Key developments
since March 1999: The Palestinian Authority expressed its desire to join
the Mine Ban Treaty. No humanitarian mine clearance was undertaken, or planned.
There continue to be civilian casualities. Defense of Children
International/Palestine Section launched a mine awareness campaign.
Mine Ban Policy
The Palestinian Authority (PA) has not developed
into a sovereign state. The PA does not have the international legal status to
sign or ratify international treaties, including the Mine Ban Treaty. The PA was
one of twelve observer delegations to the First Meeting of State Parties to the
treaty in Mozambique in May 1999. In a statement to the plenary, the PA
representative expressed its desire “to put an end to the danger of
antipersonnel mines,” and asked states “to help make the Middle East
free of mines.”[1] In
April 2000, the PA stated its strong support for and desire to join the Mine Ban
Treaty.[2]
According to one source, the issue of mines and unexploded ordnance in the
Occupied Palestinian Territories (OPT) “has not been addressed in any of
the agreements negotiated between Israel and the
PNA.”[3] This apparent
lack of discussion would seemingly indicate that the issue is not a priority for
either the Palestinian Authority or the Israeli government. Colonel Nizar
Ammar, Head of Planning and Studies in the Palestinian General Security said,
“Authority officials have not given enough attention to this
issue.”[4] Palestinian
Legislative Council member Hatem Abdel Qader said, “To be silent only
because we are afraid that the negotiations will fail or will not take U.S. to
where we want to go is unacceptable on the part of the Palestinian
leadership.”[5]
Landmine Monitor has been unable to obtain information on possible use,
stockpiling, trade or production of antipersonnel mines by Palestinian armed
forces.
The Landmine Problem
After decades of war and on-going military
occupation, Palestinians in the Occupied Palestinian Territories have been left
with thousands of antipersonnel mines, antitank mines, and unexploded ordnance
(UXO) on their lands. Until now, international attention and awareness regarding
the problem of landmines and UXOs in the OPT has been minimal to non-existent.
The number of landmines planted in the OPT is not known. There are no
precise and comprehensive statistics available from any source. According to
Israeli and Palestinian military experts, the majority of the landmines planted
in the OPT are U.S., British, or Israeli-made mines. Most of these were laid by
British, Jordanian, and Israeli forces.
After 1967, the Israeli military occupation of the West Bank and Gaza Strip
resulted in the emplacement of more minefields along the new borders and around
dozens of military bases and training areas. In 1997 and 1998 Defence for
Children International/Palestine Section (DCI/PS) carried out a survey,
identifying 334 mine and UXO
incidents.[6] DCI/PS reports
that the West Bank areas that experience the most frequent landmine and UXO
explosion incidents are Jenin, Tulkarem, Qalqilya and Nablus. Most of the
explosions occur in the rural areas of “Zone C” (62.1%), then in
“Zone B” (20.5%), and then in “Zone A” (17.4%). In Zones
B and C, the majority of the explosions occur in the border areas and near
Israeli military training bases, and also in areas adjacent to Israeli
settlements. 40% of the explosions resulted from landmines, 39% were UXO
explosions, and in 21% of the cases the explosive device was not identified.
Israel has officially declared the locations of sixteen minefields. These
declared minefields are located as follows: Jenin District (five minefields),
Tulkarem District (one minefield), Qalqilya District (two minefields),
Bethlehem District (three minefields), Ramallah and Jerusalem Districts (three
minefields), Hebron District (two
minefields).[7] However,
Palestinian military experts believe that there are a large number of other
undisclosed minefields located in the first defense lines between Jordan and the
West Bank, in the second defense lines in the Jordan Valley and in other
strategic areas leading to the central areas of the West Bank.
Israel has acknowledged that some of the minefields in the occupied
territories have no strategic value from a military point of
view.[8] According to Major
Fathi Saeed, of the Operational Section of the Palestinian National Security
Forces, Jenin Area, “Most of the minefields in the West Bank are located
in the depth of the West Bank, where no one is threatening Israel’s
security.”[9]
Survey and Assessment
The PA has yet to initiate preparations for
demining Palestinian areas. No detailed assessment or survey has been made to
determine the extent of the mine and UXO problem in Palestine. Even the National
Security Forces have no clear idea about the scope of the problem in the OPT.
