Key developments since May 2004: Zambia’s domestic
implementation legislation, enacted in December 2003, became effective in August
2004. The legislation formalized the establishment of the Zambia Anti-Personnel
Mine Action Center (ZAMAC), replacing the Zambian Mine Action Center (ZMAC).
Zambia completed destruction of its stockpile of 3,345 antipersonnel mines in
October 2004 and is retaining a further 3,346 mines for training. Zambia
developed a five-year plan for mine action (2005-2009), although the objective
is to be mine-free by 2007. In 2004, 7,780 square meters were demined, in one
of the 41 mine/UXO contaminated areas. With the end of US assistance, Zambia
planned to create a trust fund for humanitarian demining.
Mine Ban Policy
The Republic of Zambia signed the Mine Ban Treaty on 12 December 1997,
ratified on 23 February 2001, and became a State Party on 1 August 2001. Zambia
enacted comprehensive domestic implementation legislation on 12 December 2003,
which includes penal sanctions.[1]The legislation also formalized the establishment of the Zambia
Anti-Personnel Mine Action Center (ZAMAC), which serves as the secretariat of
the National Committee on Anti-Personnel Landmines, chaired by the Deputy
Minister of Foreign Affairs.
Zambia submitted its third Article 7 transparency report on 30 March 2005,
which covers calendar year
2004.[2]
Zambia’s Minister of Foreign Affairs, Kalombo T. Mwansa, led the
country’s delegation to the First Review Conference held in Nairobi in
November-December 2004. The delegation also included the Deputy Minister of
Defense. Foreign Minister Mwansa announced the completion of Zambia’s
stockpile destruction, well in advance of its August 2005
deadline.[3 ]He also urged other
governments to follow Zambia’s example by mainstreaming mine action into
national development plans.
Zambia participated in the June 2005 intersessional Standing Committee
meetings, where it provided an update on problems, plans, progress and
priorities in its demining effort.
Zambia 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, although its national implementation legislation directly covers many of
these issues. The legislation is explicit about a prohibition on antivehicle
mines with sensitive fuzes or antihandling devices which function as
antipersonnel mines. It states that “transfer” includes “the
transit of anti-personnel mines into, out of, or through Zambia by any
means,” and says that members of the Armed Forces can participate in
operations or other military activities with the armed forces of a State not
party to the Convention, “Provided that the operation, exercise or
military activity is not in contravention of the Convention and that such
participation does not amount to active assistance in any activity prohibited by
the Convention and this
Act.”[4 ]
Zambia has not produced or exported antipersonnel mines. Mines were
apparently last used in Zambia by Angolan government and UNITA forces in 1999
and 2000.
Stockpile Destruction
Zambia stated in 2001 that it would retain its entire stockpile of 6,691
antipersonnel mines for training
purposes.[5 ]This position changed in
May 2003.[6 ]Zambia destroyed a total
of 3,345 antipersonnel mines from 18-20 October 2004 at the Nanking training
camp at Mikango Barracks in Lusaka. There was a ceremony for the initial
destruction attended by the Minister of Foreign Affairs and other senior
government officials, diplomatic representatives from Canada, France, Germany,
Namibia, South Africa and the United States, and the
media.[7 ]The mines were destroyed by
open detonation. Zambia did not report on applicable safety standards or
applicable environmental standards.[8 ]
The remaining 3,346 antipersonnel mines have been retained for
training.[9 ]Zambian officers said
that the mines would be used for training purposes until they were depleted and
the country declared mine-free.[10 ]Zambia 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
The mine and unexploded ordnance (UXO) contamination in Zambia, which is
believed to affect six of the nine provinces, is the result of armed opposition
forces from neighboring countries having used Zambian territory in the past as a
safe haven.[11 ]As a result, Zambia
has a significant “nuisance” landmine problem in 41 locations,
according to a general survey by the Zambian Mine Action Center
(ZMAC).[12 ]Zambia’s Article
