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2008


                                                       CONTENTS   ANNUAL REPORT




FOREWORD                                                                3


HEADQUARTERS COORDINATION AND THEMATIC ACTIVITIES                       4


Frameworks                                                              5


Normative Frameworks                                                    5


Operational Frameworks                                                 12


Assisting Victims and Survivors                                        15


Treaties                                                               18


Shaping Policy and Legal Frameworks for Mine Action                    18


Promoting the Rights of Persons with Disabilities                      27


Communicating to the Public and Other Constituencies                   37


International Mine Action Standards                                    39


Developing and Applying New Technologies                               41

Photo: Arne Hodalic
2008                                                                                                                                                                   2008


                                   CONTENTS   ANNUAL REPORT




COUNTRY PROGRAMMES                                  43        FOREWORD



Afghanistan, Islamic Republic of                    44        As Chair of the Inter-Agency Coordination Group for         As a result of close cooperation with Lebanese authori-
                                                              Mine Action, I am proud to present to you the inspiring     ties, UNMAS handed over management responsibility
                                                              results achieved by UN Mine Action Service (UNMAS)          for the mine and ERW threat in south Lebanon to the
Chad                                                54        and simultaneously to highlight the great value UNMAS       Lebanon Mine Action Centre on 31 December. In
                                                              brings to peacekeeping and humanitarian relief efforts.     October, the UN High Commissioner for Refugees pre-
                                                                                                                          sented the Lebanon programme with the prestigious
                                                              In 2008, mine action operations supported by UNMAS          Nansen Award, emphasizing that “(o)ne of the most
Democratic Republic of Congo                         57
                                                              enabled hundreds of thousands of people and local com-      heroic types of humanitarian work is to demine or dis-
                                                              munities to resume normal lives and reclaim their liveli-   mantle these devices in order to allow people to go back
                                                              hoods by regaining access to previously contaminated        home and resume their lives.”
Eritrea and Ethiopia                                 61       lands. The clearance of thousands of kilometres of mined
                                                              roads and essential infrastructure has contributed to the   The remarkable success of UNMAS field operations and
                                                              protection and empowerment of men, women, girls and         headquarters-based policy guidance and coordination
Lebanon                                             64        boys in the nine countries or territories where UNMAS       services would not have been possible without the gen-
                                                              operates and in other countries and territories supported   erous voluntary contributions of 19 donors, which
                                                              by UNMAS.                                                   totalled US $92.5 million in 2008.
Nepal                                               70
                                                              One of the more remarkable achievements of the year         The significant role UNMAS plays in the peace and
                                                              was the clearance of 84,000 anti-personnel mines in         security sector as the mine action focal point in the UN
                                                              Afghanistan, which is more than double the average          system was consolidated throughout the year under the
Somalia                                              77       annual amount cleared between 1989 and 2007. This           Office of Rule of Law and Security Institutions (OROLSI).
                                                              accomplishment is an indicator of increased coordination    OROLSI was established
                                                              in Afghanistan. It highlights how the Mine Action           in 2007 and hosts UNMAS;
Sudan                                               80        Programme in Afghanistan (MAPA) has increased effi-         the Police Division;
                                                              ciency and improved aid effectiveness.                      the      Criminal       Law
                                                                                                                          and Judicial Advisory
Western Sahara                                       91       In accordance with the goals of the United Nations Inter-   Section; the Disarmament,
                                                              Agency Mine Action Strategy: 2006-2010, UNMAS               Demobilisation           and
                                                              assisted a number of countries in meeting their obliga-     Reintegration Section; and
                                                              tions under the Anti-Personnel Mine-Ban Treaty and          the Security Sector Reform
UNMAS Support to other Programs                      95       other mine-action-related treaties and in developing        capacity.
                                                              national institutions to manage their residual mine or      I congratulate UNMAS for its efforts in 2008.
                                                              explosive remnants of war (ERW) threats. Drawing on its
                                                              expertise in dealing with unexploded sub-munitions,
FINANCIAL PERFORMANCE                                97       UNMAS provided critical field-based advice to states
                                                              throughout their deliberations on the Convention on         Alain Le Roy
                                                              Cluster Munitions, which was adopted in Dublin on 30        UN Under-Secretary-General for
                                                              May and opened for signature on 3 December in Oslo.         Peacekeeping Operations



Photo: Arne Hodalic



                                                                                                                                                                                         3
2008                                      Headquarters Coordination and Thematic Activities                                                                 2008




                                          FRAMEWORKS



                 UNMAS                    Highlights

                                            Mine action concerns were integrated across the UN


            Headquarters                    system.

                                            A critical short-notice situation assessment for
                                            Georgia was delivered.


         Coordination and                   Rapid response capacity was strengthened through an
                                            expanded planning exercise.

                                            Seven mine action programmes from the Africa and

       Thematic Activities                  Asia regions developed gender-sensitive action plans
                                            that should inform the way they conduct routine
                                            business in the coming year.


                                          NORMATIVE FRAMEWORKS


                                                                                                     Photo: Arne Hodalic
                                          Integrating Mine Action Concerns
                                          Across the UN System
                                                                                                    presented information substantiating child rights
                                          During 2008, the UN Secretary-General explicitly          violations in six categories as requested by the
                                          referred to mine action in 22 key reports to the UN       Security Council. In 2008, the Security Council
                                          Security Council, including those on Afghanistan,         learned that landmines and ERW kill and maim
                                          Burundi, Chad, Cyprus, Eritrea and Ethiopia, Nepal,       ?children in Chad, particularly in the north of the
                                          Somalia, Sudan, Sudan (Darfur) and Western                country. After 30 years of war, Chad counts among
                                          Sahara. Several drew on inputs from UNMAS. They           the top 10 countries in the world in terms of victims
                                          included specific sections that updated the Security      of landmines and unexploded ordnance (UXO).
                                          Council on the implementation of the mandates of          Marking the location of mines in Chad is currently
                                          specific mission, which may include clearance of          very difficult given the lack of data, and movement
                                          landmines and ERW, verification of routes required        move due to rainfall and shifting sands.
                                          for mission deployment, provision of mine risk
                                          education, training of national staff, and the compila-   The report on children and armed conflict in Somalia
                                          tion of data on casualties and accident rates.            emphasized the persistent danger to children from
                                                                                                    landmines and ERW, explaining that these devices
                                          The Secretary-General submitted two reports to the        are responsible for an increased number of accidents
                                          Security Council Working Group on Children and            involving children in and around Mogadishu follow-
                                          Armed Conflict in Chad and Somalia. The reports           ing the bombardment of the capital in April 2007.




                    Photo: Mark Craemer



                                                                                                                                                               5
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    The report highlighted the UNMAS assessment               Effective Coordination: The UN Inter-Agency                   The United Nations Inter-Agency Mine Action                Coordination and Consultation Mechanisms
    mission in Mogadishu. Following the report’s              Policy for Mine Action                                        Strategy: 2006-2010
    recommendations, a mine action centre was
    established in Baidoa.                                    In June 2005, the principals of the IACG-MA                   Vision                                                     Highlights
                                                              approved the document “Mine Action and
                                                              Effective Coordination: The United Nations Inter-             The vision of the United Nations is a world free of the     Effective coordination of UN efforts related to cluster
    Mine Action on the Agendas of the                         Agency Policy.” It replaced a previous                        threat of landmines and ERW, where individuals and          munitions took place through the IACG-MA Cluster
                                                                                                                                                                                        Munitions Working Group.
    General Assembly and Security Council                     inter-agency policy approved in 1998 and                      communities live in a safe environment conducive to
                                                              amended in 1999.                                              development, and where the needs of mine and ERW            The UNMAT approach to resource mobilization was
    UN mine action is conducted on the basis of UN                                                                          victims are met, and they are fully integrated into         promoted.
    General Assembly and Security Council resolutions,        The policy reconfirms the role of UNMAS as focal              their societies.                                            Significant mine action concerns were discussed and
    including the biennial General Assembly resolution        point for mine action within the UN system, defines                                                                       solutions identified at the 11th International Meeting of
    on assistance in mine action, the most recent of          the vision and core commitments of UN mine                                                                                National Mine Action Directors and UN Advisers.
    which was adopted on 13 December 2007                     action, outlines the legal framework, and describes           Strategic Goal
    (A/Res/62/99). This resolution reiterated that            coordination mechanisms and the roles of the 14
    UNMAS is designated to act as the focal point for         UN mine action actors. UNMAS coordinates the                  The United Nations will work with national authori-        The Inter-Agency Coordination
    coordinating mine action in the UN system, including      IACG-MA and its activities in line with the                   ties and in partnership with non-governmental              Group for Mine Action
    operational coordination in the field. It called for UN   inter-agency policy.                                          organizations (NGOs), the private sector, interna-
    support to buildnational capacities, reaffirming                                                                        tional and regional organizations, and others to           UNMAS and its parent organization, the Department
    Strategic Objective 4 of the United Nations Inter-                                                                      reduce the humanitarian and socioeconomic threats          of Peacekeeping Operations (DPKO), are responsible
    Agency Mine ?Action Strategy: 2006-2010.                  The United Nations Inter-Agency Mine Action                   posed by landmines and ERW, to the point where             for convening and chairing meetings of the IACG-
                                                              Strategy: 2006-2010                                           UN mine action assistance will no longer be necessary.     MA. In 2008, the group met monthly at the working
    In 2008, General Assembly Resolution                                                                                                                                               level, under the chairmanship of UNMAS, and in
                                                                                                                              Strategic Objective 1: Reduction of death and injury
    62/741, on strengthening the capacity of the              The United Nations Inter-Agency Mine Action                                                                              February and November at the principals’ level,
                                                                                                                              by at least 50 percent.
    United Nations to manage and sustainpeace-                Strategy: 2006-2010, adopted in 2006, focuses on                                                                         under the chairmanship of the Under-Secretary-
    keeping operations, referred to mine action.              the expected impact of UN mine action by 2010.                  Strategic Objective 2: Mitigate the risk to community    General for Peacekeeping Operations.
                                                              UNMAS is working closely with UN Mine Action                    livelihoods and expand freedom of movement for
    As in previous years, UNMAS closely followed the          Team (UNMAT) members to monitor strategy                        at least 80 percent of the most seriously affected       The monthly meetings provide a forum for discussing
    negotiation and adoption of General Assembly              implementation with a view to improving both                    communities.                                             current issues and exchanging information on rele-
    resolutions referring to mine action or related           prioritization and results measurement. A task                                                                           vant updates, including ongoing monitoring of threat
    treaties. These included resolutions on the               force has been established to combine and draw                  Strategic Objective 3: Integration of mine action        levels. They also help in preparing for upcoming
    Convention on the Rights of Persons with                  on comparative advantages of UNMAT mem-                         needs into national development and reconstruction       meetings and activities. The group agrees on
    Disabilities and the Optional Protocol (A/Res/63/192),    bers. The World Bank has lent expert support,                   plans and budgets in at least 15 countries.              language for UNMAT speeches and interventions
    the Convention on Certain Conventional Weapons            which will inform the work of the task force in                 Strategic Objective 4: Assist the development of         delivered at meetings of states parties to mine-
    (A/Res/63/85), the Anti-Personnel Mine-Ban                2009. At the 64th session of the General                        national institutions to manage the landmine/            action-related treaties. In 2008, it organized the 11th
    Treaty (A/Res/63/42) and the recently signed              Assembly, the Secretary-General will submit a                   ERW threat, and at the same time prepare for             International Meeting for National Mine Action
    Convention on ClusterMunitions (A/Res 63/71).             report on progress.                                             residual response capacities in at least 15 countries.   Directors and UN Advisers, and coordinated advoca-




