Switzerland signed the
Mine Ban Treaty on 3 December 1997. In signing for the Swiss Confederation,
President Flavio Cotti emphasized three key points during his speech to the
Conference: “The first point is the need to obtain universal acceptance
of the agreement?.The second area we need to address is implementation of the
agreement?.All nations must work together to help those faced with the enormous
task of mine clearing and above all helping the victims?.It is crucially
important - and this is my third key point - that this ban is not merely
circumvented in the future by the deployment of other weapons with comparable
effects of the development of new
technologies.”[1]
Switzerland ratified the Mine Ban Treaty on 24 March 1998 and deposited its
instrument of ratification in New York the same day. The Treaty was ratified
within 3 months, even though ratification procedures in Switzerland usually last
for several years. Switzerland, under Article 18, committed itself to
immediately abide by Article 1 of the Convention until the Mine Ban Treaty comes
into effect.
Switzerland has not always been in the front line of the battle against
mines. In May 1996, during the final session of the CCW review conference in
Geneva, it supported language regarding the continued use of “smart”
mines and long transition periods before new restrictions take effect. Yet not
long after, government policy changed and Switzerland became firmly committed
to the Ottawa process. This political change was due in large part to the
pressure generated by public opinion against these weapons which grew as a
result of the strongly critical campaign led by the Swiss Campaign to Ban
Landmines (SCBL) and that pursued by the ICRC whose headquarters are in Geneva.
These efforts helped convince the Swiss Parliament to pass legislation in favor
of a total ban on 6 December 1996, making it the third country in the world to
enact a domestic ban. Switzerland joined the leading group of countries
fighting against mines.
The Swiss law is not just specific to APMs, but a broader law concerning war
materiel. The section specific to antipersonnel mines forbids the development,
manufacture, procurement as an intermediary, acquiring, passing on to any
person, importing, exporting, transporting, storing or possessing antipersonnel
mines. Its definition includes devices both designed or adapted to
function as APMs, therefore the Swiss prohibition is broader than the Mine Ban
Treaty. Initially, this was not the case. Despite strong criticism from the
SCBL, the first definition of APMs contained in the law included the word
“primarily.”[2]
But, in order to coincide with the definition in the Mine Ban Treaty, a motion
to modify the law was passed in the Parliament on 4 March 1998, and the word
“primarily” was removed from the
definition.[3]
The Swiss law does not encompass antivehicle mines with anti-handling
devices, even when such devices cause them to function as APMs when an
individual unintentionally disturbs them. The diplomatic record of the MBT
negotiations indicates that such weapons would be prohibited under the
Treaty.[4] The Swiss Campaign
is pressing the government to modify the national law without delay in order to
have it coincide with the diplomatic understanding concerning antivehicle mines
with anti-handling devices.
Switzerland was an active member of the core group of governments that led
the Ottawa Process and took responsibility for developing and promoting the
treaty. During the negotiations of the treaty, the Swiss delegation proposed
that the number of ratifications for the Mine Ban Treaty to enter into force
should be reduced to 20 countries. This proposal was introduced in order to
counterbalance a proposal by other countries who wanted this critical number to
be 60. Of course, the number of ratifications necessary for entry into force
was ultimately decided as 40. One rather curious point is that the SCBL was
able to get the government to raise the issue of antivehicle mines with
antihandling devices as a concern vis-a-vis the MBT, only to have Switzerland
not deal with the problem in its domestic law.
Switzerland has already begun to draw up the report for the UN General
Secretary as required by the MBT. The government intends to hand it over
officially and make it public during the Maputo Conference in Mozambique, some
four months before it is required under the Treaty. Until then, the Swiss
authorities have been reluctant to release data for the Landmine Monitor, in the
belief that the Treaty’s trustee ought to be the first to receive the
information. After several negotiating sessions with the Swiss Campaign, some
information has been provided, which is included in this
report.[5]
Switzerland ratified and deposited amended Protocol II of the CCW on 24
March 1998.
During the Ottawa process, Switzerland opposed dealing with the mines
question within the Conference on Disarmament in order to avoid the risks both
of undermining the Mine Ban Treaty and that action in the CD would allow
governments to not support the Ottawa Process in favor of a less restrictive
regime.. Switzerland opposes tackling the subject of a transfer ban within the
CD if the definition is not the same as that of the Ottawa Treaty.
