Ukraine

Mine Ban Policy

Ukraine signed the Mine Ban Treaty on 24 February 1999, ratified on 27 December 2005 and the treaty entered into force on 1 June 2006. Ukraine has not indicated what steps it will take to implement the treaty domestically, as required by Article 9.

Ukraine submitted its initial transparency report required by Article 7 on 12 December 2006, shortly after its deadline of 28 November 2006. The reporting period is January 2006 to 1 December 2006. On 11 April 2007 it submitted an annual update report for the period 1 December 2006 to 11 April 2007.

Ukraine attended the Seventh Meeting of States Parties in Geneva in September 2006, and made statements on stockpile destruction and other steps it is taking to implement the treaty. Ukraine participated in the intersessional Standing Committee meetings in May 2006 and in April 2007, where it made statements on stockpile destruction.

Ukraine has not yet made known its views on much-discussed matters of interpretation and implementation related to Articles 1, 2 and 3, and in particular the issues of joint military operations with states not party to the treaty, foreign stockpiling and transit of antipersonnel mines, antivehicle mines with sensitive fuzes or antihandling devices, and the permissible number of mines retained for training.

Ukraine is party to the Convention on Conventional Weapons (CCW). It ratified Amended Protocol II on landmines on 15 December 1999, deferring compliance with Amended Protocol II’s requirements for self-destruction and self-deactivation of remotely delivered antipersonnel mines for nine years.^[1] Ukraine attended the Eighth Annual Conference of States Parties to Amended Protocol II in November 2006. It did not submit a national annual report as required by Article 13 in 2006. On 19 May 2005 Ukraine deposited its instrument of ratification for Protocol V on explosive remnants of war.

Ukraine has repeatedly stated that it has not been involved in production of antipersonnel mines since its independence. Ukraine is not known to have exported antipersonnel mines. Its 1999 moratorium on the export of antipersonnel mines was formally in place through 2003, and in practice stayed in effect until Ukraine ratified the Mine Ban Treaty.^[2]

Stockpiling and Destruction

Ukraine’s treaty-mandated deadline for destruction of all stockpiled antipersonnel mines is 1 June 2010. The submission of two transparency reports has not clarified the quantities and types of antipersonnel mines stockpiled by Ukraine.^[3] The initial declaration submitted in December 2006 and the annual update submitted in April 2007 present different information, both of which differ from previously revealed information, as detailed in the following table.

As part of supplemental information included with its April 2007 declaration of stockpiles, Ukraine made the following statement with reference to the OZM-72 and MON series mines: “[These] types of mines are approved for usage in controllable variant, and are not covered by MBT but thus they are not usable and planned for utilization.”^[5]

Ukraine intends to retain an additional 950 PMN mines and 1,000 PMN-2 mines for training and research purposes.^[6] It has not specified the intended purposes of the retained mines.^[7] It is also unclear what stockpiles these mines came from because the destruction of supposedly all PMN-type mines (a total of 404,903) took place from July 2002 to May 2003 under a Canadian-led NATO Trust Fund project.^[8]

The European Commission (EC) announced in August 2005 a €1 million (US$1.24 million) tender for the destruction of an additional 716,745 non-PFM type antipersonnel mines stockpiled in Ukraine.^[9] The existence of these additional antipersonnel mines was previously unknown. This project was cancelled on 14 December 2005, following an evaluation committee’s conclusion that the bidder was not technically compliant.^[10] It is unclear what measures are being taken by Ukrainian authorities to rectify this situation and dispose of these mines.

Destruction of PFM Type Mines

A total of 101,088 PFM-1 mines were destroyed between March and April 1999 at the Desna Training Center by the Ministry of Defense at a cost of €120,000 ($150,000).^[11] These landmines contain a liquid explosive filling (VS6-D) that makes them dangerous and difficult to destroy.

The EC launched a study in 2002 to prepare the destruction of Ukraine’s remaining PFM mines.^[12] In June 2005 the EC announced that it had concluded the negotiation with the government of Ukraine of the Terms of Reference of a €6 million ($7.5 million) project to destroy the mines.^[13] In late June 2005 the EC announced a tender for the destruction of the mines, with work to begin in January 2006 and completion within 36 months. The tender specified that the contractor would provide destruction facilities and treat “liquid and gaseous effluents to levels of concentrations of contamination acceptable for release into the environment, specified in [the government of Ukraine’s] granted licenses and permits.”^[14]

The contract was awarded in December 2005 to a consortium including Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH (Germany), GRV Luthe Kampfmittelbeseitigung GmbH (Germany), DYNASAFE AB (Sweden) and Ingenieurbüro Döring GmbH (Germany), for the amount of €5,910,000 (some $7.5 million).^[15] Work began on the contract in February 2006. The disposal technology chosen was a rotary kiln oven with a pollution control system. GTZ used part of the EC funds to contract out to a Ukrainian firm the development of a system to dismantle certain PFM canisters. The contract was structured such that the GTZ consortium would be responsible for obtaining the necessary permits and the project partner (the Ukrainian Ministry of Defense) would grant all necessary permits and provide a suitable location for the destruction activities.^[16]

On 18 April 2007 the contract was terminated by the contractor (GTZ consortium) “on the grounds of non-fulfillment by the [government of Ukraine] of their obligations, which have made it impossible for GTZ consortium to fulfill their contractual obligations.”^[17] The project was closed and the funds have been de-committed.