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    cy events in connection with the 4 April anniversary    include the collection of verifiable indicators on the
    of the mine-ban treaty, the Ninth Meeting of States     sectors mine action supports, such as agriculture,
    Parties to the treaty and the International Day for     water and sanitation, and economic development.
    Persons with Disabilities.                              The outcome of the discussion was an effort to for-
                                                            malize evaluation training, which will be implement-
    UNMAS continued to lead coordination efforts            ed in coordination with the Geneva International
    around cluster munitions, including by convening        Centre for Humanitarian Demining (GICHD) in
    regular meetings of the IACG-MA Cluster Munitions       2009.
    Working Group. It worked at the principals’ level to
    forge agreement on a UN position on cluster
    munitions, and coordinated high-level participation     The Mine Action Support Group
    and interventions at the Dublin Diplomatic
    Conference under the Oslo Process and the               On behalf of UNMAT, UNMAS continued to provide
    Convention on Cluster Munitions signing conference      substantive, logistical and technical secretariat
    in Oslo, as well as at all meetings related to the      support to the Mine Action Support Group (MASG),
    Convention on Certain Conventional Weapons.             the group of donors concerned about the humanitar-
    Overall, the principals worked to ensure that UNMAT     ian, peace-building and development impacts                      Photo: Mark Craemer
    spoke with one voice on the matter of cluster           of landmines and ERW. This support was particular-
    munitions, and supported and promoted processes         ly significant in facilitating consistency and
    for both conventions.                                   momentum, since the new system of a rotating                   the mine-ban treaty, the development of mine action       and/or supported mine action programmes to
                                                            chairmanship on a trimester basis was                          transition strategies and progress achieved and chal-     nationalauthorities. It also discussed how to measure
    UNMAS also convened meetings of the IACG-MA             introduced in 2008.                                            lenges faced by the Afghanistan and Senegal mine          the positive impacts of mine action on beneficiaries,
    Communications Working Group and the IACG-MA                                                                           action programmes. The second MASG meeting was            along with operational achievements and financial
    Steering Committee on Gender and Mine Action in         Under the chairmanship of the Representative of                hosted by the Government of Switzerland in Geneva         gaps in the Afghanistan programme.
    2008. No meetings of the Geneva IACG-MA Sub-            France, UNMAS worked to organize the first joint               on 4 June, and discussed progress accomplished
    Group took place.                                       MASG-UNMAT press conference in Paris. A press                  during the Dublin conference on cluster munitions,
                                                            release was issued on 3 April in advance of the                the relevance of the new Convention on the Rights of      Portfolio of Mine Action Projects
                                                            International Day for Mine Awareness and                       Persons with Disabilities to mine action, victim assis-
    The Committee on Mine Action                            Assistance in Mine Action. A press conference                  tance activities in Sudan, land release, and support to   UNMAS launched the 12th edition of the
                                                            featured a panel including the chairman and                    states with mine clearance obligations (Article 5 of      Portfolio of Mine Action Projects in New York on 4
    A session of the Committee on Mine Action was held      representatives from the UN Children’s Fund                    the mine-ban treaty).                                     December. The Assistant Secretary-General of
    at the 11th International Meeting for National Mine     (UNICEF) and UNMAS. Reporters from a variety of                                                                          OROLSI led the event. The portfolio is an annual
    Action Directors and UN Advisers. The discussion        international media outlets participated, fielding             The third MASG meeting, chaired by the                    publication, coordinated among UN agencies,
    focused on measuring the impacts of mine action         many questions on operations in the Democratic                 Representative of the United Kingdom on 26                national authorities, NGOs and donors, with
    activities, in the short term and over a 5-to-10-year   Republic of Congo. The first MASG meeting of the               November in Geneva, coincided with the Ninth              guidance from the Headquarters Portfolio Team,
    period in regions where mine action began more than     year took place in Paris on 4 April. Discussions cov-          Meeting of States Parties to the mine-ban treaty. It      comprising representatives from UNMAS,
    a decade ago. Obstacles to measuring impacts            ered achievements and outstanding requirements of              took stock of progress in transitioning UN-managed        the UN Development Programme (UNDP)




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2008                                                                       Headquarters Coordination and Thematic Activities   Headquarters Coordination and Thematic Activities                                                                   2008




     and UNICEF. The portfolio provides an overview of                and continues to allow updates throughout the year.            was requested for 12 mine action projects alone. By         information on participants and facilitate the
     how affected countries plan to address the problems              Overall, the 2009 edition appealed for US $459                 the end of the year, 31.8 percent of the total funds        issuance of visas. The foreign affairs ministries in
     posed by landmines and ERW. The 2009 edition                     million, of which US $437 million remained unfunded            requested had been committed (US $22.6 million).            Croatia and Slovenia provided valuable support.
     includes submissions from 33 countries, territories              at the time of the launch.
     or missions, spanning 300 projects. Africa accounts                                                                             In August, donors offered generous bilateral support        The meeting agenda comprised plenary sessions
     for the largest number of projects at 125. National                                                                             to mine action activities through the Georgia Crisis        and workshops. Programme-related plenaries
     NGOs submitted about 20 percent of all projects,                 Integrating Mine Action into                                   Flash Appeal.                                               discussed UN roles and responsibilities, land release
     either individually or as partner appealing agencies.            Humanitarian Appeals                                                                                                       through actions other than clearance, and national
     Additional chapters or projects may be added to                                                                                 Of the 12 consolidated appeals that constitute the          capacity development and transition. Policy-related
     the online version on the Electronic Mine Information            In 2008, mine action portfolio country team                    Humanitarian Appeal 2009, which was launched in             sessions covered topics such as victim assistance,
     Network (E-MINE) website, which allows donors and                members continued to participate in humanitarian               November 2008, mine action projects were included           the rights of survivors of and persons affected by
     stakeholders to monitor funding needs for each                   appeal working groups to promote the inclusion of              for countries such as Chad, the Democratic Republic         ERW, and meeting the obligations of Article 5 of the
     project.                                                         mine action projects in humanitarian and                       of Congo, Somalia and Sudan.                                mine-ban treaty. Updates were provided on gender
                                                                      development plans and the consolidated appeals                                                                             action plans, GICHD, the standing committees of the
     Input to the 2009 portfolio was provided via                     process. The 2008 Sudan Work Plan constituted the                                                                          treaty and Article 7 reporting, mine risk education
     web-based entry forms. The automation of the                     largest appeal, with 959 projects and a total funding          11th International Meeting of National Mine                 emergency kits and cluster munitions. Three site
     preparation process was further improved in 2008                 request of US $2.3 billion. Just under US $71 million          Action Directors and UN Advisers                            visits took place to the Slovenian Institute for
                                                                                                                                                                                                 Rehabilitation and Mine Victim Assistance Institute,
                                                                                                                                     The 11th International Meeting of National Mine             and the Cerovac and Gaj testing sites. Surveys
                                         Portfolio of Mine Action Projects: 2004–2008                                                Action Directors and UN Advisers was held from 13           completed by participants indicated that the meeting
                                                                                                                                     to 18 April in Ljubljana, Slovenia, and Sibenik, Croatia.   was a success and provided valuable information.
                                                                                                                                     It was organized by UNMAT in partnership with the
                                  2004               2005                2006              2007                2008                                                                                                                                      Photo: Julia Goehsing
                                                                                                                                     International Trust Fund for Demining and Mine
        Participating Countries   32 Countries       30 Countries        30 Countries      29 Countries        33 Countries          Victim Assistance (ITF) in Slovenia and the Croatian
        and Territories           4 Territories      3 Territories       4 Territories     3 Territories       4 Territories         Mine Action Centre (CROMAC) in Croatia. UNMAS
                                                                                                                                     chaired and hosted the meeting. Following feedback
                                                                                                                                     from the previous year, the annual event was held in
        Appealing Agencies        83                 91                  103               124                 110
                                                                                                                                     a mine-affected region for the first time and featured
                                                                                                                                     the first field demonstrations in situ. Over 220 mine
        Number of Projects        307                313                 353               347                 383                   action stakeholders participated to assess progress
                                                                                                                                     and future challenges. The participants included
        Funding Appeal            us$352 million     us$378 million      us$459 million    us$453 million      us$404 million        senior national directors of mine action programmes,
                                                                                                                                     UN mine action staff, representatives from
        Funding Received          us$175 million     us$241 million      us$240 million    us$310 million      us$39 million         international NGOs, experts from donor govern-
                                                                                                                                     ments and other mine action implementing partners.
        Shortfall                 us$177 million     us$136 million      us$219 million    us$143 million      us$365 million        UNMAS worked extensively with ITF and CROMAC
                                                                                                                                     on an online registration system to track logistical




10                                                                                                                                                                                                                                                                11
2008                                                              Headquarters Coordination and Thematic Activities   Headquarters Coordination and Thematic Activities                                                                 2008




     OPERATIONAL FRAMEWORKS


     Integrating Mine Action into Humanitarian               framework guides the deployment of appropriate                 Building Rapid Response Capacity and                     To best participate in this approach, UNMAS
     and Development Programming                             resources and creates an environment conducive to              the Cluster Approach                                     Headquarters is a full member of the Global
                                                             longer term planning. It can be implemented in                                                                          Protection Cluster Working Group, which is led by
     Mine action programmes overseen by UNMAS                response to either emergency humanitarian or                   In June, UNMAS held its fifth annual rapid response      the UN High Commissioner for Refugees (UNHCR).
     continued to be integrated into development             peacekeeping operations. Due to support from the               training exercise in Sweden in conjunction with its      The cluster has responsibility for a wide range of
     assistance planning, as well as country assessment      Government of the Netherlands, UNMAS was able to use           standby logistics support partner, the Swedish Civil     activities aimed at ensuring respect for the rights of
     mechanisms where they exist. In 2008, the UN Mine       fewer unearmarked funds in 2008 for this coreactivity.         Contingencies Agency (MSB), formerly known as the        all individuals, regardless of their age, gender, or
     Action Office (UNMAO) in Sudan and the Mine                                                                            Swedish Rescue Services Agency (SRSA). This              social, ethnic, national, religious or other back-
     Action Coordination Centre for Afghanistan               Photo: Arne Hodalic                                           activity focused on setting up a mine action             ground. This requires a collaborative and coordinated
               1
     (MACCA) provided inputs to the UN development                                                                          coordination centre in an emergency environment.         response by various national and international actors
     assistance frameworks (UNDAFs) in each country.                                                                                                                                 with diverse mandates, expertise and experience.
     Additionally, these and other programmes                                                                               UNMAS enjoyed UN agency participation in the             The cluster seeks to assist protection actors on the
     contributed to the ongoing development of new                                                                          rapid response exercise on a level similar to that in    ground to maintain more effective and predictable
     UNDAFs and common country assessments (CCAs),                                                                          2007, with the main gain in 2008 being the atten-        responses. In the past, representatives of the cluster
     as well as relevant World Bank poverty reduction                                                                       dance of representatives from the Mines Advisory         team in Geneva have also attended the rapid
     strategies and notes. Mine action in Afghanistan                                                                       Group (MAG) to provide NGO perspectives. The             response exercise to familiarize themselves with
     also remains fully integrated into the Millennium                                                                      internal assessment component of the exercise was        mine action crisis response.
     Development Goal (MDG) strategies of the country,                                                                      developed to provide a competency-based frame-
     with regular progress updates provided under the                                                                       work for measuring attendees’ abilities to deploy on     In the field, UNMAS programmes are also part of the
     framework of the Afghanistan National Develop-                                                                         an operational activation. This process helped with      cluster system, where it is in place (for example,
     ment Strategy, and the Joint Coordination and                                                                          the development of a register of trained participants.   Afghanistan and Lebanon). This is usually under the
     Monitoring Body.                                                                                                       Planning is underway for the 2009 exercise, with one     auspices of the UN Office for the Coordination of
                                                                                                                            aim being to develop the scenario to allow for greater   Humanitarian Affairs (OCHA). UNMAS engagement
                                                                                                                            participation by UNMAS’ OROLSI partner agencies.         is largely through the Protection Cluster, but may
     The Framework for Mine Action Planning                                                                                                                                          include other sectors where there is a requirement
     and Rapid Response                                                                                                     Inter-agency representation allowed the simulation       for more integrated operations and planning, such as
                                                                                                                            of the coordination mechanisms prescribed within         emergency shelter, emergency education, early
     The Framework for Mine Action Planning and Rapid                                                                       the Protection Cluster, which emerged following the      recovery, health, food security and agriculture, and
     Response was developed as part of the 2001 mine                                                                        Humanitarian Response Review of the global               inter-cluster coordination.
     action strategy. It provides an overarching structure                                                                  humanitarian system. It proposed using a “cluster
     and approach, within which UNMAS and members                                                                           approach” in international responses to humanitari-
     of the IACG-MA monitor mine and ERW threats                                                                            an emergencies to address gaps and strengthen            Rapid Response
     globally, identify and plan appropriate responses                                                                      effectiveness through partnerships. The approach
     with members of UNMAT, and facilitate the rapid                                                                        ensures predictability and accountability by             Rapid emergency responses and effective planning
     deployment of assessment missions, coordination                                                                        clarifying the division of labour among organizations,   are key to UNMAT’s efforts to mitigate threats from
     capacity and operational assets. Designed to address                                                                   and better defining their roles and responsibilities     landmines and ERW, and assist freedom of move-
     mine action requirements in emergency phases, the                                                                      within the different parts of the response.              ment, as called for under Strategic Objective 2 in the




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2008                                                                 Headquarters Coordination and Thematic Activities   Headquarters Coordination and Thematic Activities                                                                 2008




