Mine ban policy overview

Policy

The Federal Democratic Republic of Nepal has not acceded to the Mine Ban Treaty. In December 2010, Nepal stated that recommendations regarding accession to the Mine Ban Treaty would be completed “soon.”[1]

The November 2006 Comprehensive Peace Agreement (CPA) committed the government and the former Communist Party of Nepal/Maoist  to halt the use of mines and required the parties to assist each other to mark and clear mines and booby-traps.[2] However, efforts to draft a new constitution collapsed in 2012 and all subsequent attempts to hold elections have failed, resulting in a constitutional and political crisis in Nepal.

The reason for Nepal’s inaction in acceding to the Mine Ban Treaty remains unclear. According to a report by the Geneva International Centre for Humanitarian Demining (GICHD), which evaluated mine action in Nepal, “The Army seems opposed and various ministers have said that Nepal should not sign because India and China have not.”[3] The Nepal Campaign to Ban Landmines (NCBL) notes that such comments have not been openly made by Nepal security forces, who have contributed to awareness-raising and capacity-building on mine action through NCBL programs.[4]

The NCBL has received several replies from government officials regarding accession to the Mine Ban Treaty since mid-2012. In September 2012, the Secretary of the Ministry of Peace and Reconstruction (MoPR) stated, “as regards to this ministry, I think it is a good idea to be a party to that treaty.”[5] However, after the change of government on 14 March 2013 the former officials NCBL spoke with were transferred, and no further progress has been made towards accession.

In June 2013, the Secretary of Foreign Affairs stated to NCBL, “There needs to be technical, political and diplomatic eligibility to enter into any treaty. People are suspecting that conflict may rise in Nepal due to prolonged political instability.”[6]However, major political parties in Nepal have signed the NCBL letter of commitment to a landmine ban including most recently the chairperson of the Unified Communist Party of Nepal (Maoists)(UCPN (M)), Mr. Puspa Kamal Dahal (also known as Prachanda), on 27 September 2012.[7]

In February 2010, the Minister of Peace and Reconstruction initiated a ministerial-level committee to study the responsibilities of and opportunities for becoming a State Party to the Mine Ban Treaty.[8]However, the committee has not been able to compile a report due to the frequent change in personnel holding the position of minister in the Ministry of Home Affairs and Defence.[9]

Nepal did not attend the Twelfth Meeting of States Parties in Geneva in December 2012, despite assurances by the Secretary of Home Affairs to NCBL that Nepal officials would participate at the meeting.[10] A Joint-Secretary from the MoPR participated in the 16^th International Meeting of National Mine Action Programme Directors and UN Advisors in Geneva, on 10–12 April 2013. In April 2013, the Nepali ambassador in Geneva stated that he could not participate in a meeting of the convention without approval from capital.[11] In June 2013, a Foreign Affairs official stated that officials were afraid of public condemnation if they are seen spending money to travel to meetings regardless of the issue, and that the government could not spend the money to send them.[12] Nepal did not attend the convention’s intersessional meetings in May 2013.

On 3 December 2012, Nepal abstained from voting on UN General Assembly (UNGA) Resolution 67/32calling for universalization of the Mine Ban Treaty. This was the sixth consecutive year that Nepal abstained on the annual resolution, after voting in favor of all previous pro-ban resolutions since 1996.[13] In a June 2013 explanation of its abstention to NCBL, a Ministry of Foreign Affairs representative said, “The reason for abstaining in the UNGA resolutions may be that the participating teams may not be ‘well-informed’ in those matters.” He said he would send a message to the concerned authorities regarding future votes.[14]

A total of 27 of Nepal’s political parties have signed the NCBL letter to seek Nepal’s accession to the Mine Ban Treaty.[15] NCBL continued to organize public activities in 2012 to encourage accession to the Mine Ban Treaty, including events on UN Mine Awareness Day and Lend Your Leg on 4 April 2012, and the Second Anniversary of Landmine-Field Free Nepal on 14 June 2012.

