Niger
Mine Ban Policy
Commitment to the Mine Ban Treaty
|
Mine Ban Treaty status |
State Party |
|
National implementation measures |
Law 2004-044 entered into force on 15 September 2004 |
|
Transparency reporting |
26 May 2009 |
Policy
The Republic of Niger signed the Mine Ban Treaty on 4 December 1997 and ratified on 23 March 1999, becoming a State Party on 1 September 1999. National implementation legislation (Law 2004-044) entered into force on 15 September 2004.[1]
As of 1 September 2011, Niger had not submitted its annual Mine Ban Treaty Article 7 report due 30 April 2010.[2]
Niger attended the Tenth Meeting of States Parties to the Mine Ban Treaty in November–December 2010 in Geneva, but did not make any statements. It did not attend the June 2011 intersessional Standing Committee meetings.
Niger is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines, but not CCW Protocol V on explosive remnants of war.
Production, transfer, stockpile destruction, and use
Niger has never produced or exported antipersonnel mines. In April 2003, Niger reported that it had destroyed its entire stock of 48 antipersonnel mines.[3] It did not retain any antipersonnel mines for training or research purposes.[4]
From 2007 to 2009 an armed insurgency took place in the north of the country with the Touareg non-state armed group (NSAG), the Niger Justice Movement (Mouvement des Nigériens pour la Justice, MNJ). In late 2009 the MNJ suffered a major split, with many of its leaders forming a new armed group, the Nigerian Patriotic Front (Front Patriotique Nigérien, FPN), which negotiated an end to conflict with the government. Niger stated on several occasions that the insurgents had not used antipersonnel mines.[5] MNJ representatives also denied any use of antipersonnel mines.[6] A media report in October 2009 stated that the FPN, a splinter faction of the MNJ, handed over some antivehicle mines during official ceremonies to reaffirm their commitment to the peace process.[7]
Niger did collect and destroy antipersonnel mines belonging to other armed groups in 2008 and 2009.[8] In March 2010, a representative of the national mine action authority in Niger told the Monitor that there were no new recoveries or surrenders of antipersonnel mines by NSAGs in 2009. He also confirmed that all antipersonnel and antivehicle mines previously seized or discovered had been destroyed.[9]
[1] Mine Ban Treaty Article 7 Report, Form A, 26 May 2005. According to Article 13 of Law 2004-044, use, production, stockpiling, or transfer of antipersonnel mines can be punished with a prison term of between 10 and 20 years, as well as a fine of XOF1million–3 million (US$2,170–$6,510). Average exchange rate for 2009: XOF1=US$0.00217. OANDA, www.oanda.com. Article 16 of the law directs that the National Commission for the Collection and Control of Illicit Weapons (Commission Nationale pour la Collecte et le Contrôle des Armes Illicites, CNCCAI) is responsible for ensuring the law’s application.
[2] Niger submitted Article 7 reports on 26 May 2009, 29 June 2006, 26 May 2005, 30 April 2004, 4 April 2003, and 12 September 2002. In addition, the Monitor received a copy of an Article 7 report dated 9 August 2001, which apparently was never received by the UN.
[3] Mine Ban Treaty Article 7 Report, Form G, 4 April 2003. Previously, Niger reported that it had no stockpile of antipersonnel mines, including for training purposes. See Landmine Monitor Report 2002, pp. 384–385.
[4] In its earlier Article 7 reports, Niger indicated that it was retaining for training purposes 949 antivehicle mines and 146 French “éclairant” (flare) mines. None are considered antipersonnel mines under the Mine Ban Treaty. In its Article 7 report submitted on 26 May 2009, Niger reported only the 146 flare mines as retained, and reported that none of the flares contained explosives. See, Mine Ban Treaty Article 7 Report, Form D, 29 June 2006, and Article 7 Report, Form D, 26 May 2009.
[5] In November 2008, Niger told the Ninth Meeting of States Parties that insurgents had not used antipersonnel mines, but have used antivehicle mines, causing both military and civilian casualties. It noted that while a previous Article 7 report had listed some suspected mined areas, subsequent investigations by the authorities found no use of antipersonnel mines. Niger confirmed again in May 2009 that no antipersonnel mines had been used by the rebels, but said it cannot guarantee that they will not be used as the conflict has not ended. See Landmine Monitor Report 2009, p. 589.
[6] See Landmine Monitor Report 2008, p. 559; and Geneva Call, “Annual Report 2008,” Geneva, undated, p. 13, www.genevacall.org.
[7] Mohamed Madou and Addine Ag Algalass, “Cérémonie officielle de remise d’armes à Agadez: D’importantes quantités d’armes et de munitions remises aux autorités” (“Official ceremony of handing over of weapons in Agadez: Large quantities of arms and ammunition handed over to authorities”), Le Sahel, 13 October 2009, www.tamtaminfo.com.