7 report for 2004 listed 20 locations and identified each as being contaminated,
variously, by antipersonnel mines, antivehicle mines and
UXO.[13 ]
ZMAC conducted a nationwide survey to identify areas contaminated by mines
and UXO in 2003-2004.[14 ]This
identified 41 general areas requiring detailed follow-up assessment and
clearance. Key affected areas include Lusaka Province (Luangwa, Chongwe and
Chikumbi), Western Province (Mangongo, Sijembela and
Lyangati),[15 ]Central Province
(Mkushi, Serenje and Mboroma), Eastern Province (Nyimba, Katete and Petauke) and
Southern Province (Siavonga, Kalomo, Siamaponda and
Chipepo).[16 ]
During 2004, field officers from ZAMAC identified and delineated three new
mine-affected areas in Hibamenda, Mapatizya and Jimbe. These areas are littered
with UXO and are thought to probably also contain antipersonnel mines. A
general survey team was due to be sent to the areas in June-July
2005.[17 ]Hibamenda and Mapatizya
are located in Zambia’s Southern Province, while Jimbe is located in the
northwest close to the border with Angola. It is believed that antipersonnel
mines were emplaced by UNITA forces during the civil war in Angola, while those
in Southern Province were left in place by former Rhodesian soldiers to protect
their rear lines.[18]
ZAMAC has continued to react to reports and requests for surveys and has
committed to “removing any [antipersonnel mines] ...found, depending on
funding.” According to Matomola Singongi, former acting director of
ZAMAC, “Economic consideration, gravity of the problem and availability of
resources, are some of the criteria used in determining
priorities.”[19]
Mine Action Program
There is an established mine action program in Zambia. The National
Committee on Anti-Personnel Landmines (NCAL) is composed of the ministries of
home affairs, foreign affairs, health, agriculture and cooperatives, local
government, community development and social services, labor and social
security, and finance and national development planning. NCAL replaced the
National Task Force on Landmines when parliament passed the Prohibition of
Anti-Personnel Mines Act 2003 on 11 December
2003.[20 ]
Zambia Anti-Personnel Mine Action Center (ZAMAC) is the implementing agency
for all mine-related activities and serves as the secretariat of NCAL. Zambia
also works in cooperation with Namibia, Angola and Mozambique on common border
areas by sharing GIS information and maps of emplaced
mines.[21 ]In 2004-2005, ZAMAC had
only seven permanent staff due to budgetary constraints.
The United States has provided training and equipment to ZAMAC, assisting
the creation of a humanitarian demining unit from Zambian Army engineer
resources to work under ZAMAC
auspices.[22 ]The US hired the
commercial demining company RONCO to develop Zambian military clearance
capacity. Vehicles, personal protective equipment, metal detectors and other
humanitarian demining equipment were handed over to ZAMAC at the expiry of the
contract in January 2005.[23 ]About
46 personnel from different government departments were trained in mine risk
education, survey and demining techniques. ZAMAC uses the Information
Management System for Mine Action
(IMSMA).[24]
In 2004, Zambia prepared a five-year plan of action (2005-2009) for
presentation to the First Review Conference of the Mine Ban Treaty. It had four
objectives: to clear the 41 identified areas of mine and UXO contamination by
the end of 2007; to implement an IMSMA-derived mine awareness information
campaign and limited marking operation by 2005; to expand the mine risk
education program currently in place in Zambia; to implement a prosthetic limb
replacement program for Zambian mine survivors who have no prosthesis, or
rudimentary or ill-fitting
prostheses.[25]
ZAMAC has announced that it is “in the process of tying the demining
process to the development program, in line with the Poverty Reduction Strategy
Program co-sponsored by the International Monetary Fund/World Bank and Zambian
Government.” The aim to improve the socioeconomic conditions of
disadvantaged people, including mine-affected communities: “... in other
words, humanitarian demining will be driven by developmental
needs.”[26 ]
Mine/UXO Clearance
Article 5 of the Mine Ban Treaty commits Zambia to destroy all antipersonnel
mines from mined areas under its jurisdiction or control as soon as possible,
but not later than 1 August 2011.
