Key developments since May 2002: France
increased its mine action funding in 2002 to more than $3.5 million. France has
served as co-chair of the Standing Committee on Victim Assistance and
Socio-Economic Reintegration since September 2002. The mandate of the National
Commission for the Elimination of Antipersonnel Mines was renewed in October
2002 for another three years.
Mine Ban Policy
France signed the Mine Ban Treaty on 3 December
1997, ratified it on 23 July 1998 and became a State Party on 1 March 1999. It
had previously enacted national implementation legislation on 8 July 1998.
Export of antipersonnel mines ceased in 1993 and production stopped in
1995.[1] France’s
antipersonnel mine stockpile of 1,098,281 mines was destroyed from 1996 to 20
December 1999. France does not possess Claymore-type directional fragmentation
munitions.[2]
France submitted its Article 7 transparency report for calendar year 2002 on
20 April 2003. This included the voluntary Form J giving details of mine action
assistance. France has previously submitted four Article 7
reports.[3] In November 2002,
France voted in favor of UN General Assembly Resolution 57/74, which calls for
universalization and implementation of the Mine Ban Treaty.
France attended the Fourth Meeting of States Parties in September 2002, where
it became co-chair of the Standing Committee on Victim Assistance and
Socio-Economic Reintegration. France actively participated in the various
Standing Committee meetings in February and May 2003. At the February meeting,
France confirmed the 1998 Army Chief of Staff directive that contains detailed
and extensive prohibitions related to joint military operations with non-States
Parties.[4] France, in concert
with a number of other States Parties, promoted multilingualism in the
intersessional work program, which it believes has facilitated the participation
of delegations from mine-affected countries in Africa, Asia, and Latin
America.[5]
On 1 November 2002, France appointed Gérard Chesnel as its new
Ambassador for Mine Action. He reported that in 2002 France continued to
promote universal acceptance of the Mine Ban Treaty, with numerous bilateral
contacts undertaken, including with Afghanistan which acceded to the treaty in
September 2002.[6] Handicap
International (HI) expressed the view that France’s universalization
efforts, and other aspects of involvement in the landmine issue, were hampered
by the departure of the previous Ambassador for Mine Action in July 2002 and the
delay before appointing his replacement, as well as the presidential and
legislative elections in the second half of the year
France continued to give priority to compliance matters and Article 8 of the
treaty. Ambassador Chesnel stated that France’s aim is to convince States
Parties of the practical measures which could be taken in order to ensure
compliance with the treaty; this should be done in the context of the 2004
Review Conference, but without re-opening the treaty
text.[7]
The Commission Nationale pour l’Elimination des Mines Anti-personnel
(CNEMA, the National Commission for the Elimination of Antipersonnel Mines) has
the legal mandate to ensure full implementation of the Mine Ban Treaty,
including assistance to mine action projects and mine survivors in other
countries. Its mandate expired on 8 June 2002 and was renewed in October 2002
for another three years, with the same membership and
presidency.[8]
Brigitte Stern, President of CNEMA, gave a presentation on compliance matters
at a Standing Committee meeting in February 2003. CNEMA’s new report for
2001-2002 was due to be presented to the Prime Minister in August 2003; CNEMA
approved the report in April and Landmine Monitor has a copy. The report
reviews French participation in the universalization and implementation of the
Mine Ban Treaty, and issues of particular relevance to France, including
antipersonnel mines retained under Article 3 of the treaty and antivehicle mines
with sensitive fuzes or antihandling
devices.[9]
Antivehicle mines with sensitive fuzes and antihandling devices
At the Fourth Meeting of States Parties, France reiterated its position that
antivehicle mines should only be dealt with in the context of the Convention on
Conventional Weapons (CCW). The legal interpretation adopted by France is that
the description or categorization of a weapon derives from its design concept;
only weapons created from the outset as dual purpose – both antivehicle
and antipersonnel – could be considered to fall with the Mine Ban
Treaty.[10] This view was
stated also at the Standing Committee meetings in February
2003.[11] According to the
French Ambassador for Mine Action, the Mine Ban Treaty “deals only with
antipersonnel mines... The definition given by Article 2 shows unambiguously
that the design of a weapon is the determining criterion for its
categorization.”[12] At
the May 2003 Standing Committee meetings, France opposed a proposal of the
International Committee of the Red Cross to do expert work on antivehicle mines
with sensitive fuzes within the Mine Ban Treaty
context.[13]
Six types of French antivehicle mines which may function as antipersonnel
mines have been identified by CNEMA and were included in the Landmine Monitor
Report 2002. In March 2003, HI presented a report detailing the
antipersonnel characteristics of these mines to the French
government.[14]
The CNEMA report for 2001-2002 noted that one of the six types, MIACAH F1
with a breakwire fuze, had been withdrawn from service in
2001.[15] CNEMA is still
concerned about the activation system of the MICAH F2. Initial research has not
been conclusive and a new study is in progress by the army, in collaboration
with Belgium.[16] CNEMA
recommended physical adaptation of ACPR F1 mine to prevent its use in
anti-demining mode, and testing of the mine’s magnetic
sensitivity.[17] CNEMA also
recommended that measures be taken to ensure that HPD F2, HPD F3, and MI AC Disp
F1 mines are not activated by the unintentional presence of a
person.[18]
Mine Retained under Article 3
France opted to retain antipersonnel mines for training and research.
