Key developments
since May 2002: The South African Parliament passed domestic implementation
legislation in April 2003. South Africa has continued to play a leading role in
the intersessional work program of the Mine Ban Treaty and in promoting
universalization and full implementation of the Mine Ban Treaty among African
States.
Mine Ban Policy
South Africa signed the Mine Ban Treaty on 3
December 1997, ratified on 26 June 1998, and the treaty entered into force on 1
March 1999. The South African Parliament passed domestic implementation
legislation in April 2003. (See section below). South Africa submitted its
annual updated Article 7 transparency report on 30 April 2003, covering calendar
year 2002.[1]
South Africa continues to play a very active role in the intersessional work
program, including the Standing Committee meetings in February and May 2003, and
the Universalization and Article 7 Contact Groups, as well as in the
President’s Consultations on preparations for the 2004 Review
Conference.
South Africa also continues to play a key role in pressing for
universalization of the Mine Ban Treaty. Addressing a regional mine action
workshop in October 2002, South Africa’s Minister of Defense emphasized
that South Africa uses its presence in multilateral and other fora to advocate
strongly for a total ban on antipersonnel mines through the universalization of
the Mine Ban Treaty.[2] In
November 2002, South Africa voted in support of UN General Assembly Resolution
57/74, promoting universalization and implementation of the Mine Ban Treaty.
In his statement to the Fourth Meeting of States Parties, the South African
Ambassador stated that the Mine Ban Treaty "has irreversibly established itself
as the international norm in banning antipersonnel landmines." He noted,
“With all the SADC [Southern African Development Community] countries that
are now States Parties to the Mine Ban Treaty, and with the establishment of the
Mine Action Committee, our region has in place the structures to forever
eradicate the anti-personnel mine
scourge.”[3]
South Africa is an active member of the SADC Mine Action Committee. This
Committee met in June 2002 to finalize five European Union/SADC funded projects,
develop future mine action programs for the region, and discuss the Committee's
role in promoting the Mine Ban Treaty among member states. According to South
Africa's Minister of Defense, the challenges that the SADC Mine Action Committee
is facing include: the need to address the problems faced by humanitarian
deminers in SADC; the need to develop a regional mine action network; the
establishment of regional standards; and the need to facilitate resource and
investment mobilization.[4]
South Africa is a State Party to the Convention on Conventional Weapons (CCW)
and Amended Protocol II. South Africa participated in the Fourth Annual
Conference of States Parties to Amended Protocol II and the Conference of States
Parties to the CCW in December 2002, as well as the work of the Group of
Governmental Experts throughout 2002 and 2003. South Africa has strongly
supported the negotiation of a legally binding instrument on explosive remnants
of war. South Africa submitted its Amended Protocol II Article 13 report in
December 2002.
National Implementation Legislation
South Africa began developing implementation legislation for the Mine Ban
Treaty in 1999.[5] The Cabinet
accepted the draft document on 29 May 2002 and on 5 November 2002 the
Parliamentary Portfolio Committee on Defense approved the “Anti-Personnel
Mines Prohibition Bill”
unanimously.[6] The National
Assembly approved the bill on 8 April 2003. In May 2003, South Africa reported
that the bill was awaiting approval by the National Council of
Provinces.[7]
The South African legislation is notable both for its content and the process
for developing it. In June 2001, the government’s Enabling Legislation
Drafting Committee asked Mines Action Southern Africa (MASA), the national
member of the International Campaign to Ban Landmines, to organize a number of
workshops to facilitate civil society input into the domestic legislation. Six
workshops were held and many suggestions that came out of these consultations
were incorporated into the bill. As noted by a government official, “This
inclusive approach underlines the South African government’s approach and
proven track-record of consulting civil society and in this instance, of the
partnership that has been forged between Government and civil society in the
field of mine action, as well as with the industry as a prime
stake-holder.”[8]
The bill prohibits not only devices that are designed as antipersonnel
landmines, but also any other device that acts like one. Any weapon that is
victim-activated and that explodes due to the presence, proximity or contact of
a person is banned.[9] South
Africa is aware that “critical definitions of what constitutes mines and
other prohibited munitions in legislation of this nature runs the risk of being
outdated quite quickly because of technological development. Critical therefore
to the attainment of the objectives of the legislation is that NGOs and State
signatories keep a constant eye on how technological developments often can and
sometimes do undermine the definition of AP
landmines.”[10]
The bill provides 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.