Production

On 21 June 2010, Nepal wrote to the Monitor that “Nepal does not produce any kind of antipersonnel landmines and the landmines that the Nepal Army is using have been produced abroad.”[16] Nepal repeated this in its remarks to States Parties in December 2010 at the Tenth Meeting of States Parties.[17]

Use, transfer, and stockpiling

Nepal is not known to have ever exported mines. In December 2009, the Minister for Peace and Reconstruction stated that Nepal has not planted mines since the end of the insurgency in 2006.[18] He also said that Nepal does not “enable the transfer” of mines.

During the conflict, the Nepal Army used antipersonnel mines and improvised explosive devices (IEDs), assembled in-country, around military installations, police posts, and infrastructure. The Nepal Army has stated that it started using mines in 2002 and estimates it deployed around 14,000 antipersonnel mines (including 11,000 PMD-6 mines and 3,000 POMZ-2 and M14 mines). It also estimates that it used about 25,000 command-detonated IEDs.[19] In June 2010, Nepal told the Monitor that it used mines in 53 locations and IEDs in 275 locations during the conflict.[20]In June 2011, Prime Minister Jhalnath Khanal detonated the final mine, ending clearance of the areas mined by the Nepal Army during the civil war. He stated, “Today is a historical day because Nepal has been liberated from all kinds of landmines.”[21]

Nepal wrote to the Monitor in June 2010 that it is now only using antipersonnel mines for training purposes. It stated, “Landmines needed for this purpose have been retained in minimum number,” noting that this is in line with Article 3 of the Mine Ban Treaty.[22] The Nepal Police, Armed Police Forces, and the Nepal Army also retain stocks of IEDs.[23]

A Nepal Army spokesperson said in 2007 that the army had a stockpile of about 3,000 antipersonnel and antivehicle mines, including POMZ-2 and PMD antipersonnel mines. Nepal imported its mines from China, India, and the former Soviet Union, mostly in the 1980s.[24]

The former rebel Communist Party of Nepal/Maoist (CPN/M) became a part of the interim government in April 2007. There have been no reports of new use of antipersonnel mines, victim-activated IEDs, or booby-traps by any armed group within the country during the reporting period.

Policy

The Federal Democratic Republic of Nepal has not acceded to the Convention on Cluster Munitions.

Nepal has never made a public statement explaining its position on joining the ban convention. In October 2013, a government representative informed the CMC that Nepal is interested in the convention, but has other priorities.[1] Previously, in December 2009, the Minister of Peace and Reconstruction told the CMC that there are no issues preventing the government from acceding to the convention.[2]

Nepal participated in two meetings of the Oslo Process that created the convention (Vienna in December 2007 and Wellington in February 2008) but it did not attend the Dublin negotiations in May 2008.

Nepal did not participate in any meetings of the Convention on Cluster Munitions until September 2013, when it attended the Fourth Meeting of States Parties in Lusaka, Zambia as an observer. It did not make any statements at the meeting.

Nepal is not party to the Mine Ban Treaty or the Convention on Conventional Weapons.

The Nepal Campaign to Ban Landmines (NCBL) is the national partner of the CMC. In August 2013, NCBL organized a symposium on cluster munitions that was attended by a number of government officials.[3] On 4 April 2014, a NCBL delegation that included landmine survivors met with various government ministries to discuss a memorandum urging the government of Nepal to join the Convention on Cluster Munitions and the Mine Ban Treaty.[4]

Government officials have met with Convention on Cluster Munitions representatives to discuss the Convention on Cluster Munitions on several occasions, most recently in Geneva in April 2014.[5]

Use, production, transfer, and stockpiling

Nepal has stated that it has never used, produced, transferred, or stockpiled cluster munitions.[6]

Contamination and Impact

Nepal has been affected by antipersonnel mines and explosive remnants of war (ERW) as a result of a decade of conflict that ended with a peace agreement in November 2006. In 2011, it completed clearance of all known mined areas.

