LM Report 2002

MALAYSIA

Key developments since May 2001: In August 2001, Malaysia hosted the first seminar on Stockpile Destruction of Anti-Personnel Mines and Other Munitions in the ASEAN region.

MINE BAN POLICY

Malaysia signed the Mine Ban Treaty on 3 December 1997 and ratified it on 22 April 1999; it entered into force on 1 October 1999. Malaysia enacted the Anti-Personnel Mines Implementation Act on 15 June 2000.^[1] Malaysia submitted its annual Article 7 transparency report on 27 February 2002, covering calendar year 2001.

Malaysia attended the Third Meeting of States Parties in September 2001, in Managua, Nicaragua. On 20 September 2001, on the side of the Third Meeting, Malaysia participated in an ASEAN informal group meeting. Malaysia, the Philippines, Indonesia, and Thailand agreed that the best approach to engaging ASEAN countries in landmine issues would be to focus on humanitarian aspects such as victim assistance, mine awareness, and socio-economic development for mine-affected areas.^[2]

Malaysia participated actively in the intersessional Standing Committee meetings in Geneva in January 2002 and May 2002. Malaysia organized another informal ASEAN meeting on the side in January to discuss the issue of landmines within the ASEAN context. Malaysia also attended the Regional Seminar on Landmines in Southeast Asia, hosted by Thailand in Bangkok on 13-15 May 2002.

At the UN General Assembly in November 2001, Malaysia cosponsored and voted in favor of Resolution 56/24M, which calls for the universalization of the Mine Ban Treaty. Ambassador Hasmy Agam told the General Assembly, “We remain committed to the attainment of a truly universal ban of antipersonnel landmines.... Malaysia is firm in its conviction that humanitarian sufferings caused by antipersonnel landmines far outweigh its military utility. It remains our hope and expectation that there will be a stronger political push for universal acceptance of this treaty.”^[3]

A Malaysian official told Landmine Monitor in May 2002 that Malaysia remains committed to the universalization of the Mine Ban Treaty by fully supporting and working closely together with other States Parties, and international organizations, both governmental and non-governmental; Malaysia’s effort is reflected in its active participation in the Standing Committees and in other international and regional initiatives promoting the Mine Ban Treaty.^[4]

In the government’s first statement on the issue, a Ministry of Defense official told Landmine Monitor, “Malaysia Armed Forces may participate in joint operations with armed forces of non-signatory states, but will not participate in joint operations that involve the use of APM.”^[5]

Malaysia is not a State Party to the Convention on Conventional Weapons and its Protocol II on landmines. Malaysia did not attend the Third Annual Conference of States Parties of Amended Protocol II, or the Second CCW Review Conference, in December 2001.

The government of Malaysia, with the support of Canada, hosted a Regional Seminar on Stockpile Destruction of Anti-Personnel Mines and Other Munitions on 8-9 August 2001, in Kuala Lumpur. ASEAN Regional Forum members, other governments, international organizations, and NGOs, including the ICBL, attended the meeting. A total of 21 countries participated, including eight non-States Parties to the Mine Ban Treaty. In his opening address Hon. Datuk Haji Mohd. Shafie bin Haji Apdal said, “Universalization will remain the greatest challenge to be faced by us when countries in possession of anti-personnel mines have yet commenced destruction plans on their stockpiles.... Malaysia feels that today’s forum is another serious effort to engage countries within and beyond this region toward that end.... Given the scale of the challenge, Malaysia would like to call on all nations, particularly within the region, to be a part of the family and to carry out its duties, particularly that of stockpile destruction.”^[6]

At the Standing Committee meeting on Stockpile Destruction in January 2002, Malaysia presented the results of the Regional Seminar on Stockpile Destruction. Participants agreed that there was a need for a coordinated and comprehensive approach in the ASEAN region, that takes advantage of synergies, information exchange and past experience.^[7] Among the recommendations were: to discuss antipersonnel mine issues at future ASEAN regional forum meetings; to develop a comprehensive approach to encourage countries that have not yet, to accede to the Mine Ban Treaty; to promote confidence building measures in the region though the synergy between governments, strategic institutions and NGOs. A series of “best practices” were identified during technical discussions.^[8]

