Commitment to the Convention on Cluster Munitions

Policy

The Republic of Croatia signed the Convention on Cluster Munitions in Oslo on 3 December 2008. The Croatian Parliament approved the “Law for the Ratification of the Convention on Cluster Munitions” on 5 June 2009. Croatia formally deposited its ratification with the UN in New York on 17 August 2009.[1] It was the 16^th country to ratify, and thus among the first 30 ratifications that triggered entry into force on 1 August 2010.

It is not known if Croatia has begun the process of preparing national implementation legislation or other measures.

Croatia has continued to play an active role in promoting the implementation and universalization of the convention. Croatia is a member of the Lao Support Group, which is tasked with advancing preparations for the First Meeting of States Parties to be held in Lao PDR in November 2010. In particular, Croatia has been assisting with preparatory work related to implementation of victim assistance obligations.

Croatia has emphasized its commitment to the universalization of the convention and stated that it is promoting the convention in international and regional fora and in all bilateral contacts.[2] The Ministry of Foreign Affairs and European Integration and the Regional Arms Control Verification and Implementation Assistance (RACVIAC) Centre for Security and Cooperation co-hosted the Regional Workshop on Cluster Munitions in Rakitje from 9–11 February 2010. Representatives from across government ministries and the armed forces from 15 countries attended, along with international organizations and NGOs.[3]

Croatia attended the Berlin Conference on the Destruction of Cluster Munitions in June 2009, the Special Event on the Convention on Cluster Munitions held at the UN in New York in October 2009, and the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010. At the Santiago conference, Croatia made a statement emphasizing the importance of transparency reporting for the convention and as a tool for ensuring national coordination mechanisms are in place.[4]

Croatia made many notable contributions throughout the Oslo Process which led to the creation of the convention. Croatia played a leadership role in advocating continuously for the strongest possible provisions on victim assistance and helped to strengthen the convention by emphasizing the humanitarian harm caused by cluster munitions from its experience as an affected state.[5] Croatia was also one of a number of states that announced that it had enacted a moratorium on the use, production, and transfer of cluster munitions, in 2007, prior to the conclusion of the process.[6] 

Croatia has yet to formally make known its views on a number of important issues regarding the interpretation and implementation of the convention, such as the prohibitions on transit of cluster munitions, foreign stockpiling of cluster munitions, and investment in cluster munition production, or the retention of cluster munitions for research or training purposes. On another issue, Croatia has simply stated, “As for the interoperability and use of cluster munitions by countries that are not signatories to the [convention], and are serving within joint military operations, Republic of Croatia will act in accordance with provisions stipulated in Article 21 of the Convention.”[7]

Croatia is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. Croatia has continued to participate in deliberations in the CCW on cluster munitions in 2009 and 2010 through July. Croatia has supported efforts to conclude an instrument in the CCW on cluster munitions, but has been critical of its progress. It has stated that as a minimal bottom line, any future instrument must have an immediate impact on addressing the humanitarian impact of cluster munitions.[8]

Use, production, transfer, and stockpiling

Croatia has stated that it does not produce cluster munitions, did not import them, and that the Armed Forces of Croatia have not used them, including in missions under UN auspices.[9] Croatia has said its armed forces have “some quantities of stockpiled cluster munitions,” inherited during the breakup of the Socialist Federal Republic of Yugoslavia.[10]

Jane’s Information Group lists Croatia as possessing KMG-U dispensers (which deploy submunitions) for aircraft and M87 Orkan 262mm rockets; each rocket contains 288 KB-1 dual purpose improved conventional munition (DPICM) submunitions.[11]

Croatia has stated that it expects its stockpile destruction process to begin by the end of 2010.[12] In February 2010, representatives of the NGO Norwegian People’s Aid (NPA) and UNDP met with Ministry of Defense officials to discuss plans for stockpile destruction. NPA, together with partners from the Moldovan Ministry of Defense, had made a presentation at the RACVIAC Centre for Security and Cooperation in Croatia on a self-help project on stockpile destruction carried out in Moldova.[13]

