Norway signed the 1997
Mine Ban Treaty in Ottawa on 3 December 1997. The ratification bill was passed
in the Norwegian Parliament (the Storting) on 16 June 1998, and deposited
at the UN on 9 July 1998. Implementing legislation was also passed by the
Parliament on 16 June 1998.
Norway has been a global leader in banning antipersonnel mines. It was one
of the most important members of the pro-ban “core group” of
governments, and played a central role in the Ottawa process leading up to the
December 1997 Treaty signing. The government was instrumental in the shaping of
the Brussels Declaration in June 1997 and together with Canada actively worked
to include African countries in the process and financially supported activities
like the ICBL conference in Mozambique and the OAU meeting in South
Africa.[1] The Norwegian
government also took on the responsibility of hosting the final treaty
negotiations in Oslo from 1-18 September
1997.[2] It is one of the most
significant donors to mine action programs globally, and continues to be a key
promoter of the universalization and effective implementation of the Mine Ban
Treaty.
Landmines used to be a part of the Norwegian defense system. Norway’s
geographical location, bordering in the north with Russia, had an impact on
strategic political and military thinking during the Cold War. A strong emphasis
was placed on Norwegian security policy and the defense capability of the
country. Norway’s position in NATO and close relations with the United
States have been important and Norway has adapted military doctrine in
accordance with NATO’s changes after the Cold War.
While Norway has been an active player on the issue of landmines for many
years, it did not always support a total ban on APMs. During the expert
meetings in 1994 and 1995 leading up to the Review Conference of the Convention
on Conventional Weapons, the official Norwegian view was that a total ban
position would be too radical. When the Minister of Foreign Affairs at that
time, Mr. Bjørn Tore Godal, was asked in Parliament if Norway would work
for a total ban during the CCW review conference, his response was that since
there was hardly any international support for such a move, Norway would instead
seek to strengthen the
CCW.[3]
The Norwegian Campaign to Ban Landmines was the main proponent of a Norwegian
ban on APMs and the campaign was active in lobbying various political parties
and Parliamentary committees in 1995 to promote the ban issue domestically. This
eventually led to a Parliamentary proposal by the Center Party to support a
total ban on the production, stockpiling, sale, purchase and use of APMs and on
6 June 1995 the Norwegian Parliament accepted the proposal by consensus. With
this action, the Parliament asked the Norwegian government to support a total
ban on APMs, but this did not seem to have a notable impact on Norway’s
stance in the ongoing CCW revisions. In fact, a newspaper article in April 1996
quoted Minister Godal expressing the same opinion of strengthening the CCW when
there was no international support for a total
ban.[4] This stance was openly
criticized by proponents of a total ban and the Norwegian Campaign to Ban
Landmines.[5]
Despite the slow shift in the government policies to incorporate the
Parliamentary decision to support a total ban on APMs, the issue gained momentum
in 1996 as the CCW Review Conference drew to its uninspiring conclusion with the
rather limited improvements to Protocol II. Norway was one of the increasingly
pro-ban countries that participated in the ICBL-sponsored meetings in Geneva to
help forge a block of like-minded states that would actively work toward a ban
after the close of the review conference. Norway soon emerged as one of the key
allies for the ICBL in promoting a comprehensive ban.
