Key
developments since May 2001: Chile ratified the Mine Ban Treaty on 10
September 2001. The Chilean Army destroyed 14,000 stockpiled antipersonnel
mines on 13 September 2001. Chile has announced that 50 percent of its
stockpile will be destroyed by August 2002, and the rest by the end of 2003. A
National Demining Commission has been established. Landmine Monitor field
research has revealed problems with inadequate fencing and warning signs for
minefields in some areas.
MINE BAN POLICY
Chile signed the Mine Ban Treaty on 3 December 1997
and ratified it on 10 September 2001. The treaty entered into force for Chile
on 1 March 2002. A promulgation of the Mine Ban Treaty was signed on 4 January
2002, and was published in the Official Gazette on 9 March 2002. This decree
makes the Mine Ban Treaty binding domestically, but does not include penal
sanctions or other measures specifically aimed at implementing the provisions of
the treaty.[1]
Chile’s initial Article 7 transparency report is due by 28 August 2002.
Chile attended the Third Meeting of States Parties in Nicaragua in September
2001 as an observer. During the general exchange of views, Chile stated its
commitment to comply with the Mine Ban Treaty’s requirements as soon as
possible.[2]
On 9 September 2001, the Chile-Perú Permanent Committee on
Consultations and Policy Coordination, which was established in July 2001, met
for the first time, with the Ministers of Foreign Affairs and Defense of both
countries participating.[3] One
of the first measures agreed on was to hold simultaneous stockpile destruction
events on 13 September 2001 in Calama, Chile and Pucusana,
Perú.[4] The Ministers
agreed on a ten-point declaration that included a commitment to eradicate
landmines from their common border as soon as
possible.[5]
In November 2001, Chile voted in favor of UN General Assembly Resolution
56/24M promoting the Mine Ban Treaty, as it had done on similar pro-ban
resolutions in recent years. During the UNGA First Committee debate, Chile
announced its ratification of the treaty, reiterated its commitment to
converting the region to a mine-free zone and stressed the need for
universalization of the treaty.[6]
In late November 2001, Soledad Alvear, Chile’s Minister of Foreign
Affairs proposed that “human security” be addressed regionally, and
cited the campaign to eliminate landmines as an excellent example of how to
tackle an issue that affects individual countries, but that also has regional
and international
transcendence.[7]
Chile attended intersessional Standing Committee meetings in January and May
2002, with representatives from its Geneva mission and the Ministry of Defense.
Some Chilean politicians have voiced concern that before initiating mine
clearance efforts, Chile first needs to determine new ways to efficiently defend
its borders. In November 2001, Senator Julio Canessa said landmines are
necessary to protect Chile against possible aggression from neighboring
countries, and also said that because mines are laid in unpopulated areas, the
only civilians hurt by them are those trying to avoid border
controls.[8] During fieldwork in
mine-affected regions, Landmine Monitor encountered similar attitudes. One
border control police lieutenant said Chile would be defenseless once the mines
are removed from the border.[9]
Chile is not a State Party to the Convention on Conventional Weapons (CCW),
but participated in the third annual meeting of States Parties to Amended
Protocol II of the CCW, as an observer, as well as the Second CCW Review
Conference, both in Geneva in December 2001.
The Institute for Political Ecology (IEP, Instituto de Ecología
Política) joined the ICBL in December 2001. It has published a series of
articles about Chile’s landmine problem on its
website.[10] In December 2001,
IEP offered to host the 2002 regional Landmine Monitor and ICBL meeting in Chile
during the Fifth Meeting of Defense Ministers of the Americas (18-23 November
2002).
