluster Munition Remnants

Lao PDR experienced the heaviest aerial bombardment in history during the Indochina War of the 1960s and 1970s which left it with the world’s worst contamination from cluster munition remnants (known locally as “bombies”). After more than 13 years of UXO/mine action, there is today no reliable estimate for the total area contaminated in the country. Lao PDR lacks up-to-date information on the location and impact of explosive remnants of war (ERW), and even the extent of land designated a priority for clearance.[15] The NRA says that 10 of Lao PDR’s 17 provinces are “severely contaminated” by ERW, affecting up to one-quarter of all villages.[16] A 2002 evaluation for the Japan International Cooperation Agency estimated that 236.8km² of potential agricultural land was contaminated by UXO.[17]

Bombies accounted for a little over half (52%) of all items cleared in 2009.[18] UXO Lao, Lao PDR’s largest clearance operator, reported in 2009 that during 12 years of operations, munitions fired by ground forces made up most (52%) of total items cleared and unexploded submunitions accounted for a little under half (47%).[19]

UNDP reports that as a result of unexploded submunition contamination, “economic opportunities in tourism, hydroelectric power, mining, forestry and many other areas of activity considered main engines of growth for the Lao PDR are restricted, complicated and made more expensive.”[20] For example, the Nam Theun 2 Hydroelectric Project, one of the country’s biggest economic development projects, spent more than $16.7 million on UXO clearance between February 2003 and October 2007.[21]

Clearance of cluster munition remnants

Under Article 4 of the Convention on Cluster Munitions, Lao PDR is required to complete clearance of all areas affected by unexploded submunitions under its jurisdiction or control not later than 1 August 2020. If it is unable to complete clearance within 10 years, it may request an extension of up to five years.

In 2010, the NRA, which coordinates UXO/mine action in Lao PDR, drew up plans for a pilot district-level survey to determine the extent of contamination. The survey is intended to pull together household and village priorities, district plans for development, and national plans for development and investment. It is expected to provide a basis for districts to draw up annual work plans and for the NRA and clearance operators to draw up a multiyear plan in line with its obligations under the convention.[22]

At least 40,499 unexploded submunitions were reportedly destroyed by operators in 2009. The UXO/mine action program in Lao PDR did not, though, disaggregate areas cleared of cluster munition remnants from other battle area clearance.[23]

Contamination and Impact

The Lao People’s Democratic Republic (Lao PDR) experienced the heaviest aerial bombardment in history during the Indochina War of the 1960s and 1970s which left it with the world’s worst contamination from cluster munition remnants. The extraordinary intensity of that bombing has tended to obscure the extent of other forms of contamination left by the war on the ground. Lao PDR also has extensive air-dropped and ground-fired UXO as well as antivehicle and antipersonnel mines.

After more than 13 years of UXO/mine action, there is today no credible estimate for the total area contaminated in the country. Lao PDR lacks up-to-date information on the location and impact of explosive remnants of war (ERW), and even the extent of land designated a priority for clearance.[1] The National Regulatory Authority (NRA) says that 10 of Lao PDR’s 17 provinces are “severely contaminated” by ERW, affecting up to one-quarter of all villages.[2] A 2002 evaluation for the Japan International Cooperation Agency estimated that 236.8km² of potential agricultural land was contaminated by UXO.[3]

UNDP reports that as a result of submunition contamination, “economic opportunities in tourism, hydroelectric power, mining, forestry and many other areas of activity considered main engines of growth for the Lao PDR are restricted, complicated and made more expensive.”[4] For example, the Nam Theun 2 hydroelectric dam, one of the country’s biggest economic development projects, spent more than US$16.7 million on UXO clearance between February 2003 and October 2007.[5]

Cluster munition remnants

There is no reliable estimate for the extent of contamination from unexploded submunitions. The United States dropped more than two million tons (two billion kg) of bombs between 1964 and 1973,[6] including more than 270 million submunitions. Up to 30% of the bombs dropped (81 million) are estimated to have failed to explode. In the past decade, unexploded submunitions (known locally as bombies) alone have accounted for close to 30% of all incidents.[7] Clearance teams have found 19 types of submunition.[8]

