Cyprus

Mine Ban Policy

The Republic of Cyprus signed the Mine Ban Treaty on 4 December 1997 and ratified it on 17 January 2003, becoming a State Party on 1 July 2003. Cyprus states that domestic implementation of the treaty is achieved through the legislation adopted for ratification.^[1] In addition, the “Law Concerning Explosive Materials of 2005” makes it a crime to use, produce, stockpile, import, export, sell, transfer, or transport any explosive material without the necessary authority.^[2] The National Committee for the Implementation of the Ottawa Convention and the Cyprus Mine Action Centre (CYMAC) are responsible for implementation of treaty obligations.

Cyprus attended the Eighth Meeting of States Parties in Jordan in November 2007 and made statements on stockpile destruction and mine clearance. Cyprus also attended the intersessional Standing Committee meetings in Geneva in June 2008, and made a statement on mine clearance.

Cyprus submitted its updated annual Article 7 report in 2008, covering calendar year 2007.^[3] It had previously submitted four Article 7 reports.^[4]

On certain matters of interpretation and implementation related to Articles 1, 2 and 3 of the Mine Ban Treaty, Cyprus has stated its view that the treaty prohibits foreign stockpiling and transshipment of antipersonnel mines, and, in the case of Article 1(c) of the treaty, “prohibits common military exercises of states parties to the Convention with the armed forces of states that have not ratified the Convention.”^[5]

Cyprus is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. It attended the Ninth Annual Conference of States Parties to the protocol in November 2007, but as of June 2008 had not yet submitted its national annual report for 2007 in accordance with Article 13. Cyprus is not yet party to CCW Protocol V on explosive remnants of war.

Cyprus attended as an observer the Dublin Diplomatic Conference on Cluster Munitions in May 2008.

Production, Transfer, Stockpiling, and Destruction

Cyprus maintains that it has never produced or exported antipersonnel mines.^[6] In its initial Article 7 report, Cyprus declared a total of 48,475 stockpiled antipersonnel mines before the destruction program started in December 2003.^[7] The stockpile consisted of eight types or variants of mines from China, Singapore, Taiwan, and the United States.^[8]

Cyprus completed its stockpile destruction program on its treaty-mandated deadline of 1 July 2007. In its latest Article 7 report, Cyprus stated that it destroyed 15,394 stockpiled antipersonnel mines in 2007.^[9] The mines were destroyed by open detonation at the Xintous Military Testing Range at Vizakia village, and at the Kalo Chorio Military Testing Range in Larnaca district.^[10] Cyprus noted that its stockpile destruction “demonstrates the Government’s political will for peace and reconciliation on the island.”^[11]

Mines retained for research and training

Cyprus has stated that it is retaining 1,000 antipersonnel mines for training and development purposes under Article 3 of the treaty.^[12] The mines are stored at the National Guard warehouse at Palodia village near Limassol and are used by CYMAC. The total retained is made up of 100 each of types m²A1, m²A3, M16A1, and M16A2, as well as 200 each of M16, VS-50, and GLD-112 types.^[13] This number has not changed since 2003, indicating that none of the mines are being consumed in training activities. In June 2008, an official told Landmine Monitor that Cyprus has no plans to destroy any of its retained mines, as long as it can retrieve mines from its minefields and use these for training purposes.^[14]

Cyprus has yet to provide details on the intended purposes and actual uses of its retained mines. In its past three Article 7 reports, Cyprus did not use the expanded Form D on retained mines agreed by States Parties in December 2005.

