Key
developments since May 2001: South Africa has continued to play a leading
role in the intersessional work program of the Mine Ban Treaty and was
instrumental in the establishment of the treaty’s Implementation Support
Unit. It has also been a leader in promoting universalization and full
implementation of the Mine Ban Treaty in Africa.
MINE BAN POLICY
South Africa was the third country to sign the
Mine Ban Treaty on 3 December 1997. It ratified on 26 June 1998, and the treaty
entered into force on 1 March 1999. In May 2002, South Africa’s Foreign
Minister assured the ICBL that “As a State Party that is committed to the
terms of the Treaty, South Africa remains active in the universalization of the
MBT [Mine Ban Treaty]. In this context, South Africa participates in the
discussions of the Universalization Contact Group and uses bilateral contacts to
encourage the ratification of the MBT amongst African
countries.”[1] At the
Third Meeting of States Parties in September 2002, South Africa said it
“firmly believes that the Mine Ban Convention has irreversibly established
itself as the international norm in banning anti-personnel mines.... we cannot
de-mine today simply to re-mine tomorrow, and the only guarantee we have to
prevent re-mining is to implement policies banning antipersonnel
mines.”[2]
Under its Constitution, South Africa is bound by all international agreements
it signs once both the National Assembly and the National Council of Provinces
have approved them, at which time the international agreement becomes national
law.[3] Since 1999, South Africa
has been developing implementation
legislation.[4] In June 2001,
Mines Action Southern Africa (MASA) –
the national member of the International Campaign to Ban Landmines –
was requested by the Defence Secretariat and the South African
government’s MBT Enabling Legislation Drafting Committee to organize a
number of workshops to facilitate civil society input into South Africa's
domestic legislation. Six workshops were held including three with the mine
clearance community and three with a range of non-governmental organizations.
The draft document was approved by Cabinet on the 29 May 2002 and, as of July,
was being reviewed by the State's legal advisors before being debated by various
Parliamentary Standing Committees and the National Assembly for Parliamentary
promulgation.[5] It is
envisaged that the South African parliament will approve the “Prohibition
of Anti-Personnel Mines Bill” before the Fourth Meeting of States Parties
in September 2002.[6] MASA is
confident that South Africa's legislation will be seen by the international and
regional community as “international best practice,” as its
definition of antipersonnel mine refers specifically to its impact or effect and
because it makes provision for not only international inspections, but also
domestic inspections to enforce compliance.
As with previous meetings of States Parties, the government sent a large
delegation to the Third Meeting of States Parties to the Mine Ban Treaty in
September 2001 in Managua, Nicaragua. In its statement to the Meeting, South
Africa called for universalization initiatives to be coordinated in both a
structured manner and in such a way that specific regional and sub-regional
sensitivities and priorities are
considered.[7] It also played
an instrumental role in the establishment of the treaty’s Implementation
Support Unit (ISU), for which it pledged US$3,000 in support. South Africa led
consultations on formation of the ISU, and drafted the concept paper for
presentation at the Coordinating Committee, mission briefing and Third Meeting
of States Parties. The ISU is based at the Geneva International Center for
Humanitarian Demining (GICHD); South Africa is a member of the Council of
Foundation of the GICHD.
South Africa continues to play a leading role in the intersessional work
program and the various Standing Committees; it was an active participant in the
Standing Committee meetings in both January and May 2002. South Africa has
said, “We are heartened by the fact that States Parties, other States, the
ICBL, ICRC and many other nongovernmental and international organisations have
participated actively in the work of all the Committees. Together we have
through the continued spirit of inclusivity and partnership lived up to the
intentions of the negotiators at
Oslo.”[8]
South Africa also was an active contributor to substantive and practical
planning for the Third and Fourth Meetings of States Parties and to initial
thinking about the process leading up to the Review Conference in 2004.
South Africa submitted its annual updated Article 7 transparency report on 28
May 2002, covering calendar year
2001.[9] South Africa
cosponsored and voted in favor of UNGA Resolution 56/24M in November 2001,
calling for universalization and implementation of the Mine Ban Treaty.
South Africa has been a state party to the Convention on Conventional Weapons
(CCW) since October 1995 and its Amended Protocol II since June 1998. The
government participated in both the Annual Meeting of Amended Protocol II and
the Second Review Conference of States Parties to the CCW in December 2001 in
Geneva, and was elected as one of 10 Vice-Presidents of the Conference.