There are a number of explanations for the failure of this project, which vary according to the different actors involved. The primary problems seem to revolve around the selection of a suitable location for the destruction and the issuance and revocation of environmental permits by local authorities.^[18] There are also allegations that the destruction technology GTZ proposed would not be able to dispose of PFM mines contained in multiple launch rockets because the energetic force released during disposal would exceed the explosive tolerances of the kiln.^[19]

At the time of the publication, Landmine Monitor is unable to either evaluate the various reasons given by parties for the present situation or present a complete factual narrative of the events without engaging in speculation or relying on unverified accounts. Equally unclear are what future measures are planned to rectify the situation and what funding sources will provide the necessary resources.

However, in light of the cancellation of EC tenders for destruction of both PFM and non-PFM mines, Ukraine’s ability to destroy its stockpiles of all types of mines by its deadline of 1 June 2010 appears to be in serious jeopardy.

Landmine and ERW Problem

Ukraine is contaminated with antipersonnel mines and explosive remnants of war (ERW). The contamination results mainly from heavy fighting between German and Soviet forces in World War II, also from World War I, the 1917-1921 civil war and the Cold War.^[20] The scope of the mine problem has not been precisely identified. In its two Article 7 reports Ukraine has declared that there are no known or suspected areas containing antipersonnel mines under its jurisdiction or control.^[21] However, mines continue to be discovered; for example, on 14 July 2007, among other World War II munitions, two landmines were discovered in a field near Kupyansk City.^[22]

ERW including both unexploded ordnance (UXO) and abandoned explosive ordnance pose a major threat to the civilian population. Ammunition depots are overstocked and located close to densely populated areas.^[23] Accidents have been reported in Sevastopol, in Cvetoha and at the Novobohdanovka base.^[24] Underwater munitions including sea mines from World War II have been reported near Odessa, Sevastopol and Kerch. A UN interagency assessment in 2005 reported contamination by underwater munitions; the report had not been finalized by mid-2007.^[25]

The use of improvised explosive devices by (IEDs) criminals was also reported in 2006. On 16 July 2007 firefighters attending a house fire in Berdyansk found 220 kilograms of TNT, 90 meters of detonating cord, 1,260 electrical detonators and several firearms.^[26]

Mine Action Program

As of June 2007 there was no national mine action authority or mine action center in Ukraine. The Ministry of Emergency Situations has main responsibility for mine/ERW clearance. It has drafted a mine action program for 2008-2018 which it expected to be approved in late 2007; details have not been made available.^[27]

On 19 January 2006 the Government Committee on Legal and Defense Policy approved the establishment of an interagency working group for preparation of a national mine action program.^[28] Since then, no new legislation on mine action had been announced as of mid-2007.

There are no national standards or standing operating procedures (SOPs) in line with international standards for conducting clearance operations in Ukraine. On 22 May 2007 the EC agreed terms of reference with the government under which the EC will support the development of national standards for explosive ordnance disposal (EOD) and standing operating procedures for clearance at the Novobohdanovka base. An EC consultant will also conduct a training course in SOPs and quality assurance to ensure the new SOPs are respected. The aim is to help the Ministry of Emergency Situations develop its EOD/clearance capacity; however, the EC consultant will not manage or supervise operations and safety will remain the ministry’s responsibility.^[29]

Demining

Humanitarian demining of civilian areas has been conducted by the Ministry of Emergency Situations; clearance of military firing ranges and bases has been conducted by the Ministry of Defense.^[30] In November 2005 the President of Ukraine issued a decree giving sole responsibility for civilian clearance operations to the Ministry of Emergency Situations from 1 January 2006.^[31] The Ministry of Emergency Situations created a demining center within the Central Rescue Unit which has conducted clearance operations since July 2006.^[32]

In 2006-2007 the Organization for Security and Cooperation in Europe (OSCE) continued to support the Ministry of Emergency Situations through the provision of equipment and training on clearance techniques for the Novobohdanovka base.^[33]

Mine/ERW Clearance

In 2006 the Ministry of Emergency Situations collected 74,225 ERW, including 3,806 mines and mortar shells, 549 air bombs, 18,926 artillery shells, 2,322 hand-grenades and 48,622 other items.^[34] From January to May 2007 the ministry collected a further 23,846 ERW.^[35]

Ukraine did not include in its 2007 Article 7 report the number of mines disposed of in the reporting period.

Summary of Efforts to Comply with Article 5

Under Article 5 of the Mine Ban Treaty, Ukraine must destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 June 2016. Ukraine has taken legislative and other steps, including creation of a demining center and capacity-building, to develop its ability to comply with Article 5.

