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Country Reports
MALAYSIA, Landmine Monitor Report 1999

MALAYSIA

Mine Ban Policy

Malaysia signed the Mine Ban Treaty on 3 December 1997, but has not yet ratified. Along with the Philippines, Malaysia was among the first ASEAN countries to adopt a pro-ban position. Indeed, in a December 1994 U.N. General Assembly speech, Malaysia became one of the first nations in the world to call for an immediate and total ban on antipersonnel mines. In the 1996 ASEAN Regional Forum (ARF), a Malaysia initiative led to the inclusion in the Chairman's Statement of a moral commitment to stricter measures against the proliferation of landmines and to assisting landmine victims.

Malaysia sat as an observer in the Ottawa strategy conference on 3-5 October 1996 and voted in favor of the U.N. General Assembly Resolution 51/45S dated 10 December 1996, urging states to vigorously pursue an international agreement banning APMs. As a member of the ASEAN, Malaysia was also co-signatory to the final declaration of the 12th EU-ASEAN Foreign Ministers Meeting (held in February 1997 in Singapore), wherein the parties "agreed to attach a high priority to efforts to deal with the suffering and destruction caused by the indiscriminate use of anti-personnel mines and called on states to work towards an agreement banning the use, stockpile, production and transfer of APMs."

Malaysia attended all the ban treaty preparatory meetings in 1997, endorsed the pro-ban treaty Brussels Declaration in June 1997, took part in the treaty negotiations in Oslo in September as a full participant and subsequently signed the 1997 Mine Ban Treaty on 3 December 1997. It voted for the 1997 U.N. General Assembly Resolution 52/38A supporting the treaty signing, and the 1998 UNGA Resolution welcoming the addition of new States to the Mine Ban Treaty, urging its full realization and inviting all state parties to the First Meeting of State Parties in Mozambique in May 1999.

At the treaty signing in Ottawa, Ambassador Dato’ Abdullah Zawawi B. Haji Mohamed, stated, “The landmines problem is first and foremost a humanitarian problem. Malaysia is firm in its conviction that the humanitarian impact of antipersonnel mines far outweighs their military utility and economics."[1]

By early March 1999, the Cabinet paper for ratification drafted by the Attorney General’s office had been prepared and will reportedly be tabled in the next Parliament sitting.[2] After ratification, the Parliament must pass implementing legislation.[3] In July 1998, the Ministry of Defense issued a statement signed by its Minister committing to observance of the Treaty.[4]

Malaysia is not a signatory to the Convention on Conventional Weapons.

Production

According to government officials, Malaysia has never manufactured landmines.[5] The Foreign Affairs secretary-general has stated, "At present, Malaysia does not produce any antipersonnel mines which are banned under the Convention."[6]

A former military doctor in the Malaysian Armed Forces (MAF) who treated landmine victims in insurgency areas near the Thai border likewise claimed that the Malaysian government did not manufacture landmines in its counter-insurgency operations in the 1950s to 1970s: "Malaysia never manufactured or used landmines in our fight against the communist insurgency."[7]

According to defense officials, the Communist Party of Malaya (CPM) rebels used to manufacture "booby traps" from the 1950s and the 1980s. These were jointly cleared by the rebel and government forces after negotiations were successfully conducted in December 1989.[8]

Prior to its declared commitment to a landmine ban, mine supplies, including Claymore mines, were bought from Britain and the United States.[9] Malaysia acquired 88,278 M18 and M18A1 Claymore mines from the United States between 1969 and 1978.[10]

In the past, mines purchased were brought straight from the port to the ammunition depot for delivery to the military regions in the north, south, central and east. These were then distributed to battalions or camps which have their own ammunition dumps. APMs were issued to companies while Claymore mines were supplied down to the section level.[11]

The Malaysian government is not known to have exported antipersonnel mines to other countries, but acknowledges that it may engage in transfer of mines for training purposes, as allowed under the treaty.[12] MINDEF spokespersons claim that Malaysia has never been used as a transfer point for landmines.[13]

