LM Report 2002

SWITZERLAND

Key developments since May 2001: In 2001, Switzerland provided mine action funding totaling US$8.4 million. In September 2001, Switzerland was chosen as co-rapporteur of the Standing Committee on Stockpile Destruction. The Fourth Meeting of States Parties to the Mine Ban Treaty will be held in Geneva in September 2002.

MINE BAN POLICY

Switzerland signed the Mine Ban Treaty on 3 December 1997 and ratified it on 24 March 1998, becoming a State Party on 1 March 1999. Legal implementation of the Treaty was achieved by modification of prior, more general legislation on military equipment, which entered into force on 1 April 1998.

The Swiss Campaign to Ban Landmines drafted an amendment to the national law modeled on Article 2.3 of the Mine Ban Treaty, which defines an antihandling device as “a device...which activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.” The amendment was tabled in the National Council on 4 December 2000, referred to parliamentary commission and returned to Parliament on 11 October 2001, where it received a large majority in favor. In Switzerland’s bicameral parliamentary system, the proposed amendment is next passed to the State Council for consideration, probably in October or November 2002.

Switzerland attended the Third Meeting of States Parties to the Mine Ban Treaty in September 2001, in Managua, Nicaragua.^[1] In his general statement, Ambassador Christian Faessler declared that too many States remain outside the Mine Ban Treaty, and said Switzerland would increase its efforts to encourage them to join the treaty. He urged non-States Parties to respect the treaty’s provisions, and placed great importance on States Parties participating in the Mine Ban Treaty intersessional process, which is also open to non-State Parties. He described Switzerland’s “strategic concept” which integrates assistance to mine victims in the larger context of other victims of war, post-conflict reconstruction and long-term development.^[2]

At the Third Meeting, it was decided that the Fourth Meeting of States Parties would be held in Geneva in September 2002, and Switzerland became co-rapporteur of the Standing Committee on Stockpile Destruction.

Switzerland has participated actively in all the intersessional Standing Committee meetings, including the meetings in January and May 2002. On 31 January 2002, at the Standing Committee on Stockpile Destruction, Switzerland announced that a second training course on the management of stockpile destruction programs would take place in June 2002, in Martigny. On 1 February 2002, at the Standing Committee on the General Status and Operation of the Convention, Switzerland was designated as the Secretary-General of the Fourth Meeting of States Parties in September 2002.

Switzerland’s annual Article 7 transparency report for calendar year 2001 was submitted on 30 April 2002. Three previous Article 7 Reports have been submitted: on 4 August 1999, 11 April 2000, and 28 March 2001.^[3] The reports are brief, since the country is not mine-affected, has destroyed its mine stockpiles, and has retained no mines for training purposes.

Switzerland is a State Party to Amended Protocol II of the Convention on Conventional Weapons (CCW), and submitted the annual report required by Article 13 of the protocol on 24 October 2001. It reports new information on international cooperation on mine clearance, mine action funding and assistance.^[4]

Switzerland acted as president of the Third Annual Conference of States Parties to Amended Protocol II in December 2001. The Swiss delegation presented an analysis of the Article 13 reports received, but expressed concern that many States Parties had not presented Article 13 reports.  It stressed the importance of compliance, and recommended that the content of the reports should be discussed at future annual conferences. 

Switzerland acted as a vice-president of the Second CCW Review Conference in December 2001. It supported the statement delivered by Belgium on behalf of the European Union,^[5] and welcomed extension of the CCW to non-international conflicts. It supported proposals for a strongly mandated expert group on “explosive remnants of war,” and said the Swiss proposal on improvement and regulation of submunition fuzes in order to limit explosive remnants would help to address the problem. The delegation also supported increased regulation of antivehicle mines, and additional compliance measures. The Swiss initiative on small-caliber bullets led to creation of a non-official group of experts, for which Switzerland will cover the costs.

In March 2002, the Swiss voted by a small majority in a national referendum to join the United Nations, which will take place on 10 September 2002. Regarding the Conference on Disarmament, Switzerland has repeated for several years that it is ready to discuss ways toward solving the problems caused by antipersonnel mines in any appropriate forum, but “would oppose the creation of new international norms short of or contradicting the prohibitions and obligations imposed by the [Mine Ban Treaty].”^[6]

PRODUCTION, TRANSFER, STOCKPILING AND DESTRUCTION

Production of antipersonnel mines ceased in 1969 and export of antipersonnel mines was banned in December 1996. Swiss law prohibits transit of antipersonnel mines through Switzerland for any purpose, including peacekeeping operations.^[7] Destruction of 3.85 million stockpiled antipersonnel mines was completed by 15 March 1999, with none retained for permitted training and development purposes.^[8]

Switzerland possesses two types of directional fragmentation devices (known commonly as Claymore mines), the Richtladung Leicht 96 and the Richtladung Schwer 96 (previously called Horizontalsplitterminen 90). These have not been included in Article 7 Reports on the grounds that “the element of indiscriminate effect has been eliminated.”^[9] However, it is has not been made clear what steps have been taken to prevent tripwire/victim activation and ensure command-detonation only.