Landmine/ERW Problem

Cyprus is contaminated by landmines, both antipersonnel and antivehicle, and explosive remnants of war (ERW). The island has been divided geographically and politically by a heavily mined buffer zone since 1974 when Turkish forces took control of the north. Minefields were laid within and outside the buffer zone by both the Greek Cypriot National Guard and Turkish Armed Forces.^[15]

The Ministry of Foreign Affairs had previously asserted that no antivehicle mines were laid on territory controlled by Cyprus to the south of the buffer zone.^[16] In 2008, the Ministry of Defence confirmed that “antitank” but not “antivehicle” mines remained in these areas.^[17] The ICBL considers that the term “antivehicle mine” covers all antitank mines. All minefields laid by Cyprus south of the buffer zone were mixed (both antivehicle and antipersonnel) but clearance operations remove only the antipersonnel mines.^[18] It is not known if the “antitank” mines are being replaced with newer mines, although the Ministry of Defence has declared that no antihandling devices have been attached to them.^[19]

Cyprus’s 2004 National Plan for fulfillment of its Article 5 obligations asserted that there were, originally, seven National Guard minefields and one other suspected hazardous area (SHA) in the buffer zone, and 27 Turkish minefields in the buffer zone as well as minefields in Turkish-controlled areas.^[20] According to the UN Mine Action Centre in Cyprus (MAC-C), within the buffer zone there were originally 48 SHAs. Subsequent investigation and survey increased this number to 71 SHAs, of which 42 had been cleared by June 2008.^[21]

The total size of all 29 remaining SHAs was less than 8km², and contained some 20,000 mines (5,000 antivehicle mines with 81 booby-traps^[22] and 15,000 antipersonnel mines).^[23] The extent of unexploded ordnance (UXO) contamination was said to be “negligible.”^[24] This included 26 minefields laid by Turkish forces that were agreed for clearance in January 2008, 14 of which the MAC-C expected to clear before the end of 2008,^[25] and some SHAs for which access had still to be granted by the respective parties.^[26] According to the Ministry of Foreign Affairs, all National Guard minefields had been cleared within the buffer zone.^[27] However, whether three National Guard minefields were located inside or outside the buffer zone was the subject of ongoing discussion as of June 2008.^[28] Both sides dispute whether certain areas fall within the buffer zone.^[29]

In areas under Cyprus’s control outside the buffer zone, the Ministry of Defence reported that as of April 2008, 10 National Guard minefields covering a total area of 229,800m² remained to be cleared of antipersonnel mines.^[30] The remaining minefields were located near the communities of Athienou, Dali, Geri, Lympia, Louroutzina, Potamia, and Trouloi, although clearance operations around Athienou were expected to be completed before the end of 2008.^[31] Demining of mined areas near Pyla village was, as indicated in the previous Landmine Monitor report, completed in March 2006.^[32] There is also an old National Guard firing range to be cleared, at Paphos;^[33] clearance was expected to be completed before the end of 2008.^[34]

There are also mines in areas north of the buffer zone under the control of Turkish forces, although the extent of contamination is not known.^[35]

Civilians are banned from government minefields south of the buffer zone. Clearance of the firing range at Paphos, however, will enable the land to be returned to its owner.^[36] Within the buffer zone, some of the areas cleared have been returned to their owners and limited cultivation has been taking place (see section below on mine action evaluations).^[37] In the Turkish-controlled north of the island, authorities have said that mines impact agricultural activities. Due to “security and border-related reasons,” farming in the buffer zone is not possible everywhere.^[38]

Mine Action Program

Coordination and management

The Ministry of Defence is in charge of the technical aspects of Mine Ban Treaty implementation, with the Engineers Corps Command of the National Guard tasked with clearing emplaced minefields. An interministerial National Committee responsible for the full implementation of the treaty was established in May 2003,^[39] but since adopting the National Plan (see below) has had no cause to meet.^[40]

Cyprus has two mine action centers. The Cyprus Mine Action Centre (CYMAC), under the command of the Engineer Corps, is responsible for implementation of the Mine Ban Treaty and CCW Amended Protocol II. The UN Mine Action Centre in Cyprus (MAC-C), established in 2004, supports coordination between the UN Peacekeeping Force in Cyprus (UNFICYP), the Republic of Cyprus, Turkish Armed Forces and the European Union. MAC-C is responsible for supervising demining operations in the buffer zone.^[41]