Mines

Mine contamination when the conflict ended consisted of 53 fields of antipersonnel mines laid by the Nepal Army around military posts. By the end of 2010, clearance had reduced contamination to 17 minefields covering some 80,000m².[1] In June 2011, Nepal and a senior UN official declared that the last known mined area had been cleared.[2]

Other explosive remnants of war

The decade of conflict also resulted in a problem of ERW, mainly abandoned explosive ordnance and improvised explosive devices (IEDs). The Nepal Army, police, and Armed Police Force placed explosive devices, including command-detonated IEDs, as defensive perimeters around military installations. The police and armed police force have already cleared their IED fields. Of 273 IED fields laid by the Nepalese Army that remained at the end of the conflict, six had not been cleared at the end of 2011. These were due for completion in 2012.[3]

Continuing violence in the Terai region of southern Nepal has led to additional IED use and new victims. Humanitarian agencies reported 31 IED casualties in 2011 and estimated that half the casualties were from new devices as distinct from devices left behind by the earlier conflict.[4]

Nepal also has a continuing problem with “socket bombs” (improvised hand-grenades), produced in large quantities by Maoist supporters during the conflict and left over in people’s houses after the conflict ended. Socket bombs accounted for seven of 22 incidents in 2010; these incidents occurred in seven different locations. Other small improvised devices known as “Sutali bombs” and “tiffin box bombs” also cause casualties but there are no records of where they were used.[5]

Mine Action Program

Key institutions and operators

The Steering Committee for Mine Action and its Mine Action Technical Committee (MATC) serve as the National Mine Action Authority (NMAA). It created a mine action task force chaired by an Undersecretary at the Ministry of Peace & Reconstruction (MoPR) in October 2009 to make recommendations for future mine action. The MoPR issued a draft national mine action plan which received the approval of the MATC, but as of April 2012 it had not been adopted by the Steering Committee. An external evaluation of UN support for mine action in Nepal found that the Steering Committee appeared “moribund.”[6]

The MoPR, on the recommendation of the task force, set up a Mine Action Office in October 2009 to act as a mine action center and government focal point for mine action. The MoPR acts as a conduit for government financing of mine action but its ability to fulfill a wider role has been constrained by lack of capacity.[7] The Nepal Army Mine Action Coordination Center (NAMACC), set up in 2006, fulfills many of the functions of a mine action center, operating as a sub-unit command within the army and maintaining an Information Management System for Mine Action database recording contamination and mine action activities.[8]

Since August 2010, the MoPR has acted as chair of a Mine Action Joint Working Group (MAJWG) supporting operational coordination, especially of mine/ERW risk education (RE) and victim assistance.[9] It includes representatives of the government, security forces, UN agencies, and the ICRC. In April 2012, however, the government official fulfilling that role transferred to another ministry, creating a vacuum in government engagement with mine action.[10]

The UN Mine Action Team (UNMAT) coordinated mine action through MAJWG until August 2010 and later focused on quality assurance. UNMAT ended its activities in July 2011 after the completion of mine clearance.[11]

An evaluation of UN involvement in mine action in Nepal found the mine action activities undertaken by UNMAT and UNICEF were relevant and, in relation to destruction of ordnance stockpiles, “went very well.” It observed that UNMAS support to capacity development of the Nepal Army’s Engineering Brigade was “extremely successful.” It noted the effectiveness of the program was assisted by funding that was both adequate in scale and approved for an extended period. It also found, however, that the UN program had not achieved one of its main aims: the MoPR’s Mine Action Office had not developed into a fully fledged mine action center. It noted the concern of many stakeholders that MoPR had not been sufficiently active in coordinating mine action and might not continue to convene the MAJWG.[12]

Land Release

Nepal started 2011 with 17 minefields to clear covering approximately 80,000m.[13] Nepal Army engineers formally completed the task on 14 June 2011 when Prime Minister Jhalanath Khanal  triggered a controlled detonation of the last mines and the UN declared Nepal mine free.[14] No landmine incidents or discoveries have been reported since then.[15]

Five-year summary of clearance[16]

