Commitment to the Convention on Cluster Munitions

Policy

The Republic of Senegal signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 3 August 2011.[1] The convention entered into force for Senegal on 1 February 2012.

In May 2013, a government official informed the CMC that Senegal would enact specific legislation to enforce the provisions of the ban convention in domestic law, but the process had not started yet.[2] In April 2012, Senegal first indicated its intent to adopt implementing legislation for the convention.[3]

Senegal submitted its initial Convention on Cluster Munitions Article 7 report on 3 October 2012, covering the period from 26 April 2011 to 26 April 2012.[4] As of 27 June 2013, Senegal had not yet provided its updated annual Article 7 report which was due by 30 April 2013.

Senegal actively participated in the Oslo Process that created the convention and sought a total and immediate ban on cluster munitions with no exceptions.[5] Senegal continued to engage enthusiastically in the work of the convention in 2012 through the first half of 2013, promoting its universalization on several occasions. At the Third Meeting of States Parties in Oslo, Norway in September 2012, Senegal called on all states that had not yet ratified to do more to complete this obligation and fully participate in the work of the convention.[6]

At the convention’s intersessional meetings in April 2013, Senegal called on all states to mobilize and strengthen their efforts to promote the ban convention with states that have not yet joined and noted the contributions of the strong coalition of NGOs. [7]

At a regional meeting held in Lomé, Togo in May 2013, Senegal urged all states to join the convention and urged all African states which have not yet joined the convention to do so in 2013.[8]

Senegal has not made a national statement condemning Syria’s use of cluster munitions, but on 15 May 2013 it voted in favor of a UN General Assembly (UNGA) resolution that strongly condemned “the use by the Syrian authorities of...cluster munitions.”[9] Senegal also endorsed the Lomé Strategy on the Universalization of the Convention on Cluster Munitions at the regional meeting in May 2013, which expresses “grave concern over the recent and on-going use of cluster munitions” and calls for the immediate end to the use of these weapons.[10]

Senegal is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Interpretive issues

Senegal has expressed its views on a number of important issues relating to the interpretation and implementation of the convention. In 2012, Senegal stated its view that assistance with acts prohibited under the convention during joint military operations with states not party is prohibited by the convention. Senegal said that its commitment to humanitarian disarmament prevents it from participating in any military operations using cluster munitions.[11]

In 2011, Senegal stated that it considers foreign stockpiling and transfer of cluster munitions a violation of the convention. On the issue of investment in cluster munition production, Senegal expressed its view that investment in cluster munitions would similarly be prohibited by the convention.[12]

Use, production, transfer, and stockpiling

Senegal has never used, produced, transferred, or stockpiled cluster munitions.[13]

Contamination and Impact

Senegal is affected by mines and other explosive ordnance, the result of fighting between the Senegalese armed forces and the Movement of Democratic Forces of Casamance (Mouvement des Forces Démocratiques de Casamance, MFDC) in Casamance.[1] The districts of Djibanar (formerly called Diattacounda), Niaguis, and Nyassia, situated between the Senegal river and the border with Guinea-Bissau, have been identified as the most contaminated.[2]

Mines

There is not yet a precise assessment of the extent of contamination, although the most credible estimate was provided in May 2012. Senegal informed the intersessional Standing Committee meetings that 36 suspected localities covering an estimated area of 3.5km² required technical survey and might require clearance.[3] Handicap International (HI) has estimated that total contamination covered some 5km².[4] In March 2011, Senegal had estimated that contamination across 106 suspected hazardous areas (SHAs) covered an estimated area of some 13.2km².[5]

An Emergency Landmine Impact Survey (ELIS) in 2005–2006 had estimated that approximately 11km² of land and 63km of tracks/paths were mine-affected across 149 SHAs in 93 “localities.” In 2008, Senegal acknowledged that the ELIS “might have overestimated the number of affected areas.”[6] At the same time, however, it was not possible to visit certain suspected areas during the ELIS.[7] Subsequently, an additional 11 SHAs were found in 2011 in Gouraf in Ziguinchor region that were not included before in the ELIS.[8] The total number of other SHAs identified has not been reported. In May 2012, Senegal stated that survey had been suspended in Bignona department for security reasons.[9]

Cluster munition remnants and other explosive remnants of war

Internal armed conflict has also resulted in a problem with explosive remnants of war (ERW). In a voluntary Article 10 annual report, submitted prior to becoming a State Party to Convention on Conventional Weapons (CCW) Protocol V on ERW, Senegal noted that ERW were mainly found in the Casamance region.[10] There is no evidence of any problem with cluster munition remnants.