National legislation sets the maximum to be retained as
5,000.[19] At the end of 2002,
4,462 antipersonnel mines were retained, comprising 4,250 French mines and 212
foreign mines.[20] The quantity
retained on 1 January 2002 was 4,479, suggesting that 17 mines were consumed
during 2002. However, France’s Article 7 report did not identify how many
mines were consumed, nor for what specific purposes. CNEMA’s report
revealed that 23 mines were destroyed, and six new mines were
obtained.[21] The mines were
used in the “service des programmes d’armements terrestres
(SPART),” for which Ambassador Chesnel gave detailed
accounting.[22]
Asked to explain the reasons for retaining this quantity of antipersonnel
mines, Ambassador Chesnel explained that current consumption was relatively low
(17 mines in 2000, 47 mines in 2001, 23 mines in 2002), but future needs may be
greater. It is thought preferable to retain a quantity adequate for potential
future needs, rather than face the difficulty of acquiring more mines
later.[23] The Ministry of
Defense added that the military may need mines for research and development in
clearance, training, and testing of
equipment.[24]
France is a State Party to the Convention on Conventional Weapons (CCW) and
its Amended Protocol II. It submitted an annual report in accordance with
Article 13 of the Protocol on 11 October 2002, and attended the Fourth Annual
Conference of States Parties to the Protocol in December 2002. France supported
the establishment of a Governmental Group of Experts to consider the issue of
explosive remnants of war, and considers this to be a priority
issue.[25]
Mine Action Funding and Assistance
France’s annual donor report to the United
Nations indicates funding for mine action in 2002 totaling
US$3,532,345.[26] CNEMA has
reported total bilateral French funding of mine action in 2002 was
€3,779,886 ($3.59
million).[27] France’s
Article 7 report for 2002 provides narrative details of mine action assistance
in its Form J, and Ambassador Chesnel has provided financial details for
projects, many of which are multi-year. However, neither source gives total
mine action funding in 2002.
The 2002 total of approximately $3.5 million compares with funding of $1.1
million in 2001, as reported by France to the United
Nations.[28] However, France
reported to Landmine Monitor a total of €3 million in mine action funding
for 2001 (which included the sum of two-year projects for Cambodia and
Mozambique). None of these totals include research and development, in-kind
assistance provided by the Ministry of Defense, and a number of other funding
items noted later in this section.
In June 2003, CNEMA expressed concern that funding for mine action in 2003
and 2004 will be at significantly lower
levels.[29]
In 2002, mine action funding was allocated to 11 countries, including France,
as well as to general or thematic
projects:[30]
Angola - A Fonds de Solidarité Prioritaire (FSP) donation of
€3 million (US$2.85 million) was announced in July 2002, but it is not
known if or when funds were disbursed. France also provided €74,500
($70,775) to HI for Mine Risk Education in 2002 and a further €217,500
($206,625) to HI for Mine Risk Education in Huambo province in Angola for the
period November 2002 to November
2003.[31]
Benin - €440,675 ($418,641) for local capacity building and
€179,000 ($170,050) for construction of the Ouidah Center; in 2001-2002,
€53,000 for short mission on demining and monitoring.
