LM Report 2004

Tunisia

Key developments since May 2003: Tunisia completed destruction of its stockpile of 18,259 antipersonnel mines in September 2003. It is retaining 5,000 mines for training purposes. In June 2003, an inter-ministerial committee to coordinate implementation of the Mine Ban Treaty was established.

Key developments since 1999: Tunisia ratified the Mine Ban Treaty on 9 July 1999 and it entered into force on 1 January 2000. Tunisia submitted its initial Article 7 transparency report in July 2000, providing details on its stockpile of antipersonnel mines and five mined areas for the first time. In January 2002, the government hosted a regional seminar on the Mine Ban Treaty in North Africa. MAG and UNMAS conducted assessment missions in December 2002 and January 2003 to examine Tunisia’s mine clearance needs. In June 2003, an inter-ministerial committee to coordinate implementation of the Mine Ban Treaty was established. Tunisia completed destruction of its stockpile of 18,259 antipersonnel mines in September 2003.

Mine Ban Policy

The Republic of Tunisia participated in the Ottawa Process leading to the Mine Ban Treaty initially as an observer, but signed the Mine Ban Treaty on 3 December 1997. It ratified on 9 July 1999, and the treaty entered into force on 1 January 2000. Since 1996, Tunisia has voted in favor of every annual pro-ban UN General Assembly resolution, including UNGA Resolution 58/53 on 8 December 2003.

Tunisia believes that existing domestic laws are sufficient to cover any violations of the Mine Ban Treaty, and thus it has not enacted new legal measures to implement the treaty.^[1] In June 2003, Tunisia established an inter-ministerial committee to coordinate implementation of the Mine Ban Treaty. The committee oversees activities including submission of its transparency reports, participation in treaty meetings, forming relationships with states parties and NGOs, and national efforts on mine awareness and victim assistance.^[2] It includes representatives of the Prime Minister as well as the Ministries of Defense, Interior and Local Development, Foreign Affairs, Public Health, and Social Affairs and Solidarity.^[3]

Tunisia submitted its initial Article 7 transparency report on 9 July 2000, providing details on its stockpile of antipersonnel mines and five mined areas for the first time. Tunisia did not submit the required annual updated Article 7 transparency report in 2001, but has since submitted four updates, including on 8 September 2003 and on 5 May 2004.^[4]

Tunisia has participated in two of the five annual Meetings of States Parties (2000 and 2002), and every session of the intersessional Standing Committees except in May 2001. From 15-16 January 2002, Tunisia hosted a regional seminar on the Mine Ban Treaty in North Africa. It also attended a regional landmines meeting held in Mali in February 2001.

Tunisia 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, it has not made known its views on the issues of 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.

Tunisia is party to the Convention on Conventional Weapons (CCW) and its 1980 Protocol II, but has not ratified Amended Protocol II on landmines. It attended the Fifth Annual Conference of the States Parties to Protocol II in November 2003 as an observer.

Production, Transfer, Use, Stockpiling and Destruction

Tunisia has never produced or exported antipersonnel mines. It reports last using antipersonnel mines in February 1980.^[5] Its stockpile included mines imported from France, the United States, and Yugoslavia.

Tunisia’s original stockpile contained 23,259 mines.^[6] A total of 5,000 of these mines have been retained for training and research purposes under Article 3: 4,000 PMA-3 mines and 1,000 PROM-1 mines.^[7]

Tunisia completed destruction of its 18,259 stockpiled antipersonnel mines on 4 September 2003, destroying a final 3,015 mines. It finished four months ahead of its treaty-mandated deadline of 1 January 2004.^[8] The destruction operation began on 30 June 1999 with the destruction of 1,000 antipersonnel mines.^[9] It was carried out in phases: 12 January 2000 (1,000 mines), 5 September 2002 (5,000 mines),^[10] 12 December 2002 (4,684 M-51 mines),^[11] and 12 June 2003 (3,560 mines).^[12] The national army carried out the destruction by open detonation, sometimes in front of invited witnesses including diplomats and United Nations officials.^[13]