If found guilty of an offense, a person is liable for a fine or imprisonment for
a period not exceeding 25 years or both a fine and imprisonment. Any juristic
person (company) who contravenes the bill shall be liable to a fine not
exceeding R1 million. The South African military may not assist other militaries
in using, transporting or storing antipersonnel
mines.[11]
At a Standing Committee meeting in February 2003, South Africa stated that,
while it is permitted to participate in joint military operations with States
not party to the Mine Ban Treaty, if a contravention occurs, South Africa must
terminate participation or take appropriate actions as deemed
necessary.[12]
Production, Transfer, Stockpiling and Use
South Africa is a past producer and exporter of
antipersonnel mines.[13] It
stopped production of antipersonnel mines in 1995 and prohibited export in 1996.
Destruction of its stockpile of antipersonnel mines was completed in October
1998.[14]
South Africa maintains stocks of Claymore-type directional fragmentation
mines. South Africa has reported that these have only command activated firing
devices, and not “victim-triggerable firing devices,” such as
tripwires.[15]
In December 2002, a Russian OZM antipersonnel mine was defused and
confiscated after being found on the property of a resident of Midrand,
Gauteng.[16] In April 2003, a
number of explosive devices were found on a farm belonging to a former military
instructor near Warden in the eastern Free State. The collection included
landmines and ground-to-air projectiles used during military training. The farm
owner was a former military instructor in Namibia.[17]
As permitted under Article 3 of the Mine Ban Treaty, South Africa retains
antipersonnel mines for the training of soldiers, as well as for the development
of effective demining equipment, demining research and military/civilian
education purposes.[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, another 50 in 2001, and another 55 in 2002. As of 31
December 2002, 4,400 Rain 51103-05 mines remained in stock, under the control
and authority of the Council for Scientific and Industrial Research’s
Defensetek.[20]
Mine Action Assistance
Mozambique: Landmine Monitor has previously
reported on Operation Rachel, a bilateral cooperation agreement on arms
destruction between the South African Police Service (SAPS) and the Police of
the Republic of Mozambique
(PRM).[21] Since 1995, 18
operations have been conducted and some 21,600 firearms, 1,600 antipersonnel
mines and five million rounds of ammunition, among other weapons have been
destroyed. These include, in October/November 2002, two more antipersonnel
mines and two antivehicle mines, as well as detonators for antivehicle mines
that were recovered and
destroyed.[22]
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 mine action assistance in Ethiopia. Three South African explosive
experts are assisting with the training of deminers.
Mechem Consultants, a subsidiary of the state-owned arms company
Denel, has been involved in mine action activities for over four decades. Mechem
executes mine clearance contracts, and provides mine clearance equipment as well
mine-protected vehicles.[23]
Since 1997, Mechem has been involved in the UN Food for Oil Programme in
Northern Iraq, where it has managed the Mine Detecting Dog
operation.[24] In 2002, this
contract was worth $6
million.[25] Before the invasion
of Iraq by US-led forces, a Mechem team of 27 South Africans, 689 Iraqis and
Kurds and 180 dogs had reportedly cleared 10 million square meters of land of
landmines and unexploded
ordnance.[26]
Mechem has been contracted by MONUC in the Democratic Republic of Congo to
conduct technical surveys and to facilitate the further deployment of MUNOC in
the Kisangani and Kindu airports. During the last months of 2002 and the first
quarter of 2003, Mechem has cleared the Kisangani, Kindo and Manono airfields,
as well as an old disused sawmill at La Forestiere (to be used by theUnited
Nations) in the DRC.[27]
Mechem is providing the US government through RONCO with an EOD specialist,
and has also visited Afghanistan at the request of UNOPS to investigate the use
of technology to hasten the clearance of the national roads in order to allow
for their early rehabilitation.
Other South African-based firms: Other South African-based firms
offering mine action services include Pretoria-based BRZ
International.[28] The regional
office of Carlos Gassmann Tecnologias De Vanguarda Aplicadas Lda (CGTVA) is also
located in South Africa, as is European Landmine Solutions (ELS). CGTVA worked
in Mozambique during 2000; ELS-Africa has worked with CARE in Angola. TNT
Demining focuses mainly on the training and provision of demining personnel at
all levels. The Institute for Military Engineering Excellence in Southern
Africa provides, among other services, training in demining, mine awareness
programs, management of demining projects and surveying. Conflict Zone
Logistics is in the process of training deminers. UXB Africa provides a number
of services including UXO and customized landmine-related training
courses.[29] Specialist Dog
Services (SDS) breed mine detection dogs and train handlers and has operational
experience in countries such as Angola, Croatia, Mozambique, Namibia, and
Uganda, as well as Northern Iraq. Bullet Proof Technology (BPT) offers a range
of materials to provide protection against antipersonnel and antitank mines.
