Policy

The Kingdom of Denmark signed the Mine Ban Treaty on 4 December 1997 and ratified it on 8 June 1998, becoming a State Party on 1 March 1999. No additional legal or administrative measures were deemed necessary for national implementation of the treaty beyond ratification.

Denmark submitted its 15^th Mine Ban Treaty Article 7 report in March 2011.

Denmark attended the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, as well as the intersessional Standing Committee meetings in June 2011.

Denmark is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines, and submitted its Article 13 report on 29 September 2011. Denmark is also party to the CCW Protocol V on explosive remnants of war.

Production, transfer, stockpiling, and retention

Denmark has stated that production of antipersonnel mines ceased in the 1950s, and that it has never exported antipersonnel mines. The types and quantities produced have not been revealed.[1] Import of antipersonnel mines ceased in 1990.[2]

Stockpile destruction of 266,517 mines was completed in December 1999, well in advance of the treaty deadline of 1 March 2003. Denmark initially retained 4,991 mines for training and research, but this number was reduced to 2,091 in August 2000. In its Article 7 report submitted in 2011, Denmark reported that it retained 1,893 mines for training as of 31 March 2011.[3] These mines are used for “research and development by Danish Defence Research Establishment,” and for training in mine detection.[4]

Denmark’s Article 7 reports have not included the M18A1 Claymore mines and FFV013 Claymore-type mines previously acknowledged to be in stock. The Ministry of Defense stated that these mines have all been modified to command-detonated mode, and are now treated and used only as an “area defense weapon” by the Army (M18A1) and the Air Force (FFV013).[5]

Commitment to the Convention on Cluster Munitions

Policy

The Kingdom of Denmark signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 12 February 2010. It was thus was among the first 30 ratifications to trigger entry into force of the convention on 1 August 2010. [1]

Denmark submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011 for calendar year 2010. Under national implementation measures, it stated that “a review of existing Danish legislation has proven it unnecessary for Denmark to take national legal measures to implement” the Convention on Cluster Munitions.[2] The 2009 parliamentary motion approving ratification of the convention states that the convention’s provisions can be upheld without changes to existing Danish laws, and that penal sanctions for violations of the convention are imposed under the Military Penal Code.[3]

Denmark also reported that its Defense Command had issued a letter to subordinate commands noting the entry into force of the convention and providing instructions on immediate steps to be taken to implement the convention.[4]

Denmark participated in the Oslo Process that created the convention and its position shifted significantly to the point that it was able to adopt the convention at the conclusion of the negotiations in Dublin in May 2008.[5] Denmark has continued to engage in the work of the convention in 2010 and the first half of 2011. It participated in the First Meeting of States Parties to the Convention on Cluster Munitions in Vientiane, Lao PDR in November 2010, where it pledged to continue to provide significant funding to mine action and provided information on its stockpile of cluster munitions (see Use, production, transfer, and stockpiling section below).[6]

Denmark also participated in the first intersessional meetings of the convention in Geneva in June 2011. Denmark did not make a national statement, but associated itself with the statement made by the European Union (EU).[7]

Denmark worked to secure the April 2011 statement by the EU condemning the use of cluster munitions in Libya by Gaddafi forces.[8]

Interpretive issues

Denmark has yet to make known its views on several issues important to the interpretation and implementation of the convention, including the prohibition on transit and the prohibition on foreign stockpiling of cluster munitions.

Denmark’s ratification instrument provides the following statement on the prohibition on assistance with prohibited acts during joint military operations: “Article 21 contains a significant provision for States Parties to be allowed to cooperate with states not party to the Convention (interoperability). Regardless of the broad wording of the ban in Article 1, States Parties may continue to participate in military cooperation and operations with States not party to the Convention. However, this access is not unlimited, as a State Party is never allowed to develop or acquire cluster munitions or explicitly request support in the form of cluster munitions in a situation where the State Party has an exclusive control over the choice of the ammunition.”[9]

In January 2011, Denmark reported that its Defense Command had issued instructions to subordinates that stipulated “limitations on the possibility to co-operate with nations who have not signed the convention.”[10]

Disinvestment

For several years Danish NGOs have been calling for Danish financial institutions to stop investing in companies that produce cluster munitions; and in 2009 a motion was submitted for a ban on investment in cluster munition production.[11]

During a parliamentary debate on 13 January 2010, the Danish government expressed its opposition to a prohibition on investment in cluster munition producing companies.[12] On 11 January 2010, the Ministry of Economic and Business Affairs stated that mandatory regulation of investment could limit voluntary engagement by investors and a ban on investment in cluster munitions producers could affect the ability of Danish companies to follow UN Principles for Responsible Investment and active ownership.[13]

In September 2010, the Ministry of Economics and Business Affairs published a “Guide on Responsible Investment” based on the UN Principles for Responsible Investment.[14] According to the Guide, the prohibition of certain investments as a starting point is a bad idea. Instead, the government believes that the most effective means to promote social responsibility and sustainability in investments is through the exclusive relationship between investors and company management. The Guide also states that mandatory disinvestment is an “emergency solution” reflecting “the lack of success of the investors in contributing to sustainable development via their investments.”[15]

In its Article 7 report, Denmark stated that UN Principles for Responsible Investment and the Danish Guide on Responsible Investment “demand all investors to respect international norms and conventions” such as the Convention on Cluster Munitions.[16]