N/R = Not reported

Risk Education

The Nepal Red Cross Society (NRCS), the Nepal Campaign to Ban Landmines (NCBL), the Informal Service Sector Center (INSEC), and other national NGOs are active delivering RE to at-risk communities across the country with support from UNICEF. A network of some 430 people acting as focal points providing RE support coordinated by the MAJWG is active in 68 of Nepal’s 75 districts.[17]

The Department of Education, with funding from the Nepal Peace Trust Fund and UNICEF support, trained trainers to provide training for school teachers in the 20 most-affected districts in 2009−2010. This has enabled teachers to deliver a one-class RE session in each school class, reaching over 1,000 schools in 2011. There are plans to broaden the area of RE delivery to include schools in the 30 most-affected districts in 2011−2012 and the 50 most-affected districts in 2012−2013. In addition to this “systematic” RE, NRCS has conducted emergency RE after accidents or where explosive devices have been found; NRCS is working with MoPR on community-based RE programs undertaken by Local Peace Committees in 43 districts.[18]

Casualties

Casualties Overview

The local NGO Informal Service Sector Center (INSEC) of the Federal Democratic Republic of Nepal recorded 14 ERW casualties in 2013. This continues the trend of decreasing annual reported casualties. Of the total casualties in 2013, all casualties were civilians and close to 80% (11) were children (nine boys; two girls). All three adult casualties were men. All casualties were caused by unexploded or abandoned improvised explosive devices.[1] No antipersonnel landmine casualties were reported in 2013 or since 2011.

The total number of casualties in Nepal remains unknown. The Monitor identified 937 mine/ERW casualties (239 killed; 698 injured) between 2003 and 2013.[2] From 1999 to 2002, the Nepal Campaign to Ban Landmines (NCBL) reported 1,326 casualties (522 killed; 804 injured).[3] However, the NCBL figures were thought to include other conflict casualties.[4]

Victim Assistance

The total number of mine/ERW survivors in Nepal is unknown, but at least 698 survivors have been recorded.

Victim assistance since 1999

Access to government-provided support for mine/ERW survivors and persons with disabilities in general was reported to have improved since 2010, along with limited improvement of emergency services across the country.[5] However, socioeconomic initiatives for mine/ERW survivors and other persons with disabilities decreased due to a lack of funding.[6] In addition, the UN Nepal Country Team report stated an acute lack of trained and skilled professionals in the field of habilitation and rehabilitation severely impacted medical, psychological, social, and vocational support for persons with disabilities.[7]

In 2013, it was widely reported that mine/ERW survivors were not receiving necessary or adequate assistance. It was also reported that the provision of assistance and benefits was not well regulated in practice.[8] Complex administrative procedures continued to prevent many persons with disabilities from becoming registered and obtaining government support.[9]

Assessing victim assistance needs

No comprehensive assessment of the needs of mine/ERW survivors in Nepal has been conducted in recent years.[10] A lack of general accurate data on the situation of persons with disabilities in Nepal was reported, making it “difficult to assess the precise status of marginalization and vulnerability.”[11]

INSEC continued to maintain its casualty surveillance system, which was operational in all 75 districts.[12] The Nepalese Army reported that it was not within their mandate to track data on casualties or survivors for inclusion in the Information Management System for Mine Action (IMSMA) database they maintain. However, a Geneva International Centre for Humanitarian Demining (GICHD) evaluation of UN Mine Action Nepal reported that all parties recognize that INSEC’s victim surveillance system is a temporary solution and it is ultimately the responsibility of the government to maintain such a system.[13]

Statistics from the 2011 National Census and the National Federation for the Disabled were reported not to have included comprehensive data on the number of persons with disabilities as a result of conflict.[14]

Victim assistance coordination[15]

The MoPR is responsible for the financing of mine action and assisting conflict related victims. However, in 2013 its ability to fulfill this role was constrained by a lack of capacity.[16] There was no coordination of victim assistance activities in Nepal in 2013.[17] Throughout 2011, victim assistance continued to be discussed in the meetings of the MAJWG, an informal working committee that coordinated mine action activities, including victim assistance. It was coordinated by the MoPR and UNICEF and attended by government and UN agencies, NGOs, and the ICRC. However, in 2013 the MAJWG did not meet regularly due to the change in the mine action government focal point; the position has been vacant since 2012.[18] Victim assistance was sometimes addressed in meetings of the MAJWG in 2013, and in 2014 it started a discussion on challenges relating to data collection on mine/ERW victims and formed a group in view of drafting a report on victim assistance.[19]

