Mine ban policy overview

Policy

The People’s Democratic Republic of Algeria signed the Mine Ban Treaty on 3 December 1997, ratified it on 9 October 2001, and became a State Party on 1 April 2002. Algeria believes that existing national laws, including the penal code, are sufficient to deal with implementation and any violations of the Mine Ban Treaty.[1]

Algeria submitted its eleventh Mine Ban Treaty Article 7 report in March 2013.[2]

Algeria participated actively in the Twelfth Meeting of States Parties to the Mine Ban Treaty in Geneva in December 2012, where it served as vice-president of the meeting and as co-chair of the Standing Committee on Victim Assistance and Socio-Economic Reintegration. Algeria also participated in the intersessional Standing Committee meetings in Geneva in May 2013 where it provided an update on its clearance progress since receiving an extension on its Article 5 obligations.

Algeria is not party to the Convention on Conventional Weapons (CCW).

Production, transfer, use, and stockpile destruction

Algeria has never produced or exported antipersonnel mines but did import and use them in the past. On 21 November 2005, Algeria completed the destruction of its stockpile of 150,050 antipersonnel mines.

In May 2010, Algeria wrote to the Monitor that no additional stockpiles of mines belonging to the armed forces had been discovered after completion of its stockpile destruction program.[3] Algeria’s previous Article 7 reports indicated small numbers of antipersonnel mines were discovered by citizens or security personnel each year.[4] However, Algeria has not reported any new seizures of antipersonnel mines since February 2010. From 2006 to early 2010, Algeria revealed that it had seized a total of 3,119 antipersonnel mines which had been harvested from existing mined areas and used for illegal purposes.[5] Algeria’s Article 7 report for 2010 included a table of the eight cases referred to the courts from December 2006 to February 2010 as a result of the seizure of the mines; it provides the outcome, the penalty, and the statute under which each case was tried.[6] Algeria previously informed the Monitor, “As subject matter of the criminal case, anti-personnel mines are confiscated for the benefit of the Public Treasury and delivered with a written report to the competent judicial police officers of the Gendarmerie Nationale to be ultimately destroyed.”[7]

Mines retained for training

Algeria did not report consumption of any mines retained during 2012, but stated that it “holds no more than 5,970 mines under article 3,” which was the same number that it has reported retaining in every year since December 2009.[8] Despite having a large clearance program, Algeria has not reported on the actual uses of its retained mines, a step agreed by States Parties in 2004.

Algeria initially decided to retain 15,030 antipersonnel mines upon the completion of the destruction of its stockpile. After consuming just 90 mines in training, it announced in late 2008 that it would reduce the number of mines retained to a level of 6,000.[9] A total of 8,940 mines were subsequently destroyed at events witnessed by the international community in December 2008 and March 2009.[10]

Policy

The People’s Democratic Republic of Algeria has not yet acceded to the Convention on Cluster Munitions.

Algeria last made a substantive comment on the matter of joining the ban convention in December 2009, when an official told the Monitor that the government had decided not to sign the convention “at the present time” after different relevant authorities conducted a study that took into consideration the internal situation in Algeria, its huge borders, and the positions of neighboring countries.[1]

In the past, Algeria expressed a preference for cluster munitions to be addressed within the Convention on Conventional Weapons (CCW), but it has not indicated if this policy will be reviewed following the 2011 failure to conclude a CCW protocol on cluster munitions.

Algeria participated in several meetings of the Oslo Process, but did not attend the Dublin negotiations in May 2008 or the Oslo signing conference in December 2008.[2] Wikileaks released a United States (US) Department of State cable in September 2011 that shows US officials met with Algeria’s Ministry of Foreign Affairs in February 2008 and “urged Algeria not to adopt any language that would interfere with cooperation efforts aimed at non-state parties.”[3]

Algeria participated in an international meeting on cluster munitions in Santiago, Chile in June 2010 and attended the convention’s intersessional meetings in Geneva since 2011, but has not attended any subsequent meetings relating to the convention. It was invited to, but did not attend, the Fourth Meeting of States Parties to the Convention on Cluster Munitions in Lusaka, Zambia in September 2013.