Bombies accounted for a little over half (52%) of all items cleared in 2009.[9] UXO Lao, Lao PDR’s largest clearance operator, reported in 2009 that during 12 years of operations, munitions fired by ground forces made up most (52%) of total items cleared and submunitions accounted for a little under half (47%).[10]

Other explosive remnants of war

The precise extent of residual contamination from other ERW is not known, although clearance operators have encountered at least 186 types of munitions in Lao PDR.[11] A partial survey by Handicap International (HI), published in 1997, although acknowledged as out of date,[12] remains a primary data source. It found that 15 of the country’s then-18 provinces—all those it surveyed—had districts significantly or severely affected by UXO and that, among the affected villages, 1,156 had large bombs ranging from 100 to 1,000kg.[13] Other major causes of incidents are artillery shells, grenades, mortars, rockets, and air-dropped bombs.[14]

Mines

All sides in the war laid antipersonnel mines, particularly along borders and around military bases and airfields. The HI survey found mines in all 15 provinces it surveyed, contaminating 214 villages,[15] and clearance operators have estimated Lao PDR may have 1,000 minefields.[16] Results from the first phase of a national victim survey show landmines were responsible for 15% of victims between 1998 and 2008.[17]

The remote location of most minefields, however, means that mines are not a priority for clearance. They accounted for only 1% of the total items of ordnance cleared since 1996,[18] and 0.16% of items cleared in 2009.[19] A fatal antivehicle mine incident in 2007 on land cleared of UXO by UXO Lao[20] drew attention to the residual risk mines may pose as economic development progresses.[21]

Mine Action Program

Key institutions and operators

The government created the NRA by decree in 2004 but did not appoint a director until December 2005, and it became active in 2006.[22] The NRA has an interministerial board composed of representatives from 11 government ministries.[23] UXO Lao, a civilian government body, had primary responsibility for coordinating and regulating all UXO/mine action, including clearance, until 2004, and remains the largest clearance operator in Lao PDR, working in nine provinces.[24]

The NRA’s role includes setting policy, coordinating and regulating the sector, accrediting operators, setting standards, and conducting quality management. It also has the mandate to serve as the technical focal point for matters relating to international weapons treaties. It reports to the Deputy Prime Minister and a Board of Directors comprising nine government ministries, including defense, foreign affairs, security, and planning and development.[25]

The NRA, as of May 2010, employed 30 national staff and six international advisors under the management of a new Director, Phoukhieu Chantasomboune, who took up his appointment that month together with a new Deputy, Phetsavang Sounnalath, and a new UNDP Senior Technical Advisor, Stan Brabant.[26] The NRA has two sections: Operations, with units handling clearance, mine/ERW risk education (RE), victim assistance, and information management; and Policy, Administration and Standards. With US Department of State funding, ArmorGroup North America provided a technical advisor supporting quality management and operations.[27]

The NRA coordinates sector-wide activity through technical working groups for clearance, RE, and victim assistance, as well as a “Sector Working Group” involving UXO/mine action organizations and donors which facilitates discussion on design and implementation of the program.[28] Operators determine clearance tasks in consultation with provincial and district authorities taking account of requests submitted by local communities, development organizations, and provincial development planners.[29]

In 2009, the NRA and UXO sector stakeholders completed discussion on the long-term sector strategy resulting in the completion of a revised national UXO/mine action strategy for 2010–2020, “Safe Path Forward II,” which identified six goals:[30]

·         to reduce the number of casualties from 300 per year to less than 75 per year;

·         to ensure medical and rehabilitation needs of survivors are met in line with obligations under the Convention on Cluster Munitions;

·         to release priority land and clear UXO in accordance with national standards and treaty obligations;

·         to ensure effective leadership, coordination and implementation of the national program;

·         to establish sustainable national capacity integrated fully into the regular set-up of the government; and

·         to meet international treaty obligations.

