In part, frustrated by
the lack of progress in the negotiations on the Landmines Protocol of the 1980
Convention on Conventional Weapons (CCW) during the 1995-96 Review Conference,
the Netherlands was one of the first countries to opt for a fast track procedure
to ban antipersonnel mines (APMs). Growing pressure from Parliament and the
Dutch public, which had been strongly influenced by the Dutch Campaign to Ban
Landmines (an NGO coalition including Pax Christi Netherlands, MSF-Netherlands,
Dutch Interchurch Aid and Novib), led to the change in the official Dutch
position. But this change in policy did not happen overnight.
A 25 August 1995 letter to Parliament on landmines from the Ministers of
Foreign Affairs, Defense and for Development Cooperation, just before the
opening session of the Review Conference, outlined the government’s view
at that time. The Ministers explained that a comprehensive ban on landmines
might be achieved in the long term, but doubted its feasibility given the lack
of international support for a ban; they also noted that there was still a
military justifiable need for antipersonnel
mines.[1] But public pressure
resulted in the Minister of Defense ordering a review of the Dutch army’s
need of APMs in December 1995. This review led to the decision by the
government to ban the use and the possession of APMs within the Dutch army in
March 1996 with broad Parliamentary
approval.[2] Thus the
Netherlands became one of the first countries to give up the weapon and became a
leader in the global ban movement.
In June 1996, the Dutch government expressed its great disappointment about
the outcome of the CCW Review
Conference,[3] and noted,
therefore, its decision accept the invitation of the Canadian government to
participate in an October 1996 conference Ottawa to develop a strategy to ban
APMs. At the same time it pleaded for a ban within the European Union and NATO.
The Netherlands became a strongly pro-ban country and a member of the core
group of countries that worked together to ensure the success of the Ottawa
Process.
On 3 December 1997 the Netherlands signed the Mine Ban Treaty in Ottawa.
Ratification, however, has not gone as smoothly as had been hoped. A lengthy
procedure in the Netherlands, it involves the other members of the Kingdom of
the Netherlands (i.e. the constitutional relationship between The Netherlands
and the Dutch Antilles), the State Council (Raad van State), the Lower House,
the Senate and the Queen (royal
assent).[4] The Lower House
approved the Ottawa Treaty on 11 February
1999.[5] The Senate approved on
23 March 1999. It is hoped that the instruments of ratification will be
deposited at the United Nations before the First Meeting of States Parties in
Maputo.
Domestic implementation legislation is already being prepared and will be
considered as soon as the instruments of ratification have been deposited at the
United Nations. The new bill will be sent to Parliament by the Minister of
Justice. Still in the drafting stage, it will be discussed soon in the
Kingdom’s Cabinet, which includes representatives of the Dutch
Antilles.[6]
The Netherlands is a state party to the CCW; revised Protocol II of the CCW
was approved on 17 November 1998 in the Lower
House,[7] and on 2 February 1999
by the Senate.[8] At the Review
Conference of the CCW the Netherlands actively worked to include export
limitations on landmines.[9]
Article 8 of revised Protcol II explicitly bans exports of non-self-destruct and
non-detectable landmines. It also bans APM exports to states which are not party
to the CCW and to non-state actors.
Production
After World War II the Netherlands developed its
own arms industry to lessen the dependency of the Dutch army on weapons imports.
Various ammunition factories produced landmines, including APMs, and the greater
part of Dutch stocks of landmines was produced domestically. One of the main
producers of landmines was Eurometaal, one-third of which is owned by the Dutch
government.[10] According to a
spokesperson of the Ministry of Defence, production of landmines stopped twenty
years ago.[11] Three types of
mines were produced: the Model AP 23 bounding mine, Model AP 22
(“Inkstand”) non-metallic blast mine, and Model 15 non-metallic,
blast (box) mine.[12]
Alternatives and Claymores
For the years 2000-2002 an amount of Dfl 21 million is planned for the
acquisition of alternatives for
APMs.[13] The Defense
Department is considering importing Claymore munitions and scatterable antitank
mines with anti-handling devices. MoD intends to use the Claymore as a
command-detonated weapon
only.[14] There are no
tripwires in stock anymore for existing Claymores.
