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Comments Received by Landmine Monitor

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Country: Eritrea
Date Received: 30 Aug 2001

The State of Eritrea
Ministry of Foreign Affairs

31 August 2001

MFA/Ai/128/01

The Ministry of Foriegn Affairs of the State of Eritrea presents its compliments to the Landmine Monitor Unit, Human Rights Watch, and has the honor to acknowledge receipt of its faxed communication, dated 17 July 2001. While regretting the delay, due to circumstances beyond its control, of a response to its previous communication, the Ministry wishes to inform Eritrea's position on the matter as follows:

  1. It has been confirmed by all interested third parties that Eritrea, although not a signatory t othe Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and On their Destruction, had scrupulously adhered to its provisions and had not used land mines during the first two (2) stages of the Ethiopian aggression.
  2. It has been verified and confirmed by the third parties, that Ethiopia, a signatory to the Convention, had systematically and massively used land mies not only during its aggression but also after the signing of the Cessation of Hostilities and Comprehensive Peace Agreement
  3. Eritrea started using ant-personnel mines only during the thrid aggression in mid-2000 to defend its sovereignty and territorial integrity after it became evident that it would be futile to respect the convention when Ethiopia, a signatory, was cynically violating it.
  4. Eritrea has already fulfilled its obligations under the Comprehensive Peace Agreement by submitting to the United Nations Mission to Ethiopia and Eritrea (UNMEE) all the necessary maps and information on landmines, on the other hand, Ethiopia has been using all pretexts and excuses to not submit complete information as it is requested to do by the Peace Agreement with a view to obstucting the return of Eritrean peasants to their lands in time for the sowing and planting season.
  5. Eritrea has now signed the Convention but wishes to remind the Landmines Monitor, Human Rights Watch, and other well-meaning groups, that is now evident that the convention shall be still-born if severe mandatory sanctions are not taken against first violators like Ethiopia which render the principle Pacta Sunt Servanda meaningless. Since other states will be forced to protect themselves against such first violators.

The Ministry of Foreign Affairs of the State of Eritrea avails itself of this opportunity to extend to the Landmine Monitor and Human Rights Watch the assurances of its highest consideration.


Country: Ethiopia
Date Received: 13 Jun 2001

Date: 13 JUN 2001
No. 3-2/35h/29/01

Federal Democratic Republic of Ethiopia
MINISTRY OF FOREIGN AFFAIRS

Dear Ms. Mary Wareham,

I have the honour to refer to your letter dated 25 May 2001 requesting our comments on the forthcoming Third Annual Report of Landmine Monitor, including a confirmation or denial of use by Ethiopia of antipersonnel landmines since May 2000.

At the outset, I would like to appreciate your concern to reflect the objective reality regarding the use of antipersonnel landmines in the forthcoming Landmine Monitor Report 2001.

As you are probably aware, Ethiopia is a signatory to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on their Destruction (1997 Mine Ban Treaty). Ethiopia's active participation throughout the negotiation process of the convention would undoubtedly show the particular attention the Government has given to the issue. In fact, Ethiopia has gone through terrible experiences with the effects of antipersonnel landmines during the Italian colonial invasion of 1936 and the Somali invasion of 1977/78. Similarly, Mengistu's defunct regime massively used antipersonnel landmines on several frontlines in the country from 1974 to 1991.

In its unprovoked aggression of Ethiopian territory, the Eritrean invading army planted hundreds of thousands of antipersonnel landmines in an arera that covers more than ten thousand sq. kms. As a result, the ongoing repatriation and rehabilitation of displaced persons in the liberated Ethiopian areas is provoked to be extremely difficult. The planted antipersonnel landmines are causing several casualties of civilians, including children and women. It is unfortunate and regrettable that there has not been significant effort on the part of the international community to put the necessary pressure on Eritrea to restrain itself from this irresponsible conduct and adhere to the established standards set under the Convention.

