Key
developments since May 2002: Government funding for humanitarian mine
action in 2002 amounted to €20.4 million, an increase of nearly 50 percent
from 2001. The German Parliament passed a resolution in June 2002 urging the
government to work nationally and internationally toward a ban of all
antivehicle mines equipped with sensitive fuzes. In June 2003, Germany
expressed its view that antivehicle mines with breakwire, tripwire and tilt rod
fuzes “seem unable to be designed in such a way that an individual cannot
initiate the mine and are therefore not a recommended method of
detonation.”
Mine Ban Policy
The Federal Republic of Germany signed the Mine Ban
Treaty on 3 December 1997 and ratified it on 23 July 1998, becoming a State
Party on 1 March 1999. National implementation legislation was previously
enacted on 9 July 1998.
Germany announced at the Fourth Meeting of States Parties in September 2002
that the Parliament had passed a resolution without opposition in June that
called on “the United States of America, Russia, China, India and
Pakistan, both Korean states and others...to join forces with the majority and
ban antipersonnel
mines.”[1] The resolution
calls upon the government to continue to support actively the universalization
of the Mine Ban Treaty and to encourage States to meet their obligations under
the treaty.[2] Similarly,
Germany’s December 2002 report to the Organization for Security and
Cooperation in Europe described the treaty as “the comprehensive legal
instrument on the subject of antipersonnel mines; it should gain universal
acceptance.”[3]
In November 2002, Germany voted in favor of UN General Assembly Resolution
57/74, which calls for universalization and implementation of the Mine Ban
Treaty.
Germany served as the co-chair of the Mine Ban Treaty Standing Committee on
Mine Clearance, Mine Risk Education, and Related Technologies from September
2001 to September 2002. Germany participated extensively in the Standing
Committee meetings in February and May 2003 and participated in the
Universalization, Article 7 and Resource Mobilization Contact Groups, as well as
the President’s Consultations on the 2004 Review Conference. Germany was
one of five countries that offered to host the 2004 Review Conference.
At the meetings in February 2003, Germany announced that it had taken over
the chair of the Mine Action Support Group (MASG) in New York for 2003. The
MASG forum brings together major donors, as well as UN agencies and others
working in mine action. The delegation stressed that “resource
mobilization for mine action is one major purpose of these meetings of donor
countries to which the German chairmanship will also be fully
devoted.”[4]
Germany submitted its annual Article 7 transparency report for 2002 on 10
April 2003. This included voluntary Form J, giving details of mine action
funding.
In June 2002, the German Parliament passed Resolution 14/9438. It was
approved by the government parties (SPD and the Green Party) and the socialist
opposition party PDS (Party of Democratic Socialism), with the abstention of the
CDU and FDP.
The resolution urges the government to work at the national and international
level toward a ban of all antivehicle mines equipped with sensitive fuzing
systems. Specifically, the resolution requests the government to:
Encourage Ottawa Convention States Parties to reach a common understanding
by the 2004 Review Conference that all mines equipped with fuzes that are also
designed to be detonated by a person are antipersonnel mines and are covered by
the treaty;
work toward a ban within the Convention on Conventional Weapons (CCW) on all
antivehicle mines with sensitive fuzes which can be unintentionally detonated by
a person;
work toward a ban within the CCW on all antivehicle mines which are not
detectable or which are not equipped with self-destruct/self-neutralization
features;
remove step-by-step all antivehicle mines from German stockpiles which can
pose a threat to civilians;
strengthen financial support of mine action programs nationally and through
international organizations.[5]
The government parties also promised within their coalition agreement of 2002
to support a worldwide ban on all landmines posing a threat to
civilians.[6]
Germany is a party to the Convention on Conventional Weapons and Amended
Protocol II. It submitted the annual report required by Article 13 of the
Protocol on 15 October 2002. This included details of financial and other
assistance given to mine action programs in various countries to the end of
2001. Germany attended the Fourth Annual Conference of States Parties to
Amended Protocol II in December 2002.