Transfer
While there are no known instances of Dutch
exports of AP mines, some assume that it exported APMs in the
past.[15] Until the beginning
of the 1990s, the Netherlands tried to sell its surplus landmines; it is not
clear if they were successful. In September 1993 the Netherlands instituted a
moratorium on the export of landmines to states which were not party to the 1980
Convention on Conventional Weapons. This moratorium corresponded with the
moratorium of the European Union which entered into force in May
1995.[16]
More recently, some transfers of APMs to Germany for the sole purpose of
destruction have taken place. (see stockpile section).
The Netherlands has imported mines from the United States, Germany, and
perhaps other nations. The U.S. shipped 630 M18A1 Claymore mines in 1984-1986,
and 5,984 Gator AP mines in 1991 in a $14.58 million
deal.[17] The Gator is an
air-delivered, self-destructing AP mine that is packaged with antitank mines in
a cluster bomb unit (CBU-89). The government has indicated that it is
“technically feasible and operationally sensible” to remove all APMs
from the Gator system and replace them with antitank mines. The modification
will cost approximately US$10 million and is planned for the period
2000-2002.Until the removal of APMs is completed, it will be forbidden to use
the Gator system. In March 1996, the Minister of Defense placed a moratorium on
Air Force use of Gator mine systems, so long as they contain
APMs.[18]
It is a matter of principle for the Dutch government that states party to the
Mine Ban Treaty cannot be forced to violate its obligations by its allies.
Negotiations have therefore started within NATO on this subject, since the
United States of America and Turkey have not signed the Mine Ban Treaty. The
American military bases in the Netherlands, however, have no munition
stockpiles. In November 1998 the Minister of Foreign Affairs, Mr. Van Aartsen,
discussed these issues with Secretary of State
Albright.[19]
Stockpiling
The first step in the destruction of Dutch stocks
of 264,500 antipersonnel mines was taken in 1994. On 30 November 1994 during
parliamentary debate on the defense budget, the Minister of Defense acceded to
the requests of the two main parties in Parliament, after pressure from the
Dutch Campaign to Ban Landmines, and promised to start research into the safe
and efficient destruction of landmine
stocks.[20] In 1997 the
Minister of Defense told Parliament that 440,000 landmines would be destroyed,
of which 264,500 were APMs.[21]
A total of 209,500 Model AP 22 mines were destroyed in June 1997. These mines
were destroyed together with Belgian mines to share costs. The actual
destruction by incineration of these mines took place in a factory of the
company Buck in Germany at a cost of Dfl 628,500 (US$314,000).
In 1998 a French company, AF Demil, destroyed another 45,000 Model AP 23
antipersonnel mines and 155,000 antitank mines. AF Demil destroyed these APMs by
separating the explosives and the metals. The metals have been recycled. Total
cost was Dfl 2,970,000 (US$1.5 million). Reportedly, the Netherlands sent
60,000 DM 31 antitank mines to Bofors, which sold 12,000 to Canada and destroyed
the remaining Dutch mines at no cost.
The Dutch military will retain around 5,000 APMs for training purposes
(deminers training) and for testing purposes (development of new demining
techniques). The rest of the Dutch stocks of antitank mines will be destroyed
when new ATMs have been
acquired.[22]
Use
There has been no evidence of use of APMs in the
Netherlands since the March 1996 ban except for training humanitarian deminers
of the Dutch army. In 1997 a research project was started to develop new
demining techniques, financed by the Ministry of Defense and the Development
Cooperation Department of the Ministry of Foreign Affairs. In this project APMs
are used for testing new
techniques.[23]
Mine Action Funding
The Netherlands has contributed considerable
resources to mine action programs over the last three years. Between 1996-1998,
approximately US$30.2 million was spent: in 1996 around $10.7 million, in 1997
about $10.2 million, and in 1998 approximately $9.3 million. During this period
approximately $14 million was spent on UN/Mine Action Centers and around $14.1
million to support NGO programs. The Dutch government contributed to mine action
in the following countries (figures are approximate US
dollars):[24]
Angola: $8.9 million (1996-98; contribution to NGOs);
Cambodia: $7.5 million (1996-98; CMAC);
Afghanistan: $4.8 million (1996-98; UNOCHA, the Mine Action Center in
Afghanistan);
Mozambique: $3.9 million (1996-98; NGOs).
