Ecuador
Mine Ban Policy
Policy
Ecuador signed the Mine Ban Treaty on 4 December 1997 and ratified it on 29 April 1999, becoming a State Party on 1 October 1999. Ecuador initiated a process in 2008 to adopt national implementation measures, including penal sanctions as required by Article 9.[1]
Ecuador submitted its 16th Mine Ban Treaty Article 7 report on 29 June 2011.
Ecuador attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, as well as the intersessional Standing Committee meetings in June 2011.
Ecuador is party to the Convention on Conventional Weapons and its Amended Protocol II on landmines and Protocol V on explosive remnants of war, but has not submitted an Article 13 report for Amended Protocol II since 2008.
Production, transfer, stockpiling, and retention
Ecuador did not produce or export antipersonnel mines in the past. Ecuador completed destruction of its stockpile of antipersonnel mines in January 2002, destroying a total of 260,302 mines.[2]
According to its June 2011 Article 7 report, Ecuador has a total of 910 mines retained for training, after destroying 90 mines during training in 2010.[3] Ecuador reported that the mines it retains under Article 3 are used for “training and research” but did not provide further details about their purpose.
Use
The Monitor knows of no government use of antipersonnel mines in Ecuador since the Cenepa border war with Peru concluded in 1998.[4]
[1] In April and May 2008, Ecuador stated that the National Humanitarian Demining Center (Centro National de Desminado Humanitario, CENDESMI), the National Commission for Human Rights, the National Congress Parliamentary Commission for Human Rights, and the ICRC had prepared a reform of the penal code for antipersonnel mines. Mine Ban Treaty Article 7 Report, Form A, 25 April 2008; and response to Monitor questionnaire by Bolívar Torres Cevallos, President, CENDESMI, 6 May 2008, p. 1.
[2] Mine Ban Treaty Article 7 Report, Form G, 30 April 2009. Ecuador revised this total several times. See Landmine Monitor Report 2004, p. 402.
[3] Mine Ban Treaty Article 7 Report, Form D and Form G2. Ecuador said in 2000 it would retain 16,000 mines, then said in 2001 it would only keep 4,000, a number later revised to 3,970. It then destroyed 1,970 retained mines on 11 August 2004 and another 1,001 on 4 August 2007. Mine Ban Treaty Article 7 Report, Form G, 30 April 2009; Landmine Monitor Report 2008, p. 333; and Landmine Monitor Report 2004, pp. 402–403. June 2011. This includes 750 TAB-1, 126 VS-50, 22 P-4B, six PRB-M35, and six PMD-6M mines.
[4] Ecuador’s reporting on mined areas laid from 1995-1998 indicates that the country used antipersonnel mines after signing the Mine Ban Treaty in 1997, but prior to entry into force in 1999. See Landmine Monitor Report 2004, p. 401.
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
Convention on Cluster Munitions status |
State Party |
National implementation legislation |
Law Amending the Penal Code and Criminal Procedure Code for the Classification and Prosecution of Crimes Committed in the Military and Police (2010) |
Stockpile destruction |
Completed stockpile destruction in 2004 |
Participation in Convention on Cluster Munitions meetings |
Attended Fourth Meeting of State Parties in Lusaka in September 2013 and intersessional meetings in Geneva in April 2014 |
Policy
The Republic of Ecuador signed the Convention on Cluster Munitions on 3 December 2008, ratified on 11 May 2010, and the convention entered into force for the country on 1 November 2010.
Ecuador amended its penal code on 19 May 2010 to enforce the Convention on Cluster Munitions by providing penal sanctions of up to 16 years imprisonment for activities relating to cluster munitions.[1]
Ecuador submitted its initial Convention on Cluster Munitions Article 7 report on 23 June 2011.[2] As of 27 June 2014, it has yet to provide the latest annual updated Article 7 report due by 30 April 2014.
Ecuador participated fully in the Oslo Process that produced the Convention on Cluster Munitions and hosted a regional meeting in Quito in November 2008 to promote signature.[3]
Since 2008, Ecuador has continued to show strong support for the convention. It participated in the convention’s Meeting of States Parties held in 2010, 2011, and the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, where it made a statement.[4] Ecuador attended the convention’s intersessional meetings in Geneva in 2012, 2013, and April 2014, where it made statements on national implementation measures and universalization.[5]
Ecuador participated in a regional workshop on cluster munitions held in Santiago, Chile in December 2013.