Implementing Legislation
As a result of Norway's signing of the Mine Ban Treaty and as a necessary
step to carry out its obligations under the Treaty, implementing legislation was
passed by the Parliament on 16 June 1998. Instead of making adjustments in
already existing laws, a separate law was formulated. Not only did this make the
legal process of incorporating the articles of the Treaty into Norwegian law
less complicated, it also symbolized the extent of Norway’s commitment to
the achievement of a ban against
APMs.[6]
The law builds upon the text of the Mine Ban Treaty and prohibits the actions
that the treaty prohibits. Penal sanctions for violation of the law include
fines or up to two years imprisonment. Persons guilty of gross negligence of the
law can be fined or sentenced to up to six months
imprisonment.[7] Section 5 of
the law provides for special exceptions from penal sanctions for foreigners,
primarily military personnel, whose own country has not ratified the treaty. In
other words, this provides for a situation where American military forces enter
Norway during training exercises with antipersonnel mines that are legal by
American law, without being prosecuted in Norway. The exceptions to the law are
based on an interpretation of article 9 of the Mine Ban Treaty whereby legal and
other measures for the implementation of the treaty should be
“appropriate.” According to Norwegian official views, “a
possible prosecution of allies in such a situation cannot be seen as
appropriate.”[8]
According to officials in both the Ministry of Foreign Affairs and the
Ministry of Defense, work has begun on the report to the United Nations required
under Article 7 of the Mine
Ban.[9] While there is no
obligation to report to the first meeting of states’ parties in Maputo in
May 1999, MFA signaled that most of the information for the official report
should be gathered before the meeting so that the report can be finished well in
time for the September 1999
deadline.[10]
CCW and CD
On 20 April 1998, Norway ratified Protocol II of the CCW, as amended on 3 May
1996. Norway is a member of the Conference on Disarmament (CD). Its position on
negotiating a ban on APM transfers in the CD is that it is superfluous to have a
partial ban when one has a total ban already in place on
APMs.[11]
Production
Norway has never engaged in large-scale or
technologically advanced production of landmines. There are indications of minor
military production in the early 1950s of some very primitive mines, made out of
a wooden box filled with TNT. Due to the time of production and the rather
primitive model, the data regarding this production is rather insignificant for
the purposes of this report. Norway is not producing delivery systems that can
be used for APMs or any other
landmines.[12]
However, in its report “Exposing the Source: U.S. Companies and the
Production of Antipersonnel Mines,” Human Rights Watch (HRW) revealed that
in the early 1990s the American-based company Dyno Nobel, Inc. (formerly Ireco),
whose parent company is the Norwegian Dyno Industrier AS, produced components
for mines and mine delivery systems. Dyno Nobel’s response to the
revelations by HRW was the renunciation of future production at Dyno
Nobel.[13] Norway is currently
not producing components that are designed for use in APMs. However,
multiple-use detonators and chips which can be important components of legal
military or civilian items are probably part of Norwegian military
stocks.[14]
Norway is not producing Claymore mines, but has a record of importing such
mines. The last purchase of these mines (which are called “sector
charges” in Norway) occurred as late as 1997 from the Austrian company
Südsterische Metall Industrie
(SMI).[15] There are no plans
for further purchases, but eventual new purchases of Claymores are not ruled
out.[16] The critical question
in Norway has been whether steps have been taken to ensure that these mines are
rebuilt to be command-detonated only. Focus was placed on this issue at the time
of the Oslo conference in 1997, when the media discovered the recent military
purchases. The Minister of Defense at the time, Mr. Jørgen Kosmo, then
admitted that nothing had been done so far to ensure that the mines would be
rebuilt to be command-detonated
only.[17] An operation to
rebuild the Claymores in Norwegian stockpiles started during the fall of 1998
and is projected to take two years and cost approximately NOK 55 million in
total.[18] This process is being
carried out at LIAB in
Sweden.[19]
Norway is seeking alternatives to substitute for the combat effect that APMs
represented, but at the moment is not engaged in developing such alternatives.