PRODUCTION, TRANSFER, AND USE
According to the Ministry of Foreign Affairs, Chile
has not produced or exported antipersonnel mines since
1985.[11] It had previously
produced at least six different types of antipersonnel
mines.[12] Both the Army’s
Fabricaciones Militares (FAMAE) and Industrias Cardoen, a private company,
manufactured the mines.[13] In
1975, Chile imported 300,000 M-14 antipersonnel mines from the United
States.[14] On 26 April 1999,
Chile declared an official moratorium on the production, export, and use of new
antipersonnel mines.[15]
STOCKPILING AND DESTRUCTION
The total number of antipersonnel mines stockpiled
by Chile will be made known when it submits its Article 7 Report (due 28 August
2002). Estimates of 22,000 and 25,000 stockpiled mines have been given to
Landmine Monitor in the past.[16]
At the Standing Committee on Stockpile Destruction on 30 May 2002, Chile
stated that 50 percent of its stockpiled antipersonnel mines would be destroyed
by August 2002 and the remaining half would be destroyed before the end of 2003,
more than two years before the four-year treaty deadline of 1 March
2006.[17] Chile also stated that
it had already destroyed 16,000 antipersonnel mines. On 6 November 2000, the
Chilean Navy destroyed 2,000 M-16 (US) antipersonnel mines in Puerto Aldea in
Region IV, at a cost of
US$50,000.[18] On 13 September
2001, the Chilean Army destroyed 14,000 M-14 (US) and M-35 (Belgium)
antipersonnel mines in Calama.[19]
The Calama destruction took place at the same time as an event in Pucusana,
Perú, which marked completion of Perú’s stockpile
destruction. The events were intended to symbolize the desire of both countries
to reduce defense spending.[20]
The Commander-in-Chief of Chile’s Army Ricardo Izurieta, Minister of
Defense Mario Fernández, and Minister of Foreign Affairs Soledad Alvear,
presided over the event. Alvear described the destruction as showing
Chile’s commitment to peace, security, human rights, and its rejection of
violence and terrorism.[21]
LANDMINE PROBLEM
Chile has a significant landmine problem, but no
systematic or comprehensive assessment or survey has taken place to determine
the extent of the problem or the impact on civilians living in mine-affected
areas. The Army has reported 293 minefields, located in Regions I and II in the
north of the country, and in Region XII in the south, potentially affecting 17
municipalities, including three major urban centers (Arica, Calama, and
Antofagasta).[22]
The National Forestry Service (CONAF) again confirmed to Landmine Monitor
that there are mined areas in six government-protected wilderness areas in
Regions I, II, and XII.[23] In
addition, an explosive object was found in Villarica National Park in Region IX,
far from the park’s publicly accessible areas; it is unknown if the object
was an antipersonnel mine.[24] No
park rangers or visitors have ever been injured or killed by
landmines.[25]
Landmine Monitor visited a series of minefields in Region I in northern
Chile. At the “Portezuelo Cerro Capitán” minefield, 83
kilometers from Colchane, many signs and fences identifying the land as a
mine-affected had been destroyed or cut down, apparently quite recently, meaning
that any person or animal could
enter.[26] The minefield was laid
right up to the edge of both sides of an interior road that connects two Aymara
communities.
