Mine ban policy overview

Policy

The People’s Republic of China has not acceded to the Mine Ban Treaty.

At the treaty’s Third Review Conference in June 2014, China stated that “given its national conditions and national defense needs China still could not accede to the convention at this stage” repeating a similar statement made at the Thirteenth Meeting of States Parties to the Mine Ban Treaty in Geneva in December 2013, and previous meetings.[1] China stated that it “ascribes to the goal and principles” of the treaty and “highly appreciates the humanitarian embodied within the convention.”[2]

China did not participate in the Ottawa Process, but it has attended all of the Mine Ban Treaty’s Review Conferences held in 2004, 2009, and 2014 as well as most of the treaty’s Meetings of States Parties and many of the intersessional meetings held in Geneva, including in April 2014.

On 5 December 2013, China voted in favor of UN General Assembly (UNGA) Resolution 68/30, calling for universalization and full implementation of the Mine Ban Treaty, as it has every year since 2005.

China’s policy toward the Mine Ban Treaty and other humanitarian issues is reviewed by an interministerial committee, the China National Committee of International Humanitarian Law, which meets every two years and is chaired by the Vice-Premier and includes the foreign ministry among others.[3]

China is not a party to the Convention on Cluster Munitions. It is a party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines.

Production, transfer, and use

In the past, China was one of the world’s largest producers and exporters of antipersonnel mines.[4] Since 1997, antipersonnel mine production in China has been limited to mines with self-destruct and self-deactivation mechanisms which are compliant with CCW Amended Protocol II.[5] Officials told the Monitor in 2008 that production facilities were either idle, permanently closed, or converted to manufacture other products.[6] In 2012, a Foreign Ministry official informed the Monitor that there was no ongoing large-scale production of antipersonnel mines, but a small number of new antipersonnel mines were produced for research purposes by the military.[7]

In 1996, China announced a formal moratorium on the export of any mines that do not comply with Amended Protocol II. In practice, China is not known to have exported any type of antipersonnel mine since that time. Recently manufactured, Chinese-made, remotely-delivered Type-84 antivehicle mines were used in Libya in 2011 and in Syria in April 2014.[8]

In June 2014, Chinese representatives informed the Monitor that no new antipersonnel mines have been used in the country in the past decade and acknowledged antipersonnel mines no longer play a prominent role in China’s defense doctrine.[9] Previously, in 2012, a Foreign Ministry official confirmed that no new minefields had been laid.[10] In 2011, a Chinese official noted that the country maintains a small number of minefields “for national defence.”[11]

Stockpiling and destruction

In June 2014, China informed Landmine Monitor that it currently stockpiles five million antipersonnel mines, a great reduction from the 110 million previously cited by the Monitor.[12] Chinese officials have often disputed that estimate, but it wasn’t until a meeting with Landmine Monitor in June 2014 that Chinese representatives clarified for the record that the current stockpile is less than 5 million antipersonnel mines.[13] In a statement to the Third Review Conference, China said it has destroyed “several hundred thousand old and dysfunctional” antipersonnel mines “over the last two decades” and said “only a very limited number of [CCW] protocol compliant [antipersonnel mines] were kept for defense purpose.”[14]

China has reported annually on the destruction of antipersonnel mines since the late 1990s, but has not provided details on the numbers and types destroyed.[15]

Policy

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

In September 2013, a government representative told States Parties that the convention “is an important achievement in addressing the humanitarian problems caused by cluster munitions” and acknowledged “significant progress has been made in terms of universality of the Convention, destruction of storage and stockpile, victim assistance and clearance of cluster munition remnants.”[1] The representative stated that “China is of the hope that the international community continue working for a realistic and feasible solution to the issue of cluster munitions, taking into consideration both humanitarian concerns and legitimate military needs of each country” but in this connection noted its “active and constructive part in relevant international efforts under the framework of the Convention on Certain Conventional Weapons.”[2]

Until 2008, China stated that existing international humanitarian law was sufficient to deal with the issue of cluster munitions. It then threw its support behind a proposed cluster munitions protocol of the framework of the Convention on Conventional Weapons (CCW) to which it is party. In November 2011, the CCW’s Fourth Review Conference failed to agree on a draft protocol on cluster munitions and China has not proposed that the CCW address the matter of cluster munitions in the period since.