Mine Action Program

Key institutions and operators

The National Commission for the Implementation of the Ottawa Convention (National Commission) serves as the National Mine Action Authority for Senegal. Demining operations in Casamance are coordinated by the Senegalese National Mine Action Center (Centre National d’Action Antimines du Sénégal, CNAMS). Regional mine action coordination committees have been established in Kolda, Sédhiou, and Ziguinchor.[11] Each regional committee is chaired by the respective Governor.[12]

Sporadic technical assistance, in particular through a technical or chief technical advisor, has been provided to the program by UNDP since June 2008.[13] In May 2012, without referring specifically to UNDP, Senegal stated that “slowness in the procedures of certain partners” had “significantly delayed the initiation and conduct of projects.”[14]

A revised strategic mine action plan was adopted by the National Commission in November 2009.[15] In March 2012, Senegal reported that a demining plan had been validated and was being implemented in the framework of funding provided by the European Commission.[16]

HI remained the only international demining operator in Senegal during 2011. It expected to continue operations until mid-September 2012 under European Commission funding contracted by UNDP. It was not known whether HI would continue mine action operations in Senegal after that date and the question of who would use the demining machine procured in 2011 once that contract expired remained to be clarified by CNAMS.[17] In May 2012, CNAMS noted that Norwegian People’s Aid had decided to support Senegal through the establishment of a mine action program in Senegal. Another demining operator was also being contracted.[18]

Program evaluations

The first program evaluation was planned for the end of 2009.[19] This does not appear to have taken place. None has since been reported.

Land Release

In 2011, HI cleared nine mined areas totaling almost 29,000m². HI had 23 deminers in two manual clearance teams and one mechanical team.[20] In 2010, HI cleared 7,800m² from two sites.

HI procured a Digger 3 demining machine in 2011, which arrived in Senegal at the end of May.[21] CNAMS has noted that the demining machine has improved productivity.[22] Indeed, in 2012 through mid-May, HI reported that it had already conducted technical survey of 24,924m² and clearance of 94,554m².[23]

 Five-year summary of land release: 2007–2011

N/R = Not reported

Survey in 2011

According to Senegal, survey has resulted in a better understanding of SHAs in Senegal with the result that precise information has been obtained for eight of the nine departments in Casamance. Security has prevented the completion of survey in Bignona.[24] HI has reported releasing seven areas totaling 58,632m² through technical survey  in 2011.[25]

Mine clearance in 2011

During mine clearance of nine mined areas covering a total of 28,976m², HI reportedly destroyed 31 antipersonnel mines, three antivehicle mines, and four items of unexploded ordnance (UXO).[26] Senegal has reported total clearance for 2011, though this seems to include release by technical survey , of 19 SHAs and 108,591m².[27]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty (and in accordance with the seven-year extension request granted in 2008), Senegal 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 2016.

In granting the extension request, the Ninth Meeting of States Parties noted that Senegal “does not yet have a clear knowledge of size and location of areas that will actually warrant mine clearance.” It further observed that “the commitment made by Senegal to undertake technical survey activities and to develop a cancellation procedure may result in implementation that proceeds much faster than that suggested by the amount of time requested and in a more cost-effective manner.”[28]

At the Second Review Conference, Senegal expressed its hope that it would have fulfilled its Article 5 obligations before 2015 if the peace process continues.[29] Senegal previously stated its intention not to seek a second extension period, except for “truly exceptional circumstances.”[30] Concerns remain, however, that Senegal will not meet its revised Article 5 deadline. In May 2012, Senegal reported that it had released by clearance and technical survey a total of only 320,000m² since demining operations effectively began in 2008, with clearance of 215 antipersonnel mines.[31]

Demining by non-state armed groups

The MFDC is not known to have carried out any humanitarian demining.