[8] See Landmine Monitor Report 2009, pp. 588–9; and Landmine Monitor Report 2010. The mines reportedly came from two sources. Media reports said that in July 2008 Niger had discovered more than 1,000 abandoned mines on the Niger-Chad border. The mines were believed to have been lifted from minefields by smugglers for resale. Others were recovered through a government-initiated program to buy mines and other weapons from traffickers to prevent them from falling into the hands of rebels. Niger said in May 2009 that the program had recovered many mines, all of which had been destroyed, but the program was halted as it actually increased the flow of arms into the country. The head of the national mine action authority (CNCCAI) told the Monitor in May 2009 that the mines acquired were old mines that had been removed from the ground, and were believed to have come from Chad. Interview with Col. Maï Moctar Kassouma, President, CNCCAI, in Geneva, 28 May 2009.
[9] Response to Monitor questionnaire by Allassan Fousseini, Consultant, CNCCAI/UNDP, Niger, 10 March 2010.
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
|
Convention on Cluster Munitions status |
State Party |
|
Participation in Convention on Cluster Munitions meetings |
Attended Second Meeting of States Parties in Beirut, Lebanon in September 2011, intersessional meetings in Geneva inApril 2012, and a regional conference in Accra, Ghana in May 2012 |
Policy
The Republic of Nigersigned the Convention on Cluster Munitions on 3 December 2008 and ratified on 2 June 2009.It was among the first 30 ratifications that triggered the convention’s entry into force on 1 August 2010.
As of 1 June 2012, Niger had yet to submit its initial Convention on Cluster Munitions Article 7 report, which was due 28 January 2011.The status of national measures to implement the ban convention, such as domestic legislation, is thereforenot known. Previously, in November 2010, a government official informed the CMC that Niger would begin to prepare a national implementation law after elections scheduled to be held in 2011.[1]
Niger participated in the Oslo Process that produced the convention and supported a comprehensive treaty without exception.[2] Niger has continued to engage in the work of the convention. It attended the Second Meeting of States Parties in Beirut, Lebanon in September 2011 and intersessional meetings in Geneva in April 2012, but did not make any statements.
Nigerparticipatedin the Accra Regional Conference on the Universalization of the Convention onCluster Munitions in Ghana in May 2012, where it made a statement and endorsed the Accra Universalization Action Plan.
Niger has not yet stated 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, and the prohibition on investment in production of cluster munitions.
Niger is party to Mine Ban Treaty.
Niger is a party to the Convention on Conventional Weapons (CCW) and attended the CCW Fourth Review Conference in Geneva in November 2011, where it opposed the conclusion of a draft protocol that would have permitted continued use of cluster munitions. Niger was one of 50 countries that endorsed a joint statement on the final day of the Review Conference stating that there was no consensus for adopting a proposed CCW protocol that would have permitted continued use of cluster munitions.[3]The Review Conference ended without reaching agreement on the draft protocol, thus concluding the CCW’s work on cluster munitions.
Use, production, transfer, and stockpiling
Niger has confirmed that it has never used, produced, transferred, or stockpiled cluster munitions.[4]
[1] CMC meeting with AbdouSeydouSayni, Vice-President, National Commission for the Collection and Control of Illicit Weapons (Commission Nationale pour la Collecte et le Contrôle des ArmesIllicites, CNCCAI), Lao PDR, 9–12 November 2010.
[2]For details on Niger’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions:Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 133–134.
[3]Joint Statement read by Costa Rica, on behalf of Afghanistan, Angola, Austria, Bolivia, Burkina Faso, Chile, Colombia, Congo, Costa Rica, Democratic Republic of Congo, Denmark, Djibouti, Dominican Republic, Ecuador, El Salvador, Ghana, Guatemala, Guinea, Guinea-Bissau, Haiti, Holy See, Honduras, Iceland, Laos, Lebanon, Lesotho, Liberia, Madagascar, Mali, Mexico, Mozambique, Namibia, Nicaragua, Niger, Nigeria, Norway, Panama, Paraguay, Senegal, Slovenia, South Africa, Spain, Sudan, Togo, Tunisia, Uganda, Uruguay, Venezuela, Zambia and Zimbabwe. CCW Fourth Review Conference, Geneva, 25 November 2011. Notes by AOAV.
[4]Letter No. 001581 from AichatouMindaoudou, Minister of Foreign Affairs and Cooperation, 3 March 2009.
Mine Action
Contamination and Impact
Niger is contaminated with both antivehicle and antipersonnel mines. The extent of any explosive remnants of war (ERW) contamination is not known.