According to a letter from the Defense General Staff in June 2001, the Swiss Army possesses two types of antivehicle mines: the Panzermine 60 (the Belgian PRB M3, procured in the 1960s) and Panzerabwehrmine 88 (which is the HPD F2 produced by former Thompson-Dasa, procured in 1988).^[10]

According to a press release from the General Staff in December 2001, it was decided to withdraw the Panzermine 60 from its stockpiles from 1 January 2002 due to the age and condition of the mines, which will be destroyed in the coming two years. Part of the stockpile was destroyed between 1996 and 1998.^[11] The mine is equipped with a integral magnetic influence sensor and an integral antihandling feature.^[12] The Swiss Campaign criticized the mine as possibly violating international humanitarian law because the magnetic influence fuze cannot discriminate between intentional and unintentional disturbance and, because sweeping with a mine detector could cause the mine to activate.^[13] The General Staff replied as follows: “The electronics of the fuze of the Panzerabwehrmine 88 are programmed that an actuation under only certain categories of vehicle is possible... The mine is optimized to military, heavy vehicles.”^[14]

At the Standing Committee meeting on 1 February 2002, the Swiss delegation stated that Switzerland has never owned the FFV-028 antivehicle mine, as noted in a Human Rights Watch fact sheet.^[15]

MINE ACTION FUNDING AND ASSISTANCE^[16]

In 2001, Switzerland provided mine action funding of US$8.43 million. This compares to $8.53 million in 2000, and $5.8 million in 1999. The 2001 total included some $4 million for humanitarian mine clearance and $3.3 million for the Geneva International Centre for Humanitarian Demining (GICHD). Because programs for mine survivors are integrated into the larger context of other victims of war, post-conflict reconstruction and long-term development, no separate funding element for mine survivors can be identified.

Countries receiving Swiss mine action funding in 2001 were Albania, Azerbaijan, Bosnia and Herzegovina, Chad, Croatia, Eritrea, Mozambique, Somalia, Sudan, Yemen, and the Federal Republic of Yugoslavia (Kosovo).

The annual donor report for mine action funding in 2001 recorded by the UN Mine Action Service mine action investments database is summarized in the table below. It includes financial donations and in-kind assistance.^[17]

Mine Action Funding in 2001:

Countries/Areas	US$ total	US$ Program/Activity	Program/Activity	Implementing Agency
Albania	853,000	605,000	Demining in north Albania	SFMA
		105,000	Stockpile destruction	NAMSA/NATO PfP
		90,000 in-kind	Mine clearance supervisor	SFMA
		35,000 in-kind	EOD in north Albania	SFMA
		18,000	Support	AMAE
Azerbaijan	60,000	50,000 in-kind	Mine awareness adviser for ANAMA	UNOPS
		10,000 in-kind	Mine clearance equipment	ANAMA
Bosnia and Herzegovina	345,000	150,000	Support to regional NGO	HI
		175,000	Demining	NPA
		20,000	Mine awareness in Posova	HI
Chad	120,000	60,000	Demining	UNDP
		60,000 in-kind	Information advisor for HCND	UNOPS
Croatia	365,000	365,000	Demining- CROMAC/NGO	CROMAC
Eritrea	75,000	75,000	Demining	HALO Trust
Mozambique	950,000	315,000	Demining - north Mozambique	HALO Trust
		135,000	Demining - central Mozambique	ADP
		500,000	Demining – Matalane/Afrovita	IND
Somalia	80,000	80,000 in-kind	Information advisor for MAC	UNOPS
Sudan	340,000	305,000	International integrated project	OSIL
		35,000	Demining – southern Sudan	Basler Mission
Yemen	120,000	120,000 in-kind	Admin/Logistics advisor for UN MAP in Yemen	UNOPS
Federal Republic of Yugoslavia (Kosovo)	1,625,000	60,000	Integrated mine action in southern Kosovo	HI
		225,000	Demining in Kosovo	HALO Trust
		230,000	Integrated mine action in support of ICRC	SFMA
		910,000	Demining in eastern Kosovo	Emercom
		200,000 in-kind	2 liaison officers for UNMACC	UNOPS
Subtotal :	4,933,000

