Our Research Products

1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On their Destruction

Article 1. General Obligations. 1. Each State Party undertakes never under any circumstances: ...(b) To...acquire, stockpile, retain...anti-personnel mines.

Article 3. Exceptions. 1. Notwithstanding the general obligations under Article 1, the retention or transfer of a number of anti-personnel mines for the development of and training in mine detection, mine clearance, or mine destruction techniques is permitted. The amount of such mines shall not exceed the minimum number absolutely necessary for the above-mentioned purposes.

Article 4. Destruction of stockpiled anti-personnel mines. Except as provided for in Article 3, each State Party undertakes to destroy or ensure the destruction of all stockpiled anti-personnel mines it owns or possesses, or that are under its jurisdiction or control, as soon as possible but not later than four years after the entry into force of this Convention for that State Party.

INTRODUCTION

Of the thirty-five countries in the Americas region, all have signed the 1997 Mine Ban Treaty except for Cuba and the United States. Six states have signed but not yet ratified the treaty: Chile, Guyana, Haiti, St. Vincent and the Grenadines, Suriname, and Uruguay. Mine Ban Treaty States Parties are required to destroy all stockpiled antipersonnel (AP) mines within four years of entry into force. The International Campaign to Ban Landmines (ICBL) calls on all nations in the Americas to strive for total destruction of AP mine stockpiles by the time of the Third Meeting of States Parties to be held in Managua, Nicaragua in September 2001.

Key issues of concern include:

• States Parties Argentina, Brazil, Honduras and Venezuela have not yet begun destruction of stocks.
• Brazil plans to retain 17,000 AP mines for training and/or development purposes, Ecuador 16,000, and Peru 9,526; these are among the highest numbers by any State Party globally, and appear to be in excess of any known requirements for those countries.
• States Parties Colombia and Venezuela, as well as signatories Chile and Guyana, and non-signatory Cuba, have yet to reveal details about their AP mine stockpiles. State Party Costa Rica and signatory Suriname have not even publicly stated whether a stockpile exists.
• Twelve States Parties in the region are late in submitting their treaty-mandated Article 7 transparency reports, including information on stockpiles and destruction.
• The United States, a non-signatory, has the third largest AP mine stockpile in the world, at 11.2 million. The stockpile includes 1.2 million non-self-destructing AP mines.

STOCKPILES

Landmine Monitor estimates that at least 12 million antipersonnel landmines are stockpiled in the Americas region in thirteen countries. The United States holds the vast majority of these mines, 11.2 million.[ 1] Other states in the region with antipersonnel mine stockpiles include: Argentina, Brazil, Chile, Colombia, Cuba, Ecuador, Honduras, Guyana, Nicaragua, Peru, Uruguay, and Venezuela. Landmine Monitor has not been able to confirm whether Costa Rica or Suriname possesses a mine stockpile, though Costa Rica is not believed to have AP mines.

Apart from the U.S., the largest known stockpiles of AP mines are held by Peru (330,840), Ecuador (170,344), Nicaragua (91,813), Argentina (89,170), and Brazil (35,012). A Chilean diplomat told the ICBL that Chile's stockpile numbered 22,000 and a Colombian government report indicated a stockpile of at least 18,000 antipersonnel mines, but Landmine Monitor has not been able to confirm those figures.

Several rebel groups in Colombia, notably the Fuerzas Armadas Revolucionarias de Colombia (FARC) and the EjJrcito de Liberaci\n Nacional (ELN), have stockpiles of AP mines. Landmine Monitor has not identified other non-state actors in the Americas that have antipersonnel mines.

Of the 20 nations in the Americas without stocks, it appears that Belize, Bolivia, Mexico, Paraguay, Panama, and all 12 of the Caribbean nations have never had a stockpile of AP mines. Canada, El Salvador, and Guatemala have reported destruction of their entire stockpiles (except, in Canada's case, mines retained for training).

The stockpiles of antipersonnel mines in the Americas region are summarized in the following table:

Mine Types in Stocks

STOCKPILE DESTRUCTION

Landmine Monitor research shows that more than 22 million antipersonnel mines have been destroyed worldwide in recent years by more than 50 countries. Twenty-one States Parties have completed destruction of stocks, including three in the Americas: Canada, El Salvador, and Guatemala. Five States Parties in the Americas have destroyed over 240,000 AP mines. The United States has destroyed 3.355 million antipersonnel mines, roughly three-quarters of its stockpile of non-self-destructing AP mines.

Those in the process of destruction include Colombia, Ecuador, Nicaragua, Peru, and Uruguay. Ecuador reports that it destroyed 101,458 antipersonnel mines between April 1999 and March 2000. Nicaragua reports that 40,000 antipersonnel mines have been destroyed as of April 2000. Peru reports that it destroyed 3,916 mines in 1999. Uruguay reports that the destruction of the approximately 2,338 antipersonnel mines in its stockpile is underway. More than 2,000 antipersonnel mines were destroyed from Colombia's stockpiles. The Colombian Armed forces are also reported to have destroyed antipersonnel mines captured from non-state actors.

States Parties that have not yet begun destruction include Argentina, Brazil, Honduras, and Venezuela. Honduras has made plans for destruction.