Production
In the past, Switzerland produced antipersonnel
mines as well as some components. From 1967 to 1969, stake mines and Type 64
bounding mines were produced at a government-controlled facility. The
quantities, costs and technical characteristics of these mines are
unknown.[6] Switzerland also
produced detonators for antipersonnel mines, for antitank mines and for sea
mines, however it has been impossible to gather information about them. An
answer made to a member of parliament by the Federal Council on 16 June 1993
stated, “Two firms produce detonators for mines in the field of artillery.
One of them manufactures detonators for armor mines, and the other for floating
mines.” In the 1980s two firms, Dixi and Relhor, manufactured
micro-engineering and micro-electronic devices for antipersonnel mines. Relhor
produced delayed action
devices.[7]
Switzerland was involved in the transit of explosives between Bofors in
Sweden and Valsella in Italy through a Swiss office based in Geneva, Cofitec and
Casalee AG in Zürich.6 The Geneva-based firm Tavaro, S.A. manufactured
self-neutralizing and self-destruction mechanisms for antipersonnel mines
[8] In 1996, the Dixi was
offering self-destruction devices for mines. For years, the company Ems-Patvag,
belonging to a Swiss member of parliament Christoph Blocher, has manufactured
detonators. His group is also in control of another firm which produces
explosives in Döttikon, Switzerland.
With the Swiss law, all production of mines and mine components has ceased.
Switzerland does not produce Claymore mines. With the end of production, there
was no conversion program concerning production activities. These sectors just
closed, because the production was not very important.
Regarding components, Switzerland does not produce any component devised to
be part of antipersonnel mines; manufacturing for this is expressly forbidden
by the Swiss law. The law specifies that such activity would be punished by
imprisonment for a maximum of ten years if an individual intentionally: a)
develops, manufactures, procures as an intermediary, acquires, passes on to any
person, imports, exports, transports, stores or possesses antipersonnel mines,
b) incites another person to commit any of the acts mentioned under paragraph
a); or c) aids or abets the execution of any of the acts mentioned under
paragraph a). Thus the manufacturing of components comes within the provisions
of paragraphs b and c.
Switzerland neither produces nor does research into developing munitions that
might have the same effects as antipersonnel mines. Research is being carried
out in electronic closed-circuit devices as a possible alternative to
antipersonnel mines.[9] Finally
Switzerland did not license production of mines in other countries, nor transfer
production technology to another country. The Swiss law provides for severe
sanctions in case of infringement of the law: imprisonment for a maximum of ten
years and a maximum fine of five million francs may be imposed. The law has no
specific verification mechanism, but the Swiss NGOs keep a watchful eye on
weapons manufacture and are ready to denounce publicly any infringement of the
law.
Transfer
On 11 May 1994 Switzerland announced a moratorium
on the export of mines and components to non-signatories of Protocol II of the
CCW. This moratorium was superseded by the December 1996 ban. Switzerland is not
likely to have exported antipersonnel mines. On the other hand for several
years, detonators and explosives were exported. In Switzerland export
authorization is not required to export explosives.
Regarding imports, in 1958-59, Bofors sold AP mines to Switzerland. They were
delivered until 1964. In 1964 and 1965 Switzerland imported Type 63 bounding
mines from Germany.[10] The
amounts and the costs are unknown. In 1970 Switzerland purchased 12 Claymores
(M18A1) from the United States. This purchase was to test the reliability and
efficiency of the mine. These mines were destroyed.
In 1992, Switzerland transferred bounding mines (type 64) to Austria to
Sudsteirische Metallindustrie Gmbh (SMI) for destruction. These mines had become
old and obsolete.[11] In 1993
Switzerland transferred 88,376 Type 49 antitank mines for destruction to this
company.
Finally concerning transit, Swiss law forbids the transit of any mines
through its territory, including those for any peackeeping operations or the
UN. In 1996 and on demand of the Swiss government, the first law permitted
this kind of transit but, further to an amendment introduced by the Swiss CBL,
such exceptional authorizations were deleted from the law by a vote in the
Parliament. The policy is clear: no mine shall either exist on or pass through
Swiss territory.
Stockpiling
All stocks have been destroyed and no mines were
retained for training or any other purpose. Destruction of all APM stocks was
completed in December 1997.
The following mines were destroyed:
- Bounding mine, Type 63: the whole stock has been destroyed (numbers
unknown, military secret);
- Bounding mine, Type 64: the whole stock was destroyed in Austria (numbers
unknown, military secret);
- Antitank mine, Type 49: the entire stock of 88,376 mines was destroyed in
Austria.
