Key developments
since March 1999: France completed destruction of its nearly 1.1 million
stockpiled antipersonnel mines in December 1999. France served as co-chair of
the SCE on Technologies for Mine Action. The national commission to monitor ban
treaty implementation became operational in June 1999. France contributed about
US$2.7 million to mine action programs in 1999, including donations to the
EU.
Mine Ban Policy
France signed the Mine Ban Treaty (MBT) on 3
December 1997 and ratified on 25 June 1998. Domestic implementation legislation
was enacted on 8 July 1998. Since then France has made rapid progress on
implementation of the MBT.
In a December 1999 letter, Prime Minister Lionel Jospin noted, “Since
the Convention’s ratification and the adoption of the national law, France
has defended the Mine Ban cause, victim assistance and mine clearance, in the
framework of international fora as well as in numerous bilateral contacts. It
seems to me that this determined diplomatic action has to remain the French
Government’s main contribution to the universalization of the Ottawa
Convention.”[1]
Toward that end, the government created the Commission Nationale pour
l’Elimination des Mines Anti-personnel (CNEMA, the National Commission for
the Elimination of Antipersonnel Mines). Its mission is to ensure monitoring
and enforcement of the MBT and of international actions by France to help
landmine victims and to aid in mine
clearance.[2] The Prime
Minister attended the first meeting in June 1999; there have been five meetings
since then. CNEMA is noteworthy for including nongovernmental organizations
such as Handicap International. CNEMA representatives have attended the ban
treaty intersessional Standing Committee of Experts (SCE) meetings as part of
the French delegation, and witnessed stockpile destruction. The CNEMA annual
report, due to be presented to the Prime Minister in July 2000, includes an
account of French implementation measures and also recommendations which have
been the result of discussions among different components of the CNEMA.
The government participated in the First Meeting of States Parties to the MBT
in May 1999, where it agreed to serve as co-chair of the newly established SCE
on Technologies for Mine Action. France has attended meetings of all the
Standing Committees of Experts. The Ministry of Defense made a presentation at
the Stockpile Destruction SCE on 22 May
2000.[3]
France submitted its first Article 7 report on 26August 1999,
covering the period 1 March 1999 to 31 July 1999. Some information was
considered unclear by the Observatoire des Transferts d’Armements that led
to discussion in the CNEMA. These questions were resolved in the second report,
submitted on 3 May 2000, covering the period 1 August 1999 to 31 March 2000.
France has taken other initiatives in favor of universalization and
implementation of the MBT. When French mine stockpiles were destroyed at the
end of 1999, the Ministry of Foreign Affairs sent a press release to all
embassies with the instruction to present this information to local authorities
and raise the landmine issue with
them.[4] In 1999 the ICBL
contacted all of the Francophonie Heads of States about universalisation and
implementation of the MBT. After the Francophonie summit, Jacques Chirac
informed Handicap International that “the issue had effectively been
debated among Heads of States and governments in Moncton.... The Action Plan we
adopted includes this commitment and the expression of our willingness to
contribute to the implementation of the provisions of this fundamental
text.”[5] A new
resolution was adopted during the Francophonie Parliamentary Assembly, which was
held in Yaounde in Cameroon in July 2000.
A few days before the first anniversary of the entry into force of the MBT on
1 March 2000, France confirmed its intention to organize, jointly with Canada, a
regional seminar in Africa to “promote universality and comprehensive
implementation of the Ottawa
Convention.”[6] It is
planned to take place in the beginning of 2001.
France ratified Amended Protocol II of the Convention on Conventional Weapons
on 4 March 1998, and attended the First Conference of States Parties to the
protocol in December 1999, having submitted its report as required under Article
13. France supports the European Union initiative to have an AP mine transfer
ban apply to countries which are not MBT signatories, but regrets the lack of
commitment by other States on this
issue.[7]
During the United Nations General Assembly in September 1999 France tried
unsuccessfully to propose a resolution supporting mine ban deliberations in all
relevant fora, including the Conference on Disarmament (CD). It was withdrawn
after strong opposition and, the government fully supported the UNGA resolution
54/54B in December 1999.
Production
A moratorium on AP mine production was announced
in September 1995, later superseded by the national legislation of 8 July 1998
implementing the MBT in
France.[8] Additionally, the
Ministry of Defense stated that the interministerial commission responsible for
war material export authorizations would refuse any request concerning
components which could be used in the production of AP
mines.[9]
Companies which were previously involved in this industry are still not
transparent on what has happened to AP mine-production facilities. In a letter
responding to the President of the CNEMA, SAE Alsetex stated that since 1995 it
has converted its former production facilities, has not produced AP mines since
1982, and never licensed production of either AP mines or their components.