They do not have maps or records of minefields. They obtain their information
from the Israeli side.
Mine Clearance
No mine clearance has been done by the PA in the
OPT. In Zones B and C, the PA does not have the authority to clear mines. In
Zone A, where the PA does have jurisdiction, they have failed to do so due to a
variety of reasons, namely, lack of financial and technical means, equipment and
trained personnel. Indeed, the ability of the PA to clear landmines and UXO is
limited. Major Saeed said, “As Palestinian National Forces we have the
human resources to do the clearance, but these resources need training, and we
are in need of technical resources.”[10]
The Israeli government has undertaken only limited mine clearance in the OPT.
Israel has declared that it has cleared two minefields since its occupation of
the West Bank: Alnabi- Elias and Yaabad. However, a mine explosion in the
Yaabad field killed a Palestinian on 15 July 1996. Israel replied to an
inquiry from the Yaabad Municipality by stating that “the minefield is
very old. It has existed since the Jordanian period. We detected and removed
the mines that we discovered. We cannot guarantee its emptiness because the
detecting instruments cannot discover the mines if they are old. A heavy
bulldozer crossed the minefield and exploded the mines. We hope you will notify
us if anything is discovered.”[11]
The Israel Defense Forces (IDF) has stated, “The IDF takes every
measure required, including the issuing of orders, putting up fences and signs
in the areas, and providing information to local residents in order to prevent
the recurrence of these [mine and UXO]
incidents.”[12] The
statement also said that such measures “are implemented in the Judea and
Samaria region, and that the fire practice areas in Judea and Samaria are marked
and bordered according to standing army
regulations.”[13]
According to DCI/PS, twelve minefields are not properly marked or fenced.
Other fences are in need of repair, and signs (often in Hebrew and English only,
not Arabic) in need of replacement.
Mine Awareness
Defense of Children International/Palestine
Section in 1999 launched a mine awareness campaign, particularly in areas close
to minefields and military training bases. DCI/PS has secured support for its
mine awareness education programs from a variety of international organizations,
including Norwegian People's Aid, R≅dda Barner and Handicap International.
It intends to launch a pilot program in the Jenin area of the northern West
Bank, a region which is highly affected by mines and UXO.
DCI/PS conducted two sessions to train volunteers from the local community as
mine educators. The first was held in the Jenin area, and included 27 volunteer
participants. The second was located in the Tobas area, where 20 volunteers
participated. After completing the training sessions, the volunteers conducted
numerous lectures and workshops to raise the awareness of the problem of
landmines and UXO within their communities.
A coordination committee (Mine Action Committee) representing organizations
that participated in the project was created to plan, follow-up, and evaluate
the activities. This committee is comprised of representatives from DCI/PS,
National Security Forces, Palestinian Red Crescent and the YMCA. In addition, as
a part of the awareness campaign a collection of printed materials was issued,
including a poster indicating the dangers of landmines and UXOs.
On the local level, the PA (specifically the Palestinian National Security
Forces and the Ministry of Education) has cooperated with the DCI/PS mine
awareness program.The PA’s participation has been instrumental in
developing the educational programs necessary to inform the Palestinian
community about the dangers of landmines and UXOs.
Landmine Casualties
According to the 1998 study carried out by DCI/PS,
every year, dozens of casualties occur as a result of mines and UXO. The
documented cases indicate that approximately 34% of the victims are Palestinian
children.[14] Not only do
children often consider the mines and UXO to be curious objects, but many
incidents occur in areas used for grazing flocks, work often undertaken by
children.