During discussions in the CCW Group of Governmental Experts during 2002 and
2003, Germany proposed agreement on technical parameters or limits to deal with
the problem of sensitive fuzes on antivehicle mines. It presented an
“open matrix,” inviting States Parties to provide information on
existing fuzes and to identify best practices in order to minimize the risk of
accidental or inadvertent actuation; this information was presented to the Group
as a working paper.[7]
Foreign stockpiles and transit of antipersonnel mines
The United States is known to stockpile antipersonnel mines in
Germany.[8] Germany has stated
for several years that it does not consider foreign forces, or their weapons,
stationed under the 1954 Convention to be under German jurisdiction or control;
thus those forces and their weapons are not subject to the Mine Ban Treaty and
that Germany will not report on the weaponry or equipment of such forces. More
generally, however, Germany has taken the view that transit of antipersonnel
mines is prohibited.[9]
Production and Transfer
Previous production and acquisition of
antipersonnel mines, including from the armed forces of the former East Germany,
has been reported in the Landmine Monitor, as has previous export of mines.
Before entry into force of the Mine Ban Treaty, an export moratorium was enacted
in 1994 and a complete ban on antipersonnel mines was enacted in
1996.[10]
The German Initiative to Ban Landmines (GIBL) has drawn attention to the
production of delivery systems that can be used with antivehicle mines and
submunitions which may have antipersonnel mine-like effects. Euro Rocket System
GmbH (a joint company of Diehl Munitions and Lockheed Martin Corporation)
supplies the MLRS and Guided MLRS which can be used with AT-2 antivehicle mines,
equipped with antihandling devices, or submunitions like SMart 155 or
M77/M85.[11]
The EADS-Lenkflugkörpersysteme GmbH (EADS-LFK) offers the Autonomous
Freeflight Dispenser System, which can be used to deploy mines like the MIFF and
MUSPA,[12] which some States
classify as antipersonnel
mines.[13]
Stockpiling and Destruction
Germany completed destruction of its stockpile of
some 1.7 million antipersonnel mines in December 1997.
During 2002, two companies received quantities of antipersonnel mines for
destruction from foreign sources. Spreewerk Lubben destroyed 42,175
antipersonnel mines from Taiwan, including 17,986 M2, 12,145 M3, 58 M12/M12A1,
and 11,986 M14 mines. EBV destroyed 5,984 BLU 92 Gator mines, which had been
transferred from the
Netherlands.[14]
Germany’s April 2003 Article 7 report recorded a total of 2,555
antipersonnel mines retained under Article 3 of the Mine Ban Treaty. Of this
total, 2,501 mines are held by the Armed Forces at three locations. Fifty-four
mines are held by two companies for research and testing, including testing of
the Rhino mine clearance machine. At the end of 2001, 2,574 antipersonnel mines
were held, indicating consumption in 2002 of 19 mines. The purposes for which
these mines were used are not
reported.[15]
Antivehicle mines with sensitive fuzes and antihandling devices
The ICBL and many States Parties have since the inception of the Mine Ban
Treaty maintained that an antivehicle mine with an antihandling device that
explodes from the unintentional act of a person is prohibited by the treaty.
Germany is one of five States Parties that have publicly disagreed with this
legal interpretation.