In March 2010, Croatia informed Landmine and Cluster Munition Monitor that the ministries of defense and foreign affairs were engaged in discussions with NPA, UNDP, and Colin King Associates Ltd. on the possibilities for cooperation on a pilot project for the ecological destruction of stockpiles. It noted that since the discussions were still in their initial phase, “exact information on the total quantities of cluster munitions and on quantities to be destroyed and kept for future training, are still not available for [the] public.”[14]

The Trial Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) established that Milan Martić ordered the shelling of Zagreb on 2–3 May 1995 using M87 Orkan rockets equipped with submunitions. At least seven civilians were killed and more than 200 wounded in the attacks.[15] Additionally, the Croatian government has claimed that Serb forces dropped BL-755 cluster bombs in Sisak, Kutina, and along the Kupa river.[16]

Cluster Munition Remnants

Croatia has areas contaminated by cluster munition remnants left over from the conflict in the 1990s. According to the Croatian Mine Action Centre (CROMAC), at the end of 2009 the areas affected by unexploded submunitions (not including mined areas that may be suspected to contain such remnants) covered a total of 4,267,489m²,[17] affecting 19 towns and municipalities.[18] The problem is present in seven cantons (out of 21), and as of 31 December 2009 there were 19 areas suspected to contain unexploded submunitions.[19] The types of submunitions in those areas are KB-1, MK-1, and BL-755.[20] CROMAC says all contaminated areas are marked.[21]

Clearance of cluster munition remnants

Croatia has not reported clearance of any unexploded submunitions during 2009. Its Article 4 deadline for clearance of areas under its jurisdiction or control containing cluster munition remnants is 1 August 2020.

Contamination and Impact

Mines

Croatia is affected by landmines and—to a much lesser extent—explosive remnants of war (ERW), a legacy of four years of armed conflict associated with the breakup of the former Yugoslavia during the early 1990s.[1] Suspected contamination poses an obstacle to social and economic development, particularly in former areas of conflict, affecting large areas of agricultural land and forest.[2]

At the end of 2009, the Croatian Mine Action Centre (CROMAC) estimated the total suspected hazardous area (SHA) at 887.8km², affecting 104 towns and municipalities. Suspected mined areas are still present in 12 out of 21 counties,[3] affecting approximately 920,000 inhabitants who represent 43% of the total population living in those counties and one-fifth of Croatia’s total population.[4] CROMAC estimates the SHAs contain 93,000 mines.[5]

Most contamination is in forest, which accounts for 557.8 km² or 59.3% of the total SHA, and agricultural land with 269.2 km² or 28.6% of the total SHA. In addition, areas of underbrush and karst (limestone) have 109.7 km² or 11.6% of the SHA, and yards of inhabited houses have 4.7 km² or 0.5% of the total.[6]

In April 2010, Croatia reported that 78 military facilities, covering 2.74km², are contaminated with a further 65,507 antipersonnel mines and 1,741 antivehicle mines (44 more antivehicle mines than reported in 2009). All minefields around military facilities are from the 1991–1995 armed conflict.[7]

Cluster munition remnants

Croatia has areas contaminated by cluster munition remnants left over from the conflict in the 1990s. According to CROMAC, at the end of 2009 the areas affected by unexploded submunitions (not including mined areas that may be suspected to contain such remnants) covered a total of 4,267,489m²,[8] affecting 19 towns and municipalities.[9] The problem is present in seven cantons (out of 21), and by 31 December 2009 there were 19 areas suspected to contain unexploded submunitions.[10] The types of submunitions in those areas are KB-1, MK-1, and BL-755.[11] CROMAC says all contaminated areas are marked.[12]

Other explosive remnants of war

Croatia continued to report the presence of other UXO around military storage facilities and the public still occasionally reported finding items of abandoned explosive ordnance.[13]