Lao PDR’s draft national strategy calls for “a Lao PDR free from the threat of UXO, where individuals and communities live in a safe environment contributing to development and where UXO victims are fully integrated into their societies and their needs are met.”[31] As of mid-2010, the draft was awaiting endorsement by the NRA board before being submitted to the Prime Minister for approval.[32]

Land Release

Operators released a total of just over 41km² by clearance and survey in 2009, almost one-third less than the almost 58km² released the previous year. The 37km² of land released by clearance alone was similarly down almost one-third (32.6%) from the 55km² which the NRA reported cleared in 2008. This resulted largely from a precipitous decline (87%) in the amount of clearance by commercial companies, reflecting the impact of the financial crisis on international mining companies, some of their biggest clients. In 2008, commercial companies accounted for 40% of the area cleared, but in 2009 it was less than 10%. Clearance by humanitarian organizations in 2009 rose 19% to 33.8km².[33]

Five-year summary of land cancellation and release[34]

Survey in 2009

As of August 2010, relatively little land release has occurred as a result of survey. In 2009, UXO Lao released 3.87km² through technical survey and the Swiss Foundation for Mine Action (FSD) released 0.08km² by this means for a total of 3.95km², compared with 2.74km² the previous year.[35] UXO Lao noted technical survey is “gaining widespread acceptance” and hoped to increase the number of teams conducting technical survey but also observed that this depended on further training and capacity development.[36]

The NRA drew up plans for a district-level survey to determine the extent of contamination and what land should be prioritized for clearance. The survey was intended to pull together household and village priorities, district plans for development, and national plans for development and investment. It was expected to provide a basis for districts to draw up annual workplans and for the NRA and operators to draw up a 10-year plan in line with its obligations under the Convention on Cluster Munitions.[37] NRA expected the set-up and training of survey teams would be completed in time to allow the start of field work before the end of 2010.[38]

The survey’s terms of reference said it would identify confirmed and suspected hazardous areas, the boundaries of contaminated land that is planned for development or use, and the boundaries of land that is already in use but remains contaminated. The NRA worked with three operators on plans for pilot surveys in three districts in 2010–2011: HI in Nong district, Savannakhet province (105 villages); Mines Advisory Group (MAG) in Boualapha district, Khammouane province (81 villages); and Norwegian People’s Aid (NPA) in Ta-Oy district, Salavan province (56 villages). The NRA intended the survey would eventually be extended to cover 85 UXO-contaminated districts in Lao PDR.[39]

The NRA also commissioned a post-clearance impact assessment, which was being conducted in three heavily contaminated districts: Nong district, Savannakhet province; Pek district, Xieng Khouang province; and Paksong district, Champassak province, covering a range of socio-economic conditions from very poor to more prosperous. Field work was due to be completed by September 2010 and analysis by October.[40]

Battle area and roving clearance in 2009

Although clearance by humanitarian agencies increased significantly in 2009, the amount of land cleared by UXO Lao, the largest operator with more than 1,000 staff and 10 international advisors, was down 3.6% to 25.58km². This represented a little more than two-thirds of the total area cleared in 2009. UXO Lao attributed the drop in clearance output to the impact of typhoon Ketsana, which caused flooding in five southern provinces and the loss of equipment as well as clearance time. UXO Lao teams provided support to the government distributing emergency relief supplies to affected populations and later undertook roving tasks to clear UXO exposed by the floods.[41]

MAG, with nine clearance teams, increased its cleared area by 76% to 7.46km² in 2009 as a result of raising the size of teams from eight to 12 people and increasing the number of detectors in each team from four to 12, allowing it to adopt clearance drills using one operator per clearance lane. Productivity has also been helped by temporarily employing more than 5,300 local villagers in 2009 to cut scrub and vegetation, providing extra income for the local population and accelerating clearance.[42]

FSD had two teams in Savannakhet province working in partnership with the World Food Programme (WFP) and one in Sekong province supporting development initiatives of WFP and CARE Australia. These conducted a total of 211 area clearance and 41 roving tasks. However, FSD ceased clearance in September 2009 because of financial constraints, although it remained involved in UXO sector support, providing senior explosive ordnance disposal (EOD) technician’s Level 4 training and assisting the NRA in developing quality management.[43]

NPA started setting up a clearance program in 2009, beginning operations on 1 September and taking over the clearance teams managed by FSD. By the end of the year it had seven international staff and 100 national staff working in Salavan and Sekong provinces. In 2010, it also worked in Attapeu province and planned to expand further to some 220 personnel.[44]