STOCKPILE DESTRUCTION

In January 2001, Malaysia destroyed its entire stock of 94,721 antipersonnel mines. It included details on technical characteristics of the mines destroyed in its second Article 7 transparency report.^[9] Malaysia chose not to retain any antipersonnel mines for training or development purposes. The Deputy Minister of Defense said, “Malaysia’s stand to maintain ‘zero retention’ of live mines is evidenced by our serious commitment towards the earth being free from indiscriminate weapons.”^[10]

According to a Ministry of Defense official, all Claymore mines possessed by Malaysia are designed to be used in command-detonated mode only and no tripwires have been supplied by the manufacturer.^[11] In addition, he stated that technical steps are ongoing to ensure that the command-detonated mode of operation of the Claymore mines cannot be modified. Malaysia has thus far chosen not to report voluntarily under Article 7 on its stockpiled Claymore mines.

LANDMINE PROBLEM AND MINE ACTION

Malaysia is no longer a mine-affected country. No mines remain planted from the insurgency in the 1960s-1980s.^[12]

In 2001, Malaysia started a Defense Cooperation Program with an annual budget of 5 million Malaysian Ringgit (around US$1.3 million), which includes a component to help train developing countries in demining and mine destruction. Malaysia received a request for such training from Ecuador.^[13] Ten Ecuadorian military officers are expected to undergo a two-week training course in Malaysia in September 2002.^[14]

In the past, Malaysian peacekeeping forces undertook mine clearance operations in Cambodia and Bosnia and Herzegovina.

LANDMINE CASUALTIES AND SURVIVOR ASSISTANCE

During the peacekeeping operation in Bosnia and Herzegovina in 1992, an officer died in an antipersonnel landmine incident.^[15] The government maintains that during the communist insurgency that ended in 1989, there were less than 100 casualties due to booby-traps, and none to landmines; all casualties were military personnel.^[16]

Military personnel, when seriously injured in military operations including mine clearance, receive free medical care and other assistance, which includes prosthetic services, financial aid from the Warrior’s Fund, special pension schemes for disabled veterans, vocational training, and scholarships for the education of their children.^[17]

[1] Laws of Malaysia, Act 603, Anti-Personnel Mines Convention Implementation Act 2000. The full name of the legislation is  “An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction; and for other matters connected therewith.”
[2] The Philippines, Article 7 Report, 5 April 2002.
[3] Statement by Ambassador Hasmy Agam, Permanent Representative of Malaysia to the UN, at the General Debate of the First Committee, New York, 12 October 2001.
[4] Email from Cdr. Muhamad Ridzwan Abd. Rahman, Principal Assistant Secretary, Policy Division, Ministry of Defense, 9 May 2002.
[5] Ibid.
[6] Statement by Datuk Haji Mohd Shafie bin Haji Apdal, Deputy Minister of Defense, to the Regional Seminar on Stockpile Destruction of Anti-personnel Mines and Other Munitions, Kuala Lumpur, 8–9 August 2001.
[7] Raja Reza Raja Zaid Shah, Second Secretary, Permanent Mission of Malaysia to the UN Office in Geneva, Standing Committee on Stockpile Destruction, Geneva, 31 January 2002. See, www.gichd.ch.
[8] Summary of the Co-Chairs, Regional Seminar on Stockpile Destruction, Kuala Lumpur, August 8-9, 2001.
[9] Article 7 transparency Report, 27 February 2002. For more details on stockpile destruction see Landmine Monitor Report 2001, p. 465.
[10] Statement by Datuk Haji Mohd. Shafie bin Haji Apdal, Deputy Minister of Defense, to the Regional Seminar on Stockpile Destruction of Anti-personnel Mines and Other Munitions, Kuala Lumpur, 8 – 9 August 2001.
[11] Email from Cdr. Muhamad Ridzwan Abd. Rahman, Ministry of Defense, 9 May 2002. They are US-supplied Claymore mines. Email from Cdr. Muhamad Ridzwan Abd. Rahman, 16 July 2002.
[12] See Landmine Monitor Report 2001, p. 466.
[13] Email from Cdr. Muhamad Ridzwan Abd. Rahman, Ministry of Defense, 9 May 2002.
[14] Ibid.
[15] Email from Cdr. Muhamad Ridzwan Abd. Rahman, Ministry of Defense, 9 May 2002.
[16] Ibid.; and 16 July 2002.
[17] Email from Cdr. Muhamad Ridzwan Abd. Rahman, Ministry of Defense, 9 May 2002.

<MALAWI | MALDIVES>