As to a published statement that Sabah may be a source of supply for the manufacture of homemade APMs in Mindanao, MINDEF spokespersons denied any knowledge of such activities. The book on Muslim rebels in Southern Philippines written by a Filipino author states: "(MNLF Chair Nur) Misuari knows only too well that while he is now in the saddle of either ARMM or SPCPD, Sabah's officials' support is necessary in terms of providing investment to the region, and is indispensable when it comes to checking the smuggling of arms and ammonium nitrate (used in the region not as fertilizer but in the making of landmines) from Sabah."[14] Moreover, MINDEF spokespersons claim the sale of this and similar materials used for the manufacture of explosives is under strict police control and are undertaken solely by licensed distributors as part of government measures to contain quarrying and the use of illegal fishing techniques like blasting of coral reefs.[15]

Stockpiling

The military's stockpiles of landmines are presently maintained at ammunition dumps located in Army camps in the 13 states and two territories making up the Malaysian Federation. According to a military official, each mine has a lot number which is kept in a ledger.[16] MINDEF spokespersons declined from giving any figures as to the number of mines and their types in the stockpiles. It can be assumed that a significant number of the 88,278 Claymore mines provided by the U.S. remain in stockpiles.

Although the directive not to use mines is in place, no order to destroy the stockpiles has been issued. The MINDEF expects the order to be issued after the Parliament ratifies the treaty, and the destruction procedure to comply with the requirements of the treaty is set. Even then, some stocks shall be retained for training purpose.[17]

According to the Secretary General of the Ministry of Foreign Affairs, "[S]ince Malaysia is involved in the United Nations Peacekeeping Operations, the Malaysian Armed Forces retains or transfers anti-personnel mines only for training purposes in mine detection, mine clearance, or mine destruction techniques permitted under Article 3 of the Convention."[18] Mines used for training purposes are assigned to instructors who undertake the training in military schools.[19]

Use

The Malaysian military used British-made APMs for perimeter defense of their jungle camps near the Thai border, but these were allegedly removed upon dismantling of the camps.[20] Military officials claim no new use of landmines has taken place since the CPM and the government conducted negotiations in December 1989. A directive not to use mines is in place.[21]

The Malaysian military claims that Malaysian communist insurgents planted booby traps in areas bordering Thailand in West Malaysia from the 1950s up to the 1980s to secure guerrilla territory. The use of these homemade mines were at its peak from the mid-1970s to the early 1980s, and declined thereafter.[22] Use of landmines by the CPM was apparently an important part of its Maoist-inspired revolutionary strategy which emphasized armed struggle. A 1984 paper described the CPM’s activities as follows:

The CPM seems to have been increasingly adept at jungle warfare, using techniques which can be considered quite innovative. Two of these techniques, ambush and landmines (booby traps), have been successful in inflicting SF (Security Forces) casualties, but it is also believed that the SF have begun to take effective counteraction.”[23]

Sabah and Sarawak in East Malaysia allegedly have no history of landmine use despite the separatist movement in Sarawak led by the North Kalimantan Communist Party (NKCP).

Landmine Problem

While some mines remain from the guerrilla insurgency, especially along the Thai border, injuries caused by mines are very rare.

Mine Clearance

The Malaysian government (through its army and police), the Thai government, and the CPM jointly conducted mine clearing operations in the Malaysian-Thai border areas from 1990 to 1991 as part of a special operations program called "Operasi Bersih." CPM members helped identify where these mines were planted. The retrieved mines were turned over to the police. The informants do not have data available on the number of such mines that were retrieved and whether or not they were subsequently destroyed.[24]

The Malaysian Armed Forces sent one troop (two officers, 32 soldiers) to undertake mine clearing operations in Cambodia from March to August 1992. In Bosnia, the MAF sent one squadron (10 officers, 160 men) for mine clearance. In all, the MAF has been involved in 17 U.N. peacekeeping operations since 1960 and has sent 16,500 personnel as observers, battalion groups, or staff officers.[25]

Mine Awareness

No mine awareness program is being undertaken by any group in Malaysia. MINDEF spokespersons attribute this absence to the fact that Malaysia is not directly mine-affected.[26]

Landmine Casualties

Malaysian soldiers were the primary victims of the improvised landmines or booby traps planted by communist insurgents in the Malaysian-Thai border. These landmine incidents were at their peak in the late 1970s and early 1980s.[27] Since 1979, there have been approximately 95 casualties ending up as amputees.[28] The last reported MAF victim of landmines in Malaysia was in 1993. A soldier on patrol in the state of Kedah was injured by one of the few remaining mines planted by CPM rebels which the joint clearing operations failed to retrieve. In 1994, Major Ramli Shari died from a "jumping mine" incident in Bosnia. Major Ramli belonged to the Malaysian contingent of the U.N. peacekeeping mission.[29]

While some rebels were also victimized by MAF APMs, the number is unknown as rebel victims of exploded APMs were brought back to their guerrilla camps for treatment.[30] On the whole, the scale of victims was relatively small and deaths resulting from landmine incidents very few. There have been no reports of civilian victims of landmines.

