Key developments
since March 1999: Malaysia ratified the Mine Ban Treaty on 22 April 1999
and it took effect 1 October 1999. Implementation legislation is being
considered by the Parliament. Malaysia has served as the co-rapporteur of the
Standing Committee of Experts on Stockpile Destruction. Malaysia has developed
plans for, but has not yet begun, destruction of its antipersonnel mine
stockpile.
Mine Ban Treaty
Malaysia signed the Mine Ban Treaty on 3 December
1997. On 13 April 1999 the Foreign Minister signed the ratification instrument,
and it was officially deposited with the UN Secretary-General on 22 April 1999.
The Mine Ban Treaty thus entered into force for Malaysia on 1 October
1999.[1]
Malaysia participated in the First Meeting of State Parties (FMSP) to the ban
treaty in Mozambique in May 1999. Deputy Foreign Minister Datuk Dr. Leo Michael
Toyad called for sustaining the “political will and momentum”
generated by the treaty, including through “close collaboration”
with NGOs and “consideration of all aspects of the anti-personnel mine
problem.”[2]
At the FMSP, Malaysia assumed the duties of co-rapporteur for the new
Intersessional Standing Committee of Experts (ISCE) on Stockpile
Destruction.[3] It performed
this role at the committee’s meetings in December 1999 and May 2000 in
Geneva.[4] Malaysia has also
participated in the meetings of the ISCEs on Victim Assistance and on the
General Status of the Convention.
Malaysia voted affirmatively on the UN General Assembly’s 1999
resolution supporting the Mine Ban Treaty.
Malaysia submitted its first transparency report required by the
treaty’s Article 7 on 1 March
2000,[5] one month ahead of
schedule.
Implementing legislation is in draft form and still needs to be presented for
final reading and approval by the new
parliament.[6] Earlier
parliamentary debate showed bipartisan support, with both administration and
opposition members speaking against
landmines.[7] The bill was
drafted by the Ministry of Defense, and is said to be patterned after the treaty
and other national legislation such as Canada’s, with some variation as to
penalties, domestic obligations and inter-agency responsibilities. The
implementing legislation is expected to result in some budgetary outlay for
treaty compliance
measures.[8]
The implementing legislation will also result in a new set of directives,
including new military
doctrine.[9] These new
directives, especially for the Malaysian Armed Forces (MAF), will be shaped not
only by the legislation but also by a study with recommendations on treaty
compliance. This study will be made by a board of officers already formed with
the Army as “process owner.” The study is to be kept within MAF in
the meantime.[10]
As of January 2000, coordination on Mine Ban Treaty compliance is being done
by an ad hoc inter-agency committee with the Ministry of Defense, particularly
its Defense Policy Division, as the focal point. Other agencies involved are
the Ministry of Foreign Affairs, particularly its Multilateral Political Affairs
Division; the MAF Headquarters and especially the Army; the Ministry of Home
Affairs and, under it, the Police; and the Attorney-General’s Chambers,
only for legal and legislative
aspects.[11]
This ad hoc arrangement will most likely be regularized after the passage of
implementing legislation. The shape of any new arrangement would depend on the
study and recommendations of the board of officers. The defense establishment
is conscious of possible NGO participation in an appropriate way, but there are
also reservations about this due to the military sensitivity of some
matters.[12]
Malaysia is not a signatory to the 1980 Convention on Conventional Weapons
and its Protocol II on mines. Malaysia did not attend the First Annual
Conference of States Parties of Amended Protocol II in December 1999. With
regard to negotiations on a ban on mine transfers in the Conference on
Disarmament, an official has said Malaysia “would like this to be taken
up.”[13] Malaysia became
a member of the CD in 1999.
Malaysian officials have underscored the importance of acting regionally,
particularly in Southeast Asia, noting that in the
“integration-sensitive” Association of Southeast Asian Nations
(ASEAN), the landmines issue can be a gauge for trust-building, which is a level
higher than
confidence-building.[14]
Malaysia can be said to be taking the lead within ASEAN in addressing the
landmine agenda.
