Key developments
since March 1999: Norway contributed US$ 21.7 million to mine action in
1999. Norway played a leading role in the establishment and implementation of
the Mine Ban Treaty intersessional work program.
Mine Ban Policy
Norway ratified the Mine Ban Treaty (MBT) in June
1998 and deposited its instrument of ratification with the United Nations on 9
July 1998. National legislation was passed in the parliament on 16 June
1998.
The treaty is seen as a central instrument in Norwegian foreign policy. In a
speech marking its entry into force, the Minister of International Assistance
and Human Rights Hilde Frafjord Johnson stated that “1 March 1999 will be
remembered as one of the most important milestones on the road towards a world
free of the effects of anti-personnel
landmines.”[1] On
numerous occasions, Norwegian authorities have stressed that the MBT is the
platform for Norwegian policy on the issue, and that Norway is committed to the
success of the treaty. A key element of this policy has been to stress the
importance of including NGOs in the process, both in national politics and in
the international diplomatic effort: “We must vigorously follow up the
partnerships between governmental and non-governmental actors and between North
and South so successfully developed during the Ottawa
process.”[2] Following
this view, the Norwegian official delegation to the First Meeting of States
Parties (FMSP) in Maputo in May 1999 included a representative from Norwegian
People’s Aid (NPA), as well as support for active NGO participation in the
political process.
Norway played a very active role in the FMSP. Its delegation was led by the
Minister of International Development and Human Rights. In her opening
statement, the Minister called for the establishment of an intersessional work
program, a recommendation that was adopted by the states
parties.[3] As the key
architect of the intersessional program, Norway has been very actively involved,
attending all meetings of the Standing Committees of Experts (SCE). At the SCE
meeting on General Status and Operation of the Convention, Norway was one of the
governments which reiterated the understanding of the treaty’s definitions
that antivehicle mines with antihandling devices which function like AP mines
– which may explode from an unintentional act of a person -- are banned
under the MBT. The government supported a proposal to form an informal expert
group to examine the antivehicle mine
issue.[4]
For the period following the Second Meeting of States Parties, Norway has
been proposed as rapporteur for the SCE on General Status and Operation of the
Convention, and has been nominated for the presidency of the SMSP in September
2000. Norwegian NGOs, the Red Cross and NPA, have been supported in their
participation in the intersessional work, as has the ICBL.
Norway submitted its initial Article 7 report on 26 August 1999, covering the
period 1 March 1999 to 26 August 1999. Norway has not submitted its second
Article 7 report, for calendar year 1999, due 30 April 2000. The first report
has two troubling aspects: U.S. antipersonnel mines stockpiled in Norway, and AP
mines retained for training. (See below) Norway was the only States Parties
where U.S. AP mines are stored to report the existence of U.S. stocks in the
Article 7 report. Although the treaty requires reporting on type and quantity
of all stockpiled mines “under its jurisdiction or control,” Norway
did not provide any details: “There are pre-stocked US mines on Norwegian
territory. Due to previously concluded agreements, information on pre-stocked
military material is not available for
reporting.”[5] The U.S. AP
mines are stockpiled on territory under Norwegian jurisdiction, in stores under
Norwegian jurisdiction; this was a crucial point made explicit when the U.S.
stores were established in
1981.[6]
When Norwegian officials have visited foreign countries, it has been standard
procedure to include issues related to the Mine Ban Treaty on the agenda of
these visits.[7] The MBT is
also regularly raised when representatives of foreign governments visit Norway,
as well as in various international meetings and conferences. The government has
formally protested against the new use of AP mines in Angola, through its
ambassador in Luanda.[8]
However, in other Norwegian foreign policy initiatives, such as in the
conflict settlement efforts in the Middle East, Sri Lanka and West Africa, the
issue of landmines is not a priority. Only a small group of officials is
involved in landmine policy, and there is no formal position such as “Mine
Action Ambassador.” Government agencies have published little on the
landmine issue and the official website
ODIN[9] only presents archival
documents.
Norway responded positively to Landmine Monitor Report 1999. Norwegian
authorities have on several occasions praised the Landmine Monitor initiative
for its accuracy, scope and independence, and pointed to the role this project
has in successful implementation of the MBT.