Ethiopia being the victim of Eritrean aggression did not have the need to plant landmines as it was fighting mobile warfare to liberate its occupied territories. It was the Eritrean army that had to mine the fields in order to defend the areas it forcefully occupied. Hence, Ethiopia, the victim of Eritrea's aggression since 6May 1998, did not use antipersonnel landmines throughout the course of the war. In fact, on the contrary, the Ethiopian army was forced to engage in landmine clearance. While this is the fact on the ground, it would not be quite appropriate to wrongfully accuse Ethiopia as using antipersonnel landmines. This, in my opinion, would have the effect of defeating rather than serving the objectives and goals of the Mine Ban Treaty.

It has to be noted that a unilateral adherence of a state cannot ensure the proper realization of the spirit of the convention while there are certain other states in the Horn of Africa which have a very high propensity to use antipersonnel landmines as a matter of routine battle strategy instead of adhering to the international-legal norms that ban the use of antipersonnel landmines. The prevalence of this situation in our region poses a serious threat to the national security of my country as well as the stability of the whole region. I, therefore, believe that it would be wise and reasonable to adopt a regional approach whereby the international community would put the necessary pressure on those states in the Horn region to expeditiously adhere to the letter and spirit of the Convention. This is a challenge not only to my Government but to the international community at large.

Although I am very much disappointed in your anticipation that Ethiopia will be identified in the Report as a government that has used antipersonnel landmines since May 2000, I am confident that you would reconsider your anticipation in good faith in light of the objective reality of the country during this period. I am indeed pleased with your commitment to reflect our views in the report.

I would, therefore, appeal to your conscientious to reconsider your position in view of the above and to come up with a report that reflect the reality on the ground. I appreciate your proposal to engage in constructive dialogue with the Government of Ethiopia. I am confident that it would further augment your endeavor to objectively monitor the proper implementation of the Convention.

Please accept, Dear Coordinator, the assurances of my highest regards.

Signed:
Seyoum Mesfin
Minister of Foreign Affairs
Federal Democratic Republic of Ethiopia


Country: Federal Republic of Yugoslavia
Date Received: 14 Jan 2000

PERMANENT MISSION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA TO THE UNITED NATIONS
854 FIFTH AVENUE, NEW YORK, NY 10021 TEL: (212) 879-8700 FAX: (212) 879-8705

no. 09/2000

14 January 2000

Dear Mrs. Bernstein,

I have the honour to trasmit, enclosed herewith, a copy of the letter of HE Mr. Miroslav Milosevic, Assistant Federal Minister of Foreign Affairs of the Federal Republic of Yugoslavia, addressed to you.

Please accept, Mrs. Bernstein, the assurances of my highest consideration.

Signed: Dragana Ivanovic
Minister-Counsellor

FEDERAL REPUBLIC OF YUGOSLAVIA
FEDERAL MINISTRY OF FOREIGN AFFAIRS

Belgrade, 11 January 2000

Dear Mrs. Bernstein,

Regarding your letter of 24 November 1999, addressed to the Federal Minister of Foreign Affairs Mr. Zivadin Jovanovic and the interest you expressed in having the FR of Yugoslavia join the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, I would like to inform you of the following:

I appreciate very much your involvement in the matter as a Campaign to Ban Landmines Coordinator. You are surely aware that in spite of the expressed interest of the FR of Yugoslavia to take part in the preparatory stage for the Convention, it has not been given the opportunity to do so from the very outset. Having joined the negotiations at a later stage, it was not possible for the FR of Yugoslavia to make all necessary preparations related to its possible accession to the Convention before the Ottawa Conference, held in December 1997.

The NATO aggression against the FR of Yugoslavia in March-June 1999 has raised completely new questions about the use of inhumane weapons, among which anti-personnel landmines represent but only one category. As it is known, the FR of Yugoslavia was exposed to large-scale destruction as a result of the use of the most hazardous types of inhumane weapons such as cluster bombs, depleted uranium bombs, thermal bombs, etc. which caused the death of a large number of civilians, children in particular as well as the destruction of plants, infrastructure, schools, hospitals and numerous civilian properties. Additionally, the civilian population in Kosovo and Metohija was also a victim of anti-personnel landmines planted by the terrorist organization of the so-called KLA. The deployment of KFOR has not helped the situation at all. The overall location and the number of inhumane weapons used.