States Parties have reported the following information in their Article 7 Transparency Reports:

• Argentina: no schedule submitted; no method of destruction mentioned.
• Brazil: no schedule submitted; the method of destruction will consist of "immersion of the explosive charge residue into boiling water for a long time. There after, the inflammable residue burned for combustion."
• Ecuador: no schedule submitted; open detonation is the method of destruction.
• Nicaragua: destruction complete by 2004, open burning is the method of destruction.
• Peru: destruction complete by 2002, stockpiled mines are destroyed by either disassembly, incineration, and open burning open detonation.
• Canada provided detailed information on the environmental and safety standards in its Article 7 Transparency Report.

The United States destroyed its mines by open detonation.

MINES RETAINED FOR TRAINING

It appears that the majority of States Parties across the globe that have stockpiles of AP mines are opting to exercise the Article 3 exception. Many intend to keep between 1,000-5,000 mines. In the Americas region, however, it appears that Belize, Bolivia, El Salvador, Guatemala, Mexico, Panama, Paraguay, and the Caribbean states have chosen not to retain any AP mines. Treaty signatory Uruguay told Landmine Monitor that it requires mines for training but inert mines will be used.

Based on data from the most current Article 7 Transparency Reports, States Parties in the Americas region will retain over 50,000 antipersonnel mines. The following States Parties, in order of greatest number retained, are opting to keep antipersonnel mines under Article 3:

The ICBL continues to question the need for live mines for training. The ICBL believes that it is important not only to have complete transparency on this, but also to continue to evaluate the necessity for the exception and the potential need for an absolute numerical limitation. Brazil, Ecuador, and Peru should re-examine their requirement to keep so many mines.

TRANSPARENCY REPORTING

To date, over 50 reports have been submitted by States Parties to the United Nations as required by Article 7 of the Mine Ban Treaty. Initial Article 7 reports are due 180 days after entry into force of the treaty for that State Party. Thereafter, annual reports are due by 30 April of each year. However, there are a significant number of States Parties who are late in submitting their first Article 7 report. These governments have thus far failed to meet a treaty obligation; Article 7 reporting is not optional and due dates are legal deadlines, not targets.

The states in the Americas region that are late in submitting their first Article 7 transparency measures report are:

States that have not submitted their second Article 7 transparency measures report, due 30 April 2000, are: Belize, Bolivia, Honduras, Jamaica, Nicaragua, Peru, and Saint Kitts and Nevis.

The due dates for first Article 7 reports for those who have ratified more recently include:

Dominican Republic (30 May 2001) and Colombia (August 2001).

Additionally, the ICBL has expressed concern regarding the following issues:

• Need for Expanded Article 3 reporting. Reporting on mines retained for training and development should also include the specific anticipated purpose and then the actual use of any retained mines.
• Lack of reporting on prohibited antivehicle mines (AVMs) with antihandling devices (AHDs). Since some AVMs with AHDs are prohibited by the Mine Ban Treaty because they function like AP mines, there should be Article 7 reporting on any stockpiling or destruction of such mines. For example, Human Rights Watch has identified AVM held by States Parties Brazil (T-AB-1 AVM) and Peru (MGP-31 AVM), and treaty signatory Chile (MAT80 F5, MAT 83 F4, AP APVL F4 AVMs) as having antihandling capabilities that may cause them to function as AP mines.[ 14]
• Lack of reporting on Claymore-type mines. Since use of directional fragmentation mines is permitted under the treaty only in command detonated mode, States Parties should report on the number of such mines kept in stock, and the steps that have been taken to ensure that they can be used only in command detonated mode. Honduras noted it would destroy 2,031 M18A1 Claymores, but retain another 226. Others states reporting on Claymore mines include Ecuador and Peru.

Footnotes

• [ 1] The U.S. announced a cap on its inventory of antipersonnel mines in January 1997, though it has never provided a precise figure.
• [ 2] Article 7 Report, Form B, 31 August 2000.
• [ 3] Article 7 Report, Form B, 29 March 2000.
• [ 4] Landmine Monitor Report 1999, p. 290.
• [ 5] Landmine Monitor Report 2000, pp. 314-316; Landmine Monitor Report 1999, pp. 294-296.
• [ 6] Landmine Monitor Report 2000, pp. 330-331; Landmine Monitor Report 1999, pp. 316.
• [ 7] Article 7 Report, Form B, 23 August 2000.
• [ 8] Article 7 Report, Form B, 30 August 1999.
• [ 9] Article 7 Report, Form B, 18 May 2000 [date of letter of transmittal]; Landmine Monitor Report 2000, p. 282. Please note the stockpile data is as of 30 September 1999 and does not account for subsequent destruction.
• [ 10] Article 7 Report, Form B, 2 May 2000.
• [ 11] Landmine Monitor Report 2000, p. 341. Please note these figures reflect number of individual mines, not number of delivery systems (i.e. artillery projectiles, cluster bomb units, or canisters) or other types of dispensers.
• [ 12] Landmine Monitor Report 1999, p. 311.
• [ 13] Landmine Monitor Report 2000, p. 306.
• [ 14] See Human Rights Watch Fact Sheet, "Antivehicle Mines with Antihandling Devices," January 2000.