Key developments
since March 1999: Argentina ratified the Mine Ban Treaty on 21 July 1999 and
it entered into force on 1 March 2000. A Working Group composed of
representatives of the Ministry of Defense and the armed forces has been created
to oversee implementation.
Mine Ban Policy
Argentina signed the Mine Ban Treaty on 4 December
1997. Argentina’s Congress approved the treaty on 23 June 1999 under Law
25.112, promulgated it on 15 July 1999 and published it in the Official Bulletin
(number 29.191) on 21 July 1999. Argentina deposited its instrument of
ratification at the United Nations on 14 September 1999. The Mine Ban Treaty
entered into force for Argentina on 1 March 2000.
Then-President Carlos Saúl Menem submitted an interpretative statement
on the Malvinas/Falklands to Congress at the same time as the ratification
instrument, which was accepted without amendment. The statement says,
“Argentina manifests that its territory in the Malvinas Islands is
mine-affected, a fact which was communicated to the UN General Assembly in
resolutions 48/7, 49/215, 50/82, and 51/149.... Argentina is impeded access to
AP mines in the Malvinas in order to comply with the Mine Ban Treaty because of
the illegal occupation by the United
Kingdom.”[1]
Argentina has not enacted domestic implementation legislation regarding the
treaty. Law 25.112 does not contain provisions on violations and
punishments.
Argentina’s Article 7 transparency report is due on 27 August 2000 and
according to the Ministry of Foreign Affairs, it is being
prepared.[2] On 1 March 2000,
Nobel Peace Laureate Adolfo Pérez Esquivel, President of El Servicio Paz
y Justicia, SERPAJ (Peace and Justice Services) sent a letter to
Argentina’s Minister of Foreign Affairs Adalberto Rodríguez
Giavarini asking “whether the Argentinian government is preparing the
report,” and requesting a copy of
it.[3]
A Working Group on the treaty has been created (by resolution MD 169/00),
made up of representatives of the Policy Directorate of the Ministry of Defense,
the Army, the Navy and the Institute of Scientific and Technical Research of the
Armed Forces (CITEFA). The Working Group is responsible for implementing treaty
requirements, including Argentina’s Article 7 report, and is also mandated
“to strengthen Argentina’s contribution to humanitarian
demining.”[4]
Argentina voted in favor of UN General Assembly Resolution 54/54B supporting
the Mine Ban Treaty in December 1999, and has supported relevant UNGA
resolutions in previous years. Argentine Permanent Representative to the United
Nations, Minister Ana María Ramírez, noted at the UN General
Assembly 54th session that “our country considers this legal instrument of
fundamental value towards strengthening the principles of international
humanitarian law.”[5]
Argentina participated in the First Meeting of State Parties held in Maputo
in May 1999. Minister Pedro Villagra Delgado, Director of International Safety,
Nuclear and Space Affairs Division of the Ministry of Foreign Affairs made a
statement in support of the treaty, and noted, “We mustn’t drop our
guard in the belief that the work is done. The international community must now
redouble its efforts to achieve an effective and universal application of [the
Mine Ban Treaty] principles and
goals.”[6]
Argentina has participated in all of the intersessional meetings of the
treaty in Geneva.
Argentina is a state party to the Convention on Conventional Weapons and
ratified Amended Protocol II on landmines on 21 October 1998. It participated
in the December 1999 First Annual Conference of States Parties to Amended
Protocol II and made a statement to the plenary. Argentina submitted its
Article 13 annual transparency report on 12 December 1999. According to the
Ministry of Foreign Affairs, an interpretative statement was made by the
Argentinian delegation dealing with the Malvinas
issue.[7] Argentina is a member
of the Conference on Disarmament and has supported the unsuccessful attempts to
address an antipersonnel mine transfer ban in that forum.
