Mine ban policy overview

Policy

The Lao People’s Democratic Republic (Lao PDR) has not yet acceded to the Mine Ban Treaty. Lao PDR officials have stated on many occasions that the government made a decision in 2004 to accede to the Mine Ban Treaty, but that the country needs time to prepare to meet the treaty’s obligations.[1]

Since 2004, the Lao government has cited the treaty’s mine clearance obligation and deadline under Article 5 as an obstacle to accession. Lao PDR has also expressed concern regarding the possible diversion of resources from UXO clearance activities to a focus on antipersonnel mines.[2] In addition, the Lao military may still see utility in the mines on the Thai border laid long ago. 

Lao PDR played a leading role in the development and adoption of the Convention on Cluster Munitions in 2007 and 2008, and will host the First Meeting of States Parties in November 2010.  Lao officials have acknowledged the close relationship of the two conventions and indicated that there are discussions within different ministries about the desirability of making an announcement about Lao PDR joining the Mine Ban Treaty prior to, or at the time of, the First Meeting of States Parties.[3]

At the June 2010 Mine Ban Treaty intersessional Standing Committee meetings, Lao PDR told States Parties that it was “in the process of consultation with all Ministries concerned to verify [our] readiness to meet all obligations” of the treaty. We are confident that, with all the efforts we are undertaking and the support from the international community, the Lao PDR would be able to become party [to the Mine Ban Treaty] in the coming years.”[4]

Lao PDR also noted that since 2004, “preparations have been made in order to allow us to meet all obligations [of the treaty]. A number of workshops and seminars have been conducted to raise public awareness and improve national capacity, particularly for military personnel to understand their responsibilities.”[5]

In April 2010, Prince Mired Raad Zeid Al-Hussein of Jordan visited Lao PDR on his first mission in his capacity as “Special Envoy on Universalization” of the Mine Ban Treaty in 2010.  Following his visit, he wrote to the Minister of Foreign Affairs of Lao PDR noting that he was extremely pleased to learn that there is openness to acceding to the convention. Regarding Lao PDR’s concerns that accession could mean diversion of resources from cluster munition remnant clearance to landmine clearance, he offered assurances that this would not be the case and that States Parties would have no expectation that Lao PDR would not address first those areas where explosive hazards pose the greatest threat.[6] 

In March 2010, a representative of the National Regulatory Authority (NRA) told Landmine and Cluster Munition Monitor that “the Ministry of Foreign Affairs was in the process of drafting the voluntary report in accordance with Article 7, in consultation with the Ministry of Defense, and that although a time line for accession has not been set, the decision remained firm and more optimistic in 2010.”[7]

The NRA representative stated that the only concern the country has regarding accession to the Mine Ban Treaty is implementation of Article 5. He noted that Lao PDR is the country most affected by explosive remnants of war, and as a State Party to the Convention on Cluster Munitions, is concerned that with its limited resources, it may not be able to comply with both conventions’ obligations at the same time.[8]

Lao PDR sent observers to the Second Review Conference of the Mine Ban Treaty in Colombia in November–December 2009. In a statement during the high-level segment, Lao PDR noted the various aspects of its positive engagement toward the treaty in recent years and said that the support of the international community should allow Lao PDR to become party to the treaty “in coming years.” It also stated that it was in the process of drafting a voluntary Article 7 transparency report.[9]

On 2 December 2009, Lao PDR voted in favor of UN General Assembly resolution 64/56, calling for universalization and full implementation of the Mine Ban Treaty. This was the third consecutive year it has voted in favor of the annual resolution, after abstaining in all previous years.

In May 2009, Lao PDR first stated that it was “considering a voluntary transparency report, which can help the international community deeper understand the facts and reality on the ground, as well as to demonstrate the desire and the intention of Lao PDR toward the goal and aspiration of this Convention.”[10]

Use, stockpiling, production, and transfer

In 2008, Lao PDR acknowledged that it has used mines in the past “to protect its borders,” but said it has not laid new minefields for the past two decades. It also said that the government is not a producer or exporter of antipersonnel mines, but continues to hold a small stockpile.[11]