Key developments since May 2003: In May 2004, the Ministry of Foreign
Affairs stated its view that Article 2 of the Mine Ban Treaty does not ban mines
with sensitive fuzes that may have unintended effects, but expressed a
willingness to discuss a ban in the CCW or the Mine Ban Treaty. Clearance of
the former military area at Ralsko was completed on 31 March 2004.
Key developments since 1999: The Czech Republic ratified the Mine Ban
Treaty on 26 October 1999 and became a State Party to the Mine Ban Treaty on 1
April 2000. National implementation legislation entered into force on 3
December 1999 and the criminal code was amended to provide penal sanctions for
treaty violations. Destruction of the stockpile of 324,412 mines was completed
on 15 June 2001, far in advance of the treaty deadline of 1 April 2004.
Clearance of the former military area at Ralsko was completed in March 2004, and
of the Mlada area in June 2000. In May 2003 and May 2001, Czech PD-Mi-PK
antivehicle mines in tripwire-activation mode were offered for sale at an
international arms fair, in possible violation of the Mine Ban Treaty. The
Czech Republic stockpiles antivehicle mines with tilt rod fuzes, which the ICBL
believes are prohibited by the Mine Ban Treaty.
Mine Ban Policy
The Czech Republic signed the Mine Ban Treaty on 3 December 1997 and ratified
it on 26 October 1999, becoming a State Party on 1 April 2000. National
implementation legislation entered into force on 3 December 1999 and the
criminal code was amended to provide penal sanctions for violations of the
treaty, in accordance with Article 9 of the
treaty.[1] The Czech Republic
submitted its annual Article 7 transparency report on 3 May 2004; this was its
sixth Article 7 report.[2]
The Czech Republic participated in all preparatory meetings of the Ottawa
Process which led to the Mine Ban Treaty, and has attended all annual Meetings
of States Parties and intersessional meetings since 1999. At the Fifth Meeting
of States Parties in September 2003, the Czech delegation said that the goal of
“a world free of anti-personnel mines can only be achieved through the
universalization and full implementation” of the Mine Ban Treaty, and
offered to share Czech “expertise and technologies with others in the
spirit of co-operation to facilitate compliance by States
Parties.”[3] In December
2003, the Czech Republic voted for UN General Assembly Resolution 58/53, which
calls for universalization and implementation of the Mine Ban Treaty. The Czech
Republic has voted for every pro-ban UN General Assembly resolution since
1996.
The Czech Republic has rarely engaged in the extensive discussions that
States Parties have had during meetings on matters of interpretation and
implementation related to Articles 1, 2, and 3, and the issues of joint military
operations with non-States Parties, foreign stockpiling and transit of
antipersonnel mines, the legality of antivehicle mines with sensitive fuzes or
antihandling devices, and the permissible number of mines retained for training.
With respect to Article 1, the Ministry of Foreign Affairs has simply said that
the Czech Republic “fully respects...the prohibition of the use...as well
as the obligation not to assist, encourage or induce in any way, anyone to
engage in any activity prohibited to a State Party under the
Convention.”[4] The
Ministry of Defense has declared that “it is illegal in all aspects to use
and transfer antipersonnel mines on Czech
territory.”[5]
Antivehicle mines with sensitive fuzes and antihandling devices
The ICBL has expressed concern that some Czech antivehicle mines, in
particular those with tripwires and tilt rods, function as antipersonnel mines,
and therefore should be considered prohibited under the Mine Ban Treaty. The
Ministry of Defense has acknowledged that three types of Czech antivehicle mine
(PT-Mi, PT-Mi-P, and PT-Mi-U) can be used with a tilt-rod fuze, and that the
PD-Mi-PK antivehicle mine can be used in tripwire-activation
mode.[6] In addition, in March
2000, the Ministry of Foreign Affairs revealed that “Czech manufacturers
produce and supply to the Army...cargo projectiles with remotely-delivered
antitank mines equipped with electronic anti-disturbance
devices.”[7]
At the Fifth Meeting of States Parties in September 2003, the Czech
delegation gave its opinion that Article 2 of the Mine Ban Treaty “does
not ban sensitive fuses that may have unintended effects. However, the Czech
Republic, being aware of the diversity of views on this issue, is ready to
explore the question of banning all mines other than anti-personnel mines within