Cambodia - €1,225,081 ($1,163,827) comprising €106,714 to
HI to develop equipment for the Kompong Thom center extension; €76,225 to
the mine action center for demining in Preah Vihar and €76,225 to the mine
action center for demining the Koh Ker Archeological Site; €807,980 to
UNDP for mine clearance; €157,937 to UNDP for mine action center quality
assurance of mine clearance.
Croatia - €78,000 ($74,100) to the International Trust Fund for
Demining and Mine Victims Assistance (ITF) for mine clearance in Vucedol.
France - €129,581 ($123,102) comprising €60,980 to HI for
the “For a mine-free Earth” campaign and €68,601 for
functioning expenses of CNEMA.
Lebanon - €93,750 ($89,063) comprising €85,000 to the
Lebanese government for training 20 officers in mine clearance at ESAG
(l’Ecole Supérieure et d’Application du Génie) in
Angers and €8,750 for a short mission on post-training evaluation in
2002.
Mozambique - €762,245 ($724,133) to HI for demining in
Inhambane province. A national FSP of €1.17 million ($1.11 million) for
demining in Inhambane province was decided in March 2002.
Nicaragua/OAS - €155,428 ($147,657) comprising€4,878 to the Nicaraguan government for training two officers in mine
clearance and mine awareness at ESAG-Anger; in 2001-2002, €150,550 to
support demining by the Organization of American States.
Senegal - €231,874 ($220,280) comprising€228,674
to HI for victim assistance in Casamance and €3,200 for formation on
demining.
Slovenia - €2,637 for a short demining/monitoring mission in
2002.
Somalia - €76,220 ($72,409) to HI for physical rehabilitation
and local capacity building.
General or thematic projects included the following:
The ICBL received €80,900 ($76,855) for Landmine Monitor. On 17-19
April 2002, the Ministry of Foreign Affairs hosted the Landmine Monitor global
research meeting (support valued at €5,600).
The Geneva International Center for Humanitarian Demining received
€60,980 ($57,931) for a seconded staff member and €56,098 ($53,293)
for a study on the role of the military in mine
action.[32]
The ITF based in Slovenia received €45,000 ($42,750) for training of
orthopedic technicians.
France supported the intersessional Sponsorship Program with a contribution
of €52,162 ($49,554) in
2002.[33]
In addition, unspecified amounts of French multilateral funding in 2002 for
UN agencies and bodies (UNDP, UNICEF, and WHO) and the International Committee
of the Red Cross (ICRC) have been used for mine
action.[34] In 2002, the French
Red Cross contributed €95,000 to the ICRC for victim assistance in
Afghanistan.[35]
The Ministry of Defense trained 94 foreign personnel at the l’Ecole
Supérieure et d’Application du Génie in 2002. ESAG
personnel also conducted a post-training evaluation in the Lebanon and a
preparatory mission in Senegal. The Ministry of Defense has seconded one expert
to the Geneva International Center for Humanitarian Demining, several personnel
to Chad and Benin for advice and assistance on mine clearance, and personnel to
Angola and the Ukraine for mine-related
projects.[36]
Ambassador Chesnel has reported on funding of research and development. One
project, by Pegase Instrumentation for the development of a mechanized probe,
received €154,890 ($147,146) in
2002.[37] Another by Anonymate
Society is developing a more flexible protective
boot.[38]
On 3 June 2003, a French delegation including representatives of the Ministry
of Foreign Affairs, CNEMA and HI, visited Croatia’s Mine Action Center
(CROMAC) and several of its current work-sites. The delegation agreed to
provide financial support of €100,000 for demining 43,000 square meters of
land in Trpinje
municipality.[39] Also in June
2003, French provided funding of €83,000 to the ITF for demining in
Kosovo, following a request by
UNMAS.[40]
Funding Policy and Structures
French funding policy was described in previous Landmine Monitor reports.