Production, Transfer, Use
Argentina is a former producer and exporter of
antipersonnel mines. In the past, it manufactured three types of antipersonnel
mines: the FMK-1 plastic blast mine, the MAPG pressure or trip-wire initiated
mine, and the MAPPG bounding
mine.[8] Production took place
at the Dirección General de Fabricaciones Militares of the Ministry of
Defense. Officials have declined to provide information on decommissioning or
conversion of production
facilities.[9]
Argentina adopted a five-year moratorium on the export, sale or transfer of
antipersonnel mines on 27 March 1995. The moratorium has now been superceded by
Argentina’s Mine Ban Treaty
obligations.[10] Based on mines
found in the Falklands/Malvinas, it appears that Argentina imported
antipersonnel mines from Israel (Number 4), Italy (SB-33) and Spain
(P4B).[11]
It is not known if Argentina has used antipersonnel mines aside from the
Falklands/Malvinas. During the confrontation between Argentina and Chile in
1978, which nearly led to war, Chile laid a large number of mines along its
borders with Argentina, but it is not certain whether Argentina also used mines.
Argentinian officials have repeatedly stated that Chile is solely responsible
for the mined border areas. But, in July 1999 Congressmen Alfredo Bravo and
Jorge Rivas made an official request for information on the number and location
of antipersonnel landmines possibly planted by the Argentine Army along its
border during the 1978 crisis. They have not received a
response.[12]
Stockpiling
The Ministry of Defense did not provide information
on the size and composition of Argentina’s stockpiles or stockpile
destruction plans to Landmine Monitor, stating that it is collecting this
information for Argentina’s Article 7
report.[13] An official at the
Directorate of Military Affairs of the Ministry of Defense stated that the
government is not obligated to provide information to NGOs prior to the release
of its Article 7 report.[14]
Information on stockpiles is not included in Argentina’s Article 13 Annual
Report to CCW Amended Protocol II.
Landmine Problem
The Argentinian Foreign Ministry has said that the
only part of its territory that is mine-affected is the Malvinas
Islands.[15] The government
maintains that mined areas along its sizeable border with Chile are only on the
Chilean side. Nevertheless officials at the National Congress note that these
mined areas might threaten the safety of Argentine peasants and indigenous
peoples who cross back and forth on unmarked mine-affected border
areas.[16]
According to a newspaper report, up to 14 border areas, mostly mountain
passes between the two countries, are mine-affected, and not all of these passes
are marked. The report indicates that there are minefields near the Aguas
Calientes pass, close to Catamarca province, and in the southern border region,
north of the Chilean city of Punta
Arenas.[17]
Another newspaper report states that in the province of Jujuy there are mined
areas southeast of the Licancabur volcano, close to the Jama pass; also, in
Salta province, there are eight mine-affected areas around the Llullailaco
volcano, in the Huaytiquina pass and around the Socompa pass. Chilean
authorities only acknowledge four of these areas are
mined.[18]
In August 1999 journalists covering a story of the recovery of three Incan
infant mummies from the summit of Llullailaco volcano were warned by local
peasants from the village of Tolar Grande to stay away from the salt fields of
Mina La Julia and Mina La Casualidad, in Argentinian territory, because they
were “full of
landmines.”[19] Argentine
authorities opened a file on the case, but still claim that the only
mined-affected territory is the Malvinas Islands.
Mine Clearance
In April 1999, the Ministers of Defense and Foreign
Affairs of Argentina and Chile met in Zapallar, Chile, to discuss their common
landmine problem. The Ministers stressed their intent to obtain needed
resources in order to initiate mine clearance, and discussed the costs involved
as well as the possibility of contracting private companies for the
task.[20]
The Argentine Ambassador to the Organization of America States stated that
the presence of antipersonnel mines in the Andean highlands between the two
countries is Chile’s responsibility, but stressed that Argentina would
cooperate in clearance.[21]
On 28 June 1999 Governor Juan Carlos Romero of Salta, noting that he had been
updated on bilateral discussions regarding mine clearance by the OAS ambassador,
said he would consider filing a claim at the international level if an agreement
on mine clearance along the border was not achieved by the two
countries.[22] In his response
to Governor Romero, Chile’s Ambassador to Argentina, Florencio
Guzmán Correa is quoted as saying, “The Chilean government has
expressed its political will to initiate mine clearance in areas close to the
Argentine border.... The Chilean government will do so as soon as it has the
financial resources needed to do the
task.”[23]
The Argentinian and Chilean governments held talks on mine clearance during
then President Menem’s visit to Santiago in August 1999. The Argentine
military offered the assistance of the CAECOPAZ, the Center for Joint Training
for Peace Operations of Campo de Mayo, but it was rejected by their Chilean
colleagues.[24] Nonetheless,
plans are being developed for the mine clearance activities in the south, in
particular out in Cabo del Hornos Island in the Wollaston Archipelago.