the scope of the CCW Group of Governmental Experts.” But if States
Parties to the Mine Ban Treaty “find it more appropriate to discuss the
problem within this forum, we will not be against this
effort.”[8]
In May 2004, the Ministry of Foreign Affairs reiterated its view that Article
2 of the treaty “does not ban sensitive fuses that may have unintended
effect. Its paragraph 1 defines an APM as a mine designed to be exploded by the
presence of a person.... Every mine ‘other than an anti-personnel
mine’ can be activated by contact with a
person.”[9] This
statement was made in response to a Landmine Monitor request for comment on the
offer for sale of Czech PD-Mi-PK antivehicle mines in tripwire-activation mode
in May 2003, at the IDET (International Exhibition of Defence and Security
Technology and Special Information Systems) arms fair in
Brno.[10] The Ministry added
that the PD-Mi-PK “is neither designed nor intended nor laid (used) with a
view to be activated by a human
being.”[11] In response
to a similar incident in May 2001, the Ministry of Foreign Affairs stated that
it did not consider the use of tripwires with an antivehicle mine to be a
violation to the Mine Ban
Treaty.[12]
In September 2003, the delegation confirmed that “old-fashioned
antivehicle mines” were being withdrawn from service and replaced by newer
devices, as announced at the Fourth Meeting of States Parties in September
2002.[13] In May 2004, the
Ministry of Foreign Affairs declared that the Czech Republic planned to destroy
approximately 470,000 of the mines by
2007.[14] Czech authorities
have not revealed which types of antivehicle mine are being withdrawn.
The Czech Republic is a State Party to the Convention on Conventional Weapons
(CCW) and Amended Protocol II. It submitted its annual Amended Protocol II
Article 13 report on 15 October 2003, and attended the Fifth Annual Conference
of State Parties to the Protocol in November 2003. It has submitted Article 13
reports and attended annual conferences in previous years. In other CCW work,
the Czech Republic has expressed support for the new Protocol V on explosive
remnants of war, and for proposals on “mines other than antipersonnel
mines.”[15]
A working group of the Ministries of Defense and Foreign Affairs, and an ad
hoc working group of the Ministry of Defense, were established in 2001 to
address issues related to the Mine Ban Treaty and the CCW. In May 2004, the
Ministry of Foreign Affairs reported no specific outcomes, and the most recent
Article 7 and Article 13 reports make no reference to the working
groups.[16]
Production and Transfer
The Czech Republic inherited the mine production facilities of the former
Czechoslovakia, which had been a significant producer and exporter of
antipersonnel mines. Czechoslovakian factories produced ten types of
antipersonnel mine, which were exported to at least 12
countries.[17] Production ended
in 1989, and the two facilities were converted to other types of
production.[18] A moratorium on
transfer of antipersonnel mines was declared in 1994, and made permanent in
1997.[19] This was then
superseded by the Mine Ban Treaty.
Stockpiling and Destruction
The Czech stockpile of antipersonnel mines at the time of entry into force of
the Mine Ban Treaty totaled 327,845, made up of three types of
mine.[20] The stockpile
destruction program was authorized on 23 May 1998 and completed on 15 June 2001,
with the destruction of 324,412
mines.[21] Destruction was
completed far in advance of the treaty-mandated deadline of 1 April 2004.
At the end of 2003, the Czech Republic retained 4,849 antipersonnel mines,
the same quantity as originally retained in 2001, suggesting that no mines have
been consumed for permitted
purposes.[22] The Ministry of
Defense explained that the original intention was to use the mines for training
deminers and testing new demining equipment, but this has changed and the mines
are now used on an ad hoc basis, such as for training in explosive ordnance
disposal.[23]
In June 2003, the Ministry of Foreign Affairs declared that the Czech
Republic does not possess “antipersonnel directional fragmentation
munitions, including Claymore-type of
munitions.”[24]
Landmine/UXO Problem and Mine Action
In its Article 7 report for 2003, the Czech Republic reports that there are
no mined or mine-suspected areas on its territory. However, two former military
areas were contaminated with unexploded ordnance (UXO) during the German
occupation in World War II and subsequent Soviet occupation.
Clearance of the Ralsko former military area was completed on 31 March 2004.