Support to Mine Action

Ukraine provided demining personnel to the UN Interim Force in Lebanon (UNIFIL) in southern Lebanon in 2006 until March, at which time Ukrainian troops were withdrawn from the country, but did not report a value for this contribution.^[36]

Mine Risk Education

There are no continuous and civilian-implemented mine risk education (MRE) programs in Ukraine. The Ministry of Emergency Situations conducts limited MRE for emergency personnel and civilians in UXO-affected areas, including in relation to clearance operations at the Novobohdanovka base in Zaporizhzhya region. Reportedly, the NGO Ukrainian Mine Action Coordination Center (UMACC), the Ukraine Campaign to Ban Landmines members and the Ukrainian Red Cross Society train some instructors in mine awareness, generally as part of public safety training.^[37] Television and radio channels also provide warnings and guidance regarding the dangers of UXO. Demining specialists instruct civilians in basic risk awareness in affected areas before initiating clearance operations.^[38]

Landmine/ERW Casualties

In 2006, 10 new ERW casualties were reported in Ukraine (seven people killed and three injured); no mine casualties were reported. At least one of the casualties was a child and one was a woman. Scrap metal collection and tampering with ERW were the main causes of incidents.^[39] This represents an increase from six ERW casualties in 2005.^[40] As there is no comprehensive casualty data collection system in Ukraine it is probable that casualties go unreported.

UMACC recorded 21 casualties due to ERW in 2006, but these included casualties caused by command-detonated IEDs and explosives other than mines/ERW, as well as explosions at weapons storage facilities.^[41] For example, in May 2006, 10 military personnel were injured in explosions at an ammunition depot in Cvetoha.^[42] In August four people were injured in explosions at the Novobohdanivka ammunition depot.^[43]

In 2007 casualties continued to be reported in Ukraine at an increased rate: UMACC recorded 13 casualties (four people killed and nine injured) by July; all were due to ERW.^[44] Seven of the casualties were Ministry of Emergency Services clearance personnel, with two killed and five injured in two incidents at Novobohdanivka.^[45] The other casualties occurred during tampering.^[46]

The total number of mine casualties in Ukraine is not known with certainty. There are estimates as high as 80,000 mine survivors among 300,000 disabled war veterans. Between 2000 and 2006 Landmine Monitor recorded 92 mine/ERW casualties (45 killed and 47 injured). The majority of civilian casualties appear to be due to ERW.

Errors within the state database of veterans and people with disabilities have prevented accurate accounting, which affected benefits for these groups. In 2006 the Chair of the Mine Survivors Union stressed the need for a database of mine survivors to enhance the provision of services.^[47] No progress was reported as of June 2007.^[48]

In Iraq, two Ukrainian peacekeepers were injured by a mine or similar device in July 2006.^[49] One Ukrainian citizen was killed and one injured in a mine incident in Wasit province of Iraq in October 2006.^[50] In Senegal a Ukrainian taking part in a humanitarian mission was injured by an antivehicle mine.^[51] In Algeria in March 2007 four Russian and Ukrainian employees of a gas company were killed, with three Algerians, by a “road bomb;” at least two more people were injured.^[52]

Survivor Assistance

Ukraine provides war veterans with financial support for medical rehabilitation, and social services including transportation, housing, healthcare, food and medication, in accordance with Ukrainian law. Disabled veterans are entitled to pensions but these are reportedly less than half the official minimum wage.^[53] The Ukrainian Rehabilitation Center of Afghanistan Veterans, a private center in Kiev, provides prosthetics, orthotics and other assistive devices to war veterans and other people with disabilities.^[54] Ukraine did not make use of the voluntary Form J to provide details of victim assistance programs in its two Article 7 reports.

In February 2007 the State Department for Veterans Affairs was re-opened, following veterans’ protests at its closure in March 2005. It coordinates state policy on war veterans and victims.^[55] However, as of April 2007, it did not have an adequate budget to fulfill this role.^[56]

The Ukrainian Mine Survivors Union (UMSU) has implemented a social protection and survivor assistance program, including medical rehabilitation and orthopedic support in cooperation with four special orthopedic medical centers, since 2005. UMSU reported that many mine survivors faced difficulties in 2006-2007 due to new regulations which require their registration through local medical commissions.^[57]

In 2006 an evaluation by the International Committee of the Red Cross (ICRC) and the Ukrainian Red Cross Society of the psychological needs of children affected by explosions at ammunition depots in southern Ukraine resulted in plans to establish a rapid response trauma unit in 2007.^[58]

Ukraine has legislation which prohibits discrimination against people with disabilities, but discrimination remains. The government has done little to create opportunities for people with disabilities. In 2006 only 13 percent of the 2.5 million people with disabilities were employed.^[59]

As of 14 July 2007 Ukraine had not signed the UN Convention on the Rights of Persons with Disabilities or its Optional Protocol.

Funding and Assistance

Three donors reported contributing a total of $187,223 (€149,027) for mine action in Ukraine in 2006.^[60] The EC reported €80,000 ($100,504) for clearance of the Novobohdanivka ammunition dump.^[61] France reported contributing €52,527 of in-kind technical assistance and training.^[62] Luxembourg reported a €16,500 donation via the OSCE for mine clearance.^[63] Lithuania also reported contributing to the UXO destruction project in Novobohdanivka, but did not provide a value.^[64] For funding of stockpile destruction, see earlier section.