Norway is monitoring international developments in this
arena.[20]
Transfer
Norway is not known to have ever exported
antipersonnel mines. It is currently neither exporting nor importing APMs, in
accordance with the Mine Ban Treaty. Norway does reserve the right to import
Claymore-type mines and antitank mines, including those with anti-handling
devices. The anti-handling devices on these mines were an issue of much
discussion in the article on the definitions in the Mine Ban Treaty. The
diplomatic record records the discussion and the consensus that if an
anti-vehicle mine with an anti-handling device explodes due to an innocent act
that mine would be considered an APM under the Ottawa Treaty and thus
illegal.[21]
Norway imported APMs in the past, but the last purchases (excluding the
previously mentioned Claymores) were made about thirty years ago. Documentation
is not available on the exact date, quantity, value and suppliers of the
imports, but it is clear that a large amount of the mines were transferred to
Norway in the aftermath of World War II at the time of the Marshall Plan. APMs
in Norwegian stocks included the M2A-series, 1951 C (Norwegian model), M16, M-14
and the M19 Claymore mine.[22]
Inquiries have been made to the Ministry of Defense about a type of Swedish
Claymore, but no answers or clarifications on the possible possession of this
mine have been received at the time of submission of this report. According to
the Defense Ministry and the Defense High Command, plans had been made to import
new APMs. This did not happen before Norway signed the ban treaty and, for
obvious reasons, the plans were
canceled.[23]
Transit
The transit of another country’s APMs across Norwegian territory is not
prohibited by Norwegian
legislation.[24]
Norway’s position on the issue of transit is a matter of concern to many
in the ban movement. Norway has chosen to view APMs that are moved through or
transferred into the country only as a Norwegian “concern” if the
transfer happens both physically, by the mines being moved to Norway, and in
terms of property rights, meaning that the ownership of the mines are changed.
This issue has proved to be sensitive due to the presence of American stockpiles
of APMs on Norwegian territory. According to the Norwegian interpretation of the
Treaty, the American-owned mines on Norwegian soil are defined as outside of
Norwegian concern.[25]
There are two likely reasons for this position. First, Norway believes its
national security is enhanced from having a US military stockpiles on Norwegian
territory and this is probably one of the reasons the stocks were agreed upon in
the first place, as a continuation of the “base policy” Norway
adhered to during the Cold
War.[26] Second, Norway might
be afraid of losing immediate US material support in case of an emergency if the
issue of inhibiting movement or removing the APMs is pushed too hard.
Stockpiling
Norway completed destruction of the antipersonnel
mines in its stockpile in October 1996, long before signing the Mine Ban Treaty.
Today, Norway does not have APMs in stockpile, except a small number retained
for training purposes, and Claymore mines which the government no longer
classifies as APMs. The destruction was carried out at the Norwegian military's
destruction site in Lærdal, Norway. The destruction method was explosion
of the mines.[27] It should be
noted that parts of Norwegian stocks had been destroyed prior to its decision to
ban the weapon, simply because the mines were old, outdated and not
usable.[28]
The specific amount spent on the destruction is not readily available, both
because of the time frame of the total destruction process and because the
Ministry of Defense claims that the resources spent on this activity are
included in the general figures in the budgets for military personnel and
activities and therefore not specifically
stated.[29]
US Stocks
The USA has stocks of APMs on Norwegian territory through a bilateral
agreement. The information on locations, type and quantities is classified. In a
1997 article in the newspaper Dagbladet, it was revealed that American
stocks most likely to contain APMs at the time was located in Trøndelag,
Norway.[30] The presence of
American APMs was a hot issue in the process when Norway signed and ratified the
Mine Ban Treaty and it remains sensitive today.
Nongovernmental organizations and other critics of the government’s
interpretation of the Treaty text in 1997 voiced their concerns through various
media, but the government stood firm on their interpretations of the Treaty
which, as previously mentioned, allow for American APM storage, transfer and
transit to/on Norwegian national territory. The understanding between American
Secretary of State Madeleine Albright and Norwegian Minister of Foreign Affairs
Knut Vollebæk at the time of the Norwegian ratification was that nothing
would happen with the American military stocks for a period of 4 years, starting
from the entry into force of the treaty. (This time frame is a reflection of the
provision in the Treaty allowing for four years from entry into force of the
Treaty – which would be 1 March 2003 – for destruction of existing
stockpiles of APMs). In a letter to Secretary Albright, Minister Vollebæk
wrote that the United States can transport mines in and out of the storage areas
during this period and that Norway will not oppose transit of American mines
across Norwegian territory during military operations. Furthermore, Norway will
not report on American APMs on Norwegian territory in this
period.[31] A permanent solution
to the issue of American stocks will have to be finalized no later than year
2003, when American APMs must be gone from Norway. At the present this issue is
not being widely discussed in the Ministry of Foreign Affairs or the Ministry of
Defense.[32]
The actual number of APMs to be retained for training purposes in Norwegian
military stocks is unknown, but currently there are less than ten APMs in
Norwegian stockpile. This number will change over time, as APMs will be imported
by the Norwegian Defense Ministry for training purposes. These APMs are for the
most part used by the Engineer Regiment for training of demining personnel and
dogs and for personnel going abroad on missions. The training APMs are not yet
stored in the specific places that are designated for this purpose, but will be
located in two military depots, one in the south and one in the north of Norway.