Mine Action Program

Key institutions and operators

CROMAC was established by the government of Croatia on 19 February 1998 as the umbrella organization for mine action, responsible directly to the Croatian government for coordinating mine action.[14] The CROMAC Council, appointed by the government, is the governing and advising body for CROMAC. The council consists of a president, appointed by the prime minister, and 10 members, appointed from the concerned ministries. The council meets at least every three months.[15]

The Law on Humanitarian Demining was adopted in 2005 and entered into force on 5 January 2006.[16] A 2007 amendment to the law elaborated on responsibilities and human resource requirement, and a second amendment in 2008 clarified responsibilities for quality control.[17] According to the law, the Croatian army is responsible for clearance of all military areas.[18]

Croatia conducts mine action in accordance with a 10-year National Strategy for 2009–2019, prepared as part of Croatia’s request for an extension of its Article 5 deadline, as well as with action plans prepared by CROMAC. The three-year plan for 2009–2011, which was approved by the government in July 2009, aims to reduce the SHA by 219.5km² through demining and general survey. Nearly one-quarter of the reduction will come from “humanitarian” tasks and more than one-half will be linked to socio-economic development plans. The plan was expected to cost about HRK1 billion (about US$177 million at the exchange rate in July 2010) and to be financed by the state budget, World Bank loans, public companies, and private donations. [19]

Planning and prioritization of mine action is undertaken at the municipal and county levels based on maps and data of confirmed and suspected mined areas sent by CROMAC twice a year to more than 50 local government departments. Municipalities submit their demining priorities to county authorities who take account of development plans in setting regional demining priorities. From these, CROMAC drafts annual plans for approval by ministries and then by the government. Public companies with projects in suspected mined areas are obliged to include mine action in their budgets. [20]

Demining priorities include reconstruction of houses, roads, and national utilities infrastructure, reconstruction of Ernestinovo electricity generator station and related facilities, construction of the Zagreb-Dubrovnik highway, and major and secondary canals and areas close to inhabited houses. Analysis of SHAs shows contamination of agricultural areas, ploughed land, and forests pose the biggest problem for the economy. [21]

Another priority is suspected mine contamination along canals and river banks, which has prevented maintenance and resulted in flooding of ploughed land, particularly along the border with Hungary. In addition to canals, parts of the banks of the Kupa river in Sisak-Moslavina county, the Sava river in Brod-Posavina and Vukovar-Srijem counties, and the Drava river in Osijek-Baranja county are inaccessible due to mine contamination. Protection from flood is also impossible. Other priorities include SHAs used for hunting tourism, which is an important source of income for certain towns and municipalities, and demining areas along the Zagreb-Dubrovnik highway which are to become commercial zones.[22]

Mine action in Croatia is about four-fifths funded from national sources, mainly the national budget. Between the establishment of CROMAC in February 1998 and the end of 2009, the government has provided HRK3.1 billion (some $590 million) for demining, with annual allocations increasing from HRK83 million ($13 million)[23] in 1998 to HRK196 million ($37 million) in 2009.[24]

CROMAC plays a leading role in collecting data on contaminated areas and manages the SHA database, which includes the results of general and technical surveys. From 2010, CROMAC also took responsibility for collecting and managing data on unexploded submunitions.[25] CROMAC updates mine/ERW situation maps weekly, including data on unexploded submunitions, which are available to the public on CROMAC’s website. The maps include information ranging from the location of SHAs to the position of mine warning signs.[26]

Land Release

Croatia released a total of 62.58km² in 2009 through clearance, “mine search techniques” and general survey, exceeding National Mine Action Program targets for the year. This included 15.18km² released by clearance in areas that are confirmed mined areas and 22.68km² released by “mine search techniques,” the term Croatia gives to clearance conducted on land suspected to be contaminated as a result of general survey and for which CROMAC issues clearance certificates. A further 24.7km² of SHA was cancelled after general survey found no evidence of contamination.[27] CROMAC had planned to release a total of 37.4km² through manual clearance and “mine search techniques” and about 20km² through general survey.[28]