In its statement, South Africa observed that, 18 years after the
Convention’s entry into force there were only 88 State Parties and
stressed that the promotion of wider accession should be a high priority for the
Review Conference.[10] It
proposed that there should be regular meetings of the States Parties in order to
foster closer cooperation and consultation among them and to encourage further
accessions. South Africa asserted that the CCW and the Mine Ban Treaty were not
mutually exclusive, since the former goes beyond the realm of one specific
weapon. The international community’s ultimate objective should be
universal accession to the Mine Ban Treaty and to the CCW and its annexed
Protocols.[11]
South Africa supported the call for an extension of the scope of the CCW to
non-international conflicts and the proposal that a group of experts should
undertake work on explosive remnants of war (ERW) with a view to a future
legally binding instrument on ERW. South Africa also submitted a Working Paper
on “Additional Articles on Consultations and
Compliance.”[12] Because
there were no changes to South Africa’s original report, it did not submit
Amended Protocol II Article 13 reports in 2000 and
2001.[13]
Universalization in Africa
South Africa is an active member of the Southern
African Development Community (SADC) Mine Action Committee. This Committee met
in June 2002 to finalize five EU/SADC funded projects, develop future mine
action programs for the region, and to discuss the Committee's role in promoting
the Mine Ban Treaty among member states. This Committee falls under the newly
created SADC Organ on Politics, Defence, and Security Co-operation.
Also in June 2002, SADC, under the auspices of this Committee, convened a
meeting of Southern African mine operators in Luanda, Angola. The meeting
discussed the problems faced by mine action operators in the region, the
development of a regional network, and the establishment of regional standards.
It also discussed the need to facilitate resource and investment
mobilization.
South Africa, along with Nigeria and Senegal, has developed a strategic
framework to enhance poverty eradication in Africa and to place African
countries, both individually and collectively, on a path of sustainable growth
and development in the world economy. As a political framework, the New
Partnership for Africa's Development (NEPAD) recognizes that combating the
illicit proliferation of small arms, light weapons and landmines is one of the
important conditions for sustainable development. NEPAD was endorsed by all
African leaders at the Organization of African Unity summit on 11 July 2001.
The International Committee of the Red Cross (ICRC) Regional Delegation in
Pretoria, under the auspices of the South African Ministry of Foreign Affairs,
held its second annual regional seminar on international humanitarian law (IHL).
Governmental representatives from Ministries of Foreign Affairs, Defense,
Justice, and Police from 12 of the 14 SADC member states attended the seminar,
which took place in Pretoria from 21-23 May 2002. One workshop was dedicated to
the domestic legislation required to implement the Mine Ban Treaty and used
South Africa’s recent experience as an example.
PRODUCTION, TRANSFER, STOCKPILING AND USE
South Africa is a past producer and exporter of
antipersonnel mines.[14] It no
longer has an antipersonnel landmine production
capability.[15]Destruction of its stockpile of mines was completed by October
1998.[16] In June 2002, a trunk
containing a cache of old military equipment was discovered in Durban harbour's
Maydon Wharf. Police found among other items two landmines that were described
as potentially dangerous and
unstable.[17]
South Africa retains a number of antipersonnel mines for the training of
soldiers to deal with antipersonnel mine threats during peacekeeping operations,
as well as for the development of effective demining equipment, demining
research purposes and military/civilian education purposes as provided for under
Article 3 of the Mine Ban
Treaty.[18] In 1997, the South
African National Defense Force (SANDF) transferred 5,000 retained mines to
Mechem.[19] In its Article 7
reports, South Africa has reported that Mechem used 170 Rain 51103-05
antipersonnel mines for demonstration and training purposes in 1999, another 325
in 2000, and another 50 in 2001. Thus, as of 31 December 2001, 4,455 Rain
51103-05 mines remained in stock, under the control and authority of the Council
for Scientific and Industrial Research’s
Defencetek.[20]
MINE ACTION
Mozambique: Between 1995 and September
2001, a large number of mines, both antipersonnel and antivehicle, were
destroyed under a bilateral cooperation agreement on arms destruction between
the South African Police Service (SAPS) and the Police of the Republic of
Mozambique (PRM), called Operation Rachel. The aim of Operation Rachel is to
destroy arms caches left in Mozambique following that country's civil war and
transition to democratic rule. Between May and September 2001, 48 antipersonnel
mines were destroyed through this
process.[21] In a three-week
operation in May 2002, an additional 39 antipersonnel mines and four antivehicle
mines were also recovered and
destroyed.[22]
Afghanistan: In January 2002, South Africa pledged to assist
Afghanistan with demining. On her return from the Tokyo Conference where about
US$4.5 billion was pledged toward Afghanistan’s reconstruction, Foreign
Affairs Minister Nkosazana Dlamini-Zuma, stated that “ridding the country
of mines was vital towards the safety and security of Afghan civilians”
and while South Africa "could not pledge any money for Afghanistan, it was
prepared to cooperate in the area of demining" as it had the necessary
technology.[23]South Africa would seek to cooperate with other countries, particularly
Sweden and Japan, in this regard.
Ethiopia: In April 2002, a delegation from the Ethiopian Mine Action
Office held a series of meetings with South African entities involved in mine
action about their assisting Ethiopia with mine clearance. It is envisaged that
South Africa will become involved in mine clearance operations in Ethiopia
sometime in 2002.