     United Nations Inter-Agency Mine Action Strategy           nition. It found that actors already in place could            Mine Action Planning and Inter-Agency Assessment        cal missions. The evaluation team briefed in New
     2006–2010.                                                 meet immediate needs for mine action. Mine risk                Missions                                                York prior to and after the evaluation and the recom-
                                                                education was being provided by the International                                                                      mendations were included in the newly operational
     UNMAS tapped unearmakrked funding to launch a              Committee of the Red Cross (ICRC), and the HALO                UNMAS continued to provide regular tracking of          recommendations tracking database. The team vis-
     short notice mine action needs assesment afterthe          Trust had rapidly expanded its pre-existing                    emerging and evolving threats to the IACG-MA, and       ited a number of locations and implementing
     conflict in Georgia in 2008. On 15 August, the UN          operational capacities. There was no substantial               led an assessment mission to Niger in November.         partners and the areas it identified informed the later
     Resident Coordinator in Georgia requested mine             capability gap that UNMAS could usefully fill, a view                                                                  inter-agency evaluation in October as well as
     action technical assistance from UNMAS as a result         shared by the Resident Coordinator.                            Conflict in the north of Niger has resulted in mine     additional measures taken by UNMAS and the
     of the conflict there and the resulting potential threat                                                                  and ERW contamination, mainly on transportation         programme to increase the effectiveness of the
     of ERW. The IACG-MA met and dispatched an                  The outcome of the assessment mission was that                 routes. This has disrupted transportation, the admin-   programme. The results of the evaluation were
     UNMAS-led fact-finding team to establish the level         UNMAT elected not to activate the operational                  istration of government offices and the delivery of     shared with implementing partners.
     of ERW contamination within the wider Georgia              aspects of the Framework for Mine Action Planning              humanitarian aid. The Government has accumulated
     area; to render necessary advice and assistance to         and Rapid Response to mobilize financial, human and            a stockpile of over 5,000 anti-tank mines and more      An inter-agency team from UNMAS and the UN
     the Resident Coordinator, the UN Country Team and          technical resources to support mine action in                  than 1,000 anti-personnel mines, which impacts its      Office for Project Services (UNOPS) carried out
     the UN Department of Safety and Security; and to           Georgia. UNMAS continued to monitor the situation              obligations related to the mine-ban treaty. UNMAS       evaluation focused on the operational issues raised
     develop an initial response plan if required.              over the remainder of the year with a view to identi-          undertook a technical assessment mission at the         in the prior evaluation. Meetings were held with
                                                                fying any longer term capacity development needs.              request of the Government with a view to determin-      senior managers of the UN Mission in the
                                                                                                                               ing options for a stockpile destruction programme. A    Democratic Republic of Congo (MONUC) as well as
                                                                                                                               response utilizing MSB explosive ordnance disposal      senior representatives of UN agencies. While all
                                                                Threat Monitoring                                              (EOD) teams was planned for November 2008,              stated that the programme was meeting all their
                                                                                                                               but had to be postponed until 2009. The mission         requirements on matters related to ERW, the Team
                                                                One of the roles of the IACG-MA is to monitor                  also identified options for further engagement to       recommended restructuring to provide rapid deploy-
                                                                global threats from mines and other ERW through                enhance national capacities for ammunition man-         ment EOD teams to support humanitarian activities
                                                                the Threat Monitoring Matrix (TMM). The TMM is                 agement and humanitarian demining.                      in the east, and increase support to national NGOs
                                                                managed by the UNMAS Planning Officer, and                                                                             and mine clearance and survey activities in the south
                                                                updated every two weeks through the monitoring of                                                                      and west.
                                                                agency field reports, the media, and other informa-            Programme Evaluations
                                                                tion from donors and partners. An updated TMM is
                                                                sent to the IACG-MA one week before each                       UNMAS remains committed to monitoring the man-          Assisting Victims and Survivors,
                                                                monthly meeting. This gives them the chance to                 agement of its mine action programmes and               and Reducing Risks
                                       Photo: Mark Craemer
                                                                review and request further updates or amendments               commissioned an independent evaluation of the
                                                                prior to the meeting. Each potential threat is                 Programme in the Democratic Republic of Congo in        In line with Strategic Objective 3 of the UN mine
                                                                discussed and a response agreed upon, whether                  April 2008 and undertook an additional inter-agency     action strategy,2 UNMAS continues to help increase
     The team determined that the ERW threat was very           through a technical assessment mission to a new                evaluation of the programme in October 2008. The        resources for survivors disabled by landmines and
     limited in coverage and intensity, with the primary        country, a change of policy or direction for an exist-         independent evaluation was undertaken by two            ERW, and ensure that their needs are met within
     threat being posed by limited contamination by UXO,        ing programme, or the decision to take no immediate            female consultants. The aim was to identify             national programmes and facilities for persons with
     primarily cluster munitions, and abandoned ammu-           action besides monitoring a situation closely.                 challenges and inform future evaluations and techni-    disabilities. In Sudan, UNMAS took the lead in




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     implementing the inter-agency victim assistance          UNMAS supports mine risk education pro-
     project funded by the Government of Japan through        grammes primarily through UNICEF and other
     the UN Trust Fund for Human Security (UNTFHS).           humanitarian agencies. These programmes aim
     The project helped the national authorities in           to reduce risks for civilian populations by provid-
     developing the national victim assistance strategic      ing messages that focus on safe behavior in
     framework as well as a work plan, conducted needs        mine- and ERW contaminated areas, particularly
     assessments, provided mine risk education, and           for refugees and internally displaced persons
     implemented pilot projects to support mine and UXO       (IDPs).
     victims. Details of project activities and achievement
     can be found on page 89.                                 UNMAS continues to encourage all agencies and
                                                              organizations in the UN system to integrate
     Since assisting victims and survivors goes beyond        landmine and ERW safety training into their gen-
     the mine-ban treaty, UNMAS supports links with           eral safety briefings. This is largely accomplished
     other legal frameworks such as Protocol V on ERW         in the field through the mine action coordination
     of the Convention on Certain Conventional                centres and UN security personnel. At headquar-
     Weapons, and, notably, the Convention on the Rights      ters, UNMAS liaises regularly with the
     of Persons with Disabilities. UNMAS advocated for        Department of Safety and Security to ensure that
     the universalization and full implementation of the      mine and ERW safety training and general safety
     Convention in 2008 at the 11th International             training are complementary, and that mine and
     Meeting of National Mine Action Directors and UN         ERW safety training tools are used as part of
     Advisers, the Ninth Meeting of States Parties to the     security training in countries without mine action
     mine-ban treaty, the Second Conference of High           coordination centres or a UN mine action
     Contracting Parties to Protocol V (see below), and       presence.
     the discussions on cluster munitions in the
     Convention on Certain Conventional Weapons’              The Department of Safety and Security circulated
     Group of Governmental Experts.                           a landmine and ERW safety training DVD
                                                              released by UNMAS in March 2007 throughout
     In collaboration with UNDP, UNICEF and UNOPS,            the United Nations. UNMAS had intended to
     UNMAS organized a photo exhibition entitled              work with the developers of the DVD at the
     “Rebuilding the lives of landmine victims in             University of California at Los Angeles to produce
     Sudan” in the Palais des Nation in Geneva during         it in languages other than English and make the
     the meeting on the mine-ban treaty. An opening           product available on the Internet, but this effort
     ceremony featured speeches by the officer                stalled due to a lack of funding. Subject to avail-
     in-charge     of   UNMAS,      the   Permanent           able funding in 2009, UNMAS intends to publish
     Representative of Sudan and the representative           the Landmine and Explosive Remnants of War Safety
     of the Director General of the United Nations            Handbook in Arabic, French, Russian, Dari and
     in Geneva.                                               Pashto.
                                                                                                                            Photo: Arne Hodalic




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     SHAPING POLICY AND LEGAL
     FRAMEWORKS FOR MINE ACTION

     Highlights                                                Treaties                                                       Meeting of States Parties made decisions on 15             The Convention on Certain Conventional Weapons
                                                                                                                              requests by states parties to extend clearance
      The Anti-Personnel Mine-Ban Treaty entered into a                                                                       obligations under Article 5; many of them currently        The 1980 Convention on Prohibitions or Restrictions
      new phase: Decisions were made on Article 5              Advocacy                                                       receive UN mine action support. This is the first time     on the Use of Certain Conventional Weapons Which
      extension requests, and states parties started
                                                                                                                              a meeting of states parties has undertaken this kind of    May Be Deemed to Be Excessively Injurious or to
      preparation for the Second Review Conference to be
      held in Cartagena, Colombia from 30 November to 4        Mine action advocacy goals are woven into the                  action. It thus sets a precedent for similar requests in   Have Indiscriminate Effects is also known as the
      December 2009.                                           United Nations Inter-Agency Mine Action Strategy:              the future. The meeting also decided that the Second       Convention on Certain Conventional Weapons.
                                                               2006-2010. Advocacy remains a key pillar of mine               Review Conference of the mine-ban treaty would be          Two of its protocols are relevant to mine action:
      The international community took urgent action
                                                               action in general. Most UNMAS activities related to            held in Cartagena, Colombia, in 2009.                      Amended Protocol II on mines, booby traps and
      against the threats posed by cluster munitions with
      support from the United Nations. The Convention on       legal frameworks for mine action, including those                                                                         other devices, and Protocol V on ERW. Established
      Cluster Munitions was adopted in Dublin on 30 May        in 2008, have an advocacy component. UNMAS                     To assist affected countries to understand their           implementation mechanisms include regular
      and signed in Oslo on 3 December.                        strongly advocates for the universalization of                 Article 5 obligations for clearing and destroying          meetings of states parties. As with the mine-ban
      The Convention on the Rights of Persons with
                                                               existing legal frameworks, and encourages UN                   anti-personnel mines, the 11th International               treaty, these two protocols provide UN mine action
      Disabilities entered into force on 3 May, providing an   Member States to expand those regimes and                      Meeting of National Mine Action Directors and UN           with effective guidance, as indicated in the UN
      appropriate framework for protecting the rights and      develop new international standards to further                 Advisers organized a full session on this topic and a      inter-agency policy.
      dignity of landmine and ERW survivors, and other         protect civilians from the scourges of landmines and           presentation by the Director of the Implementation
      persons with disabilities.                               ERW, as was the case with the Convention on                    Support Unit of the mine-ban treaty.                       In 2007, the Group of Governmental Experts was
      Significant progress occurred in integrating gender      Cluster Munitions this year. In 2008, UNMAS also                                                                          established to negotiate a proposal urgently to
      considerations into mine action: A stocktaking work-     strongly advocated for the universalization of the             At the inter-sessional meetings of states parties to       address the humanitarian impacts of cluster muni-
      shop on good practices and lessons learned in            Convention on the Rights of Persons with Disabilities          the treaty in April and at the Ninth Meeting of States     tions, while striking a balance between military and
      mainstreaming gender in mine action programmes           as a framework for delivering victim assistance.               Parties in November, UNMAS coordinated the                 humanitarian considerations, and to report on
      promoted a regional and nationally owned gender
      learning cycle.
                                                                                                                              delivery of statements by UNMAT. It also coordinated       progress made to the next meeting of the group in
                                                               With funds from Italy, UNMAS in 2008                           inputs from the United Nations to the Geneva               November 2008.
                                                               provided grants to the Italian Campaign to                     Progress Report, adopted by the meeting. The inputs
                                         Photo: Arne Hodalic   Ban Landmines to support their advocacy and                    reflected the general contribution of UNMAT to the         UNMAS participated actively in all meetings related
                                                               awareness activities, as well as to Geneva Call for            implementation of the treaty. UNMAS prepared               to the convention in 2008, and coordinated the
                                                               advocacy with non-state actors.                                reports on the inter-sessional meetings and the            participation of and delivery of statements by
                                                                                                                              Ninth Meeting of States Parties, and circulated them       UNMAT at the meetings of states parties on
                                                                                                                              to the IACG-MA.                                            Amended Protocol II and Protocol V in November
                                                               The Anti-Personnel Mine-Ban Treaty                                                                                        2008. The main outcomes and achievements are
                                                                                                                              In the field, UNMAS continued to assist programmes         explained below.
                                                               UNMAS continued to support universal ratification              in complying with their obligations under the treaty,
                                                               and full implementation of the Anti-Personnel                  including with the preparation of reports as required by   The Sponsorship Programme to promote participa-
                                                               Mine-Ban Treaty in 2008. This important framework              Article 7, and with the development and execution of       tion in convention-related meetings was fully imple-
                                                               for mine action remains a key instrument for                   national mine action plans. Several states parties         mented in 2008. The UNMAS Liaison Office
                                                               promoting the achievement of UN strategic goals.               responded to UNMAS demarches to encourage                   in Geneva served as an observer to the programme’s
                                                               The year was crucial for the treaty. The Ninth                 the submission of Article 7 initial reports.               Steering Committee.