In view of the long-lasting commitment of the FR of Yugoslavia to the process of disarmament and arms control, I wish to assure you that we stand ready to continue to participate actively in the efforts towards the elimination of all types of weapons, inhumane weapons in particular and will make our concrete contribution to this as soon as appropriate conditions have been created to this effect.

I sincerely hope that you will, for your part, as Campaign Ban Landmines Coordinator, soon launch a campaign to ban other types of mines, like those used by NATO in its aggression against the FR of Yugoslavia.

Yours sincerely,
(signed) Miroslav Milosovic
Assistant Federal Minister


Country: Gabon
Date Received: 17 Feb 2000

L'Ambassadeur Haut Representant de la Republique Gabonaise en France

17 February 2000 Madame,

J'ai I'honneur d'accuser reception de votre lettre du 26 janvier relative a la Campagne Internationale pour l'Interdiction des Mines Antipersonnel et pour leur Destruction, document dont j'ai pris connaissance avec la plus grande attention.

Je transmets votre correspondence a notre Gouvemement a Libreville et je ne doute pas qu'elle sera prise en consideration en vue d'une ratification rapide du Traite International d'Interdiction des Mines Antipersonnel, mais si vous le desirez, j'accepterais volontiers de vous recevoir, A une date que nous devrons fixer d'un commun accord, en fonction de mes obligations diplomatiques actuelles.

Avec mes sentiments les meilleurs, je vous prie d'agreer, Madame, 1'expression de ma consideration la plus distinguee.

Honorine Dossou-Naki
Madame Sylvie BRIGOT
Coordinatrice de la Campagne Franqaise Pour Interdire les Mines
Handicap International
104/106, rue Oberkampf
75011 PARIS


Country: Georgia
Date Received: 22 Sep 2003

Letter to:
Georgian Armed Forces
Head of General Staff
Lieutenant general
Mr.Joni Pirtskhalaishvili

#1-05/2.05.2003

In newspaper “Akhali Taoba” (New Generation) of 17 March 2003 (N74, p.7) was published the interview with Mr.Emzar Kvitciani, representative of President in Kodori gorge, in which he announced that “Georgian side, for the avoidance of unexpectedness, is permanently mining the main direction of Kodori gorge”. The fact of mining contrarys to the moratorium on the use of antipersonnel mines of the president of Georgia, Mr.Eduard Shevardnadze, announced in 1996.

We are interested in verity of this fact, and if it is truth – what are the means conducted by Georgian Armed Forces to implement the moratorium announced by the president of Georgia.

Sincerely,

Narine Berikashvili
Informational Manager
ICBL Georgian Committee

*****************************************************************************

Letter to:
Narine Berikashvili
Informational Manager
ICBL Georgian Committee

#3-11/814 30.05.2003

Answering on your letter of 2 May 2003 (#1-05), we would like to inform you that Georgian Armed Forces always completely carries out orders of president of Georgia. Hence the elements of armed Forces of Ministry of Defense of Georgia have never used forbidden military weapon. Concerning the interview of Mr. Emzar Kvitciani, in our conversation was revealed that the correspondent of the newspaper, maybe, understood in wrong way, the information of Mr. Kvitciani, what caused the mistaken enlightening of materials on “permanent mining”.

Mr. Loria
Major general
Head of Logistics Management Center
Ministry of Defense of Georgia

*****************************************************************************

Letter to:
Ministry of Foreign Affairs of Georgia
Deputy minister
Mr.Merab Antadze

#1-05/2.05.2003

In newspaper “Akhali Taoba” (New Generation) of 17 March 2003 (N74, p.7) was published the interview with Mr.Emzar Kvitciani, representative of President in Kodori gorge, in which he announced that “Georgian side, for the avoidance of unexpectedness, is permanently mining the main direction of Kodori gorge”. The fact of mining contrarys to the moratorium on the use of antipersonnel mines of the president of Georgia, Mr.Eduard Shevardnadze, announced in 1996.

We are interested in verity of this fact, and if it is truth – what are the means conducted by Ministry of Foreign Affairs of Georgia to implement the moratorium announced by the president of Georgia.

