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Monday, April 11, 2011 Mine Ban Treaty: Sri Lanka making steady progress 5 Apr 2011 - 09:08 International Day for Mine Awareness and Assistance in Mine Action on April 04In the recent history of Sri Lanka has ended its longest war with the Liberation Tiger of Tamil Elam (LTTE), which lasted for nearly three decades up until 2009. Ended war claimed many human lives, people got permanently and partially disabled, mentally traumatized, destroyed man made properties and to greater extent environment and animals destroyed and sufferedWar has ended virtually but indirectly conflict had left another battle for human to fight with the land for at least coming ten years with the hidden enemy underground of the North and East of Sri Lanka. This shows the bitterness of the conflict and it had left with over a million (estimated 1.3 million to be unearth) of landmines in the North and East of Sri Lanka according to the strategy paper of ‘The National Strategy for Mine Action in Sri Lanka’, by the Economic Development Ministry.The Government of Sri Lanka and the international community working tirelessly to clear the land which is contaminated with landmines in the North and East from 2002 onwards. Soon after the war ended in 2009 de-mining became one of the main priority for the government and the international community in the context of efforts to resettle the displaced people and carrying out the development projects. End of the war, as all know that using and laying landmines are over in Sri Lanka.The most importantly Sri Lanka never produced or exported antipersonnel mines, with the exception of LTTE produced and used them. Now, Sri Lanka is making progress towards banning landmines in the country and its commitment to acceding to the Mine Ban Treaty. This will guarantee that landmines will not be possessed by or used in future of Sri Lanka. ‘The Ottawa Treaty’ or ‘Mine Ban Treaty’, formally the Convention on the Prohibition of the use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, completely bans all anti-personnel landmines. National mine action program in Sri Lanka In 2002 National Mine Action Program was initiated with the support of UNDP, UNICEF, INGOs and with several donor countries with the goal of creating a mine and explosive remnants of war (ERW) free environment and in support of the resettlement and development programs of the Government of Sri Lanka. National Mine Action Program address the five pillars of mine action in Sri Lanka, including survey and clearance work, mine risk education (MRE), victim assistance, stockpile destruction and advocacy.Soon after nearly three decade of war in 2009 May, Sri Lanka had to resettle of approximately 300,000 of internally displaced people (IDPs) in the North; today, only less than 20,000 IDPs remains to be resettled. Compared to programs such other countries, Sri Lanka, has done a remarkable job of resettlement. One of main obstacles resulting in some delay for the resettlement program was mainly due to the landmines which were contaminated in the resettlement lands.Otherwise, all IDPs could have been resettled sometime back. Sri Lanka’s de-mining program carried out by the Sri Lanka Army Humanitarian De-mining Unit (HDU), International INGOs and Local NGOs (nine organizations) operate in the North and East of Sri Lanka. According to the ‘National Strategy for Mine Action in Sri Lanka 2010’ Sri Lanka will have to maintain the current level of de-mining for coming ten years to clear the entire land of the North and East. De-mining work is high cost, high risk and time consuming; it’s a painstaking work process as compared to other activities. Government commitment Sri Lankan Government has taken a bold decision towards the Mine Action Program as a national priority and with a setting up of National Mine Action Centre (NMAC).In early 2010 NMAC officially approved by the Cabinet decision and which will gradually take over of full responsibility for the coordination of mine action, has been set up with the support of UNDP. NMAC operates under Economic Development Ministry.‘The National Strategy for Mine Action in Sri Lanka - 2010’ states its commitments and objectives in the banning of landmines in Sri Lanka. Section 8.10 is entitled: Advocate for the respect for international humanitarian law norms, particularly regarding the antipersonnel mine ban convention and the convention on the rights of people with disability.Sri Lanka is neither a States Party to the Anti-Personnel Mine Ban Convention (APMBC) nor a signatory of Convention on Conventional Weapons (CCW) Protocol V (Sri Lanka is signatory of the Convention on Conventional Weapons (CCW) and has signed Amended Protocol II on landmines and booby-traps but not Protocol V on ERW. Sri Lanka has never submitted an annual Article) Sri Lanka is also not Party to the Cluster Munitions Convention.By disseminating public information on the risks of explosive devices it is aimed to reach the public of Sri Lanka and in this context to advocate for a ban of landmines and cluster munitions; additionally, the importance of CCW Protocol V on ERW will be highlighted as part of advocacy initiatives.The Sri Lankan Security Forces and relevant Government authorities will be specifically targeted. Advocacy will also focus on the need to hand over and destroy any mines that remain in the control of any para-military group, as well as on the ban to the use of trap-guns causing indiscriminate harm to civilians and wildlife.Key-pillars An advocacy forum was in place and produced considerable results from 2003 to 2006. Attempts to launch a new Sri Lanka campaign to ban landmines have resulted in some impressive events. However, a campaign as such has not been launched by mid 2010.Victim assistance is one of the key-pillars in mine action but it is the weakest of the five, not only in Sri Lanka. Advocacy needs to highlight the need for increased victim assistance and should be linked to the Convention of the Rights of People with Disability. Sri Lanka has signed the Convention in 2007 but to date did not ratify it. Disability is under the purview of Social Services Ministry while the Healthcare and Nutrition Ministry as well as the Education Ministry play important complimentary roles.NMAC shall pursue following