Quality management

The Senegalese Mine Action Standards (Normes Sénégalaises d’Action Antimines) were developed in 2008–2009 and adopted in May 2009 by the National Commission.[32] A quality control team with four inspectors was set up within CNAMS. From July 2009 through 29 June 2010, an international technical advisor for quality assurance supported the mine action program.[33] Clearance operations completed in Bacounoume, Darsalam, Etafoune, and Kaguitte have undergone quality control. Cleared land in these areas was handed over in March 2011.[34]

Safety of demining personnel

There were no demining accidents in 2011.[35]

Risk Education

In 2011, 300 elementary and primary school teachers were trained and have integrated risk education into their lessons.[36]

Casualties and Victim Assistance

Summary Findings

·         Reduced government funding to Kenya Psychiatric Center in 2012 suspended its outreach program that had previously provided psychological support to mine survivors unable to access the center

·         Survivors found accessing mainstream employment and educational programs and initiatives difficult

·         By the end of 2012, the only public provider of rehabilitation services in the region ceased producing prosthetics due to the absence of a trained technician

Victim assistance commitments

The Republic of Senegal is responsible for a significant number of survivors of landmines and explosive remnants of war (ERW) who are in need. Senegal has made commitments to provide victim assistance through the Mine Ban Treaty.

Casualties Overview

In 2012, the Monitor identified 24 mine/ERW casualties in Senegal.[1] Of these 24 mine/ERW casualties, the Senegalese National Mine Action Center (Centre national d’action antimines au Sénégal, CNAMS) identified 16 mine casualties.[2] The 24 casualties identified for 2012represents a slight decrease from the 32 casualties in 2011, but it is still a significant increase from recent years.[3] This rise in the annual casualty rate is explained by the increase in mine casualties among combatants (20 of the 24 casualties). Nearly all casualties in 2012 occurred in the north of Casamance, near the border with Gambia. Since 2011, violent conflict intensified in the region between the Senegalese government forces and the rebel group Movement of Democratic Forces of Casamance (Mouvement des forces démocratiques de Casamance, MFDC).[4] Fluctuations in the security situation in Casamance have resulted in variable annual mine casualty rates in Senegal over the last several years.[5] In 2012, at least two organizations believed that continued mine risk education and demining efforts were preventing even more significant increases in the number of casualties during the year.[6]

There were four civilian casualties reported in 2012, all male and including three persons from Gambia. There were no casualties among children identified during the year.

The Monitor identified at least 824 casualties (175 killed; 636 injured; 13 unknown) between 1988 and the end of 2012.[7] This included 570 civilian casualties and 241 military casualties.[8] CNAMS registered a total of 805 casualties (178 killed; 627 injured) of which 568 were civilians and 236 were military.[9] Since 2005, all reported casualties have been caused by mines.[10]

Victim Assistance

By the end of 2012, there were at least 636 mine/ERW survivors in Senegal, including 429 civilian and 207 military survivors. CNAMS reported 627 survivors through the end of 2012.[11]

Victim assistance since 1999[12]

Most mine/ERW survivors in Senegal live in the Casamance region where services are much more limited than elsewhere in the country. Senegal has reported on several occasions that it is committed to victim assistance, but at the same time has acknowledged that needs were not being met due to a lack of resources. The government relied on international and national NGOs, including the Senegalese Association of Mine Victims (Association sénégalaise des victimes de mines, ASVM) and Handicap International (HI) to implement activities. Years of conflict and continued intermittent violence devastated infrastructure and prevented access to services.

Throughout 2012, emergency medical care was limited and response times depended on the location of the incident; the army provided assistance. Follow-up medical care was only available in the two regional hospitals, which had sufficient capacity but had equipment that only worked intermittently and experienced shortages of supplies. These two hospitals and their satellite centers also provided physical rehabilitation. Improvements in the availability of free follow-up medical care and physical rehabilitation were noted at the Ziguinchor Regional Hospital (CRAO) in 2012.[13] In addition to shortages of supplies and materials, there were reports of long waiting lists.

Psychosocial support has been provided by the Kenya Psychiatric Center (Centre psychiatrique de Kenya) and ASVM, with the support of the CNAMS. However, financial support from CNAMS to the center to offer their services outside Ziguinchor was not provided in 2012.[14] The center was the only facility providing psychological support to mine survivors and other persons with disabilities for all regions of Casamance, but in practice these services were only accessible to survivors living in the south, due to the center’s distance from the northern regions and the lack of transportation.[15] Throughout the period, economic reintegration and education opportunities for survivors were inadequate because there were few programs targeting survivors and survivors had difficulties accessing broader programs for all vulnerable groups. Military survivors received separate services, which were mostly free of charge and better, but still had gaps.[16]

Assessing victim assistance needs

In 2012, the CNAMS continued to use and regularly update the data on survivors’ needs that was collected in October 2009 in the implementation of the National Victim Assistance Action Plan 2010–2014 (Plan d’action national pour l’assistance aux victimes, PANAV).[17] During 2012, local and international organizations joined efforts, under the coordination of HI, to gather information on direct and secondary victims, mainly focusing on child survivors. This survey informed the development of access to education for identified victims.[18] ASVM also began a survey to identify victims and assess their needs; it was expected to be completed in 2013.[19]