Landmine Problem

Tunisia is mine-affected, but officials state that the mines have little humanitarian impact; mine incidents are rare because the mined areas are remote and difficult to access.^[14] A March 2003 assessment report by the UN Mine Action Service (UNMAS) described the problem as a relatively low-impact landmine presence and noted that the nine minefields maintained by the Tunisian military are not very dangerous for the local population, because they are clearly identified and located in the less-populated border zones.^[15]

Minefields were emplaced by Tunisia in 1976 and 1980. In addition, mines and unexploded ordnance (UXO) remain in World War II-era battlefields. Areas suspected of containing mines and UXO are located in three parts of the country: in Mareth, Matmata and Elhamma regions in the south; Kasserine and Faiedh regions in the center; and Cap-Bon and the northwest regions in the north.^[16]

Tunisia has disclosed information about nine minefields containing 3,526 antipersonnel mines and 1,530 antivehicle mines, emplaced by its Army in four areas along the Tunisian border with Libya (at Ras Jedir, M’guisem, Bir Zar, and M’chiguig) and a fifth area where the borders of Tunisia, Algeria, and Libya meet (at Borj El-Khadhra).^[17]

Tunisian officials state that the nature of the soil in the desert areas causes the emplaced mines to shift locations, reducing the reliability of the records made at the time the mines were laid.^[18] According to the UN, the minefields are marked and extensively fenced with barbed wire, which is maintained regularly by the Army.^[19]

Mine Action

There is currently no national body to comprehensively address the mine problem in Tunisia. In September 2002, Tunisia made a plea for assistance to help initiate mine action activities in the country.^[20] From 9 to 18 December 2002, the UK-based mine clearance NGO, Mines Advisory Group (MAG), undertook an assessment mission to Tunisia, with the support of Canada. Another assessment mission by UNMAS took place from 20 to 24 January 2003. Tunisian officials consider the missions as the first elementary stage of mine action activities in the country.^[21] The UNMAS mission concluded that demining the nine minefields should take about six months and cost about $1 million.^[22] Tunisia is obligated by the Mine Ban Treaty to destroy all mines in mined areas as soon as possible, but no later than January 2010.

The national Army is the only body authorized to take any practical actions related to landmines or UXO, but it did not engage in mine clearance in 2003. Between 1991 and March 2001, 6,997 mines and UXO were reported cleared.^[23] While the Army’s capabilities are adequate for the performance of military clearance and emergency UXO response, the UN believes some technical and procedural adjustments will be necessary before the Army can engage in humanitarian demining.^[24]

There are no formal mine risk education programs in Tunisia, but authorities maintain that they take all necessary measures to alert civilians of mined areas.^[25] The UNMAS assessment suggested there should be a national campaign for mine/UXO risk education done “delicately,” so that the program does not cause civilian panic and exacerbate the problem; it suggested the Tunisian Red Cross could be in charge of this.^[26]

Landmine Casualties and Survivor Assistance

In 2003, no new landmine casualties were reported in Tunisia.^[27] The last reported mine incident occurred in January 2002 when two shepherds were injured by an antipersonnel mine that exploded in a fire in the Kairouan area.^[28] According to UNMAS, four civilian mine casualties were registered in the preceding two years.^[29] Between 1991 and 1996, Tunisian authorities registered three mine and UXO casualties.^[30] No mine casualties were reported in the first half of 2004.