<INDONESIA | MALDIVES>

[1] Statement by Ambassador Dato’ Abdullah Zawawi B. Haji Mohamed, High Commissioner for Malaysia to Canada, at the Signing Ceremony, Ottawa, 2-4 December 1997.

[2] E-mail message from retired Colonel G. Gopinath to the Landmine Monitor researcher, 5 March 1999.

[3] Interview with an officer (who requested anonymity) in the Multilateral Political Affairs Division of the Ministry of Foreign Affairs, at the MFA compound, Kuala Lumpur, 9 February 1999.

[4] Interview with Commander Razali bin Md. Ali, Principal Assistant Secretary and Mr. Iskandar bin Dato'Mohd Kaus, Assistant Secretary, Defense Policy Division, Ministry of Foreign Affairs; and Major Abdullah bin Mustaffa, Defense Planning, Army Headquarters, at the Kementerian Pertahan (Ministry of Defense), Kuala Lumpur, Malaysia, 8 February 1999.

[5] Ibid. The Landmine Researcher was told that this document is not available to the public.

[6] Letter of Datuk Abdul Kadir Mohamad, Secretary General, Ministry of Foreign Affairs, Malaysia, 1 December 1998 to country researcher for the LM.

[7] Interview with retired Col. G. Gopinath who served as a military doctor in the MAF from 1969 to 1990, at the Bestotel, Kuala Lumpur, 9 February 1999. Dr. Gopinath has also been a long-time Malaysian Red Crescent volunteer.

[8] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[9] Ibid.

[10] U.S. Army, Armament, Munitions, and Chemical Command (USAMCCOM), Letter to Human Rights Watch, 25 August 1993, and attached statistical tables, provided under the Freedom of Information Act. (no page number)

[11] Follow-up interview with Major Abdullah bin Mustaffa, Defense Planning, Army Headquarters, Kementerian Pertahan (Ministry of Defense), Kuala Lumpur, Malaysia, 9 February 1999.

[12] Letter of Datuk Abdul Kadir Mohamad, Secretary General, Ministry of Foreign Affairs, Malaysia, 1 December 1998 to country researcher for the LM.

[13] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[14] Arnold Molina Azurin, Beyond the Cult of Dissidence in Southern Philippines and Wartorn Zones in the Global Village (Quezon City: UP Center for Integrative and Development Studies and University of the Philippines Press, 1996), p. 251.

[15] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[16] Follow-up interview with Major Abdullah bin Mustaffa, 9 February 1999.

[17] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[18] Letter of Datuk Abdul Kadir Mohamad, Secretary General, Ministry of Foreign Affairs, Malaysia, 1 December 1998 to country researcher for the LM.

[19] Follow-up interview with Major Abdullah bin Mustaffa, Defense Planning, Army Headquarters, Kementerian Pertahan (Ministry of Defense), Kuala Lumpur, Malaysia, 9 February 1999.

[20] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[21] Ibid.

[22] Follow-up interview with Major Abdullah bin Mustaffa, 9 February 1999.

[23] Zakaria Haji Ahmad and Zakaria Hamid, “Violence at the Periphery: a brief survey of armed communism in Malaysia” in Lim Joo-Jock with Vani S. (editors), Armed Communist Movements in Southeast Asia (Singapore: Institute of Southeast Asian Studies, 1984), p. 58.

[24] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[25] MINDEF, Malaysian Defence, Towards Defense Self-Reliance (Kuala Lumpur: Ministry of Defense, undated), p. 69.

[26] Interview with Commander Razali bin Md. Ali, Mr. Iskandar bin Dato' Mohd Kaus and Major Abdullah bin Mustaffa, 8 February 1999.

[27] Interview with retired Col. G. Gopinath, 9 February 1999.

[28] E-mail message from retired Col. and Dr. G. Gopinath to the Landmine Monitor researcher, 5 March 1999.

[29] Follow-up interview with Major Abdullah Mustafa, 9 February 1999.

[30] Ibid.