LM Report 2004

Romania

Key developments since May 2003: Romania completed destruction of more than one million stockpiled mines on 25 March 2004, well in advance of the treaty deadline. In February 2004, Romania announced that it was reducing the number of antipersonnel mines to be retained from 4,000 to 2,500. In 2003, Romania transferred 3,265 antipersonnel mines to the US, a non-State Party, for training in mine detection and clearance. During 2003, Romania acted as Chair of the Reay Group on Mine Action, which is part of the Stability Pact for South East Europe. A regional meeting was held in Bucharest on 2–3 February 2004 to review progress of States Parties in meeting their Mine Ban Treaty obligations. Romania adhered to CCW Amended Protocol II on 25 August 2003.

Key developments since 1999: Romania ratified the Mine Ban Treaty on 30 November 2000 and became a State Party on 1 May 2001. Implementing legislation was published on 4 December 2002; penal sanctions for treaty violations are said to be covered by the existing criminal law. Romania served as co-rapporteur then co-chair of the Standing Committee on Stockpile Destruction from September 2001 to September 2003. Romania completed destruction of more than one million stockpiled mines on 25 March 2004.

Mine Ban Policy

Romania signed the Mine Ban Treaty on 3 December 1997 and ratified it on 30 November 2000, becoming a State Party on 1 May 2001.^[1] Romania attended all preparatory meetings of the Ottawa Process, but participated in the Oslo treaty negotiations in September 1997 only as an observer. When signing the Mine Ban Treaty in December 1997, Romania’s representative emphasized the need for “financial solidarity” with countries requiring assistance so they could meet their treaty obligations.

Government Decision 1326 on implementation of the Mine Ban Treaty was published on 4 December 2002.^[2] The existing criminal law purportedly covers penal sanctions for violation of treaty prohibitions. In June 2004, Romania stated that penal sanctions are covered by Article 280 of the criminal code, not Article 289 as reported previously.^[3]

Romania submitted its annual Article 7 report on 11 May 2004. It includes voluntary Form J on which additional details of the stockpile destruction program are given. Romania submitted three previous Article 7 reports.^[4]

Romania has attended all of the annual Meetings of States Parties and the intersessional meetings since 1999. Romania served as co-rapporteur then co-chair of the Standing Committee on Stockpile Destruction from September 2001 to September 2003. It acted as Vice-President of the Fifth Meeting of States Parties in September 2003.

At the UN General Assembly in October 2003, Romania’s representative reaffirmed his country’s commitment to the universal application of the Mine Ban Treaty, describing compliance with the treaty and humanitarian mine activities as “mutually reinforcing.”^[5] In December 2003, Romania voted in favor of UN General Assembly Resolution 58/53, which calls for universalization and implementation of the Mine Ban Treaty. Romania has voted for every annual pro-ban UN General Assembly resolution since 1996.

Romania has been active in promoting the Mine Ban Treaty in its region, and attended regional conferences on the mine issue in Budapest in 1998 and Warsaw in June 2001. During 2003, Romania acted as Chair of the Reay Group on Mine Action, which is part of the Stability Pact for South East Europe. A regional meeting was held in Bucharest on 2–3 February 2004 to review progress of States Parties in meeting their Mine Ban Treaty obligations.^[6] In view of the treaty’s first Review Conference in December 2004, the meeting featured an assessment of future challenges with respect to mine clearance, victim assistance, destruction of stockpiled mines, and setting up national implementation measures. Romania described the process of universalization of the treaty as more than ratification/accession procedures. It said that States Parties belonging to the Reay Group will remain involved with the hope that South East Europe will become a region free of stockpiled antipersonnel mines by 2008, one year before the second Review Conference. Similar achievements were expected with mine survivor assistance, and socio-economic reintegration.^[7].

Romania has not engaged in the extensive discussions that States Parties have had on matters of interpretation and implementation related to Articles 1, 2, and 3. Thus, Romania has not made known its views on issues related to joint military operations with non-States Parties, foreign stockpiling and transit of antipersonnel mines, antivehicle mines with sensitive fuzes or antihandling devices, and the permissible number of mines retained for training.