Among the other NGOs, HI worked in the south with 32 staff conducting area clearance and roving tasks in 16 villages. Post-clearance assessments conducted on 91 tasks confirmed its work had increased land available for cultivation and increased productivity through better use of irrigation.[45] The German organization Solidarity Service International (SODI) started work in Bolikhamxay province in July 2009 and began clearance operations in November, largely as part of training. The project has two 10-person area clearance teams and one five-person roving team with an expatriate technical advisor supporting each team. It also employs villagers to assist with clearing vegetation.[46]

Three international commercial companies, BACTEC, Milsearch BPKP EOD Joint Venture, and Phoenix Clearance, continued clearance in 2009, principally for mining companies and hydropower companies. However, BACTEC pointed out there had been a “dramatic reduction in business with many projects being postponed or not started. In addition to this many companies have opted for ‘cheaper options’ as opposed to reputable and accredited UXO clearance companies.”[47] As of April 2010, BACTEC employed 78 people undertaking a series of mostly small-scale projects.[48] Milsearch supported Phu Bia Mining, maintaining a core staff of 40 but increasing the number to over 200 by the end of 2009.[49]

The Chinese-owned Minerals and Metals Group (MMG), launched in mid-2009 after acquiring the assets of Australia’s Oz Minerals, including its Sepon gold and copper operations in Savannakhet province, set up its own UXO clearance unit to undertake tasks after the 31 July expiry of the contract it had given to BACTEC and it received provisional accreditation by the NRA in 2009.[50]

The NRA gave temporary accreditation in 2009 to two Lao PDR commercial companies: ASA Power Engineering and Phonsaka UXO Clearance (PSD).[51] ASA Power Engineering undertook survey and clearance linked to the construction of an electricity transmission line, but little information was available about the technical capacity and objectives of these companies, or the scope and duration of their involvement in UXO clearance. The Lao army also reported clearance to the NRA for the first time in 2009 but its clearance operations are not subject to NRA quality assurance, although military personnel are also reported to be increasingly engaged in commercial clearance work.[52]

Battle area clearance in 2009[53]

In addition to area clearance, the six NGOs cleared a further 35,379 items of UXO through roving operations in 2009, down by 21% from 44,648 the previous year. The 2009 total included 16,092 bombies, 321 big bombs, and 18,907 other items of UXO.[54] UXO Lao had planned to set up 27 roving teams in 2009 to cover every poor or very poor district in 12 provinces in line with the recommendations of a 2008 UNDP-commissioned evaluation but it did not find funds to proceed.[55] A UNDP management response to the evaluation in 2009 accepted the need for extra roving capacity but said it would not be “at the expense of clearance tasks which are critical to support the implementation of the National Socio-Economic Development Plan.”[56]

Roving operations 2009[57]

Compliance with Article 4 of the Convention on Cluster Munitions

Under Article 4 of the Convention on Cluster Munitions, Lao PDR is required to complete clearance of all areas affected by unexploded submunitions under its jurisdiction or control by 1 August 2020.

Lao PDR established the Ministry of Foreign Affairs as its focal point for treaty implementation, with technical and secretarial support from the NRA.[58] Lao PDR underscored its commitment to the treaty by taking on the role of hosting the First Meeting of States Parties in November 2010.[59] To support these initiatives, the NRA set up an International Treaty Support Unit in April 2010, initially focused on preparations for the First Meeting of States Parties but intended later to support adherence.[60]

Community liaison

UXO Lao and NGOs undertook community liaison as an integral part of their clearance programs. MAG’s community liaison teams visited 303 villages conducting 212 pre-clearance village surveys and completing 1,243 Pre-Clearance Beneficiary Surveys.[61] FSD teams undertook community liaison as part of pre-clearance planning and assessment of tasks and in conducting post clearance assessment.[62] HI similarly stressed the importance of community liaison in planning clearance and reported seven meetings with district authorities and 23 meetings with village authorities in 2009 before during and after clearance operations and a similar number of meetings to discuss RE activities.[63] UXO Lao reported conducting community awareness activities in 617 villages in 2009 benefiting 158,148 people.[64]

