Key developments since May 2003: National implementation
legislation, which was approved by the National Assembly on 8 April 2003, was
promulgated on 5 December 2003. South Africa has served as co-rapporteur of the
Standing Committee on the General Status and Operation of the Convention since
September 2003. The South African Police Service revealed that it is holding 58
antipersonnel mines for training purposes.
Key developments since 1999: South Africa has played a leading role
in the intersessional work program of the Mine Ban Treaty and in promoting
universalization and full implementation of the treaty, especially in Africa.
South Africa served as co-chair of the Standing Committee on the General Status
and Operation of the Convention from May 1999 to September 2000, and as
co-rapporteur of the same committee since September 2003. South Africa
completed destruction of its stockpile of mines in October 1997. National
implementation legislation was promulgated in December 2003. South African
firms have been involved in mine clearance operations around the world, and in
developing demining technology and equipment.
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. South Africa was
part of the core group of countries leading the Ottawa Process. It hosted the
May 1997 Organization of African Unity Kempton Park meeting, which was key to
building support for the ban treaty among African states, and Ambassador Jackie
Selebi served as President of the Oslo treaty negotiations.
Since 1999, South Africa has played a leading role in the intersessional work
program of the Mine Ban Treaty and in promoting universalization and full
implementation of the treaty, especially in Africa. South Africa served as the
first co-chair of the Standing Committee on the General Status and Operation of
the Convention from May 1999 to September 2000, and returned as co-rapporteur of
the same committee in September 2003. South Africa was instrumental in the
establishment of the treaty’s Implementation Support Unit in 2001. South
Africa has been influential in the planning and execution of the annual Meetings
of States Parties and the intersessional Standing Committee meetings since 1999.
It has been active in the Universalization and Article 7 Contact Groups. South
Africa has also been participating in the preparatory process for the 2004
Review Conference.
Regionally, South Africa is a member of the Southern African Development
Community (SADC) Mine Action Committee. In 2002, South Africa stated that the
challenges the SADC Mine Action Committee faced included the need to develop a
regional mine action network, to establish regional standards, and to facilitate
resource mobilization.[1] South
Africa, along with Nigeria and Senegal, developed the political framework, New
Partnership for Africa’s Development (NEPAD), which was endorsed by all
African leaders at the OAU summit on 11 July 2001. NEPAD recognizes that
combating the illicit proliferation of small arms, light weapons and landmines
is one of the important conditions for sustainable
development.[2] South Africa
has voted in favor of every pro-ban UN General Assembly resolution since 1996,
including UNGA Resolution 58/53 on 8 December 2003.
South Africa began developing implementation legislation for the Mine Ban
Treaty in 1999. After a lengthy consultation process within government, and
with industry and civil society stakeholders, the “Anti-Personnel Mines
Prohibition Act” was approved by the National Assembly on 8 April 2003 and
promulgated on 5 December
2003.[3] The ICBL and others
have commended South Africa for the strength of the bill, and for the inclusive
process that produced it.
The bill prohibits not only devices that are designed as antipersonnel
landmines, but also any other device that acts like one. It includes penal
sanctions for violations of the law, and provides for domestic inspections,
international fact-finding missions to South Africa, and domestic as well as
international cooperation. The South African military may not assist other
militaries in using, transporting or storing antipersonnel
mines.[4]
South Africa has participated in the extensive States Parties discussions on
matters of interpretation and implementation related to Articles 1, 2, and 3 of
the Mine Ban Treaty, and its national legislation also addresses these issues.
With respect to Article 1, 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.[5] With
respect to Article 2, South Africa has expressed its view during intersessional
meetings that an antivehicle mine with an antihandling device capable of being
activated by the unintentional act of a person is banned. With regard to
Article 3, South Africa in June 2004 questioned a proposal that States Parties
agree to report more specifically on the intended purposes and actual uses of
mines retained for training.[6]
South Africa submitted its annual updated Article 7 transparency report on 23
April 2004, covering calendar year 2003. It has submitted five previous
reports.[7]
South Africa is a State Party to the Convention on Conventional Weapons (CCW)
and its Amended Protocol II. South Africa participated in the Annual Conference
of States Parties to the CCW in November 2003, and submitted its Amended
Protocol II Article 13 report in December 2002. South Africa has participated
in the work of the CCW Group of Governmental Experts on antivehicle mines and on
explosive remnants of war (ERW) since 2002, and strongly supported the
negotiation of Protocol V on ERW, which was agreed to in November 2003.