These two depots will be available for inspection by anyone who wishes to apply
for entrance. Other military storage facilities in Norway are only available for
inspection by Norwegian citizens with special
permission.[33]
Use
During World War II, the Germans used mines in
Norway, especially in the north, but there is no evidence that Norwegian forces
used mines in any structured way during that time. There is no evidence or
allegations of any other use of APMs in
Norway.[34] Norway does not
have a landmine problem in terms of mine affected areas that can be a hazard to
the civilian population.
Norway reserves the right to use command-detonated mines, which are being
altered to ensure that they can be used in command-detonation mode only.
Tripwires are removed from all mines, while anti-handling systems for ATMs are
used.[35]
Mine Action Funding
In a statement to the United Nations by a
Norwegian official in 1998, it was noted that “For more than ten years
Norway has been active in mine action activities around the world – both
through the UN system and through bilateral programs involving NGOs like
Norwegian People’s
Aid.”[36] This
humanitarian engagement has been supplemented further in the aftermath of the
Treaty signing conference in Ottawa. Norway committed to contributing US$120
million over a five-year period to mine action
activities.[37] This commitment
emphasizes the importance of the humanitarian aspect of the landmine discussion,
and is a strong statement of Norway’s the commitment to this issue.
Further signals are given in the careful prioritizing on the use of the funds:
MFA is trying to channel funds to countries that have serious landmine-problems
and at the same time are signatories of the treaty.
[38]
In 1998, the Ministry of Foreign Affairs allocated funds for mine action and
other mine related activities to various UN offices and programs, WHO, the NATO
SFOR mine clearance program, Norwegian Red Cross (which channels money to the
ICRC), Norwegian People's Aid (NPA), Organization of American States, and a
large number of other actors that received funds in support of landmine-related
conferences and seminars in Norway and abroad. In October 1997, Norway donated
US$200,000 to the ICBL and its Landmine Monitor initiative.
Overview Of Funds Allocated By The Ministry Of Foreign Affairs To Mine
Related Activities, 1994-1998. (in NOK)
1994
1995
1996
1997
1998
Mine Clearance & Surveys
28,860,225
48,664,923
66,906,824
46,433,676
93,045,904
Mine Awareness
708,814
1,896,700
8,477,159
21,837,373
8,789,199
Survivor Assistance
1,008,720
222,243
9,261,220
46,911,743
Conferences & Information
150,000
722,325
61,665
5,908,296
7,184,209
TOTAL
29,719,039
52,292,668
75,667,891
84,427,511
155,931,056
Source: Norwegian Ministry of Foreign Affairs. “Project list, mine
related activities 1994-1998.”
In addition, the Norwegian Agency for Development Cooperation (NORAD)
provides a smaller amount of funds to mine action activities. The NORAD funds
have been channeled through Norwegian People’s Aid, Handicap International
and UNDP. Activities include mine clearance, victim assistance and mine
awareness programs.
Overview Of Funds Allocated By Norad To Mine-Related Activities In The
Time Period 1994-1997 (in NOK million)
Neither MFA or NORAD have any statistics that identify the specific
breakdowns of how money is spent in Norway and abroad of the funds allocated to
humanitarian demining. However, for example, when NPA receives funds for
projects implemented abroad, the organization usually receives a small amount
for administration costs. There is not a separate office in MFA that deals with
landmine issues. This means that the funds that are spent on administration
domestically remain small.[40]
It must be pointed out that MFA can do this because it is not directly involved
in project work, but instead channels money through nongovernmental
organizations, international organizations and multilateral institutions like
the UN.