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     Explosive Remnants of War                                an ERW database for assistance and cooperation.                tivating mechanisms, should not be fitted with            UNMAT actively participated in this process and
                                                              Together with the ICRC Physical Rehabilitation                 anti-handling devices, and should not have sensitive      attended the Oslo Signature Conference on 3–4
     Protocol V provides a framework for post-conflict        Programme, UNMAS organized an event in Geneva                  fuses that allow explosion through contact by or in       December. Meanwhile, a parallel process leading to
     remedial measures for unexploded and abandoned           on victim assistance in the context of Protocol V.             proximity to a person.                                    the possible development of a legal instrument on
     explosive ordnance, as well as for generic and                                                                                                                                    cluster munitions under the Convention on Certain
     voluntary prevention measures. So far, 48 countries      Experts from the mine-ban treaty Implementation                                                                          Conventional Weapons has also continued and been
     have agreed to be bound by Protocol V. In July 2008,     Support Unit, the Office of the High Commissioner              Universalization                                          monitored closely by UNMAT.
     much in advance of the Second Conference of              for Human Rights (OHCHR) and ICBL were invited to
     High Contracting Parties to Protocol V, the President-   deliver presentations at the event, which informed             In 2008, UNMAS actively supported UN regional             Under the leadership of UNMAS, the IACG-MA
     designate (the Ambassador of Lithuania) undertook        participants on the components of victim assistance            seminars to promote the universality of the               successfully contributed to the process that led
     informal consultations, appointed coordinators           and widely supported aspects of this pillar.                   Convention on Certain Conventional Weapons, an            states to adopt the Convention on Cluster Munitions.
     for specific items and chaired a group of experts.                                                                      initiative of the Office for Disarmament Affairs          In coordination with UNMAT members, UNMAS
                                                              UNMAS will continue ensuring UN support for the                financed by the European Union through a European         is responding to the new treaty mandates and
     UNMAS participated in many of these consultations,       implementation of Protocol V and the universaliza-             Council joint action. With its own resources, UNMAS       emerging realities on the ground by providing
     providing technical advice and inputs to the             tion of the treaty in 2009.                                    prepared and delivered presentations at all regional      technical assistance and advice to initiatives
     coordinators on national reporting and an Article 4                                                                     seminars and chaired some of their sessions.              aimed at destroying cluster munitions and stockpiles
     electronic template (initiated by UNMAS in 2006),                                                                       Seminars were held in Santo Domingo, Lomé (two            in countries beyond those in which it is currently
     victim assistance, generic prevention measures, and      Mines Other Than Anti-Personnel Mines                          sub-regional seminars), Almaty, Rabat and                 operational. UNMAS is also preparing to provide
                                                                                                                             Kathmandu.                                                effective assistance and expert advice to the entity
                                                              The UNMAS-coordinated statements of UNMAT to                                                                             designated to serve as the secretariat for the states
                                                              the Meeting of States Parties to the Convention on             The universalization of the convention, particularly of   parties to the convention.
                                                              Certain Conventional Weapons and to the 10th                   Amended Protocol II and Protocol V, represents an
                                                              Annual Conference of High Contracting Parties to               important advocacy objective for UN mine action.          UNMAS extensive knowledge of ERW helped it
                                                              Amended Protocol II in November 2008 highlighted               UNMAS plays a leading role in UNMAT in assisting          to provide expert technical advice throughout 2008
                                                              the need to enhance existing international rules for           the advocacy initiatives of other partners in             both to the Oslo Process and to the discussions on
                                                              anti-vehicle mines and other mines not categorized             the IACG-MA.                                              cluster munitions by the Convention on Certain
                                                              as anti-personnel. These new rules could be                                                                              Conventional Weapons’ Group of Governmental
                                                              established either by amending Amended Protocol II                                                                       Experts. This expert advice included the participation
                                                              or through a new protocol to the convention. The               The Legal Framework for Cluster Munitions:                of the programme manager of the Mine Action
                                                              statements also supported the proposal of the                  The Convention on Certain Conventional                    Coordination Centre-South Lebanon (MACC-SL),
                                                              President of Amended Protocol II to establish an               Weapons and the Oslo Process                              awarded for its achievements in cluster munitions
                                                              informal open-ended group of experts to consider                                                                         clearance, in all relevant meetings in 2008.
                                                              matters arising from national reports and the                  Since the 2007 UNMAS Annual Report, much has
                                                              development of technology.                                     happened in the arena of cluster munitions. UN            These inputs were commended and widely
                                                                                                                             Member States supporting the Oslo Process on              appreciated by delegations and participants in the
                                                              The agreed position of UNMAT is that these mines               cluster munitions met in Wellington (18–22                various processes. In particular, during the Oslo
                                       Photo: Arne Hodalic
                                                              should be detectable by commonly available means,              February) and in Dublin (19-30 May), where they           Process, UNMAS support included clarifying the
                                                              should be fitted with self-destructing and self-deac-          adopted the Convention on Cluster Munitions.              characteristics and effects of different kinds of




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     sub-munitions, thus facilitating the identification    provides post-conflict remedial measures and some               In terms of participation, the Convention on Certain        The Oslo Process
     of an adequate definition of cluster munitions and     generic preventive measures of a non-legally bind-              Conventional Weapons includes all major military
     sub-munitions that cause unacceptable harm             ing nature. It does not outline restrictions on the use         powers, and the main users and producers of cluster         In 2006, the Norwegian Government announced
     to civilians.                                          of any weapon, nor does it require cluster                      munitions. It may capture important states parties          its intention to establish a new international
                                                            munitions to achieve a low failure or “dud” rate.               not participating in the Oslo Process. Fewer states         process to agree on a treaty on cluster bombs. A
     During negotiations on cluster munitions under the     Thus, it does not address the effects of cluster                affected by cluster munitions are involved in the           conference was convened in February 2007 in
     Convention on Certain Conventional Weapons,            munitions at the time of use or the dangers for                 Convention on Certain Conventional Weapons                  Oslo, where 46 nations agreed to a declaration
     UNMAS actively engaged with country delegations,       civilians caught in a cluster munitions attack. Cluster         process, however. At the Group of Governmental              committing to concluding a treaty banning
     either in session or on a bilateral basis, to inform   munitions account for a high percentage of UXO                  Experts meeting held from 14-18 January 2008,               cluster munitions in 2008. The group of states
     them about field-based technical inputs to consider    in post-conflict areas. They require a more specific            many delegations noted that the convention and the          spearheading the Oslo Process has included
     when seeking a realistic definition of cluster         legal regime than the one provided by Protocol V                Oslo Process are complementary and mutually                 Austria, Ireland, Mexico, New Zealand, Norway
     munitions, and determining their post-conflict         to address comprehensively all the problems                     reinforcing (as had been stated earlier by the UN           and Peru.
     impacts on civilians versus their military utility.    they cause.                                                     Secretary-General). Some argued that the Oslo
                                                                                                                            Process should be supplementary to the work of the          States that subscribed to the Wellington Declaration
                                                            In 2008, states parties began to negotiate a propos-            convention and recognize the military necessity of          in February 2008 were able to participate in treaty
     The Convention on Certain Conventional                 al in the Group of Governmental Experts to address              cluster munitions for certain states.                       negotiations at the Dublin Diplomatic Conference
     Weapons Process                                        the humanitarian impacts of cluster munitions, while                                                                        from 19 to 30 May. The Convention on Cluster
                                                            balancing military and humanitarian considerations.                                                                         Munitions was adopted by 107 states following
     The Convention on Certain Conventional Weapon          At the April meeting of the group, an increasing                                                                            negotiations there, and opened for signature in
     aims to protect military troops from inhumane          number of delegates began referring to the final                                                                            Oslo on 3 December.
     injuries and prevent civilians from being harmed by    outcome of this process as a new protocol banning
     certain types of arms. When the original convention    at least certain kinds of cluster munitions and                                                                             The signing conference concluded on 4 December
     entered into force in December 1983, it applied to     regulating the use of these weapons.                                                                                        with close to 100 state actions, including 94
     incendiary weapons, mines and booby-traps, and                                                                                                                                     signatures, 4 ratifications and 1 provisional
     weapons designed to injure through very small          At the November meeting in Geneva, Chairperson                                                                              application. The convention will be open for signa-
     fragments.1 Since then, states parties—now totaling    Ambassador Wigotski of Denmark produced the text of                                                                         ture at UN Headquarters in New York, until it enters
     108—have added provisions to ban the use of            a draft protocol on cluster munitions to serve as the basis                                                                 into force after the 30th instrument of ratification is
     blinding laser weapons, and address lingering          for negotiations. The group informed states parties that                                                                    deposited.
     dangers posed by unexploded munitions and              it did not conclude its negotiations on the text and
     abandoned explosive ordnance. Protocol V on ERW        recommended additional negotiations in 2009 without                                                                         There are 20 states that are not party to the
     was negotiated by the convention’s Group of            prejudice to any present or future proposals. To date,                                                                      Convention on Certain Conventional Weapons
     Governmental Experts in 2003 and adopted by            this process has been less dynamic and ambitious than                                                                       participating in the Oslo Process, making
     the meeting of states parties the same year. It        that of the Oslo Process, which has negotiated a                                                                            it a globally representative forum. Participants cover
     entered into force on 12 November 2006                 legally binding treaty. The lack of agreement on a new                                                                      all world regions and include representatives from
     and currently has 40 states parties. Although the      protocolleavesthe Convention on Cluster Munitions as                                                                        19 producer states, 7 states that have used cluster
     protocol is a step towards reducing the impacts        the only international instrument that specifically deals                                                                   munitions, 34 states that have stockpiles
                                                                                                                                                                  Photo: Mark Craemer
     of unexploded sub-munitions, the instrument mainly     with these weapons.                                                                                                         and 11 states affected by the weapons.




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     Similarities and Differences Between                   fewer than 10 explosive sub-munitions and those                Alternatively, some states have sought exclusions by       taining particular technical features should not be
     the Convention on Certain Conventional                 equipped with an electronic self-destruction or                proposing that weapons with 10 or fewer                    defined as cluster munitions because they meet the
     Weapons and the Oslo Process                           self-deactivating mechanism.                                   sub-munitions or weapons with sensor-fusing should         humanitarian requirements that the Oslo Process
                                                                                                                           not be considered cluster munitions at all.4 Yet these     seeks to achieve.
                                                            The UN common position on this issue, based on                 states have offered little proof as to how such
     Definitions                                            its work on the ground, is that all cluster                    features would limit the humanitarian impact during
                                                            munitions cause unacceptable harm to civilians                 or after attacks. In principle, exempted weapons fall      UN Assessment
     Defining cluster munitions was critical for the        and should be prohibited.                                      under the definition of cluster munitions, whereas
     purpose of a ban, as this directly affects the clas-                                                                  those excluded from the definition are not regarded        Based on the experiences of UN agencies, all cluster
     sification of weapons and the designation of                                                                          as cluster munitions for the purpose of a specific         munitions used so far, and those that are stockpiled,
     exemptions or exceptions. Before 2008, there           Exemptions vs. Exclusions                                      instrument.                                                cause unacceptable harm to civilians.
     was no universally agreed-upon definition.
     Generally, any weapon that releases multiple           Some states, particularly those that produce cluster
     explosive sub-munitions may be considered a            bombs, have called for exemptions that will permit             Restriction vs. Total Ban                                  Interoperability
     form of cluster munitions.                             them to keep some of their own weapons systems.
                                                            Those seeking exemptions from a ban argue that the             This matter is closely tied to the issue of definitions,   Interoperability, like the definitions of cluster muni-
     In defining cluster munitions that have caused         most modern bomblets have self-destruct systems,               since some states that are not signatories of the          tions, has been an issue that received much
     extensive humanitarian problems, the ICRC uses         which are designed to eliminate the long-term risk to          Convention on Cluster Munitions may be able to             attention during the Oslo Process meetings. The
     the terms “inaccurate” and “unreliable.” Specific      civilians if they fail to detonate.                            avoid regulation if a particular type of weapon            United Nations consulted with its Office of Legal
     factors that could be included in defining                                                                            escapes classification as prohibited. The different        Affairs on the implications of a possible cluster
     weapons are: dud rates/failure to detonate upon         Photo: Mark Craemer                                           positions are briefly outlined below:                      munitions treaty, asking if the convention raised
     impact, inaccuracy, malfunctioning, the number                                                                                                                                   issues of interoperability for UN operations—for
     of sub-munitions and the ability to be targeted                                                                                                                                  example, a situation in which a state party partici-
     accurately. 3                                                                                                         Convention on Certain Conventional Weapons Process         pates in a UN peacekeeping operation or other
                                                                                                                                                                                      authorized |operation together with states that are
     The development of a definition for cluster muni-                                                                     Restriction on use will focus on failure and reliability   not party to the convention, and which use or trans-
     tions was pivotal in the negotiations of the                                                                          thresholds or rates to limit the use of cluster            fer cluster munitions in that operation. The outcome
     Convention on Cluster Munitions. In Dublin,                                                                           munitions that are more likely to cause humanitarian       of the discussion was that the United Nations was
     states parties were able to determine which                                                                           harm.                                                      not in a position to interpret the provisions of the
     weapons pose humanitarian problems and which                                                                                                                                     convention or an individual state’s obligations.
     possess characteristics that warrant exclusion or                                                                                                                                Rather, it is up to the state party to “decide whether
     exemptions from the ban. Article 2 of the conven-                                                                     Oslo Process                                               their mere participation in the operation (hypothet-
     tion defines cluster munitions as “a conventional                                                                                                                                ically using cluster munitions) would be in violation
     munition that is designed to disperse or release                                                                      It advocated for a total ban on cluster bombs that         of their treaty obligations not to ‘assist,’ ‘encourage’
     explosive sub-munitions each weighing less than                                                                       cause unacceptable harm to civilians. The                  or ‘induce’ such use. The operation, however, would
     20 kilograms, and includes those explosive sub-                                                                       Government of Norway expressed the notion that             not be considered to be in violation of any
     munitions.” It excludes, inter alia, weapons with                                                                     weapons capable of engaging point targets and con-         international law principle if the use of cluster




