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Table of Contents
Country Reports
SOUTH AFRICA, Landmine Monitor Report 2002

SOUTH AFRICA

Key developments since May 2001: South Africa has continued to play a leading role in the intersessional work program of the Mine Ban Treaty and was instrumental in the establishment of the treaty’s Implementation Support Unit. It has also been a leader in promoting universalization and full implementation of the Mine Ban Treaty in Africa.

MINE BAN POLICY

South Africa was the third country to sign the Mine Ban Treaty on 3 December 1997. It ratified on 26 June 1998, and the treaty entered into force on 1 March 1999. In May 2002, South Africa’s Foreign Minister assured the ICBL that “As a State Party that is committed to the terms of the Treaty, South Africa remains active in the universalization of the MBT [Mine Ban Treaty]. In this context, South Africa participates in the discussions of the Universalization Contact Group and uses bilateral contacts to encourage the ratification of the MBT amongst African countries.”[1] At the Third Meeting of States Parties in September 2002, South Africa said it “firmly believes that the Mine Ban Convention has irreversibly established itself as the international norm in banning anti-personnel mines.... we cannot de-mine today simply to re-mine tomorrow, and the only guarantee we have to prevent re-mining is to implement policies banning antipersonnel mines.”[2]

Under its Constitution, South Africa is bound by all international agreements it signs once both the National Assembly and the National Council of Provinces have approved them, at which time the international agreement becomes national law.[3] Since 1999, South Africa has been developing implementation legislation.[4] In June 2001, Mines Action Southern Africa (MASA) –

the national member of the International Campaign to Ban Landmines – was requested by the Defence Secretariat and the South African government’s MBT Enabling Legislation Drafting Committee to organize a number of workshops to facilitate civil society input into South Africa's domestic legislation. Six workshops were held including three with the mine clearance community and three with a range of non-governmental organizations. The draft document was approved by Cabinet on the 29 May 2002 and, as of July, was being reviewed by the State's legal advisors before being debated by various Parliamentary Standing Committees and the National Assembly for Parliamentary promulgation.[5] It is envisaged that the South African parliament will approve the “Prohibition of Anti-Personnel Mines Bill” before the Fourth Meeting of States Parties in September 2002.[6] MASA is confident that South Africa's legislation will be seen by the international and regional community as “international best practice,” as its definition of antipersonnel mine refers specifically to its impact or effect and because it makes provision for not only international inspections, but also domestic inspections to enforce compliance.

As with previous meetings of States Parties, the government sent a large delegation to the Third Meeting of States Parties to the Mine Ban Treaty in September 2001 in Managua, Nicaragua. In its statement to the Meeting, South Africa called for universalization initiatives to be coordinated in both a structured manner and in such a way that specific regional and sub-regional sensitivities and priorities are considered.[7] It also played an instrumental role in the establishment of the treaty’s Implementation Support Unit (ISU), for which it pledged US$3,000 in support. South Africa led consultations on formation of the ISU, and drafted the concept paper for presentation at the Coordinating Committee, mission briefing and Third Meeting of States Parties. The ISU is based at the Geneva International Center for Humanitarian Demining (GICHD); South Africa is a member of the Council of Foundation of the GICHD.

South Africa continues to play a leading role in the intersessional work program and the various Standing Committees; it was an active participant in the Standing Committee meetings in both January and May 2002. South Africa has said, “We are heartened by the fact that States Parties, other States, the ICBL, ICRC and many other nongovernmental and international organisations have participated actively in the work of all the Committees. Together we have through the continued spirit of inclusivity and partnership lived up to the intentions of the negotiators at Oslo.”[8]

South Africa also was an active contributor to substantive and practical planning for the Third and Fourth Meetings of States Parties and to initial thinking about the process leading up to the Review Conference in 2004.

South Africa submitted its annual updated Article 7 transparency report on 28 May 2002, covering calendar year 2001.[9] South Africa cosponsored and voted in favor of UNGA Resolution 56/24M in November 2001, calling for universalization and implementation of the Mine Ban Treaty.

South Africa has been a state party to the Convention on Conventional Weapons (CCW) since October 1995 and its Amended Protocol II since June 1998. The government participated in both the Annual Meeting of Amended Protocol II and the Second Review Conference of States Parties to the CCW in December 2001 in Geneva, and was elected as one of 10 Vice-Presidents of the Conference.

