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.
[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.
[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.
[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.