Surprisingly, Giat Industries stated that it has never developed, produced nor
sold any AP mines, components or disseminating system, does not possess AP
mine-production facilities, and has not licensed production of AP mines or their
components.[10] Yet Giat has
long been identified as one of the two major landmine producers in France, after
the company bought Poudres Réunies de Belgique in
1990.[11]
Presented with inquiries regarding some French antivehicle mines with
antihandling devices that may function as AP mines, and if so, would therefore
be banned by the MBT,[12] the
Ministry of Defense responded as indicated in the list
below.[13] Further
investigations of mines stated as “currently stockpiled” will be
carried out by NGOs.
1. Mines that, according the Ministry of Defense, have been studied but
never produced:
ACPM (contains secondary fuze wells for antihandling device)
HPD (seismic sensor and magnetic influence fuze),
M AZ AC Wide Area Mine (acoustic sensors),
MI AC PM E (pressure plate, unknown sensitivity)
MI AC DISP (unknown antihandling capability),
MITRAL (item in development, unknown sensitivity of pressure
fuze)
2. Mines that are currently stockpiled, according to the
Ministry of Defense:
HPD F 2 (inherent anti-disturbance features)
MIACAH F1 (break wire fuze)
MI AC Disp F1 (magnetic influence fuze)
3. Mines that have been
destroyed, according to the Ministry of Defense:
MI AC M CC MLE 56 (also designated Model 1956, tilt rod fuze)
Model 48/55 (can be used with M1954 tilt rod fuze)
Type 1954 (tilt rod fuze)
Model 1947 (provisions for one or two booby trap fuzes)
Model 1948 (Model 1952 Pressure/Pressure Release fuze provides an
anti-withdrawal feature)
Model 1948 T (including tilt rod variant)
Model 1951 -- including all metallic, nonmetallic, tilt rod, and shaped
charge variants -- (contains secondary fuze wells for antihandling device, such
as M1951 fuze)
Model 1951 Grille (contains secondary fuze wells for antihandling device,
cocked striker mechanism in firing chain)
Model 1952 -- including all metallic, nonmetallic, tilt rod, and shaped
charge variants -- (contains secondary fuze wells for antihandling device, such
as M1951 fuze)
Type 542-L (contains secondary fuze wells for antihandling device)
Type 1953 (uses unknown mine as initiating charge, other fuzing
unknown)
In addition, HPD F 1 (inherent anti-disturbance features) is awaiting
destruction.
4. Mines which are unknown to the Ministry of Defense:
L14A1 (variant produced for UK contains break wire)
ACL 89 (item in development, seismic and IR sensors)
ATM Heavy (unknown nomenclature, motion sensitive fuze)
5. Mines for which
France stopped its participation in research and development:
MI AC PED GIAT (item in development, break wire sensor)
MI AC PED ARGES (in development with GE and UK, IR sensor)
In
the lists above, the descriptions are taken from a Human Rights Watch document
outlining antivehicle mines with antihandling devices of
concern.[14]
Transfer
France was an exporter of landmines in the
past.[15] Questioned about
France’s interpretation of the MBT prohibition on “assist”
with respect to transfer and transit, the Ministry of Defense stated that any
transfer or transit operation for another purpose than the ones authorized under
Article 3 of the Convention would be considered as
illicit.[16]
Stockpile and Destruction
On 20 December 1999, France destroyed its last AP
mines in the presence of Alain Richard, Minister of Defense, three years ahead
of the MBT deadline. In its second Article 7 report, France gives significant
details about its stockpile, including names, quantities, lot numbers, status
and location of destruction (either within the country or overseas), and bodies
responsible for the destruction (either the Army or private companies). Seven
different types of fuzes have also been destroyed.
Table 1. Mines which have been destroyed overseas by the French
Army[17]
Date
Location
Number of Mines
6 and 7 September 1999
French Guyana
368
28 September 1999
Ivory Coast
120
11 and 12 October 1999
New Caledonia
1074
2,3 & 4 November 1999
Djibouti
2444
TOTAL
4006
Between 17 June 1996 and 20 December 1999 a total of 1,098,281 mines,
192,439 fuzes and 132,786 components have been destroyed, as detailed in Table
2.