According to a report submitted in preparation for the First Review
Conference, the low level of mine contamination and the speed with which
national resources cleared the Gwembe-Tonga road in 2002 indicates that Zambia
could be cleared of mines and UXO in a relatively short period of time. If
sufficient support is provided, Zambia expects to be able to declare itself
mine-free by the end of 2007.[27 ]During 2004, 7,780 square meters of land were cleared by manual methods in
the Mwapula-Munyeta area of Lusaka province, according to Zambia’s Article
7 report. The number of mines destroyed in the process is not
reported.[28 ]
Mine Risk Education
As reported by the Landmine Monitor previously, mine risk education (MRE)
has not been a major component of mine action in Zambia. The Article 7 report
for 2004 does not include Form I on which States Parties report measures taken
to protect the population, such as MRE and fencing and marking of mined and
mine-suspected areas.
The Acting Director of ZAMAC stated that his staff assisted in the provision
of limited MRE training for the residents of refugee camps on the Angolan border
during 2004. Training was undertaken over a period of weeks in the major camps
of Nangweshi and Mayukwayukwa, with ZAMAC staff providing training to “key
Angolan communicators,” who in turn were expected to provide MRE refresher
orientation to those departing for
Angola.[29 ]
Funding and Assistance
The Ministry of Foreign Affairs provided partial funding for ZAMAC in 2004,
partnered by the US which provided in-kind assistance from April 2004 to January
2005 when this assistance was concluded. As reported by Landmine Monitor
previously, the Zambian parliament voted some US$700,000 for ZMAC
activities.[30 ]
In November 2004, ZAMAC announced that it would establish a trust fund for
humanitarian demining.[31 ]
Landmine Casualties
In January 2004, two boys were injured by an antipersonnel mine in Chiengi
district in Northern province.[32 ]No other mine-related incidents were reported between February and the end
of June 2005.[33 ]One mine incident
was reported in 2003; a man was injured in Western
province.[34 ]The total number of
mine casualties in Zambia is not known. ZAMAC reports that 200 mine casualties
over the past five years have been
recorded.[35 ]
Survivor Assistance and Disability Policy and Practice
The needs of landmine survivors, and other persons with disabilities, are
addressed within the existing public healthcare infrastructure; however, there
is reportedly a lack of resources and
expertise.[36 ]In 2004, many health
facilities received funds for hospital infrastructure development and the
acquisition of equipment from the International Monetary Fund and World Bank
under the Highly Indebted Poor Countries
Initiative.[37 ]In 2005, Zambia
attained Highly Indebted Poor Country Status, a framework that will see debt
cancellation and the channeling of funds to social programs, including
health.[38]
ZAMAC has no specific programs to address the needs of landmine survivors;
however, UNICEF has a proposal to develop both capacity within ZAMAC and a
program to ensure the rehabilitation and socioeconomic reintegration of mine/UXO
survivors and their families in six mine-affected
provinces.[39 ]In 2004,
Zambia’s five-year plan of action (2005–2009) included an objective
to implement a prosthetic limb replacement program for Zambian mine survivors
who have no prosthesis, or rudimentary or ill-fitting
prostheses.[40 ]The government
plans to mainstream mine survivor assistance programs into the national
development program.[41]
Zambia also supports large numbers of refugees from Angola, including an
estimated 800 with lower limb amputations. The International Committee of the
Red Cross (ICRC) continues its support to the Physiotherapy Department at the
University Teaching Hospital (UTH) in Lusaka, to address the needs of disabled
Angolan refugees and Zambians. In 2004, the department assisted 184 people with
physical rehabilitation services, produced 125 prostheses (including 51 for mine
survivors) and 94 orthoses, and distributed 70 crutches. In addition, ICRC
supported the renovation of the physiotherapy department and purchased new beds
and equipment, and constructed a hostel nearby to accommodate people transported
from the refugee settlements while undergoing rehabilitation; 59 refugees were
transported in 2004. ICRC also conducted a five-day seminar for 16 prosthetic
technicians and two physiotherapists from
UTH.[42 ]
Services for persons with disabilities, including landmine survivors, are
also available from the Cheshire Homes, Ministry of Community Development and
Social Welfare (MCDSW) and Ministry of Health. However, MCDSW reportedly lacks
resources, and in February 2004 parliament called for increased
funding.[43]
The Persons with Disabilities Act 1996 protects the rights of persons with
disabilities against discrimination and in the areas of employment and
education. The Act established the Zambia Agency for Persons with Disabilities
to implement national activities under the Ministry of Community Development and
Social Welfare.[44 ]
The Zambia Federation for the Disabled serves as an umbrella for national
NGOs active in the field of disability and rehabilitation.