The cost of demining in 2009 increased 5.1% compared to 2008, and averaged HRK8.18 ($1.56) per m², without value added tax. Value added tax is usually paid on domestic funding but not on international donations.[29]

Five-year summary of land cancellation and release[30]

Survey in 2009

The Law on Humanitarian Demining does not permit demining operators to conduct technical survey.[31] CROMAC survey teams conduct only general survey to update data on hazards and to define tasks for clearance and the “mine search” procedure for which CROMAC issues clearance certificates.[32] In 2009, they cancelled 24.7km² of SHAs through general survey.[33]

Mine clearance in 2009

Clearance and “mine search” operations in 2009 resulted in the release of a total of 37.9 km²,a little more than was planned and 15% more than in 2008. This included 15.2km² cleared by manual demining, 24% more than the previous year, and 22.7 km² cleared by “mine search.”[34]

In 2009, 29 commercial companies and one NGO, Norwegian People’s Aid (NPA), conducted demining with a total of 623 deminers (610 national and 13 foreign deminers), 56 demining machines, and 34 operational mine detection dogs.[35]

Most area was cleared in 2009 by Mungos and Mungos razminiranje, the new company formed in September 2009. Their combined clearance accounted for 12.7% of the total cleared area. Other major demining operators included DOK-ING and MKA*DemING, which each accounted for more than 11% of the cleared area.[36]

More than half (54%) of the land released by clearance or “mine search” was agricultural. Infrastructure accounted for 18% and forest for 12%.[37] Clearance operations removed all mine threat from the towns of Biograd na moru and Zadar in Zadar county, Slunj in Karlovac county, the municipalities of Erdut in Osijek-Baranja county and Vojnić in Karlovac county, and from Krka National Park. [38]

Mine clearance in 2009[39]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty (and in accordance with the ten-year extension request granted in 2008), Croatia is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2019.

Croatia cleared and otherwise released or cancelled a total of 270km² of SHA between 1998, when CROMAC was set up, and the end of 2009.[40] Croatia plans to reduce 688km² of mine suspected area by the end of its extension period, including 311km² through clearance and 377km² through “mine search.”[41]

However, it has failed to achieve the targets set out in the Article 5 deadline extension request in the two years since it was approved. In 2008, it released 42.5km² compared with the target of 53km² and in 2009 it released 62.59km², significantly less than the 73km² projected in the extension request. As a result, Croatia still had 887.8km² at the start of 2010 compared with the 871km² projected in the extension request.[42]

Croatia’s National Mine Action Plan (NMAP), however, sets targets that differ from those in the extension request. Details presented at the intersessional Standing Committee meetings in Geneva in June 2010 showed area clearance under the NMAP would remain slightly behind extension request targets until 2012 but will be higher than extension request targets in subsequent years.[43]

Clearance of cluster munition contaminated area in 2009

Croatia did not distinguish in its reporting between cluster munitions and other UXO until 2010 following its adherence to the Convention on Cluster Munitions. Clearance results for 2010, however, will provide detailed information on clearance and types of cluster munition remnants found and destroyed. [44]

Compliance with Article 4 of the Convention on Cluster Munitions

Croatia signed the Convention on Cluster Munitions on 3 December 2008 in Oslo and ratified on 17 August 2009, becoming a State Party upon entry into force of the treaty on 1 August 2010.[45] Its Article 4 deadline for clearance of unexploded submunitions is therefore 1 August 2020. As noted above, as of the end of 2009, CROMAC had identified the area contaminated solely by unexploded submunitions as totaling 4.27km².[46] CROMAC reports all areas are marked according to its standing operating procedures (SOPs).[47]

Battle area clearance in 2009

CROMAC does not report on any battle area clearance.[48] The Ministry of Interior is responsible for clearing all ERW outside SHAs and police in every county have an explosive ordnance disposal (EOD) unit who clear any ERW reported.[49]