Regional/ Multilateral/ Thematic Programs	US$ total	US$ Program/ Activity	Program/Activity	Implementing Agency
International Advocacy/Outreach	115,000	20,000	Side events at 3MSP, September 2001	Government of Nicaragua
		50,000	Landmine Monitor 2001	ICBL
		30,000	Handbook/ workshop on Non-State Actors	Geneva Call
		15,000	Participation in 3MSP	ICBL
Mine Awareness	20,000	20,000	Film on Swiss mine action in Mozambique	Dipro AG
Mine Clearance Training	30,000	30,000	Stockpile destruction workshop	Ministry of Defense
Research & Development	3,330,000	3,330,000	General	GICHD
Subtotal		3,495,000
TOTAL		8,428,000

Abbreviations : SFMA – Swiss Federation for Mine Action, NAMSA – NATO Maintenance and Supply Agency, PfP – Partnership for Peace, AMAE – Albanian Mine Action Executive, UNOPS – UN Office for Project Services, ANAMA – Azerbaijan National Agency for Mine Action, NPA – Norwegian People’s Aid, CROMAC – Croatian Mine Action Center, ADP – Accelerated Demining Program, IND – National Demining Institute, OSIL – Operation Save Innocent Lives, ICBL – International Campaign to Ban Landmines, GICHD - Geneva International Centre for Humanitarian Demining.

Additionally, intensive training in mine action is given to staff of the Ministry of Defense each year. By the end of 2002, it is expected that there will be a pool of 40 qualified experts ready to respond to the needs of mine action programs internationally.^[18] The Ministry also provides technical information and demonstrations on EOD (explosive ordnance disposal) systems. Assistance, mainly EOD systems, are provided to mine action programs in Albania, Bosnia and Herzegovina, and Kosovo.^[19]

Switzerland conducted a second training course on the management of stockpile destruction programs in June 2002 in Martigny. Switzerland was on the Support Committee of the Regional Workshop on Victim Assistance in Southeast Asia, held on 6-8 November 2001 in Thailand.

In 2002, Switzerland has budgeted mine action totaling $6,275,000. Six countries will receive a total of $1,485,000: Albania ($305,000 for demining by the SFMA); Bosnia and Herzegovina ($185,000 for Handicap International and NPA); Croatia ($180,000 for CROMAC); Eritrea ($225,000 for NGO support); Mozambique ($425,000 for demining by HALO Trust and ADP); and Sudan ($165,000 for OSIL). Other projects receive $4,790,000: Fourth Meeting of States Parties ($120,000); sponsoring southern delegates to the Fourth Meeting ($60,000); and GICHD ($4,610,000).

Non-governmental organizations:

Various Swiss-based nongovernmental organizations were engaged in mine action through wider projects of development.

In 2001, Handicap International Switzerland supported mine action programs in 12 countries, to the value of approximately $1,663,000:

• mine clearance in Bosnia and Herzegovina ($354,063) and Kosovo ($33,117)
• mine awareness in Angola ($46,947); Ethiopia ($42,840); and Mozambique ($160,311)
• survivor assistance in Albania ($66,667); Algeria ($68,133); Cambodia ($215,782); Nicaragua ($33,893); Rwanda ($ 98,555); Senegal ($67,227); Somaliland ($33,333); and Yemen ($28,133)
• World Report on Landmine Victim Assistance 2001 ($20,000); Regional Conference in Southeast Asia on Victim Assistance  ($87,980).^[20]

Handicap International coordinated the Regional Conference on Victim Assistance in the Framework of the Mine Ban Treaty in South-East Asia, in Thailand, on 6-8 November 2001, with the support of the governments of Switzerland, Norway and Germany.

The Swiss Foundation for Landmine Victims Aid provided $100,000 from donors to support a program in the tribal area in Pakistan, near the border with Afghanistan, involving minefield mapping, mine awareness, victim assistance and rehabilitation. World Without Mines is a new NGO in Switzerland which collects funds to support NGOs specializing in demining.^[21]

Pro-Victimis provided the support for the following programs in 2001: Albania ($24,200 for the Swiss Federation for Mine Action for demining); Laos ($62,000 for power supplies for an orthopedic center); Mozambique ($28,245 for power supplies for a job training center for disabled); Bangladesh ($47,000 for BRAC for material for an orthopedic center).^[22]

The Swiss Federation for Mine Action (SFMA) was involved in these projects in 2001: Kosovo ($312,000 donated by the Swiss Ministry of Foreign Affairs for demining); Albania ($1,219,400 donated by the Swiss Agency for Development and Cooperation, Pro-Victimis and the International Trust Fund for demining); Afghanistan ($270,000 donated by the World Food Program for coordination of humanitarian demining operations, training of local demining NGOs, security of WFP infrastructure, and minefield mapping).

