LM Report 2001

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MALAYSIA

Key developments since May 2000: In January 2001, Malaysia completed the destruction of all 94,721 antipersonnel mines in its stockpile. Malaysia has served as the co-chair of the Standing Committee on Stockpile Destruction since September 2000. Domestic legislation, the Anti-Personnel Mines Convention Implementation Act 2000, took effect on 15 June 2000.

Mine Ban Policy Stockpiling and Destruction Use, Production, and Transfer Landmine Problem, Mine Action, Landmine Casualties

Mine Ban Policy

Malaysia signed the Mine Ban Treaty on 3 December 1997 and ratified it on 22 April 1999; it entered into force on 1 October 1999. The Anti-Personnel Mines Convention Implementation Act 2000 took effect on 15 June 2000.^[1] The Ministry of Defense (MoD), in consultation with the Attorney-General Chamber, the Ministry of Foreign Affairs and the Armed Forces drafted and promoted the legislation. The Parliament passed the legislation without any significant change, although concerns about the security needs of the country and the fact that other countries in the region have not signed the treaty were raised during the deliberations. The Mine Ban Treaty and the passage of national legislation had strong backing from the top government leadership.^[2]

In early 2001, the MoD issued a directive to the Armed Forces to review, study, and make amendments to training and warfare doctrine in view of the Mine Ban Treaty.^[3] The Malaysian Armed Forces established a “Board of Officers” aimed at monitoring, supervising, coordinating and recommending action plans required to meet national obligations as stipulated in the national legislation.^[4]

Malaysia attended the Second Meeting of States Parties in September 2000. At that time it became the co-chair of the Standing Committee on Stockpile Destruction, having previously served as co-rapporteur. In his statement to the meeting, Malaysia’s Ambassador to the United Nations said that the Mine Ban Treaty “has established a persuasive norm against landmines, a norm which has influenced an impressive number of countries into signing and ratifying the Convention.... Malaysia strongly believes that it is essential for the agenda of landmines to be placed high on the list of regional fora to complement efforts to universalize the Convention.... We would therefore like to focus our attention towards having close cooperation with our ASEAN partners in making the vision embodied by the Convention a reality.”^[5]

Malaysia participated actively in the week-long meetings of all the Standing Committees in December 2000 and May 2001. Malaysia voted in favor of the November 2000 UN General Assembly resolution in support of the Mine Ban Treaty. Malaysia submitted its first Article 7 transparency report on 1 March 2000. The second report was due 30 April 2001, but had not been submitted as of mid-June.

Malaysia participated as an observer at the Second Annual Conference of the State Parties to Amended Protocol II of the Convention on Conventional Weapons in Geneva in December 2000.

Stockpiling and Destruction

From 15-30 January 2001, Malaysia destroyed its entire stock of 94,721 antipersonnel mines.^[6] The destruction took place at three sites: Kota Belud in Sbah, Sempadi Camp in Sarawak, and Asahan Range in Malacca. Landmines were collected from all army camps and transported to focal points. It required fifty-six 3-ton trucks to transport the mines and explosives from depots in Kota Bahru, Sungai Petani, Taiping, Batu Arang and Kluang. Lt. Gen Dato Seri b Hj Mohd Said, Army Field Commander of Malaysia, and other senior Army officers led the stockpile destruction operations. The Asahan operation involved a total of 202 Army personnel. Approximately RM 6.9 million (around US$1.86 million) was spent on the operation.^[7]

Representatives of Malaysian NGOs, and the Philippine and Thai ban campaigns witnessed the destruction of the stockpile at the Asahan range in Malacca on 23 January 2001 from the observation and firing points at Kidney Hill in the Asahan Camp.

Malaysian Stockpile Destruction^[8]

Date	Venue	PMA-2	PMA-3	PROM-1	Total
15-16 January 2001	Kota Belud, Sabah	498	1,050	198	1,746
15-17 January 2001	Sempadi Camp, Sarawak	2,500	-	300	2,800
22-30 January 2001	Asahan Range, Malacca	34,740	43,943	11,492	90,175
TOTAL		37,738	44,993	11,990	94,721

Malaysia has decided not to retain any live antipersonnel mines for training or development purposes.^[9] It is keeping directional fragmentation (Claymore-type) mines for training and defense purposes.^[10] The MoD has given assurances that Claymore mines will only be used in command-detonated mode, stating that the Implementation Act provides enough punitive measures to prevent contrary use.^[11] Apparently no technical modifications have been made to the Claymore mines to ensure command-detonated use only.