- Type 59: the entire stock of three million mines was destroyed in
Switzerland over a period of 3 years. These mines were dismantled and their
explosive recycled. The 8 employees of a highly specialized firm achieved the
task.[12]
Costs of the destruction:
- Bouncing mines, Type 63, in 1993: US$1 million;
- Bouncing mines, Type 64, from 1992 to 1994: US$3.7 million;
- Type 49: (unknown cost); and
- Type 59, from 1994 to 1997: US$3.6 million.
There has been no independent verification of the destruction of these
stocks.
Switzerland retains Claymore mines whose name was changed after removal and
destruction of their tripwires (at the beginning of 1996). They are now called:
“charges dirigées 96 légères” (96 directional
fragmentation explosives) The number in stock is unknown. But, in 1991
Switzerland bought FFV 013 Claymore-type mines worth US$17 million from Bofors
in Sweden.[13]
The SCBL sought two expert lawyers’ advice on Claymores. According to
their specialist knowledge of the interpretation on the Swiss law, they consider
that the possession of Claymore mines, though altered, could be contrary to the
Swiss law concerning antipersonnel mines. Therefore the Swiss Campaign will
press this matter.
Swiss stocks also include antitank mines, Type 88 (A/T HPD F2 mines) from
Thomson Brandt Armament worth US$225 million. They were purchased between 1991
and 1994. All of them are fitted with an anti-handling device type
« senseur de mouvement ». (movement sensory
device).[14] Some of them (about
100,000 pieces) were assembled in Switzerland by the Firm Tavaro S.A. (Geneva)
and fitted with both self-neutralizing and antilift
devices.[15]
Use
Given the steady political situation and Swiss
neutrality, there is no risk of use of antipersonnel mines in Switzerland. APMs
have not been used in the past.
Mine Action
Various programs are being financed by the Swiss
government and by private organizations. Funds allocated by the Swiss
government from 1993 to 1997 include US$5.5 million for mine-clearance; $11
million for victim assistance; and $400,000 for mine awareness. The recipients
have been mostly ICRC and United Nations for programs in Afghanistan, Angola,
Cambodia, Mozambique and Bosnia. The sums allocated in 1998 by the Swiss
government are still unknown.
In December 1997 the Swiss government announced in Ottawa the creation of the
Geneva International Center for Humanitarian Demining. In 1998 the Swiss
government launched the Bern Manifesto, a joint project with WHO and UNICEF for
victims of violence and war.
From 1993 to 1996 the Swiss authorities, a private donor and the Foundation
Pro Victimis–Switzerland financed an individual research project on the
manufacturing of various bomb-disposal robots. Funding has ended and the project
was suspended.
The foundation Pro Victimis, in Geneva, has financed 6 humanitarian mine
clearance programs, between 1991 and 1999, for Cambodia (3), Haut-Karabakh (1)
and Abkhazia (2), for a total amount of $1,525,700. It also supported the
Geneva Center with a grant of US$800,000 in 1998.
Several NGOs support programs for mine victim assistance. The SCBL does not
have concrete data on all such programs but notes that projects in Afghanistan,
Chechnya, Mozambique, Rwanda and Cambodia are supported by the Swiss Protestant
Mutual Aid, the Swiss Foundation for Landmine Victims Aid, the Swiss
Organization for Workers Mutual Aid, the Swiss Afghanistan Friends Organization,
Insieme per la Pace, among others.
Founded in 1997, the Swiss Mine Clearance Federation carried out two mine
clearance programs in Sarajevo throughout 1998, clearing 67,800 sqm at a of
approximately $180,000.
In 1998 the Swiss Red Cross offered mine awareness programs to Bosnian
refugees in Switzerland during the war.
At the end of the 1980s, landmine victims from Afghanistan were treated, fit
with prosthesis and given rehabilitative training in Swiss University Hospitals.
These particular programs have been widened to include all victims, whether due
to war, violence or terrorism.
[1]F. Cotti, President of the
Swiss Confederation, Ottawa, 3 December 1997.
[2]“By antipersonnel
mines are meant explosive devices placed under, upon, or in proximity to the
ground or other surface, and primarily designed or adapted to explode
upon the presence or proximity of, or contact with a person, and intended to put
out of action, wound or kill one or more persons.” Swiss law, 6 December
1996.
[4]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.
[5]The Swiss Campaign would
like to thank the government for its cooperation with information for this
report.
[6]Manufacture de munitions
de Thoune, Switzerland.
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