Table 2. Progress of AP Mine destruction
1996-1999[18]
Destroyed
since 1996 by DCMAT*
Destroyed since 1997 by other Army bodies
Destroyed in 1998 by private companies
Destroyed in 1999 by private companies
Destroyed overseas by Army
Total
Total retained
APMs
88,348
4,006
706,865
295,056
4,006
1,098,281
3,873
Fuzes
4,351
683
169,321
18,068
16
192,439
0
*Direction Centrale du Matériel de l’Armée de Terre
(DCMAT)
In addition to the above, the private company Formetal destroyed 132,786
components, and 2,996 exercise AP mines were destroyed by Formetal and AF Demil
in 1998 and 1999. Greater detail of the destruction of French stockpile,
including a breakdown by year, type of mines, numbers, date, site of and the
entity responsible for destruction is given in the CNEMA
report.[19]
The second Article 7 report gives the actual total of French mines retained
for training purposes, as permitted under the MBT, as 3,873 and details its
composition, plus 641 foreign AP mines, totalling
4,514.[20] This stock can be
renewed. NGOs have encouraged France to include in its Article 7 reports not
only the composition but also the use of this stock. This issue is also of
concern to the CNEMA, as stated in its first annual
report.[21]
In its second Article 7 report, France also mentioned a suspected mined area
in the military storage area of La Doudah, a French military zone on the
territory of Djibouti. This situation seemed to have occurred after torrential
rains prevented the total clearance of this minefield. France reported that
this area being inside a military zone is not accessible to the public, does not
pose any danger to people and is properly marked and posted with warning
signs.
Use
During parliamentary debates in June 1998, the
Minister of Defense said that France had already declared before the Atlantic
Alliance that “it would unreservedly enforce the Ottawa Treaty. France
will prohibit the planned or actual use of antipersonnel mines in any military
operation whatsoever by its military personnel. Furthermore, France will refuse
to agree to rules of engagement in any military operation calling for the use of
antipersonnel mines."[22] This
was made effective in a directive sent out by the Joint Chief of Staff in
November 1998.
During the NATO air operation in Kosovo in early 1999, some parliamentarians
questioned the government on this issue, and the government answered that
“during the conflict in Kosovo, France did not use either antipersonnel
landmines or
submunitions....”[23]
The ICBL has called on all NATO members to adopt a NATO-wide policy of
non-use of AP mines in joint operations. In October 1999 Hubert Védrine,
Minister of Foreign Affairs, recalled the directives officially stated by the
Chief of Staff in November 1998, which forbid any French military personnel to
use APMs, participate in planning operations employing use of APMs, or give an
agreement to any document mentioning a possible use. These elements were
presented in the framework of a NATO military working group in May 1998. The
Minister added that if France cannot determine the rules that the army of
another State has to obey, it recommends in case of joint operation the use of
means in accordance with the MBT. France will make sure that rules adopted by
its partners will not put it in a position which would contradict its
international commitment.[24]
Mine Action Funding
In 1999, the Ministry of Foreign Affairs created a
new “Fund for Aid for Cooperation” (FAC) for mine action programs,
which will be endowed with FF 20 million (US$2.85 million) for a period of three
years. While signalling its interest in mine action, the amount is small to
cover all activities related to mine action, including victim assistance.
(Funds from the FAC will not be used for research and development in demining
technology.) Both French NGOs and CNEMA have encouraged the government to
increase this endowment rapidly.
Projects funded from the FAC will have to be implemented in a country either
signatory or State Party to the MBT, with an exception for humanitarian
considerations. This policy helps promote the MBT and follows existing European
Union policy. The beneficiary country must also be identified as a priority in
the French Co-operation policy. FAC funds will be able to be used via UN
agencies in a specific country.
France also wants to pay special attention to other sponsors of a project, in
order to maximize coordination and the effectiveness of projects. However,
French implementing agencies (whether NGOs or not), which are not numerous in
this field, are still favored in funding decisions. This can inhibit the work
of French and international NGOs attempting to coordinate projects together and
limits the ability to respond to needs in the
field.[25] By changing this
policy, France could have a presence in countries where no French agencies are
operating but which are a high priority for the French government.
The total French contribution to mine action programs in 1999 was about
US$2.74 million, including bilateral and multilateral programs, as well as its
share of EU contributions to mine action.
