Commitment to the Convention on Cluster Munitions

Policy

The Republic of Nicaragua signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 2 November 2009. Nicaragua became a State Party to the convention on 1 August 2010. Nicaragua was the third country to ratify from Latin America (after Mexico and Uruguay) and the 24^th globally.  Thus, it was among the first 30 ratifications that triggered entry into force of the convention on 1 August 2010.

According to information provided to Landmine and Cluster Munition Monitor by the Ministry of Foreign Affairs, Decree 5764 to ratify the convention was approved by the legislature on 20 August 2009 and published in the official journal a week later.[1] The convention was then ratified by the Executive on 4 September 2009 as Decree 72-2009 and published in the official journal a week later.[2] The instrument of ratification was then deposited with the UN in New York on 2 November 2009.

Nicaragua is not known to have begun the process of preparing national legislation or other implementation measures. 

Nicaragua has continued to show strong interest in the convention. It attended the Berlin Conference on the Destruction of Cluster Munitions in June 2009. It participated in the Regional Conference for Latin America and the Caribbean on Cluster Munitions held in Santiago, Chile on in September 2009, where the Vice-President of the Nicaraguan Parliament announced the completion of Nicaragua’s domestic ratification process.[3] In June 2010, Nicaragua attended the International Conference on the Convention on Cluster Munitions, also held in Santiago.

Nicaragua joined the Oslo Process, that resulted in the negotiation and signing of the convention, in September 2007 and played an active and positive role, including during the Dublin negotiations held in May 2008.[4]

Nicaragua has not yet made known its views on certain important issues related to interpretation and implementation of the convention, including the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, the prohibition on investment in production of cluster munitions, and the need for retention of cluster munitions and submunitions for training and development purposes.

Nicaragua is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. It has not engaged in the CCW deliberations on cluster munitions in recent years.

Nicaragua has stated that it has never used, produced, or stockpiled cluster munitions.[5]

Contamination and Impact

Mines

In June 2010, Nicaragua announced it was in full compliance with Article 5 of the Mine Ban Treaty, having cleared all known mined areas.[1] Nicaragua was contaminated by mines and explosive remnants of war (ERW) as a result of armed conflict between 1979 and 1990. Most of the mines used were antipersonnel, but antivehicle mines were also laid along the northern border with Honduras. Mined areas were reported in 105 communities,[2] in 74 municipalities, in 14 of the 15 departments, and in the two autonomous regions.[3] More than 80% of the mined areas were along the border with Honduras, in coastal areas, or near electric pylon towers.[4]

Based on records from the Nicaraguan Army, which Nicaragua considered to be 80% complete,[5] the total number of antipersonnel and antivehicle mines emplaced was initially said to be 135,643 in 991 minefields.[6] By April 2010 all known mined areas were reported to have been cleared. When mine clearance was completed, the final number of mines found was 179,790 (one-third more than the original estimate) from 1,029 mined areas, covering 11.92km².[7]

Explosive remnants of war

Nicaragua has a residual ERW problem in all parts of the country. However, the problem has not been quantified and according to Dr. Juan Umaña from the Nicaraguan Demining Commission (Comisión Nacional de Desminado, CND), the problem is impossible to define. Through its risk education (RE) program, 60–70% of contamination reports pertained to ERW rather than landmines. The army regularly receives reports of ERW from civilians, the police, and the Organization of American States (OAS) RE teams. The Nicaraguan Army Engineer Corps demining units clear all ERW. Nicaragua planned to retain an unspecified number of teams, and as of August 2010 the number of teams to be retained had not been determined. Funding from Russia and Japan will cover the cost of the residual teams through 2010. After 2010, the number of teams may be reduced.[8]

Mine Action Program

Key institutions and operators

The CND is responsible for formulating national mine action policy, assisting and coordinating implementation of the National Humanitarian Demining Program (Programa Nacional de Desminado Humanitario, PNDH), managing international funds, and conducting mine/ERW RE.[9]

Mine clearance in Nicaragua was the responsibility of so-called Small Demining Units (Pequeñas Unidades de Desminado) of the Nicaraguan Army Engineer Corps.[10]

The OAS planned to support the Nicaraguan government to maintain a small national capacity to respond to reports of individual mine/ERW contamination that may be received through contacts with communities and their population, at least through December 2010.[11] The OAS was also committed to continuing RE and community liaison throughout 2010.[12]

Land Release

Over a 17-year period Nicaragua cleared almost 12km² of mined areas, destroying in the process 179,970 landmines at an estimated total cost of US$82 million.[13]

