Congo, Democratic Republic
Mine Ban Policy
Commitment to the Mine Ban Treaty
|
Mine Ban Treaty status |
State Party |
|
National implementation measures |
Enacted implementation legislation, Law 11/007, on 9 July 2011 |
|
Transparency reporting |
30 April 2011 |
Policy
The Democratic Republic of the Congo (DRC) acceded to the Mine Ban Treaty on 2 May 2002, becoming a State Party on 1 November 2002. The National Commission to Fight Antipersonnel Mines was created in 2002.[1]
The DRC enacted legislation to implement the Mine Ban Treaty in 2011. “Law no. 11/007 implementing the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and on their Destruction in the Democratic Republic of the Congo” was promulgated by the President on 9 July 2011 and published in the official journal on 15 July 2011.[2] The law was first adopted in December 2010 and a final version adopted by Parliament on 16 June 2011.[3]
Law 11/007 prohibits the development, manufacture, production, acquisition, stockpiling, conservation, supply, sale, import, export, transfer, and use of antipersonnel mines or their components and also prohibits assistance, encouragement, or inducement in these activities.[4] The law establishes penal sanctions for persons violating its provisions of 10 years imprisonment and a fine of CDF10–20 million (about US$11,000–$22,000). The law also provides penal sanctions for legal entities (companies) guilty of violations of CDF10–20 million (about US$11,000–$22,000).[5] The law also contains provisions on victim assistance.
The DRC attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010 and the intersessional Standing Committee meetings in Geneva in June 2011 where it made statements on its progress on meeting its Article 5 clearance extension request and on victim assistance.
It submitted its annual Mine Ban Treaty Article 7 report on 30 April 2011, the ninth submitted since entry into force.
Production, transfer, use, stockpile destruction, and retention
The DRC is not known to have produced or exported antipersonnel mines. While government forces have used antipersonnel mines in the past, the Monitor has not received any allegations of such use since it acceded to the treaty. There were credible allegations of use of antipersonnel mines in the DRC by non-state armed groups (NSAGs) at least until 2004 and by Ugandan and Rwandan government forces in 2000.[6]
In May 2006, the DRC informed States Parties that it had completed the destruction of all 2,864 stockpiled antipersonnel mines it had been able to identify, thus fulfilling its treaty obligation to destroy stocks by 1 November 2006. It stated that if more stockpiled mines were discovered they would be destroyed in a timely fashion.[7]
Since May 2006, the DRC has destroyed newly discovered, seized, or turned in antipersonnel mines on many occasions. It reported an additional 198 mines destroyed in 2006, 936 in 2007, 631 in 2008, 101 in 2009, and 70 in 2010.[8]
In March 2010, a government official informed the Monitor that there were some live antipersonnel mines retained for training at the Military Engineers’ School in Likasi, but the types and numbers had not yet been reported.[9] In its Article 7 report submitted in 2011, the DRC reported “not applicable” on Form D on mines retained for training or research purposes. In 2009, as in its previous report, the DRC stated that information on retained mines was “not yet available.”[10]
Non-state armed groups
NSAGs, both Congolese and foreign, remain active in the country.[11] In August 2009, a military officer reportedly stated that 25 soldiers had been killed by antipersonnel mines laid by the Democratic Liberation Forces of Rwanda (Forces Démocratiques de Liberation du Rwanda, FDLR, Rwandan Hutu rebels), and noted, “We are not aware of other antipersonnel mines planted in the area. Teams from the United Nations or other international bodies will be needed to clear the mines.”[12] The Monitor could not confirm if this constituted new use of antipersonnel mines, or if so, by whom.
[1] Mine Ban Treaty Article 7 Report, Form A, 30 April 2003; and see also Landmine Monitor Report 2006, p. 325.
[2] Email from André Tabaro, Coordinator, National Association of Landmine Survivors, 19 August 2011.
[3] The law was first adopted in December 2010, but there were differences between the versions adopted by the Senate and the National Assembly so a reconciled version was adopted on 16 June 2011. ICBL meeting with Sudi Kimputu, Coordinator, National Focal Point for Mine Action in DRC, and Charles Frisby, Chief of Staff, DRC Mine Action Coordination Center, in Geneva, 23 June 2011.