MAC-C uses the Information Management System for Mine Action (IMSMA) for operations in the buffer zone, and makes data available on request. The latest version of IMSMA was installed in 2006 but due to technical problems relating to the migration of data has not become fully operational.^[42] MAC-C operates under the Partnership for the Future (PFF) program and is implemented by the UN Development Programme (UNDP).^[43]

Turkish Forces in the north of Cyprus do not have any permanent mine action center.^[44] The “Ministry of Foreign Affairs” of the authorities in the north claim responsibility for management and policy making, and have stated that the Turkish Cypriot Security Forces, who are responsible for demining, act under the control of the ministry.^[45]

National mine action legislation and standards

Operations in the buffer zone are said to be carried out according to the International Mine Action Standards (IMAS), which were developed into safety guidelines, creating a basis for standing operating procedures for contractors.^[46]

Status of strategic mine action planning

Cyprus’s strategic plan for fulfillment of its Article 5 obligations remains based on the National Plan,^[47] which was first issued in September 2004. The plan included an annual timetable for the clearance of the 18 minefields situated in Cyprus-controlled areas.^[48]

Integration of mine action with reconstruction and development, and mine action evaluations

According to MAC-C, demining in the buffer zone has had a significant economic impact. By facilitating the opening of new crossing points it allows increased trade and population movement.^[49] In April 2008, Mines Advisory Group conducted an impact assessment of cleared areas in the buffer zone for MAC-C. The assessment found that the most significant impacts of clearance have been “its use as a confidence-building measure and the opening of crossing points. These political and practical benefits have had positive impacts that reach island-wide.”^[50]

The assessment further concluded that there has “definitely been positive economic and social impact as a result of clearance of the other areas, but these benefits are currently only being reaped by a relatively small number of people. Although there are areas that cannot yet be used, their potential impact should not be underestimated. Political, humanitarian, social and economic benefits will come to individuals that own the land, and also the population of Cyprus as a whole.”^[51]

Demining

Demining of National Guard minefields within the buffer zone started in November 2004. In the buffer zone, MAC-C manages demining with two demining operators: ArmorGroup Services carries out clearance and Mines Advisory Group carries out quality management. At the request of MAC-C, the National Guard agreed to provide a military observer to monitor mine clearance activities on behalf of the government.^[52] Clearance of Turkish forces minefields in the buffer zone started in December 2007, and is supervised by MAC-C. A military observer representing the Turkish forces monitors mine clearance operations on their behalf.^[53]

The clearance of National Guard minefields in areas controlled by Cyprus outside the buffer zone began in 2005 with a demining team from the National Guard.^[54] As previously reported, it was planned that when stockpile destruction was completed (by July 2007), the National Guard would assign a second demining team to speed up the clearance effort. This did not happen, as a result of the need to clear the firing range at Paphos.^[55]

Identifying hazardous areas

In October 2006, a joint “general impact survey” was conducted on minefields laid by Turkish forces fully or partially inside the buffer zone,^[56] following an agreement with MAC-C.^[57] This was the first time in 30 years that the UN had been allowed to perform such work with respect to minefields laid by Turkish forces. Of the 22 areas visited, 21 had some fencing to indicate the actual mined area.^[58]

Marking and fencing of affected areas

Cyprus has claimed that all mined and mine-suspected areas in government-controlled territory outside the buffer zone have been identified, perimeter-marked, and fenced, as required by Article 5 of the treaty prior to clearance.^[59]

In the buffer zone, most of the minefields were not fenced in strict accordance with IMAS: of those that were, most were located along the UNFICYP patrol track. Access by the public to the buffer zone is restricted.^[60] According to MAC-C, it is not possible to fully fence all areas, as access to certain areas is restricted by the parties concerned. MAC-C has stated that all newly identified SHAs within the buffer zone are fenced in accordance with IMAS.^[61]

Turkish forces have informed MAC-C that mines in minefields emplaced by them are laid in “military patterns.” Turkish forces also declared that they had “accurate” minefield records and maps,^[62] which were handed over in February 2008 to facilitate clearance of the contaminated areas.^[63]