The Ministries of Foreign Affairs and Defense are the two main governmental
bodies involved in mine action and assistance. Mine action projects funded by
the Ministry of Foreign Affairs include humanitarian mine clearance, mine risk
education and victim assistance. Victim assistance is funded only by the
Ministry of Foreign Affairs. Referring to France’s role as co-Chair of
the Standing Committee on Victim Assistance and Socio-Economic Reintegration,
Ambassador Chesnel encouraged States Parties which are mine affected to put
forward their needs and priorities in the two years leading up to the treaty
Review Conference in 2004, in order to gain a detailed picture of needs and
capacities.[41]
At the Standing Committee meetings in May 2003, the French delegation
explained the three departments of the Ministry of Foreign Affairs which are
involved in mine action.[42]
The Humanitarian Action Service (Service de l’Action Humanitaire) is
responsible for emergency medical aid and food, and mine action associated with
this. In December 2002, it provided €226,000 to HALO Trust for mine
clearance to enable the delivery of French assistance in
Angola.[43]
The Mission for Nongovernmental Cooperation (MCNG) over the period 2001-2002
funded HI for projects totaling nearly €2.5 million ($2.375 million) in
Benin, Senegal and Somalia. The MCNG also financed the HI information campaign
“For a mine-free Earth” (Pour une terre sans mines).
The Development and International Technical Cooperation Directorate (DGCID)
has annual and multi-annual budgetary headings for mine action, and includes the
three funds for solidarity (Fonds de Solidarité Prioritaire, FSP), one
general, and two national (Angola and Mozambique). The general FSP for a total
of €3 million, called the “Humanitarian Demining” FSP, was
created in 1999 and its funding ran out in
2002.[44] A new one will be
created in 2004, according to the French Minister for Foreign Affairs, Dominique
De Villepin.[45]
In addition, the Ministry of Defense provides mine action assistance in the
form of training for mine clearance and mine risk education, and the formation
of demining units.
Mine Problem and Landmine Casualties
France’s April 2003 Article 7 report refers
to an ongoing study of a mine-suspected area at the La Doudah French military
site in Djibouti, which suffered a landslide after torrential
rain.[46] Demining may be
carried out.[47] Mines and
unexploded ordnance from World Wars I and II are occasionally found in
France.[48]
In July 2002, two French soldiers with the international peacekeeping force
in Afghanistan were seriously injured while clearing mines near Kabul
airport.[49]
NGO Activities
Handicap International (HI) is a French
international NGO with 55 action plans worldwide in support of persons with
disability. As one of the co-founders of the ICBL, HI continues to work towards
universalization and implementation of the Mine Ban Treaty, increased funding
for mine action and promotion of the rights of mine victims to effective
assistance. HI also implements mine risk education and mine clearance programs
in affected areas.
Victim assistance programs are implemented in Angola, Cambodia, Ethiopia,
Guinea-Bissau, Kosovo, Mozambique, Nicaragua, Rwanda, Senegal, Somaliland,
Thailand, and Vietnam. Mine risk education programs are implemented in
Afghanistan, Angola, Bosnia and Herzegovina, Ethiopia, Mozambique, Senegal, and
Thailand. Mine clearance programs are implemented in Bosnia and Herzegovina,
Chad, the Democratic Republic of Congo, the Former Yugoslav Republic of
Macedonia, Iraq, Mozambique, Serbia and Montenegro (Kosovo), and Thailand.
Details on these programs can be found in the various country studies in this
edition of Landmine Monitor Report.
HI has initiated the creation of a regional network in four countries in
Southeast Asia (Cambodia, Laos, Thailand and Vietnam), bringing together actors
engaged in victim assistance. The project is intended to lead to the development
of national action plans to be presented to the Fifth Meeting of States Parties
in Bangkok in September 2003.
In October 2002, HI gathered several hundreds of thousands of people for its
annual Shoe Pyramid in 30 towns across France, and called on countries not
members of the treaty to accede as soon as possible. In December, all foreign
embassies were contacted, calling their attention to the mine problem and the
need to universalize the treaty. Also in December, HI published the third
edition of its annual report on mine victim
assistance.[50]
[1] Information on the decommissioning or
conversion of former production facilities has not been included in
France’s Article 7 reports. [2]
Interview with Gérard Chesnel, Ambassador for Mine Action, Ministry of
Foreign Affairs, 21 March 2003. [3]
Article 7 reports submitted on: 30 April 2003 (for calendar year 2002), 30 April
2002 (for calendar year 2001), 11 July 2001 (for the period 1 April 2000-1 March
2001), 3 May 2000 (for the period 1 August 1999-31 March 2000), 26 April 1999
(for the period 1 March-31 July
1999). [4] Intervention by France,
Standing Committee on the General Status and Operation of the Convention,
Geneva, 7 February 2003 (Landmine Monitor notes). For the contents of the
directive, see Landmine Monitor Report 2002, p.
