Key developments since May 2004: Namibia submitted an initial Article
7 report on 7 July 2004, which was due by 28 August 1999. The annual update for
2004 was not submitted by the due date of 30 April 2005. Namibia revealed that
in 1998 it had destroyed 21,857 mines and retained 9,999 for training. In June
2005, it reported that 3,848 of the retained mines had been destroyed during
training activities. Namibia has acknowledged that there is a residual
mine/unexploded ordnance problem, for which it has maintained a response
capability. In July 2005, Namibia began a survey to identify any
mine/UXO-affected areas.
Mine Ban Policy
The Republic of Namibia signed the Mine Ban Treaty on 3 December 1997,
ratified it on 21 September 1998, and the treaty entered into force on 1 March
1999. The Mine Ban Treaty is part of national law under the Namibian
Constitution.[1 ]Regarding
implementing legislation, Namibia said in February 2004 that it planned to draft
legislation consistent with Article 9. In July 2004, it said a domestic law was
“under consideration.”[2 ]No further developments have been reported.
As of 30 September 2005, Namibia had not submitted its annual Article 7
transparency report, which was due by 30 April 2005. Namibia’s initial
Article 7 report was submitted on 7 July 2004; it had been due by 28 August
1999.[3 ]
The Minister of Foreign Affairs, Marco Hausiku, led the country’s
delegation to the First Review Conference of the Mine Ban Treaty, held in
Nairobi in November-December 2004. Minister Hausiku stated, “In the
African context, antipersonnel landmines are weapons of mass destruction, as
they too cannot discriminate between combatants and innocent civilians.”
He also said, “We believe that openness and transparency in the field of
antipersonnel landmines are essential, as it can help minimize the risk of
misunderstanding, mistrust and suspicion among neighbours on which armed
conflicts feed.”[4 ]
Namibia participated in the intersessional meetings in Geneva in June 2005,
where it made a statement to the Standing Committee on General Status and
Operation of the Convention with respect to mines retained for training.
Namibia 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. These discussions focus 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. Namibia’s silence on
these matters is especially regrettable since the ICBL has raised concerns about
Namibia’s joint operations with Angolan forces using mines in 2000 and
2001, and about the number of mines retained by
Namibia.[5 ]
Namibia is not a party to the Convention on Conventional Weapons.
Production, Transfer, Use, Stockpiling and Destruction
Namibia stated that it has never produced or exported antipersonnel
mines.[6 ]It says that it obtained
mines as “left-overs during the liberation
struggle.”[7 ]There have been
no serious allegations of use of antipersonnel mines by Namibian forces since
the April 2002 peace agreement in
Angola.[8]
Namibia’s antipersonnel mine stockpile was first revealed by the
initial Article 7 report of 7 July 2004, which reported 31,856 antipersonnel
mines in stock. Prior to this, Namibia had made no official declarations about
its stockpile, even though its treaty deadline for destruction was 1 March 2003.
In February 2004, Namibia stated that it had “destroyed all its stockpiles
of anti-personnel mines and unexploded ordnance from its stores in May
1998,” except for “a very limited number of anti-personnel mines ...
for research and development, training in mine detection, mine clearance and
destruction techniques.”[9 ]From the stockpile of 31,856, it destroyed 21,857 antipersonnel mines and
retained 9,999.[10 ]
Landmine Monitor reported in 2004 that 9,999 was one of the highest numbers
of mines retained by a State Party. The number had not changed since 1998,
indicating that none of the mines had been consumed during research, development
or training activities.[11 ]
At the June 2005 intersessional meetings, Namibia informed States Parties
that it had destroyed 3,848 mines during training activities, leaving 6,151
mines. It said that the number of retained mines would continue to decrease in
the future.[12 ]Namibia has not yet
reported in any detail on the intended purposes and actual uses of its retained
mines—a step agreed to by States Parties in the Nairobi Action Plan that
emerged from the First Review Conference.