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     ?munitions was otherwise lawful.” At the             Stockpile Destruction and Transition Periods                   marking of ERW, mine risk education and victim         participating in the Oslo Process in favor of the
     Wellington Conference in February 2008, a                                                                           assistance—and international cooperation and           Convention on Certain Conventional Weapons.2
     group of like-minded states emerged and              Convention on Certain Conventional Weapons process:            assistance. Some countries together with the
     expressed their concerns about interoperability      One advantage of this process is that it captures              ICRC have called for the addition of victim assis-
     with regard to joint operations with states not      the major users and/or producers of cluster muni-              tance provisions in a new protocol, while others       Promoting the Rights of Persons
     party to the convention. Some countries              tions, a number of which are not participating in the          prefer not to see victim assistance provisions         with Disabilities
     advocated for the inclusion of language that         Oslo Process. But some proposals have included a               repeated in a new protocol.
     would enable them to participate in the joint        transition period during which states can continue                                                                    The Convention on the Rights of Persons with
     planning or execution of military activities with    to use, with certain limitations, any cluster muni-            Oslo Process: For clearance and risk mitigation        Disabilities and its Optional Protocol were opened
     states that are not parties, and that engage in      tions they choose, even outdated ones with high                activities, the Convention on Cluster Munitions        for signature on 30 March 2007. The convention
     activities prohibited under the new convention.      dud rates.                                                     instructs states parties to take into account inter-   entered into force on 3 May 2008, and by the end of
     The possibility of states introducing reservations                                                                  national standards, including the International        2008, some 42 states had ratified it, including some
     to the convention on this issue was discussed.       Oslo Process: Transition has been a contentious issue          Mine Action Standards (IMAS). Mine action              affected by landmines and/or ERW. Twenty-five
     The subject remained unresolved at the               during negotiations. Some countries have proposed a            is nevertheless comprehensively addressed by           states had ratified the Optional Protocol. The
     conclusion of the Wellington Conference.             transition period allowing continued use of the                the convention.                                        convention provides explicit guidance to countries
                                                          weapons for years after they have been banned. At                                                                     affected by landmines and ERW regarding the rights
     The Wellington Declaration introduced language       the Wellington Conference, a number of states pro-                                                                    of survivors. It will help states fulfil victim assistance
     to accommodate the divergent views of                posed transition periods for the entry into force of           Next Steps                                             obligations pursuant to Article 6 of the mine-ban
     delegations on this and other issues. Signed by      specific obligations restricting the use, development,                                                                treaty and Article 8 of Protocol V of the Convention
     82 states, it affirmed the objective of concluding   production, acquisition, retention and transfer of the         The successful conclusion of the Oslo Process at       on Certain Conventional Weapons. In addition,
     at the Dublin conference a legally binding           prohibited cluster munitions.                                  the Dublin Diplomatic Conference put added             Article 5 of the new Convention on Cluster
     international instrument prohibiting cluster                                                                        pressure on states participating in the                Munitions contains victim-assistance-related obliga-
     munitions that cause unacceptable harm to            At the Dublin conference, proposals for transition             Convention on Certain Conventional Weapons to          tions along with the principle of non-discrimination
     civilians. The declaration was signed by a           periods allowing states to use the weapons for                 reach a new accord by the November 2008 meet-          against victims—including those who are not cluster
     number of the like-minded countries, but some        between 7 and 12 years were quashed by affected                ing of states parties.6 The meeting did not reach a    munitions victims. UNMAS participated in the first
     expressed disappointment at the “lack of trans-      states. Stockpiles of existing weapons must be                 decision on a protocol on cluster munitions, how-      session of the Conference of the States Parties to the
     parency” in the management of the Oslo               destroyed within 8 years.3                                     ever, indicating how polarizing the issue is. The      Convention on the Rights of Persons with Disabilities
     Process. Interoperability, transition periods,                                                                      Group of Governmental Experts on cluster muni-         from 31 October to 3 November 2008 in New York.
     definitions, deadlines for stockpile destruction,                                                                   tions will continue its negotiations in 2009.
     and retention of cluster munitions for training      Clearance and Risk Mitigation, Victim Assistance and           Although an agreement is unlikely to result in         UNMAS, as the DPKO representative in the Inter-
     and research purposes were the key issues that       International Cooperation                                      a limitation on cluster munitions that is as           Agency Support Group (IASG) on the Convention on
     arose in the Committee of the Whole during the                                                                      comprehensive as that negotiated under the Oslo        the Rights of Persons with Disabilities, participated
     Dublin conference, 5 with some countries citing      Convention on Certain Conventional Weapons                     Process, many hope that a legal instrument,             in the second meeting of the group, held in Geneva
     interoperability concerns to justify non-signa-      process: Many delegations stressed the impor-                  possibly of a more technical nature than the           on 19-20 June. It prepared a report on DPKO
     ture of the convention. Interoperability has not     tance of linking a new protocol on cluster muni-               Convention on Cluster Munitions, will be                developments related to the convention, which was
     been addressed by the Convention on Certain          tions to Protocol V with regard to provisions on               negotiated by cluster munitions stockpilers and        submitted during the meeting. The IASG was estab-
     Conventional Weapons process.                        mine action activities—such as clearance and                   producers, since they have largely refrained from      lished to promote and assist in the implementation




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U N M A S Annual Report 2008