Information provided to GIBL by the German Federal Ministry of Defense in
June 2003 indicated that Germany has more than 900,000 AT-2 antivehicle mines
equipped with an antihandling device. Other sources indicate that Germany has
as many as 1.5 million antivehicle mines with antihandling devices, including
more than 1.2 million AT-2, 125,000 DM 31 and 125,000 MIFF
mines.[16]
At the Fourth Meeting of States Parties, the German delegation drew a
distinction between antivehicle mines with antihandling devices, and antivehicle
mines with sensitive fuzes, stating the former are permitted, while the latter
is prohibited: “A mine fitted with a fuze—not the antihandling
device—of which the construction on purpose is designed to include the
actuation also by a person, should be considered an antipersonnel mine and
banned under the Convention, regardless of an attached label possibly calling it
an anti-vehicle mine ...” Germany called on States Parties to
“reach a common understanding to this
end.”[17]
However, the Parliamentary resolution adopted in June 2002 affirms that all
mines equipped with fuzes which are also designed to be detonated by a person
must be regarded as antipersonnel mines and are covered by the treaty. It does
not explicitly exclude antihandling
devices.[18]
As noted above, Germany has taken the lead in the CCW in trying to address
the issue of antivehicle mines with sensitive fuzes. This effort does not
include antivehicle mines with antihandling devices. In a paper distributed in
June 2003, Germany stated, “Our first thoughts are that three fuses seem
unable to be designed in such a way that an individual cannot initiate the mine
and are therefore not a recommended method of detonation.” The three were
identified as break wire, trip wire and tilt rod
fuzes.[19]
In May 2003, Germany 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. Germany’s view is that antivehicle mines do not
fall under the Mine Ban Treaty and should only be discussed in the framework of
CCW.[20]
Mine Action Funding
In 2002, Germany’s funding for mine action
projects, not including research and development funding, increased nearly 50
percent, with the largest portion going to Afghanistan. German policy, with
some exceptions, is to direct support primarily to countries that have ratified
the Mine Ban Treaty.[21]
Government funding for humanitarian mine action in 2002 amounted to
€20,430,402 (US$19.4 million), up from €13.7 million in
2001.[22] The German Ministry
for Foreign Affairs supported mine action programs in 20 countries in 2002 with
€19,192,227 ($18.2 million), including €373,434 ($354,762) allocated
to multilateral programs. Afghanistan received €6,444,530 ($6.1
million).[23] The Ministry for
Development contributed €1,238,175 ($1.18 million) for victim assistance
programs in Angola and
Vietnam.[24]
The Ministry for Foreign Affairs has budgeted a total of €19 million
($18 million) for mine action in 2003, including €5 million earmarked for
mine action in Iraq. Expenditure of the funds for Iraq will be dependent on the
cooperation of the Coalition Provisional Authority in
Iraq.[25]
In 2002 Germany dispersed mine action funding in countries as follows:
Afghanistan – €6,444,530 ($6,122,304), comprising
€2,520,915 toward the Mine-detection Dog Center, through such agencies as
UNOCHA and UNMAS, and IHS; €1,181,208 to Novib for OMAR demining costs,
and for mine awareness programs; €1,455,860 to UNMAS, in cooperation with
MCPA and UNMACA, for survey costs, and mine dog groups and EOD teams;
€247,166 of in-kind donations to UNMACA; €481,926 to Handicap
International (HI) for mine awareness programs; €226,000 to UNDP for the
Comprehensive Disabled Afghans’ Program; €195,240 to HELP, with
UNMACA and OMAR, for technical advisor costs; and €136,215 to HALO Trust
for mine detection equipment.
Albania – €300,000 ($285,000) to HELP/Swiss Federation for mine
clearance along Kosovo border.
Angola – €2,490,144 ($2,365,637), comprising €861,175 to
GTZ (Deutsche Gesellschaft fur Technische Zusammenarbeit, German Agency for
Technical Cooperation) for a physical therapy/rehabilitation center;
€485,000 to Survey Action Center for Landmine Impact Survey;
€305,148 to Menschen gegen Minen for mine clearance in Kunene Province;
€291,746 to Medico International for clearance in Moxico Province;
€201,177 to HI for mine risk education in Bengo and Cuando Cubango
Provinces; €200,668 to Stiftung Sankt Barbara for clearance in Kuvango;
and €145,230 to Dt. Welthungerhilfe for EOD teams.
Bosnia and Herzegovina – €1,692,937 ($1,608,290), comprising
€499,892 to FFG, €496,871 to DEMIRA, €487,113 to
Kölnische Franziskaner, €133,242 to HELP, and €73,309 to ZOM
Bihac for mine clearance projects; and €3,510 to GICHD for project
evaluation.
Cambodia - €1,018,489 ($967,565), comprising €918,489 to
CMAA-CMAC for mine clearance, and €100,000 to HIB for a victim information
system.
Chad - €322,272 ($306,158) to HELP for clearance.