Mine and ERW clearance in 2007 and 2008

In 2007, in accordance with its plans,^[64] two minefields containing 185 antipersonnel mines were cleared by CYMAC in areas outside the buffer zone controlled by Cyprus.^[65] The minefields remained, as the antivehicle mines were not cleared.^[66] Clearance is manual. Operations cease in August each year, because of the heat.^[67]

Inside the buffer zone, in 2007, MAC-C cleared eight SHAs of unknown origin.^[68] No contamination was found.^[69] Currently, only manual demining is used in the buffer zone although through end 2007, mine detection dogs were also used. In late 2008, MAC-C planned to hire a mini-flail for a short period to speed up clearance productivity between the panels of mines laid in minefields.^[70] The National Guard and Turkish Forces each provide a military observer who signs completion certificates for their respective minefields.^[71] A demining accident that occurred in March 2008 (see below section on casualties) was investigated by MAC-C which found that the accident had been avoidable and that no changes were needed to standing operating procedures.^[72]

MAC-C was not aware of any clearance by Turkish forces outside the buffer zone, in areas under the control of the authorities of the north.^[73]

Mine and ERW clearance in 2003–2007

Demining statistics for calendar year 2007^[74]

Summary of Efforts to Comply with Article 5

In accordance with Article 5 of the Mine Ban Treaty, Cyprus is required to destroy all mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 July 2013. Overall, clearance continued to be slow in 2007 in Cyprus, but positive developments between Cyprus and authorities representing the Turkish-controlled areas suggest the clearance rate may increase in the future. The agreement in December 2007 that MAC-C may demine 26 minefields laid by Turkish forces is a breakthrough in continuing efforts to implement Article 5 of the Mine Ban Treaty.

For 2008, the National Guard planned to clear a further two minefields south of the buffer zone of antipersonnel mines only, leaving the antivehicle mines, as well as to clear the old National Guard firing range at Paphos.^[75] In June 2008, Cyprus declared that it was on schedule to complete clearance in areas it controlled.^[76]

Cyprus’s National Plan for demining the island claimed that under the Mine Ban Treaty Turkey is responsible for clearing all mined areas in the occupied part of Cyprus as well as those laid down in the buffer zone by Turkish Armed Forces.^[77] It has not yet accepted its own legal responsibility for clearance by virtue of its assertion of sovereignty over the whole island, including areas controlled by Turkish forces.

Landmine/ERW Casualties

In 2007, no new mine casualties were reported in Cyprus.^[78] However, on 28 March 2008, a Mozambican demining team leader was seriously injured in an “avoidable accident” in a marked Turkish-laid minefield.^[79] This was the first landmine casualty since 2004, when a civilian was injured.^[80]

The total number of mine survivors in Cyprus is not known. Between 1993 and the end of 2007, two civilians and three deminers were killed by mines. In addition, UNFICYP reported that three UN peacekeepers were killed in mine incidents and several civilians were injured or killed.^[81]

Landmine/ERW Risk Education^[82]

In 2007, the UN Police in Cyprus (UNPOL) continued providing mine/ERW risk education (RE) to civilians working in the buffer zone. This program started in 2006 and primarily targeted farmers who must receive RE each year as a condition to renew their farming licenses. Some 12 UNPOL staff trained by MAC-C provided RE to 500 farmers and other civilians as planned. Deminers also received RE.

UNFICYP prepared booklets and posters in three languages for distribution in schools as part of its plan to expand RE to rural schoolchildren in the buffer zone. However, authorities on both sides of the buffer zone failed to grant permission for RE in schools; the materials were distributed at a public meeting instead. It is unknown whether, in 2007–2008, Turkish forces used the RE materials which MAC-C had sent to them for translation and use.

Safety briefings for UNFICYP personnel have been given by MAC-C since it was established in April 2004; 1,040 UN personnel (including civilians) were briefed in 2007.

