Mine Ban Policy

The Republic of Moldova signed the Mine Ban Treaty on 3 December 1997 and ratified it on 8 September 2000, becoming a State Party on 1 March 2001. Moldova has not enacted any legal measures to implement the treaty domestically as it believes that the 2002 Criminal Code covers all aspects necessary for adequate implementation of the treaty.[1]

In 2011, Moldova submitted its eleventh Mine Ban Treaty Article 7 report, covering calendar year 2010.[2] It has cited no changes since 2006.

Moldova attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010.

In 2006, Moldova expressed its views on key issues of interpretation and implementation related to Articles 1, 2, and 3 of the Mine Ban Treaty, when it made strong statements in agreement with the positions of the ICBL and many States Parties.[3]

Moldova is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. It submitted an annual Article 13 report in April 2011.

Production, transfer, stockpiling, and mines retained

Moldova has stated that it has never produced, imported, or exported antipersonnel mines. It destroyed its stockpile of 13,194 antipersonnel mines inherited from the Soviet Union in 2002, as part of a destruction program managed by the NATO Maintenance and Supply Agency.[4] 

In 2002, Moldova declared it would retain 849 antipersonnel mines for training. It reported destroying a number of these during 2004, indicating that 249 remained retained for training. In 2006, Moldova destroyed the remaining 249 antipersonnel mines.[5]

Commitment to the Convention on Cluster Munitions

Policy

The Republic of Moldova signed the Convention on Cluster Munitions on 3 December 2008, ratified on 16 February 2010, and was thus among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.

Moldova submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011.[1]

According to the report, there is no specific legislation related to the convention, but the Criminal Code “envisages penal sanctions for the storage, purchase, selling and use of weapons and ammunitions.”[2] Previously, in March 2010, a Ministry of Foreign Affairs official indicated that Moldova believes existing laws are sufficient to sanction any violations of the convention.[3]

Moldova participated in the Oslo Process from February 2008 onwards.[4] In 2010 and the first half of 2011, Moldova continued to engage with the work of the convention. It attended the First Meeting of States Parties to the Convention on Cluster Munitions in Vientiane, Lao PDR in November 2010 where it announced that on 29 July 2010, two days before the entry into force of the convention, Moldova had completed the destruction of its entire stockpile of cluster munitions.[5] It offered to share its knowledge and expertise on stockpile destruction with other countries.[6] Moldova did not participate in the convention’s first intersessional meetings held in Geneva in June 2011.

At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in October 2010, Moldova welcomed the entry into force of the convention on 1 August 2010.[7] At the First Meeting of States Parties, Moldova also made a statement on the importance of universalization of the convention as well as its compliance.[8]

Moldova has yet to make known its views on a number of issues important for the interpretation and implementation of the convention, such as the prohibitions on transit, foreign stockpiling, assistance with prohibited acts in joint military operations, and investment in cluster munition production.

On the issue of retention of cluster munitions for training and research purposes, Moldova has stated that “like Norway and others, Moldova does not believe live submunitions are necessary for training.”[9] Moldova has also said that it will not acquire or retain any cluster munitions (see Stockpiling and destruction section below).[10]

Moldova is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. Moldova has been supportive of CCW work on cluster munitions in the past, but has not actively engaged in CCW deliberations on cluster munitions in recent years.

Use, production, and transfer

In 2009 Moldova stated, “The Republic of Moldova has never produced, used, nor does it plan to use, stockpile or transfer cluster munitions.”[11] In 2001, Moldova reported the transfer of 860 9M27K rockets to Guinea during the previous year.[12]

Moldovan authorities have stated that they have no information about possible use, transfer, or stockpiling of cluster munitions by the military forces of the breakaway region of Transnistria or by Russian military forces still stationed there.[13] Moldovan authorities have repeatedly called for a fact-finding mission to be sent in Transnistria to gather information on stockpiled weapons and ensure their removal and destruction.[14] In its Article 7 report, Moldova said that if cluster munitions were identified in the Transnistrian region, support and financial assistance could be needed to ensure implementation of Moldova’s stockpile destruction obligations under the convention.[15]

Stockpiling and destruction

Moldova has said that it “inherited a limited stockpile from the former Soviet Union.”[16] According to its Article 7 report, prior to its destruction, Moldova’s stockpile totaled 1,385 cluster munitions, containing 27,050 submunitions.[17] This includes 473 9M27K 220mm surface-to-surface rockets containing a total of 14,190 9N210 fragmentation submunitions destroyed by the Moldovan National Army in 2006.[18]

Moldova completed the destruction of stockpiled cluster munitions on 29 July 2010, two days before the convention’s entry into force.