Table 3. French involvement in mine action programs in 1999: A. bilateral
aid
But other sources indicate the difference: “In Kosovo, the French
Armies do not participate directly to humanitarian demining but support mine
action undertaken by NGOs or Governmental organisations, notably with mine
awareness operation for local populations.... The mine awareness team is not
trained nor qualified to execute neither operational demining nor any
humanitarian demining
missions.”[29] While the
military plays a valuable role in this situation, their mandate is to secure the
area under their responsibility. French forces do not have a mandate to respond
to civilian requests for mine clearance. France provides some support for
humanitarian demining through the secondment of qualified personnel to UN mine
action centers for example, as it has in Bosnia and Herzegovina. However,
French NGOs (especially Handicap International, the only French organization
implementing mine action programs) have asked the French government to be more
involved in humanitarian demining, either through a broader funding policy or
the secondment of deminers from the Civil Security to NGOs and international
organizations.
Research and Development (R&D)
Significant funds have been invested since 1993 in the research and
development of mine clearance technologies, mainly into countermine techniques
with few possible applications for humanitarian
demining.[30] The CNEMA has
pointed out that minefield breaching does not correspond to today’s
humanitarian mine clearance needs, and even the French Army has to buy mine
clearance technology abroad. CNEMA also underlined the absence of dynamic
French companies in this field, as compared with the United States, Germany and
Sweden, as well as an apparent lack of understanding of the differences between
demining for military and for civilian
purposes.[31]
Research programs in France are mainly in the fields of mine-affected area
identification, mine detection, mine clearance and management in the framework
of military operations. Private companies involved include Thomson CSF and
SAGEM for detection systems, Giat Industries, Matra Baé, DCN/ Saint
Nicolas and ITS for demining systems. Different governmental bodies, mainly
attached to the Ministry of Defense, also develop their own research, mainly the
Etablissements Techniques de Bourges et d’Angers. For test purposes, a
minefield will be set up in Bourges during 2000, under the supervision of the
Armament General Directorate (DGA) of the Ministry of Defense.
Table 5. French investment (in millions of Francs) in research and development
1993-2003 (amounts for 2000 to 2003 are estimated)
Year
Detection
Clearance
Decoys
Counter-Mining
Total
(US$ million)*
1993-1998
36.4
2.3
2
5.5
46.2 ($8.385)
1998
1.4
0
0
0.4
1.8 ($0.305)
1999
22.5
1.9
0
1
25.4 ($4.127)
2000
26.2
7
5
4
42.2 ($6.432)
2001
25.2
4.6
6
0
35.8 ($5.457)
2002
8
3
4
0
15 ($2.286)
2003
0
4
15
0
19 ($2.896)
*dollar equivalents are calculated at the average for each time-period
In addition to this investment in R&D, the French Army has also been
authorized by the Parliament to spend approximately FF 1,803 million on new
detection and countermining systems between 2001 and
2015.[32]
Victim Assistance
Victim assistance does not appear to be a priority
for the French government. No specific budget for victim assistance appears in
information provided by the Ministry of Foreign Affairs in 1999. There seems to
be a confusion for the French government between what can be considered as
direct and immediate assistance to a mine victim and what is required from
States Parties as legal obligations under the MBT. In many written answers to
Members of Parliament, the government explained at length its policy on the mine
ban or mine clearance, but gave only a couple of lines to victim assistance.
In February 1999 Handicap International (HI), which is the major French NGO
in the field of victim assistance, called on the government to become involved
in comprehensive and long-term cooperation with other States Parties which are
developing policies for support for work with the disabled, including mine
victim assistance. HI also has begun to work on the rights of mine victims, as
part of its continuing efforts (with other French NGOs) to promote the MBT and
its full implementation by State Parties. In 1999 HI dedicated its campaign to
the rights of the mine victims, culminating with the organization of a shoe
pyramid and a day of national mobilization against landmines. The most recent
event in September 1999 took place in 19 cities and was attended by over 40,000
people. On 1 March 2000, the second anniversary of the entry into force of the
MBT, HI organized a postcard campaign to Members of Parliament, the Prime
Minister and the President of the Republic to question the low level of
France’s commitment to victim assistance and mine clearance, and ask the
French government to lead the battle for the rights of mine victims. The
official response was non-committal, and HI intends to develop this important
issue in the coming months.