Croatia - €800,000 ($760,000) to Arbeiter-Samariter-Bund for
clearance.
Eritrea - €99,989 ($94,990) to UNMEE-MAC for mine detector
upgrades.
Ethiopia - €200,000 ($190,000) to UNDP for a CTA advisor team.
Georgia - €160,040 ($152,038) to HALO Trust for two mine clearance
teams.
Laos - €745,212 ($707,951) to Potsdam Kommunikation for UXO/mine
clearance.
Lebanon - €27,872 ($26,478) donation of mine detectors to the Defense
Ministry.
Mozambique - €912,007 ($866,407), comprising €863,313 to
Menschen gegen Minen for mine clearance; €37,426 to ADP for protection
and a medical advisor; and €11,268 to GICHD for project evaluation.
Russian Federation - €1,200,000 ($1,140,000), comprising €1
million to ICRC for prosthetic/orthopedic center, Grozny; and €200,000 to
UNICEF for mine victim rehabilitation.
Somalia - €714,086 ($678,382), comprising €709,313 to Stiftung
Sankt Barbara for clearance, and €4,773 to GICHD for evaluation.
Sudan - €502,151 ($477,043), comprising €442,151 to UNMAS for
mine detection dogs and mine awareness activities, and €60,000 to UNICEF
for mine risk education.
Thailand - €25,565 ($24,287) to HI for a victim assistance regional
workshop.
Tunisia - €70,835 ($67,293) of mine detectors donated to the Defense
Ministry.
Vietnam - €1,539,217 ($1,462,256), comprising €615,950 to SODI
and €546,267 to Potsdam Kommunikation for mine clearance, and
€377,000 to GTZ for an orthopedic center.
Yemen - €791,622 ($752,041), comprising €728,000 to GTZ and the
German Embassy for a mine dog center, and €63,622 to UNDP for a German
expert to YEMAP.
Also, Germany contributed €113,130 to support the ITEP Secretariat;
€106,560 to GICHD for various projects; €97,903 to ICBL for the
Landmine Monitor 2002 project and evaluation of the global landmine problem;
€13,034 to UNMACC for a German expert in Prishtina, and €42,807 for
project evaluations.
Non-governmental mine action funding
In 2002, member organizations of the German Initiative to Ban Landmines
allocated €3.03 million ($2.88 million) for mine action in nine
countries.[26] Mine action
funding by these NGOs for each country is described
below:[27]
Afghanistan - €1,030,620 ($979,089), including €111,760 through
Medico International for clearance, mine awareness, vocational training, and
rehabilitation projects; €404,857 through Christoffel Blindenmission for
treatment and rehabilitation programs persons with disabilities, including mine
survivors; €510,303 through Kindernothilfe for emergency aid and
rehabilitation.
Angola - €343,767 ($326,579), constituting €291,746 through
Medico International for mine clearance, mine risk education, emergency
assistance, and strengthening local initiatives; as well as €52,021
through Handicap International for mine risk education in Bengo and Cuando
Cubango Provinces.
Bosnia and Herzegovina - €36,872 ($35,028) through Christoffel
Blindenmission for orthopedic treatment programs.
Cambodia - €1,232,037 ($1,170,435), constituting €36,872 through
Cristoffel Mission for the Blind for an orthopedic workshop, €47,000
through Terres des hommes for young adult education; €19,000 through
Handicap International for the Cambodia Mine Victim Information System;
€42,265 for disability/mine survivor assistance; €28,500 for
rehabilitation with sports; €500,000 through the German National
Committee for UNICEF for mine awareness, survivor assistance, rehabilitation,
and information programs; €495,272 through Christoffel Blindenmission for
rehabilitation; and €100,000 through Misereor for vocational training, a
microcredit program, and survivor assistance.
El Salvador - €30,000 ($28,500) through Medico International for
support of a rehabilitation center for war disabled.
Germany - €177,504 ($168,629), constituting €150,904 from GIBL
member organization for the GIBL project office, and €26,600 for events,
printing, and other costs.