When Moldova signed the convention in December 2008, it possessed 78 air-delivered cluster bombs produced by the Soviet Union from 1961–1987 and 834 152mm cluster munition artillery projectiles. After signature, Moldova marked and separated its cluster munitions from all other munitions types.[19]

In December 2009, Moldova signed a Memorandum of Understanding for the disposal of its air-dropped cluster bombs.[20] The research and development phase of the project was completed on 19 December 2009, when 10 cluster bombs were dismantled, neutralized and parts of the submunitions were destroyed. The final phase of the project began in May 2010 and continued through June 2010, resulting in the destruction of nearly 98% of the submunitions and empty canisters. The remaining munitions and submunitions were destroyed at a ceremony on 29 July 2010.[21] Witnesses included diplomatic representatives as well as media and representatives of civil society from partner Norwegian People’s Aid (NPA).[22]

In 2009, National Army engineers planned and developed another project to dismantle and destroy the stockpile of 3-O-13 152mm artillery projectiles. Throughout March and April 2010, 822 of the 834 projectiles were destroyed. The remaining 12 projectiles were destroyed on 29 July 2010.[23]

The stockpile destruction was carried out at the Bulboaca destruction site near Chisinau, using a combination of methods including dismantling, burning, and detonation. Moldova reported that “in order to reduce the impact on the environment, the explosive material was placed in specially arranged 2–3 meter deep pits. The standard of maximum allowable quantity of explosive materials for a safe explosion was also respected.”[24]

Moldova contributed MDL500,000 (US$40,359) towards the destruction of its air delivered cluster bombs and MDL800,000 ($64,575) towards the destruction of its artillery cluster munitions. International assistance was provided through the Organization for Security and Cooperation in Europe with funding from Spain (€60,885/$80,740), Norway (€19,640/$26,045), and NPA (€27,925/$37,031).[25]

Moldova has stated that it will not acquire or retain any live cluster munitions for training and research purposes.[26] It has retained 19 submunitions that have been rendered free from explosives for training and display purposes.[27]

Contamination and Impact

Mines

Moldova believes that territory under its control is not mine-affected.[1] Moldova reported previously that it had completed the destruction of all antipersonnel mines in mined areas under its control by August 2000.[2] Antipersonnel and antivehicle mines are occasionally found during clearance of explosive remnants of war (ERW) across the entire country, as described below.

The extent to which the breakaway region of Transnistria is mine-affected remains unclear. In its Mine Ban Treaty Article 7 report for calendar year 2005, Moldova claimed that there were no mined areas containing antipersonnel mines on territory under its control, while acknowledging that it had no information on the situation in the breakaway region of Transnistria, which Moldova considers part of its territory.[3] Subsequent Article 7 reports have been marked “unchanged.”[4]

Cluster munition remnants

There is no evidence of cluster munition remnants on territory under the control of the government of Moldova. It is unclear whether the breakaway region of Transnistria is affected by cluster munition remnants, although there have been no reports of such contamination.  Moldova became a State Party to the Convention on Cluster Munitions on 1 August 2010.

Other explosive remnants of war

Moldova is affected by other ERW left from World War II, as well as “some dumping from the former Soviet military bases.”[5] According to local press reports, ERW are said to be found two or three times a month in Transnistria. The most affected localities are said to be Bender, Parcani, and Slobozea.[6]

Mine Action Program

Key institutions and operators

Demining in Moldova is the responsibility of the Ministry of Defense.

Land Release

Since completing major clearance operations in 2000, Moldova has primarily cleared ERW. While the number of detected and destroyed ERW is significant, only a few mines have been found in territory under the control of the government of Moldova, as illustrated in the table below.[7]

All the mines referred to in the table above are from the Soviet era and presumably originate from the 1992 Transnistria conflict. Local media in Transnistria occasionally report instances of significant quantities of ordnance, including mines, being found there. For example, in August 2008 it was reported that 510 antipersonnel mines dating back to World War II had been found near Bender,[8] and in September 2009 it was reported that 304 Soviet-era antivehicle mines had been found near Ribnitsa.[9] In the former conflict area along the Nistru river where there was fighting in 1990–1992, arms and ammunition are reportedly found on a regular basis and these are disposed of by sappers attached to the joint Russian/Moldovan/Transnistria peacekeeping force in the area.[10]

Mine clearance in 2010

No mine clearance took place in 2010, as with earlier years. There is no detailed information regarding any mine clearance in Transnistria.

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty, Moldova was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2011. During the intersessional Standing Committee meetings in June 2008, Moldova stated that in “carrying out in good faith the obligations which it assumed by the Ottawa Convention, the Republic of Moldova completed, inter alia, the destruction of all anti-personnel mines far ahead of the established deadlines under Articles 4 and 5.”[11]

According to Moldova, it is already in compliance with Article 5 since it already destroyed all antipersonnel mines in mined areas in the territory under its control. With regard to the Transnistria region, which Moldova considers part of its territory but which it does not currently control, an obligation will arise as soon as de facto control by the central government is restored.[12]

Further, in contrast to the position it has expressed previously, in 2008 an official from the Moldovan Ministry of Foreign Affairs and European Integration declared that Moldova would need to request an extension to its Article 5 deadline.[13] In March 2009, however, an official from the same ministry contradicted this statement, stating that until the Moldovan government had restored its control over the territory of Transnistria all discussions on this issue “would be irrelevant.”[14] The official repeated the statement in March 2010.[15] Moldova did not request an extension to its Article 5 deadline.

The Article 5 obligation clearly applies to all areas under a State Party’s jurisdiction as well as to areas under its control. Accordingly, the ICBL believes that should there remain, as of 1 March 2011, any mined areas under Moldova’s jurisdiction but not its control, including in Transnistria, Moldova will need to have been granted an extension to its deadline.[16]