Algeria is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Algeria is not known to have used, produced, or exported cluster munitions. It is thought to have a stockpile of cluster munitions. Jane’s Information Group notes that KMG-U dispensers that deploy submunitions are in service for aircraft of the Algerian Air Force.[4] Also according to Jane’s, it possesses Grad 122mm, Uragan 220mm, and Smerch 300mm surface-to-surface rockets, but it is not known if these include versions with submunition payloads.[5]

Contamination and Impact

Overall Mine Action Performance: GOOD AND IMPROVING[1]

Mines

The People’s Democratic Republic of Algeria is affected by antipersonnel mines and explosive remnants of war (ERW) as a result of World War II, the French colonial occupation, and the insurgency of the 1990s. During Algeria’s struggle for independence, mines were laid by the French along the Challe and Morice lines on the eastern and western borders of the country. Algeria has estimated that more than 10 million mines were laid,[2] with a density of more than three mines per square meter in some instances.[3] In 2011, Algeria declared that all suspected minefields located along its southwest border have been cleared; meaning that remaining contamination is located in the northwest and east of the country only.[4]

Algeria conducted a first clearance phase from 1963 to 1988, during which some 500km² of mined areas were cleared by manual and mechanical means, resulting in the destruction of more than 7.8 million antipersonnel mines.[5] A second clearance phase began in November 2004. Algeria has reported that as of end 2013, more than 68.7km² of mined areas were released by manual clearance, resulting in destruction of 897,751 antipersonnel mines, of which 79% were found during planned clearance operations.[6] In April 2014, the Algerian Ministry of Defence announced that more than 75.7km² of mined areas had been released as of 31 March 2014.[7]

In 2009, Algeria reported that two portions of the Challe and Morice mine belts had been preserved as “historical sites” of its national liberation struggle. The two areas were located in Tebessa and Bechar.[8] The mined area in Tebessa was cleared in October 2011 with the disposal of 927 antipersonnel mines (427 were destroyed and the remaining 500 were “neutralized,” meaning the detonator and explosive was removed). In May 2012, technical survey of the second area, in Bechar, found no mines and the area was released.[9]

The precise extent of contamination today is not known, though Algeria reported in June 2011 that confirmed mined areas along the Challe and Morice lines covered more than 13.5km².[10] Algeria reported that, as of the end of 2013, a total of 23 communes with mined areas over a length of 295km remained in the east of the country, down from 25 in 2012: eight in El Tarf, seven in Souk Ahras, three in Guelma, and five in Tebessa.[11] In the west, 10 minefields over a length of 188km remained to be addressed: eight in Tlemcen and two in Nâama.[12]

Occasionally, “isolated” antipersonnel mines are also found outside known mined areas. Between January 2007 and December 2013, 1,079 mines were found in such circumstances.[13] In addition, the north of the country is said to be contaminated by an unknown number of artisanal mines and other explosive items laid by insurgent groups.[14]

The total number of mine survivors in Algeria is unknown. As of November 2013, the Monitor had identified 6,848 mine casualties since 1962 (3,265 killed and 3,583 injured). In April 2014, Algeria noted that no new victims have been reported during the past two years.[15]

Cluster munition remnants and other explosive remnants of war

It is not known to what extent Algeria is contaminated with ERW. It has not reported publicly on its destruction of ERW during demining operations. There is no evidence that Algeria is affected by cluster munition remnants.

Mine Action Program

In 2003, a presidential decree set up the Interministerial Committee on the Implementation of the Mine Ban Treaty, which is the governmental focal point for all mine action activities. All demining activities are carried out by the Algerian Army; their clearance capacity is not known.

In 2006, a joint mine action capacity building project was established with the UNDP. The project was initially planned to last three years, but was extended until December 2013.[16] In April 2014, the UNDP Resident Representative in Algeria explained that the project aimed to facilitate implementation of Algeria’s mine action strategy as well as to support national authorities efforts on mine risk education.[17] The outputs and outcomes of this project have not been publicly reported.