Mechem Consultants, a specialized engineering division and subsidiary
of the South African state-owned arms company Denel, has been involved in the
detection of landmines, protection against landmine explosions, and in clearing
of minefields for over four decades. In March 2001, Mechem's research and
development wing was sold to the Council for Scientific and Industrial Research
(CSIR), a parastatal falling under the Department of Arts, Culture, Science, and
Technology. The operational part of Mechem remains in the Denel group. As a
State-owned enterprise, Denel would still be undertaking humanitarian mine
clearance on behalf of the
government.[24] Mechem has, in
the past, been contracted by UN agencies, governments, and private electrical or
road-building companies for demining operations in various locations including
Mozambique, Angola, Bosnia, Croatia, and northern Iraq. Mechem maintains
offices in both Bosnia and Croatia. In 2002, it is working in Kurdistan,
northern Iraq, removing mines around power lines, providing Evaluation and
Assessment services and training Kurds as dog
handlers.[25] From March to
October 2001, Mechem returned to Mozambique under a Japanese-funded contract
with the government of Mozambique to clear
mines.[26]
Other South African-based firms: In addition to Mechem, there are
several other South African-based firms offering mine action services, including
Pretoria-based BRZ
International.[27] The regional
office of Carlos Gassmann Tecnologias De Vanguarda Aplicadas Lda (CGTVA) is
located in South Africa, as is European Landmine Solution (ELS). CGTVA worked
in Mozambique during 2000; ELS-Africa has worked with CARE in Angola. TNT
De-mining focuses mainly on the training and provision of demining personnel at
all levels. The Institute for Military Engineering Excellence in Southern Africa
(IMEESA) provides, among other services, training in demining, mine awareness
programs, management of demining projects and surveying. UXB Africa provides a
number of turnkey services including in the area of unexploded ordnance (UXO)
and customized landmine-related training
courses.[28] Demining
Enterprises International (DEI) supplies fully trained mine detection dog teams
internationally. Another company called Specialist Dog Services (SDS) breeds
mine detection dogs and trains handlers and has operational experience through
activities undertaken under the auspices of Mechem, BRZ International Ltd, Tamar
Consulting Services, CGTVA, The Humanitarian Foundation of People Against
Landmines (MgM), Mozambique Mine Action, Handicap International, United Nations
Office for Project Services, and Afrovita in countries such as Angola, Croatia,
Mozambique, Namibia, Northern Iraq and Uganda.
MINE ACTION RESEARCH AND DEVELOPMENT
South Africa has emerged as a leader in the field
of mine clearance equipment and believes that it possesses leading demining
technology and expertise, as well as medical capability and experience to assist
mine victims. In South Africa, demining equipment is classified as armaments
and, as such, sales and exports by South African companies are controlled and
regulated by the government. Mechem has a number of research contracts with the
US government and private companies. Other key South African research and
development companies include: RSD, a division of Dorbyl Ltd; UXB, an American
company with offices in Cape Town; Reutech Defense Industries (RDI); Vickers
OMC; Armscor; and, the Center for Scientific Information and
Research.[29] DEMCO (PTY) LTD,
a demining equipment manufacturing company, combines landmine clearing with
infrastructural development. DEMCO has developed a landmine detonating mechanism
that can be fitted to a range of earthmoving machines such as bulldozers,
loaders, and excavators.[30]
Securicor Gray (Africa) offers survey and quality assurance services, landmine
clearance and UXO disposal teams, as well as community mine risk education
training.
Other companies and organizations active in the mine action field as
researchers, policy formulators, evaluation, conference organization, and
facilitators include: Management & Conference Services Africa (Pty) Ltd;
Mines Action Southern Africa; South African Institute for International
Relations (SAIIA); and the African Demining Institute. A regional workshop on
“Humanitarian Mine Action and Development: the Missing Link?” is
being planned by the Finnish-funded SAIIA Landmine Project for October 2002.
A number of these organizations held a meeting in April 2002 with relevant
sections of the Department of Foreign Affairs. Arranged by the newly formed
African Demining Institute, discussion centered on: the need for all operators
to adhere to UN Mine Action Service standards; regional accreditation;
corruption in the industry; and how to develop more appropriate channels of
communication between mine action operators and government.