Norwegian People’s Aid (NPA), as the largest Norwegian organization
working with mine action, also receives funds for its activities from foreign
sources. These include USAID, SIDA, the Dutch Ministry of Foreign Affairs,
Austcare, DANIDA, Statoil and
WFP.[41]
It is very difficult to calculate in-kind contributions to humanitarian mine
action. Neither MFA nor NORAD has any statistics that identify the proportion of
in-kind contributions in their assistance.
Mine Clearance
Norway is not considered a mine and UXO affected
area. From time to time mines and explosives from World War II are discovered,
but this does not represent a great danger to civilians.
As noted in the above section, Norway is a leader in providing support for
mine clearance activities in mine-affected countries. The largest NGO
humanitarian mine clearance organization in the world, NPA, is supported by the
Norwegian government, among others, and carries out mine action programs in
various regions of the world.
Mine Awareness Education
There is no need for mine awareness education
programs aimed at Norwegians in Norway, as Norway does not have a mine problem.
However, Norway sends both civil and military personnel on missions to
mine-infested areas, and they need to be trained in mine awareness. This mine
awareness education is carried out by the Engineer School, and they have had
courses for a variety of groups, including personnel serving for UNIFIL, NORBN,
SFOR Bosnia, Macedonia UNPREDEP and CIV POL UN, as well as UN
observers.[42]
Norway has a refugee population from all over the world, many of whom wish to
return to their home countries, some of which have severe landmine-problems.
There is a need for mine awareness education among these refugees to prepare
them to return to their home countries. Returnees often face a more difficult
situation than the people that stayed during a conflict where landmines were
used because they simply do not have any knowledge about where mines were laid,
and which areas are safe.
Recognizing this concern, Norwegian People’s Aid in 1996 established a
mine awareness project for Bosnian refugees in Norway. To date, this project
has reached out to most Bosnian refugees living in Norway (11,370 people) with
information about the landmine problem in their home country and with mine
awareness education. The project has also reached refugees living in Sweden.
Mine awareness lectures are the main element of the educational program, but the
project has produced a detailed mine awareness brochure in Bosnian, a
teacher’s manual in mine awareness education for Bosnian teachers in
Norway and elsewhere, and the plan is to produce a mine awareness instruction
film in 1999. In addition, mine awareness articles have been published in the
exile-newspaper “Bosanska Posta,” and mine awareness programs have
been made for Bosnian radio programs in Norway, reaching Oslo and 12 other
municipalities. The project was funded in 1998 with NOK 528,000 from the
Department of Immigration.[43]
[1]Norwegian Ministry of
Foreign Affairs. “Project list, mine related activities
1994-1998.”
[2]Interview with official at
the Norwegian Ministry of Foreign Affairs (MFA), Oslo, 22 December 1998.
[3]Question in Parliament
from Parliamentary Representative Marit Arnstad (Center Party) to Minister of
Foreign Affairs Bjørn Tore Godal (Labour Party), 1 February 1995,
www.stortinget.no/spti, 15 March 1999.
[4]Minister of Foreign
Affairs Bjørn Tore Godal, ”Kampen mot de fæle minene”,
Dagbladet, 22 April 1996. (Statement in the daily newspaper
Dagbladet.)
[5]Kristian Berg Harpviken,
”Norges minekrav er utilstrekkelig”, Dagbladet, 29 April 1996.
(Statement in response to Minister Godal in the daily newspaper
Dagbladet.)
[6]Telephone interview and
written comments, official at MFA, January 1999.
[7]Beslutning I Odelsting nr.
77 (1997-98), Lov om gjennomføring av Konvensjonen on forbud mot bruk,
lagring, produksjon og overføring av antipersonellminer og om
ødeleggelse av slike miner, § 5. (Law on the implementation of the
Convention on the Prohibition of the Use, Stockpiling, Production and Transfer
of Anti-Personnel Mines and On their Destruction, § 5.)