Community liaison

Every county has a demining coordinator and CROMAC works closely with coordinators, particularly on planning and prioritizing clearance operations.[50] Demining organizations are responsible for keeping communities informed on the progress of operations conducted in their vicinity.[51]

Quality management

Croatia does not have national mine action standards but adopted Rules and Regulations on Methods of Demining to guide demining.[52] CROMAC’s SOPs are said to be in line with the International Mine Action Standards and cover: survey and marking of mined areas and/or buildings; project planning; eligibility assessment for demining operators; and quality assurance (QA) and quality control (QC) of demining. In 2009, CROMAC updated its SOPs for area reduction of suspected mined areas and for marking suspected UXO contamination.[53]

CROMAC is responsible for quality management and in 2009 had 12 QA officers and 27 QC monitors.[54] QA staff conducted 1,106 checks on demining operations in 2009[55] and identified 16 cases where work was substandard. In one case, QA officers ordered a contractor to re-clear land where they found part of a PMA-2 mine.[56] QA staff also verified 307 completed demining and “mine search” tasks in 2009, sampling 571,134m² or 1.6% of the total cleared area.[57] Inspectors found missed items of UXO on three tasks and required the contractor to re-clear the task area.[58]

Safety of demining personnel

In 2009, two demining accidents caused by PROM-1 mines resulted in one death and two injuries to demining personnel.[59] Both incidents occurred on the same demining project in Sisak-Moslavina county. A machine operator sustained minor injuries in a mine explosion in July 2009 and a mine explosion during clearance operations in August 2009 killed one deminer from Heksogen and severely injured another. [60]

Between 1998 and 2009, a total of 59 deminers were involved in mine incidents, of whom 23 were killed and 36 others injured, 29 of them severely.[61]

Other Risk Reduction Measures

Mine/ERW risk education (RE) in Croatia was implemented by 14 accredited RE operators (three international and 11 national).[62]

In 2009, four organizations (the Civilian Homeland War Victims Association, Croatian Red Cross, CROMAC, and County Police Administration EOD units) organized a series of “Children in a mined environment” lectures in elementary schools.

Other RE activities were conducted by the NGO Bembo (educational short movies), Homeland War Veterans Association from Virovitica-Podravina county (lectures “Caution, weapons and mines!”), and Theatre Daska (a play “No, no MINES”). The Center for Neohumanist Studies from Karlovac provided 15,000 “Beware of mines!” picture books to elementary school students and the Croatian Red Cross produced a new educational flyer in cooperation with CROMAC. It also continued with a project to build safe children’s playgrounds in mine-affected communities.

A film company, Zagreb Film Ltd., produced an RE cartoon, titled “Expert,” funded by Japan.[63] TV and radio stations also conducted their annual RE media campaign in April (“the month of mine protection”) with conferences, lectures, plays, and roundtable discussions.[64]

Among other RE measures, CROMAC publishes mine situation maps, including cluster munition data, which are available to the public on its website and updated every week. CROMAC reports high levels of public interest in the maps, especially during the tourist season.[65]

CROMAC continued marking of SHAs in 2009 and as the end of the year these were marked by a total of 16,027 mine warning signs. In addition, areas contaminated solely by UXO were marked with 283 warning signs.[66]

Casualties

Casualties in 2009

In its Article 7 transparency report for 2009, Croatia reported seven antipersonnel mine casualties for 2009. All casualties were men; four were civilians and three were deminers.[1] This represented a decrease from the nine landmine casualties identified for 2008 and was the lowest annual casualty figure since the start of data collection. However, the number of deminer casualties was the same in both years.[2] Since 2003, the Croatian Mine Action Centre (CROMAC) did not record casualties which occurred outside of official landmine suspected areas, such as areas affected only by cluster munitions remnants or other explosive remnants of war (ERW).[3]

CROMAC recorded 1,920 mine/ERW casualties between 1991 and the end of 2009 (500 people killed and 1,420 injured). The annual casualty rate continuously decreased from 2004 to the end of 2009.[4]