In January 2004, it was reported that Romania had offered the United States sites for “small, flexible military bases” with access to the Black Sea.^[8] Romania did not reply to a Landmine Monitor request to make known its views on the legality of storage or transit of foreign antipersonnel mines on Romanian territory, and the legality of operations or exercises conducted jointly with States not party to the Mine Ban Treaty where antipersonnel mines are involved.^[9]

Romania adhered to Amended Protocol II of the Convention on Conventional Weapons (CCW) on 25 August 2003, following ratification by parliament on 27 June 2003. It attended the Fifth Annual Conference of States Parties to the Protocol in November 2003.

NGO Activities

The NGO, Sibienii Pacifisti (People of Sibiu for Peace), has campaigned on the mine issue since 1999. Activities included, in 2001, a seminar “One Year Since Ratification,” and in 2002, monthly information seminars on the landmine issue. Sibienii Pacifisti also called on the government to obtain assurances from the US that any military equipment transferred through Romania would not include antipersonnel landmines.^[10]

Production and Transfer

Romania produced seven types of antipersonnel mines, and was also an exporter of mines. Production ceased in 1990.^[11] An export moratorium was imposed in 1995. Romania’s April 2003 Article 7 report stated that all production facilities have been converted or decommissioned.^[12]

In September 1999, the Romanian company, Romtechnica, offered antipersonnel mines for sale at a defense exhibition in the United Kingdom. This was widely reported, both in Romania and the UK. The Romanian authorities explained the incident as a simple error in documentation – the antipersonnel mines were not in current production for either internal use or export. UK police investigated and no action was taken.^[13]

Romania revealed in its May 2004 Article 7 report that it had transferred 3,265 antipersonnel mines to the US Department of the Navy under Article 3 of the Mine Ban Treaty.^[14] The mines were requested by the US for testing and developing mine detection and clearance equipment, and transferred by Romania together with other munitions. However, the US is not a State Party to the treaty. Landmine Monitor asked what assurances Romania had received from the US that the mines would only be used for purposed permitted by the Mine Ban Treaty. A Romanian official said that other than the statement of intended use in the US request, no conditions were placed on the transfer of these mines and no other assurances were given by the US.^[15]

Stockpiling and Destruction

Romania’s first Article 7 report, in January 2002, declared a stockpile of 1,076,839 antipersonnel mines, composed of seven types.^[16] Romania’s capacity to destroy its stockpile was assessed by the Stability Pact for South East Europe in September 2001 as “well prepared, pragmatic, efficient and effective.” A small amount of equipment was donated by Canada and Norway.^[17] Destruction of the stockpile started a month after Romania became a State Party. The 27,445 antipersonnel mines held by the Ministry of Interior were destroyed in June/July 2001. In August 2001, the Ministry of Defense started destruction of 1,047,629 mines from its own stockpile. This process was completed on 25 March 2004, more than a year in advance of the treaty deadline. A total of 1,075,074 mines were destroyed by both ministries. From the Ministry of Defense stockpile, additional quantities of 3,265 antipersonnel mines were transferred to the US, and 2,500 were retained for training and development, indicating that Romania’s original stockpile totaled 1,080,839.^[18] Regular updates of the destruction program were given at Standing Committee meetings.^[19]

In February 2004, Romania announced that it was reducing the number of antipersonnel mines to be retained from 4,000 to 2,500.^[20] The specific purposes for which these mines will be used have not been reported.

Mine Action and Mine Casualties

In March 2004, Romania’s representative to the Conference on Disarmament said that, with completion of the stockpile destruction program, Romania hoped in the future to be able to increase its contribution to victim assistance.^[21]

In 2003, Romania did not make financial contributions to mine action in other countries. The last financial contribution reported to the Landmine Monitor was $330,000 donated for mine clearance in Bosnia and Herzegovina in 1995–1998. However, in-kind assistance has been provided. Romania participated in the International Security Assistance Force in Afghanistan in 2002–2004. Engineering troops have participated in demining operations in Albania, Angola and Bosnia and Herzegovina. Romanian field hospitals in Angola, Kuwait and Somalia provided medical assistance to mine victims, among others, up to 1997.