Bosnia: $1.8 million (1996-98: Mine Action Center);
Iraq: $0.3 million (1996-97; NGOs);
Laos: $0.3 million (1997-98; NGOs).
There is no breakdown of how funding is allocated between demining, mines
awareness programs or victim assistance. The Dutch government believes that
these programs should be integrated in overall mine action and can not be
separated. The Netherlands, therefore, asks the UN to coordinate its appeals in
such a way that mine action includes the three areas: demining, mine awareness
and victim assistance.
Besides financial contributions to mine action by NGOs and UN/Mine Action
Centers, the Netherlands also has made in-kind contributions. The Dutch army has
a total of 80 humanitarian deminers available for mine action in the framework
of UN operations. Currently, there is one Dutch deminer at CMAC in Cambodia. In
1997, there were eight deminers in Angola, and two in 1998; who did not return
after Christmas leave in December 1998 with the renewal of the war between UNITA
and the government of Angola. Two deminers are currently in Bosnia. Last year
there were 12 deminers over a six-month period in Bosnia. All work as
instructors. [25]
In 1997 a research project was started to develop new demining techniques.
The Ministry of Defense and the Development Cooperation Department of the
Ministry of Foreign Affairs have supported this effort with funding of
approximately US$10 million. Called “HOM 2000,” the project is being
developed by TNO, a large technical research bureau. In the year 2000 it
hopes to present a prototype of a new technique to detect APMs.
Finally, at request of the Parliament, which passed a motion on this point,
the government is considering organizing a seminar with other countries working
on developing new techniques to exchange ideas and to prevent errors and
duplication of effort.[26]
[1]“Het
Landmijnenprobleem (The Problem of Landmines),” letter of the Ministers of
Foreign Affairs, Defense and for Development Cooperation, The Hague, 25 August
1995, 24 292, nr. 1.
[2]“Afschaffing van
anti-personeelsmijnen (Abolition of antipersonnel mines),” letter of the
Minister of Defense to Parliament, The Hague, 25 August 1995, 24 292, nr. 1.
[3]Letter of the Ministers of
Foreign Affairs and Defense, The Hague, 18 June 1996, 24 400 V, nr. 76.
[4]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 12 November 1998, Twenty-fourth
Session, p. 1573.
[5]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 10 February 1999, Fifieth Session,
pp. 3331-3341; 11 February1999, Fifty-first Session, p. 3369.
[6]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 12 November 1998, Twenty-fourth
Session, p. 1574; 10 February 1999, Fiftieth Session, p. 3337.
[7]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 12 November 1998, Twenty-fourth
Session, pp. 1565-1575; 17 November 1998, Twenty-fifth Session, p. 1594.
[8]Handelingen Eerste Kamer
(Acts of Parliament, Senate), The Hague, 02 February 1999, Eighteenth Session,
pp. 639-642.
[9]Letter to Parliament of
the Ministers of Foreign Affairs and Defense, The Hague, 18 June 1996, 24 400 V,
nr. 76, p. 4.
[10]Platform tegen
Wapenhandel, “Nederlandse wapenhandel in de jaren ’90 (Dutch Arms
Trade in the Nineties),” Stichting Uitgeverij Papieren Tijger, 1998, p.
39.
[11]Telephone conversation
with a representative of the Ministry of Defense in January 1999.
