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Taiwan
Mine Ban Policy
Policy
Due to its international status, Taiwan cannot accede to the Mine Ban Treaty. Officials have expressed Taiwan’s support for a ban on antipersonnel mines since 1999, and in August 2007, Taiwan President Ma Ying-jeou signed a declaration that supports a complete ban on antipersonnel mines.
At a meeting held on the margins of the Tenth Meeting of States Parties to the Mine Ban Treaty in November–December 2010, a representative stated that Taiwan still feels the need to keep stockpiles of antipersonnel mines due to uncertainty in its security situation, but that the new government is encouraging and accelerating the people-to-people interactions between Taiwan and China, thus creating more favorable conditions for a total ban on landmines.[1]
In 2006 the Antipersonnel Landmines Regulations Act was enacted into law, but it falls short of a comprehensive ban. It prohibits production and trade of antipersonnel landmines,[2] sets a deadline for clearance of existing minefields, and provides for compensation for future victims.[3] However, the law permits stockpiling, as well as the use of antipersonnel mines “when it is imperative during war.”[4] Taiwan has not provided details on the size or composition of its current stockpile of antipersonnel mines.[5]
During a November 2010 mission by the ICBL to Kinmen Island, the Kinmen Defense Command acknowledged that antipersonnel mines are stockpiled on the island. However, they noted that as these mines expire, they are destroyed by a third party; once all the mines expire they will no longer have a stockpile. The use of the mines would require authorization of a minister or the president.[6] The amount and types of expired mines destroyed in 2011 is considered a military secret.[7]
According to the Antipersonnel Landmines Regulations Act, the Ministry of National Defense is required to report the progress of mine clearance to the Legislative Yuan annually, and has provided a report on clearance accomplished in 2011 as a part of its Work Report to the Legislative Yuan.[8] In an August 2011 letter to the ICBL, Taiwan stated that it is “committed to the purge of landmines, and efforts to clear landmines on Kinmen and Matsu have been fruitful.”[9] According to the Ministry of National Defense, 82.75% of all landmines have been removed from Kinmen and Matsu, and these areas are expected to be cleared of all mines by 2012.[10] According to the Antipersonnel Landmines Regulations Act, the Ministry of National Defense is required to complete the mine clearance work in 2013.
[1] ICBL meeting with Amb. Kelly W. Hsieh, Director General, Bureau de Genève, Délégation Culturelle et Économique de Taipei, Geneva, 30 November 2010.
[2] Taiwan has stated that it stopped production of antipersonnel mines in 1982. It is not known to have ever exported mines. Letter from Gen. Kwan-Dan Lai, Military Combat and Planning Staff Office, Ministry of National Defense, 2 March 2004.
[3] Global Legal Information Network, Legislative Yuan, www.glin.ly.gov.tw/. For more information on the development of the legislation and its provisions, see Landmine Monitor Report 2006, pp. 1,189–1,190.
[4] Ibid. In 2001, a Ministry of National Defense spokesperson stated that Taiwan no longer used antipersonnel mines, although in 2004 the ministry acknowledged that some of the minefields on the offshore islands had been maintained due to the military threat from China. Letter from Gen. Kwan-Dan Lai, Ministry of National Defense, 2 March 2004.
[5] See Landmine Monitor Report 2004, p. 1,238, for known details on Taiwan’s past production, stockpiling, and destruction of antipersonnel mines. In 2002, Taiwan sent 42,175 stockpiled antipersonnel mines to Germany for destruction.
[6] Meeting with Gen. Ren, Kinmen Defense Command, Kinmen Island, 14 November 2010.
[7] Telephone interview with Col. Zhong Zhao-ni, Division of Army Engineers, 3 April 2012.
[8] Report to the 8th Session of the Legislative Yuan was made on 2 February 2012. The Anti-personnel Landmines Regulation Act does not specify any specific format for reporting to the Yuan.
[9] Letter from Wu Jin-lin, Secretary-General to the President, Office of the President of the Republic of China (Taiwan), 19 August 2011.
[10] Ibid.
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