Landmine and UXO Problem
In its Article 7 report of July 2004, Namibia declared that there were
“no areas that contain mines” on its
territory.[13 ]In November 2004 at
the First Review Conference, Namibia modified this position, saying, “All
known minefields were declared free from mines in February 2001. However,
clearance of the nuisance mines laid by UNITA elements has been more
problematic. Despite best efforts by the Namibian Defence Force ... there are
still residual problems in certain
areas.”[14 ]In a document
drafted for the First Review Conference, Namibia says that it has consulted with
Angolan authorities “to address common mine problems along the
Namibia-Angola
border.”[15]
During the intersessional meetings in June 2005, Namibia reiterated that
there may still be a small residual problem in the northern areas of Kavango and
Western Caprivi, but stated that this has minimal humanitarian and socioeconomic
impact.[16 ]
Namibia acknowledged that there is also a problem of unexploded ordnance
(UXO), but stated that casualties had been reduced to the minimum. It added,
“Those isolated mines that may still be present will be treated in the
same manner as UXO when
found.”[17]
Landmines were frequently used in Namibia during the war of independence,
between 1961 and 1990. The conflict left mines and UXO in the densely populated
Kaokoland, Owambo, Kavango and Caprivi Strip districts in the northwestern,
northern and northeastern regions of the country. Although more than 60 percent
of the country’s population inhabits these areas, only a small fraction
could be described as affected by the presence of mines, as indicated by the low
number of mine-related
incidents.[18 ]
Mine Action Coordination and Planning
Namibia no longer has a formal mine action structure. However, the
strategic mine action objectives for 2005-2009 state that Namibia will maintain
a national response capability to investigate any areas where mines are
suspected or reported to be present. This capability will also be able to react
to UXO.[19 ]The Ministry of Defense
is responsible for mine clearance, while the Namibian Police Force is
responsible for clearing UXO. The Ministry of Information and Broadcasting is
responsible for mine/UXO risk
education.[20 ]
In 2004, Namibia laid out its strategic mine action objectives for
2005-2009: “If any new areas of mine or potential mine contamination are
identified, Namibian authorities will implement protection measures for the
local community in accordance with procedures that have been in practice for the
last 14 years. Authorities will conduct an information campaign to inform the
local populace while conducting detection and clearance operations.” The
Ministry of Defense adds that another area of mine action needing further
attention is victim assistance.[21 ]
In previous years, “Namibia has had an extensive mine action program
in place since 1995 to clear all known regular minefields.” The program
was described as successful and well supported previously by the US
government.[22 ]The US-sponsored
training and clearance program in Namibia started in 1994 and ended in February
2001. Although the US has noted, “Overall, the establishment of
Namibia’s demining program is complete,” it continues to provide
follow-on support for additional training and equipment for the integrated
military and police clearance teams, most recently in
2003.[23 ]
Survey and Assessment
According to the Chief of Mine Action in the Ministry of Defence, Namibia
planned to identify any remaining areas of concern through a rapid survey
starting in July 2005. The survey would be financed from the national budget.
Five survey teams, composed of police and military personnel, would be deployed
in the northern areas of Kavango and Western Caprivi, collecting information
from the population. If mines or UXO were found, they would be cleared and
destroyed.[24 ]The Ministry of
Defence reports that one team was fielded in July 2005; nothing was found during
this survey but the process is
ongoing.[25]
Two previous surveys and assessments have been conducted of the mine/UXO
problem in Namibia. Mines Advisory Group carried out an assessment in 1998
which indicated the need for training, clearance and explosive ordnance
disposal.[26 ]Another assessment
mission in 1999, carried out by the UN Mine Action Service (UNMAS), concluded
that the “landmine situation in Namibia constitutes neither a humanitarian
emergency nor a major obstacle for development.” It was described as
“finite, well-known and could be solved relatively quickly given the
appropriate resources and
coordination.”[27]
Mine and UXO Clearance
Under Article 5 of the Mine Ban Treaty, Namibia’s deadline to destroy
all antipersonnel mines in mined areas under its jurisdiction or control is 1
March 2009. The Chief of Mine Action declared in June 2005, “We have
reached the goal of mine free, what we do now is hunting. We will declare this
officially, but will not rush. We will make sure that all suspected areas are
visited before declaring mine
free.”[28 ]At the
intersessional meetings in June 2005, the Chief of Mine Action reported that the
Engineer Regiment and Nampol Explosive Unit were “hunting” UXO in
the northern regions of the country.[29 ]This was also stated at the intersessional meetings in June
2004.[30 ]The Ministry of Defence
reports that 17 POMZ-2 antipersonnel mines and 541 other types of munitions were
found and destroyed between March and September
2004.[31 ]There are no reports of
any accidents during
demining.[32]
In August 2005, the Ministry of Defence informed Landmine Monitor that, from
March to September 2004, its operations “in the North of the
country” found and destroyed 17 antipersonnel mines (POMZ-2) and large
quantities of UXO.[33 ]
Mine Risk Education
Organizations involved in mine risk education (MRE) include the Namibian Red
Cross, International Committee of the Red Cross (ICRC) and Ministry of
Information and Broadcasting. ICRC has conducted mine risk education for
Angolan refugees in Namibia since
2003.[34 ]The ministry developed
and implemented an MRE campaign. How this is conducted is not known, but the
Ministry of Defence reports that it has lowered the casualties caused by UXO to
a minimal level. The Police Force sponsors the
campaign.[35]
Namibia states that it will continue to support mine/UXO risk education,
which will be managed by the ICRC. ICRC reports that MRE continued during 2004
for returning refugees; sessions were held in Osire and Kassava refugee camps
for 3,800 refugees prior to
repatriation.[36 ]
Funding and Assistance
Namibia reported that its continuing mine action, including the 2005 survey
and any resulting mine/UXO clearance operations, will be “managed
internally from within the resources of the Government of Namibia.” It
will also fund UXO/mine risk education targeting Namibian
citizens.[37 ]ICRC is funding MRE
for refugees as part of the UN High Commissioner for Refugees-sponsored
repatriation process.