In October 2013, Ecuador reiterated its commitment to the Convention on Cluster Munitions.[6] In April 2014, Ecuador welcomed the engagement of observer countries in the work of the ban convention and urged these nations to accede to the convention. It also proposed that the convention consider appointing a special envoy to promote its universalization as has been done by the Mine Ban Treaty.[7]
Ecuador has not condemned the Syrian’s government’s use of cluster munitions.
Ecuador is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
In November 2008, Ecuador provided a detailed statement on its views concerning some key issues of interpretation and implementation. It stated that transit of cluster munitions should be prohibited; the number of units retained for training should not be greater than 1,000 and should reduce with time; Article 21 (on interoperability) should never be used to justify any derogation from the convention’s core prohibitions; and the article should not be interpreted as suspending other obligations under the convention. It said the spirit of Article 21 is to promote universalization of the convention.[8]
Use, production, transfer, and stockpiling
Ecuador has stated several times that it has not used, produced, or transferred cluster munitions.[9]
In the Article 7 report, Ecuador declared that it destroyed a stockpile of 117 BL-755 cluster bombs in October 2004 and now has no stockpiled cluster munitions.[10]
Ecuador has declared that it is not retaining any cluster munitions for training or research purposes.[11]
[1] See 2012 ban policy entry on Ecuador for full analysis of the law. Law Amending the Penal Code to the Definition of Crimes Committed in the Military and Police (Ley Reformatoria al Código Penal y Código de Procedimientos Penal para la Tipificación y Juzgamiento de los Delitos Cometidos en el Servicio Militar y Policial) adopted 19 May 2010. Statement of Ecuador, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 15 September 2011. Ecuador’s initial Article 7 report made no mention of the penal code amendment, stating “no aplica” under national implementation measures. Convention on Cluster Munitions Article 7 Report, Form A, 23 June 2011.
[2] The report covers the period from 1 January 2010 to 30 April 2011.
[3] For details on Ecuador’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 71–72.
[4] Statement of Ecuador, Convention on Cluster Munitions Fourth Meeting of State Parties, Lusaka, 10 September 2013.
[5] Statement of Ecuador, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014.
[6] Statement of Ecuador, UN General Assembly First Committee on Disarmament and Arms Control, New York, 29 October 2014.
[7] Statement of Ecuador, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014.
[8] Presentation of Ecuador, “Interpretive Statement,” Quito Regional Conference on the Convention on Cluster Munitions, 6 November 2008. It also stated that it would have preferred a ban on all cluster munitions without exceptions; the establishment of the principle of retroactivity is key; the definition of victim assistance is a pillar of the convention; and international cooperation is fundamental.
[9] Statement of Ecuador, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 15 September 2011; statement of Ecuador, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by Action on Armed Violence (AOAV); statement of Ecuador, International Conference on the Convention on Cluster Munitions, Santiago, 8 June 2010. Notes by AOAV; and presentation of Ecuador, “Interpretive Statement,” Quito Regional Conference on the Convention on Cluster Munitions, 6 November 2008.
[10] Convention on Cluster Munitions Article 7 Report, Form B, 23 June 2011. In November 2010, a government representative informed the Monitor that Ecuador had destroyed a stockpile of 200 BL-755 bombs in 2004 that it had acquired from the United Kingdom in 1978 as part of the purchase of an aircraft. “Bomba Cluster BL755 en el Ecuador” (“BL755 Cluster Bomb in Ecuador”), undated document provided to the CMC by the Ecuadorian delegation, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010.
[11] Convention on Cluster Munitions Article 7 Report, Form C, 23 June 2011.