[4] “Proposition de loi portant mise en oeuvre de la Convention sur l’interdiction de l’emploi du stockage, de la production et du transfert des mines antipersonnel et sur leur destruction en Republic Democratique du Congo” (“Bill to implement the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and their Destruction in the Democratic Republic of Congo”), Assemblee Nationale-Senate Commission Mixte Paritarie, Kinshasa, June 2011, Articles 3 and 4.
[5] “Proposition de loi portant mise en oeuvre de la Convention sur l’interdiction de l’emploi du stockage, de la production et du transfert des mines antipersonnel et sur leur destruction en Republic Democratique du Congo” (“Bill to implement the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Antipersonnel Mines and their Destruction in the Democratic Republic of Congo”), Assemblee Nationale-Senate Commission Mixte Paritarie, Kinshasa, June 2011, Chapter 7. The law requires the immediate cessation of production of antipersonnel mines and for anyone, except government or other authorized public agencies, who produces or possesses antipersonnel mines or their components as referred to under Article 3, to immediately notify the Ministry of Defense or the Ministry of Civil Protection of the total stock, including the type, quantity, and where possible, lot number, for each type. Average exchange rate for 2010: US$1=CDF901.922. Oanda, www.oanda.com.
[6] See Landmine Monitor Report 2009, p. 327.
[7] See Landmine Monitor Report 2006, pp. 326–327. In May 2006, a representative did not indicate the date on which the DRC considered the program completed. The 2,864 mines destroyed included mines held in the military regions, mines recovered from NSAGs, and mines abandoned across the country. Apparently, it only included seven mines (Claymore type) held by the armed forces.
[8] Mine Ban Treaty Article 7 Reports, Form G, 30 April 2011, 30 April 2010, 22 May 2009, and 20 May 2008; Landmine Monitor Report 2009, p. 327; and Landmine Monitor Report 2008, p. 280. In 2010, the DRC reported 38 PMA-2 mines found and destroyed: 33 by Mechem in Kisangani; two by Handicap International (HI) Belgium and two by HI Federation in Oriental province; and one by Mines Advisory Group (MAG) in Bas-Congo province. As well, 16 TS-50 mines were found and destroyed: 10 by DanChurchAid; five by MAG in Katanga; and one by Handicap International Belgium in Oriental province. One PPM-2 mine was found and destroyed by MAG in Bas-Congo; 14 M35 mines were found and destroyed (nine by DCA and five by MAG in Katanga); and two mines of unknown types found and destroyed by MAG in September 2010. In 2009, the DRC reported 8 PMA-2 mines found and destroyed (one by MAG in Ikela, one by HI Belgium in Yengeni, and six by Mechem in Sange, Kisangani, and Bangboka); 43 TS-50 mines found and destroyed (41 by DCA in Kabumba, Mitondo, and Lubandula, one by MAG in Kirungu, and one by Mechem in Kisangani); one M2A4 mine, found and destroyed by Mechem in Bangboka; 21 M35 mines found and destroyed (15 handed over by the national armed forces [Forces Armées de la République Démocratique du Congo, FARDC] and destroyed by MAG in Lubumbashi, five by MAG in Lubumbashi and Selembe, and one by DCA at an unspecified location); one PROM 1 mine found and destroyed by MAG in Kasenga; two No. 4 mines found and destroyed by MAG in Ikela; eight Type 69 mines found and destroyed by MAG in Lubumbashi; and eight Type 58 mines found and destroyed by MAG in Gemena. The 101 reported also included nine Claymore Z1 mines, eight found and destroyed by MAG in Shamwana, Ikela, and Bomongo, and one by MECHEM in Bogoro. The reports do not explain whether the mines were discovered among FARDC arsenals or were discovered or seized from other sources, with the exception of 15 M35 mines handed over by the FARDC in November 2009.
[9] Response to Monitor questionnaire by Capt. Roger Bokwango, National Focal Point for Mine Action in DRC , 30 March 2010. In the original French: “Il y aurait quelques mines Antipersonnel réelles à l’école du Génie Militaire de Likasi, mais les types et les nombres n’ont pas encore été rapportés.”
[10] Mine Ban Treaty Article 7 Report, Form D, 22 May 2009.
[11] Foreign armed groups reported to be active or present in DRC included the FDLR, the Interahamwe (Rwanda), and the Lord’s Resistance Army (Uganda).
[12] “350 Rwandan Hutu militiamen killed during Operation Kimia II in South Kivu province,” Radio Okapi, 29 August 2009, congoplanet.com.