Production, Transfer, Stockpiling and Use
South Africa is a past producer and exporter of antipersonnel
mines.[8] It stopped production
of antipersonnel mines in 1995 and prohibited export in 1996. In May 1996, it
suspended the use of antipersonnel mines, pending an evaluation of military
utility of the weapon.[9] South
Africa completed the destruction of its stockpiles of antipersonnel mines on 30
October 1997.[10]
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.[11] In
1997, the South African National Defense Force (SANDF) transferred 5,000
retained mines to Mechem. 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, 50 in 2001, 55 in 2002, and 44
in 2003. As of 31 December 2003, 4,356 Rain 51103-05 mines remained in stock,
under the control and authority of the Council for Scientific and Industrial
Research’s Defencetek. However, during consultations with government
departments in the compilation of the 2003 Article 7 report, the South African
Police Service indicated that it was holding 58 antipersonnel mines of various
types, used in accordance with Article 3, thus increasing the number of retained
mines to 4,414 antipersonnel
mines.[12]
South Africa maintains stocks of Claymore-type directional fragmentation
mines, but indicated in 2003 that these only have command-activated firing
devices, and not “victim-triggerable firing devices,” such as
tripwires.[13]
In the past, landmines were used in South Africa, though not extensively.
Ex-combatants from both the former apartheid regime and the African National
Congress (ANC) admitted during the Truth and Reconciliation hearings to laying
mines.[14] The ANC publicly
apologized for the civilian deaths and injuries resulting from the use of
antipersonnel landmines.
Mine Action Assistance
South Africa provides a number of international humanitarian organizations
with financial and material aid aimed mainly, but not exclusively, at activities
in SADC member states. (See below for Survivor Assistance).
In 2002, three South African explosive experts helped with the training of
Ethiopian deminers. As part of Operation Rachel, a bilateral cooperation
agreement on arms destruction between the South African Police Service and the
Police of the Republic of Mozambique, 1,600 antipersonnel mines (among other
weapons) were destroyed from 1995 to November
2002.[15]
Numerous South African companies are involved in mine action, most notably
Mechem Consultants, a subsidiary of the state-owned arms company Denel that has
been engaged in mine action activities for over four
decades.[16] In March 2004,
Mechem began surveying roads in southern Sudan, under contract with the UN
Office for Project Services, using the Mechem Vehicle Mounted Mine Detection
System (MVMMDS), “an electronic landmine and UXO detection system mounted
on a mine protected vehicle platform,” which automatically marks suspected
areas that are subsequently manually
demined.[17] Mechem is also
working with the Swiss Foundation for Mine Action on a road clearance project in
Western and Eastern
Equatoria.[18]
In the Democratic Republic of Congo (DRC), Mechem has been contracted by the
UN peacekeeping mission (MONUC) to conduct technical surveys and to facilitate
the further deployment of MONUC in the Kisangani and Kindu airports. Work began
in late 2002. The DRC reports that by the end of 2003, Mechem had cleared around
airports in Kisangani, Manono, Kindu and Bunia, and was working on the road to
Beni in Bunia.[19]
Beginning in 1997, Mechem was involved in the UN Food for Oil Program in
northern Iraq, where it managed the Mine Detecting Dog
operation.[20] In 2002, this
contract was worth US$6 million. Before the invasion of Iraq in 2003 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 landmines and unexploded
ordnance (UXO).[21]
In 2002, a South African company, Evalnet: Evaluation for Sustainable
Development in Africa, was contracted by UNICEF to develop and implement a
“Knowledge, Attitude, and Practices” survey on landmine/UXO
awareness in Somalia.[22]
Other South Africa-based firms offer mine action services. Pretoria-based
BRZ International has cleared mines in at least five
countries.[23] The regional
office of Carlos Gassmann Tecnologias De Vanguarda Aplicadas Lda (CGTVA) is
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 (IMEESA)
provides, among other services, training in demining, mine awareness programs,
management of demining projects and surveying. Conflict Zone Logistics trains
deminers. UXB Africa provides a number of services including UXO and customized
landmine-related training
courses.[24] Specialist Dog
Services breeds mine detecting dogs, trains handlers, and has operational
experience in countries such as Angola, Croatia, Mozambique, Namibia and Uganda,
as well as northern Iraq. Bullet Proof Technology offers a range of materials
to provide protection against antipersonnel and antitank mines.