Mine Action
Contamination and Impact
Overall Mine Action Performance: POOR[1]
Performance Indicator |
Score |
Problem understood |
4 |
Target date for completion of clearance |
4 |
Targeted clearance |
5 |
Efficient clearance |
4 |
National funding of program |
6 |
Timely clearance |
4 |
Land release system |
6 |
National mine action standards |
7 |
Reporting on progress |
5 |
Improving performance |
4 |
MINE ACTION PERFORMANCE SCORE |
4.9 |
Three provinces in the south of the Republic of Ecuador (Morona Santiago, Pastaza, and Zamora Chinchipe) remain contaminated with antipersonnel mines and, to a much smaller extent, antivehicle mines and unexploded ordnance (UXO), resulting from the 1995 conflict with Peru. The most heavily mined section of the border is the Condor Mountain Range (Cordillera del Cóndor), which was at the center of the conflict.[2]
In its 2008 Article 5 deadline extension request, Ecuador reported 128 suspected hazardous areas (SHAs) covering an estimated 0.5km2.[3] In 2010, Ecuador and Peru exchanged information on mined areas located on and across their shared border. As a result, Ecuador inherited 13 SHAs covering almost 1.5km2, tripling its 2008 estimated contaminated area across the five provinces of El Oro, Loja, Morona Santiago, Pastaza, and Zamora Chinchipe with 11,524 antipersonnel mines.[4] As of December 2013, Ecuador reported that remaining mine contamination covered almost 0.3km2 and contained 12,363 recorded mines in 27 mined areas.[5] Morona Santiago is the most mine-affected province both in terms of the number of mined areas and the number of mines.
Mined areas reportedly remaining as of December 2013[6]
Provinces |
Mined areas |
SHA (m2) |
Antipersonnel mines |
Morona Santiago |
11 |
213,055 |
8,266 |
Zamora Chinchipe |
6 |
75,919 |
4,068 |
Pastaza |
10 |
10,000 |
29 |
Totals |
27 |
298,974 |
12,363 |
Orellana province has been declared clear of mines based on results of survey in the province while Loja and El Oro provinces were declared cleared of mines in 2012 following clearance operations.[7]
The true extent of Ecuador’s contamination problem remains somewhat fluid due to the continued process of information exchange between Ecuador and Peru on mined areas. Peru is said to have handed over the last of its mined areas in January 2014, but new areas may be found and exchanged between Ecuador and Peru due to topography and terrain.[8]
Mine Action Program
The Ecuadorian Demining Center (CENDESMI) is an interministerial body responsible for coordinating mine action operations, which are conducted by the Army’s Demining General Command. CENDESMI is chaired by the Ministry of Foreign Affairs.
Until October 2013, the Organization of American States (OAS) provided technical oversight and quality assurance of clearance. OAS monitoring of demining was conducted by military personnel through the OAS Inter-American Defense Board.[9] OAS activities in Ecuador were scaled down across all aspects throughout 2013 as it focused on strengthening national capacity in preparation for full national ownership of the mine action program. An extensive risk education program coordinated by OAS with the Army’s Demining General Command concluded in June 2013 with a final workshop in Morona Santiago province to train local authorities and teachers from 13 Shuar indigenous communities.[10] By October, the OAS’s monitoring support structure at the military base in Morona Santiago province had been dismantled.[11]
Under the Binational Cooperation Program (Programa Binacional de Cooperación) established in 2000, Ecuador and Peru adopted in April 2013 a Binational Manual for Humanitarian Demining (Manual Binacional de Desminado Humanitario) with a view to unifying the demining procedures of both countries in accordance with the International Mine Action Standards (IMAS).[12] In December 2013, the joint Ecuador-Peru Binational Humanitarian Demining Unit of 30 deminers conducted its first demining exercise in Morona Santiago on the Ecuadorian side of the border. A second exercise was planned for the Peruvian side of the border for April 2014.[13]
Land Release
In 2013, land release in Ecuador continued at a slow pace with reported release of a total of 19,163m2 of contaminated area through cancellation of 6,832m2 as well as through technical survey and clearance of 12,331m2. Three mined areas were released through cancellation and clearance; 175 antipersonnel mines were destroyed.[14] This equates to roughly a third of the 57,000m2 reported released in 2012 and 40% of the 47,757m2 reported for the previous year.[15] The rate of release in 2010–12 can be attributed to the fact that areas subject to mechanical clearance in Loja and El Oro provinces proved not to be mined, having already been excavated by commercial companies seeking construction materials.[16]