During 2003, in the fourth phase of clearance, approximately 5,000 UXO, mostly
small arms and other ammunition, were detected on 350 hectares (3,500,000 square
meters) and destroyed.[25]
Ralsko was contaminated with an average of 15 pieces of UXO per
hectare.[26] Clearance of the
Mlada area was completed in June
2000.[27]
UXO from World War II has also been discovered in other parts of the Czech
Republic, although the Ministry of Foreign Affairs reports that none was found
in 2003.[28] In 2002, 5,949
mines, hand grenades and projectiles, and more than 26,000 other items of UXO
were found and destroyed.[29]
Mine Action Funding and Assistance
In 2003, the Czech Republic provided US$301,757 in mine action funding. This
included $50,000 to the International Trust Fund for Demining and Mine Victims
Assistance (ITF), which was used for demining and battle area clearance in
Albania, Bosnia and Herzegovina, and Serbia and
Montenegro.[30] It donated
CZK200,000 ($7,446)[31] to the
“Trees Instead of Mines” initiative in Lebanon, CZK1,600,000
($59,568) to the Geneva International Centre for Humanitarian Demining (GICHD),
CZK1,962,216 ($73,053) to the UN Voluntary Trust Fund, and CZK3 million
($111,690) to the International Committee of the Red Cross “for demining
projects and mine victim
assistance.”[32]
For 2004, the Czech Republic planned to donate $50,000 again to the ITF,
CZK1.6 million (approx. $62,400) to the GICHD, and CZK2.5 million ($97,500) to
the UN Voluntary Trust Fund for Assistance in Mine
Action.[33]
Prior to 2003, the Czech Republic provided about $278,000 to mine action
internationally. It donated $107,000 to the ITF in 1999, then $50,000 each year
from 2000-2002. In 2001-2002, it donated $10,000 to a NATO Partnership for
Peace project to destroy Albania’s antipersonnel mine stockpile, and it
provided two “demining facilities KMT 6” valued at CZK310,000
(approx. $11,000) to the government of
Lebanon.[34] Smaller donations
for mine action were made before
1999.[35]
During 2003, Czech units in Kosovo continued to engage in mine clearance in
the course of their other duties, as in previous
years.[36] In 2002 and previous
years, Czech units carried out similar duties in Bosnia and Herzegovina.
Landmine/UXO Casualties and Survivor Assistance
In 2003, in contrast to previous years, there were no casualties reported due
to mines or UXO in the Czech
Republic.[37] Between 1999 and
2002, 12 people were killed and another 40 injured by UXO: two killed and ten
injured in 2002; four killed and one injured in 2001; three killed and 14
injured in 2000; and three killed and 15 injured in 1999. In 2001, the Ministry
of Defense estimated that 200 to 300 people had been involved in mine and UXO
incidents since 1960.[38]
No mine-related casualties to Czech military personnel serving abroad were
reported in 2003, and none have been reported since 1999.
The Czech health insurance system is compulsory and covers medical treatment
and compensation in case of disability and loss of
income.[39]
[1] See Landmine Monitor Report 2000, p.
624. [2] See Article 7 Reports
submitted: 3 May 2004 (for calendar year 2003); 30 April 2003 (for calendar year
2002); 3 May 2002 (for calendar year 2001); 30 June 2001 (for the period to 30
June 2001); 30 April 2001 (for the period to 30 April 2001); 15 August 2000 (for
the period to 1 July 2000). [3]
Statement by the Czech Republic, Fifth Meeting of States Parties, Bangkok, 16
September 2003. [4] Letter from
Jiří Svoboda, UN Department, Ministry of Foreign Affairs, 27 March
2003; see also Landmine Monitor Report 2002, p. 223. These statements modify
the previous position that “mere participation” should not make
Czech personnel liable to prosecution. See Landmine Monitor Report 2001, p.
676. [5] Interview with Lt. Col.
Richard Mácha, Strategic Planning Division, Ministry of Defense, Prague,
6 March 2002. In May 2004, the Landmine Monitor requested confirmation of this
statement. [6] However, at an ICRC
meeting in March 2001, Czech military representatives said that antivehicle
mines with tilt rods and breakwire fuzes are not included in army training
procedures. Interview with Lt. Col. Jozef Trabalik, Ministry of Defense,
Bohuslavice nad Vlari, 20 February 2001; see also Landmine Monitor Report 2001,
p. 678. [7] Letter from Alexander
Slabý, UN Department, Ministry of Foreign Affairs, 31 March
2000. [8] Statement by the Czech
Republic, Fifth Meeting of States Parties, 16 September 2003. For similar
previous statements of the Czech position, see Landmine Monitor Report 2002, pp.