In December 1999 Norway voted in favor of UN General Assembly Resolution
54/54B promoting the MBT, as it has with previous pro-ban UNGA resolutions.
Norway has stated that it “does not regard the Conference on
Disarmament as an appropriate forum for dealing with anti-personnel landmines,
given that there are already two instruments specifically designed for this
purpose (Protocol II and the Mine Ban Convention).”[10] Norway is a party to Amended
Protocol II (1996) of the Convention on Conventional Weapons, and has complied
with the Article 13 reporting requirement. Although it attended the States
Parties meeting in December 1999, it did not make a statement, as it regards the
MBT as the primary international norm on mine issues.
Production
Production of AP mines, as defined by the MBT, is
illegal in Norway. In its comments on the law, the Ministry of Foreign Affairs
noted: “[T]he ban is on production of anti-personnel mines and components
to APMs, as long as it is clear what end-purpose the component has and that it
is difficult to imagine alternative use of the components. Other parts, such as
explosives or chemicals, that on a later stage may be used for many other ends
than APMs, do not fall under the ban, unless it is clear that production of APMs
is the final end.”[11]
According to the Norwegian Institute for Defense Research, no research is
done in Norway on munitions that may function as AP mines, or on antitank mines
and cluster munitions.[12]
Norway participates in the NATO SAS-023-group, studying the consequences of the
AP mine ban and possible technological alternatives that do not have the
negative effects of AP mines. The focus of the work is operational studies and
technical evaluations. This group is led by the United States and has been in
progress for about a year and a half, and plans to continue for another
year.[13]
Transfer
Norway has reserved the right to import
Claymore-type directional fragmentation mines (officially termed “sector
charges”) and has imported them as recently as in 1997, from the Austrian
company Hintenberger/Südsteirische Metallindustrie. Use of Claymore mines
when detonated by tripwire is clearly prohibited by the MBT; use of Claymore
mines in command-detonation mode by an operator (i.e. not victim-activated) is
permitted. Thus, Norway argues that new purchases of Claymores are not ruled
out. Research in Austria has shown that the Claymores imported by Norway in
1997 were probably not physically modified to remove the prohibited mode of
detonation.[14] But since then,
Claymore mines have been modified so that they cannot be used with a
tripwire.
Landmine Monitor Report 1999 detailed concerns on Norway’s
position on the issue of transit – another country transporting AP mines
across the territory of a states party. Norway has continued to hold that
transit is permissible under the treaty; Norway defines transfer as a two-step
operation, involving both the physical movement of mines and the transfer of
property rights. Hence Norway has chosen a position that will allow the U.S. to
move its stockpiled AP mines both out and in from the stores in Norway, without
any Norwegian
interference.[15]
This was particularly relevant during the air war against Yugoslavia in the
spring of 1999. If they had wanted to, the U.S. military could have transported
AP mines from the stores in Norway for use in Yugoslavia. In the view of the
Norwegian Campaign to Ban Landmines, this would have constituted a violation of
Article 1 of the MBT. Norwegian nongovernmental organizations continue to raise
this issue with authorities. The new Labor Government, which took over from the
Central-Christian Coalition in March 2000, has not given any signals of change
in this position. A number of States Parties, as well as the ICRC and ICBL,
have publicly stated that they view such transit of antipersonnel mines as a
violation of the treaty.[16]
Stockpiling and Destruction
According to official sources, all Norwegian AP
mines were destroyed in October
1996.[17] This does not include
the Claymore-type AP mines that have been rebuilt for command-detonated mode by
LIAB in Sweden. This conversion started in the fall of 1998, and is now
finished.[18]
In its Article 7 report, Norway reported that it was not retaining any mines
for training or research purposes, as permitted under Article 3. When questions
were raised in several Standing Committee of Experts meetings by the ICBL, ICRC
and others about the need for, and the number of, mines being retained by some
States, Norway spoke forcefully on this issue, emphasizing that its armed forces
did not require any live mines for training or research purposes.