The significantly lower rate in 2013 may be due to Ecuadorian demining personnel being able to work just 42% of its planned 180 work days between January and end September 2013, losing 105 work days to a combination of weather, helicopter unavailability, holidays, and other unspecified factors.[17] In addition, Ecuador conducted an impact study in Morona Santiago and Zamora Chinchipe provinces in May–July 2013 that resulted in a temporary increase of 80 SHAs until it was determined that they were outside Ecuadorian national borders.[18]
Land release in 2009–13[19]
Year |
Mined areas cleared |
Area canceled by survey (m2) |
Area cleared/ released (m2) |
Total area released (m2) |
Antipersonnel mines cleared |
Antivehicle mines cleared |
2013 |
3 |
6,832 |
12,331 |
19,163 |
175 |
0 |
2012 |
16 |
47,106 |
10,187 |
57,293 |
203 |
0 |
2011 |
23 |
6,667 |
41,090 |
47,757 |
29 |
0 |
2010 |
24 |
9,000 |
29,500 |
38,500 |
5 |
2 |
2009 |
10 |
0 |
8,191 |
8,191 |
85 |
3 |
Totals |
76 |
69,605 |
101,299 |
170,904 |
497 |
5 |
Article 5 Compliance
Under Article 5 of the Mine Ban Treaty (and in accordance with the eight-year extension granted by States Parties in 2008), Ecuador is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible but not later than 1 October 2017.
At the June 2011 Standing Committee meeting on mine clearance, Ecuador reiterated its commitment to the goals of the Mine Ban Treaty, noting that clearance was occurring in accordance with the timeline set out in its Article 5 deadline extension request and that it had increased the number of deminers from 60 to around 100 as planned.[20]
In its Article 7 report for 2013, Ecuador reported that an area of 298,974m2 (0.299km2) remained to be released.[21] Ecuador has planned to release approximately 35% of the remaining contamination by December 2016, totaling some 0.1km2, leaving 65% or 0.2km2 to be released within 10 months until October 2017.[22] Ecuador claimed in April 2014 to be on track to meet its extended clearance deadline.[23] But given low annual clearance rates and total release of less than 265,000m2 since demining operations began[24]—less than the total estimate of remaining contamination—this is open to doubt. Indeed, Ecuador questioned its own ability to meet its deadline in 2012 when a Ministry of Defense brochure disseminated at the Standing Committee meetings in Geneva stated that Ecuador expected to complete clearance by 2023.[25] With the possibility of discovery of new SHAs and more canceled workdays, Ecuador’s release projections for the next few years appear optimistic at best and unrealistic at worst.
Support for Mine Action
No information is available for Ecuador’s national contributions for 2013. In 2012, Ecuador reported contributing US$2 million to its own mine action program, the same as in 2011.[26]
Recommendations
· Ecuador should review and, if necessary, revise its clearance plan to account for additional mined areas found on the Ecuador/Peru border.
· Ecuador should consider how it can increase its slow clearance rate and provide a detailed explanation to States Parties on how it intends to release the remainder of its mined areas by its Article 5 deadline.
· Ecuador should ensure all reporting is consistent and should provide clear and regular explanations for data fluctuations.
· Ecuador should seek assistance for external monitoring and auditing of its mine action program.
[1] See “Mine Action Program Performance” for more information on performance indicators.
[2] Organization of American States (OAS), “Regional Profile: Ecuador-Peru Border,” OAS Mine Action Project Portfolio 2009–10.
[3] Mine Ban Treaty Article 5 deadline Extension Request, 31 March 2008, p. 20.
[4] Mine Ban Treaty Article 7 Report (for 2011), Form C, 27 April 2012.
[5] Mine Ban Treaty Article 7 Report (for 2013), Form C, 28 April 2014. These figures include the final two SHAs totaling 68,000m2 handed over from Peru in January 2014. Data in email from Léon Aviles, Minister, Permanent Mission of Ecuador to the UN in Geneva, 20 April 2014.
[6] Mine Ban Treaty Article 7 Report (for 2013), Form C, 28 April 2014.
[7] Mine Ban Treaty Article 7 Report (for 2012), Form C, 24 April 2013.