Kosovo - €146,000 ($138,700), constituting €100,000 through
Bread for the World, with Action by Churches Together, for mine risk education
and clearance; and €46,000 through German Caritas for mine risk
education.
Sri Lanka - €1,165 ($1,107) through Kindernothilfe for emergency aid,
rehabilitation, and mine risk education.
Sudan - €25,070 ($23,817) through Oxfam for mine risk education in
Malakal.
Turkey - €5,000 ($4,750) through Medico International for support of a
mine conference.
NGO activities
The German Initiative to Ban Landmines was the
source of the draft resolution adopted by Parliament in June 2002 as Resolution
14/9438. GIBL was involved throughout in a consultative process coordinated
with high-ranking members of both government parties.
On 7 March 2003, the World Prayer Day of women dedicated to the people of
Lebanon supported the signature collection of the GIBL for a total ban on all
landmines. This was widely reported in the media.
In 2002-2003, GIBL continued to monitor international weapon exhibitions in
order to verify the compliance with the Mine Ban Treaty. At the IDET weapons
exhibition in Brno (Czech Republic) on 28-30 April 2003, GIBL observed the Czech
arms producer Policske Strojirny had on offer a victim-activated, tripwire-fuzed
“Anti-Transport Mine,” which GIBL considers to be in contravention
of the Mine Ban Treaty.[28]
Landmine Problem and Casualties
In 2002, 150 tons of bombs, mines, hand grenades,
explosives and other munitions from World War II were eliminated in
Baden-Württemberg.[29]
Since 1991 around 8,200 tons of explosives have been disposed in Brandenburg.
In 2002, 655 tons were destroyed, including 1,751 mines. Costs were estimated
at €10 million in 2002. A total of 425 hectares was cleared, and a
further 400,000 hectares are reported as suspected battle
areas.[30]
Mine incidents continue to occur occasionally on the old east-west divide,
though in 2002 and early 2003 no mine incidents were reported. However, three
people were injured in 2001 as a result of unexploded ordnance in North-Rhine
Westfalia.[31]
On 9 May 2002, a German and an Italian member of the NATO peacekeeping force
in the Former Yugoslav Republic of Macedonia were killed when a German KFOR
vehicle carrying a mine clearance team hit an antivehicle mine near the
northwestern village of Lesnica, close to the border with
Kosovo.[32] On 29 May 2003, one
German ISAF peacekeeper was killed and another injured when their military
personal carrier hit an antivehicle mine near
Kabul.[33]
[1] Statement by the Permanent
Representative of Germany to the Conference on Disarmament, Ambassador Volker
Heinsberg, Fourth Meeting of States Parties, Geneva, 16-20 September
2002. [2] German Parliament, Document
14/9438, June 2002, p. 4. [3] Response
to Organization for Security and Cooperation in Europe (OSCE) questionnaire, 16
December 2002, p. 2. [4] Statement of
Germany, Standing Committee on the General Status and Operation of the
Convention, Geneva, 3 February 2003. [5]
German Parliament document 14/9438. Translation by Landmine Monitor
researcher. [6] SPD/Bündnis 90-Die
Grünen: Koalitionsvertrag 2002-2006: Erneuerung – Gerechtigkeit
– Nachhaltigkeit. [7] The Group of
Governmental Experts met in July 2002, December 2002, March 2003 and June 2003,
in Geneva. Fifteen States had submitted information to the matrix as of 10 June
2003. See, Future Document
CCW/GGE/V/WG.2/WP.2 [8] For details, see
previous editions of Landmine Monitor
Report. [9] See Landmine Monitor Report
2002, p. 271. [10] See Landmine Monitor
Report 1999, pp. 611-621. [11] Colin
King, “Submunitions & Other Unexploded Ordnance – Explosive
Remnants of War,” ICRC, August
2000. [12] GIBL interviews with a
Lenkflugkörpersysteme GmbH salesman at the International Aerospace
Exhibition and Conferences, Berlin, 10 May 2002, and with a Dynamit Nobel
salesman at the IDET arms show, Brno, 28-30 April 2003. According to LFK, the
AFDS dispenser is produced only for export. For further details see
www.landmine.de. [13]
The German Federal Ministry of Defense classifies the MUSPA mine as an
anti-aircraft system. However, a US government database classifies it as an
antipersonnel mine. See,
www.humanitariandemining.org
Italy destroyed its MUSPA mines. Italy, Article 7 Report, Form G, 29 March
2000. [14] Article 7 Report, Form D, 10
April 2003. [15] Ibid; Article 7 Report,
Form D, 16 April 2002. [16] GIBL and
Landmine Action (UK), “Alternative Anti-personnel Mines–The Next
Generations,” March 2001, p. 29; Canadian Forces Mine Awareness Database
96 & 99; Forecast International/DMS Inc., “Ordnance report: MUSPA,
MIFF, MW-1,” 1995. [17]
Statement by Germany, Fourth Meeting of States Parties, 16-20 September
2002. [18] German Parliament Document
14/9438, June 2002, p. 4. For parliamentary appeals leading up to this
resolution, see Landmine Monitor Report 2002, p.