In its statement, South Africa observed that, 18 years after the Convention’s entry into force there were only 88 State Parties and stressed that the promotion of wider accession should be a high priority for the Review Conference.[10] It proposed that there should be regular meetings of the States Parties in order to foster closer cooperation and consultation among them and to encourage further accessions. South Africa asserted that the CCW and the Mine Ban Treaty were not mutually exclusive, since the former goes beyond the realm of one specific weapon. The international community’s ultimate objective should be universal accession to the Mine Ban Treaty and to the CCW and its annexed Protocols. [11]

South Africa supported the call for an extension of the scope of the CCW to non-international conflicts and the proposal that a group of experts should undertake work on explosive remnants of war (ERW) with a view to a future legally binding instrument on ERW. South Africa also submitted a Working Paper on “Additional Articles on Consultations and Compliance.”[12] Because there were no changes to South Africa’s original report, it did not submit Amended Protocol II Article 13 reports in 2000 and 2001.[13]

Universalization in Africa

South Africa is an active member of the Southern African Development Community (SADC) Mine Action Committee. This Committee met in June 2002 to finalize five EU/SADC funded projects, develop future mine action programs for the region, and to discuss the Committee's role in promoting the Mine Ban Treaty among member states. This Committee falls under the newly created SADC Organ on Politics, Defence, and Security Co-operation.

Also in June 2002, SADC, under the auspices of this Committee, convened a meeting of Southern African mine operators in Luanda, Angola. The meeting discussed the problems faced by mine action operators in the region, the development of a regional network, and the establishment of regional standards. It also discussed the need to facilitate resource and investment mobilization.

South Africa, along with Nigeria and Senegal, has developed a strategic framework to enhance poverty eradication in Africa and to place African countries, both individually and collectively, on a path of sustainable growth and development in the world economy. As a political framework, the New Partnership for Africa's Development (NEPAD) recognizes that combating the illicit proliferation of small arms, light weapons and landmines is one of the important conditions for sustainable development. NEPAD was endorsed by all African leaders at the Organization of African Unity summit on 11 July 2001.

The International Committee of the Red Cross (ICRC) Regional Delegation in Pretoria, under the auspices of the South African Ministry of Foreign Affairs, held its second annual regional seminar on international humanitarian law (IHL). Governmental representatives from Ministries of Foreign Affairs, Defense, Justice, and Police from 12 of the 14 SADC member states attended the seminar, which took place in Pretoria from 21-23 May 2002. One workshop was dedicated to the domestic legislation required to implement the Mine Ban Treaty and used South Africa’s recent experience as an example.

PRODUCTION, TRANSFER, STOCKPILING AND USE

South Africa is a past producer and exporter of antipersonnel mines.[14] It no longer has an antipersonnel landmine production capability.[15] Destruction of its stockpile of mines was completed by October 1998.[16] In June 2002, a trunk containing a cache of old military equipment was discovered in Durban harbour's Maydon Wharf. Police found among other items two landmines that were described as potentially dangerous and unstable.[17]

South Africa retains a number of antipersonnel mines for the training of soldiers to deal with antipersonnel mine threats during peacekeeping operations, as well as for the development of effective demining equipment, demining research purposes and military/civilian education purposes as provided for under Article 3 of the Mine Ban Treaty.[18] In 1997, the South African National Defense Force (SANDF) transferred 5,000 retained mines to Mechem.[19] In its Article 7 reports, South Africa has reported that Mechem used 170 Rain 51103-05 antipersonnel mines for demonstration and training purposes in 1999, another 325 in 2000, and another 50 in 2001. Thus, as of 31 December 2001, 4,455 Rain 51103-05 mines remained in stock, under the control and authority of the Council for Scientific and Industrial Research’s Defencetek.[20]

MINE ACTION

Mozambique: Between 1995 and September 2001, a large number of mines, both antipersonnel and antivehicle, were destroyed under a bilateral cooperation agreement on arms destruction between the South African Police Service (SAPS) and the Police of the Republic of Mozambique (PRM), called Operation Rachel. The aim of Operation Rachel is to destroy arms caches left in Mozambique following that country's civil war and transition to democratic rule. Between May and September 2001, 48 antipersonnel mines were destroyed through this process.[21] In a three-week operation in May 2002, an additional 39 antipersonnel mines and four antivehicle mines were also recovered and destroyed.[22]

Afghanistan: In January 2002, South Africa pledged to assist Afghanistan with demining. On her return from the Tokyo Conference where about US$4.5 billion was pledged toward Afghanistan’s reconstruction, Foreign Affairs Minister Nkosazana Dlamini-Zuma, stated that “ridding the country of mines was vital towards the safety and security of Afghan civilians” and while South Africa "could not pledge any money for Afghanistan, it was prepared to cooperate in the area of demining" as it had the necessary technology.[23] South Africa would seek to cooperate with other countries, particularly Sweden and Japan, in this regard.