China did not participate in the Oslo Process that produced the Convention on Cluster Munitions.[3] When the convention was opened for signature in Oslo in December 2008, China issued a statement saying that it would continue to work for an “early and proper solution on the humanitarian problems arising from cluster bombs.”[4]

Despite not joining, China has participated in the work of the Convention on Cluster Munitions. It has attended, as an observer, every meeting of States Parties, including the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, as well as intersessional meetings of the convention held in Geneva in April 2014 and June 2011.

China, in its capacity as a permanent member of the UN Security Council, endorsed a resolution on 27 May that expressed concern over the use of cluster munitions in South Sudan.[5]

China is not party to the Mine Ban Treaty.

Use

China has repeatedly stated that it has never used cluster munitions anywhere in the world.[6] In September 2013, China described the “irresponsible use and transfer” of cluster munitions as “the main cause of global humanitarian concerns” and urged that Convention on Cluster Munitions States Parties “explicitly establish the ‘the user to clear’ principle, i.e. the users of cluster munitions shall bear the responsibility for clearance of cluster munition remnants.”[7]

Production, transfer, and stockpiling

China has acknowledged to the Monitor that it produces, stockpiles, and exports cluster munitions.

In March 2012, a government official stated that “China has a strict policy on exporting weapons including cluster munitions. Export of such weapons should not go against China’s relevant laws and regulations, and that without export license issued by the competent authorities [sic] is also not allowed.”[8]

China Northern Industries (NORINCO) produces a range of conventional air-dropped and surface-launched cluster munitions including bombs, artillery projectiles, and rockets. The Sichuan Aerospace Industry Corporation produces and markets 302mm (WS-1, WS-1B, and WS-1E) and 320mm (WS-2) unguided multiple-launch surface-to-surface artillery rockets. Among the warheads available for these rockets are “armor-defeating and killing double use cluster,” “comprehensive effect cluster,” and “sensor fused cluster.”[9] In April 2012, China’s Baicheng Weapon Test Center provided information on a terminal sensing sub-projectile cluster munition rocket.[10] Additionally, a number of China’s ballistic missile systems are reported to have warheads that contain conventional explosive submunitions, but few details are available.[11]

Cluster munitions produced in China[12]

  Note: DPICM = dual purpose improved conventional munitions; AP = Antipersonnel; AT = Antitank; APAM = Antipersonnel/Antimaterial; CEM = Combined Effects Munition; SFW = Sensor Fuzed Weapon.

In 2010, China stated that it “always takes a cautious and responsible attitude towards the transfer of arms including…cluster munitions.”[13] While the full extent of Chinese exports of cluster munitions is not known, cluster munition remnants of Chinese origin have been found in Iraq, Israel, Lebanon, and Sudan. Hezbollah fired more than 100 Chinese Type-81 122mm rockets containing Type-90 (also called MZD-2) dual purpose improved conventional munition (DPICM) submunitions into northern Israel in July/August 2006. Submunitions from these weapons were also found in southern Lebanon by UN and Lebanese deminers after the cessation of the conflict.[14]

Another type of DPICM submunition of Chinese origin, called Type-81, was found and photographed by American deminers in Iraq in 2003.[15] The United States (US) military’s unexploded ordnance identification guide also identifies the Chinese 250kg Type-2 dispenser as being present in Iraq.[16] Additionally, the NGO Landmine Action identified a Rockeye-type cluster bomb with Chinese language external markings in Yei, Sudan in October 2006.

Contamination and Impact

Despite earlier statements to the contrary, the People’s Republic of China remains affected by landmines. The extent of contamination is not known.

In the 1990s, the United States (US) reported that China had emplaced mines along its borders with India, the Russian Federation, and Vietnam.[1] China’s military estimated that around two million mines of a wide variety of types were emplaced on the Vietnam border alone.[2]

China conducted clearance operations along its border with Vietnam between 1992 and 1999[3] and between 2005 and 2009.[4] In 2009, China said it had completed demining along the Yunnan section of its border with Vietnam and that this “represents the completion of mine clearance of mine-affected areas within China’s territory.”[5] However, casualties from landmines continue to be reported in parts of Yunnan bordering Vietnam where some areas are marked as mine-affected.[6] Press reports say one to two people are injured in landmine incidents in this region every year.[7]

Moreover, in September 2011 a Foreign Ministry official reported to Landmine Monitor that China maintains a small number of minefields “for national defense.”[8] Two months later, at the Eleventh Meeting of States Parties, China said large-scale demining activities had “on the whole eliminated the scourge of landmines in our territories.”[9] China has not reported on mine contamination along its borders with Russia and India or on operations to clear them.