Landmine/UXO Casualties
In 2004, no landmine casualties were reported. One person was killed and
two were injured in three UXO incidents. This represents a decrease from 12
mine/UXO casualties (three killed and nine injured) in
2003.[38 ]
Casualties continued to be reported in 2005, with at least one child killed
and two injured. In February, a boy was seriously injured after tampering with a
hand grenade in Mushangara area, in Mukwe.
[39 ]On 2 May, a boy was killed and
his brother was seriously injured while playing with UXO in
Ovitoto.[40]
There is no systematic nationwide data collection of mine/UXO incidents in
Namibia. The police and media are the principal sources of such information.
Since 1999, landmines and UXO have killed more than 138 civilians and injured at
least 450 others.[41 ]
Survivor Assistance
The government provides assistance to mine survivors through the healthcare
system, and provides prostheses, physiotherapy services, psychological support
and socioeconomic reintegration. It also provides monthly pensions and other
assistance to mine survivors.[42 ]Landmine casualties in Namibia receive emergency medical treatment from
local health centers in the mine-affected areas. Casualties with more serious
injuries are transferred to Windhoek Central State Hospital. The government has
adopted a community-based rehabilitation approach to support people with
disabilities. Assistance is needed to promote socioeconomic
reintegration.[43 ]
In preparation for the First Review Conference, the Ministry of Defence
acknowledged that another area of mine action needing further attention is
victim assistance.[44]
In 2004, ICRC supported the prosthetic/orthotic workshop in Rundu State
Hospital in Kavango by providing supplies and components for the production of
prostheses, and conducted occasional monitoring visits. On average six to ten
orthopedic appliances are delivered each
month.[45]
Friends of Nature Namibia run a project for persons with disabilities,
including war and mine survivors. It provides skills development, job
placements and other training programs to person with disabilities, their
families and caregivers. It sensitizes the general community to the needs of
persons with disabilities and advocates for rights. In 2004, there was a
waiting list of people to participate in the program. Five of the 20 people
employed by the project are living with a disability. The main challenge faced
by the organization is lack of
funds.[46]
Disability Policy and Practice
The Labour Act 1992 prohibits discrimination on the grounds of disability in
relation to employment or occupation.[47 ]The National Assembly adopted the National Policy on Disabilities in April
1997. However, implementation of the policy is lacking. The Ministry of Lands,
Resettlement and Rehabilitation is primarily responsible for coordinating
disability matters and implementing national policy. Landmine survivors and
other persons with disabilities receive monthly pensions from the Ministry of
Health and Social Services.[48]
[1 ]For details of Article 144 of
Namibia’s Constitution, see Landmine Monitor Report 2001, p. 121.
It is not clear how penal sanctions would be applied to offending parties with
regard to specific articles of the Mine Ban Treaty.
[2 ]Presentation by Namibia,
Standing Committee on Stockpile Destruction, Geneva, 12 February 2004; Article 7
Report, Form A, 7 July 2004.
[3 ]Article 7 Report, 7 July 2004.
Namibia lists the report’s date as 21 June 2004, but the date of
submission to the UN was 7 July 2004. Much of the report is handwritten.
Although submitted in 2004, the report cites its reporting period as February
1998 to May 1998.
[4 ]Statement by Marco Hausiku,
Minister of Foreign Affairs, Nairobi Summit on a Mine-Free World (First Review
Conference), Nairobi, 29 November 2004.
[5 ]See Landmine Monitor Report
2004, pp. 597-599.
[6 ]The US Department of Defense
claimed that the country produced PMD-6 AP mines in the past. See Landmine
Monitor Report 1999, p. 65.
[7 ]Statement by Namibia,
intersessional Standing Committee meetings, Geneva, 21-25 June 2004.
[8]In 2000 and 2001, Landmine
Monitor reported on antipersonnel mine use in Namibia by UNITA rebel forces and
Angolan government forces, and on unsubstantiated allegations of use by Namibian
troops. See Landmine Monitor Report 2000, pp. 81-84, and Landmine
Monitor Report 2001, pp. 123-125.
[9 ]Presentation by Namibia,
Standing Committee on Stockpile Destruction, Geneva, 12 February 2004. This was
also stated by Namibia at the intersessional meetings in June 2004.
[10 ]Article 7 Report, Forms D
and G, 7 July 2004.
[11 ]Landmine Monitor Report
2004, p. 599.