Mines
In May 2012, Niger reported to States Parties for the first time that it was contaminated by antipersonnel mines in at least one small confirmed mined area covering 2,400m2.[1] The mines, which were laid by French forces during the colonial era, were contaminating an area in Madama around a border post with Libya in the Agadez region. It reiterated this information in its most recent Mine Ban Treaty Article 7 report, submitted in November 2012, which referred to five other suspected hazardous areas: Zouzoudinga, Achouloulouma, Orida, Bilma, and Enneri, all in the Agadez region.[2] In its previous Mine Ban Treaty Article 7 report for 2008, Niger had reported no areas in which antipersonnel mines were known or suspected. It further stated that antipersonnel mines had never been used in Niger.[3] In its previous Article 7 report, covering April 2005 to March 2006, Niger declared eight suspected areas: the plateaus of Djado, Karama, Manguéni, and Tchigai; the Afafi and Air mountain ranges; the Talak plain; and the Emi Fezzan region.[4]
Antivehicle mine contamination in particular is known to exist especially in the Agadez region in the north, where the army has been fighting a non-state armed group, the Niger Justice Movement (Mouvement des Nigériens pour la Justice, MNJ) and some splinter factions. The extent of contamination has not yet been determined.[5] An incident in February 2009 that cost the lives of six Gambians occurred on the border between Niger and Libya.[6]
Cluster munition remnants and other explosive remnants of war
The nature and extent of any ERW contamination in Niger is not known. There is no evidence of any contamination from cluster munition remnants. The Convention on Cluster Munitions entered into force for Niger on 1 August 2010.
Mine Action Program
Key institutions and operators
|
Body |
Situation on 1 January 2012 |
|
National Mine Action Authority |
CNCCAI |
|
Mine action center |
None, but working group on mine action |
|
International demining operators |
None |
|
National demining operators |
Nigerian armed forces |
|
International risk education (RE) operators |
Handicap International (HI), UNICEF |
|
National RE operators |
CNCCAI |
Mine action in Niger is under the authority of the National Commission for the Collection and Control of Illicit Weapons (Commission Nationale Pour la Collecte et le Contrôle des Armes Illicites, CNCCAI), which is primarily responsible for dealing with small arms and light weapons. The commission reports directly to the president and one of its functions is to monitor Law 2004–044 on the implementation of the Mine Ban Treaty.[7] A working group on mine action was established in 2008.
The Anti-Mine Action Plan 2009–2013 was presented at a workshop organized on the International Day of Mine Action in 2009. Under the plan, Niger is seeking to develop the CNCCAI’s capacity to coordinate mine action, set up a mine action database, conduct demining, “implement and coordinate a risk education program,” and promote international humanitarian law relating to mines and ERW, among other things. Specific demining objectives include the following:
· procure demining equipment;
· conduct training in mine clearance;
· begin identifying, marking, and where possible, clearing suspected areas while the conflict is ongoing; and
· complete clearance operations once the conflict is over.[8]
In its most recent Article 7 report, Niger called for more than US$500,000 of international funding for its demining plan.[9]
Land Release
In March 2011, Niger stated that a total of 120km of routes had been demined and marked with the financial support of UNDP; this included the destruction of one antivehicle mine and five ERW.[10] A June 2011 survey with support from Geneva Call identified one confirmed mined area and five suspect mined areas.[11]
Survey in 2011
The detail of any formal survey activities in 2010 has not been reported.
Mine clearance in 2011
No details of any antivehicle mine clearance in 2011 have been reported.
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Niger was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 September 2009. Niger decided not to request an extension to its expired treaty deadline despite calls from ICBL to do so. It is not clear why it is unable to clear a small mined area measuring only 2,400m2. Its current compliance with the treaty is highly uncertain.
Demining by non-state armed groups
It is not known if the MNJ has conducted any demining. The MNJ and two splinter groups laid down their arms in 2009 following a mediation process led by Libya, though a formal peace accord has not yet been signed. The MNJ’s political leadership attended the Second Meeting of Signatories to Geneva Call’s Deed of Commitment held in June in Geneva 2009, where it reiterated the movement’s policy of not using antipersonnel mines and its readiness to sign the Deed of Commitment.[12]
[1] Statement of Niger, Mine Ban Treaty Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Geneva, 22 May 2012.
[2] Article 7 Report, Form C, November 2012.
[3] Ibid., 26 May 2009.
[4] Ibid., 29 June 2006.
[5] Geneva International Centre for Humanitarian Demining (GICHD), “Niger: Synthese d’informations de l’action contre les mines et les restes explosifs de guerre - dont sous-munitions” (“Niger: Overview of information on mine action and ERW - including submunitions”), Second Seminar of African Francophone Seminar on Mine and ERW Action, Dakar, Senegal, 2–4 November 2009.