Mine Action Program

There is no formal mine action program in China. Mine clearance is conducted by the People’s Liberation Army (PLA) as a military activity.

Land Release

Demining of the Vietnam border was conducted in three “campaigns” in Yunnan province and Guangxi Zhuang Autonomous Region. The first was in 1992–1994 and the second in 1997–1999. Press reports cited claims by the Chinese military that this second clearance operation was the largest in world military history.[10]

However, these two campaigns did not deal with minefields located in disputed areas of the border, where 500,000 mines covered an estimated 40km². After a technical survey of mined areas, China embarked on a third clearance campaign in Guangxi Zhuang Autonomous Region and Yunnan province in 2005. China stated in 2009 that it had completed clearance of this border after clearing a total of 5.15km².[11]

Casualties

No new mine casualties were identified by the Monitor in the People’s Republic of China in 2013.[1] In 2011, in Malipo District (Yunnan province) seven civilians were injured by antipersonnel mines.[2]

The cumulative number of casualties in China is not known. However, it was reported in the media in 2014 that 14,398 civilians had been disabled by explosive remnants of war (ERW), of which 1,113 were injured by landmines.[3] The cumulative number is higher, as these figures only include injured civilians and do not include either civilians who died in landmine incidents or military casualties. Field research in 2001 identified 5,707 mine/ERW casualties, mostly in Wenshan prefecture in Yunnan province.[4] Chinese media has repeatedly cited local authorities in Yunnan province as reporting that Wenshan prefecture has had some 6,000 landmine casualties since 1979.[5]

Victim Assistance

There are at least 14,398 landmine and ERW survivors in China, all of whom are civilians.[6] The number of military survivors is unknown.

While mine/ERW survivors generally receive the same services as other persons with disabilities, government regulations exist entitling persons who are disabled by ERW to financial assistance ranging from CNY360 (US$53) to CNY5160 ($762) per year, to some physical rehabilitation services at no cost, and to assistance in securing employment.[7] The ICRC provided prostheses for 29 mine/ERW survivors in 2013.[8]

China ratified the Convention on the Rights of Persons with Disabilities (CRPD) on 1 August 2008.

China provides international mine action assistance through the ministries of foreign affairs and defense. It provides support to mine-affected countries based on need, local conditions, and ensuring capacity-building and sustainability.^[1] In 2008 it was reported the annual budget for mine action support was approximately CNY6 million (US$863,595).^[2] Since then, China has not reported an annual financial contribution to mine action.

China however, contributes to international humanitarian demining operations by sending engineers to participate in UN peacekeeping operations in Lebanon, through the provision of demining equipment to mine-affected countries, and by training deminers through its humanitarian demining training course. According to the Ministry of Foreign Affairs, from 1999 to 2008 China conducted eight humanitarian demining training programs for 360 trainees from 15 countries including Afghanistan, Angola, Bosnia and Herzegovina, Burundi, Chad, Eritrea, Guinea-Bissau, Mozambique, and Thailand.^[3] China does not report costs associated with these activities.

2009

China contributed CNY2 million ($292,796) to Colombia for mine clearance.^[4]

In September 2009 China trained 38 deminers from Iraq and Afghanistan at the People’s Liberation Army University of Science and Technology in Nanjing, in Jiangsu province.^[5]

January–March 2010

In January, China donated 70 mine detectors and accessories to Egypt.^[6] China also sent four experts to Egypt to train local deminers.^[7]

In March China provided 50 security kits for demining and 50 mine detectors worth LKR50 million ($438,197)^[8] to Sri Lanka.^[9]

Also in March, China sent a 106-member team to the DRC for an eight-month UN peacekeeping operation. This team was part of the 11th peace-keeping team sent by China to the DRC since 2003, and will be joined by a second team. The team, all from the Lanzhou Military Area Command, will carry out landmine detection as well as airport maintenance and medical care.^[10]