Ethiopia: In April 2002, a delegation from the Ethiopian Mine Action Office held a series of meetings with South African entities involved in mine action about their assisting Ethiopia with mine clearance. It is envisaged that South Africa will become involved in mine clearance operations in Ethiopia sometime in 2002.

Mechem Consultants, a specialized engineering division and subsidiary of the South African state-owned arms company Denel, has been involved in the detection of landmines, protection against landmine explosions, and in clearing of minefields for over four decades. In March 2001, Mechem's research and development wing was sold to the Council for Scientific and Industrial Research (CSIR), a parastatal falling under the Department of Arts, Culture, Science, and Technology. The operational part of Mechem remains in the Denel group. As a State-owned enterprise, Denel would still be undertaking humanitarian mine clearance on behalf of the government.[24] Mechem has, in the past, been contracted by UN agencies, governments, and private electrical or road-building companies for demining operations in various locations including Mozambique, Angola, Bosnia, Croatia, and northern Iraq. Mechem maintains offices in both Bosnia and Croatia. In 2002, it is working in Kurdistan, northern Iraq, removing mines around power lines, providing Evaluation and Assessment services and training Kurds as dog handlers.[25] From March to October 2001, Mechem returned to Mozambique under a Japanese-funded contract with the government of Mozambique to clear mines.[26]

Other South African-based firms: In addition to Mechem, there are several other South African-based firms offering mine action services, including Pretoria-based BRZ International.[27] The regional office of Carlos Gassmann Tecnologias De Vanguarda Aplicadas Lda (CGTVA) is located in South Africa, as is European Landmine Solution (ELS). CGTVA worked in Mozambique during 2000; ELS-Africa has worked with CARE in Angola. TNT De-mining focuses mainly on the training and provision of demining personnel at all levels. The Institute for Military Engineering Excellence in Southern Africa (IMEESA) provides, among other services, training in demining, mine awareness programs, management of demining projects and surveying. UXB Africa provides a number of turnkey services including in the area of unexploded ordnance (UXO) and customized landmine-related training courses.[28] Demining Enterprises International (DEI) supplies fully trained mine detection dog teams internationally. Another company called Specialist Dog Services (SDS) breeds mine detection dogs and trains handlers and has operational experience through activities undertaken under the auspices of Mechem, BRZ International Ltd, Tamar Consulting Services, CGTVA, The Humanitarian Foundation of People Against Landmines (MgM), Mozambique Mine Action, Handicap International, United Nations Office for Project Services, and Afrovita in countries such as Angola, Croatia, Mozambique, Namibia, Northern Iraq and Uganda.

MINE ACTION RESEARCH AND DEVELOPMENT

South Africa has emerged as a leader in the field of mine clearance equipment and believes that it possesses leading demining technology and expertise, as well as medical capability and experience to assist mine victims. In South Africa, demining equipment is classified as armaments and, as such, sales and exports by South African companies are controlled and regulated by the government. Mechem has a number of research contracts with the US government and private companies. Other key South African research and development companies include: RSD, a division of Dorbyl Ltd; UXB, an American company with offices in Cape Town; Reutech Defense Industries (RDI); Vickers OMC; Armscor; and, the Center for Scientific Information and Research.[29] DEMCO (PTY) LTD, a demining equipment manufacturing company, combines landmine clearing with infrastructural development. DEMCO has developed a landmine detonating mechanism that can be fitted to a range of earthmoving machines such as bulldozers, loaders, and excavators.[30] Securicor Gray (Africa) offers survey and quality assurance services, landmine clearance and UXO disposal teams, as well as community mine risk education training.

Other companies and organizations active in the mine action field as researchers, policy formulators, evaluation, conference organization, and facilitators include: Management & Conference Services Africa (Pty) Ltd; Mines Action Southern Africa; South African Institute for International Relations (SAIIA); and the African Demining Institute. A regional workshop on “Humanitarian Mine Action and Development: the Missing Link?” is being planned by the Finnish-funded SAIIA Landmine Project for October 2002.

A number of these organizations held a meeting in April 2002 with relevant sections of the Department of Foreign Affairs. Arranged by the newly formed African Demining Institute, discussion centered on: the need for all operators to adhere to UN Mine Action Service standards; regional accreditation; corruption in the industry; and how to develop more appropriate channels of communication between mine action operators and government.