Although Cyprus has a national mine action plan it does not include RE.^[83] In its Article 7 report for 2007, Cyprus noted in Form I that the situation remained “Unchanged from last reporting.”^[84]

Victim Assistance

The health sector in Cyprus has adequate means to treat new landmine casualties.^[85] Medical and rehabilitation assistance are free of charge in government-run hospitals and for all recipients of disability benefits.^[86]

Mine survivors and their families can receive assistance through the Ministry of Defence and the Ministry of Labour and Social Insurance. Families of military personnel killed in a mine incident are eligible for a compensation payment. The ministries of defence and finance can recommend ex gratia allowances for mine survivors and families of mine casualties, subject to approval by the Council of Ministers.^[87] In the Turkish-controlled area, authorities reportedly employed 761 persons with disabilities in 2007 and provided financial assistance to 2,986 of the 3,747 registered persons with disabilities.^[88]

Cyprus has legislation protecting the rights of persons with disabilities, including provisions for their economic integration, public access and forms of social assistance. These provisions are generally enforced, although physical accessibility of buildings remains a problem.^[89]

On 30 March 2007, Cyprus signed the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol, but it had not ratified them as of 31 July 2008.

The Service for the Care and Rehabilitation of the Disabled at the Ministry of Labour and Social Insurance is responsible for protecting the rights of persons with disabilities, and its minister chairs the Pancyprian Council for Persons with Disabilities, which monitors disability issues and allows persons with disabilities to contribute to public policy. Government representatives, disabled people’s organizations, employers, and employee organizations participate in the Council.^[90] The Cyprus Federation of Organizations of the Disabled works for the social integration and implementation of rights for persons with disabilities.^[91]

Cyprus did not include information on mine/ERW casualties or victim assistance in its Article 7 report covering 2007.^[92]

Support for Mine Action

As of April 2006, the UN Secretary-General’s representative provided a cost estimate of €11 million (US$15,082,100) to achieve a “mine-free Cyprus.” Mine clearance in the buffer zone was estimated to cost €6 million, with an additional €5 million required for unspecified mine action to achieve “mine free” status.^[93] According to the National Plan for the Implementation of the Ottawa Convention, finalized in 2005 and covering the period 2005–2013, the total estimated cost for the “destruction of antipersonnel mines” outside the buffer zone, including emplaced mines under Cyprus’s control, was CYP475,000 ($1,120,335/€817,107).^[94] No other cost estimates were contained in the national plan.

The UN retains control and holds authority over mine clearance in the buffer zone. Resource mobilization for UNDP-supported mine clearance in the buffer zone and adjacent areas is the subject of direct contracting between UNDP and the European Commission (EC) on a project basis, with MAC-C managing implementation in recent years on behalf of UNDP.^[95]

National support for mine action

The National Plan states that the required costs for destruction of antipersonnel mines outside the buffer zone will be met from the national budget.^[96] The amount of national funding for mine action by Cyprus in 2007 has not been reported. The plan states that clearance in the buffer zone is funded by international donors including the EC, Canada and the International Trust Fund for Demining and Mine Victims Assistance.^[97] It does not state explicitly whether national funds will be committed for purposes other than destruction of mines, but it does state that the Ministry of Finance is “responsible for providing the necessary funds” for implementation of the plan’s objectives.^[98] This would in theory make the ministry responsible for covering shortfalls if international support proves insufficient to fulfilling the terms of the plan.

International cooperation and assistance

In 2007, the EC reported providing €4 million ($5,484,400), through the PFP program to UNDP, to support clearance of mined areas under Turkish control north of the buffer zone for September 2007 to September 2009.^[99] The contract is financed from the reconciliation component of the €259 million EC aid program for the Turkish Cypriot community.^[100] The EC provided €1 million to UNDP in 2006 for clearance in the buffer zone, and has contributed a total of €9 million since 2004 to support MAC-C and clearance in and near the buffer zone. Based on UN cost estimates, 2007 funding levels appear to be on track for fulfillment by 2013 of Cyprus’s Article 5 obligations.