At the “Paso Huailla” minefield, 48 kilometers from Colchane,
fencing and signs were in an acceptable
state.[27] At the “Paso
Apacheta de Tillujalla” minefield, 79 kilometers from Colchane, Landmine
Monitor observed very old signs with fencing that looked new, but
loose.[28] At the “Apacheta
de Oje” minefield, 86 kilometers from Colchane, the signs and fencing were
new and in good condition.[29]
Landmine Monitor field researchers were told in northern Chile that animals
grazing along the border are still stepping on landmines and being killed,
thereby affecting the local
economy.[30]
Landmine Monitor field research in Region XII in southern Chile verified a
number of minefields located in strategic areas throughout the region. However,
local people do not consider these minefields to be a problem, and no mine
incidents have been reported in this region. No one interviewed considered
landmines as a hindrance to economic activity, since the minefields are
generally located on private land used for sheep and cattle grazing, and the
area of land is so enormous (92,000 hectares, for example), that if two hectares
are mined, it makes almost no
difference.[31]
Minefields are such a part of daily life in Region XII that everyone notices
them, but almost nobody knows they could possibly be dangerous. Some fields are
located adjacent to highways. The worst incidents involving landmines concern
livestock that enter mined areas. All of the minefields viewed during the field
research were double-fenced, although some were not very well marked. In
general, the marking and fencing was in much better condition that that observed
in the north of the
country.[32]
MINE ACTION FUNDING & COORDINATION
On 3 October 2001, the Chilean government announced
the creation of a National Demining Commission (Comisión Nacional del
Desminado, CNAD), which has been allocated a budget of CLP$90 million
(US$130,000) for the year 2002 to cover administrative and start-up
fees.[33] The official decree
creating CNAD is dated 2 May 2002, and CNAD was officially registered with the
Comptroller General’s Office on 18 June
2002.[34]
The purpose of CNAD is to coordinate mine clearance and stockpile
destruction, to establish strategies and priorities for a national mine action
plan, and to receive and distribute any funding from external
sources.[35]
In late October 2001, Defense Minister Fernández told the Senate
Defense Commission that the total cost for eliminating all mines in Chile is
estimated at US$324 million, including US$120 million for demining, US$123
million for defense items to substitute for mines, and US$81 million for
“symbolic”
demining.[36] Earlier estimates
recorded by Landmine Monitor ranged from US$250million to US$300
million.[37]
MINE CLEARANCE
When announcing establishment of the National
Demining Commission, Defense Minister Fernández said he is aware that the
ten-year period stipulated for mine removal can be renewed, but it is
Chile’s goal is to complete mine clearance in the first ten
years.[38]
However, no mine clearance is planned for
2002.[39] The most recent mine
clearance took place in April 2001, when Chilean Army engineers demined a small
area of land near the border with
Perú.[40] Landmine
Monitor did not obtain any other reports of Chilean mine clearance operations in
2001 or 2002.
On 8-9 September 2001, the Foreign Affairs and Defense Ministers of
Perú and Chile agreed to clear all mines from the Chile-Perú
border as a demonstration of confidence and
transparency.[41] The
Chile-Perú joint Security and Defense Committee (COSEDE, Comité de
Seguridad y Defensa) met on 26 March 2002 and reiterated the clearance goal, and
Chile stated it was developing a comprehensive plan to remove its mines from the
Perúvian border.[42]
MINE RISK EDUCATION
No official government or NGO mine risk education
programs are believed to be available in Chile. IEP has begun discussions with
the mayors of Chile’s mine-affected towns to establish a network of
municipalities to organize landmine awareness and prevention seminars and
workshops.[43]
In July 2001, the Army’s First Division published and started to
distribute a full-color bi-lingual (English-Spanish) brochure called
“Seguridad y Prevención” (Safety and Prevention) for tourists
visiting Region II. It includes ten recommendations on how visitors can avoid
mine accidents. The publication states that all minefields are well marked and
fenced, but notes that mines can shift due to heavy rains, and recommends that
visitors stay on roads at all times. It also provides emergency phone numbers
for military regiments and hospitals in the
area.[44]
LANDMINE CASUALTIES
In 2001, three civilians were injured and one
military officer was killed in landmine incidents. No mine casualties were
reported in the first quarter of 2002.
On 7 April 2001, a 23-year-old Peruvian civilian lost his right leg to a
landmine while attempting to enter Chile illegally near Quebrada de Escritos to
look for work.[45]
On 3 September 2001, a 31-year-old civilian received serious stomach and leg
injuries after stepping on an “explosive artifact” inside the
boundary of the Quilmo military training field in Chillán, Region VIII.
According to a report by the Third Division of the Army, Ortíz had
crossed into a training field despite the fact that it was well
marked.[46]
On 6 November 2001, a 34-year-old Peruvian civilian severely damaged both his
legs after stepping on an antipersonnel landmine when trying to enter Chile
illegally at Quebrada de
Escritos.[47] Once released
from the hospital, Chilean officials arrested him for illegally entering the
country.