[12] Eddie Banks,
Antipersonnel Mines: Recognizing and Disarming (London: Brassey’s,
1997) pp. 161-163.
[13]“Afschaffing van
anti-personeelsmijnen (Abolition of antipersonnel mines),” letter of the
Minister of Defense to Parliament, The Hague, 11 March 1996, nr. D 113/96/3834;
Materieel Projektenoverzicht 1998, KL 13, KL 14, KL 15, Ministry of Defense, The
Hague, 1997, Handelingen Tweede Kamer (Acts of Parliament, Lower House), The
Hague, 10 February 1999, Fiftieth Session, pp. 3339-3340.
[14]Letter of the Minister of
Defense to Novib, The Hague, 5 December 1997, nr. D97003224, pp. 3-4.
[15]Telephone conversations
with a representative of the Ministry of Defense, Pieter van Rossem of Pax
Christi Netherlands and Martin Broek of the Anti-Militaristic Research
Collective (AMOK) in January 1999.
[16]Letter of Mr. P. van den
Ijssel, Head of the Non-nuclear Arms Control and Disarmament Section of the UN
Political Affairs Department of the Ministry of Foreign Affairs 1995 to the
Phnom Penh Landmines Conference, 6 July 1995, nr. DPV/NN-1381/95.
[17] US Defense Security
Assistance Agency, “Foreign Military Sales of Antipersonnel Mines, as of
8/11/93.” See also, Human Rights Watch, Landmines: A Deadly
Legacy, p. 73.
[18] “The Netherlands
and Landmines: Highlights of recent initiatives,” attached to Foreign
Minister’s speech to Ottawa treaty signing conference, 3 December 1997;
Letter of the Minister of Defense to Novib, the Hague, 5 December 1997, nr.
D97003224, p. 3.
[19]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 12 November 1998, Twenty-fourth
Session, p. 1573; Handelingen Eerste Kamer (Acts of Parliament, Senate), The
Hague, 2 February 1999, Eighteenth Session, p. 641; Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 10 February 1999, Fiftieth
Session, p. 3338.
[20]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 30 November 1994, Twenty-ninth
Session, pp. 133-135.
[21]Verslag van een Algemeen
Overleg (report of a general meeting of the Foreign Affairs Parliamentary
Committee with the Ministers of Foreign Affairs and Defense), 13 March 1997, 25
000 V, nr. 72, p. 7.
[22]Ibid, pp. 7-8; telephone
conversation with Mr. E. Buskens of the information desk of the Ministry of
Defense on 26 February 1999. At the treaty signing conference, the Netherlands
indicated it would be retaining about 1,500 AP mines for training in mine
clearance. Statement of Vice Prime Minister and Minister of Foreign Affairs van
Mierio, Ottawa, 3 December 1997.
[23]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), 10 February 1999, Fiftieth Session, p.
3340.
[24]Telephone conversation
with Mr. P.M. Kraan, Humanitarian Aid Department (DCH/HH) at the Ministry of
Foreign Affairs on 26 January 1999.
[25]Verslag van een Algemeen
Overleg (report of a general meeting of the Foreign Affairs Parliamentary
Committee with the Ministers of Foreign Affairs and Defence), 13 March 1997, 25
000 V, nr. 72, pp. 7-8; telephone conversation with a representative of the
Ministry of Defense in January 1999; Handelingen Tweede Kamer (Acts of
Parliament, Lower House), The Hague, 10 February 1999, Fiftieth Session, p.
3339.
[26]Handelingen Tweede Kamer
(Acts of Parliament, Lower House), The Hague, 12 November 1998, Twenty-fourth
Session, pp. 1574-75; Twenty-fifth Session, p. 1594; Handelingen Eerste Kamer
(Acts of Parliament, Senate), The Hague, 2 February 1999, Eighteenth Session, p.
642; Handelingen Tweede Kamer (Acts of Parliament, Lower House), The Hague, 10
February 1999, Fiftieth Session, p. 3340.
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