Summary of land release: 1993–2010

Mine clearance in 2009

In May 2009, Nicaragua reported it had had 1,019 mined areas on its territory of which 10 remained to be cleared.[14] In June 2010, when Nicaragua announced it was in compliance with Article 5 of the Mine Ban Treaty, it reported it had cleared 1,029 mined areas, of which 20 were cleared from 1 January 2009 through 30 April 2010, destroying 6,246 antipersonnel mines in the process.[15]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty (and in accordance with the one-year extension request granted in 2008), Nicaragua was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 May 2010. In June 2010, Nicaragua announced it had cleared all known mined areas in time and was in full compliance with Article 5.[16]

Quality management

The Mine Clearance Assistance Mission in Central America (Misión de Asistencia para la Remoción de Minas en Centro América, MARMINCA) conducted quality control on all completed clearance tasks.[17]

Other Risk Reduction Measures

In 2009, the OAS Assistance Program for Demining in Central America (Programa de Apoyo al Desminado en Centroamérica, PADCA) in cooperation with the Ministry of Education and local authorities carried out all RE activities.[18]

Casualties

Casualties in 2009

In 2009, two casualties were reported in Nicaragua in two separate mine and explosive remnants of war (ERW) incidents, both injuring adult men. The incident with an antipersonnel mine occurred in Jinotega and involved a soldier.[1] The two casualties identified in 2009 marked a slight decrease from the three reported in 2008 and were in line with the recent trend of declining annual casualty rates as a result of the reduction in mine-affected areas and an intensified risk education campaign to respond to ERW casualties.[2]

As of June 2010, 1,278 mine/ERW casualties (92 people killed and 1,186 injured) were recorded in Nicaragua, including 42 deminers (five killed and 37 injured).[3]

Victim Assistance

There were at least 1,181 mine/ERW survivors in Nicaragua as of June 2010.[4]

In 2009, no needs assessment specifically for mine/ERW survivors was undertaken, but a national survey and needs assessment of persons with disabilities was started in October 2009. As of May 2010, surveyors had interviewed 74,220 persons with disabilities and provided medical attention as needed.[5] Results of the survey were to be used to develop a disability plan.[6]

Victim assistance coordination in 2009[7]

In 2009, no meetings of the Sub-Commission for Medical Assistance and Rehabilitation of Mine Survivors were held.[8] The Ministry of Health was largely inactive as the focal point on victim assistance due to a vacancy in the staff position responsible for victim assistance for part of the year.[9] The National Plan on Physical Rehabilitation, which was initiated in early 2009, had not been finalized by the end of the year due to a lack of funds.[10] One meeting of government ministries and national disability organizations was convened to develop plans for a National Council on Disability, as required by the UN Convention on the Rights of Persons with Disabilities. However as of the end of 2009, the Council had not been established.[11]

Nicaragua provided updates on progress and challenges for victim assistance in 2009 at the Second Review Conference of the Mine Ban Treaty in November–December 2009 and at the meeting of the Standing Committee on Victim Assistance and Socio-Economic Reintegration in June 2010.[12]

There were no reported efforts to include survivors in planning or coordination. Survivors implemented victim assistance services through NGOs.[13]

Service accessibility and effectiveness

Victim assistance activities in 2009[14]

Increased government funding to the Ministry of Health expanded the availability of some services for survivors, most especially medical and physical rehabilitation services.[15] No significant changes were reported in the quality of victim assistance services.

The location of the new orthopedic center in Estelí was chosen because of its proximity to large numbers of mine/ERW survivors based in northern Nicaragua. After opening in November, the center produced six prosthetic limbs before the end of the year. The ICRC SFD carried out a field visit to the Autonomous Region of the North Atlantic to determine the feasibility of establishing a fifth orthopedic center.[16]

No changes were reported in the provision of economic inclusion programs or psychological assistance. Survivors continued to be supported by OAS PADCA to participate in vocational training at INATEC and to receive small business start-up grants after completing their training. By the end of 2009, there were still 75 survivors on the waiting list for this program.[17]

Discrimination against persons with disabilities was prohibited by law, but the law was not effectively enforced and discrimination was widespread. There were no laws requiring the accessibility of public buildings.[18]

Nicaragua ratified the UN Convention on the Rights of Persons with Disabilities on 7 December 2007.

In 2009, four donors contributed US$2,041,563 through the Organization of American States (OAS) for mine clearance, victim assistance, and risk education.[1] The United States also contributed through a grant to the US-based Polus Center. The government of Nicaragua reported a national contribution to its mine action program of $1 million.

The US and Spain contributed $478,072 for victim assistance.[2]

In June 2010, Nicaragua reported it had cleared all known mined areas and was compliant with Article 5 of the Mine Ban Treaty.[3] At the intersessional Standing Committee meetings in June 2010, Nicaragua reported it had spent $82.19 million from 1989–2010 to clear 1,029 mined areas covering 11.92km², including $42.29 million received through the OAS, $24.9 million through bilateral assistance, and $15 million from the government.[4]

The government of Nicaragua contributed $1 million to its mine action program per year from 2005–2009.

International government contributions: 2009[5]

Summary of contributions: 2005–2009[6]