Key developments since May 2002: New
Zealand has been a highly active participant in the Mine Ban Treaty
intersessional work program. It is expected to be named Co-Rapporteur of the
Standing Committee on the General Status and Operation of the Convention in
September 2003. It has continued its efforts to promote universalization of the
Mine Ban Treaty, particularly in the Pacific region. New Zealand’s mine
action funding fell in its financial year 2001/2002 and again in 2002/2003.
Mine Ban Policy
New Zealand signed the Mine Ban Treaty on 3
December 1997, ratified on 27 January 1999, and the treaty entered into force
for the country on 1 July 1999. Domestic implementation legislation, the
Anti-Personnel Mines Prohibition Act 1998, was enacted on 9 December 1998.
New Zealand never produced or exported antipersonnel mines. In May 2002, the
Chief of Defence Force told Landmine Monitor that at the time of the ban, New
Zealand had no antipersonnel landmines in service, with the exception of a
number of surplus training/practice mines, which were destroyed in
1997.[1] New Zealand has
reported that it “retains very limited operational stocks of Claymore
mines. Measures have been taken to ensure that they cannot be used in the
victim-activated mode and the tripwire assemblies and mechanical fuzes have been
destroyed.”[2]
New Zealand participated in the Fourth Meeting of States Parties in September
2002 and in the intersessional Standing Committee meetings in February and May
2003. In September 2003, New Zealand is expected to be named Co-Rapporteur of
the Standing Committee on the General Status and Operation of the Convention.
New Zealand made interventions in almost every Standing Committee meeting on a
range of topics including victim assistance, its continued contribution to mine
clearance, Article 7 reporting, universalization, and issues of concern. New
Zealand strongly supported a proposal by the International Committee of the Red
Cross (ICRC) to develop best practices in relation to antivehicle mines with
sensitive fuses. New Zealand suggested that other States Parties follow its
practice of retaining no antipersonnel mines for training and instead use
“dummy” mines. At the Fourth Meeting of States Parties, New
Zealand-manufactured samples of these mine simulators were on display. New
Zealand retains a “very limited quantity” of these inert practice
mines.[3]
New Zealand is an active participant in the Universalization Contact Group
and has continued its efforts to secure complete universalization of the Mine
Ban Treaty in the Pacific. New Zealand also participates in the Article 7
Contact Group. New Zealand is part of the Bangkok Regional Action Group (BRAG),
which was formed by States Parties from the Asia-Pacific region in September
2002 with the aim of promoting landmine ban initiatives in the region in the
lead up to the Fifth Meeting of States Parties in Bangkok in September 2003.
New Zealand submitted its Article 7 transparency report on 2 May 2003,
covering the calendar year 2002. This is the country’s fourth Article 7
report.[4] It is essentially a
“nil” report, except Form J, which details New Zealand’s mine
action contributions in 2002 and provides a statement on Claymore mines.
On 22 November 2002, New Zealand voted in support of UN General Assembly
Resolution 57/74, promoting universalization and implementation of the Mine Ban
Treaty. During the first committee debate on the resolution, the New Zealand
representative said that “in direct contrast to the Conference on
Disarmament is the Ottawa Convention banning the use of anti-personnel mines.
New Zealand remains a steadfast supporter.... The co-operative and constructive
spirit in which States Parties and NGOs have come together to work towards the
total elimination of anti-personnel mines is heartening and it shows that when
States are determined, progress can be
achieved.”[5]
New Zealand is a State Party to Amended Protocol II (Landmines) of the
Convention on Conventional Weapons (CCW) and participated in the Fourth Annual
Conference of States Parties to Amended Protocol II in December 2002. It
submitted an annual Article 13 report on 13 November 2002.
On 9 October 2002, Landmine Monitor Report 2002 was distributed at a
function in Parliament. The New Zealand Campaign to Ban Landmines (CALM)
continues to distribute the report to local universities, libraries and
governments of Pacific Island states. In September 2002, a New Zealand
government representative said, “We know of no other initiative in the
international arena that provides such an independent and definitive report as
the Landmine Monitor.”[6]
CALM continued its campaign work, distributing a regular newsletter, updating
its website, meeting with government departments and lobbying diplomats from
other countries.
Joint Operations, “Assist,” and Transit
In the May 2003 Standing Committee meeting, New Zealand clarified its view on
the Article 1 issue of “assistance.” It stated that it cannot
“actively assist” with prohibited acts, noting that providing cover
for the laying of mines would be active assistance, as would participating in
planning or training for use of antipersonnel mines. It also said that
“incidental benefit” from mine laying by others would not constitute
active assistance.[7] In
October 2002, CALM received a letter from the Ministry of Foreign Affairs that
stated the government’s position that the transit of antipersonnel mines
through New Zealand’s territorial waters is prohibited by domestic laws.
It also noted that efforts to enforce these laws against a vessel exercising the
right of innocent passage were
limited.[8]
Mine Action
In
2001/2002,[9] New Zealand
provided NZ$1.847 million in financial and in-kind support to mine action
programs.[10] This represented
a decrease from NZ$2.27 million in 2000/2001. Mine action funding for 2002/2003
fell further to NZ$1.184
million.[11] Overall, New
Zealand has contributed approximately NZ$16 million (US$9.1 million) in mine
action support from 1992/1993 to
2002/2003.[12]
The major recipients of New Zealand mine action assistance have been
Cambodia, Laos, and Mozambique, as well as UN mine action activities. In June
2002, New Zealand made a grant of NZ$25,000 to the HALO Trust for the purchase
of safety equipment for its deminers in Afghanistan, following a request from
CALM.[13] In 2002/2003, the
government also provided mine action assistance to new initiatives in
Afghanistan, Iraq, and Sri Lanka.