Quality management

The NRA has a technical advisor provided by ArmorGroup North America and funded by the US government, responsible for developing quality assurance, and is also receiving support from FSD.[65] UXO Lao set up three mobile quality management teams each covering three provinces for the north, center, and south[66] of the country, which became operational in early 2010, receiving support from two technical advisors provided by Switzerland and a third provided by ArmorGroup North America.[67]

The NRA also set up two four-person, Vientiane-based mobile quality assurance (QA) teams, which became operational at the end of July 2010. Their role is to provide external QA initially focused on area clearance by NGOs and commercial clearance companies.[68]

Other Risk Reduction Measures

The NRA’s Technical Working Group on Mine Risk Education coordinates planning and implementation of RE which in 2009 was delivered in nine of the worst-affected provinces[69] by World Education (WE) and three clearance organizations, UXO Lao, MAG, and HI, with support from UNICEF. A fifth organization, SODI, started RE activities in 2010.[70]

WE has focused on school-based RE, developing a strategic plan for sustainable UXO RE in all primary schools with the Ministry of Education and putting RE in the school curriculum and training teachers in the nine most-affected provinces. Beneficiaries in 2009 were 6,190 teachers, 184,113 students, and 1,870 schools.[71] UNICEF supported WE by printing the RE curriculum and teaching materials.[72]

WE has also drawn up a 10-year plan (2010–2020) for handing over RE to the Ministry of Education. The plan aims to:

·         deliver RE that reduces the risk of UXO incidents among school-aged children with high-risk behavior in heavily contaminated areas;

·         develop a sustainable plan for delivering RE;

·         coordinate management of RE; and

·         increase the effectiveness of monitoring, follow-up and evaluation.[73]

UXO Lao and clearance NGOs delivered RE in the course of their community awareness programs. MAG conducted 230 RE meetings in 2009, including 27 with scrap metal dealers.[74] HI had seven staff and 44 volunteers engaged in providing RE in 2009 using educational films and materials to deliver messages. In 2009, with UNICEF funding, HI broadened its risk-reduction initiative to support 60 families in market gardening as a way to generate income and reduce dependence on scrap metal dealing. The project also developed and distributed emergency RE materials to communities affected by typhoon Ketsana.[75]

Casualties

Casualties in 2009

The National Regulatory Authority (NRA) reported 134 explosive remnants of war (ERW) (including cluster munition remnants) casualties in 82 incidents for 2009 in Lao PDR, though data verification was ongoing as of August 2010 and some detail was only available for 101 of the casualties. The NRA updated 2008 casualty data and reported that there were around 310 casualties from 210 incidents.[1]

The first phase of a nationwide casualty survey recording retrospective data was completed in 2008. It identified 50,136 mine/ERW (including unexploded submunition) casualties, including 29,410 people killed and 20,726 injured since 1964. The majority of casualties recorded (30,128) occurred during the conflict years from 1964 to 1973, and 20,008 in the post-conflict years from 1974 to 2008.[2] By region, the highest numbers of casualties were recorded in Savannakhet province (12,500) and Xieng Khouang province (6,000) together making up some 38% of the total recorded casualties.[3] The second phase of the survey, beginning in 2010, was to collect casualty data from 2008 onwards.

ERW (not including unexploded submunitions) caused most casualties, followed by landmines and unexploded submunitions. From 1964 to 2008, landmines were reported to have caused 19% of casualties and unexploded submunitions 16%, with the remainder caused by other ERW. From 1999–2008, unexploded submunitions caused 29% of casualties and landmines 15%, with the majority of casualties caused by other ERW.[4]

Unexploded submunitions were reported to have caused 7,538 casualties from 1964–2007 (3,170 people killed and 4,368 injured).[5]

Victim Assistance

The total number of mine/ERW survivors in Lao PDR is not known. The number of people surviving an incident between 1964 and October 2008 was recorded as 20,726.[6] However the number of survivors still living at the time of the survey was not recorded. Tentative estimates based on unofficial extrapolation indicate that there may still have been some 11,000–12,000 survivors living in Lao PDR as of 2009.[7]