Sincerely,

Narine Berikashvili
Informational Manager
ICBL Georgian Committee

*****************************************************************************

Letter to:
Narine Berikashvili
Informational Manager
ICBL Georgian Committee

#8-14/621 23.05.2003

Answering on your letter of 2 May 2003, concerning the information disseminated by the means of mass media on the fact of antipersonnel mines usage on the controlled territory in Kodori gorge by the Georgian central authorities, we want to inform you that there was conducted the meeting in Ministry of Foreign Affairs of Georgia with Mr.Emzar Kvitciani, representative of President in Kodori gorge.

During this meeting, Mr.Kvitciani categorically denied the disseminated information on antipersonnel mines usage in Kodori gorge by Georgian governmental foundations. Due to the explanation of representative of President, the correspondent of “Akhali Taoba” (New Generation) made the wrong interpretation of his announcement on the implemented activities on liquidation of territories mined in the result of conflict.

In accordance with the information of Mr.Kvitciani, in Kodori gorge, both on controlled by Abkhaz separatists as well as on territories controlled by Georgian central authorities really exists the territory mined by Georgian side left since active military operations’ period. At the same time, Abkhaz separatists still continue to mine the territory controlled by them.

The Georgian central authorities are interested in neutralization of the mentioned territories, though, from this turn, there are problems of political, financial, technical and expert character.

On the assumption of above written, we inform you, that, in Kodori gorge, there was not the fact of violation of the moratorium of president of Georgian, announced in 1996, and ask you to take into consideration the checked by us information in your materials for “Landmine Monitor”.

Sincerely,

Mr.Shota Dogonadze
Deputy Minister
Ministry of Foreign Affairs of Georgia


Country: Georgia
Date Received: 10 Jul 2001

To: Mrs. Mary Wareham
Coordinator, Landmine Monitor
c/o Human Rights Watch
1630 Connecticut Ave NW #500
Washington, DC 20009, USA

Dear Mrs. Wareham:

Let me express our gratitude for your letter concerning preparation of the third annual report of Landmine Monitor. Georgia attaches great importance to the issue of banning antipersonnel mines and considers the above-mentioned report as a very crucial component in achieving such a noble goal as the mine-free world.

In reply to your inquiry I would like to state that the governmental structures of Georgia has neither tacitly nor openly supported Georgian partisans in their use of antipersonnel mines. The official position of Georgia in this repsect is widely known to the international society. Since the moratorium declared by President Shevardnadze in 1996 Georgia has been strictly abstaining from use, manufacture and import of antipersonnel mines.

In connection with the Landmine Monitor Report 2000 we would like to draw your attention on several issues which are a matter of deep concern for us.

First of all, the facts of referring to Georgia and Abkhazia as two independent states and subjects of international law are absolutely inadmissable for Georgian side. The prevalent and only form of mentioning Abkhazia in the official documents of such international organizations as United Nations, OSCE etc. goes as follows - "Abkhazia, Georgia."

Moreover, we consider the fact of placing the report from this Abkhazian region separately from the part dedicated to the current situation in Georgia as inadequate and contrary to the position of the international community that remains unambiguous in this respect and does not acknowledge the sovereignty of the separatist regime.

With regard to the number of landmine victims during the hostilities in Abkhazia, Georgia, the Head of Science and Technical Research Department of the General Staff of Georgian Armed Forces Colonel Tavadze, who was cited in the report, claims that the information stating 70% of casualties of hostilities being the landmine victims adduced in the report significantly differs from the one he brought indeed. In fact, the mentioned figure of 70% is likely to be quite far from the reality.

We would like also to note that according to the information received from the Ministry of Defence of Georgia and the State Department of the State Border Protection there is not any sort of minefields located on the Georgian side of the state border between Georgia and Turkey.

In reply to your suggestion, we would like to underline that Georgian side remains open to hold the meetings with the representatives of ICBL.

I very much hope that our comments and remarks will be taken into consideration and included in a new version of the report. As a conclusion, let me express the readiness of the Georgian side to aim every effort at enhancing our cooperation in the future.