  • 1.
  • 2. 2008 CONTENTS ANNUAL REPORT FOREWORD 3 HEADQUARTERS COORDINATION AND THEMATIC ACTIVITIES 4 Frameworks 5 Normative Frameworks 5 Operational Frameworks 12 Assisting Victims and Survivors 15 Treaties 18 Shaping Policy and Legal Frameworks for Mine Action 18 Promoting the Rights of Persons with Disabilities 27 Communicating to the Public and Other Constituencies 37 International Mine Action Standards 39 Developing and Applying New Technologies 41 Photo: Arne Hodalic
  • 3. 2008 2008 CONTENTS ANNUAL REPORT COUNTRY PROGRAMMES 43 FOREWORD Afghanistan, Islamic Republic of 44 As Chair of the Inter-Agency Coordination Group for As a result of close cooperation with Lebanese authori- Mine Action, I am proud to present to you the inspiring ties, UNMAS handed over management responsibility results achieved by UN Mine Action Service (UNMAS) for the mine and ERW threat in south Lebanon to the Chad 54 and simultaneously to highlight the great value UNMAS Lebanon Mine Action Centre on 31 December. In brings to peacekeeping and humanitarian relief efforts. October, the UN High Commissioner for Refugees pre- sented the Lebanon programme with the prestigious In 2008, mine action operations supported by UNMAS Nansen Award, emphasizing that “(o)ne of the most Democratic Republic of Congo 57 enabled hundreds of thousands of people and local com- heroic types of humanitarian work is to demine or dis- munities to resume normal lives and reclaim their liveli- mantle these devices in order to allow people to go back hoods by regaining access to previously contaminated home and resume their lives.” Eritrea and Ethiopia 61 lands. The clearance of thousands of kilometres of mined roads and essential infrastructure has contributed to the The remarkable success of UNMAS field operations and protection and empowerment of men, women, girls and headquarters-based policy guidance and coordination Lebanon 64 boys in the nine countries or territories where UNMAS services would not have been possible without the gen- operates and in other countries and territories supported erous voluntary contributions of 19 donors, which by UNMAS. totalled US $92.5 million in 2008. Nepal 70 One of the more remarkable achievements of the year The significant role UNMAS plays in the peace and was the clearance of 84,000 anti-personnel mines in security sector as the mine action focal point in the UN Afghanistan, which is more than double the average system was consolidated throughout the year under the Somalia 77 annual amount cleared between 1989 and 2007. This Office of Rule of Law and Security Institutions (OROLSI). accomplishment is an indicator of increased coordination OROLSI was established in Afghanistan. It highlights how the Mine Action in 2007 and hosts UNMAS; Sudan 80 Programme in Afghanistan (MAPA) has increased effi- the Police Division; ciency and improved aid effectiveness. the Criminal Law and Judicial Advisory Western Sahara 91 In accordance with the goals of the United Nations Inter- Section; the Disarmament, Agency Mine Action Strategy: 2006-2010, UNMAS Demobilisation and assisted a number of countries in meeting their obliga- Reintegration Section; and tions under the Anti-Personnel Mine-Ban Treaty and the Security Sector Reform UNMAS Support to other Programs 95 other mine-action-related treaties and in developing capacity. national institutions to manage their residual mine or I congratulate UNMAS for its efforts in 2008. explosive remnants of war (ERW) threats. Drawing on its expertise in dealing with unexploded sub-munitions, FINANCIAL PERFORMANCE 97 UNMAS provided critical field-based advice to states throughout their deliberations on the Convention on Alain Le Roy Cluster Munitions, which was adopted in Dublin on 30 UN Under-Secretary-General for May and opened for signature on 3 December in Oslo. Peacekeeping Operations Photo: Arne Hodalic 3
  • 4. 2008 Headquarters Coordination and Thematic Activities 2008 FRAMEWORKS UNMAS Highlights Mine action concerns were integrated across the UN Headquarters system. A critical short-notice situation assessment for Georgia was delivered. Coordination and Rapid response capacity was strengthened through an expanded planning exercise. Seven mine action programmes from the Africa and Thematic Activities Asia regions developed gender-sensitive action plans that should inform the way they conduct routine business in the coming year. NORMATIVE FRAMEWORKS Photo: Arne Hodalic Integrating Mine Action Concerns Across the UN System presented information substantiating child rights During 2008, the UN Secretary-General explicitly violations in six categories as requested by the referred to mine action in 22 key reports to the UN Security Council. In 2008, the Security Council Security Council, including those on Afghanistan, learned that landmines and ERW kill and maim Burundi, Chad, Cyprus, Eritrea and Ethiopia, Nepal, ?children in Chad, particularly in the north of the Somalia, Sudan, Sudan (Darfur) and Western country. After 30 years of war, Chad counts among Sahara. Several drew on inputs from UNMAS. They the top 10 countries in the world in terms of victims included specific sections that updated the Security of landmines and unexploded ordnance (UXO). Council on the implementation of the mandates of Marking the location of mines in Chad is currently specific mission, which may include clearance of very difficult given the lack of data, and movement landmines and ERW, verification of routes required move due to rainfall and shifting sands. for mission deployment, provision of mine risk education, training of national staff, and the compila- The report on children and armed conflict in Somalia tion of data on casualties and accident rates. emphasized the persistent danger to children from landmines and ERW, explaining that these devices The Secretary-General submitted two reports to the are responsible for an increased number of accidents Security Council Working Group on Children and involving children in and around Mogadishu follow- Armed Conflict in Chad and Somalia. The reports ing the bombardment of the capital in April 2007. Photo: Mark Craemer 5
  • 5. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 The report highlighted the UNMAS assessment Effective Coordination: The UN Inter-Agency The United Nations Inter-Agency Mine Action Coordination and Consultation Mechanisms mission in Mogadishu. Following the report’s Policy for Mine Action Strategy: 2006-2010 recommendations, a mine action centre was established in Baidoa. In June 2005, the principals of the IACG-MA Vision Highlights approved the document “Mine Action and Effective Coordination: The United Nations Inter- The vision of the United Nations is a world free of the Effective coordination of UN efforts related to cluster Mine Action on the Agendas of the Agency Policy.” It replaced a previous threat of landmines and ERW, where individuals and munitions took place through the IACG-MA Cluster Munitions Working Group. General Assembly and Security Council inter-agency policy approved in 1998 and communities live in a safe environment conducive to amended in 1999. development, and where the needs of mine and ERW The UNMAT approach to resource mobilization was UN mine action is conducted on the basis of UN victims are met, and they are fully integrated into promoted. General Assembly and Security Council resolutions, The policy reconfirms the role of UNMAS as focal their societies. Significant mine action concerns were discussed and including the biennial General Assembly resolution point for mine action within the UN system, defines solutions identified at the 11th International Meeting of on assistance in mine action, the most recent of the vision and core commitments of UN mine National Mine Action Directors and UN Advisers. which was adopted on 13 December 2007 action, outlines the legal framework, and describes Strategic Goal (A/Res/62/99). This resolution reiterated that coordination mechanisms and the roles of the 14 UNMAS is designated to act as the focal point for UN mine action actors. UNMAS coordinates the The United Nations will work with national authori- The Inter-Agency Coordination coordinating mine action in the UN system, including IACG-MA and its activities in line with the ties and in partnership with non-governmental Group for Mine Action operational coordination in the field. It called for UN inter-agency policy. organizations (NGOs), the private sector, interna- support to buildnational capacities, reaffirming tional and regional organizations, and others to UNMAS and its parent organization, the Department Strategic Objective 4 of the United Nations Inter- reduce the humanitarian and socioeconomic threats of Peacekeeping Operations (DPKO), are responsible Agency Mine ?Action Strategy: 2006-2010. The United Nations Inter-Agency Mine Action posed by landmines and ERW, to the point where for convening and chairing meetings of the IACG- Strategy: 2006-2010 UN mine action assistance will no longer be necessary. MA. In 2008, the group met monthly at the working In 2008, General Assembly Resolution level, under the chairmanship of UNMAS, and in Strategic Objective 1: Reduction of death and injury 62/741, on strengthening the capacity of the The United Nations Inter-Agency Mine Action February and November at the principals’ level, by at least 50 percent. United Nations to manage and sustainpeace- Strategy: 2006-2010, adopted in 2006, focuses on under the chairmanship of the Under-Secretary- keeping operations, referred to mine action. the expected impact of UN mine action by 2010. Strategic Objective 2: Mitigate the risk to community General for Peacekeeping Operations. UNMAS is working closely with UN Mine Action livelihoods and expand freedom of movement for As in previous years, UNMAS closely followed the Team (UNMAT) members to monitor strategy at least 80 percent of the most seriously affected The monthly meetings provide a forum for discussing negotiation and adoption of General Assembly implementation with a view to improving both communities. current issues and exchanging information on rele- resolutions referring to mine action or related prioritization and results measurement. A task vant updates, including ongoing monitoring of threat treaties. These included resolutions on the force has been established to combine and draw Strategic Objective 3: Integration of mine action levels. They also help in preparing for upcoming Convention on the Rights of Persons with on comparative advantages of UNMAT mem- needs into national development and reconstruction meetings and activities. The group agrees on Disabilities and the Optional Protocol (A/Res/63/192), bers. The World Bank has lent expert support, plans and budgets in at least 15 countries. language for UNMAT speeches and interventions the Convention on Certain Conventional Weapons which will inform the work of the task force in Strategic Objective 4: Assist the development of delivered at meetings of states parties to mine- (A/Res/63/85), the Anti-Personnel Mine-Ban 2009. At the 64th session of the General national institutions to manage the landmine/ action-related treaties. In 2008, it organized the 11th Treaty (A/Res/63/42) and the recently signed Assembly, the Secretary-General will submit a ERW threat, and at the same time prepare for International Meeting for National Mine Action Convention on ClusterMunitions (A/Res 63/71). report on progress. residual response capacities in at least 15 countries. Directors and UN Advisers, and coordinated advoca- 6 7
  • 6. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 cy events in connection with the 4 April anniversary include the collection of verifiable indicators on the of the mine-ban treaty, the Ninth Meeting of States sectors mine action supports, such as agriculture, Parties to the treaty and the International Day for water and sanitation, and economic development. Persons with Disabilities. The outcome of the discussion was an effort to for- malize evaluation training, which will be implement- UNMAS continued to lead coordination efforts ed in coordination with the Geneva International around cluster munitions, including by convening Centre for Humanitarian Demining (GICHD) in regular meetings of the IACG-MA Cluster Munitions 2009. Working Group. It worked at the principals’ level to forge agreement on a UN position on cluster munitions, and coordinated high-level participation The Mine Action Support Group and interventions at the Dublin Diplomatic Conference under the Oslo Process and the On behalf of UNMAT, UNMAS continued to provide Convention on Cluster Munitions signing conference substantive, logistical and technical secretariat in Oslo, as well as at all meetings related to the support to the Mine Action Support Group (MASG), Convention on Certain Conventional Weapons. the group of donors concerned about the humanitar- Overall, the principals worked to ensure that UNMAT ian, peace-building and development impacts Photo: Mark Craemer spoke with one voice on the matter of cluster of landmines and ERW. This support was particular- munitions, and supported and promoted processes ly significant in facilitating consistency and for both conventions. momentum, since the new system of a rotating the mine-ban treaty, the development of mine action and/or supported mine action programmes to chairmanship on a trimester basis was transition strategies and progress achieved and chal- nationalauthorities. It also discussed how to measure UNMAS also convened meetings of the IACG-MA introduced in 2008. lenges faced by the Afghanistan and Senegal mine the positive impacts of mine action on beneficiaries, Communications Working Group and the IACG-MA action programmes. The second MASG meeting was along with operational achievements and financial Steering Committee on Gender and Mine Action in Under the chairmanship of the Representative of hosted by the Government of Switzerland in Geneva gaps in the Afghanistan programme. 2008. No meetings of the Geneva IACG-MA Sub- France, UNMAS worked to organize the first joint on 4 June, and discussed progress accomplished Group took place. MASG-UNMAT press conference in Paris. A press during the Dublin conference on cluster munitions, release was issued on 3 April in advance of the the relevance of the new Convention on the Rights of Portfolio of Mine Action Projects International Day for Mine Awareness and Persons with Disabilities to mine action, victim assis- The Committee on Mine Action Assistance in Mine Action. A press conference tance activities in Sudan, land release, and support to UNMAS launched the 12th edition of the featured a panel including the chairman and states with mine clearance obligations (Article 5 of Portfolio of Mine Action Projects in New York on 4 A session of the Committee on Mine Action was held representatives from the UN Children’s Fund the mine-ban treaty). December. The Assistant Secretary-General of at the 11th International Meeting for National Mine (UNICEF) and UNMAS. Reporters from a variety of OROLSI led the event. The portfolio is an annual Action Directors and UN Advisers. The discussion international media outlets participated, fielding The third MASG meeting, chaired by the publication, coordinated among UN agencies, focused on measuring the impacts of mine action many questions on operations in the Democratic Representative of the United Kingdom on 26 national authorities, NGOs and donors, with activities, in the short term and over a 5-to-10-year Republic of Congo. The first MASG meeting of the November in Geneva, coincided with the Ninth guidance from the Headquarters Portfolio Team, period in regions where mine action began more than year took place in Paris on 4 April. Discussions cov- Meeting of States Parties to the mine-ban treaty. It comprising representatives from UNMAS, a decade ago. Obstacles to measuring impacts ered achievements and outstanding requirements of took stock of progress in transitioning UN-managed the UN Development Programme (UNDP) 8 9
  • 7. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 and UNICEF. The portfolio provides an overview of and continues to allow updates throughout the year. was requested for 12 mine action projects alone. By information on participants and facilitate the how affected countries plan to address the problems Overall, the 2009 edition appealed for US $459 the end of the year, 31.8 percent of the total funds issuance of visas. The foreign affairs ministries in posed by landmines and ERW. The 2009 edition million, of which US $437 million remained unfunded requested had been committed (US $22.6 million). Croatia and Slovenia provided valuable support. includes submissions from 33 countries, territories at the time of the launch. or missions, spanning 300 projects. Africa accounts In August, donors offered generous bilateral support The meeting agenda comprised plenary sessions for the largest number of projects at 125. National to mine action activities through the Georgia Crisis and workshops. Programme-related plenaries NGOs submitted about 20 percent of all projects, Integrating Mine Action into Flash Appeal. discussed UN roles and responsibilities, land release either individually or as partner appealing agencies. Humanitarian Appeals through actions other than clearance, and national Additional chapters or projects may be added to Of the 12 consolidated appeals that constitute the capacity development and transition. Policy-related the online version on the Electronic Mine Information In 2008, mine action portfolio country team Humanitarian Appeal 2009, which was launched in sessions covered topics such as victim assistance, Network (E-MINE) website, which allows donors and members continued to participate in humanitarian November 2008, mine action projects were included the rights of survivors of and persons affected by stakeholders to monitor funding needs for each appeal working groups to promote the inclusion of for countries such as Chad, the Democratic Republic ERW, and meeting the obligations of Article 5 of the project. mine action projects in humanitarian and of Congo, Somalia and Sudan. mine-ban treaty. Updates were provided on gender development plans and the consolidated appeals action plans, GICHD, the standing committees of the Input to the 2009 portfolio was provided via process. The 2008 Sudan Work Plan constituted the treaty and Article 7 reporting, mine risk education web-based entry forms. The automation of the largest appeal, with 959 projects and a total funding 11th International Meeting of National Mine emergency kits and cluster munitions. Three site preparation process was further improved in 2008 request of US $2.3 billion. Just under US $71 million Action Directors and UN Advisers visits took place to the Slovenian Institute for Rehabilitation and Mine Victim Assistance Institute, The 11th International Meeting of National Mine and the Cerovac and Gaj testing sites. Surveys Portfolio of Mine Action Projects: 2004–2008 Action Directors and UN Advisers was held from 13 completed by participants indicated that the meeting to 18 April in Ljubljana, Slovenia, and Sibenik, Croatia. was a success and provided valuable information. It was organized by UNMAT in partnership with the 2004 2005 2006 2007 2008 Photo: Julia Goehsing International Trust Fund for Demining and Mine Participating Countries 32 Countries 30 Countries 30 Countries 29 Countries 33 Countries Victim Assistance (ITF) in Slovenia and the Croatian and Territories 4 Territories 3 Territories 4 Territories 3 Territories 4 Territories Mine Action Centre (CROMAC) in Croatia. UNMAS chaired and hosted the meeting. Following feedback from the previous year, the annual event was held in Appealing Agencies 83 91 103 124 110 a mine-affected region for the first time and featured the first field demonstrations in situ. Over 220 mine Number of Projects 307 313 353 347 383 action stakeholders participated to assess progress and future challenges. The participants included Funding Appeal us$352 million us$378 million us$459 million us$453 million us$404 million senior national directors of mine action programmes, UN mine action staff, representatives from Funding Received us$175 million us$241 million us$240 million us$310 million us$39 million international NGOs, experts from donor govern- ments and other mine action implementing partners. Shortfall us$177 million us$136 million us$219 million us$143 million us$365 million UNMAS worked extensively with ITF and CROMAC on an online registration system to track logistical 10 11
