Key
developments since May 2000: Mauritius enacted the Anti-Personnel Mines
(Prohibition) Act in April 2001. As of July 2001, Mauritius had still not
submitted its first Article 7 report, due on 27 August 1999.
On 3 December 1997, Mauritius became the first
African country to both sign and ratify the Mine Ban Treaty. On 27 March 2001,
the Anti-Personnel Mines (Prohibition) Bill was adopted unanimously by the
Mauritian National Assembly. On 10 April 2001, the Mauritian President assented
to the Bill, which was then published in the Government Gazette of Mauritius on
28 April 2001, making it law.
The Anti-Personnel Mines (Prohibition) Act
(No. 1 of 2001), provides for a total prohibition of the use, development,
production, acquisition, stockpiling, retention, and transfer of antipersonnel
landmines.[1] It makes violators
liable to penal servitude and other unspecified penalties imposed by the Court,
and it applies to violations committed in Mauritius or, in the case of a citizen
of Mauritius, elsewhere.[2] The
Prime Minister had announced in the National Assembly that a fine of up to a sum
equivalent to US$350 would be imposable, but this does not appear in the Act as
published.
As of July 2001, Mauritius had still not submitted its initial
transparency report as required by Mine Ban Treaty Article 7, although it was
due by 28 August 1999. Mauritius has stated that it plans to do so as soon as
“appropriate action” is
taken.[3] It is not clear what
would constitute appropriate action. This issue was taken up during the debates
at the National
Assembly.[4]
Mauritius did not
participate in the Second Meeting of States Parties in September 2000 and did
not attend the intersessional Standing Committee meetings in December 2000 and
May 2001. It also did not attend the Bamako Seminar on the Universalization and
Implementation of the Mine Ban Treaty in Africa, held in Mali on 15-16 February
2001. In November 2000, at the UN General Assembly, Mauritius voted in favor of
Resolution 55/33v, which calls for universalization and full implementation of
the Mine Ban Treaty.
The National Assembly debates on the adoption of the
Anti-Personnel Mines (Prohibition) Bill demonstrated considerable support for
the global ban on antipersonnel mines. Nine speakers took the floor, each
speaking in favor of a total
ban.[5] The Prime Minister, Sir
Anerood Jugnauth, believes that, “there should be renewed commitments
towards the global effort aimed at banning new production, trade, stockpiling
and use of antipersonnel mines and long-term mine
clearance.”[6] Much
emphasis was laid on the destruction brought by antipersonnel mines on
communities across the world in terms of the suffering endured by victims and
the negative socioeconomic impact, causing “cumulative setbacks to the
development
process.”[7]
The Minister
of Foreign Affairs and Regional Co-operation, Anil Kumar Gayan, referring to
information contained in last year’s Landmine Monitor report, took both
the United Kingdom and the United States to task for the stockpiling of
antipersonnel mines on Diego Garcia, territory which is claimed by Mauritius.
He promised that Mauritius would engage in an effort to render the Indian Ocean
a landmine-free zone. He also appealed to non-signatories to accede to the Mine
Ban Treaty.[8]
Mauritius
supports all resolutions taken by intergovernmental organizations condemning the
use, stockpiling, production and transfer of antipersonnel mines and condemns
all deployments of these weapons around the world, more specifically within the
Southern African Development Community
(SADC).[9] Mauritius intends to
“send the right signal that it is totally committed to a world free of
landmines”[10] and would
take a position against landmines in all international
fora.[11]
The Minister of
Foreign Affairs spoke strongly against all technological developments that would
make landmines undetectable even to sophisticated mine clearance
equipment[12] and thus more
destructive. Parliamentarians said any development of new types of mines which
would “allow countries to get
round”[13] the Mine Ban
Treaty and to circumvent international endeavors to eradicate such
devices[14] or to defeat the
efforts of those engaged in
demining[15] were to be
discouraged.
Mauritius is a party to the Convention on
Conventional Weapons and its original Protocol II on Mines, Booby-traps and
Other Devices, but has not yet ratified Amended Protocol II.