Mine Action Research and Development
South Africa is a significant producer of mine clearance equipment and is
considered to possess leading demining expertise. 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
Defencetek. However, Mechem is still involved in a number of applied research
contracts with the US government and private companies. Defencetek, the
technology partner of the Department of Defense, produces mine-clearing
equipment and mine-protected vehicles or modifications. The Council for
Scientific and Industrial Research (CSIR), through Defencetek, 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.[25]
RSD, a division of Dorbyl Ltd., produces the Mobile Mine Detection and
Clearing System that was developed, designed and manufactured in South Africa to
provide mine detection and clearance of
roads.[26] Alvis South Africa,
a subsidiary of Alvis plc of the United Kingdom, has a division, Alvis OMC,
which produces mine-protected
vehicles.[27] 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.[28] 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 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, evaluators, conference organizers and facilitators include
Management & Conference Services Africa (Pty) Ltd, Mines Action Southern
Africa, South African Institute for International Affairs (SAIIA), and the
African Demining Institute. 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. The University of Cape Town's Physics Department
has undertaken some research into “Land Mine Detection by Neutron
Backscattering.”[29]
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. In December 2000, as part of SADC's Mine Action
Program, a course for National Mine Action Technical Advisors from Southern
Africa was presented by the IMEESA.
Landmine 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.[30]
In 2003, South Africa contributed R500,000 (US$50,000) to the International
Committee of the Red Cross (ICRC) for mine action in
Angola.[31] In 2002, the ICRC
received R200,000 (US$20,000) for the rehabilitation of landmine survivors in
Angola and R350,000 (US$35,000) in 2000 and 2001, for the rehabilitation of
landmine survivors in the SADC
region.[32]
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; this is linked to a
physical rehabilitation training program and support for local
authorities.[33]
Since 2001, South Africa has submitted the voluntary Form J with its annual
Article 7 Report to report victim assistance
funding.[34] A South African
mine survivor participated in the Raising the Voices training program in
2002.
[1] Statement by Mosiuoa Lekota, Minister
of Defense, 10 October 2002. [2] See
Landmine Monitor Report 2002, p. 448, for more details on this and other
examples of South Africa’s participation in universalization of the ban
treaty in Africa. [3] Article 7
Report, Form A, 23 April 2004. [4] See
Landmine Monitor Report 2003, p. 430, for more details. Sanctions for
offenders include: if found guilty of an offense, a person is liable for a fine
and/or imprisonment for a period not exceeding 25 years, and any company who
contravenes the bill is liable to a fine not exceeding R1
million. [5] Oral remarks to the
Standing Committee on the General Status and Operation of the Convention,
Geneva, 7 February 2003 (Landmine Monitor/HRW
notes). [6] Oral remarks to the
Standing Committee on General Status and Operation of the Convention, Geneva, 25
June 2004 (Landmine Monitor/HRW
notes). [7] South Africa 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), 28 May 2002 (for calendar year 2001), and 30 April 2003
(for calendar year 2002). [8] For
information on past production, transfer, and stockpiling see Landmine Monitor
Report 1999, pp. 83-85; Landmine Monitor Report 2000, pp. 103-104; and Landmine
Monitor Report 2001, pp. 148-149. South Africa's mines have been found in
Angola, Mozambique, Namibia, Zambia and Zimbabwe and exported further afield to
Cambodia, Rwanda and Somalia. The US Department of Defense has identified South
Africa as manufacturing six antipersonnel mines: the R2M2; the R2M1; the Mini-MS
803; Shrapnel No. 2; the Type 72, a direct copy of the Chinese Type 72; and the
No. 69 Mk1, a direct copy of the Italian Valmara
69. [9] At that time, South Africa
advocated “smart” mines as alternatives to antipersonnel mines. By
early 1997, its policy had shifted to full support for a comprehensive ban.