At the 34th Conference of American Armies, held in November 1999 in the
Bolivian capital La Paz, General Ricardo Izurieta, the Commander in Chief of the
Chilean Army, announced that Chile would clear its minefields along the borders
with Argentina, Perú, Bolivia, and
Argentina.[25] General Izurieta
said, “In the briefest timeframe we’ll clear minefields along the
borders with Bolivia, Perú and Argentina – within the year –
as a demonstration of our concrete and frank intention to strengthen ties with
all our neighbours and in particular with the Bolivian
Army.”[26]
Mine Action
Argentina has not provided financial assistance,
but has actively participated in international mine action programs, notably in
Central American, Angola,[27]
and Kuwait.[28] Armed Forces
personnel have been involved in mine clearance operations in Central America
since 1993. According to Argentina’s Article 13 report to Amended
Protocol II of the CCW, in 1999 Argentine personnel working in the OAS program,
through the Interamerican Defense Board, participated in the destruction of
5,000 mines in Nicaragua.[29]
In 1999 Argentina participated once more in demining activities in Central
America (Nicaragua, Guatemala, Honduras and Costa Rica) under the
OAS.[30] Argentina’s
participation in the regional program ended on 24 January 2000, when the last
four Argentine military mine clearance instructors returned to Argentina because
of budgetary constraints.[31]
The government is said to be evaluating the renewal of its assistance to mine
clearance in Central
America.[32]
Argentina states that it has offered to contribute to demining efforts along
the Peru-Ecuador border under the MOMEP
mission.[33] The Ministry of
Defense has offered the services of a military expert, three instructors, and
mobile training equipment for mine clearance operations in
Kosovo.[34]
The Argentine Army’s Centre for Training in Humanitarian Demining has
provided instruction to both national and foreign army
personnel.[35] Moreover, the
Argentine Training Centre for Peace Operationos (CAECOPAZ) provides semi-annual
courses on demining and humanitarian assistance. CAECOPAZ works exclusively in
peacekeeping operations.[36]
According to the Ministry of Defense, the Institute of Scientific and
Technical Research of the Armed Forces (CITEFA) has the capacity for research
and development of mine-detection technology using thermal
imaging.[37]
[1] Landmine Monitor has a copy of the
interpretative statement. See also, Response by Ministry of Foreign Affairs to
Landmine Monitor questionnaire, 30 March
2000. [2] Interviews with Secretary
Santiago Villalba, Director of International Safety, Nuclear and Space Affairs
Division, Ministry of Foreign Affairs, in February and May
2000. [3] Landmine Monitor has a copy of
the letter by Adolfo Pérez
Esquivel. [4] Response by the Ministry
of Defense to Landmine Monitor questionnaire, 8 May
2000. [5] Statement by Argentine
Permanent Representative to the UN Minister Ana María Ramírez to
the UN General Assembly 54th session, New York, 18 November
1999. [6] Statement by Minister Pedro
Villagra Delgado to the First Meeting of States Parties to the Mine Ban Treaty,
Maputo, 3 May 1999. [7] Response by
Ministry of Foreign Affairs to Landmine Monitor questionnaire, 30 March
2000. [8] U.S. Department of Defense,
“Mine Facts” CD Rom. [9]
Response by the Ministry of Defense to Landmine Monitor questionnaire, 8 May
2000. [10] Landmine Monitor Report 1999
referred to a scandal surrounding alleged sale of AP mines to Croatia in early