Thus, it came as an unwelcome surprise when Norwegian People’s Aid
received a letter from the Ministry of Defense in June 2000 stating that the
Army has “kept a very limited number of APMs. The number is per date less
than 100 units.”[19] The
MoD wrote that the AP mines are for training of personnel participating in
international operations. It is not clear whether the MoD had these mines at
the time Norway submitted its Article 7 report or if they were acquired later.
The MoD letter adds that it is importing a limited number of AP mines
from areas where Norwegian military personnel are going to
operate,[20] and a MoD official
explained that there are no particular procedures for notifying other government
agencies when the MoD imports AP
mines.[21]
Parallel to ratification, an understanding between Norway and the United
States was reached regarding the presence of U.S.-controlled stockpiles of arms
in Norway under which the government will not report on the U.S. mines stored in
Norway, and will permit them to remain in Norway for the maximum four-year
period from entry into force for retaining stockpiles, as stipulated by Article
4 of the MBT.[22] According to
information provided to Human Rights Watch, in 1997 the U.S. had 123,084 ADAM
mines stored in Norway. ADAM comes in a 155mm projectile with each projectile
holding 36 individual ADAM
mines.[23]
Use
Norway has reserved the right to future use of
Claymore-type AP mines in command-detonated mode. Antipersonnel landmines were
an integrated part of official Norwegian defense policy until the national ban
in 1995. It has been difficult to verify to what extent minefields were
actually deployed inside Norway. However, there is no reason to believe that
there are any minefields left in
Norway.[24] According to the
MoD, its training of military personnel has been modified to comply with the
international treaties to which Norway is
party.[25]
Norwegian military forces can participate in joint operations with non-MBT
members, as long as Norwegian personnel do not take part in the use of AP mines
or assist the non-signatories in doing so. However, the formulations are vague
on this. In a letter to Norwegian People’s Aid on the issue, the Ministry
of Defense writes that: “Norway will fulfill its NATO-commitments even if
other NATO-countries will use anti-personnel mines on a tactical level.
Norwegian soldiers will however not bring nor actively deploy anti-personnel
mines.”[26] It has not
been possible to get precise information on how the MoD defines the term
actively deploy.
Humanitarian Mine Action
The government is a major contributor to
humanitarian mine action programs. Norwegian NGOs, private sector, academic
institutions and the military forces are engaged in various ways in mine action.
The obligations of the MBT also constitute a framework for its financial support
for mine action programs. For example, Norway primarily will support mine
action programs in countries that signed and ratified the treaty, or signaled
intention to do so. It is part of the Mine Action Support Group of donor
countries at the UN in New York.
Funding
In 1997, the government committed to contributing US$120 million to mine
action activities over a five-year
period.[27] The funding is
mainly from two public sources: the Ministry of Foreign Affairs (MFA) and the
Norwegian Agency for International Development (NORAD). As Norway’s
fiscal year follows the calendar year, Table 1 covers the whole of 1999.
Monetary contributions in 1999 totaled $21,694,679.