[1] Act No. 16 of 2003,
short-title: “Prohibition of Anti-Personnel Mines Act, 2003,” date
of assent 11 December 2003, enacted by the Parliament of Zambia on 12 December
2003. Penal sanctions include a fine “not exceeding two hundred thousand
penalty units” or imprisonment for a term not exceeding seven years, or
both. Part III, 9 (2). The act “became effective” in August 2004.
Article 7 Report, Form A, 30 March 2005.
[2]Previous Article 7 reports were
submitted on 9 February 2004 (for calendar year 2003) and 31 August 2001 (for
the period from 1 April to 31 August 2001). This leaves September 2001-December
2002 unreported.
[3 ]Statement by Dr. Kalombo T.
Mwansa, Minister of Foreign Affairs, during the High Level Segment, Nairobi
Summit on a Mine-Free World (First Review Conference), 2-3 December 2004.
[4 ]“Prohibition of
Anti-Personnel Mines Act, 2003,” Part I, 2 and Part III, 17, (1). See
also, Landmine Monitor Report 2004, p. 875.
[5 ]The 6,691 mines included the
following: 535 ALPER 120 (China); 571 AUPS 24 (Italy); 220 POMZ-2 (Russia); 676
MAUS 58 (Russia); 860 T69 (China); 1,225 T59 (Russia); 1,804 T58 (China); 226 T
VARS 40 (Italy); 574 VARS 50 (Italy). Article 7 Report, Form B, 31 August
2001.
[6 ]In May 2003, Zambia said it
would destroy some of the retained mines. In February 2004, it reported that it
would destroy 3,345 of the mines, or half the stock. Destruction was originally
planned for 1 June 2004, but delayed. See Landmine Monitor Report 2004,
p. 875, for more details.
[7 ]“Zambia destroys over
3,000 Landmines,” Times of Zambia, 20 October 2004. A total of 630 mines
were destroyed on 18 October, 1,107 on 19 October, and 1,608 on 20 October.
[8 ]Article 7 Report, Form F, 30
March 2005.
[9 ]Article 7 Report, Forms B and
D, 30 March 2005. The retained mines include: 267 ALPER 120 (China); 286 AUPS
24 (Italy); 110 POMZ-2 (Russia); 338 MAUS (Russia); 430 T69 (China); 613 T59
(Russia/Iraq); 902 T58 (China); 113 T VARS 40 (Italy); 287 VARS 50 (Italy).
[10 ]“Zambia destroys over
3,000 Landmines,” Times of Zambia, 20 October 2004. The article
cites Lt. Col. Gilford Kaimpa and Maj. Joachim Mwenda of the Zambian Army.
[11 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” (undated).
[12 ]ZMAC, “General Survey
Report 2003/2004,” Lusaka. Zambia Anti-Personnel Mine Action Center
(ZAMAC) appears to have replaced the Zambian Mine Action Center (ZMAC), which
was established in August 2001 to prioritize and coordinate mine action in the
country. See Landmine Monitor Report 2004, p. 877, for reference to
ZMAC. Throughout this report ZAMAC will be used for activities from August 2004
onwards.
[13 ]Article 7 Report, Form C, 30
March 2005.
[14 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” (undated).