272. [19] See, Future Document
CCW/GGE/V/WG.2/WP.2 and attached chart, “Sensitive Fuses for Anti-Vehicle
Mines,” as of 10 June 2003. [20]
See, ICBL Interventions on Article 2, to the Standing Committee on General
Status and Operation of the Convention, Geneva, 16 May
2003. [21] Response to OSCE
questionnaire, 16 December 2002, p.
6. [22] Article 7 Report for calendar
year 2002, Form J, 10 April 2003; email from Ministry for Foreign Affairs to the
GIBL, 22 April 2003; email from Ministry for Development to the GIBL, 8 May
2003. Exchange rate €1 = US$0.95, used throughout this report. Federal
Reserve, “List of Exchange Rates (Annual),” 6 January
2003. [23] Email from Ministry for
Foreign Affairs to the GIBL, 22 April
2003. [24] Email from Ministry for
Development to the GIBL, 8 May
2003. [25] Email from Ministry for
Foreign Affairs to the GIBL, 24 June
2003. [26] The programs of these GIBL
member organizations are included: Bread for the World, Christoffel Mission for
the Blind, German Justitia et Pax Commission, German Committee for Freedom from
Hunger, German Caritas, Social Service Agency of the Evangelical Church in
Germany, EIRENE International, Handicap International Germany, Jesuit Refugee
Service, Kindernothilfe (Help for Children in Need), Medico International,
Misereor, OXFAM Germany, Pax Christi, Solidarity Service International, Terre
Des Hommes, UNICEF Germany. Some of these programs are co-financed by the
Ministries of Foreign Affairs and Economic Co-operation and Development; their
contributions are subtracted from the total in order to show the public donation
contribution. [27] Responses to GIBL
Questionnaire 2002 by member organizations, Berlin, April
2003. [28] “Czech arms producer
suspected of violating the Ottawa Convention,” Press Release, GIBL, 9 May
2003; available at
www.landmine.de. [29]
“Kampfmittelbeseitigung / Gemeinden sprerren sich gegen
Sparpläne” (Removal of Unexploded Ordnance/communes opposes cuts
program), Südwest-Presse online, 24 January
2003. [30] “Bisher 8200 Tonnen
Munition geborgen” (Unit now 8,200 tons explosives has been saved),
Märkische Allgemeine, 21 March
2003. [31] “Über 1200 Bomben
entschärft” (More than 1,200 bombs have been disposed of),
Kölner Stadtanzeiger, 19 August
2002. [32] “Peacekeeper killed in
Macedonia landmine blast,” Agence France Presse, 9 May
2002. [33] “German peacekeeper
killed in landmine explosion near Afghan capital,” Xinhua (press agency),
29 May 2003; “Landmine kills German peacekeeper,” Independent
(British daily newspaper), 30 May 2003; “Deutscher Soldat bei
Minen-Explosion bei Kabul getötet” (German soldier killed in mine
explosion in Kabul), Deutsche Presseagentur, 29 May 2003; “Blast kills
peacekeeper,” Washington Post, 30 May 2003.
About Us
Our Research Products