Table 1. Overview of Norwegian support for mine action
1999[28] A. By Country
Country
Activity
Amount
in US$
Agencies
Afghanistan
Integrated mine action
1,362,500
UN Afghanistan Emergency Trust Fund, UNOCHA, UNDP
Angola
Clearance, survey, victim assistance
2,714,500
Norwegian Peoples Aid (NPA), Trauma Care Foundation (TCF)
Bosnia & Herzegovina
Clearance, awareness, victim assistance
2,692,375
NPA, Norwegian Institute for Public Health, Helping Hand, International
Trust Fund
Cambodia
Coordination, clearance
562,500
NPA, UNDP, CMAC
Croatia
Clearance
125,000
UN, WEU
Guatemala
Clearance
975,000
OAS
Iran
Victim assistance
50,000
TCF
Iraq/
Kurdistan
Clearance, victim assistance
689,563
NPA, TCF
Jordan
Victim assistance, clearance
1,014,884
Government of Jordan
Lao
Clearance, EOD
687,500
NPA
Mozambique
Clearance
937,500
NPA
Somalia
Victim assistance
183,094
Norwegian Red Cross (NRC)
Thailand
Survey
375,000
TMAC, Survey Action Center, NPA
Yemen
Awareness, clearance
312,500
Yemen Mine Awareness Association, UNDP
Kosovo
Clearance, coordination
3,312,500
UN Trust Fund for Mine Action, NPA
B. By Region
Africa
Mine awareness –
Western Sahara
53,860
NPA
Americas
Mine awareness, Peru/Equador border
187,500
Asociacion Latinamericana para los Derechos Humanos
Asia– Pacific
Ban advocacy, Caucasus
25,000
IPPNW
C. Thematic
Coordination
Contribution to UNMAS
975,000
UN secretariat
Research
Impact of mine action programs
173,300
AMAC/ PRIO
Outreach
FMSP, Maputo
7,180
UN secretariat
Outreach
Regional workshop in Lebanon
25,000
ICBL
Advocacy & Outreach
Follow-up of Mine Ban Treaty
267,000
NPA, ICBL
Research
Evaluation of mine action programs
103,125
Geneva International Center for Humanitarian Demining
Information
Mine action specialist to MFA
71,434
Henriksen Consulting
Victim Assistance
Integration of victims in national health programs
687,500
TCF, WHO
Victim Assistance
ICRC mine victims appeal
3,477,656
ICRC, NRC
In addition to these governmental contributions, NGOs raise funds from the
general public for mine action projects. It is difficult to quantify these
amounts. The major mine action NGO in Norway, Norwegian People’s Aid,
also receives funds from non-Norwegian sources. For Angola, NPA received
donations from USAID, Danish, Dutch and Swedish Ministries of Foreign Affairs,
World Food Program, and the oil exploration companies Statoil and British
Petroleum. For Mozambique, NPA received donations from Danish International
Development Agency, Swedish International Development Agency and Dutch Ministry
of Foreign Affairs; for Bosnia and Herzegovina from AustCare; and for the West
Bank & Gaza from The Diana Princess of Wales Memorial Fund. For Kosovo, an
anonymous donation was received.
Policy
Although Norway still has not formalized a written policy on contributions
for mine action, there is a practice in place based on the MBT, which is
reinforced by two Foreign Ministry working-memos from 1998. A comprehensive
policy for mine action funding is reported to be ready in the fall of
2000.[29] Norway has a policy
of supporting mine-affected areas, primarily in countries that are either party
to the MBT or that have signaled a willingness to join. There is also a policy
of “rewarding” countries that have joined the MBT.
However, the Foreign Ministry has also said that they have an obligation to
support programs that started up prior to the MBT and will follow these up
within reasonable limits. Recognizing that some mine-affected areas cannot be
party to the MBT, for example Northern Iraq/Kurdistan, the Foreign Ministry has
signaled that support for mine action programs will continue. In general,
Norway does not support research into mine detection or clearance technologies
from money allocated for mine action. There is no formal body coordinating
Norwegian contributions to mine action, but there are ongoing informal
communications between the NORAD and the Foreign Ministry.
Non-governmental Organizations
Norwegian People’s Aid (NPA) is the largest agency involved in mine
action in Norway. Starting with mine clearance in Cambodia in 1992, it now has
mine-related programs in Angola, Mozambique, Western Sahara, Palestine,
Kurdistan/Northern Iraq, Kosovo, Bosnia, Cambodia, Thailand and Laos. In
addition, NPA has undertaken mine awareness campaigns among war refugees from
the Balkans in Norway. It is actively engaged in international advocacy for the
MBT and has been a member of the Coordination Committee of the International
Campaign to Ban Landmines (ICBL) since 1998. In 1999, NPA housed the ICBL
Resource Center in Oslo. NPA is also in the Core Group of the Landmine Monitor
initiative, and thematic coordinator for humanitarian mine action in this
project. As a field organization, NPA is involved in various research and
development initiatives, with private and public sectors, but the agency is not
undertaking such projects alone.
The Norwegian Red Cross is involved in victim assistance projects, working in
close cooperation with the International Committee of the Red Cross. In Norway,
the Red Cross has played a vital role in advocacy, with particular emphasis on
the legal and humanitarian side of landmines.