NGO ACTIVITIES

In October 2001, the Swiss Campaign, as a member of the ICBL which received the Nobel Peace Prize in 1997, organized an event to celebrate the centenary of the Nobel Peace Prize awarded to Henri Dunant, the Swiss founder of the International Committee of the Red Cross. For two weeks children brought flowers to decorate a wall in Geneva, illustrating the messages that “the small actions of each person achieve something visible” and “peace is built through the participation of civil society.”

The Swiss Campaign to Ban Landmines organized a conference on responsibility and reparation, which took place in February 2002 in Geneva. The conference discussed the issue of the responsibility of mine users and manufacturers for demining and helping survivors.^[23] The Swiss Campaign launched the Turkey Without Mines campaign in 2000, and continued to support this in 2001, including funding of US$27,000. The Swiss Campaign continued to work on the issue of how to engage non-state actors in the mine ban. The Swiss Campaign is co-chair of the working group on this subject within the ICBL, and works closely with Geneva Call.

Geneva Call is an NGO based in Geneva, which advocates for the adherence of non-state actors to humanitarian norms and provides a mechanism for them to be held accountable. In September 2001 in Strasbourg, the European Parliament voted unanimously for a resolution proposed by Geneva Call, calling on the international community to support efforts to obtain commitments from non-state actors to stop using antipersonnel mines. In October 2001, the Sudan People’s Liberation Movement/Army (SPLM/A) committed itself under Geneva Call to prohibit antipersonnel mines and to cooperate with mine action in areas under its control.^[24]

[1] Its delegation included Amb. Christian Faessler, Head of the Multilateral Division and Permanent Mission of International Organizations in Geneva, Rodolphe Imhoof, Ambassador to Costa Rica, Nicaragua, Panama and San Jose, René Haug, Permanent Mission of International Organizations in Geneva, Roman Hunger, Legal Adviser, Ministry of Defense, Urs Beer, Ministry of Foreign Affairs, and Flavio del Ponte, Humanitarian Aid Division, Ministry of Foreign Affairs.
[2] Statement of Switzerland to the Third Meeting of States Parties, Managua, Nicaragua, 18-21 September 2001.
[3] Article 7 Reports, submitted on 4 August 1999 for the period 1 March-20 August 1999; submitted on 11 April 2000 for calendar year 1999; submitted on 28 March 2001 for calendar year 2000; and submitted on 30 April 2002 for calendar year 2001.
[4] CCW Amended Protocol II Article 13 Report, Forms D, E, 24 October 2001.
[5] See the report on Belgium in this edition of the Landmine Monitor.
[6] Report to the Organization for Security and Cooperation in Europe (OSCE), 12 December 2001, p. 2.
[7] See Landmine Monitor Report 1999, p. 670.
[8] For details see Landmine Monitor Report 1999, pp. 668-669, and Landmine Monitor Report 2001, pp. 801-802.
[9] Letter from the Ministry of Defense, 7 March 2001. Ministry of Defense is shorthand for the Swiss Federal Department of Defense, Civil Protection and Sports (DDPS).
[10] Letter from the Defense General Staff, 12 June 2001.
[11] “Die Panzermine 60 wird endgultig ausgemustert” (“The Panzermine 60 Will Be Definitively Withdrawn”), Press Release, Ministry of Defense, 18 December 2001, available at: www.admin.ch/cp/d.
[12] Canadian Forces Mine Awareness Database 99, Jane’s Mine And Mine Clearance 2000-2001.
[13] Tobias Gasser, “Die Minenleger und der Ernstfall” (“The Minelayer and the Worst Case”), Die Wochenzeitung (daily newspaper), 26 July 2001, p. 6.
[14] Letter from the Defense General Staff, 12 July 2001; Landmine Monitor researcher’s translation.
[15] Landmine Monitor notes, Standing Committee on the General Status and Operation of the Convention, 1 February 2002.
[16] For mine action funding policy, see Landmine Monitor Report 2001, p. 805. The policy is repeated in Switzerland’s Report to the OSCE, 12 December 2001.
[17] “Annual Donor Report,” UN Mine Action Service Mine Action Investments database, accessed at: www.mineaction.org on 14 May 2002.
[18] Report to the OSCE, 12 December 2001, p. 2.
[19] Amended Protocol II Article 13 Report, Form E, 24 October 2001.
[20] Email from Paul Vermuelen, Handicap International, 3 May 2002.
[21] Email from Elisabeth Reusse-Decrey, Swiss Campaign to Ban Landmines, 19 May 2001.
[22] Ibid.
[23] For the report of the conference, see www.stopmines.ch.
[24] Further information available from info@genevacall.org.

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