New Zealand Mine Action Assistance in
2001/2002[14]
Cambodia School for Prosthetics & Orthotics (survivor assistance)
$138,000
$138,000
Lao PDR: UXO Programme
$71,000 (2)
$704,000
$775,000
Mozambique Accelerated Demining Programme
$114,000 (2)
$100,000
$214,000
US: Humanitarian Demining and Training Center
$30,000 (1)
$30,000
United Nations Mine Action Service
$75,000 (1)
$75,000
UN Voluntary Trust Fund for Mine Action
$350,000
$350,000
Total
$344,000 (8)
$1,503,000
$1,847,000
New Zealand Mine Action Assistance in
2002/2003[15]
Country/Recipient
NZDF
(# Personnel)
NZAID (ODA)
Total
(NZ$)
Cambodia Mine Action Center
$146,000 (2)
$63,000
$209,000
Cambodia Trust Rehabilitation Project (CSPO)
$100,000
$100,000
Lao PDR: UXO Programme
$63,000 (2)
$7,000
$69,000
Lao PDR: Mines Advisory Group
$47,000
$47,000
Mozambique Accelerated Demining Programme
$59,000 (2)
$59,000
United Nations Mine Action Service
$75,000 (1)
$350,000
$425,000
Iraq: UNMAS
$30,000 (4)
$30,000
Afghanistan: Christian World Service (mine awareness)
$79,000
$79,000
Sri Lanka: UNDP Mine Action Programme
$135,000
$135,000
US: Humanitarian Demining and Training Center
$30,000 (1)
$30,000
Total
$403,000
$781,000
$1,184,000
On 22April 2003, New Zealand announced it would provide up to fifteen
New Zealand Defence Force (NZDF) personnel to assist the UN with mine clearance
operations in Iraq.[16]
In addition, in November 2002, the Cambodia Trust of New Zealand donated
NZ$125,000 to the Cambodia School of Prosthetics and Orthotics, using NZ$25,000
provided by the Trust and NZ$100,000 from the government’s Voluntary
Agency Support Scheme
(VASS).[17]
At the University of Auckland, the Landmine Research Group has continued its
work on landmine detection technology, with an emphasis on thermal imaging, and
is pursuing a new approach based on eddy-current
detection.[18]
Landmine Casualties
On 22 October 2002, three New Zealand Army Special
Forces soldiers were injured when the vehicle they were traveling in hit a
landmine in western
Afghanistan.[19] One of the men
had his foot amputated. In December 2002, the Minister of Defence, Hon. Mark
Burton, stated the mine survivor was “making good progress” and
still had a future in the New Zealand
Army.[20]
[1] Letter to Neil Mander, CALM, from Air
Marshal B.R. Ferguson, Chief of New Zealand Defence Force, ref: NZDF 1540/1, 17
May 2002. [2] Article 7 Report, Form J,
2 May 2003. [3] Letter to Neil Mander,
CALM, from Air Marshal B.R. Ferguson, 17 May
2002. [4] See Article 7 Report, 29 April
2002 (for calendar year 2001); Article 7 Report, 18 May 2001 (for the period
from 27 December 1999 to 31 December 2000); Article 7 Report, 27 December 1999
(for the period from 1 July 1999 to 27 December
1999). [5] Statement by Deborah
Panckhurst, New Zealand representative to the First Committee, UN General
Assembly 57th Session, 30 September
2002. [6] Statement by Tim Caughey,
Ambassador for Disarmament, New Zealand, at the Fourth Meeting of States
Parties, Geneva, 17 September 2002.
[7] Oral remarks to the Standing
Committee on General Status and Operation of the Convention, Geneva, 16 May 2003
(Notes taken by Human Rights Watch). [8]
Letter to John V Head, Convenor, CALM, from Geoff Randal, Director of the
Disarmament Division, Ministry of Foreign Affairs, 15 October
2002. [9] The New Zealand financial year
runs from 1 July to 30 June of the following
year. [10] All funding information comes
from: Financial tables provided to Landmine Monitor by Marina Anderson, Ministry
of Foreign Affairs, 9 July 2003. [11]
The Ministry of Foreign Affairs indicated that the further reduction was due to
the absence of one-off grants totaling NZ$704,000 to UXO Lao in
2001/2002. [12] Landmine Monitor used a
conversion rate of NZ$1=US $0.57 as of 7 June
2003. [13] Letter to John V Head,
Convenor, CALM, from Barbara Williams, Development Co-operation Division,
Ministry of Foreign Affairs, 29 May
2002. [14] Financial tables provided to
Landmine Monitor by Marina Anderson, Ministry of Foreign Affairs, 9 July 2003.
NZDF figures are based on the additional costs to NZDF due to involvement in
missions. Financial Year 1 July 2001-30 June
2002. [15] Ibid. Financial Year 1 July
2002-30 June 2003. [16] Media
Statement by Hon. Phil Goff, Minister of Foreign Affairs and Trade, 22 April
2003. [17] Statement to Landmine Monitor
(John V. Head) from Douglas Law, Secretary, Cambodia Trust (NZ), 11 June
2003. [18] Statement to Landmine Monitor
(John V Head) from Laurence Carter, School of Engineering, University of
Auckland, 8 June 2003. [19] “New
Zealand Commandos Hurt in Blast,” Associated Press (Wellington), 23
October 2002. [20] John Armstrong,
“Minister confirms SAS troops home,” New Zealand Herald, 17 December
2002.