Mine Ban Policy

Governance of the Occupied Palestinian Territories (OPT), including Gaza and parts of the West Bank, is assigned to the Palestinian National Authority (PA). Two Palestinian factions, Hamas in Gaza and Fatah in the West Bank, both claim to be the legitimate governing authority of the OPT. Neither faction has made any recent public statements on its policy toward banning antipersonnel mines. The PA-Fatah sent a representative to the May 2009 intersessional Standing Committee meetings in Geneva, its first participation in Mine Ban Treaty-related meetings since the First Meeting of States Parties in Mozambique in May 1999.

Use, production, transfer, and stockpiling

Landmine and Cluster Munition Monitor did not find any credible allegations of use of antipersonnel mines or mine-like devices by any Palestinian entity during this reporting period (from May 2009 to May 2010).[1]

In May 2009, Egyptian authorities seized 48 antipersonnel mines, among other weapons, allegedly destined for Palestinian groups in Gaza.[2]

The Palestinian National Authority (PA) governs the Occupied Palestinian Territories (OPT), including Gaza and parts of the West Bank. Two Palestinian factions, Hamas in Gaza and Fatah in the West Bank, both claim to be the legitimate governing authority of the OPT.

Representatives of the PA attended the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010. They stated support for the convention and voiced concerns about Israel's use of the weapon.[1]

Previously, the PA had not attended any of the diplomatic Oslo Process meetings that produced the convention in 2007 and 2008.

There have been no confirmed instances of use of cluster munitions in the OPT by either Israeli or Palestinian forces. It is not known if Palestinian forces possess any cluster munitions.

Contamination and Impact

Mines

The Occupied Palestinian Territories (OPT) are contaminated with mines and explosive remnants of war (ERW) although the precise scope, scale, and impact of the contamination is not known. Since the beginning of the intifada, the mine and UXO problem has increased, encompassing minefields, military training zones, and areas of confrontation, where many explosive devices are left behind.^[1]

There are believed to be at least 15 confirmed minefields, all located in the West Bank on the border with Jordan. Palestinian National Security Forces are said to lack maps or records of minefields. The UN has called for a mine action survey to be conducted in the West Bank in order to begin to assess the scope, scale, and impact on communities and development.^[2]

Further hazards exist as a result of Operation Cast Lead, conducted by Israel from 27 December 2008 to 18 January 2009. The UN stated that while antivehicle mines were used to demolish buildings, there is no evidence that antipersonnel mines were laid by either side.^[3]

Cluster munition remnants and other explosive remnants of war

The UN reported in June 2009 that an array of UXO in Gaza as a result of Operation Cast Lead was proving a significant obstacle to reconstruction efforts as well as a threat to life and limb.^[4] As of 1 March 2010, Mines Advisory Group (MAG) explosive ordnance disposal (EOD) teams had assessed 1,632 sites totaling 882.57km², of which 36% were categorized as having a ‘high’ or ‘medium’ risk of containing UXO, therefore requiring further EOD support.^[5]

There are not believed to be cluster munition remnants in the OPT. The precise nature and extent of ERW contamination is, however, not known.

Mine Action Program

There is a Palestinian Mine Action Committee (PNMAC), which was established in 2002, but it has not been active since 2008.^[6]

Since January 2009, the UN Mine Action Team in Gaza (UNMAT-GO)^[7] has been addressing contamination in Gaza resulting from Operation Cast Lead.^[8] As of February 2010, it was assumed that UNMAT-GO would complete all known activities within Gaza by the end of December 2010 and then withdraw, passing all residual responsibility to the de facto authorities.^[9] In April 2010, however, it was reported that UNMAT-GO was in the process of starting a dialogue with the Israeli Ministry of Foreign Affairs and the Palestinian Authorities regarding possible future mine action interventions in the West Bank, the Golan Heights, and Israel.^[10]

In Gaza, UNICEF has started a mine/ERW risk education (RE) working group.^[11]

Land Release

Clearance in Gaza has focused on removal of ERW to enable reconstruction activities to take place. During 2009, UNMAT-GO identified 334 ERW in Gaza.^[12]

As of February 2010, it was reported that EOD teams had uncovered a total of 171 items of UXO, which had been found during rubble removal activities, of which 71 items were M15 antivehicle mines used as demolition charges in the demolition of buildings and 58 items were white phosphorus artillery rounds left from Operation Cast Lead.^[13] In March 2010, MAG began destruction of the white phosphorus rounds.^[14] UNMAT-GO reported that an additional 10 items of UXO were found in March and April 2010 (including a further five white phosphorus rounds), bringing the total of UXO found since operations began to 355 items as well as 2,100 rounds of small arms ammunition.^[15]

There are no reports of clearance activities in the West Bank in 2009.