On 9 December 2002, members of South Africa's mine action community, in
collaboration with the Rotary Club of Pretoria East, hosted a Night of 1,000
Dinners fundraiser for the Adopt-a-Minefield program.
Mine Action Research and Equipment Development
South Africa is a significant producer of mine
clearance equipment and believes that it possesses leading demining 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 are controlled and regulated by the government.
In April 2001, Mechem transferred its research and development capability to
Defensetek, a Division of the Center for Scientific Information and Research
(CSIR) and its core focus is now on providing mine action services. However,
Mechem is still involved in a number of applied research contracts with the US
government and private companies. It also maintains close cooperation with
Defensetek and contracts with them annually to provide Mechem with applied
technology solutions for use in the field of demining services.
Defensetek, the technology partner of the Department of Defense, produces
mine clearing equipment and mine-protected vehicles or modifications. The CSIR
through Defensetek also undertakes mine action-related research, development,
testing and evaluation. The US Army has contracted the CSIR for vehicle mine
protection consultation and the development of a lower leg protection system for
antipersonnel mines.[30]
Other key South African research and development companies include: RSD, a
division of Dorbyl Ltd. RSD produces the Mobile Mine Detection and Clearing
System which was developed, designed and manufactured in South Africa to provide
mine detection and clearance of
roads.[31] Alvis South Africa, a
subsidiary of Alvis plc of the United Kingdom, has a division, Alvis OMC, which
produces mine-protected
vehicles.[32] Armscor’s
Armour Development Unit specializes in armor development, including landmine
protection and design against mine blasts. DEMCO (PTY) LTD, a demining
equipment manufacturing company, combines landmine clearing with infrastructural
development.[33] Securicor Gray
(Africa) offers survey and quality assurance services, landmine clearance and
UXO disposal teams as well as community mine risk education training. Somchem,
a division of Denel (Pty) Ltd offers focused research, design, development and
production services including a full range of man-portable and vehicle-mounted
explosive minefield breaching systems.
Companies and organizations active in mine action 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. In 2002, a South Africa company, Evalnet:
Evaluation for Sustainable Development in Africa, was contracted by UNICEF to
develop and implement a KAP survey on landmine/UXO awareness in Somalia.[34] The University of Cape Town's
Physics Department has undertaken some research into “Land Mine Detection
by Neutron
Backscattering.”[35]
In June 2002, a SADC regional demining operators meeting took place in
Luanda, Angola. This was the first regional demining operators meeting of its
kind under the SADC umbrella. An important outcome of this workshop was the
recommendation that a regional self-regulating forum be established to ensure
that international standards are adhered to and to enhance exchange of
information across the region about the challenges facing mine action within the
SADC.[36]
A regional workshop on “Humanitarian Mine Action and Development: the
Missing Link?” was hosted by the Finnish-funded SAIIA Landmine Project in
October 2002. The SAIIA Landmine Project closed in mid-2003.
Casualties and Survivor Assistance
In April 2002, a South African deminer under
contract with Empresa Moçambicana de Desminagem, Lda (EMD) was seriously
injured in a mine accident in
Mozambique.[37]
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.[38]
South Africa provides a number of international humanitarian organizations
with financial and material aid aimed mainly, but not exclusively, at SADC
member States. In the 2002/2003 financial year ending March 2003,
South Africa contributed R500,000 (US$50,000) to the ICRC for mine action in
Angola.[39] In FY 2001/2002,
the ICRC received a contribution of R200,000 (US$20,000) specifically for the
rehabilitation of landmine survivors in
Angola.[40]
South Africa’s April 2003 Article 7 report included the voluntary Form
J to report victim assistance
funding.[41]
[1] This was South Africa’s fifth
report. It has previously submitted Article 7 reports on 1 September 1999 (for
the period since 1 March 1999), 30 August 2000 (for 28 August-31 December 1999),
17 September 2001 (for calendar year 2000), and 28 May 2002 (for calendar year
2001). [2] Statement by Mosiuoa Lekota,
Minister of Defense, South Africa, to the Regional Workshop on
“Humanitarian Mine Action and Development: the Missing Link?” hosted
by the SAIIA Landmine Project, 10 October 2002.