The Trauma Care Foundation is a Norwegian agency with chapters in Cambodia,
Northern Iraq and Angola, which coordinates local victim assistance programs,
provides medical teachers and helps develop local teaching aids. The Tromsoe
Mine Victim Resource Center was established in November 1999 to coordinate
research and training programs for pre-hospital mine and war victim assistance.
It is also a support center for Trauma Care Foundation and distributes teaching
aids, photo documentation and books. With Third World Network, it recently
published a 200-page handbook, Save Lives – Save Limbs.
Research and Development (R&D)
There are several R&D initiatives in Norway involving practitioners,
industry and academic institutions. Norwegian Demining Consortium (NoDeCo) is a
group of Norwegian industrial companies that has developed a small mechanical
mine clearance vehicle called MineCat. NoDeCo has cooperated with NPA on its
development, and the vehicle is now operational in Kosovo. The funding for this
has been private.
The Defense Research Institute (FFI) is involved in studies on molecules
emanating from AP mines buried in the soil, in order to improve the use of dogs
in mine clearance. FFI is also cooperating with the Norwegian Competence Center
on mine-searching dogs, in a project aimed at establishing certification
procedures. The Geneva International Center for Humanitarian Demining is
involved in this. FFI has conducted a study on the environmental impact of
mechanical mine clearance for NPA. FFI is funded outside the Foreign Ministry
program of mine action grants.
The Foundation for Scientific and Industrial Research at the Norwegian
Institute of Technology (SINTEF) is involved in a large European Union program
developing ground-penetrating radar to be used in combination with a metal
detector to locate mines. This project is still in its research phase, and
includes partners such as Schiebel in Germany and Celsius in Sweden. The
research is funded outside the Foreign Ministry program of mine action
grants.[30]
Nordic Demining Research Forum
(NDRF)[31] is a coordination
initiative, with participation from industry, academic institutions and mine
action operators. NDRF aims at stimulating R&D into improved demining
efficiency and safety through promotion of cooperation between operator, R&D
and industry, initiating cross-border and cross-sector R&D between companies
and institutions in Nordic countries. The work is funded from a variety of
sources.
The Peace Research Institute of Oslo (PRIO) hosts the research project
Assistance to Mine Affected Communities (AMAC). The AMAC project undertakes
studies of mine-affected communities with the aim of further exploring
opportunities to build on local resources and competence in humanitarian mine
action. The project is based on the conviction that improved assistance to
mine-affected communities must start with a deeper understanding of local
responses to landmines. AMAC has published a series of papers on the issue
called Landmine Memos[32]
and is partially funded by the Mine Action Grant from Norway.
Mine Awareness and Victim Assistance
Norwegian People’s Aid has been giving mine
awareness courses for Kosovar refugees in Norway since July 1999; they have been
offered a one-day course before returning to Kosovo. To date, some 5,000
individuals have gone through this course. Written material on mine awareness in
Kosovar was produced during the summer and autumn of 1999. NPA is now producing
a film on mine awareness in Kosovo, due to be finalized in July 2000. These
activities have been financed by the Norwegian Directorate of Immigration, with
NOK 600,000 ($69,000), outside the Foreign Ministry program of mine action
grants.