Use, Production, and Transfer
Government officials state that there has been no
use of antipersonnel mines since the Communist Party of Malaya (CPM) and the
government concluded negotiations in December 1989. They also state that
Malaysia has never produced or exported antipersonnel
mines.[15] It imported four
types of AP mines from Yugoslavia, as well as Claymore mines from the UK and
US.[16]
Some in the Malaysian defense establishment advocate seeking
“high-tech” mines or alternatives that are “better and
humane.”[17]
When asked by Landmine Monitor about the issue of another country transiting
mines across Malaysian territory, an official responded that a general policy
and practice has been to require foreign vessels to declare what they are
bringing in – “no declaration, no
visit.”[18] But this can
also be “quite catchy,” dealing with the rights of one party and the
freedom of the other party, especially in passage through international sea
lanes like the Straits of Malacca. This has to be tackled on a case-to-case
basis, sometimes involving accommodations like a “partial
declaration.”[19]
Stockpiling and Destruction
According to its Mine Ban Treaty Article 7 report,
Malaysia has 94,263 antipersonnel mines in stockpile, with 82,252 ground-blast
type and 12,011 “airburst” (bounding) type. The bounding mines are
Yugoslav-made PROM-1. The ground-blast are Yugoslav-made PAM-2, PAM-3 and PAM-3
without UPMAH fuzes.[20]
The foregoing figures do not include Claymore mines, which are not prohibited
by the treaty when used in command-detonated mode. Malaysian officials have
indicated that all Claymores that are retained will be command-detonated and
that steps, including modifications, will be made to ensure that is
so.[21]
There has been planning for, but as yet no actual destruction of
antipersonnel mines. Malaysia is awaiting the implementing legislation and the
recommendations of the board of officers before beginning destruction. The
locations of destruction sites have been decided: Asahan Range, Malacca; Kota
Belud Range, Sabah; and Sempadi Range, Sarawak. The method of destruction would
be demolition using electrical method, and to be done by the Army and the
Police.[22]
Malaysia has announced that it will not keep any live antipersonnel mines for
training purposes.[.23] It will
use only non-explosive practice mines (smoke mines) for training.
Malaysia’s non-explosive training mines number
46,008.[24] The destruction of
AP mines in its stockpile may also be used for training
purposes.[25]
Non-State Actors
Malaysia no longer has a non-state actor (NSA) problem, especially after its
agreement with the CPM and its Malayan People’s Army to terminate
hostilities on 2 December
1989.[26] This and other
related agreements contained provisions on destruction of firearms, ammunition
and explosives and on location and destruction of booby-traps to be done by the
CPM.[27] These agreements as
well as the experience of their implementation could be studied further as a
possible model for post-conflict mine clearance by NSAs. As Hussein Haniff put
it, “without their cooperation, there is no way (for their mines to be
cleared).”[28]
Most of the so-called booby-traps were actually AP mines albeit of the crude,
improvised type that would expire after some exposure to the jungle elements.
After 1991, with the mines expiring, it was deemed no longer cost-effective to
conduct the joint mine clearing special operation (“Operasi
Bersih”).[29]
Landmine Problem
It is believed that virtually all of the landmines
laid in the vicinity of the Malaysian-Thai border from the 1950s to 1980s have
been cleared or rendered ineffectual by the
elements.[30] In its Article 7
report, Malaysia declared itself mine free.
Mine Action
Malaysia has not received any funding or in-kind
contributions for mine action. It has made no financial contributions, but has
sent peacekeeping forces that undertook mine clearing operations in countries
like Cambodia and Bosnia.
Malaysia has pointed to the need for greater international and technical
support for research in mine detection and clearance.