265. [5] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [6]
Ibid. [7]
Ibid. [8] Letter to Brigitte Stern,
President of CNEMA, from the French Prime Minister, Jean-Pierre Raffarin, 14
October 2002. [9] CNEMA, “Rapport
2001-2002,” Paris, 2003. [10]
Intervention by France, Fourth Meeting of States Parties, Geneva, 16-20
September 2002 (Landmine Monitor
notes). [11] Intervention by France,
Standing Committee on the General Status, 7 February
2003. [12] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [13] See, ICBL Interventions on
Article 2, to the Standing Committee on General Status and Operation of the
Convention, Geneva, 16 May 2003. [14]
HI, “Report to Parliament on the Convention to Ban Landmines,” March
2003. [15] CNEMA, “Rapport
2001-2002,” 2003. The reason for the withdrawal of the MIACAH F1 is not
reported. [16] CNEMA, “Rapport
2001-2002,” 2003. [17] CNEMA,
“Rapport 2000,” pp. 15-23.
[18] CNEMA, “Rapport
2001-2002,” 2003. [19] Article 3,
Law 98-564, 8 July 1998. [20] Article 7
Report, Form D, 30 April 2003. The French mines are 1,348 types 51M55 and 54M58;
1,260 type F1; 1,612 type M59; and 30 type
M61. [21] CNEMA, “Rapport
2001-2002.” [22] Letter from
Ambassador Gérard Chesnel, Ministry of Foreign Affairs, 31 March 2003.
On 31 May 2003, it was reported that the Ministry of Defense had accepted a
tender for “Technical modifications to improve the performance of
antipersonnel land mines (MADEZ) and updating of technical user manual,”
in the context of the Ministry’s SPART program. This appears to be an
error in the drafting of the contract. The MADEZ is a mini-flail used for
destroying antipersonnel mines. The Ministry has promised clarification of the
issue. Email from Arnaud d’Aboville, Capitaine de Frégate, Ministry
of Defense, 2 June 2003. [23] Letter
from Ambassador Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [24] Interview with Arnaud
d’Aboville, Capitaine de Frégate, Ministry of Defense, 24 April
2003. [25] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [26] UN Mine Action Investments
database. [27] CNEMA, “Rapport
2001-2002.” CNEMA cites the €3,779,886 total, although the programs
it then describes add up to about €200,000 more. Exchange rate €1 =
US$0.95, used throughout this report unless otherwise stated. Federal Reserve,
“List of Exchange Rates (Annual),” 6 January
2003. [28] UN Mine Action Investments
database. [29] Letter to Gérard
Chesnel, Ambassador for Mine Action, from Brigitte Stern, President, CNEMA, June
2003. [30] Unless otherwise noted,
information in this section comes from CNEMA, “Rapport
2001-2002.” [31] Information
provided by Director of West African Department, HI, July
2003. [32] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [33]
Ibid. [34]
Ibid. [35] “Statement of
France,” Standing Committee on Victim Assistance and Socio-Economic
Reintegration, Geneva, 13 May 2003. [36]
Article 7 Report, Form J, 30 April
2003. [37] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [38]
Ibid. [39] CROMAC, “The visit of
the French National Commission for Destruction of Antipersonnel Mines,”
Mine Action News,
www.hcr.hr. [40]
Meeting of the CNEMA, Paris, 18 June
2003. [41] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [42] “Statement of
France,” Standing Committee on Victim Assistance, 13 May
2003. [43] CNEMA, “Rapport
2001-2002.” [44]
Ibid. [45] Letter to HI from Dominique
De Villepin, Minister of Foreign Affairs, 9 December
2002. [46] Article 7 Report, Form C, 30
April 2003. [47] Letter from Ambassador
Gérard Chesnel, Ministry of Foreign Affairs, 31 March
2003. [48] Article 7 Report, Form C, 30
April 2003. [49] “Two French
soldiers injured in Kabul mine blast,” Associated Press, 7 July
2002. [50] HI, “Landmine Victim
Assistance: World Report 2002,” Lyon, December 2002.
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