[1] Letter from Prime Minister Lionel
Jospin to Handicap International, received 16 December
1999. [2] Law n°98-564 of 8 July
1998 with the intent of eliminating antipersonnel mines, article 9: “A
National Committee for the Elimination of Antipersonnel landmines shall be
created, to be composed of Government representatives, two deputies and two
senators, representatives from humanitarian organisations and representatives
from corporate management and organised labor,” Landmine Monitor Report
1999, pp. 587-588. [3] Handicap
International has expressed concern that given the fact that France completed
destruction of its stockpiles of antipersonnel mines in 1999, it could play a
major role in the SCE on stockpile destruction, but the Ministry of Defense has
not made any concrete proposals to help other countries or play an active role
in this important aspect of implementation of the
treaty. [4] Interview with Ministry of
Foreign Affairs, Paris, 9 May 2000. [5]
Letter from Jacques Chirac, President of the French Republic, to Philippe
Chabasse, Director of Handicap International, 13 September
1999. [6] Fax from the Ministry of
Foreign Affairs to Handicap International, 25 February
2000. [7] Interview with Ministry of
Foreign Affairs, 9 May 2000. [8] For
details of types of mines produced and manufacturers, see Landmine Monitor
Report 1999, pp. 590-596. [9] Letter
from Christian Lechervy, Ministry of Defense, 15 May
2000. [10] Letters annexed to the CNEMA
annual report: “1999 Annual Report,” Commission Nationale pour
l’Elimination des Mines Antipersonnel, Section II, Chapter 5, (to be
published in September 2000); available at the Documentation Française or
from the CNEMA, 35 rue Saint Dominique, 75700
Paris. [11] Belkacem Elomari and Bruno
Barillot, Le Complexe Français de Production des Mines et Systèmes
Associés, (Observatoire des Transferts d’Armements, 1997), p.
46. [12] Human Rights Watch Fact Sheet,
“Antivehicle Mines with Antihandling Devices,” Prepared for the
First Meeting of the Standing Committee of Experts on the General Status and
Operation of the Convention, Geneva, 10-11 January 2000, pp.
7-9. [13] Letter from Christian
Lechervy, Ministry of Defense, 15 May
2000. [14] HRW, “Antivehicle Mines
with Antihandling Devices,” 10-11 January 2000, pp.
7-9. [15] Landmine Monitor Report 1999,
pp. 596-598. It had been indicated that France had exported AP mines to Rwanda
in 1992, but a declassified document from the Interministerial Commission for
the Study of War Matériel Exports indicated that on 16 April 1992 the
Ministry of Defense authorized the export to Rwanda of 20,000 AP mines and 600
igniters. CNEMA has obtained documents which state that this export had been
considered but vetoed by the International Relations Delegations of the General
Directorate of Armament (Direction Générale de l’Armement)
and by the Ministry of Defense. See: Paul Quilés, "Investigation of the
Rwandan Tragedy (1990-1994),” National Assembly Report N° 1271,
Volume 2, Appendices, 15 December
1998. [16] Letter from Christian
Lechervy, Ministry of Defense, 15 May
2000. [17] “La France
détruit ses dernières mines antipersonnel,” Ministry of
Defense, press file 20 December
1999. [18] Article 7 Report, 1 August
1999-31 March 2000. [19] “1999
Annual Report,” CNEMA, to be released September
2000. [20] Article 7 Report, 1 August
1999-31 March 2000. [21] “1999
Annual Report,” CNEMA, to be released September
2000. [22] Extract from speech by
Minister of Defense, Parliamentary Debate, Official Journal of the French
Republic, unabridged report of Parliamentary sessions of Thursday, 25 June 1998,
pp. 5402-5403. [23] Answer from Ministry
of Defense to written question from Marie-Claude Beaudeau, n° 19132, 30
September 1999. [24] Letter to ICBL from
Hubert Védrine, Minister of Foreign Affairs, 15 October
1999. [25] For example, this is the case
with Handicap International, the Mines Advisory Group and Norwegian
People’s Aid, which have set up a policy of cooperation and coordination
of their efforts. [26] Information given
by the Ministry of Defense to the CNEMA, 15 March
2000. [27] In 1998,
“General” meant a contribution to the ICRC appeal for assistance to
mine victims and mine awareness through funding from the Common Foreign and
Security Policy. In 1999, it was a contribution from DGVIII to a study
researched by HI-France on the use of mechanical devices in support of
humanitarian demining operations. [28]
Answer from Ministry of Defense to written question from Marie-Claude Beaudeau,
n° 19132, 30 September 1999. [29]
“La France détruit ses dernières mines antipersonnel,”
Ministry of Defense, press file, 20 December
1999. [30] “1999 Annual
Report,” CNEMA, July 2000. [31]
Ibid. [32] Ibid.
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