At the First Meeting of States Parties, Deputy Minister Toyad cited the need
for “greater efforts to enhance research” and for “more active
cooperation among states” in mine detection and clearance. He called on
“countries with financial capability, technology and equipment, to come
forward in providing financial, technical and humanitarian assistance to
mine-affected countries as well as to landmine victims.” He also
underscored the importance of “effective and comprehensive public
education on mine awareness” to significantly reduce
casualties.[31]
Landmine Casualties
There have been no reports of civilian victims of
landmines. In the last known incident, an army major was killed by a bounding
mine in Bosnia in 1994 as part of the peacekeeping
force.[32]
[1] Interview with Hussein Haniff, Under
Secretary (Multilateral Political Affairs), in the presence of Raja Reza Raja
Zaib Shah, Assistant Secretary, Policy Planning Division, and Ho May Yong,
Principal Assistant Secretary (Commonwealth & Disarmament), all of the
Malaysian Ministry of Foreign Affairs, at Wisma Putra, Kuala Lumpur, 2 December
1999 [2] Statement by the Honourable
Datuk Dr. Leo Michael Toyad, Deputy Minister of Foreign Affairs of Malaysia to
the First Meeting of the State Parties to the Mine Ban Treaty, Maputo,
Mozambique, 4 May 1999. [3] Interview
with Hussein Haniff, 2 December
1999. [4] Interview with Cdr. Razali Bin
Md. Ali, RMN, Principal Assistant Secretary (Policy) 4, Defence Policy Division,
Ministry of Defence, at Wisma Pertahanan, Kuala Lumpur, 19 January
2000. [5] Malaysia Report under the Mine
Ban Treaty Article 7, 1 March 2000. [6]
Cdr. Razali Bin Md. Ali, email, 15 May
2000. [7] “Both sides speak
against landmines,” The Star (Kuala Lumpur), 21 April
2000. [8] Interview with Hussein Haniff,
2 December 1999. [9] Interviews with
Cdr. Razali, 19 January 2000, and Hussein Haniff, 2 December 1999. The draft
bill is still a classified
document. [10]
Ibid. [11] Interviews with Hussein
Haniff and with Crd. Razali. [12]
Interview with Cdr. Razali. At the May 2000 meeting of the SCE on General
Status of the Convention, the Malaysian delegation said that a board of
officials had been formed to oversee all mine-related issues, headed by a senior
military official, which would meet for the first time in June 2000. It is
unclear if this is the formalization of the ad hoc
committee. [13]
Ibid. [14]
Ibid. [15] Landmine Monitor Report 1999,
interview with Cdr. Razali and Major Mustaffa, 8 February 1999, p.
415. [16] Ibid. Also, Malaysia Article
7 report, 1 March 2000. [17] Interview
with Cdr. Razali, 19 January 2000. [18]
Interviews with Cdr. Razali and Hussein
Haniff. [19] Interview with Cdr.
Razali. [20] Malaysia Article 7 report,
1 March 2000. Though listed in the report as “PAM” mines, these are
usually designated “PMA”
mines. [21] Interview with Cdr.
Razali. [22] Malaysia Article 7 report,
1 March 2000, and interview with Cdr. Razali, 19 January
2000. [.23] Malaysia Article 7 report, 1
March 2000. The Malaysian representative at the ISCE on General Status of the
Convention announced this in Geneva, 30 May
2000. [24] Cdr. Razali Bin Md. Ali,
email, 27 April 2000. Also, oral statement to ISCE on General Status, 30 May
2000. [25] Ibid.; Razali email, 15 May
2000. [26] Agreement between the
Government of Malaysia and the Communist Party of Malaya to Terminate
Hostilities, signed on 2 December 1989 in Haadyai, Thailand, which is Appendix
“D” of General Dato’ Kitti Ratanachaya, The Communist Party of
Malaya, Malaysia and Thailand: Truce Talks Ending the Armed Struggle of the
Communist Party of Malaya (Bangkok: Duangkaew Publishing House, 1996), p.
292. [27] See, especially, paragraphs
2.4 and 2.5 of the Administrative Arrangement between the Government of Malaysia
and the Communist Party of Malaya Pursuant to the Agreement to Terminate
Hostilities, signed on 2 December 1989 in Haadyai, Thailand, which is Appendix
“G” of Kitti, The Communist Party of Malaya, pp.
302-311. [28] Interview with Hussein
Haniff. [29] Interview with Cdr. Razali.
According to him, a final report on the operation may be found in the Army
Operations Center at Wisma
Pertahanan. [30] This assessment comes
from Malaysian NGO colleagues, particularly Dr. Gopala Gopinath, a retired
colonel in the Air Force medical corps, who now also does work with the
Malaysian Red Crescent Society and the Malaysian Physicians for the Prevention
of Nuclear War, and Sanen Marshall, formerly of Just World Trust and now with
the British Council, during the Landmine Monitor researcher’s
conversations with them on 2-3 December
1999. [31] Malaysia FMSP
Statement. [32] See Landmine Monitor
Report 19 99, p. 417.