Strategic Planning

In 2011, Algeria calculated that six years would be needed to complete clearance of its remaining minefields in accordance with its extended Article 5 deadline of April 2017. It noted, however, that sometimes deminers are called away for urgent demining operations elsewhere in the country, which could impact on the ability to complete clearance in time.[18] It also noted that demining is “particularly challenging” in three mined areas in the northwest of the country: at Moghrar oasis, at Tiout, and at a third mined area close to the town of Ain Sefra.[19]

Algeria’s August 2011 extension request included a detailed work plan for 2012–2017 containing annual milestones against which progress could be compared. By the end of April 2014, Algeria projected that operations would be underway in four wilayas (Nâama, El-Taref, Souk-Ahras, and Tebessa) and would have concluded in Tlemcen. Operations in Guelma would only start in 2015.[20] As of April 2014, clearance was ongoing in Tlemcen, Nâama, Tebessa, Souk-Ahras, and El-Taref.[21]

Land Release

The Algerian Army conducts all land release operations in the country. Algeria reported in its August 2011 extension request that it would only use manual clearance during demining operations because machines were not considered a sufficiently reliable clearance method and could not be used in mountains or on rocky terrain.[22] Algeria reported clearing more than 5.5km² of mined areas in six locations across three provinces in 2013, destroying more than 76,000 antipersonnel mines.

Mined area clearance in 2013[23]

Clearance output in 2013 was a significant increase (more than 67%) on that achieved in 2012, with 3.3km² reported cleared.[24]

Five-year summary of mine clearance[25]

Article 5 Compliance

Under Article 5 of the Mine Ban Treaty and in accordance with the five-year extension granted in 2011, Algeria is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 April 2017.

In March 2011, Algeria requested a five-year extension to its Article 5 deadline, citing as justifications for its inability to complete clearance on time the delay in initiating clearance operations, the choice of purely manual demining, climatic conditions, and the extent of contamination.[26] In August 2011, a revised extension request was submitted providing a clearer picture of the remaining problem.[27]

In December 2013, Algeria stated that clearance operations were proceeding according to the work plan set out in its extension request.[28] In April 2014, Ministry of Defence officials claimed that the pace of operations makes it likely that clearance would be completed by 2017.[29]

Support for Mine Action

Algeria has systematically funded its mine action program through its own resources, though it has never provided details of expenditure or cost estimates for clearance operations.

Recommendations

Algeria should maintain its demining efforts to meet its 2017 deadline.

Algeria should ensure clear data on both the total mined area remaining to be released as well as the precise quantity of land cleared per region are publicly shared and available.

Action points based on findings

·         Develop central data collection mechanisms on casualties and the needs of victims to improve planning of victim assistance.

·         Formally adopt the victim assistance action plan, developed in collaboration with NGOs and mine survivors.

·         Ensure that all victims are registered and therefore able to receive pensions and other benefits; an estimated third of all victims were unregistered.

Victim assistance commitments

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

Casualties Overview

In 2013, the Monitor identified 78 casualties from victim-activated improvised explosive devices (IEDs) in Algeria.[1] The large majority (59) were military and security forces while the rest (19) were civilians. There were no child casualties; this is a decrease compared to the seven in 2012. Nearly all casualties were male; but there was at least one female casualty.[2] It is likely that the total number of casualties was higher, since no annual casualty data has been provided by the Interministerial Committee on the Implementation of the Mine Ban Treaty (Interministerial Committee) since 2008. Casualty data was gathered from media reports.[3]

The total of 78 casualties identified in 2013 constitutes a significant increase compared to the number of casualties identified in previous years (51 in 2012; 35 in 2011; and 33 in 2010). However, the lack of a central data collection mechanism and annual casualty rate fluctuations in recent years make it difficult to identify trends.[4]

The total number of mine casualties in Algeria is unknown. As of March 2011, there were 2,325 mine survivors, as well as 439 widows and 739 descendants of victims killed in mine incidents registered with the Ministry of the Mujahidin.[5] In October 2009, it was reported in the media that there had been at least 6,762 mine casualties since 1962 (3,236 killed; 3,526 injured).[6] The total of 6,928 casualties reported by the Monitor represents this figure plus all casualties identified since October 2009. No information was available on casualties caused by ERW.

Victim Assistance

As of March 2011, there were 2,325 registered mine survivors in Algeria.[7] In October 2009, it was reported that there were at least 3,551 mine survivors in Algeria.[8]

Victim assistance in 2013

In 2013, national and local civil society organizations noticed improvements in the accessibility of services and renewed interest from public authorities to make services more accessible to persons with disabilities. In particular, improvements were noticed in the health sector and in access to rehabilitation care and to benefits for mine/ERW survivors.[9] All registered victims, including survivors as well as the family members of those killed by mines, are entitled to benefits through the ministries of mujahidin, national solidarity, and health. These benefits include healthcare and pensions.[10] In 2013, the amount of this pension increased.[11] However, the estimated number of victims remains significantly higher than the number of registered victims.[12]