In Norwegian mine action policy, victim assistance is seen as an integral
part of humanitarian mine action, and some $4,566,000 of the mine action grants
in 1999 was earmarked for various victim assistance projects. However, recent
thinking in NORAD and the Foreign Ministry is that projects directed towards
landmine victims should be more integrated with overall health service
initiatives.[33] The major
initiative on victim assistance is the newly established Tromsoe Mine Victim
Resource Center, at the Tromsoe University
Hospital.[34]
[1] Opening Statement, Ms. Hilde Frafjord
Johnsen, Minister of International Assistance and Human Rights, Seminar on the
Entry into Force on 1 March 1999 of the Mine Ban Convention, Nobel Institute,
Oslo, 1 March 1999. [2]
Ibid. [3] Statement of Ms. Hilde
Frafjord Johnsen, Minister of International Assistance and Human Rights, First
Meeting of States Parties to the Mine Ban Treaty, Maputo, Mozambique, 3-7 May
1999. [4] Oral statement of the
Norwegian Delegation, Standing Committee of Experts on the General Status and
Operation of the Convention, Geneva, Switzerland, 10-11 January 2000. See also,
Human Rights Watch Fact Sheet, “Antivehicle mines with antihandling
devices,” 10 January 2000. [5]
Article 7 Report, Form B, 26 August
1999. [6] The non-governmental
organization Norwegian People’s Aid sent a letter of complaint about the
non-reporting on U.S. AP mines in Norway to Prime Minister Kjell Magne Bondevik
on 7 September 1999, to which there has been no
reply. [7] Interview with Svein
Henriksen, Mine Action Consultant, Ministry of Foreign Affairs, 25 May
2000. [8] Interview with Ministry of
Foreign Affairs, 25 May 2000. [9] ODIN
is available at: www.odin.dep.no. [10]
Report of the Permanent Delegation of Norway to the Organization for Security
and Cooperation in Europe (OSCE), 1 February 2000, p.
3. [11] Paper No. 72 (1997–98)
from the Ministry of Foreign Affairs to Parliament, p. 2, (advice on
ratification of MBT; unofficial
translation). [12] Telephone interview
with Bjarne Haugstad, Research Director, Institute for Defense Research, 21 June
2000. [13]
Ibid. [14] See report on Austria in this
edition of the Landmine Monitor Report
2000 [15] Paper No. 73 (1997–98)
from the Ministry of Foreign Affairs to Parliament, 5,2.32, (advice on
ratification of MBT; unofficial translation). In a 20 May 1998 letter to
Secretary of State Albright, then Foreign Minister Vollebaek stated
“Norway will not oppose the transit of U.S. mines over Norwegian
territory...since transit is not prohibited by the Ottawa convention.” He
also said, “The United States will be able to transport mines both in and
out of the storages in Norway during this four-year
period.” [16] This issue was
discussed at the January and May 2000 meetings of the Standing Committee of
Experts on the General Status and Operation of the
Convention. [17] Report to the OSCE, 1
February 2000. [18] Letter to Norwegian
People’s Aid from the Ministry of Defense, 28 June
2000. [19]
Ibid. [20]
Ibid. [21] Telephone interview with
Ministry of Defense, 29 June 2000. [22]
Landmine Monitor Report 1999, pp. 639-670. The 20 May 1998 letter from Vollebaek
to Albright stated, “US anti-personnel mines and mixed munitions may
remain prepositioned in Norway during this four-year period [after entry into
force].” [23] Information provided
to Human Rights Watch by U.S. Government sources, March
1999. [24] Article 7 Report, Form C, 26
August 1999. [25] Letter to Norwegian
People’s Aid from the Ministry of Defense, 28 June
2000. [26] Ibid. (unofficial
translation). [27] Letter from Minister
of Foreign Affairs Vollbaek to NPA, 6 July
1998. [28] Data on funding from Ministry
of Foreign Affairs, May 2000; a detailed breakdown of these contributions is
available on the UN Mine Action Investment database; abbreviations: UNOCHA
– UN Office for Coordination of Humanitarian Assistance, UNDP – UN
Development Program, CMAC – Cambodia Mine Action Center, WEU –
Western Union, OAS- Organization of American States, TMA – Thailand Mine
Action Center, IPPNW – International Physicians for the Prevention of
Nuclear War, AMAC – Assistance to Mine-Affected Communities, PRIO - Peace
Research Institute of Oslo, WHO – World Health
Organization. [29] Email from the
Ministry of Foreign Affairs, 29 June
2000. [30]
Ibid. [31] For more information, see:
www.nfdr.dk [32] Letter from AMAC; see
also: www.prio.no/amac. [33] Ministry of
Foreign Affairs meeting with NGOs, Oslo, 7 June
2000. [34] Third World Network, Save
Lives, Save Limbs, (Penang: Third World Network, 2000), ISBN 983-9747-42-8; see
also: tmc@rito.no.
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