Community liaison

MAG deploys a Community Liaison Manager and Community Liaison Officer to gather information on required EOD taskings, in addition to those provided through the UN. The Community Liaison Manager also assisted with the development of UXO Safety Awareness Training modules to support the EOD teams during rubble removal and reconstruction activities.^[16]

Quality management

External quality management is limited to monitoring during demolitions and the conduct of EOD tasks. MAG also conducts internal quality management during EOD operations. UNMAT-GO has accredited MAG and approved its standing operating procedures.^[17] 

Other Risk Reduction Measures

From 1999 to 2008, mine/ERW RE activities were provided in the West Bank and Gaza mainly through school-based activities and public information dissemination. After Operation Cast Lead, specific emergency RE activities were carried out.^[18] On 21 March 2010, UNMAT-GO facilitated an RE material design workshop in Gaza.^[19]

Casualties

Casualties in 2009^[1]

In 2009, 46 explosive remnants of war (ERW) casualties were identified in the Occupied Palestinian Territories (OPT). Of the total casualties, at least 20 (43%) were children (18 boys, one girl, and one child of unknown gender), 22 were adults (20 men and two women), and the age was not recorded for four casualties.^[2]

The 2009 data represented a significant increase from the 16 casualties identified in 2008 when most of the known devices which caused casualties were ERW, and five casualties were caused by mines.^[3] Of the 2009 total, 41 casualties were recorded in Gaza, during or following Operation Cast Lead,^[4] and five in the West Bank. In 2008, just six casualties were identified in Gaza and 10 in the West Bank.

The total number of Palestinian mine/ERW casualties is not known, though at least 3,340 casualties have been reported. Defense for Children International Palestine (DCI/PS) recorded more than 2,500 mine/ERW casualties occurring between 1967 and 1998.^[5] Between 2000 and 2008, Landmine and Cluster Munition Monitor identified at least 840 casualties (139 killed, 688 injured, and 13 unknown).^[6]

Victim Assistance

The estimated number of survivors is unknown but there are 688 survivors injured since 1999. There was no central database of information on the needs of persons with disabilities and no survivor needs assessments were reported. In 2009, the Ministry of Social Affairs (MoSA) began a comprehensive survey of persons with disabilities together with 25 local partners. MoSA employed social workers, database officers, and rehabilitation staff to carry out the survey.^[7] The Artificial Limbs and Polio Center (ALPC) collected data on people who had amputations as a result of injuries sustained during Operation Cast Lead.^[8]

Victim assistance coordination

There is no specific victim assistance coordination body or plan in place in the OPT, and mine/ERW survivors receive the same services as other persons with disabilities.^[9] The Ministry of Health and MoSA are responsible for disability issues.^[10] In Gaza the involvement of stakeholders, including MoSA and the UN Relief and Works Agency, in providing assistance to mine/ERW survivors was not coordinated or systematic and occurred only on a case-by-case basis.^[11] In January 2009, a Disability Sub-Cluster for all disability stakeholders in Gaza, with Handicap International (HI) as chair, was formed under the Health Cluster of the UN-led system. Previously, a number of separate coordination mechanisms had existed.^[12] No inclusion of mine/ERW survivors in the Sub-Cluster was reported.

Service accessibility and effectiveness

Victim assistance activities in 2009^[13]

The availability and accessibility of services needed by mine/ERW survivors in the OPT decreased in 2009. Accessibility to treatment in the Gaza Strip was limited by Operation Cast Lead. By the end of the conflict, medical facilities in Gaza were not adequate to respond to healthcare needs.^[14] During the crisis, injured people were evacuated quickly to make room for new patients and did not receive the early medical care and follow-up physiotherapy needed. This resulted in later complications.^[15]

In 2009, an unprecedented complexity of injuries was reported and a large number of injured persons required limb amputations.^[16] The demand for the ALPC’s services increased significantly after the end of Operation Cast Lead.^[17] During 2009, waiting lists increased and the center was overcrowded.^[18] With ITF support, 33 child mine/ERW survivors from Gaza received rehabilitation at the University Rehabilitation Institute in Slovenia.^[19]

A lack of access to economic and social inclusion assistance for all persons with disabilities worsened in 2009, with the greatest needs being in the areas of employment and education rather than physical rehabilitation.^[20] However, several organizations, including the PRCS, worked to provide vocational training opportunities for persons with disabilities following Operation Cast Lead.^[21]

OPT law ensures the provision of health and social insurance, economic opportunities, and equality for persons with disabilities.^[22] Despite legislation mandating services, there was little focus on actual implementation due to the OPT’s limited financial resources.^[23]  Israel has legislation to serve the needs of persons with disabilities, but this legislation remained largely unimplemented.^[24]

In 2009 the United Kingdom and the European Commission (EC) contributed US$1,694,765 (€1,216,193)^[1] to the Occupied Palestinian Territories mine action program. In 2008 Canada contributed $3,752,400 or almost 75% of the total amount for the year through UNDP.^[2]

In March 2010, the UK and Australia provided funding to the UN Mine Action Team (UNMAT) to enable the mine action program to continue until the end of July 2010, engaging Mines Advisory Group (MAG), the Swedish Civil Contingencies Agency, and Global Medics.^[3]

Summary 2008–2009^[4]