[15 ]In 2003, a senior government
official, the Permanent Secretary of Zambia’s Western Province, Maswabi
Maimbolwa, called upon ZMAC to demine the Zambia/Angola border in order to help
control livestock diseases, such as the contagious bovine plural pneumonia,
across the Cattle Cordon Line. “De-mine Zambia Angola Border-Western
Province PS,” Times of Zambia, 17 June 2003.
[16 ]ZMAC, “General Survey
Report 2003/2004,” Lusaka.
[17 ]Interview with Joseph
Simoonga, Acting Director, ZAMAC, Lusaka, 26 May 2005.
[18]Interview with Matomola
Singongi, Former Acting Director, ZAMAC, First Review Conference, Nairobi, 2
December 2004.
[19]Statement by Matomola
Singongi, Former Acting Director, ZAMAC, at launch of Landmine Monitor Report
2004, ZAMAC, Lusaka, 21 November 2004.
[20 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” undated.
[21 ]Interview with Matomola
Singongi, ZAMAC, First Review Conference, Nairobi, 2 December 2004.
[22 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” undated.
[23 ]Email to Landmine Monitor
(MAC) from H. Murphey McCloy, Jr., Senior Demining Advisor, Office of Weapons
Removal and Abatement, Bureau of Political-Military Affairs, US Department of
State, 19 September 2005.
[24]Statement Matomola Singongi,
ZAMAC, at launch of Landmine Monitor Report 2004, ZAMAC, Lusaka, 21
November 2004.
[25]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” undated.
[26 ]“Zambia Mine Action
Centre at work,” Times of Zambia, 9 November 2004.
[27 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” undated.
[28 ]Article 7 Report, Form F, 30
March 2005.
[29 ]Interview with Joseph
Simoonga, ZAMAC, Lusaka, 26 May 2005.
[30 ]See Landmine Monitor
Report 2004, p. 878.
[31 ]Statement by Matomola
Singongi, ZAMAC, at launch of Landmine Monitor Report 2004, ZAMAC,
Lusaka, 21 November 2004.
[32 ]Interview with Peter M.
Chibesa, Mine Victim Assistance Officer, ZMAC, Lusaka, 28 April 2004.
[33 ]Landmine Monitor asked for
confirmation of this information from UNICEF and UN Zambia, but received no
response.
[34 ]Interview with Peter M.
Chibesa, Mine Victim Assistance Officer, ZAMAC, Lusaka, 28 April 2004.
[35 ]“Situation Report on
Zambia’s Implementation of the Anti-personnel Landmines Convention of the
Standing Committees,” Standing Committee on Mine Clearance, Mine Risk
Education and Mine Action Technologies, Geneva, 15 June 2005.
[36 ]See Landmine Monitor
Report 2004, p. 879.
[37 ]Government of Zambia,
“Activity Based Annual Budget 2004,” Head 46/02, (for period 1 April
2004 to 31 March 2005).
[38]“Zambia attains HIPC
completion point,” Times of Zambia, 7 April 2005.
[39 ]UNMAS, “Portfolio of
Mine Action Projects 2005,” p. 396, www.mineaction.org.
[40 ]Zambia, “Preparing for
the First Review Conference, Communicating Elements of Plans to implement
Article 5,” undated.
[41]“Situation Report on
Zambia’s Implementation of the Anti-personnel Landmines Convention of the
Standing Committees,” Standing Committee on Mine Clearance, Mine Risk
Education and Mine Action Technologies, Geneva, 15 June 2005.
[42 ]Interview with Francis
Mwila, Chief Physiotherapist, University Teaching Hospital, Lusaka, 4 April
2005; ICRC Physical Rehabilitation Program, “Annual Report 2004,”
Geneva, July 2005, p. 22; ICRC, “Annual Report 2004,” Geneva, June
2005, p. 125.
[43]“Government is
encouraging street kids,” Times of Zambia, 25 February 2004; see
also Landmine Monitor Report 2004, p. 879.
[44 ]The Persons with
Disabilities Act 1996,
www.dredf.org/international/zamb2.html.