[8]“Odelstingsproposisjon
nr. 72 (1997-98), Om lov om gjennomføring av Konvensjonene on forbud mot
bruk, lagring, produksjon of overføring av antipersonnelminer og om
ødeleggelse av slike miner (Parliamentary Bill no. 72, About the law on
the implementation of the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and On their
Destruction),” p.10.
[9]Telephone interview with
official at the Norwegian Ministry of Defense (MoD), 20 January 1999; telephone
interview with official at MFA, January 1999.
[10]Telephone interview and
written comments with official at MFA, January 1999.
[12]LM Researcher telephone
interview with official at MoD, 27 January 1999; interview with official at the
Norwegian Defense High Command, Oslo, 22 January 1999.
[13]Human Rights Watch,
“Exposing the Source: U.S. Companies and the Production of Antipersonnel
Mines,” (New York: Human Rights Watch).
[14]LM Researcher interview
with official at the High Command, Oslo, 22 January 1999.
[15]Nils-Inge Kruhaug,
”Norges store minebløff”, Dagbladet, 28 August
1997.
[16]LM Researcher interview
with official at the High Command, Oslo, 22 January 1999.
[17]Nils-Inge Kruhaug,
”Stortinget ført bak lyset”, Dagbladet, 29 August 1997.
(Article in the daily newspaper Dagbladet.)
[19]LM Researcher telephone
interview with official at the High Command, 12 March 1999.
[20]LM Researcher telephone
interviews with official at MoD, 20 January and 27 January 1999.
[21]International Campaign to
Ban Landmines, Statement to the Closing Plenary of the Oslo Diplomatic
Conference on a Treaty to Ban Antipersonnel Landmines, 18 September 1997.
[22]LM Researcher telephone
interview with official at MoD, 20 January 1999.
[23]LM Researcher Telephone
interview with official at MoD, 27 January 1999; interview with official at the
High Command, Oslo, 22 January 1999.
[24]LM Researcher interview
with official at the High Command, Oslo, 22 January 1999.
[25]Odelstingsproposisjon no.
72 (1997-1998), p. 3-4. (Parliamentary Bill no. 72.)
[26]For more information, see
Olav Riste, ”Isolasjonisme og Stormaktsgarantiar: Norsk Tryggingspolitikk
1905 –1990”, Forsvarsstudier 3/1991.
[27]LM Researcher interview
with official at the High Command, Oslo, 22 January 1999.
[28]LM Researcher telephone
interveiw with official at the High Command, 27 January 1999.
[29]LM Researcher telephone
interview with official at MoD, 20 and 27 January 1999.
[30]Nils-Inge Kruhaug,
”Her er USAs minelagre”, Dagbladet, 13 September 1997.
[31]Letter from Norwegian
Minister of Foreign Affairs Vollebæk to United States Secretary of State
Albright, 20 May 1998.
[32]LM Researcher telephone
interview with official at MoD, 20 January 1999; Interview with official at MFA,
22 December 1998.
[33]LM Researcher telephone
interviews with official at the High Command, 27 January and 12 March 1999.
[34]LM Researcher telephone
interview with official at the High Command., 12 March 1999.
[35]LM Researcher interview
with offical at the High Command, Oslo, 22 January 1999.
[36]Janne Haaland Matlary.
Statement to the United Nations, New York, 17 November 1998.
[37]Letter from Minister of
Foreign Affairs Vollebæk to Norwegian People’s Aid, Oslo, 6 July
1998.
[38]LM Researcher interview
with official at MFA, Oslo, 22 December 1998.
[39]NORAD. “Assistance
to mine clearance and mine related projects in the years 1994-97 via
NORAD.”
[40]LM Researcher telephone
interview and written comments with official at MFA, January 1999.
[41]Handicap International,
Mines Advisory Group and Norwegian People’s Aid, “Portfolio of
Mine-related Projects 1998.”
[42]LM Researcher interview
with official at the High Command, Oslo, 22 January 1999
[43]LM Researcher interview
with Emil Jeremic, Norwegian People’s Aid, Oslo, 15 December 1998.
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