On 9 November 2001, a Chilean explosives expert from the Fifth Regiment of
Army Engineers of Punta Arenas was killed outside Puerto Natales, in Region XII,
while handling an antivehicle mine during military
maneuvers.[48]
Miguel Angel Pacheco, whose left foot and ankle were damaged by an
antipersonnel landmine in November 1999, sued the government for CLP$150 million
(US$220,000) in September 2001, on the grounds that he can no longer work or
play sports. At the time of his injury Pacheco was an Army recruit and he said
his superiors had sent him to change some barbed wire near a train track,
without warning him about possible mines laid in the
area.[49]
SURVIVOR ASSISTANCE
Chilean military personnel injured by mines and
unexploded ordnance (UXO) receive care in military hospitals. There are no
specific services available from the National Health Service, private health
institutions or NGOs for civilian landmine victims in
Chile.[50] The Fondo Nacional
de Discapacitados [National Fund for the Disabled] provides social assistance
for the disabled.
On 27 February 2002, Chile ratified the OAS Inter-American Convention on the
Elimination of all Forms of Discrimination Against Persons with
Disabilities.[51] One key aim
of this treaty is to provide legislative, social, educative, and labor means for
re-integration into society.
[1] Promulga la Convención sobre la
Prohibición del Empleo, Almacenamiento, Producción y Transferencia
de Minas Antipersonal y sobre su Destrucción Normas Generales, Diario
Oficial Documento 4, 2002, Ministerio de Relaciones Exteriores, Subsecretario de
Relaciones Exteriores, 9 March 2002. [2]
Luis Winter, head of Special Policy at the Ministry Foreign Affairs,
“Intervención de jefe de la delegación de Chile a la III
Reunión de Estados Partes de la Convención de Uso, Almacenamiento,
Producción y Transferencia de Minas Antipersonal y sobre su
Destrucción,” Managua, 19 September
2001. [3] “Dan primer paso reducir
gastos militares,” El Comercio (Lima), 10 September
2001. [4] “Dan primer paso reducir
gastos militares,” El Comercio (Lima), 10 September 2001; Patricia Kadena,
“Chile ratifica que comprará más aviones F16 y
fragatas,” La República (Lima), 10 September 2001;
“Simbólica destrucción de minas,” El Mercurio de
Calama, Calama, Chile, 13 September 2001; “Ejército destruye 14,000
minas antipersonales en el norte de Chile,” Agence France Presse (Calama),
13 September 2001. [5] “Cancilleres
y ministros de Defensa de Perú y Chile acuerdan erradicar minas,”
Agence France Presse (Lima), 9 September
2001. [6] Statement by Ambassador Juan
Enrique Vega, Permanent Reprersentative of Chile to the Conference on
Disarmament, to the Fifty-Fifth Session of the UNGA First Committee-General
Debate, New York, 10 October 2001, p.