Landmine Monitor Report 1999 p.
83. [10] 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. [11] South African National
Defense Force, “South Africa's Initiatives on Banning Anti-Personnel
Landmines,” Fact Sheet, 6 April 2001; Article 7 Report, Form D, 28 May
2002. [12] Article 7 Report, Form D,
23 April 2004. [13] Article 7 Report,
Form D, 30 April 2003; Interview with Nick Sendall, Policy and Planning,
Department of Defense, 2 May
2003. [14] See Landmine Monitor Report
1999, pp. 85-86, for information on the scope and consequences of landmine use
during that conflict. See Landmine Monitor Report 2002, p. 449, and Landmine
Monitor Report 2003, p. 431, for information on caches of explosive devices
found on three occasions in 2002 and
2003. [15] These operations have
included the destruction of antivehicle mines as well. See Landmine Monitor
Report 2002, p. 449 and Landmine Monitor Report 2003, p, 431.
[16] Mechem Consultants has carried
out mine clearance contracts, and provided mine clearance equipment as well as
mine-protected vehicles to UN agencies, governments and private companies. In
addition to the countries mentioned here, Mechem has worked in Angola,
Mozambique, Bosnia and Croatia. See Landmine Monitor Report 2002, p. 450 and
Landmine Monitor Report 2003, p. 432 for further details about Mechem.
[17] Landmine Monitor field trip,
interview with J.P. Botha, Mechem Project Manager, Kapoeta, Sudan, April
2004. [18] Interview with Jim
Pansegrouw, Chief Technical Advisor, National Mine Action Office, Khartoum, 22
April 2004. [19] DR Congo Article 7
Report, Form F, 21 June 2004. [20]
Correspondence from Braam Rossouw, Mechem Consultants, 31 March 2003.
[21] Linda Ensor, “Local Firm
Likely to Clear Iraq Land Mines,” Business Day, 11 April
2003. [22] Evalnet Website, www.evalnet.co.za [23] For BRZ mine action activities,
see Landmine Monitor Report 2000, p.
106. [24] UXB Website, www.uxb.com. [25]
Email from Trevor Kirsten, Program Manager, Landwards and Applied Technology,
Defencetek, CSIR, 8 April 2003; Armaments Corporation of South Africa Limited
(Armscor), “South African Defense Industry Directory
2002–2003,” Seventh Edition,
2003. [26] 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, “Directory
2002–2003.” [27] Alvis
OMC, “Company Profile,” 2003; Alvis OMC Website, www.alvisomc.co.za
. [28] GICHD, “Mechanical
Demining Equipment Catalogue 2003,” December
2002. [29] See “7th
International Conference on Applications of Nuclear Techniques, Nuclear and
Atomic Industrial and Analytical Applications,” Crete, Greece, 17-23 June
2001. [30] De Wet Potgieter,
“Landmyn Tref Ororlogsheld Wat Vrederswerk Doen,” Rapport, 21 July
2002. [31] Article 7 Report, Form J,
23 April 2004. [32] Article 7 Reports,
Form J, 17 September 2001; 28 May 2002; and 30 April
2003. [33] Interview with Christo
Schutte, Africa Medical Assistance, 2 July
2002. [34] See Form J, in Article 7
Reports submitted: 23 April 2004, 28 May 2002, 17 September 2001.