Assessing victim assistance needs

In 2012, Handicap International (HI) finalized the survivor identification process which had begun in 2009.[13] HI, together with local NGOs, assessed the needs of survivors in six wilayas (provinces). The gathered data was shared during a national seminar in April 2013 with survivors, disabled persons’ associations (DPOs), and government authorities in order to assist in program planning, identifying priorities for mine action, and directing survivors more effectively to existing services. The data informed the development of a new victim assistance action plan and in the implementation of economic integration micro-projects for mine/ERW victims and persons with disabilities funded by the Ministry of National Solidarity and the UNDP.[14]

As of early 2014, a survey on disability to be conducted by the National Study and Analysis Center (CENEAP) was under development with the aim of building a long-term vision of the structures and training needed for improved assistance to persons with disabilities in Algeria.[15]

Victim assistance coordination[16]

The Interministerial Committee coordinates victim assistance in cooperation with the ministries of mujahidin and national solidarity.[17] In 2013, there were periodic victim assistance coordination meetings.[18] Between March 2013 and February 2014, these meetings, coordinated by the Interministerial Committee and the Ministry of National Solidarity, Family and the Status of Women, mostly focused on the development of a new victim assistance plan based on the needs assessment conducted by HI and partner NGOs. This plan was finalized in March 2014 and expected to be formerly adopted by the government in 2014.[19]

Algeria did not deliver a statement on victim assistance and socio-economic inclusion at the Thirteenth Meeting of States Parties to the Mine Ban Treaty in December 2013. Algeria did not provide information on victim assistance activities in Form J of its 2013 Mine Ban Treaty Article 7 report.[20]

Inclusion and participation in victim assistance

Throughout 2013, survivors were included in the development of the new victim assistance action plan. They have also been involved in non-governmental coordination on victim assistance; in data collection on new victims; in the design and implementation of awareness activities, inclusive education and economic inclusion projects; and in psychological support to survivors and their families.[21]

Service accessibility and effectiveness

Victim assistance activities in 2013[22]

In 2013, efforts by the Algerian authorities to improve access to health services began to have an impact on mine/ERW survivors.[23] On 3 December 2012, the National Employee Social Insurance Fund (Caisse Nationale des Assurances Sociales des Travailleurs Salariés, CNAS) and the National Office for Rehabilitation of Persons with Disabilities signed an agreement to include coverage of all orthopedic equipment within CNAS.[24] In 2013, mine/ERW survivors as well as other persons with disabilities had access to most equipment (orthopedics, wheelchairs, etc.) free of charge while CNAS covered 80% of the costs of smaller prosthetics and audio-equipment.[25]

In 2013 Algerian authorities also took steps to reduce the administrative and bureaucratic barriers for persons with disabilities, including mine/ERW victims, by announcing the opening of a specific desk for vulnerable persons at the offices of the Directorate of Social Action and Solidarity (Direction de l'action sociale et de solidarité, DASS) in all wilayas. This is expected to improve access to social services and access to financial support, in particular, around transport and education.[26]

HI continued its programs for mine/ERW survivors and other persons with disabilities with a focus on psychosocial support, economic inclusion, inclusive education, and access to the labor market for youth and women with disabilities. HI continued to provide training and supervision for psychologists working with victims and their families. It also set up economic inclusion micro-projects adapted to mine/ERW victims and other persons with disabilities. The design of these micro-projects was informed by the needs assessment led by HI in collaboration with local NGOs and financed with the support of the Interministerial Committee and UNDP.[27]

The law prohibits discrimination against persons with disabilities in employment, in education, in access to healthcare, and in the provision of other state services. However, the government did not effectively enforce the law in 2013 and there was widespread social discrimination against persons with disabilities. Few government buildings were accessible to persons with disabilities.[28] Algeria ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 4 December 2009.

The People’s Democratic Republic of Algeria has estimated that more than 10 million landmines were laid along its eastern border with Tunisia and its western border with Morocco. All demining in Algeria is carried out by the army.[1]

Algeria’s revised Article 5 deadline extension request, submitted in August 2011, requested an extension for a further five years (until 1 April 2017) to clear all remaining known mined areas. The request, however, failed to include any reference to cost and funding needs for that period.[2] Algeria does not receive international support for its mine action program and it has never provided details of expenditure or cost estimates from its national or military budget for clearance operations or victim assistance.