[8] Email from Léon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 6 May 2014.
[9] Email from Carl Case, General Coordinator, Comprehensive Action against Antipersonnel Mines and Assistance for Control of Arms and Munitions, OAS, Washington, 19 March 2014.
[10] Ibid.
[11] Ibid.
[12] Statement of Ecuador, Standing Committee on Mine Clearance, Geneva, 11 April 2014.
[13] Ibid.; and email from Léon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 9 May 2014.
[14] Mine Ban Treaty Article 7 Report (for 2013), Form G, 28 April 2014; and email from Léon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 30 April 2014.
[15] Mine Ban Treaty Article 7 Report (for 2012), Form G, 24 April 2013; and Article 7 Report (for 2013), Form G, 28 April 2014.
[16] Email from Carl Case, OAS, 21 April 2014.
[17] Ibid., 23 April 2014.
[18] Email from Léon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 6 May 2014.
[19] Mine Ban Treaty Article 7 Report (for 2013), Form G, 28 April 2014; and data provided by email from Léon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 30 April 2014.
[20] Statement of Ecuador, Standing Committee on Mine Clearance, Geneva, 20 June 2011.
[21] Mine Ban Treaty Article 7 Report (for 2013), Form C, 28 April 2014.
[22] Ibid.
[23] Email from Leon Aviles, Permanent Mission of Ecuador to the UN in Geneva, 25 April 2014.
[24] Mine Ban Treaty Article 7 Report (for 2013), Form J, 28 April 2014.
[25] In Spanish, “CGDEOD ha planificado terminar con el proceso de liberación de tierras de las minas antipersonales en el país hasta el ano 2023” (“The CGDEOD—General Commander of Demining and EOD—has planned to complete the process of release of antipersonnel mined areas in the country by 2023). Comando General de Desminado, “Unidad Militar de Ingenieria Que Trabaja Por Su Seguridad” (“Military Engineering Unit That Works For Your Safety”), undated.
[26] Joint Statement of Peru and Ecuador on Cooperation and Assistance, Twelfth Meeting of States Parties, Geneva, 6 December 2012.
Support for Mine Action
In 2012, the Republic of Ecuador reported contributing US$2 million to its own mine action program, the same amount as in 2011.[1]
In 2012, international contributions from Norway and Belgium towards mine action in Ecuador totaled $332,827. All these contributions were sent through the Organization of American States (OAS). The United States (US) has discontinued its support to the Ecuador mine action program.[2]
International contributions: 2012[3]
Donor |
Sector |
National currency |
Amount ($) |
Norway |
Clearance |
NOK1,800,000 |
309,379 |
Belgium |
Clearance |
€18,235 |
23,448 |
Total |
|
|
332,827 |
Summary of contributions: 2008–2012[4]
Year |
National ($) |
International ($) |
Total budget ($) |
2012 |
2,000,000 |
332,827 |
2,332,827 |
2011 |
2,000,000 |
796,894 |
2,796,894 |
2010 |
2,690,000 |
1,159,803 |
3,849,803 |
2009 |
690,000 |
481,145 |
1,171,145 |
2008 |
N/R |
642,598 |
642,598 |
Total |
7,380,000 |
3,413,267 |
10,793,267 |
N/R = not reported
[1] Joint Statement of Peru and Ecuador on Cooperation and Assistance, Mine Ban Treaty Twelfth Meeting of States Parties, Geneva, 6 December 2012.
[2] Email from Carl Case, Director of the Office of Humanitarian Mine Action, OAS, 24 April 2013.
[3] Response to Monitor questionnaire by Ingunn Vatne, Senior Advisor, Department for Human Rights, Democracy and Humanitarian Assistance, Royal Norwegian Ministry of Foreign Affairs, 11 April 2013; and email from Carl Case, OAS, 24 April 2013. Average exchange rate for 2012: NOK5.8181=US$1 and €1=US$1.2859. US Federal Reserve, “List of Exchange Rates (Annual),” 3 January 2013.
[4] See Landmine Monitor reports 2008–2011; and ICBL-CMC, “Country Profile: Ecuador: Support for Mine Action,” 10 September 2012.