Sincerely,

Giorgi Burduli
First Deputy Minister


Country: Georgia
Date Received: 06 Jul 2000

Georgia
Ministry of Foreign Affairs
06-07-2000 To: Mr. Stephen D. Goose
Program Director, Arms Division
Human Rights Watch
On behalf of the Landmine Monitor Core Group

Dear Mr. Goose,

I would like to express our gratitude for giving us an opportunity to make comments on the issue of landmine use on the territory of Georgia and I hope, that these comments will be included in the second annual report of Landmine Monitor - Landmine Monitor Report 2000: Toward a Mine-Free World.

I assure You, that the Georgian Military Forces has been strictly abstaining of laying landmines since long before than March of 1999. Unfortunately, as You are aware, certain parts of Georgia, including mentioned Abkhazia region are not under the control of the Government of Georgia, therefore we are not able to control any kind of military or paramilitary activities there. Neither the Government of Georgia is supporting or controlling the paramilitary units functioning on the above mentioned territories.

Currently, the Georgian government is experiencing some strong difficulties in finding technical and financial resources and skilled personnel necessary for carrying out the de-mining activities throughout its territory. Nevertheless, we are deeply concerned with the landmine problem and despite the present difficulties strive to find the ways out and try to deal with the problem even in the parts of Georgia, which are not currently under our control. One of the most successful efforts towards this direction is the demining activity carried out with the help of British Charity Organization, "the HALO Trust" in Abkahazia, Georgia. In foreseeable future the conclusion of a new agreement between Georgia and "the HALO Trust" is expected, which will further enlarge the scope of de-mining in this region.

Having stated the above mentioned, I would like to underline that Georgia has been a supporter of "Ottawa Process" and shares its ultimate goal of complete elimination of the landmines.

I would also like to reiterate our support to the International Campaign for Banning Landmines and express our will to reach on of the most important goals of mankind- world free of landmines.

Sincerely Yours,
Georgi Burduli
First Deputy Minister


Country: Germany
Date Received: 10 Oct 2002

Berlin, 10, Oktober 2002
Telefon 0188 17-0 / Fax: 17-3402
Referat: 241, Verfasser: LRI Morgenstern
Durchwahl: 17 1465 / Fax. 17 51465
Fax Sekretariat: 01888 17-

International Campaign to Ban Landmines
(ICBL)

Mrs. Susan Walker

Geneva
By email

Retr.: ICBL Landmine Monitor/Executive Summary 2002

Dear Mrs. Walker,

May I draw your attention to some information contained in the "Landmine Monitor-Executive Summary 2002", page 20, that needs rectification.

Germany is mentioned as a country still retaining stocks of Claymore Landmines. This information is incorrect. Germany destroyed all Claymore Mines and does not retain any stocks of this type of mine, also not those of the command detonated mode.

With regard to the provenance of the 38959 M18A1 Claymore Mines that Germany has received for the purpose of destruction this information you might refer to the interpretation offered by the chapter on Germany in the current issue of the LM..

Sincerely,
p.o.
gez.
Berthold James
Head of Division of Arms Control
(Name des Zeichnenden in Maschinenschrift ohne Klammern)


Country: Germany
Date Received: 21 Sep 2000

Markus Haake, Co-ordinator of the German Initiative to Ban Landmines received a letter of the German Ministry of Defense, dated 21 September 2000, with following comments referring to the LM 2000 Country Report on Germany (p.647).

"- AT 1 has for many years not been the Bundeswehr inventory,

- AT 2 does not have a magnetic detonator,

- DM-21 only has a pressure-operated detonator,

- DM-31 does not have an anti-handling-device,

- PM 60/K1: The Bundeswehr at no time took over mines of the former GDR for its own use. According tho our regulations, a statment of Functional and Operational Safety, would be necessary for this purpose; this statement was not made,

- COBRA is neither under development nor in Production,

- SMART does not have a fragmentation warhead."


Country: Greece
Date Received: 03 May 1999

LM Discussion with Greek DelegationHead of Delegation, John Korinthia

Maputo, Mozambique

3 May 1999

LM: Susan Walker (ICBL)

Mr. Korinthia wanted to speak about "mistakes" in Landmine Monitor

  1. Numbers look incorrect to him, but he will verify.
  2. Greece ratified Protocol II (possibly 13 Jan 1999, to be verified)
  3. Incorrect name (Mr. Korinthia: "we are very sensitive about this")

FYROMFormer Yugoslav Republic of Macedonia