  • 8. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 OPERATIONAL FRAMEWORKS Integrating Mine Action into Humanitarian framework guides the deployment of appropriate Building Rapid Response Capacity and To best participate in this approach, UNMAS and Development Programming resources and creates an environment conducive to the Cluster Approach Headquarters is a full member of the Global longer term planning. It can be implemented in Protection Cluster Working Group, which is led by Mine action programmes overseen by UNMAS response to either emergency humanitarian or In June, UNMAS held its fifth annual rapid response the UN High Commissioner for Refugees (UNHCR). continued to be integrated into development peacekeeping operations. Due to support from the training exercise in Sweden in conjunction with its The cluster has responsibility for a wide range of assistance planning, as well as country assessment Government of the Netherlands, UNMAS was able to use standby logistics support partner, the Swedish Civil activities aimed at ensuring respect for the rights of mechanisms where they exist. In 2008, the UN Mine fewer unearmarked funds in 2008 for this coreactivity. Contingencies Agency (MSB), formerly known as the all individuals, regardless of their age, gender, or Action Office (UNMAO) in Sudan and the Mine Swedish Rescue Services Agency (SRSA). This social, ethnic, national, religious or other back- Action Coordination Centre for Afghanistan Photo: Arne Hodalic activity focused on setting up a mine action ground. This requires a collaborative and coordinated 1 (MACCA) provided inputs to the UN development coordination centre in an emergency environment. response by various national and international actors assistance frameworks (UNDAFs) in each country. with diverse mandates, expertise and experience. Additionally, these and other programmes UNMAS enjoyed UN agency participation in the The cluster seeks to assist protection actors on the contributed to the ongoing development of new rapid response exercise on a level similar to that in ground to maintain more effective and predictable UNDAFs and common country assessments (CCAs), 2007, with the main gain in 2008 being the atten- responses. In the past, representatives of the cluster as well as relevant World Bank poverty reduction dance of representatives from the Mines Advisory team in Geneva have also attended the rapid strategies and notes. Mine action in Afghanistan Group (MAG) to provide NGO perspectives. The response exercise to familiarize themselves with also remains fully integrated into the Millennium internal assessment component of the exercise was mine action crisis response. Development Goal (MDG) strategies of the country, developed to provide a competency-based frame- with regular progress updates provided under the work for measuring attendees’ abilities to deploy on In the field, UNMAS programmes are also part of the framework of the Afghanistan National Develop- an operational activation. This process helped with cluster system, where it is in place (for example, ment Strategy, and the Joint Coordination and the development of a register of trained participants. Afghanistan and Lebanon). This is usually under the Monitoring Body. Planning is underway for the 2009 exercise, with one auspices of the UN Office for the Coordination of aim being to develop the scenario to allow for greater Humanitarian Affairs (OCHA). UNMAS engagement participation by UNMAS’ OROLSI partner agencies. is largely through the Protection Cluster, but may The Framework for Mine Action Planning include other sectors where there is a requirement and Rapid Response Inter-agency representation allowed the simulation for more integrated operations and planning, such as of the coordination mechanisms prescribed within emergency shelter, emergency education, early The Framework for Mine Action Planning and Rapid the Protection Cluster, which emerged following the recovery, health, food security and agriculture, and Response was developed as part of the 2001 mine Humanitarian Response Review of the global inter-cluster coordination. action strategy. It provides an overarching structure humanitarian system. It proposed using a “cluster and approach, within which UNMAS and members approach” in international responses to humanitari- of the IACG-MA monitor mine and ERW threats an emergencies to address gaps and strengthen Rapid Response globally, identify and plan appropriate responses effectiveness through partnerships. The approach with members of UNMAT, and facilitate the rapid ensures predictability and accountability by Rapid emergency responses and effective planning deployment of assessment missions, coordination clarifying the division of labour among organizations, are key to UNMAT’s efforts to mitigate threats from capacity and operational assets. Designed to address and better defining their roles and responsibilities landmines and ERW, and assist freedom of move- mine action requirements in emergency phases, the within the different parts of the response. ment, as called for under Strategic Objective 2 in the 12 13
  • 9. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 United Nations Inter-Agency Mine Action Strategy nition. It found that actors already in place could Mine Action Planning and Inter-Agency Assessment cal missions. The evaluation team briefed in New 2006–2010. meet immediate needs for mine action. Mine risk Missions York prior to and after the evaluation and the recom- education was being provided by the International mendations were included in the newly operational UNMAS tapped unearmakrked funding to launch a Committee of the Red Cross (ICRC), and the HALO UNMAS continued to provide regular tracking of recommendations tracking database. The team vis- short notice mine action needs assesment afterthe Trust had rapidly expanded its pre-existing emerging and evolving threats to the IACG-MA, and ited a number of locations and implementing conflict in Georgia in 2008. On 15 August, the UN operational capacities. There was no substantial led an assessment mission to Niger in November. partners and the areas it identified informed the later Resident Coordinator in Georgia requested mine capability gap that UNMAS could usefully fill, a view inter-agency evaluation in October as well as action technical assistance from UNMAS as a result shared by the Resident Coordinator. Conflict in the north of Niger has resulted in mine additional measures taken by UNMAS and the of the conflict there and the resulting potential threat and ERW contamination, mainly on transportation programme to increase the effectiveness of the of ERW. The IACG-MA met and dispatched an The outcome of the assessment mission was that routes. This has disrupted transportation, the admin- programme. The results of the evaluation were UNMAS-led fact-finding team to establish the level UNMAT elected not to activate the operational istration of government offices and the delivery of shared with implementing partners. of ERW contamination within the wider Georgia aspects of the Framework for Mine Action Planning humanitarian aid. The Government has accumulated area; to render necessary advice and assistance to and Rapid Response to mobilize financial, human and a stockpile of over 5,000 anti-tank mines and more An inter-agency team from UNMAS and the UN the Resident Coordinator, the UN Country Team and technical resources to support mine action in than 1,000 anti-personnel mines, which impacts its Office for Project Services (UNOPS) carried out the UN Department of Safety and Security; and to Georgia. UNMAS continued to monitor the situation obligations related to the mine-ban treaty. UNMAS evaluation focused on the operational issues raised develop an initial response plan if required. over the remainder of the year with a view to identi- undertook a technical assessment mission at the in the prior evaluation. Meetings were held with fying any longer term capacity development needs. request of the Government with a view to determin- senior managers of the UN Mission in the ing options for a stockpile destruction programme. A Democratic Republic of Congo (MONUC) as well as response utilizing MSB explosive ordnance disposal senior representatives of UN agencies. While all Threat Monitoring (EOD) teams was planned for November 2008, stated that the programme was meeting all their but had to be postponed until 2009. The mission requirements on matters related to ERW, the Team One of the roles of the IACG-MA is to monitor also identified options for further engagement to recommended restructuring to provide rapid deploy- global threats from mines and other ERW through enhance national capacities for ammunition man- ment EOD teams to support humanitarian activities the Threat Monitoring Matrix (TMM). The TMM is agement and humanitarian demining. in the east, and increase support to national NGOs managed by the UNMAS Planning Officer, and and mine clearance and survey activities in the south updated every two weeks through the monitoring of and west. agency field reports, the media, and other informa- Programme Evaluations tion from donors and partners. An updated TMM is sent to the IACG-MA one week before each UNMAS remains committed to monitoring the man- Assisting Victims and Survivors, monthly meeting. This gives them the chance to agement of its mine action programmes and and Reducing Risks Photo: Mark Craemer review and request further updates or amendments commissioned an independent evaluation of the prior to the meeting. Each potential threat is Programme in the Democratic Republic of Congo in In line with Strategic Objective 3 of the UN mine discussed and a response agreed upon, whether April 2008 and undertook an additional inter-agency action strategy,2 UNMAS continues to help increase The team determined that the ERW threat was very through a technical assessment mission to a new evaluation of the programme in October 2008. The resources for survivors disabled by landmines and limited in coverage and intensity, with the primary country, a change of policy or direction for an exist- independent evaluation was undertaken by two ERW, and ensure that their needs are met within threat being posed by limited contamination by UXO, ing programme, or the decision to take no immediate female consultants. The aim was to identify national programmes and facilities for persons with primarily cluster munitions, and abandoned ammu- action besides monitoring a situation closely. challenges and inform future evaluations and techni- disabilities. In Sudan, UNMAS took the lead in 14 15
  • 10. 2008 Headquarters Coordination and Thematic Activities implementing the inter-agency victim assistance UNMAS supports mine risk education pro- project funded by the Government of Japan through grammes primarily through UNICEF and other the UN Trust Fund for Human Security (UNTFHS). humanitarian agencies. These programmes aim The project helped the national authorities in to reduce risks for civilian populations by provid- developing the national victim assistance strategic ing messages that focus on safe behavior in framework as well as a work plan, conducted needs mine- and ERW contaminated areas, particularly assessments, provided mine risk education, and for refugees and internally displaced persons implemented pilot projects to support mine and UXO (IDPs). victims. Details of project activities and achievement can be found on page 89. UNMAS continues to encourage all agencies and organizations in the UN system to integrate Since assisting victims and survivors goes beyond landmine and ERW safety training into their gen- the mine-ban treaty, UNMAS supports links with eral safety briefings. This is largely accomplished other legal frameworks such as Protocol V on ERW in the field through the mine action coordination of the Convention on Certain Conventional centres and UN security personnel. At headquar- Weapons, and, notably, the Convention on the Rights ters, UNMAS liaises regularly with the of Persons with Disabilities. UNMAS advocated for Department of Safety and Security to ensure that the universalization and full implementation of the mine and ERW safety training and general safety Convention in 2008 at the 11th International training are complementary, and that mine and Meeting of National Mine Action Directors and UN ERW safety training tools are used as part of Advisers, the Ninth Meeting of States Parties to the security training in countries without mine action mine-ban treaty, the Second Conference of High coordination centres or a UN mine action Contracting Parties to Protocol V (see below), and presence. the discussions on cluster munitions in the Convention on Certain Conventional Weapons’ The Department of Safety and Security circulated Group of Governmental Experts. a landmine and ERW safety training DVD released by UNMAS in March 2007 throughout In collaboration with UNDP, UNICEF and UNOPS, the United Nations. UNMAS had intended to UNMAS organized a photo exhibition entitled work with the developers of the DVD at the “Rebuilding the lives of landmine victims in University of California at Los Angeles to produce Sudan” in the Palais des Nation in Geneva during it in languages other than English and make the the meeting on the mine-ban treaty. An opening product available on the Internet, but this effort ceremony featured speeches by the officer stalled due to a lack of funding. Subject to avail- in-charge of UNMAS, the Permanent able funding in 2009, UNMAS intends to publish Representative of Sudan and the representative the Landmine and Explosive Remnants of War Safety of the Director General of the United Nations Handbook in Arabic, French, Russian, Dari and in Geneva. Pashto. Photo: Arne Hodalic 16
  • 11. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 SHAPING POLICY AND LEGAL FRAMEWORKS FOR MINE ACTION Highlights Treaties Meeting of States Parties made decisions on 15 The Convention on Certain Conventional Weapons requests by states parties to extend clearance The Anti-Personnel Mine-Ban Treaty entered into a obligations under Article 5; many of them currently The 1980 Convention on Prohibitions or Restrictions new phase: Decisions were made on Article 5 Advocacy receive UN mine action support. This is the first time on the Use of Certain Conventional Weapons Which extension requests, and states parties started a meeting of states parties has undertaken this kind of May Be Deemed to Be Excessively Injurious or to preparation for the Second Review Conference to be held in Cartagena, Colombia from 30 November to 4 Mine action advocacy goals are woven into the action. It thus sets a precedent for similar requests in Have Indiscriminate Effects is also known as the December 2009. United Nations Inter-Agency Mine Action Strategy: the future. The meeting also decided that the Second Convention on Certain Conventional Weapons. 2006-2010. Advocacy remains a key pillar of mine Review Conference of the mine-ban treaty would be Two of its protocols are relevant to mine action: The international community took urgent action action in general. Most UNMAS activities related to held in Cartagena, Colombia, in 2009. Amended Protocol II on mines, booby traps and against the threats posed by cluster munitions with support from the United Nations. The Convention on legal frameworks for mine action, including those other devices, and Protocol V on ERW. Established Cluster Munitions was adopted in Dublin on 30 May in 2008, have an advocacy component. UNMAS To assist affected countries to understand their implementation mechanisms include regular and signed in Oslo on 3 December. strongly advocates for the universalization of Article 5 obligations for clearing and destroying meetings of states parties. As with the mine-ban The Convention on the Rights of Persons with existing legal frameworks, and encourages UN anti-personnel mines, the 11th International treaty, these two protocols provide UN mine action Disabilities entered into force on 3 May, providing an Member States to expand those regimes and Meeting of National Mine Action Directors and UN with effective guidance, as indicated in the UN appropriate framework for protecting the rights and develop new international standards to further Advisers organized a full session on this topic and a inter-agency policy. dignity of landmine and ERW survivors, and other protect civilians from the scourges of landmines and presentation by the Director of the Implementation persons with disabilities. ERW, as was the case with the Convention on Support Unit of the mine-ban treaty. In 2007, the Group of Governmental Experts was Significant progress occurred in integrating gender Cluster Munitions this year. In 2008, UNMAS also established to negotiate a proposal urgently to considerations into mine action: A stocktaking work- strongly advocated for the universalization of the At the inter-sessional meetings of states parties to address the humanitarian impacts of cluster muni- shop on good practices and lessons learned in Convention on the Rights of Persons with Disabilities the treaty in April and at the Ninth Meeting of States tions, while striking a balance between military and mainstreaming gender in mine action programmes as a framework for delivering victim assistance. Parties in November, UNMAS coordinated the humanitarian considerations, and to report on promoted a regional and nationally owned gender learning cycle. delivery of statements by UNMAT. It also coordinated progress made to the next meeting of the group in With funds from Italy, UNMAS in 2008 inputs from the United Nations to the Geneva November 2008. provided grants to the Italian Campaign to Progress Report, adopted by the meeting. The inputs Photo: Arne Hodalic Ban Landmines to support their advocacy and reflected the general contribution of UNMAT to the UNMAS participated actively in all meetings related awareness activities, as well as to Geneva Call for implementation of the treaty. UNMAS prepared to the convention in 2008, and coordinated the advocacy with non-state actors. reports on the inter-sessional meetings and the participation of and delivery of statements by Ninth Meeting of States Parties, and circulated them UNMAT at the meetings of states parties on to the IACG-MA. Amended Protocol II and Protocol V in November The Anti-Personnel Mine-Ban Treaty 2008. The main outcomes and achievements are In the field, UNMAS continued to assist programmes explained below. UNMAS continued to support universal ratification in complying with their obligations under the treaty, and full implementation of the Anti-Personnel including with the preparation of reports as required by The Sponsorship Programme to promote participa- Mine-Ban Treaty in 2008. This important framework Article 7, and with the development and execution of tion in convention-related meetings was fully imple- for mine action remains a key instrument for national mine action plans. Several states parties mented in 2008. The UNMAS Liaison Office promoting the achievement of UN strategic goals. responded to UNMAS demarches to encourage in Geneva served as an observer to the programme’s The year was crucial for the treaty. The Ninth the submission of Article 7 initial reports. Steering Committee. 18 19