CASUALTIES AND SURVIVOR ASSISTANCE

In April 2002, a South African deminer under contract with Empresa Moçambicana de Desminagem, Lda (EMD) was seriously injured in an incident in Mozambique.[31]

In May 2002, a newly established South African Company, Africa Medical Assistance (ASA), entered into an agreement with the Institute for National Social Security in Burundi for the supply of prostheses. The first phase of the project is prostheses for approximately 100 patients. The provision of prostheses is linked to a physical rehabilitation training program and support for local authorities.[32]

South Africa provides a number of international humanitarian organizations with financial and material aid aimed mainly, but not exclusively, at SADC member States. In fiscal year 2001-2002, the ICRC received a donation of R200,000 (US$20,000) specifically for the rehabilitation of landmine survivors in Angola.[33] South Africa has reported that in fiscal year 2000-2001 it donated R350,000 (US$35,000) to the ICRC for the rehabilitation of mine survivors in the SADC region.[34]

<SOLOMON ISLANDS | SPAIN>

[1] Letter from Dr. Nkosazana Dlamini Zuma, Minister of Foreign Affairs, to Ms. Elizabeth Bernstein, ICBL Coordinator, 23 May 2002.
[2] Statement by Thomas Markram, Deputy Permanent Representative of South Africa to the Office of the United Nations and other International Organisations in Geneva, to the Third Meeting of States Parties, Managua, Nicaragua, 18 September 2001.
[3] The Constitution of the Republic of South Africa, Act 108 of 1996, Chapter 14 231(4), (Wynberg: Constitutional Assembly, 1997).
[4] Article 7 Report, 1 September 1999.
[5] Interview with Mr. D. Dladla, Defense Secretariat, DOD: Policy and Planning, 5 June 2002.
[6] “The Prohibition of Anti-Personnel Mines Bill,” (Version 6:A), 20 February 2002. The Bill will provide for the implementation and enforcement of the Mine Ban Treaty in South African Law, ensuring the destruction of antipersonnel mines, and providing for domestic inspections, for international fact-finding missions to South Africa, for domestic as well as international cooperation; and for other matters relating to the obligations of the Republic under the Convention.
[7] Statement by Thomas Markram, Third Meeting of States Parties, 18 September 2001.
[8] Ibid.
[9] Article 7 Report, Form D, 28 May 2002.
[10] Statement by Ambassador George Nene to the Second Review Conference of the High Contracting Parties to the CCW, Geneva, 11 December 2001.
[11] Ibid.
[12] Report of the Second Review Conference of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed To Be Excessively Injurious Or To Have Indiscriminate Effects, Geneva, 11-21 December 2001.
[13] Interview with Bennie Lombard, Councillor, South African Mission, Geneva, 27 May 2002.
[14] For information on past production, transfer, and stockpiling see Landmine Monitor Report 1999, pp. 83-84, Landmine Monitor Report 2000, pp. 103-104, and Landmine Monitor Report 2001, pp. 148-149.
[15] Article 7 Report, 1 September 1999.
[16] As reported in Landmine Monitor Report 2000, p. 104, this included about 309,000 mines. An additional 2,586 antipersonnel mines that were found or seized were destroyed in 1999.
[17] F. Ismael, “Stevedore's 'Treasure Chest' a Big Letdown,” Sunday Tribune, 1 June 2002.
[18] South African National Defense Force, “Fact Sheet: South Africa's Initiatives on Banning Anti-Personnel Landmines,” 8 September 1999; South African National Defense Force, "Fact Sheet: South Africa's Initiatives on Banning Anti-Personnel Landmines," 6 April 2001. See also, Article 7 Report, Form D, 1 September 1999 and Article 7 Report, Form D, 28 May 2002.
[19] Article 7 Report, Form D, 1 September 1999.
[20] Article 7 Report, Forms D and G, 28 May 2002.
[21] E. Hennop, “Operations Rachel, 1995-2001,” Institute for Security Studies Paper 54, November 2001.
[22] Statistics of Operation Rachel VIII (1),” Special Task Force, South African Police Service, 11 June 2002.
[23] “SA to help demine Afghanistan,” South African Press Association, 24 January 2002.
[24] Solomon Makgale, “Denel Signs R10m Contract with CSIR,” Business Report, 30 March 2001.
[25] Lumka Oliphant, “Sniffing Out Landmines in Kurdistan,” Saturday Star, Johannesburg, 27 January 2001.
[26] Interview with Braam Rossouw, Mechem Consultants, 9 April 2001.
[27] See Landmine Monitor Report 2000, p. 106, for BRZ mine action activities.
[28] See: www.uxb.com.
[29] Landmine Monitor Report 2000, pp. 107-108.
[30] See http://www.demcomine.com.
[31] De Wet Potgieter, “Landmyn Tref Ororlogsheld Wat Vrederswerk Doen,” Rapport, 21 July 2002.
[32] Interview with Christo Schutte, Africa Medical Assistance, 2 July 2002.
[33] Information provided by Humanitarian Affairs, Department of Foreign Affairs, South Africa, 8 April 2002.
[34] Article 7 Reports, Form J, 17 September 2001 and 28 May 2002.