CASUALTIES AND SURVIVOR ASSISTANCE
In April 2002, a South African deminer under
contract with Empresa Moçambicana de Desminagem, Lda (EMD) was seriously
injured in an incident in
Mozambique.[31]
In May 2002, a newly established South African Company, Africa Medical
Assistance (ASA), entered into an agreement with the Institute for National
Social Security in Burundi for the supply of prostheses. The first phase of the
project is prostheses for approximately 100 patients. The provision of
prostheses is linked to a physical rehabilitation training program and support
for local authorities.[32]
South Africa provides a number of international humanitarian organizations
with financial and material aid aimed mainly, but not exclusively, at SADC
member States. In fiscal year 2001-2002, the ICRC received a donation of
R200,000 (US$20,000) specifically for the rehabilitation of landmine survivors
in Angola.[33] South Africa has
reported that in fiscal year 2000-2001 it donated R350,000 (US$35,000) to the
ICRC for the rehabilitation of mine survivors in the SADC
region.[34]
[1] Letter from Dr. Nkosazana Dlamini Zuma,
Minister of Foreign Affairs, to Ms. Elizabeth Bernstein, ICBL Coordinator, 23
May 2002. [2] Statement by Thomas
Markram, Deputy Permanent Representative of South Africa to the Office of the
United Nations and other International Organisations in Geneva, to the Third
Meeting of States Parties, Managua, Nicaragua, 18 September
2001. [3] The Constitution of the
Republic of South Africa, Act 108 of 1996, Chapter 14 231(4), (Wynberg:
Constitutional Assembly, 1997). [4]
Article 7 Report, 1 September 1999. [5]
Interview with Mr. D. Dladla, Defense Secretariat, DOD: Policy and Planning, 5
June 2002. [6] “The Prohibition of
Anti-Personnel Mines Bill,” (Version 6:A), 20 February 2002. The Bill will
provide for the implementation and enforcement of the Mine Ban Treaty in South
African Law, ensuring the destruction of antipersonnel mines, and providing for
domestic inspections, for international fact-finding missions to South Africa,
for domestic as well as international cooperation; and for other matters
relating to the obligations of the Republic under the
Convention. [7] Statement by Thomas
Markram, Third Meeting of States Parties, 18 September
2001. [8]
Ibid. [9] Article 7 Report, Form D, 28
May 2002. [10] Statement by Ambassador
George Nene to the Second Review Conference of the High Contracting Parties to
the CCW, Geneva, 11 December 2001. [11]
Ibid. [12] Report of the Second Review
Conference of the States Parties to the Convention on Prohibitions or
Restrictions on the Use of Certain Conventional Weapons Which May be Deemed To
Be Excessively Injurious Or To Have Indiscriminate Effects, Geneva, 11-21
December 2001. [13] Interview with
Bennie Lombard, Councillor, South African Mission, Geneva, 27 May
2002. [14] For information on past
production, transfer, and stockpiling see Landmine Monitor Report 1999, pp.
83-84, Landmine Monitor Report 2000, pp. 103-104, and Landmine Monitor Report
2001, pp. 148-149. [15] Article 7
Report, 1 September 1999. [16] As
reported in Landmine Monitor Report 2000, p. 104, this included about 309,000
mines. An additional 2,586 antipersonnel mines that were found or seized were
destroyed in 1999. [17] F. Ismael,
“Stevedore's 'Treasure Chest' a Big Letdown,” Sunday Tribune, 1 June
2002. [18] South African National
Defense Force, “Fact Sheet: South Africa's Initiatives on Banning
Anti-Personnel Landmines,” 8 September 1999; South African National
Defense Force, "Fact Sheet: South Africa's Initiatives on Banning Anti-Personnel
Landmines," 6 April 2001. See also, Article 7 Report, Form D, 1 September 1999
and Article 7 Report, Form D, 28 May
2002. [19] Article 7 Report, Form D, 1
September 1999. [20] Article 7 Report,
Forms D and G, 28 May 2002. [21] E.
Hennop, “Operations Rachel, 1995-2001,” Institute for Security
Studies Paper 54, November 2001. [22]
Statistics of Operation Rachel VIII (1),” Special Task Force, South
African Police Service, 11 June
2002. [23] “SA to help demine
Afghanistan,” South African Press Association, 24 January
2002. [24] Solomon Makgale, “Denel
Signs R10m Contract with CSIR,” Business Report, 30 March
2001. [25] Lumka Oliphant,
“Sniffing Out Landmines in Kurdistan,” Saturday Star, Johannesburg,
27 January 2001. [26] Interview with
Braam Rossouw, Mechem Consultants, 9 April
2001. [27] See Landmine Monitor Report
2000, p. 106, for BRZ mine action
activities. [28] See:
www.uxb.com. [29]
Landmine Monitor Report 2000, pp.
107-108. [30] See
http://www.demcomine.com. [31] De Wet
Potgieter, “Landmyn Tref Ororlogsheld Wat Vrederswerk Doen,”
Rapport, 21 July 2002. [32] Interview
with Christo Schutte, Africa Medical Assistance, 2 July
2002. [33] Information provided by
Humanitarian Affairs, Department of Foreign Affairs, South Africa, 8 April
2002. [34] Article 7 Reports, Form J, 17
September 2001 and 28 May 2002.
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