3. [7] “Canciller inauguró
seminario internacional de seguridad humana,” press release from the
Ministry of Foreign Affairs, 26 November
2001. [8] “Cannessa: Cómo
defenderse sin minas antipersonales,” El Mostrador (Santiago), 14 November
2001. [9] Interview with Lieutenant Eric
Huaita, Border Control Police, Colchane, 26 December
2001. [10] On 21 January 2002, for
example, IEP publicly denounced broken and non-existent fencing at the
Portezuelo Cerro Capitán minefield in northern Region I. See
www.iepe.org/econoticias. [11] Response by
the Chilean Foreign Ministry to Landmine Monitor Report 1999, provided by the
Chilean Ambassador to Uruguay, Augusto Bermúdez Arancibia, 2 February
1999. [12] For details and types see
Landmine Monitor Report 1999, p. 290. [13]
Jane’s Mines and Mine Clearance, on-line update, 19 November
1999. [14] US Army Armament, Munitions,
and Chemical Command (USAMCCOM), letter to Human Rights Watch, 25 August 1993,
and attached statistical tables. [15]
Gobierno de Chile, Declaración Oficial, “Moratoria unilateral en la
producción, exportación, importación, e instalación
de nuevas minas terrestres antipersonal,” Santiago, 26 April 1999; Letter
from María Soledad Alvear Valenzuela, Minister of Foreign Affairs, to
Jean-Benoît Burrion, Director General, Handicap International (Belgium),
dated 31 August 2000. [16] See Landmine
Monitor Report 2001, p. 393. [17] Notes
taken by Landmine Monitor (HRW) of intervention by Chile to Standing Committee
on Stockpile Destruction, Geneva, 30 May
2002. [18] Interview with Captain
Cristián Rudloff Álvarez, Chilean Navy, Buenos Aires, 7 November
2000; Interview with Verónica Chain, Ministry of Foreign Affairs, 1
December 2000. [19] “Ejército
efectuará destrucción de minas antipersonales,” Press
release by Army of Chile, 11 September 2001, “Simbólica
destrucción de minas” El Mercurio de Calama (Calama), 13 September
2001, “Ejército chileno destruyó 14 mil minas
antipersonales” El Mercurio (Santiago) source credit: Associated Press, 13
September 2001, “Ejército destruye 14.000 minas antipersonal en el
norte de Chile” Agence France Presse (Calama), 13 September 2001,
“Detonaron 14 mil minas antipersonales” El Mercurio de Antofagasta
(Antofagasta), 14 September 2001. [20]
“Chile ratifica que comprará más aviones F16 y
fragatas” La República (Lima), 10 September 2001, “Dan primer
paso para reducir gastos militares” El Comercio (Lima), 10 September
2001. [21] “Ejército elimina
14 mil minas de sus depósitos” La Tercera (Santiago), 14 September
2001, “El ejército destruye minas en el norte” El Mercurio
(Santiago) 14 September 2001. [22]
“Financiamiento detiene desminado,” La Estrella de Arica (Arica), 10
April 2001; telephone interview with Elir Rojas, Andes Sur Action Team, 3 May
2001. For a detailed description of mined areas in Regions I and II, see
Landmine Monitor Report 2001, p.
395-397. [23] See Landmine Monitor Report
2001, p. 398. [24] Letter to Elir Rojas,
Director, MUACC from Carlos Weber, Executive Director, CONAF, ref: 215, 1 August
2001. [25]
Ibid. [26] Officer Castillo told Landmine
Monitor said that he had done an inspection two months earlier, in November
2001, and the fencing was in good condition then. Landmine Monitor field visit
to “Portezuelo Cerro Capitán” minefield, 15 January
2002. [27] Landmine Monitor field visit to
“Paso Huailla” minefield, 15 January
2002. [28] Landmine Monitor field visit to
“Paso Apacheta de Tillujalla” minefield, 26 January
2002. [29] Landmine Monitor field visit to
“Apacheta de Oje” minefield, 25 January
2002. [30] Field visits by Landmine
Monitor researcher Fabiola Fariña to Panavinto, Ancovinto, Cariquima,
Huaitane, Chuyuncane, Parajalla, and Colchane. At the “Portezuelo Cerro
Capitán” minefield, Landmine Monitor saw the carcass of a llama
that died in the year 2000 after an antivehicle mine
exploded. [31] Interview with Manuel