Use, Production, and Transfer

The government states that Malaysia has never produced or exported antipersonnel mines, and has not used mines since the peace accord with the Communist Party of Malaysia in 1989. The entire stockpile that was destroyed consisted of mines imported from the former Yugoslavia. In early 2001, reports identified Malaysia as a country trying to acquire Claymore-type mines from South Korea (classified as K440). However, South Korea did not make the sale following protests from the US government related to licensing agreements.^[12]

Landmine Problem, Mine Action, Landmine Casualties

Malaysia has declared itself mine-free, with no mined areas remaining in the country.^[13] A special government commission visited sites on the Malaysian-Thai border in October 2000 to confirm that no mines remained planted from the insurgency in the 1960s-1980s.^[14]

The government has not contributed financially to international humanitarian mine action programs, but has provided peacekeeping forces that undertook mine clearance operations. Malaysia has expressed its willingness to provide technical advice and assistance to other countries in stockpile destruction.^[15]

Malaysian citizens and peacekeepers suffered no landmine casualties in year 2000.^[16] The government states that it has provided jobs and other medical assistance to the few Malaysian mine victims in the past.^[17]

^[1] Laws of Malaysia, Act 603, Anti-Personnel Mines Convention Implementation Act 2000. The full name of the legislation is “An Act to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction; and for other matters connected therewith.”
^[2] Interview with Commander Razali Bin Ali, Principal Assistant Secretary of the Defense Policy Division, Ministry of Defense, Kuala Lumpur, 5 April 2001.
^[3] Ibid.
^[4] Statement by H.E. Ambassador Hamidon Ali, Permanent Representative to the United Nations in Geneva, to the Second Meeting of States Parties to the Mine Ban Treaty, Geneva, 11-15 September 2000.
^[5] Ibid.
^[6] Statement by Raja Reza, Permanent Mission of Malaysia in Geneva and co-chair of the Standing Committee on Stockpile Destruction, “Stockpile Destruction Process in Malaysia – 15 January 2001.” (undated). It is notable that the number of mines destroyed exceeds the 94,263 stockpiled mines reported in Malaysia’s Article 7 report submitted on 1 March 2000.
^[7] Lt. Col. Baharudin Bin Jamin, Chief Ammunition Technical Officer, 40 Headquarters Ammunition Organization, “Brief for Army Field Commander on the Disposal of Anti-Personnel Landmine (APL) at Asahan Range on 23 January 2001,” Asahan Range, 23 January 2001.
^[8] Ibid.
^[9] Landmine Monitor Report 2000 (p. 414) reported that Malaysia will use its 46,008 non-explosive practice mines (smoke mines) for training.
^[10] Email from Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, 28 February 2001. Confirmed in interview with Commander Razali Bin Ali, Kuala Lumpur, 5 April 2001. Malaysia has imported Claymore mines from the United States and United Kingdom.
^[11] Interview with Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, Kuala Lumpur, 5 April 2001.
^[12] Jason Sherman, “Comparison may settle clash over landmine,” Defense News, 22 January 2001, p. 3.
^[13] Interview with Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, Kuala Lumpur, 5 April 2001. See also Malaysia’s Article 7 report, 1 March 2000.
^[14] Thai Campaign to Ban Landmines Press Release, “Malaysia Mine Free,” 24 January 2001; see also Statement by Amb. Hamidon Ali to the Second Meeting of States Parties to the Mine Ban Treaty, Geneva, 11-15 September 2000.
^[15] Email from Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, 28 February 2001.
^[16] Email from Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, 29 March 2001.
^[17] Email from Commander Razali Bin Ali, Principal Assistant Secretary, Defense Policy Division, Ministry of Defense, 28 February 2001 and 29 March 2001.

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