Phase 1 of the national casualty survey was designed to assist victim assistance organizations in identifying and contacting survivors in need of their services. As an initial result of the survey, child ERW survivors in Savannakhet province were identified for assistance programs. The Lao physical rehabilitation services Cooperative Orthotic and Prosthetic Enterprise (COPE) began undertaking outreach activities based on survey outcomes in order to allow individuals in need to receive prostheses and other mobility devices.[8]

Victim assistance coordination in 2009[9]

The NRA’s Victim Assistance Unit is responsible for victim assistance policy development, sector coordination, and liaison between stakeholders, with the goal of ensuring that the needs of all mine/ERW survivors are met.[10]

The NRA Technical Working Group on Victim Assistance (TWGVA) held regular meetings held in 2009 and was primarily concerned with improving data collection. The group also worked on the development of a victim assistance position paper and strategy.[11]

Several ministries have responsibility for services for persons with disabilities more generally, including the Ministry of Labor and Social Welfare and its Department of Veterans’ Affairs, the Ministry of Health, and the Ministry of Education. The National Commission for Disabled Persons (NCDP) provides an institutional framework; its members include representatives from the relevant ministries and the Lao Disabled People’s Association (LDPA). [12]

In 2009, the LDPA was a regular member of the TWGVA.[13] The NGO World Education (WE) included survivors in its program implementation.[14]

Service accessibility and effectiveness

Victim assistance activities in 2009[15]

Slight improvements in the quality and quantity of some victim assistance services were reported in 2009. However, it was estimated that double the total of available resources would be needed merely in order to provide a range of basic victim assistance services to meet current demand. In particular, funding and capacity were insufficient for local trauma response, orthopedic surgery, psychosocial support, and economic inclusion services.[16]

Rehabilitation centers lacked funding for raw materials and prosthetic components. As in previous years, many people in need of prosthetics services did not have the financial means to travel to a rehabilitation center.[17] The number of wheelchairs available remained insufficient compared to the need in 2009.[18]

Sustainable employment, or self employment, for survivors remained the greatest victim assistance challenge.[19] Little progress was reported in 2009. No increase in psychosocial support activities was reported.

Lao PDR has no specific laws prohibiting discrimination against persons with disabilities. The Ministry of Labour and Social Welfare has established regulations protecting persons with disabilities from discrimination and requiring accessible buildings. However, these policies do not have the force of law.[20] In 2009, UNICEF worked in partnership with the NRA and the LDPA to implement disability rights training with key stakeholders.[21] A Draft Decree on the Rights of Persons with disabilities prepared at the beginning of 2008 was still pending government approval by the end of 2009.[22] Differences in treatment in Lao PDR were based on survivors’ needs and no discrimination in the provision of victim assistance services was reported.[23]

Lao PDR ratified the UN Convention on the Rights of Persons with Disabilities on 25 September 2009.

In 2009 10 donors contributed US$11,007,262 to support mine clearance, risk education, victim assistance, and advocacy in Lao PDR. Norway and Canada contributed $95,575 for advocacy efforts on the Convention on Cluster Munitions.

The United States, Japan, and Australia contributed $1,368,399 to victim assistance programs.[1]

In March 2010 the government of Lao PDR, with UNDP support, established a UXO trust fund to support the implementation of the Convention on Cluster Munitions in Lao PDR.[2] In June 2010 at the International Conference on the Convention on Cluster Munitions in Santiago, Chile, three donors announced contributions to the trust fund; Australia provided $578,671, Ireland $500,000, and France €50,000 ($61,115).[3] Also at the Santiago conference, Australia stated that its A$100 million ($79,270,000) commitment to mine action from 2010–2014, announced at the Second Review Conference of the Mine Ban Treaty in December 2009, includes funds to address the problem of cluster munitions. In June 2010, the United Kingdom said its funding contribution would remain at £10 million ($16,661,000) per year from 2010–2013.

Since 2006 international contributions to Lao PDR have averaged approximately $12 million per year.

The Lao PDR government has never reported financial contributions to its mine action program.

International government contributions: 2009[4]

Summary of contributions: 2005–2009[5]