Production, Transfer, Use, and Stockpiling
Mauritius has never produced, exported or used
antipersonnel mines. An undeclared number of mines are retained for training
purposes in accordance with Article 3 of the Mine Ban Treaty. These are in the
custody of the Special Mobile Force (SMF), a wing of the Mauritius Police Force,
in a classified location.[16]
These landmines were apparently brought by Indian military personnel for
training SMF members in identifying
landmines.[17]
The
Anti-Personnel Mines (Prohibition) Act makes the transfer of landmines an
offence.[18] The authorities are
requested to exercise strict control at entry points, such as the harbor and the
airport, and to equip personnel through proper training to ensure that such
devices do not enter or transit via Mauritian
territory.[19]
Mine Action
Mauritius is yet to contribute the US$50,000 to the
UN Voluntary Trust Fund for Assistance in Mine Clearance, which it promised
during the First Meeting of States Parties in May 1999. One member of the
National Assembly raised the issue of when the government intends to honor its
pledge,[20] while others wondered
whether Mauritius should not increase its
contribution.[21]
The
Minister of Foreign Affairs encouraged the National Assembly to consider whether
Mauritius could contribute “towards victim assistance programs and
funding.” This suggestion gained the support of the
opposition.[22] As far as victim
compensation goes, the Minister wondered whether, in line with the
“polluter pays” principle, landmine producers should not bear some
responsibility in resolving the landmine tragedy.
Mauritius does not face a
landmine problem and there are no reports of any mine victims in Mauritius.
[1] Section
4(1)(a).
[2] Section 6(1).
[3] Response to Landmine
Monitor Questionnaire from the Ministry of Foreign Affairs and Regional
Cooperation, Ref. TS/M/67/1, 28 February
2001.
[4] Speech of V.
Baloomoody, National Assembly, 27 March
2001.
[5] 1) Sir Anerood
Jugnauth, Prime Minister; 2) Dr A. Boolell, Second Member for Vieux Grand Port
and Rose Belle; 3) A. K. Gayan, Minister of Foreign Affairs and Regional
Co-operation; 4) M. Dowarkasing, Third Member for Curepipe & Midlands; 5) V.
Baloomoody, Third Member for Riviere des Anguilles & Souillac; 6) M. Dulloo,
Third Member for Grand Baie & Poudre d’Or; 7) R. Daureeawoo, Third
Member for Montagne Blanche and Grand River South East; 8) R. Bhowon, Third
Member for Vieux Grand Port and Rose Belle; 9) P. R. Berenger, Deputy Prime
Minister and Minister of
Finance.
[6] Speech of Sir A.
Jugnauth, Prime Minister, National Assembly, 27 March
2001.
[7]
Ibid.
[8] Speech of the A.K.
Gayan, Minister of Foreign Affairs and Regional Co-operation, National Assembly,
27 March 2001. The countries named included China, Congo, Cuba, Egypt, Finland,
India, Iran, Iraq, Israel, Libya, Morocco, Nigeria, North Korea, Pakistan,
Russia, Saudi Arabia, South Korea, Turkey, the US, Vietnam and
Yugoslavia.
[9] Response to
Landmine Monitor Questionnaire from the Ministry of Foreign Affairs and Regional
Cooperation, 28 February 2001, Ref.
TS/M/67/1.
[10] Speech of the
A.K. Gayan, Minister of Foreign Affairs and Regional Co-operation, National
Assembly, 27 March 2001.
[11]
Speeches of P. Berenger, R. Daureeawoo, and M. Dulloo, National Assembly, 27
March 2001.
[12] Speech of A.
K. Gayan, National Assembly, 27 March
2001.
[13] Speech of P.
Berenger, National Assembly, 27 March
2001.
[14] Speech of Dr. A.
Boolell National Assembly, 27 March
2001.
[15] Speech of M. Dulloo,
National Assembly, 27 March
2001.
[16] Communication from
Mauritius Police Force to Landmine Monitor, 5 February
2001.
[17] Report in News on
Sunday, 30 March -5 April
2001.
[18] Section
4(2)(b).
[19] Speech of R.
Bhowon, National Assembly, 27 March,
2001.
[20] Speech of V.
Baloomoody, National Assembly, 27 March
2001.
[21] Speech of Dr. A.
Boolell, National Assembly, 27 March
2001.
[22] Speech of M. Dulloo,
National Assembly, 27 March 2001.