On 7 October 2002, two Romanian soldiers working with the International Security Assistance Force in Afghanistan were wounded when their vehicle struck an antipersonnel mine near Kandahar.^[22]

[1] See Landmine Monitor Report 1999, p. 755.
[2] Decision No. 1326, 27 November 2002, Official Gazette, Part I, No. 874, 4 December 2002. This designates responsibilities for the ministries involved and establishes an Interdepartmental Working Group to coordinate implementation of the treaty. See also Landmine Monitor Report 2001, pp. 765–766.
[3] Intervention by Romania, Standing Committee on Stockpile Destruction, Geneva, 24 June 2004; letter from Col. Marin Radu, President of the Interdepartmental Working Group, 31 March 2003; details of Article 289 were presented at the Reay Group meeting, Bucharest, 2–3 February 2004.
[4] See Article 7 reports submitted: 11 May, but dated April 2004 (for the period 9 April 2003–8 April 2004); April 2003 (day not stated, for the period 8 April 2002–8 April 2003); 18 April 2002 (for the period 2 October 2001–8 April 2002); and 27 January 2002 (for the period 1 May–1 October 2001).
[5] Statement by Mihnea Motoc, Permanent Representative to the UN in New York, General Assembly, United Nations, New York, 7 October 2003.
[6] With the accessions and ratifications of Greece, Turkey, Serbia and Montenegro in September 2003, all countries in South East Europe became States Parties to the Mine Ban Treaty.
[7] Statement by Doru Costea, Permanent Representative to the UN in Geneva, Standing Committee on the General Status and Operation of the Convention, Geneva, 9 February 2004.
[8] “Romania offers US Choice of Sites for Military Bases,” Kathimerini (Greece), 10 January 2004.
[9] Landmine Monitor questionnaire sent on 4 March 2004.
[10] Open Letter to the Parliament, Presidency and Government, 26 February 2003; Tribuna (daily newspaper), 8 March 2003.
[11] Statement by Amb. Filip, Second Meeting of States Parties, Geneva, 11 September 2000. For details of production, see Landmine Monitor Report 1999, p. 756.
[12] Article 7 Report, Form E, April 2003.
[13] See Landmine Monitor Report 2000, pp. 782–783.
[14] Article 7 Report, Form D2, 11 May 2004. Four types were transferred to the US Department of the Navy: MAI-75 (1,300), MAI-68 (1,300), MAI-6 (620), and MAI-2 (45). Article 3 permits retention or transfer of a minimum number of antipersonnel mines for the development of or training in mine detection, mine clearance, or mine destruction techniques.
[15] Interview with Radu Stanicel, Arms Control Expert, Central Office of State for Special Issues, at Standing Committee meetings, Geneva, 24 June 2004.
[16] Article 7 Report, Form B, 27 January 2002; Statement by Romania, Standing Committee on Stockpile Destruction, Geneva, 12 February 2004. The seven types were: MSS (42,660), MAI-2 (114,640), MAI-6 (115,988), MAI-68 (135,343), MAI-75 (641,072), MAI-2/TNT (97), and MAI-75/TNT (26,829). Data presented by Romania in June 2004 indicates that the stockpile totaled 1,080,839 at the start of stockpile destruction (see next paragraph).
[17] “Overview of Capability Reports,” Reay Group on Mine Action, Working Table III (Security Issues), Stability Pact for South-East Europe, 17 October 2001, pp. 7–9. See Landmine Monitor Report 2002, p. 423.
[18] Intervention by Romania, Standing Committee on Stockpile Destruction, Geneva, 24 June 2004; and email from Radu Stanicel, Central Office of State for Special Issues, 12 July 2004. This clarifies data on stockpile destruction reported previously by Romania.
[19] For details of the destruction program, see Landmine Monitor Report 2002, pp. 423–424.
[20] Statement by Romania, Standing Committee on Stockpile Destruction, 12 February 2004, and Article 7 Report, Form D1, 11 May 2004. Five types were retained: MAI-75 (1,940), MAI-68 (240), MAI-6 (90), MAI-2 (110), and MSS (120).
[21] “Conference on Disarmament hears statements from Romania, Algeria and United States,” M2 Presswire (news agency), 25 March 2004.
[22] “Romanian Troops Hurt by Landmine in Afghanistan,” Reuters, 7 October 2002.