Contamination and Impact

The precise extent of the Republic of Colombia’s mine and explosive remnants of war (ERW) problem, which is the result of decades of conflict with non-state armed groups (NSAGs), remains unclear, though the national database contains information indicating that 31 of the 32 departments may be mine-affected. The most affected departments are believed to be Antioquia, Caquetá, Meta, Nariño, Norte de Santander, and Tolima.[1]

In 2012, the Presidential Programme for Comprehensive Mine Action (Programa Presidencial para la Acción Integral Contra Minas Antipersonal, PAICMA) received reports of 3,328 “events”[2] which include accidents from mines, improvised explosive devices (IEDs) and unexploded ordnance (UXO), mined areas, suspected hazardous areas (SHAs), and military demining operations, in 27 of 32 departments.[3] Meta and Antioquia departments accounted for 25% of all events. Each event is recorded in the Information Management System for Mine Action (IMSMA) at PAICMA and is marked for further investigation to confirm the suspicion.[4] At the end of 2012, over 80% of the events recorded from 2007–2012 still needed follow-up to determine what occurred in each location.[5]

Landmines are also used as a means to attack the security forces and control areas including coca plantations.[6]

Mines

Given the irregular nature of mine-laying and the continued use of mines, especially improvised mines, it is impossible to obtain a static picture of contamination. Colombia stated that a lack of reliable information that only can be obtained from a systematic non-technical survey (NTS) prevented it from including a complete operational plan in its Article 5 deadline Extension Request.[7]

In its latest Mine Ban Treaty Article 7 report, Colombia describes a complex situation with a substantial humanitarian impact resulting from antipersonnel mines and victim-activated IEDs laid by NSAGs.[8] Grant Salisbury, the Program Manager in Colombia for HALO Trust (the only NGO currently accredited to clear mines in Colombia) has commented that “Colombia is the first country that we’ve worked in, indeed the first country that I know of, where all the mines used are improvised [explosive devices] – every other country where we work, the vast majority of mines come from state factories.”[9]

The Organization of American States (OAS) has reported that no mined areas have been found in Colombia that could be considered as high- or medium-density minefields. Nuisance mines have been found in schools, water sources, pathways, and stream crossings in order to allegedly intimidate or displace the local population.[10]

On 19 April 2013, the Interagency Humanitarian Demining Group (Instancia Interinstitucional de Desminado Humanitario), commonly referred to as the Instancia Interinstitucional, approved interventions by demining organizations in 381 locations in 11 municipalities in the departments of Antioquia, Bolivar, and Santander for clearance that correspond to “events”[11] in the database; these events include accidents from mines, IEDs and UXO, mined areas and SHAs. The Armed Forces Humanitarian Demining Battalion (Fuerzas Armadas del Batallón de Desminado Humanitario, BIDES) is conducting clearance operations in some of these areas.

Minefields approved by the Instancia Interinstitucional for clearance[12]

In September 2013, HALO became the first NGO to conduct demining in Colombia when it began clearance operations at the El Morro minefield in Antioquia Department.[13]

Other explosive remnants of war

Contamination also arises from abandoned or illegal ammunition storage areas, clashes between NSAGs and the Colombian armed forces, and aerial bombing.[14] Explosive devices and other ERW are found in former battle areas, bombing sites, drug routes, and areas where the government is trying to destroy coca plantations.[15] According to PAICMA, clearance operations in communities where mines have a strategic value can put a community at risk because the NSAGs view demining as a hostile act that gives the Colombian Army a military advantage.

The precise extent to which Colombia is affected by ERW is not known. In 2012, 6% of all recorded casualties from antipersonnel mines and ERW were from incidents involving ERW, compared to 4% in 2011.[16] For the period 2002–2012, it was estimated that 3% of all explosive ordnance incidents resulting in injury or death were caused by ERW.[17] The ICRC, however, based on its victim surveillance system and its integration into IMSMA, believes the true rate may be closer to 40%.[18]

Mine Action Program

Key institutions and operators

Established on 30 July 2002 under Law No. 759/2002, CINAMAP is responsible for implementation of the Mine Ban Treaty, including development of a national plan, policy decisions, and coordination of international assistance.

PAICMA, the technical secretary of CINAMAP, is responsible for coordinating the implementation of the 2009–2019 Integrated Mine Action Plan, with the overall strategy to minimize the socio-economic impact of mines, IEDs, and UXO, and to implement sustainable development programs in affected communities.[19]

The Instancia Interinstitucional is the government’s decision-making body for humanitarian demining comprised of the director of PAICMA, the Minister of Defense, and the Inspector General of the army. It approves accreditations, national standards, tasks, and clearance priorities. The OAS and UNMAS are advisors to the Instancia Interinstitucional on accreditation and national standards.[20]

The BIDES known as Coronel Gabino Gutiérrez from Engineer Battalion No 60 of the National Army has been conducting humanitarian demining since 2005, when it began clearance of 35 military bases since completed in 2010.[21]