222–223, and Landmine Monitor Report 2001, p.
678. [9] Letter from Ivo
Šrámek, Director, UN Department, Ministry of Foreign Affairs, 27 May
2004. [10] German Initiative to Ban
Landmines, “Czech arms producer suspected of violating the Ottawa
Convention,” www.landmine.de ,
accessed on 6 May 2003. [11] Letter
from Ivo Šrámek, Ministry of Foreign Affairs, 27 May 2004 (original
emphasis). [12] See Landmine Monitor
Report 2002, p. 223. [13] See
Landmine Monitor Report 2003, p.
225. [14] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May
2004. [15] Letter from Josef Vitek,
Ministry of Foreign Affairs, 25 February 2002, and interview, 6 March
2002. [16] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May 2004; Article 7 Report,
3 May 2004; CCW Amended Protocol II Article 13 Report, 15 October
2003. [17] For types of antipersonnel
mine produced, see Landmine Monitor Report 1999, pp. 707–708.
Czechoslovakian mines were exported and used in Afghanistan, Angola, Cambodia,
the former East Germany, Eritrea, Ethiopia, Mozambique, Namibia, Nicaragua,
Somalia, South Africa, and
Zambia. [18] Letter from Alexander
Slabý, Ministry of Foreign Affairs, 31 March 2000; Article 7 Report, Form
E, 15 August 2000; see also Landmine Monitor Report 2000, p.
626. [19] Statement by Miroslav Tuma,
UN Department, Ministry of Foreign Affairs, at Regional Conference on Landmine,
Budapest, 26–28 March 1998. [20]
Article 7 Report, Form G, 30 April 2003; letter from Ivo Šrámek,
Ministry of Foreign Affairs, 27 May 2004. The three types were PP Mi-SR
(132,956), PP Mi-SrII (196,185), and PP Mi-S1M (130). The total of 327,845 is
calculated from 322,996 destroyed and 4,849 mines retained. See Landmine
Monitor Report 2001, p. 677, and Landmine Monitor Report 2002, p.
224. [21] Article 7 Report, Form F, 30
June 2001. Although Article 7 Report, Form G, 3 May 2004 states that 322,996
mines were destroyed, an additional 1,416 mines were destroyed in development of
the destruction facility prior to entry into force of the treaty. Article 7
Report, Form G, 3 May 2002. [22]
Article 7 Report, Form D, 3 May 2004; Article 7 Report, Form D, 30 June 2001.
The mines retained were PP Mi-Sr (1,245), PP Mi-Sr II (3,474), and PP Mi-S1M
(130). Different subtotals of two types were given in previous Article 7
reports: PP Mi-Sr (1,375), PP Mi-Sr II (3,344), and PP Mi-S1M
(130). [23] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May 2004; telephone
interview with Lt. Col. Richard Mácha, Ministry of Defense, Prague, 5 May
2003. [24] Fax from Jiří
Svoboda, Ministry of Foreign Affairs, 10 June
2003. [25] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May
2004. [26] Letter from
Jiří Svoboda, Ministry of Foreign Affairs, 27 March 2003. For
previous clearance operations, see Landmine Monitor Report 2002, p.
224–225. [27] Article 7 Report,
Form C, 3 May 2004; Amended Protocol II Article 13 Report, Form B, 15 October
2003. [28] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May
2004. [29] Letter from
Jiří Svoboda, Ministry of Foreign Affairs, 27 March 2003. See also
Landmine Monitor Report 2001, p.
679. [30] ITF, “Annual Report
2003,” pp. 16, 36. [31] Exchange
rate for 2003 of $1 = CZK26.860, Czech Bank exchange rate at 2 June
2003. [32] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May
2004. [33]
Ibid. [34] Statement by the Czech
Republic, Fifth Meeting of States Parties, 16 September
2003. [35] See Landmine Monitor Report
1999, p. 709, and Landmine Monitor Report, p.
628. [36] CCW Amended Protocol II
Article 13 Report, Form E, 15 October
2003. [37] Letter from Ivo
Šrámek, Ministry of Foreign Affairs, 27 May
2004. [38] See Landmine Monitor Report
2003, p. 226, and Landmine Monitor Report 2002, pp.
225–226. [39] For more details,
see Landmine Monitor Report 2002, p. 226.
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