1995 despite the UN arms embargo. In early 1999, the former Ministers of
Defense and Foreign Affairs and the former Army Commander-in-Chief were formally
charged in the case. “New evidence of weapons sale,” El
Clarín, 3 January 1999. [11] See
Landmine Monitor 2000 country report on United
Kingdom. [12] Interview with Osvaldo
Gazzola, Advisor, Office of Congressmen Alfredo Bravo and Jorge Rivas, 14
February 2000. [13] Response by the
Ministry of Defense to Landmine Monitor questionnaire, 8 May
2000. [14] Interview with Alejandra
Martín, Advisor, Directorate of Military Affairs of the Ministry of
Defense, 28 February 2000. [15] Landmine
Monitor correspondence with the Ministry of Foreign Affairs, 27 January
1999. [16] Interview with Osvaldo
Gazzola, Advisor, Office of Congressmen Alfredo Bravo and Jorge Rivas, 14
February 2000. [17] Juan Castro Olivera,
“Chile keeps 14 mine fields along frontier areas,” La Nacion, 2 July
1999. [18] Antonio Oieni, “One
million antipersonnel mines still buried in the highlands,” El Tribuno
(Salta newspaper), 16 August 1999. [19]
Ibid. [20] “Integration measures
agreed,” Clarín (Buenos Aires newspaper), 19 May
1999. [21] Antonio Oieni, “Chile
is responsible for clearance of antipersonnel mines in the Andes,” El
Tribuno. [22] Statement made by Governor
Juan Carlos Romero to Reuters on 28June 1999 and published in “The
Province analyzes a Judiciary Claim,” El Tribuno, 29 Tuesday
1999. [23] “Chile ratified its
decision of demining the the Cordillera,” El Tribuno, 13 October
1999. [24] “Chilean military put a
halt to demining program,” Clarín, 17 August
1999. [25] José Higuera,
“Desminado fronterizo: La atrevida promesa de Izurieta,” El
Metropolitano (Santiago), 20 November
1999. [26] “Izurieta
anunció retiro de minas antipersonales en zones fronterizas,” La
Segunda (Santiago), 18 November 1999. “Chile announces the demining of its
borders,” Agence France Presse (La Paz), 18 November
1999. [27] A group of twelve Argentine
military personnel, volunteers with the White Helmet Corps, participated in mine
clearance operations in the area of Malange between June 1997 and June 1998.
“Risky Argentine Mission in Angola” La Nación, 19 April
1999. [28] An Army Engineers Unit
participated in Kuwait under the UNIKOM mission. See Argentina’s Article
13 report to CCW Amended Protocol II, Form E, 15 November
1999. [29] Argentina’s Article 13
report to Amended Protocol II, Form E, 15 November 1999. See also statement by
Argentine Permanent Representative to the UN Minister Ana María
Ramírez to the UN General Assembly, New York, 18 November
1999. [30] Alberto Armendáriz,
“Argentina collaborates with the removal of landmines in Nicaragua,”
La Nación, 18 April 1999. See also statement by Minister Ana
María Ramírez to the UN General Assembly, 18 November
1999. [31] Email from Juan Luís
Hurtado, military member of the mission in Central America, March 2000.
Interview with Alejandra Martín, Advisor to the Secretary of Military
Affairs, Guillermo Tello, Ministry of Defense, Buenos Aires, March
2000. [32] Interview with Alejandra
Martín, Ministry of Defense, Buenos Aires, March
2000. [33] Argentina’s Article 13
report to the Amended Protocol II CCW, Form E, 15 November
1999. [34]
Ibid. [35] Argentina’s Article 13
report to the Amended Protocol II CCW, Form F, 15 November 1999. See also
statement by Minister Ana María Ramírez to the UN General
Assembly, 18 November 1999. [36]
Response by the Ministry of Defense to Landmine Monitor questionnaire, 8 May
2000. [37] Ibid.