The OAS, in an agreement with the government of Colombia, serves as the monitoring body for humanitarian demining in Colombia. The OAS reports to PAICMA and is responsible for the management and implementation of a national monitoring system on behalf of the Instancia Interinstitucional.”[22] The OAS also serves as an advisor to the Instancia Interinstitucional in the accreditation of NGOs in Colombia.[23]

Through 2012, the OAS had equipped and certified 27 teams with 360 deminers from the army, and provided administrative and logistical assistance to sustain clearance operations in the municipalities of Granada, San Carlos, and San Francisco in Antioquia department; El Dorado in Meta department; Zambrano in Bolivar department; Carmen and San Vicente del Chucurí in Santander; and Samaná municipality in Caldas.[24]

Since 2010, UNMAS has been advising PAICMA on the legal and technical mine action framework to allow NGOs to conduct mine clearance. UNMAS also assists PAICMA in accreditation and monitoring procedures as well as management processes.[25]

Demining law and standards[26]

Mine action in Colombia operates in a heavily regulated legal framework. For several years, PAICMA, its partners, various parts of the government of Colombia, and stakeholders have been consumed with passing and interpreting laws and decrees. In a landmark vote, Congress passed Law No. 1421 in December 2010 that allows NGOs to carry out humanitarian demining.[27] Almost a year later in October 2011, in support of Law No. 1421, Decree No. 3750 established internal rules and procedures of the Instancia Interinstitucional to ensure that NGO humanitarian demining activities are conducted in accordance with international standards. The Instancia Interinstitucional is also responsible for approving demining tasks for NGOs based on local priorities and humanitarian principles after the NGOs are accredited.[28]

In January 2012, in an unexpected development, the Procuraduría General de la Nación[29] issued a legal opinion claiming that humanitarian demining in Colombia was a violation of international humanitarian law, as it would put deminers in danger.[30] As a consequence of this surprising opinion, HALO discontinued its NTS work, and the Danish Demining Group (DDG) and Mines Advisory Group (MAG) suspended their operations in Colombia due to the uncertainty caused by the opinion.[31]

In June 2012, the Procuraduría issued a new directive on NGO demining that urged caution in tasking clearance in dangerous areas, and recommended that the army both increase its humanitarian demining capacity and adopt the same national standards for humanitarian demining as apply to NGOs. The directive also allowed NGO accreditation to proceed.[32] By 22 June 2012, HALO had submitted its paperwork for desk accreditation, the first step in the process.[33] A year later in April 2013, and almost three years after the law allowing NGOs to clear landmines was passed, the Instancia Interinstitucional accredited HALO and tasked them to clear mines in San Rafael Narino and San Rafael in Antioquia Department. However, further delay occurred when the Instancia Interinstitucional determined that the insurance requirements established in Decree No. 3750 of 2011 were inadequate and that a new decree was required.[34] This issue was resolved on 24 July 2013 when the President signed Decree No. 1561 into law.[35]

Also in 2012 and following Decree No. 3750 on Rules and Procedures, PAICMA, the Ministry of Defense, and the General Command (Commando General) approved national standards that regulate demining.[36]

Land Restitution Law

Land reform is arguably the issue at the core of the long Colombian conflict. Landmines have prevented displaced people from returning home and long absences from home have raised questions over ownership when they do return.[37] For example, a common situation is where people were forced to sell their land at low prices to NSAGs and upon return find their land occupied, or when internally displaced persons (IDPs) return home after mine clearance operations were completed to find their land was purchased by someone claiming to be the owner. On 10 June 2011, President Juan Manuel Santos signed into law the Victims and Land Restitution Law (Ley de Víctimas y Restitución de Tierras, Law 1448).[38]

In July 2013, the Geneva International Center for Humanitarian Demining (GICHD) and the International Organization for Migration visited Colombia to research the relationship between mine clearance, land rights, and ownership as well as the possible impact on implementing the Victims and Land Restitution Law.[39] A report on the mission is due later in 2013.

Land Release

PAICMA has been unable to conduct a nationwide survey to determine the true extent of the mine problem because NSAGs use mines in some areas, making them inaccessible.[40] However, smaller and more localized surveys have been conducted. The army conducts clearance operations in government-controlled areas.

Non-technical survey

Surveys are a priority for Colombia in order to better define the scope of landmine contamination as well as to assist in planning and calculating the needed clearance capacity from both military and civilian sources.[41]

The surveys are providing initial indicators of the quality of the information in the national database that constitute events as well as what comprises an SHA and a confirmed mined area in the Colombian context.