  • 12. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 Explosive Remnants of War an ERW database for assistance and cooperation. tivating mechanisms, should not be fitted with UNMAT actively participated in this process and Together with the ICRC Physical Rehabilitation anti-handling devices, and should not have sensitive attended the Oslo Signature Conference on 3–4 Protocol V provides a framework for post-conflict Programme, UNMAS organized an event in Geneva fuses that allow explosion through contact by or in December. Meanwhile, a parallel process leading to remedial measures for unexploded and abandoned on victim assistance in the context of Protocol V. proximity to a person. the possible development of a legal instrument on explosive ordnance, as well as for generic and cluster munitions under the Convention on Certain voluntary prevention measures. So far, 48 countries Experts from the mine-ban treaty Implementation Conventional Weapons has also continued and been have agreed to be bound by Protocol V. In July 2008, Support Unit, the Office of the High Commissioner Universalization monitored closely by UNMAT. much in advance of the Second Conference of for Human Rights (OHCHR) and ICBL were invited to High Contracting Parties to Protocol V, the President- deliver presentations at the event, which informed In 2008, UNMAS actively supported UN regional Under the leadership of UNMAS, the IACG-MA designate (the Ambassador of Lithuania) undertook participants on the components of victim assistance seminars to promote the universality of the successfully contributed to the process that led informal consultations, appointed coordinators and widely supported aspects of this pillar. Convention on Certain Conventional Weapons, an states to adopt the Convention on Cluster Munitions. for specific items and chaired a group of experts. initiative of the Office for Disarmament Affairs In coordination with UNMAT members, UNMAS UNMAS will continue ensuring UN support for the financed by the European Union through a European is responding to the new treaty mandates and UNMAS participated in many of these consultations, implementation of Protocol V and the universaliza- Council joint action. With its own resources, UNMAS emerging realities on the ground by providing providing technical advice and inputs to the tion of the treaty in 2009. prepared and delivered presentations at all regional technical assistance and advice to initiatives coordinators on national reporting and an Article 4 seminars and chaired some of their sessions. aimed at destroying cluster munitions and stockpiles electronic template (initiated by UNMAS in 2006), Seminars were held in Santo Domingo, Lomé (two in countries beyond those in which it is currently victim assistance, generic prevention measures, and Mines Other Than Anti-Personnel Mines sub-regional seminars), Almaty, Rabat and operational. UNMAS is also preparing to provide Kathmandu. effective assistance and expert advice to the entity The UNMAS-coordinated statements of UNMAT to designated to serve as the secretariat for the states the Meeting of States Parties to the Convention on The universalization of the convention, particularly of parties to the convention. Certain Conventional Weapons and to the 10th Amended Protocol II and Protocol V, represents an Annual Conference of High Contracting Parties to important advocacy objective for UN mine action. UNMAS extensive knowledge of ERW helped it Amended Protocol II in November 2008 highlighted UNMAS plays a leading role in UNMAT in assisting to provide expert technical advice throughout 2008 the need to enhance existing international rules for the advocacy initiatives of other partners in both to the Oslo Process and to the discussions on anti-vehicle mines and other mines not categorized the IACG-MA. cluster munitions by the Convention on Certain as anti-personnel. These new rules could be Conventional Weapons’ Group of Governmental established either by amending Amended Protocol II Experts. This expert advice included the participation or through a new protocol to the convention. The The Legal Framework for Cluster Munitions: of the programme manager of the Mine Action statements also supported the proposal of the The Convention on Certain Conventional Coordination Centre-South Lebanon (MACC-SL), President of Amended Protocol II to establish an Weapons and the Oslo Process awarded for its achievements in cluster munitions informal open-ended group of experts to consider clearance, in all relevant meetings in 2008. matters arising from national reports and the Since the 2007 UNMAS Annual Report, much has development of technology. happened in the arena of cluster munitions. UN These inputs were commended and widely Member States supporting the Oslo Process on appreciated by delegations and participants in the The agreed position of UNMAT is that these mines cluster munitions met in Wellington (18–22 various processes. In particular, during the Oslo Photo: Arne Hodalic should be detectable by commonly available means, February) and in Dublin (19-30 May), where they Process, UNMAS support included clarifying the should be fitted with self-destructing and self-deac- adopted the Convention on Cluster Munitions. characteristics and effects of different kinds of 20 21
  • 13. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 sub-munitions, thus facilitating the identification provides post-conflict remedial measures and some In terms of participation, the Convention on Certain The Oslo Process of an adequate definition of cluster munitions and generic preventive measures of a non-legally bind- Conventional Weapons includes all major military sub-munitions that cause unacceptable harm ing nature. It does not outline restrictions on the use powers, and the main users and producers of cluster In 2006, the Norwegian Government announced to civilians. of any weapon, nor does it require cluster munitions. It may capture important states parties its intention to establish a new international munitions to achieve a low failure or “dud” rate. not participating in the Oslo Process. Fewer states process to agree on a treaty on cluster bombs. A During negotiations on cluster munitions under the Thus, it does not address the effects of cluster affected by cluster munitions are involved in the conference was convened in February 2007 in Convention on Certain Conventional Weapons, munitions at the time of use or the dangers for Convention on Certain Conventional Weapons Oslo, where 46 nations agreed to a declaration UNMAS actively engaged with country delegations, civilians caught in a cluster munitions attack. Cluster process, however. At the Group of Governmental committing to concluding a treaty banning either in session or on a bilateral basis, to inform munitions account for a high percentage of UXO Experts meeting held from 14-18 January 2008, cluster munitions in 2008. The group of states them about field-based technical inputs to consider in post-conflict areas. They require a more specific many delegations noted that the convention and the spearheading the Oslo Process has included when seeking a realistic definition of cluster legal regime than the one provided by Protocol V Oslo Process are complementary and mutually Austria, Ireland, Mexico, New Zealand, Norway munitions, and determining their post-conflict to address comprehensively all the problems reinforcing (as had been stated earlier by the UN and Peru. impacts on civilians versus their military utility. they cause. Secretary-General). Some argued that the Oslo Process should be supplementary to the work of the States that subscribed to the Wellington Declaration In 2008, states parties began to negotiate a propos- convention and recognize the military necessity of in February 2008 were able to participate in treaty The Convention on Certain Conventional al in the Group of Governmental Experts to address cluster munitions for certain states. negotiations at the Dublin Diplomatic Conference Weapons Process the humanitarian impacts of cluster munitions, while from 19 to 30 May. The Convention on Cluster balancing military and humanitarian considerations. Munitions was adopted by 107 states following The Convention on Certain Conventional Weapon At the April meeting of the group, an increasing negotiations there, and opened for signature in aims to protect military troops from inhumane number of delegates began referring to the final Oslo on 3 December. injuries and prevent civilians from being harmed by outcome of this process as a new protocol banning certain types of arms. When the original convention at least certain kinds of cluster munitions and The signing conference concluded on 4 December entered into force in December 1983, it applied to regulating the use of these weapons. with close to 100 state actions, including 94 incendiary weapons, mines and booby-traps, and signatures, 4 ratifications and 1 provisional weapons designed to injure through very small At the November meeting in Geneva, Chairperson application. The convention will be open for signa- fragments.1 Since then, states parties—now totaling Ambassador Wigotski of Denmark produced the text of ture at UN Headquarters in New York, until it enters 108—have added provisions to ban the use of a draft protocol on cluster munitions to serve as the basis into force after the 30th instrument of ratification is blinding laser weapons, and address lingering for negotiations. The group informed states parties that deposited. dangers posed by unexploded munitions and it did not conclude its negotiations on the text and abandoned explosive ordnance. Protocol V on ERW recommended additional negotiations in 2009 without There are 20 states that are not party to the was negotiated by the convention’s Group of prejudice to any present or future proposals. To date, Convention on Certain Conventional Weapons Governmental Experts in 2003 and adopted by this process has been less dynamic and ambitious than participating in the Oslo Process, making the meeting of states parties the same year. It that of the Oslo Process, which has negotiated a it a globally representative forum. Participants cover entered into force on 12 November 2006 legally binding treaty. The lack of agreement on a new all world regions and include representatives from and currently has 40 states parties. Although the protocolleavesthe Convention on Cluster Munitions as 19 producer states, 7 states that have used cluster protocol is a step towards reducing the impacts the only international instrument that specifically deals munitions, 34 states that have stockpiles Photo: Mark Craemer of unexploded sub-munitions, the instrument mainly with these weapons. and 11 states affected by the weapons. 22 23
  • 14. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 Similarities and Differences Between fewer than 10 explosive sub-munitions and those Alternatively, some states have sought exclusions by taining particular technical features should not be the Convention on Certain Conventional equipped with an electronic self-destruction or proposing that weapons with 10 or fewer defined as cluster munitions because they meet the Weapons and the Oslo Process self-deactivating mechanism. sub-munitions or weapons with sensor-fusing should humanitarian requirements that the Oslo Process not be considered cluster munitions at all.4 Yet these seeks to achieve. The UN common position on this issue, based on states have offered little proof as to how such Definitions its work on the ground, is that all cluster features would limit the humanitarian impact during munitions cause unacceptable harm to civilians or after attacks. In principle, exempted weapons fall UN Assessment Defining cluster munitions was critical for the and should be prohibited. under the definition of cluster munitions, whereas purpose of a ban, as this directly affects the clas- those excluded from the definition are not regarded Based on the experiences of UN agencies, all cluster sification of weapons and the designation of as cluster munitions for the purpose of a specific munitions used so far, and those that are stockpiled, exemptions or exceptions. Before 2008, there Exemptions vs. Exclusions instrument. cause unacceptable harm to civilians. was no universally agreed-upon definition. Generally, any weapon that releases multiple Some states, particularly those that produce cluster explosive sub-munitions may be considered a bombs, have called for exemptions that will permit Restriction vs. Total Ban Interoperability form of cluster munitions. them to keep some of their own weapons systems. Those seeking exemptions from a ban argue that the This matter is closely tied to the issue of definitions, Interoperability, like the definitions of cluster muni- In defining cluster munitions that have caused most modern bomblets have self-destruct systems, since some states that are not signatories of the tions, has been an issue that received much extensive humanitarian problems, the ICRC uses which are designed to eliminate the long-term risk to Convention on Cluster Munitions may be able to attention during the Oslo Process meetings. The the terms “inaccurate” and “unreliable.” Specific civilians if they fail to detonate. avoid regulation if a particular type of weapon United Nations consulted with its Office of Legal factors that could be included in defining escapes classification as prohibited. The different Affairs on the implications of a possible cluster weapons are: dud rates/failure to detonate upon Photo: Mark Craemer positions are briefly outlined below: munitions treaty, asking if the convention raised impact, inaccuracy, malfunctioning, the number issues of interoperability for UN operations—for of sub-munitions and the ability to be targeted example, a situation in which a state party partici- accurately. 3 Convention on Certain Conventional Weapons Process pates in a UN peacekeeping operation or other authorized |operation together with states that are The development of a definition for cluster muni- Restriction on use will focus on failure and reliability not party to the convention, and which use or trans- tions was pivotal in the negotiations of the thresholds or rates to limit the use of cluster fer cluster munitions in that operation. The outcome Convention on Cluster Munitions. In Dublin, munitions that are more likely to cause humanitarian of the discussion was that the United Nations was states parties were able to determine which harm. not in a position to interpret the provisions of the weapons pose humanitarian problems and which convention or an individual state’s obligations. possess characteristics that warrant exclusion or Rather, it is up to the state party to “decide whether exemptions from the ban. Article 2 of the conven- Oslo Process their mere participation in the operation (hypothet- tion defines cluster munitions as “a conventional ically using cluster munitions) would be in violation munition that is designed to disperse or release It advocated for a total ban on cluster bombs that of their treaty obligations not to ‘assist,’ ‘encourage’ explosive sub-munitions each weighing less than cause unacceptable harm to civilians. The or ‘induce’ such use. The operation, however, would 20 kilograms, and includes those explosive sub- Government of Norway expressed the notion that not be considered to be in violation of any munitions.” It excludes, inter alia, weapons with weapons capable of engaging point targets and con- international law principle if the use of cluster 24 25
  • 15. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 ?munitions was otherwise lawful.” At the Stockpile Destruction and Transition Periods marking of ERW, mine risk education and victim participating in the Oslo Process in favor of the Wellington Conference in February 2008, a assistance—and international cooperation and Convention on Certain Conventional Weapons.2 group of like-minded states emerged and Convention on Certain Conventional Weapons process: assistance. Some countries together with the expressed their concerns about interoperability One advantage of this process is that it captures ICRC have called for the addition of victim assis- with regard to joint operations with states not the major users and/or producers of cluster muni- tance provisions in a new protocol, while others Promoting the Rights of Persons party to the convention. Some countries tions, a number of which are not participating in the prefer not to see victim assistance provisions with Disabilities advocated for the inclusion of language that Oslo Process. But some proposals have included a repeated in a new protocol. would enable them to participate in the joint transition period during which states can continue The Convention on the Rights of Persons with planning or execution of military activities with to use, with certain limitations, any cluster muni- Oslo Process: For clearance and risk mitigation Disabilities and its Optional Protocol were opened states that are not parties, and that engage in tions they choose, even outdated ones with high activities, the Convention on Cluster Munitions for signature on 30 March 2007. The convention activities prohibited under the new convention. dud rates. instructs states parties to take into account inter- entered into force on 3 May 2008, and by the end of The possibility of states introducing reservations national standards, including the International 2008, some 42 states had ratified it, including some to the convention on this issue was discussed. Oslo Process: Transition has been a contentious issue Mine Action Standards (IMAS). Mine action affected by landmines and/or ERW. Twenty-five The subject remained unresolved at the during negotiations. Some countries have proposed a is nevertheless comprehensively addressed by states had ratified the Optional Protocol. The conclusion of the Wellington Conference. transition period allowing continued use of the the convention. convention provides explicit guidance to countries weapons for years after they have been banned. At affected by landmines and ERW regarding the rights The Wellington Declaration introduced language the Wellington Conference, a number of states pro- of survivors. It will help states fulfil victim assistance to accommodate the divergent views of posed transition periods for the entry into force of Next Steps obligations pursuant to Article 6 of the mine-ban delegations on this and other issues. Signed by specific obligations restricting the use, development, treaty and Article 8 of Protocol V of the Convention 82 states, it affirmed the objective of concluding production, acquisition, retention and transfer of the The successful conclusion of the Oslo Process at on Certain Conventional Weapons. In addition, at the Dublin conference a legally binding prohibited cluster munitions. the Dublin Diplomatic Conference put added Article 5 of the new Convention on Cluster international instrument prohibiting cluster pressure on states participating in the Munitions contains victim-assistance-related obliga- munitions that cause unacceptable harm to At the Dublin conference, proposals for transition Convention on Certain Conventional Weapons to tions along with the principle of non-discrimination civilians. The declaration was signed by a periods allowing states to use the weapons for reach a new accord by the November 2008 meet- against victims—including those who are not cluster number of the like-minded countries, but some between 7 and 12 years were quashed by affected ing of states parties.6 The meeting did not reach a munitions victims. UNMAS participated in the first expressed disappointment at the “lack of trans- states. Stockpiles of existing weapons must be decision on a protocol on cluster munitions, how- session of the Conference of the States Parties to the parency” in the management of the Oslo destroyed within 8 years.3 ever, indicating how polarizing the issue is. The Convention on the Rights of Persons with Disabilities Process. Interoperability, transition periods, Group of Governmental Experts on cluster muni- from 31 October to 3 November 2008 in New York. definitions, deadlines for stockpile destruction, tions will continue its negotiations in 2009. and retention of cluster munitions for training Clearance and Risk Mitigation, Victim Assistance and Although an agreement is unlikely to result in UNMAS, as the DPKO representative in the Inter- and research purposes were the key issues that International Cooperation a limitation on cluster munitions that is as Agency Support Group (IASG) on the Convention on arose in the Committee of the Whole during the comprehensive as that negotiated under the Oslo the Rights of Persons with Disabilities, participated Dublin conference, 5 with some countries citing Convention on Certain Conventional Weapons Process, many hope that a legal instrument, in the second meeting of the group, held in Geneva interoperability concerns to justify non-signa- process: Many delegations stressed the impor- possibly of a more technical nature than the on 19-20 June. It prepared a report on DPKO ture of the convention. Interoperability has not tance of linking a new protocol on cluster muni- Convention on Cluster Munitions, will be developments related to the convention, which was been addressed by the Convention on Certain tions to Protocol V with regard to provisions on negotiated by cluster munitions stockpilers and submitted during the meeting. The IASG was estab- Conventional Weapons process. mine action activities—such as clearance and producers, since they have largely refrained from lished to promote and assist in the implementation 26 27