objectives;a. Establish a public information capacity to ensure that information on the risks of explosive devices has reached the public of Sri Lanka and to continue to help to advocate for a ban of landmines and cluster munitions as well as a domestic ban of trap guns.The general public should know about the mine/ERW situation and the mine action program in Sri Lanka. This information and a risk education campaign should be linked to advocating for the respect for international humanitarian law norms, particularly regarding the Anti-personnel Mine Ban Convention and the Convention on the Rights of People with Disability.With regard to the advocacy for the ban of landmines a coordinated approach on various levels from grass roots to senior decision makers including Government bodies, the Security Forces and Civil Society Groups needs to be revived.Activities on and around April 4, the International Day for Mine Awareness and Assistance in Mine Action, should be used to raise national and international attention to the landmine related issues in Sri Lanka. Media campaign A media campaign should be planned to raise awareness on the landmine threat in Sri Lanka, the response undertaken through mine action, the needs of people with disability including landmine victims and on advocacy for adopting the Ottawa Convention and other related legal instruments.b. Advocate to the relevant bodies in the Government of Sri Lanka to provide reports to show full transparency.Sri Lanka is part of the CCW and its Protocol II but is yet to produce its first transparency report (report to the Annual Conference of State Parties to the protocol. Art.13).Sri Lanka produced a voluntary transparency report for the Anti-personnel Mine Ban Convention state parties in 2005 sharing available information on anti-personnel mines and known contamination and numbers of casualties. However, at the time data on stockpiles was not revealed.The Foreign Affairs Ministry and its relevant UN division should be fully supported to produce relevant reports in a timely manner and a permanent mechanism emplaced to fulfill reporting requirements.Mine Ban Treaty Sri Lanka’s Army Commander stressed his views on banning landmines in Sri Lanka at the seminar on ‘International law and landmine and explosive remnants of war’ held in Colombo on October 27, 2009. He said:“(We are) Poised to realize the vision of President Mahinda Rajapaksa, which is also the dream of each and every citizen of Sri Lanka.We have to think, and act as one people, one nation to achieve lasting peace and stability in our country. In reaching towards our goal, I wish to thank the organizers of this seminar for the timely initiative taken by them to familiarize the key stakeholders in the Government regarding the Anti-personnel Mine Convention, and other related instruments such as the CCW Convention Protocol II on Mines and the Convention on Cluster Munitions, enhanced awareness and knowledge of these instruments, I am sure would contribute positively towards the stabilization process.”“The common theme linking all these above instruments is the humanitarian consideration arising from indiscriminate use where victims are concerned. As an example, it is well-known that the anti-personnel mines are considered ‘victim activated weapons’. This means that the use of the weapon is triggered by the victim and not by the aggressor.This has far reaching implications of a humanitarian nature. In the current post-conflict phase in Sri Lanka, it is timely that we focus our attention on the international legal instruments that limit or ban certain weapons based on humanitarian grounds”.“The Sri Lanka Army in its operational role in the last three decades have witnessed the terrible human cost of their indiscriminate use by the LTTE resulting in loss of life and limbs causing untold suffering to innocent civilians.I am sure that each one of us are eagerly looking forward to the day that our Island Nation would be a mine free country, which I am sure is within our grasp and we do certainly hope such day would dawn in the near future”. (Daily News, October 28, 2009).According to above statement he has clearly identified and extends his fullest support towards acceding to the Mine Ban Treaty.The Security Forces know how dangerous this weapon is and during war time members of Security Forces got killed and injured. Since the 1980s, there were total of 21,993 landmine casualties, including 1,419 civilian returnees according to the International Campaign to Ban Landmines (ICBL).According to UNICEF, landmines and unexploded ordnance violate nearly all the article of the Convention of the Rights of the Child (CRC): a child’s right to life, to a safer environment in which to play, to health, clean water, sanitary conditions and adequate education. Nobody will oppose the ban of this weapon in Sri Lanka and landmine is a morally outlawed weapon and should never use again. Sri Lanka and the Treaty According to the latest Landmine Monitor report of the ICBL, “Sri Lanka’s Government has voted in favour of the annual United Nations General Assembly (UNGA) Resolution calling for universalization of the Mine Ban Treaty, UNGA Resolution 63-42, on December 2, 2008, as it has for every annual pro-ban General Assembly resolution since 1996”.Further, Sri Lanka provided voluntary article 7 report in 2005. It subsequently indicated it would provide an update, but has not yet done so. In December 2008, an official told the ICBL that due to the security situation and other priorities, Sri Lanka was not in a position to provide an update, but would endeavour to submit a report, including information on stockpiles during 2009. Future generations There are one hundred and fifty (State parties) that have acceded to the Mine Ban Treaty, including Iraq and Afghanistan where conflicts are sporadic and protracted. Only 39 countries (States not parties) including Sri Lanka, have not according to ICBL. The people of Sri Lanka will join hands with the Army Commander in stressing that each one of us eagerly looks forward to the day when the island nation will be a mine free country; it is within our grasp, and we certainly hope that such a day will dawn soon. This will guarantee country without landmines for Sri Lanka’s future generations.Courtesy: Dailynews Print E-Mail Article