In 2012, BIDES conducted 138 NTSs in eight municipalities in five departments. Of the 138 SHAs surveyed 62 (or 45%) were cancelled. HALO discontinued conducting NTSs in 2011 but will resume them as soon as all legal issues with the government of Colombia are resolved.[42]

Non-Technical Surveys in 2012[43]

CHA = confirmed hazardous area

In order to gain a better understanding of the landmine problem at the vereda (community) level, from September–December 2012 PAICMA conducted a survey based on consolidated data from IMSMA reports, secondary reports within PAICMA, workshops conducted with local authorities, and information from NGOs and other national agencies. As a result of the Local Opinion Survey[44] in nine departments,[45] PAICMA was able to geo-reference 4,279 veredas, information not previously available. Of these 4,279 veredas, 12,745 (64%) were determined to be unaffected by landmines and IEDs. The results are similar to the NTSs conducted by BIDES and HALO, where high percentages of suspected area were also either cancelled or considered not affected.[46]PAICMA planned to conduct the same survey in the departments of Cauca, Norte de Santander, and Meta in 2013.[47]

Mine clearance in 2012

In 2012, BIDES cleared 98 “mined areas” with another 31 (covering 261,116m²) still undergoing clearance in four departments and nine municipalities in January 2013, while finding 175 IEDs and 15 items of UXO. BIDES continues to clear a significant number of suspected areas that do not contain any ordnance.[48]

Humanitarian mine clearance in 2012[49]

Of the 98 areas cleared, 59 (60%), covering 148,946m² (73%) of the land cleared, did not contain any hazards. From 2010–2012, 39% of the mined areas cleared and 25% of the land contained no hazards.[50]

In 2012, Colombia declared the municipalities of San Carlos in the department of Antioquia and El Dorado in Meta free from suspicion of mines.[51] Of 660 municipalities (out of a total of 1,100) suspected to contain SHAs, San Carlos was the first to be declared free of SHAs.[52]

In an announcement on 13 March 2012, Colombia’s President declared San Carlos “free of the suspicion of landmines,”[53] a term that does not appear in the International Mine Action Standards and is unique to Colombia. Surveys and clearance had begun in San Carlos in February 2009 with OAS assistance. Since then, a total area of 1.3km² was released; of this amount, 155,425m² (approximately 10%) was released through clearance while the other 90% was released through NTS. During clearance, 69 IEDs and unexploded munitions were removed.[54]

Colombia declared El Dorado, Meta free of suspicion from mines on 29 November 2012 after more than three and a half years of mine action consisting of NTSs conducted by the army’s humanitarian demining teams. The army cleared two CHAs measuring almost 21,000m² in the community of Jesus del Rio.[55]

Humanitarian mine clearance in 2010–2012[56]

As of May 2013, the BIDES consisted of nine platoons with 41 deminers and three national supervisors each, for a total of 369 deminers and 27 supervisors. The platoons operate independently as teams of 12 to 15 deminers, for a total of 27 teams. In its revised Article 5 deadline Extension Request of August 2010, Colombia reported plans to increase the number of demining platoons from nine to 14 in 2013. PAICMA and the Ministry of Defense continued discussions about increasing the number of teams in 2013, which depends on the Ministry of Defense being allocated additional funding from the national budget.[57] However, the number of platoons will only be increased to 10. It was also planned that all BIDES platoons would need to obtain accreditation against national standards beginning in September 2013.[58] As of August 2013, BIDES had cleared 279,000m², exceeding the amount cleared in 2012.[59]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty (and in accordance with the 10-year extension granted in 2010), Colombia 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 2021.

On 30 March 2010, Colombia submitted a request for a 10-year extension to its Article 5 deadline of 1 March 2011, and then on 5 August 2010 submitted a revised request. The operational plan plus the assets and funding needed in 2011–2013 remained at the equivalent of 17 NGO teams and US$25 million, both of which have not been met. During this period the government of Colombia also planned to contribute $21 million for 14 demining platoons.[60] As of May 2013, the army had nine demining platoons and planned to add three more in 2013–2014, including one from the navy.[61]

The Extension Request projects that all mined areas will be released by 2020, even though “it is not possible to establish an operational plan which determines the exact number of squads, squadrons and municipalities where the organizations must operate.”[62] Colombia’s 2011–2013 operational plan was to address 6,000 dangerous and mined areas in 14 of 660 mine-suspected municipalities with contamination covering an estimated 15km² by 2013.[63] So far, Colombia is far below these targets. At the end of 2012, BIDES had cleared 218 areas covering 768,000m².

Based on the decision of States Parties in approving Colombia’s Extension Request, Colombia will submit an operational plan for 2014–2020 at the Thirteenth Meeting of States Parties in December 2013.[64]

Quality management

OAS is the body with responsibility for the management and implementation of a national monitoring system for accredited demining organizations in Colombia. The OAS also investigates demining accidents, verifies community liaison activities, and does quality assurance on NTSs.[65] UNMAS supported both PAICMA and the members of the Instancia Interinstitucional to put in place the required national standards in line with international standards and to ensure that the entire quality management system reflects international norms. UNMAS is also assisting PAICMA and the OAS in the accreditation and monitoring procedures and processes and also provides field technical assistance as required for operations.[66]