[3] Statement by Ambassador George Nene
to the Fourth Meeting of States Parties, Geneva, 16 September
2002. [4] Statement by Mosiuoa Lekota,
Minister of Defense, 10 October
2002. [5] Article 7 Report, Form A, 1
September 1999. [6]
“Anti-Personnel Mines Prohibition Bill,” (B44-2002), 5 November
2002. (As introduced in the National Assembly as a section 75 Bill; explanatory
summary of bill published in Government Gazette 23744 of 26 August
2002). [7] Oral remarks to the Standing
Committee on the General Status and Operation of the Convention, Geneva, 16 May
2003 (Landmine Monitor/HRW notes). [8]
Statement by Ambassador George Nene to the Fourth Meeting of States Parties, 16
September 2002. [9] Noel Stott,
“Parliament to Debate Bill to Outlaw Landmines,” Ceasefire: Anti-War
News, November/December 2002. [10]
Statement by Mosiuoa Lekota, Minister of Defense, 10 October
2002. [11] “Anti-Personnel Mines
Prohibition Bill,” (B44-2002), 5 November
2002. [12] Oral remarks to the Standing
Committee on the General Status and Operation of the Convention, Geneva, 7
February 2003 (Landmine Monitor/HRW
notes). [13] For information on past
production, transfer, and stockpiling see: Landmine Monitor Report 1999, pp.
83-84; Landmine Monitor Report 2000, pp. 103-104; Landmine Monitor Report 2001,
pp. 148-149. [14] This included about
309,000 mines. An additional 2,586 antipersonnel mines that were found or seized
were destroyed in 1999. See Landmine Monitor Report 2000, p.
104. [15] Article 7 Report, Form D, 30
April 2003; interview with Nick Sendall, Policy and Planning, Department of
Defense, 2 May 2003. [16] L. Venter,
“Backyard Clean-up Unearths Landmine,” The Citizen, 31 December
2002. [17] “Landmines, Missiles
Found on Free State Farm,” South African Press Association, 22 April
2003. [18] South African National
Defense Force, “Fact Sheet: South Africa's Initiatives on Banning
Anti-Personnel Landmines,” 6 April 2001; 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, 30 April 2003. [21]
Landmine Monitor Report 2002, p.
449. [22] Special Task Force, South
African Police Service, “Statistics of Operation Rachel VIII (2),”
15 January 2003. [23] Denel,
“Annual Report 2002,” p.
56. [24] Correspondence from Braam
Rossouw, Mechem Consultants, 31 March
2003. [25] Linda Ensor, “Local
Firm Likely to Clear Iraq Land Mines,” Business Day (Johannesburg), 11
April 2003. [26]
Ibid. [27] Correspondence from Braam
Rossouw, Mechem Consultants, 31 March
2003. [28] For BRZ mine action
activities see Landmine Monitor Report 2000, p.
106. [29] UXB website,
www.uxb.com [30]
Correspondence from Trevor Kirsten, Program Manager, Landwards and Applied
Technology, Defensetek, CSIR, 8 April 2003; Armaments Corporation of South
Africa Limited (Armscor), “South African Defense Industry Directory
2002–2003,” Seventh Edition,
2003. [31] The system has the capability
of detecting antivehicle mines by using pulse induction type mine detectors
fitted to the vehicle. Mines unable to be found by the electronic detection
system are exploded by means of mine detonating trailers towed by another
vehicle. See Armscor, “South African Defense Industry Directory
2002–2003.” [32] Alvis OMC,
“Company Profile,” 2003; Alvis OMC website,
www.alvisomc.co.za [33] Geneva
International Center for Humanitarian Demining, “Mechanical Demining
Equipment Catalogue 2003,” December
2002. [34] Evalnet website,
www.evalnet.co.za [35] See 7th
International Conference on Applications of Nuclear Techniques, Nuclear and
Atomic Industrial and Analytical Applications, Crete, Greece, 17-23 June 2001.
Website,
www.wku.edu/API/crete2001 [36]
Neuma Grobbelaar, “SADC Demining Operators Meeting: Grasping the nettle of
regional mine action at last?” Demining Debate, Issue II, July/August
2002. [37] De Wet Potgieter,
“Landmyn Tref Ororlogsheld Wat Vrederswerk Doen,” Rapport, 21 July
2002. [38] Interview with Christo
Schutte, Africa Medical Assistance, 2 July
2002. [39] Information provided by
Humanitarian Affairs, Department of Foreign Affairs, 22 April
2003. [40] Information provided by
Humanitarian Affairs, Department of Foreign Affairs, 8 April 2002. The 2003
Article 7 Report lists this contribution for calendar year 2002. Article 7
Report, Form J, 30 April 2003. [41]
Article 7 Report, Form J, 30 April 2003.
About Us
Our Research Products