[6] “Gambia: 7 Gambians Die in Sahara Desert…as Vehicle Hits Landmine,” The Daily Observer (Banjul), 19 February 2009, http://allafrica.com.
[7] Law 2004-044, Article 16. See Eric Debert, “Rapid Assessment,” UNDP, December 2007, p. 33.
[8] CNCCAI, “Plan d’Action Anti-Mine 2009–2013” (“Mine Action Plan 2009–2013”), 31 December 2009, www.bibliomines.org.
[9] Article 7 Report, Form C, November 2012.
[10] Email from Allassan Fousseini, Consultant, CNCCAI, 8 March 2011.
[11] Article 7 Report, Form C, November 2012.
[12] Geneva Call, “Annual Report 2009,” Geneva, May 2010, p. 9.
Casualties and Victim Assistance
Casualty Overview
|
All known casualties by end 2011 |
343 mine/ERW casualties (75 killed; 268 injured) |
|
Casualties in 2011 |
0 (2010: 12) |
In 2011, no mine or explosive remnants of war (ERW) casualties were identified in Niger. In January 2012, however, three Nigerian soldiers were killed and one injured when their car drove over an antivehicle mine.[1] In 2010, 12 casualties were identified.[2]
In 2010, the National Commission for the Collection and Control of Illicit Weapons (Commission Nationale pour la Collecte et le Contrôle des Armes Illicites, CNCCAI) reported a total of 319 (66 killed; 253 injured) mine/ERW casualties in Niger between 2007 and 2009, the period during which the majority of casualties in Niger occurred.[3] Between 1999 and the end of 2011, the Monitor identified a total of 343 mine/ERW casualties (75 killed; 268 injured), including 12 casualties identified prior to 2007 and 12 in 2010.[4]
Victim Assistance
As of the end of 2011, the total number of mine/ERW survivors in Niger was at least 268.[5]
CNCCAI is the government focal point for victim assistance but its role has been largely limited to advocacy within the government on behalf of survivors due to lack of funds. The Ministry of Population and Social Reforms serves as the government focal point on disability issues. Niger lacks a specific victim assistance plan, but victim assistance is mentioned in the Anti-Mine Action Plan 2009–2013.[6]
Victim assistance services are severely limited, particularly in the Agadez region, where most survivors are. Handicap International (HI) launched a victim assistance program in 2010. During 2011, no physical rehabilitation care existed in the country; the ICRC supported the Niamey national hospital in reactivating its orthopedic department, due to open in 2012.[7]
Niger ratified the Convention on the Rights of Persons with Disabilities on 24 June 2008.
[1] “Saisie de roquette RPG-7, AK-47 et 1 tonne de résine cannabis en moins d'un mois,” ActuNiger, 23 January 2012, www.actuniger.com, accessed on 4 April 2012.
[2] Email from Allassan Fousseini, Consultant, CNCCAI/UNDP, 4 May 2010.
[3] Ibid., 10 March 2010.
[4] ICBL, Landmine Monitor Report 2004: Toward a Mine-Free World (New York: Human Rights Watch, October 2004), www.the-monitor.org.
[5] Emails from Allassan Fousseini, CNCCAI/UNDP, 10 March 2010; Xavier Joubert, HI, 9 March 2011; Allassan Fousseini, CNCCAI/UNDP, 4 May 2010; and Kotoudi Idimama, UNICEF Niger, 25 February 2011.
[6] Email from Allassan Fousseini, CNCCAI/UNDP, 10 March 2010.
[7] ICRC, “Annual Report 2011,” Geneva, May 2012, p. 196.
Support for Mine Action
Support for Mine Action
Niger is contaminated with both antivehicle and antipersonnel mines. The extent of contamination from antivehicle mines is unknown but there is at least one mined area containing antipersonnel mines, located near a former French military base, now a Niger frontier post with Libya.[1]
Niger received international assistance in 2010 and 2011 from Switzerland. In 2010, Switzerland contributed US$124,617 towards mine action, and in 2011 it contributed CHF183,468 (US$207,208) to Handicap International and UNDP/National Commission for the Collection and Control of Illicit Weapons (Commission Nationale Pour la Collecte et le Contrôle des Armes Illicites, CNCCAI) for mine action.[2]
Summary of international contributions in 2010–2011
|
Year |
Amount (US$) |
|
2011 |
207,208 |
|
2010 |
124,617 |
|
Total |
331,825 |
[1] ICBL-CMC, “Country Profile: Niger: Mine Action,” updated 2012.
[2] Response to Monitor questionnaire by Claudia Moser, Section for Multilateral Peace Policy, Federal Department of Foreign Affairs, Switzerland, 31 May 2011.