LM Report 2004

Malta

Key developments since 1999: Malta ratified the Mine Ban Treaty on 7 May 2001, and became a State Party on 1 November 2001. Malta has declared that it has never produced, stockpiled or used antipersonnel mines, and is not mine-affected. Legislation to implement the treaty in Malta was enacted on 27 April 2001. Malta joined CCW Amended Protocol II on 24 September 2004.

Mine Ban Policy

The Republic of Malta signed the Mine Ban Treaty on 4 December 1997 and ratified it on 7 May 2001, becoming a State Party on 1 November 2001. Malta first expressed support for an immediate and total ban on antipersonnel mines in May 1996, during the Review Conference of the Convention on Conventional Weapons. Malta participated in Ottawa Process and the Oslo negotiating conference in September 1997. It has voted for every annual pro-ban UN General Assembly resolution since 1996.

In October 2001, Malta informed the UN General Assembly that it was “greatly heartened to witness the sterling work of those delegations and members of Civil Society that have, in a few short years, transformed the Anti-Landmines Movement into a workable Convention whose provisions are respected not only by the ever increasing number of states parties but also by non-states parties whose actions are coloured by the moral strength of the Convention.”^[1]

Legislation to implement the treaty in Malta was enacted on 27 April 2001, using a design-based definition of “antipersonnel mine” without reference to antihandling devices as in Article 2.3 of the treaty. The legislation includes penal sanctions for violation of the treaty prohibitions.^[2]

Malta did not attend the Fifth Meeting of States Parties in September 2003, but has attended previous annual Meetings of States Parties since 1999. Malta attended the intersessional Standing Committee meetings in February and June 2004, and has attended previous intersessional meetings with the exception of those in May 2002 and May 2003.

Malta submitted its annual Article 7 report on 14 June 2004. This includes the voluntary Form J, on which Malta reports a financial donation for mine action in 2001. Malta has submitted two previous Article 7 reports.z^[3] These are essentially “nil” reports, indicating that Malta does not produce, possess or transfer antipersonnel mines, and is not mine-affected.^[4]

In May 2004, Malta donated $2,000 to the UN Voluntary Trust Fund for Assistance in Mine Action (VTF).^[5] In 2001, it made a similar donation to the VTF,^[6] and in 1998, Malta donated $1,952 to the VTF.^[7]

Malta is a State Party to the Convention on Conventional Weapons (CCW), and consented to be bound by Amended Protocol II on 24 September 2004. Malta participated as an observer in the Fifth Annual Conference of States Parties to the Protocol in November 2003, and has attended previous annual conferences of States Parties to the Protocol since 1999.

[1] Statement of Julian Vassallo, Representative of Malta, First Committee, UN General Assembly, New York, 9 October 2001.
[2] Legal Notice 97 of 2001, Government Gazette No. 17087, 27 April 2001, issued under the National Interest (Enabling Powers) Act (CAP. 365).
[3] See Article 7 Reports submitted: 14 June 2004 (for calendar year 2003); 6 March 2003 (for calendar year 2002); 30 April 2002 (for the period 1 November 2001–30 April 2002).
[4] See also Landmine Monitor Report 1999, p. 743.
[5] Email from Ray Sarsero, Permanent Mission of Malta to the UN, Geneva, 23 July 2004.
[6] Article 7 Report, Form J, 14 June 2004 (for calendar year 2003).
[7] UNGA, “Report of the Secretary-General: Assistance in Mine Clearance,” 14 October 1998, p. 29.