Mine ban policy overview

Policy

The Islamic Republic of Pakistan has not acceded to the Mine Ban Treaty. Pakistan has repeatedly stated that “Pakistan remains committed to pursue the objectives of a universal and non-discriminatory ban on anti-personnel mines in a manner which takes into account the legitimate defence requirements of States. Given our security compulsions and the need to guard our long borders, not protected by any natural obstacle, the use of landmines forms an important part of our self-defence strategy. As such, it is not possible for Pakistan to agree to the demands for the complete prohibition of anti-personnel landmines till such time that viable alternatives are available.”[1]

In November 2009, Pakistan reiterated its view that Amended Protocol II of the Convention on Conventional Weapons (CCW) had the capacity—if fully implemented—to minimize human suffering caused by mines, and that the protocol maintained “a delicate balance” between humanitarian concerns and security imperatives.[2]

Pakistan did not attend the Second Review Conference of the Mine Ban Treaty in Cartagena, Colombia in November–December 2009, although it did participate as an observer at the Ninth Meeting of States Parties in November 2008.  It has not attended the intersessional Standing Committee meetings since 2002.

On 2 December 2009, Pakistan abstained from voting on UN General Assembly Resolution 64/56 calling for universalization of the Mine Ban Treaty. It abstained on all previous annual UNGA resolutions in support of the treaty. 

Pakistan is party to the CCW and its Amended Protocol II on landmines and Protocol V on explosive remnants of war. Pakistan submitted an Article 10 transparency report in April 2010 as required under Protocol V, but has not submitted an Article 13 report as required under Amended Protocol II since 2008.

Use

The Pakistan army and security forces have been engaged in armed conflict with Pakistani Taliban, Al-Qaeda, and Baloch insurgents in the Federally Administered Tribal Areas (FATA), parts of the North-West Frontier Province (NWFP), and in Balochistan province. While there is a widespread perception among local populations that Pakistani forces are laying mines to defend some military bases and outposts in these conflict areas, no one could provide Landmine and Cluster Munition Monitor researchers with specific details and the Monitor has not been able to substantiate the allegations.[3] Moreover, the Monitor is unaware of any allegations carried in the media during 2009 and 2010 of use of antipersonnel mines by the army or security forces.

The last confirmed use of antipersonnel mines by Pakistan took place between December 2001 and mid-2002, during an escalation of tensions with India when it laid very large numbers of mines along their shared border.[4] Pakistan also maintains permanent minefields along certain portions of the Line of Control in Kashmir.

Production, transfer, and stockpiling

Pakistan is one of a small number of countries still producing antipersonnel mines.[5] Since January 1997, Pakistan Ordnance Factories has produced detectable versions of hand-emplaced blast mines in order to be compliant with CCW Amended Protocol II.[6] In 2007, Pakistan reported that it “has also planned incorporation of self-destruct and self-deactivation mechanism in its future production” in order to meet Amended Protocol II requirements.[7] The protocol requires that all remotely-delivered mines have self-destruct and self-deactivation mechanisms. Pakistan reported in 2002 that it was developing a remotely-delivered antipersonnel mine system, but has provided no further details.[8]

Pakistan’s Statutory Regulatory Order No. 123 (1) of 25 February 1999 makes the export of antipersonnel mines illegal.[9]The law penalizes importation of mines, but no data is available regarding whether people have been arrested or charged under this law. Pakistan states that it has not exported mines “since early 1992.”[10] In the past, the country was a major exporter of landmines. Pakistani-made mines have been found in Afghanistan, Bangladesh, Eritrea, Ethiopia, Somalia, Sri Lanka, and elsewhere.

There is no official information available on the size of Pakistan’s antipersonnel mine stockpile. Landmine and Cluster Munition Monitor has estimated that Pakistan stockpiles at least six million antipersonnel mines, the fifth largest stockpile in the world.[11] Pakistan has neither confirmed nor denied this estimate. In previous years, Pakistan reported that it destroyed “a large number of outdated mines every year,” but has not provided information about the quantity or types of mines destroyed.[12]  In 2007, Pakistan stated that it had “met the deadlines to improve the specifications on detectability of mines” to be compliant with CCW Amended Protocol II.[13]

Non-state armed groups

Non-state armed groups have sporadically used antipersonnel mines, antivehicle mines, and improvised explosive devices (IEDs) in attacks on Pakistani security forces and civil administration, and in sectarian, inter-tribal, and inter-family conflicts.[14] In November 2009, Pakistan stated that during “ongoing law enforcement operations” in Pakistan, “terrorists had on several occasions used mines and IEDs against army personnel and civilians.” It further claimed that those “devices had foreign imprints, confirming the link between terrorists and actors beyond the borders of Pakistan.”[15]

It appears that Baloch and Taliban groups continued to use antipersonnel mines, antivehicle mines, and IEDs in 2009 and 2010.[16] In June 2009, two residents of Sui district were killed when their motorcycle struck a landmine.[17] In February 2010, one member of the security forces was killed and two were injured after one of them stepped on a mine while on patrol outside Quetta.[18] In September 2009, two women and two children were killed and two others were injured while traveling in a bullock cart which hit a landmine in Dera Bugti district.[19]

In May 2009, a Pakistani army representative said that the army had encountered victim-activated IEDs and factory-made antipersonnel and antivehicle mines in the Swat Valley in the NWFP, which it attributed to the Pakistani Taliban and “foreign elements.”[20] In August 2009, a resident of Kabal in Swat died after reportedly stepping on a mine.[21] In September 2009, two boys were killed after they reportedly stepped on mines in Tank in the NWFP.[22]

Landmine and Cluster Munition Monitor has previously provided anecdotal evidence of mine use by militants in both North and South Waziristan. While armed conflict has escalated in those areas since the Pakistani government launched an offensive on Pakistani Taliban, Landmine and Cluster Munition Monitor cannot document a specific instance of new use. However, antipersonnel mines have been seized from militants, and deaths and injuries to mines have occurred. For example, in November 2009, in South Waziristan, the army and police recovered antipersonnel mines among other weaponry,[23] and in January 2010, two people were injured by a mine in Bajaur agency.[24]