Between 1993 and 1995, some 206 casualties occurring during the use of cluster munitions were reported. An additional 32 casualties from incidents involving unexploded submunitions between 1993 and 2007 were recorded.[5]

Victim Assistance

The total number of mine/ERW survivors in Croatia is unknown, but is at least 1,420.[6]

In 2009, the needs of survivors in Croatia were not assessed, but basic mine/ERW casualty data continued to be collected by CROMAC. Other state institutions managed the information on mine/ERW survivors including the Ministry of Interior, Ministry of Health and Social Welfare, and the National Institute of Public Health. However, this data could not be shared due to legal concerns related to strict privacy legislation.[7] In 2009, CROMAC committed itself to the task of unifying casualty data from all relevant state bodies in one database for use in future needs assessments.[8] Under the National Strategy of Equalization of Opportunities for Persons with Disabilities 2007–2015, a process was started to collect data and to define the category of “severe disability” in order to improve access to services for people with the greatest needs.[9]

Victim assistance coordination[10]

Croatia lacked active victim assistance coordination and a specific coordination body in 2009. Victim assistance was not yet included in the coordination of disability issues through the National Strategy of Equalization of Possibilities for Persons with Disabilities 2007–2015 and state bodies responsible for implementing the UN Convention on the Rights of Persons with Disabilities.[11]

Survivors were involved in planning and implementation of services through NGOs.[12]

Croatia provided basic reporting on casualty data and government and NGO victim assistance activities in Form J of its Article 7 report for 2009.[13]

Service accessibility and effectiveness

Victim assistance activities in 2009[14]

Overall, there were no significant changes that affected victim assistance services in Croatia in 2009.[15]

Adequate emergency care exists in Croatia, though there is still a need for a comprehensive approach to immediate assistance for survivors, including an integrated medical team for psychological support and referral.[16]

Physical rehabilitation continued to be available in clinical centers in Zagreb and in the mine-affected areas of Osijek, Rijeka, and Split. The Clinical Hospital Center in Zagreb provided rehabilitation and prosthetics in accordance with international standards, but the physical premises did not meet accessibility standards for people with disabilities.[17]

Psychological support and social inclusion services for persons with post-traumatic stress disorder remained insufficient.[18] A broad approach to psychological support was identified as a priority need for survivors and their families in 2009. Specific psychological support was needed for children whose parents had been killed by mines/ERW, and also for widows who are single mothers.[19]

In 2009, the Croatian Employment Service began new projects to increase the employability of persons with disabilities.[20] The government also improved cooperation with civil society organizations to create a network of community-based services.[21]

Croatia has a legal framework including over 200 laws and by-laws to enforce the rights of persons with disabilities.[22] However, the government was reportedly slow in introducing measures or revising relevant laws to improve the lives of persons with disabilities.  Legislation requiring access to new buildings for persons with disabilities was not always enforced, and the law did not require existing buildings to be adapted. Access to public facilities for persons with disabilities remained limited.[23] In 2009, with adequate staff capacity, the office of the Ombudsperson for Persons with Disabilities became functional.[24]

Croatia ratified the UN Convention on the Rights of Persons with Disabilities on 15 August 2007.

In 2009 Croatia continued its impressive financial contribution to its mine action program. It contributed €37,528,919 (US$52,296,549)[1] and also received €3,387,737 ($4,620,861) from the United States, the Czech Republic, Germany, and Luxembourg. Since 2005 international contributions have averaged over $5 million per year.

Since 1998, national contributions in Croatia have been comprised of funds allocated from the state budget, three World Bank loans, and funding from private companies involved in clearing mines.[2] Since 2005, Croatia’s contribution to mine action from the state and private companies has represented 86% of the mine action budget (€175,711,521/$236,806,417).[3]

International government contributions: 2009[4]

Summary of contributions: 2005–2009[5]

N/R = Not reported