Victim assistance coordination in 2012[20]

In 2012, CNAMS held meetings of the CRC every three months. The CRC, established in 2011, brings together CNAMS with local and international organizations working in the region under the chairmanship of the Governor of the Casamance region.[21] Further monthly coordination meetings took place in 2012 between representatives of CNAMS and of ASVM.[22]

Senegal’s PANAV included a mechanism for monitoring and evaluating progress in its implementation, though no reports had been made available that compared victim assistance progress against PANAV through the end of 2012. Evaluation of the PANAV and its impact was scheduled to take place in June 2013.[23]

Senegal provided updates on mine casualties and on progress and challenges for victim assistance at the Mine Ban Treaty intersessional Standing Committee meetings in Geneva in May 2012 at the Twelfth Meeting of States Parties to the Mine Ban Treaty in Geneva in December 2012,  and in its Mine Ban Treaty Article 7 report for the 2012 calendar year.[24]

Inclusion and participation in victim assistance

Mine/ERW survivors were involved through ASVM and international organizations in the design of victim assistance programming.[25] In 2012, survivors participated in national and regional victim assistance coordination meetings through ASVM.[26]

Service accessibility and effectiveness

Victim assistance activities[27]

In 2012, there was increased availability of victim assistance services focused on improving social inclusion and access to education for children affected by mines/ERW.[28] The escalation of violence in the northern part of the Casamance region since 2011 decreased access to all victim assistance services for survivors in this geographic area, as transportation was limited.[29] Overly bureaucratic procedures, the centralization of victim assistance services in the regional capital, and the fact that assistance was not affordable prevented many survivors from accessing services, particularly physical rehabilitation.[30] However, in 2012, the CRAO hospital in Ziguinchor worked towards providing free medical services to mine/ERW victims.[31]

In 2012, the government, through CNAMS, increased funding for materials for prosthetics.[32] However, as of the end of 2012, CRAO, the only public provider of rehabilitation services in the region, ceased producing prosthetics following the transfer of one technician and the death of another, leaving the center with no trained technician. Meetings between the regional government, CNAMS and the ICRC SFD did not identify a solution to replace the technicians, placing continued ICRC SFD support in jeopardy.[33]

The Kenya Psychiatric Center continued providing psychological support to mine survivors in 2012. However, because of lack of funding by CNAMS since November 2011, services that were formerly provided through outreach visits in rural areas were not available throughout 2012. Therapy sessions through art were introduced for mine/ERW victims with the collaboration of a local association called Bokart.[34]

The CAOSP of Ziguinchor continued to provide mine/ERW victims with educational and career advice specifically targeted and adapted to their needs. However, such services were only provided in the regional capital of Ziguinchor, and the CASOP recognized that the issue of accessibility of such services to victims in other areas was a key challenge.[35] In 2012, the government increased funding for educational support to child and youth survivors.[36] At the same time, a project established by HI, UNICEF, and ASVM in 2011 to provide children affected by mines/ERW with educational kits and improve their access to education could not continue due to lack of funding. [37]

Two new projects were established by HI focusing on social inclusion through sports and on access to HIV/AIDS care for persons with disabilities and mine/ERW victims.[38]

Senegalese law prohibits discrimination against persons with disabilities in employment, education, access to health care, and the provision of other state services. The government did not enforce these provisions adequately in 2012. The law also mandates accessibility for persons with disabilities, but there remained a lack of infrastructure to assist them.[39]

Senegal ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 7 September 2010. Through to the end of 2012, national implementation mechanisms had not yet been approved; however, a Special Counsel to the President of Senegal was appointed on the issue of disability.[40]

In 2012, the Republic of Senegal received US$5.7 million in international assistance from three donors. The European Union (EU) awarded MECHEM a €4 million ($5.1 million) contract to clear mines in the Casamance region. Norway contributed NOK3 million ($515,632) to Norwegian People’s Aid and Switzerland provided CHF55,000 ($58,654) to Geneva Call.[1] The government of Senegal contributed $230,000 to its mine action program, as it has done since 2008. In June 2013, Senegal reported it would double its national contribution to $460,000 per year starting in 2013.[2]

International contributions: 2012[3]

Summary of contributions: 2008–2012[4]