[12 ]Statement by Namibia,
Standing Committee on General Status and Operation of the Convention, Geneva, 17
June 2005. Landmine Monitor (HRW) notes.
[13 ]Article 7 Report, Form C, 7
July 2004.
[14 ]Statement by Marco Hausiku,
Minister of Foreign Affairs, First Review Conference, Nairobi, 29 November 2004.
[15]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to Implement Article 5,” undated (2004), p. 3.
[16 ]Interview with Major Filemon
Kotokeni, Chief of Mine Action, Ministry of Defence, at Standing Committee
meetings, Geneva, 15 June 2005.
[17]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004), p. 1.
[18 ]UN Mine Action Service
(UNMAS), “Joint Assessment Mission Report: Namibia,” 6 April 2000,
p. 3.
[19 ]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to Implement Article 5,” undated (2004), p. 4.
[20 ]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to Implement Article 5,” undated (2004), pp. 2–3.
[21 ]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to Implement Article 5,” undated (2004), p. 2.
[22 ]Statement by Marco Hausiku,
MP, Minister of Foreign Affairs, First Review Conference, Nairobi, 29 November
2004.
[23 ]US Department of State,
“To Walk the Earth in Safety,” Bureau of Political-Military Affairs,
Fifth Edition, August 2004, p. 23. For details of clearance activities and
funding, see Landmine Monitor Report 2004, pp. 599, 601.
[24 ]Interview with Major Filemon
Kotokeni, Ministry of Defence, at Standing Committee meetings, Geneva, 15 June
2005; telephone interview with Major Filemon Kotokeni, 20 July 2005.
[25]Fax from Major Filemon
Kotokeni, Chief Mine Action, Ministry of Defence, 5 August 2005.
[26 ]Email from Tim Carstairs,
MAG, 20 September 2005.
[27]UNMAS, “Joint
Assessment Mission Report: Namibia,” 6 April 2000, p. 3.
[28 ]Interview with Major Filemon
Kotokeni, Ministry of Defence, at Standing Committee meetings, Geneva, 15 June
2005.
[29 ]Statement by Namibia,
intersessional Standing Committee meetings, Geneva, 21-25 June 2004.
[30 ]Interview with Major Filemon
Kotokeni, Ministry of Defence, at Standing Committee meetings, Geneva, 15 June
2005.
[31 ]Fax from Major Filemon
Kotokeni, Ministry of Defence, 5 August 2005.
[32]Telephone interview with
Major Filemon Kotokeni, Ministry of Defence, Namibia, 20 July 2005.
[33 ]Fax from Major Filemon
Kotokeni, Ministry of Defence, 5 August 2005.
[34 ]Fax from Major Filemon
Kotokeni, Ministry of Defence, 5 August 2005.
[35]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004), p. 1.
[36 ]ICRC Special Report,
“Mine Action 2004,” Geneva, June 2005, p. 20; Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to implement Article 5,” undated (2004), p. 4.
[37 ]Fax from Major Filemon
Kotokeni, Ministry of Defence, 5 August 2005.
[38 ]“Kavango winning war
with unexploded ordnance,” New Era (Rundu), Namibia, 11 February
2005; US Department of State, “Country Reports on Human Rights
Practices-2004: Namibia,” Bureau of Democracy, Human Rights, and Labor,
Washington DC, 28 February 2005; see also Landmine Monitor Report 2004,
p. 601. Landmine Monitor has not received confirmation from the Namibian
Ministry of Home Affairs regarding 2004 casualties.
[39 ]“Kavango winning war
with unexploded ordnance,” New Era (Rundu), Namibia, 11 February
2005.
[40]Surihe Gaomas,
“Ordnance explodes, kills boy,” New Era, 6 May 2005.
[41 ]For more details, see
Landmine Monitor Report 2004, pp. 601-602
[42 ]Ministry of Defence,
“Preparing for the First Review Conference: Communicating Elements of
Plans to Implement Article 5,” undated (2004), p. 2.
[43 ]See Landmine Monitor
Report 2004, p. 602.
[44]Ministry of Defence,
“Preparing for the First Review Conference, Communicating Elements of
Plans to Implement Article 5,” undated (2004), p. 2.
[45]ICRC, “Annual Report
2004,” Geneva, June 2005, p.125.
[46]Standing Tall Australia and
Mines Action Canada, “101 Great Ideas for the Socio-Economic Reintegration
of Mine Survivors,” June 2005, p. 61.
[47 ]Labour Act 1992, Section
107, Part XIII, “Affirmative Action and Complaints in Relation to Unfair
Discrimination or Harassment,” Government Gazette of the Republic of
Namibia, 8 April 1992, No. 388, pp. 1-151.
[48]See Landmine Monitor
Report 2004, pp. 602-603.
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