Tunisia has a well-developed public healthcare system, including emergency care and orthopedic services available from hospitals and regional dispensaries.^[31] The Center for Professional Rehabilitation (Centre de Réadaption Professionnelle des Handicapés Moteurs et des Accidentés de la Vie) provides facilities for physical rehabilitation. The Ministry of Disabled Affairs is responsible for the care of all persons with disabilities in Tunisia, including landmine/UXO survivors.^[32]

[1] Tunisia cites Laws 69-33, 96-63, and 70-60. Interview with Mona Mechareq, Disarmament Department, Ministry of Foreign Affairs, Geneva, 14 May 2003; Article 7 Report, 5 May 2004.
[2] Official Journal of the Republic of Tunisia, Decree number 1266/2003, 9 June 2003.
[3] Ibid.
[4] See Article 7 Report submitted: 5 May 2004 (for the period 8 September 2003 – 5 May 2004), 8 September 2003 (for the period 15 April 2003 – 8 September 2003), 7 May 2003 (for the period 12 December 2002 – 15 April 2003), 4 October 2002 (for the period 1 July 2000 – 10 September 2002), and 9 July 2000 (for the period 1 January 2000 – 30 June 2000).
[5] Article 7 Report, Form C, 5 May 2004.
[6] In its July 2000 Article 7 report, Tunisia reported a stockpile of 17,575 antipersonnel mines including 5,010 undetectable Mle 51 mines (manufactured by France), 6,331 M2 bounding mines (USA), 684 PMA1 and 3,550 PMA3 pressure mines (former Yugoslavia), and 2,000 PROM1 bounding fragmentation mines (former Yugoslavia). The 5,000 mines retained for training were in addition to this number.
[7] Article 7 Reports, Form D, 9 July 2000, 4 October 2002, 7 May 2003, 8 September 2003, 5 May 2004.
[8] Article 7 Report, Form G, 8 September 2003.
[9] Article 7 Report, Form G, 4 October 2002.
[10] Ibid.
[11] Article 7 Report, Form G, 7 May 2003.
[12] Article 7 Report, Form G, 8 September 2003.
[13] Article 7 Report, Form G, 7 May 2003.
[14] Interview with Tunisian delegate, intersessional Standing Committee meeting, Geneva, February 2004.
[15] UN Mine Action Service, “United Nations Assessment Mission on the Problem of Landmines and Unexploded Ordnance in Tunisia,” March 2003, p. 13.
[16] Article 7 reports, Form C, 9 July 2000, 4 October 2002, 7 May 2003, 8 September 2003, and 5 May 2004.
[17] The minefields are: Ras Jedir (1,327 AP mines and 368 AV mines), M’guisem (726 AP mines and 318 AV mines), Bir Zar, (173 AP mines and 81 AV mines), M’chiguig “76” (178 AP mines and 15 AV mines), M’chiguig “80” (315 AP mines), Borj El-Khadhra “76” (132 AP mines and 154 AV mines), Borj El-Khadhra “A” (182 AP mines and 102 AV mines), Borj El-Khadhra “B” (238 AP mines and 238 AV mines) and Borj El-Khadhra “C” (255 AP mines and 254 AV mines). Article 7 reports, Form C, 4 October 2002, 7 May 2003, 8 September 2003, 5 May 2004.
[18] Intervention by Tunisian Delegation, Standing Committee on Mine Clearance, Mine Risk Education, and Mine Action Technologies, Geneva, 5 February 2003.
[19] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 8.
[20] Tunisia last requested international assistance in 2002. See Statement by Ambassador Ali Hachani, Fourth Meeting of States Parties, 18 September 2002.
[21] Interview with Mona Mechareq, Ministry of Foreign Affairs, Geneva, 23 June 2004.
[22] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 17.
[23] Document provided to Landmine Monitor by Tunisian authorities on 25 April 2001.
[24] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 10.
[25] Article 7 Report, Form I, 5 May 2004.
[26] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 15.
[27] Interview with Tunisian delegate, intersessional Standing Committee meetings, Geneva, February 2004.
[28] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 8.
[29] Ibid; Mine Action Support Group Newsletter, June 2003, p. 6.
[30] See Landmine Monitor Report 2002, pp. 497-498.
[31] UNMAS, “UN Assessment Mission to Tunisia,” March 2003, p. 11.
[32] See Landmine Monitor Report 2002, p. 498.