It is difficult to ascertain the exact number of Palestinian victims, as
there has been no concerted effort to document casualties. According to Fadi
Abu Sido, Head of Armament Prohibition and Regional Security in the Ministry of
Planning and International Cooperation, “Injuries and casualties have been
happening since 1967, while work on this issue did not start before 1994, that
is after the advent of the Palestinian
Authority.”[15]
DCI/PS believes that since the beginning of the Israeli occupation in 1967,
there have been more than 2,500 landmine and UXO victims. Some of the findings
of the DCI/PS survey, based upon a random sample of 334 incidents that have
occurred since 1967 are that of the total 464 casualties: 144 were killed (31%)
and 320 were injured (69%); 34% were children under eighteen years of age; 46%
were from families who work in agriculture; 93% are males from low-income
families with minimal education. DCI/PS found that 18% of the victims have
taken legal actions against the Israeli government in order to receive
compensation for their loss. According to one account, there have been several
instances following a mine/UXO accident of the IDF interrogating or harassing
either the survivor or family
members.[16]
Survivor Assistance
No special rehabilitation assistance is provided
to landmine victims in the OPT, but there are numerous rehabilitation centers to
deal with the disabled from all aspects, including medical, psychological, and
vocational. Still, most survivors receive their medical treatment in Israeli
hospitals, either because the Israeli hospitals have strong experience in
dealing with these injuries or because Palestinians were transferred to Israeli
hospitals to have their treatment before the peace agreement between Israel and
the PLO.
There are two major health care providers for landmine victims in the OPT,
the government hospitals and the private hospitals. These two types of hospitals
are spread all over the Palestinian territories, with at least one hospital in
every Palestinian governorate. Still, the situation for Palestinian survivors
is very bad. For instance, a year after the explosion wounding 16-year-old
Burhan Shkeir, he had not received any help or financial support. His father
explained: “In order for the (Palestinian) Ministry of Health to agree to
treat him for free, it has to get a paper from the Ministry of Social Affairs.
And for the latter to complete all its legal procedures, we need a lot of time
and patience.”[17]
According to the Director of the General Union of Palestinian Disabled, "No
special disability laws are available to landmine
victims."[18] But during the
last year, the General Union of Disabled Palestinians, Rights Representative and
Advocacy Body in coordination with the Central National Committee of
Rehabilitation, and the Rehabilitation Institutions Coordinating Body in
Palestine, succeeded in passing a special law, "People with Disabilities Rights
Law,” in the Palestinian Legislative Council. This law, which was Law
Number 4 for the year, was published in the official newspaper and entered into
force on 10 October 1999. Currently, there is no national body representing the
disabled, but there are attempts to formulate the National Council for
Disability, which would represent the disabled, NGOs and the government.
[1] Statement of the Palestinian observing
delegation to the FMSP, Maputo, Mozambique, 3-7 May
1999. [2] Letter from the Office of the
Minister of Planning and International Cooperation, Gaza, 27 April
2000. [3] Fihmi Shahin, "Yesterday's War
Harvests More Victim's Today,” Haquq al-Nas (People’s Rights
magazine), LAW, the Palestinian Society for the Protection of Human Rights and
the Environment, August 1999, No. 30, p.
13. [4] Hadeel Wahdan, “Landmines,
the Hidden Terror," The Palestine Report, 22 September
1999. [5]
Ibid. [6] Defense of Children
International/Palestine Section, Report on the Field Study on the Victims of
Landmines and Remnants of the Israeli Army in the West Bank during the period
from June 1967 to February 1998: The First Report (Jerusalem: DCI/PS, 1998),
p.7. Hereinafter, DCI/PS Report
1967-1998. [7] DCI/PS, The Problem of
Landmines, Unexploded Ordnance and Munitions Remnants in the Palestinian
Territories: A Seminar Report, 25-26 March 1998 (DCI/PS: 1998), p. 14. Herafter
cited as ‘DCI/PS
Seminar.’ [8] Conclusion from the
Israeli State Comptroller's Report No. 50 A, for the Year 1999, “Mine
Laying in the Israel Defense Forces,” (Published in Hebrew and translated
unofficially) Israel government printing office,
Jerusalem. [9] Interview with Major
Fathi Saeed, National Security Forces-Operational Section, Jenin, 19 October
1999. [10]
Ibid. [11] Letter from the IDF to the
Yaabad municipality, 29 July 1996. [12]
B”Tselem, Incidents of Death and Injury Resulting from Exploding Munition
Remnants (Jerusalem: B’Tselem, July 1995), p.
13. [13] Ibid., p. 13. Note:
“Judea and Samaria” are the terms the Israeli government uses to
refer to the West Bank. [14] DCI/PS
Report 1967-1998, p. 7. [15] Hadeel
Wahdan, “Landmines, the Hidden Terror," The Palestine Report, 22
September 1999. [16]
Ibid. [17]
Ibid. [18] Interview with Ziad
‘Amr, Ramallah, 3 January 2000.
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