A five-year National Victim Assistance Strategic Framework was developed with the main victim assistance agencies under the leadership of the MoPR in August 2009. However, the strategy was not yet being used as a framework for victim assistance activities by January 2014 and there was a general lack of awareness about its existence among government mine action actors.[20]

The Ministry of Women, Children and Social Welfare (MoWCSW), the Ministry of Health and Population, and the MoPR were responsible for caring for persons with disabilities and for the provision of physical rehabilitation. In particular, the MoWCSW was responsible for implementing programs related to disability including the registration process of persons with disabilities.[21] However, most persons with disabilities continued to rely on services funded through international assistance for regular physical rehabilitation.[22]

Survivor inclusion

No inclusion of survivors in planning or coordination was reported. Survivors were included in the implementation of victim assistance activities, such as psychological support and advocacy, through the NCBL’s informal National Network of Mine Victims.[23]

Service accessibility and effectiveness

Victim assistance activities[24]

Emergency and continuing medical care

Improvements in emergency medical care were reported. By the end of 2013, the ICRC and the Nepal Red Cross Society volunteers in 51 of the 75 districts countrywide had provided first aid to almost 13,600 people, including to mine/ERW survivors. In 2013, reports of obstruction and damage sustained by ambulances prompted advocacy and awareness-raising activities by both the ICRC and the Nepal Red Cross Society on the need to respect medical personnel and infrastructures.[25]

In 2013, the ICRC also continued to donate, on an ad hoc basis, medical supplies to 36 hospitals with a view to provide medical/surgical care to wounded and other patients. In a joint project with Kathmandu University, the ICRC continued to support emergency room trauma-management courses.[26]

Physical rehabilitation including prosthetics

Access to physical rehabilitation services remained a challenge for the rural population in 2013. Potential beneficiaries living in mountainous areas hesitate to travel long distances because of limited and unreliable public transport, as well as the expenses involved. Although the ICRC continued to reimburse these expenses for some patients, most persons with disabilities cannot afford transportation costs to reach a physical rehabilitation center.[27]

Physical rehabilitation was predominantly provided through government and local non-governmental centers in 2013, with the majority of funding support from international organizations. The ICRC continued to support physical rehabilitation service provision at the Green Pastures Hospital in Pokhara and at the Yerahity Rehabilitation Centre (YRC). Since 2009, YRC is the sole government-run facility in Nepal able to provide physical rehabilitation services for military personnel and civilians. A total of 119 amputees from 10 different districts were assessed and 86 prostheses were repaired. Thirty amputees were referred to the Green Pastures Hospital and 14 to the Yerahity Rehabilitation Centre. In 2013, 1,371 people, including mine/ERW victims, benefited from various services at ICRC assisted centers. They included amputees, 11% of which were mine survivors, whose mobility was enhanced by artificial limbs. Children represented 8.3% and women 29.83% of the total number of beneficiaries.[28]

Building sustainability within the rehabilitation centers remained a priority. The ICRC and Handicap International (HI) encouraged the relevant government institutions to take increasing responsibility for the financing of rehabilitation centers, with a view to eventually phasing out support. HI progressively decreased annual contributions to the budgets of the five rehabilitation centers it supported while building capacity by providing managerial and technical support and training for prosthetic technicians.[29] To ensure sustainability, the National Association of Service Providers in Rehabilitation, with ICRC input, drafted a national plan for physical rehabilitation services. The Ministry of Women, Children and Social Welfare demonstrated a commitment to providing financial support to existing centers. Similarly the MoPR is responsible for providing rehabilitation services to all victims of conflict.[30] Discussions further explored the possibility of providing interim support for disabled people.[31] Mine/ERW survivors and other persons with disabilities continued to benefit from referral links and information sharing between HI, INSEC, the ICRC, and the Nepalese Army.[32]