Oyarzún, resident of San Gregorio and member of the 92,000-hectare San
Gregorio sheep and cattle cooperative, 7 March
2002. [32] Landmine Monitor field visit to
minefields in Region XII in San Gregorio, Puerto Natales, Río Verde and
Punta Delgada, 5-10 March 2002. [33]
“Gobierno creará organismo técnico para desminar
frontera,” El Mercurio, 3 October 2001; “Defensa crea organismo para
eliminar minas antipersonales,” El Metropolitano (Santiago), 4 October
2001. [34] “Decreto de
Creación de la Comisión Nacional de Desminado (CNAD),” 2 May
2002; “Decreto Supremo de la Subsecretaría de Guerra #79,” 18
June 2002; telephone interview with Coronel Patricio Rojas, Santiago, 24 July
2002. [35] Landmine Monitor meetings with
Ramón Hormazábal, Ministry of Foreign Affairs, 22 November 2001,
and Colonel Patricio Rojas, Ministry of Defense, 23 January 2002. Ramón
Hormazábal is coordinating the commission’s creation for the
Foreign Affairs Ministry and Colonel Rojas does the same at the Defense
Ministry. [36] “Gobierno
gastará cerca de US$320 millones en desactivar minas
antipersonales,” El Mercurio (Santiago), 29 October 2001; “Gobierno
anuncia fuerte inversión para destruir minas antipersonales,” La
Tercera (Santiago), 29 October 2001; “Informe de la Comisión de
Defensa Nacional, recaído en la solicitud de la Sala del Senado, en
cuanto a estudiar los aspectos técnicos y de costo de la
aplicación de la “Convención sobre la prohibición del
empleo, almacenamiento, producción y transferencia de minas antipersonal
y sobre su destrucción”, adoptada en Oslo, Noruega, el 18 de
septiembre de 1997. Boletín No S 594-10, Senate Defense Commission
report, 9 October 2001. [37] See
Landmine Monitor Report 2001, p.
399. [38] “Defensa crea organismo
para eliminar minas antipersonales,” El Metropolitano, 4 October
2001. [39] “Gobierno creará
organismo técnico para desminar frontera,” El Mercurio, 3 October
2001; “Defensa crea organismo para eliminar minas antipersonales,”
El Metropolitano, 4 October 2001. [40]
Landmine Monitor Report 2001, p.
400. [41] “Cancilleres y ministros
de Defensa de Perú y Chile acuerdan erradicar minas,” Agence France
Presse (Lima), 9 September 2001. [42]
“Perú presenta plan para medir gastos en defensa con Chile,”
Agence France Presse (Santiago), 27 March 2002; “II Reunión del
Comité de Seguridad y Defensa del Perú y Chile (Cosede),”
Press release from the Peruvian Defence Ministry, 26 March 2002, points #3 and
#6. [43] Interview with IEP Director
Manuel Baquedano, 2 April 2002. [44]
“Editan tríptico sobre minas personales,” La Estrella del
Norte (Antofagasta), 19 July 2001; “Simbólica destrucción de
minas,” El Mercurio de Calama (Calama); 13 September
2001. [45] “Cuando intentaba
entrar ilegalmente a Chile. Peruano resultó herido por mina
antipersonal,” La Tercera (Santiago), Chile, 9 April 2001; “Pierde
pie derecho por ingresar en forma ilegal a Chile,” El Comercio, 10 April
2001; Editorial, “Frontera con Chile,” La Industria de Trujillo
(Trujillo), 11 April 2001. [46] Landmine
Monitor was not able to get official confirmation on the type of artifact, but
was told unofficially that an investigation carried out determined that the
artifact was not a mine, but rather some kind of UXO. Telephone interview with
Regimiento Infantería Chillán official, 24 July 2002.
“Internado grave herido por explosión en recinto militar,” El
Mercurio source credit: ORBE, 3 September
2001. [47] “Peruano herido por
mina antipersonal al entrar a Chile,” El Mostrador, 7 November
2001. [48] “Ejercito reconoce 105
campos minados,” La Tercera, 12 November
2001. [49] “Ex recluta pide $150
milliones,” Las Ultimas Noticias (Santiago), 27 September
2001. [50] See Landmine Monitor Report
2000, p. 312. [51] “Chile ratifica
convención Interamericana para eliminar discriminación contra
discapacitados,” OAS Press Release, 27 February 2002.