In 2013, to enhance access to rehabilitation services, the ICRC and the Nepal Red Cross Society worked together for disseminating essential information regarding the existing service providers and outreach activities to disabled persons and to local organizations and authorities. The ICRC reimbursed travel expenses and physical rehabilitation services to 51 conflict-related victims. To enhance local capacities/service quality, three technicians from the two ICRC-supported centers underwent formal schooling abroad; others benefited from on-the-job training.[33]

Psychological support

Psychological assistance was reported to be almost non-existent.[34] However, each community affected by a mine/ERW incident received emergency risk education, including psychological support aspects within a period of about 10 days after the incident.[35] The NCBL provided some informal counseling in conjunction with other activities.[36]

Social and economic inclusion

The NCBL continued to support the National Network of Mine Victims, an informal survivor peer support network with 18 district representatives, but lacked funds to expand the program or identify and engage other survivors in 2013.[37] NCBL supported education for child survivors and other children with disabilities, especially girls through a scholarship programme targeting girls who have either lost a parent due to the conflict, or have been physically impacted by a mine/ERW and/or cannot afford to pay school fees.[38] In 2013, the Ministry of Education provided scholarships for 67,800 children with disabilities to attend public or private schools.[39]

The availability of social and economic inclusion services for mine/ERW survivors and other persons with disabilities continued to decrease in 2013 and most of them had to rely almost exclusively on family members for assistance.[40] This trend was particularly affected by the end, in 2012, of education grants to child mine/ERW survivors, as well as special income-generation grants for vulnerable families with the most affected child survivors, provided by UNICEF and its partners, due to a lack of funding.[41] Similarly, NCBL was not able to provide livelihood grants in 2013 due to lack of funds.[42] In 2013, the ICRC provided support to two conflict-disabled people to restore a degree of self-sufficiency through the organization’s supported micro-economic initiatives.[43]

MoPR, UNICEF, HI, and the National Federation for Disabled Nepal disseminated a victim assistance handbook throughout Nepal (in 70 districts) to service providers including health and physical rehabilitation centers, disabled persons’ organizations, human rights groups, and Village Development Committees. Monitoring of the handbook’s use indicated that it was used to improve understanding of what types of services are available, to learn about the rights of survivors, and to advocate for survivors’ rights.[44]

Legislation and policies

The government Conflict Victim Relief and Rehabilitation Program supports mine/ERW survivors.[45] However, mine/ERW survivors did not receive adequate recognition of their needs because they represented only a small number of the people who, by definition, received rights as conflict victims, including many internally displaced persons. Procedures for receiving benefits and services as a mine/ERW survivor with a disability were often prohibitively complicated.[46] These involved registering with two or three different ministries that lacked internal coordination procedures.[47]

The Nepalese interim constitution addresses the rights of persons with disabilities, but government efforts to enforce existing laws and regulations to improve rights and benefits for persons with disabilities were not effective in 2013.[48] Persons with disabilities in Nepal were systematically excluded from the mainstream of social, economic, and political life and discrimination against persons with disabilities continued to be reported in employment, healthcare, education, transportation, and other state services.[49] Many adults with disabilities were reported to be unemployed or discouraged from actively seeking work, and of those working, many are either underemployed or paid below minimum wage.[50] It was estimated that less than 2% of persons with disabilities were employed. Among those 2%, even not even one third were women.[51]

In 2012, the Supreme Court ordered the government to do more for persons with physical and mental disabilities, such as providing a monthly stipend, building shelters, and appointing one social welfare worker in each district, but progress was minimal.[52]

Nepal ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 7 May 2010.

Support for Mine Action

In 2011, Switzerland contributed CHF145,000 (US$163,620) to mine action in Nepal.[1] In June 2011, Nepal reported it had cleared all known mined areas.[2]

In 2007–2011, Australia, Canada, Denmark, the European Commission, France, Switzerland, the United Kingdom (UK), and the United States (US) contributed a total of US$4.7 million for mine action in Nepal.

Summary of international contributions in 2007–2011[3]