As of September 2010, 24 Danish investors had signed the UN Principles for Responsible Investment, an increase from four investors in 2008.[17] A May 2011 report by NGOs IKV Pax Christi and Netwerk Vlaanderen praised four Danish financial institutions for their measures to ban investments in cluster munition producers.[18]

Convention on Conventional Weapons

Denmark is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. In the past, Denmark has been a staunch supporter of CCW work on cluster munitions, and served as the chair of the deliberations in 2008. Denmark has continued to engage in CCW deliberations on cluster munitions, but has rarely made its views known on the draft text under discussion. In February 2011, it joined five other countries in support of a proposal to consider a ban on transfers of cluster munitions.[19]

In June 2011, Danish officials confirmed Denmark’s continued support for the CCW process on cluster munitions, but stated the outcome should not compromise commitments undertaken by countries that have joined the Convention on Cluster Munitions.[20]

Use, production, transfer, and stockpiling

Denmark is not known to have produced, used, or exported cluster munitions.

In its Article 7 report, Denmark declared a stockpile of 42,020 cluster munitions containing 2,440,940 submunitions. Denmark reported three types of cluster munitions: DM642 artillery projectiles, DM662 artillery projectiles, and MK20 Rockeye cluster bombs.

Cluster munitions stockpiled by Denmark (as of January 2011)[21]

In November 2009, Denmark reported stockpiling approximately 300 M26 cluster munitions.[22] These were not included in the Article 7 report as they are not in the Danish inventory. In July 2011, a Danish official explained that the “M26 rockets were ordered, but were never delivered to Denmark before the contract were cancelled.”[23]

Denmark has confirmed that its Defense Command has issued instructions that existing stockpiles of cluster munitions could not be used in military operations, must be separated from operational munitions in storage depots, and should be clearly marked for destruction. The Defense Command has also issued instructions that existing stockpiles of munitions prohibited by the convention cannot be transferred, except for “limited amounts of munitions to be used for training purposes” which “should be thoroughly documented.” [24]

In its Article 7 report, Denmark stated that in 2011 its Defense Command will prepare a plan for stockpile destruction.[25] In June 2011, Danish officials said that Denmark intends to present a plan for the destruction of its cluster munition stockpile during the Second Meeting of States Parties in September 2011.[26]

Previously, in 2009, Denmark estimated that destruction of the DM642 and DM662 cluster munitions would cost approximately DKK5,000–6,000 (US$933–1,120) per munition, or approximately DKK210 million–250 million ($39.2 million–46.7 million) total. It estimated it would cost approximately DKK15 million ($2.8 million) to destroy “all manufactured parts” for Multiple Launch Rocket System cluster munitions.[27]

Retention

At the First Meeting of States Parties in November 2010, Denmark announced that it planned to retain 170 cluster munitions for the training of explosive ordnance disposal (EOD) personnel.[28]

In its January 2011 Article 7 report, however, Denmark stated that the types and quantities of retained cluster munitions was “To Be Determined.”[29] It stated that in 2011 the Defence Command would identify cluster munitions to be retained for training and educational purposes of EOD personnel.[30]

In June 2011, a Ministry of Defense official said that the Danish Defense Forces were in the process of identifying the quantity and types of cluster munitions that it considered necessary to retain for training of EOD teams, and that this information would be included in the stockpile destruction plan to be issued in advance of the Second Meeting of States Parties in September 2011.[31]

Previously, in November 2009, Denmark indicated that it intends to retain some Rockeye cluster bombs.[32]

Contamination and Impact

Mines

Denmark is affected by antipersonnel mines left from World War II. In 1944, the entire Skallingen Peninsula in Jutland on the Danish west coast was mined with antipersonnel and antitank mines.[1] One minefield remains on the peninsula. In 1945–1947, large parts of the minefield were cleared, but due to significant difficulties with the clearance and quality control of mainly dune and salt marsh areas, a part of the mined area was fenced and left uncleared.[2]

The affected area of the Skallingen Peninsula, as of entry into force of the Mine Ban Treaty for Denmark on 1 March 1999, comprised a total of 1.86km², initially identified from German mine records as well as markings established by mine clearance teams in 1947. For operational purposes the suspected mined area was divided into three areas: 1, 2, and 3. The first two areas were cleared by contractors in 2006–2008, leaving Area 3 to be demined.[3]

As a result of these demining operations, the suspected hazardous area of Area 3 was 1.2km² as of November 2008. Subsequent “terrain analysis” resulted in the size of the suspected area rising slightly to 1.246km² as of May 2009.[4] In November 2009, Denmark announced that all wooden and fragmentation mines in areas frequently flooded in Area 3 had been rendered inoperable as a result of chemical reactions in the detonators caused by salty water.[5]

In September 2010, Denmark reported that the remaining mined area was 1.212km², divided into five different terrain types: 92,000m² of dune or dyke; 66,000m² of marshland covered with dunes; 683,000m² of frequently flooded low marshland; 291,000m² of high marshland; and 80,000m² of beach.[6] Following the initiation of clearance operations in July 2010 in Area 3, Denmark reported that as of June 2011, 310,000m² remained to be released.[7]

No incidents from mines on Skallingen have been reported since 1946. No casualties were reported in the clearance operations in 2006–2008. The entire area—then almost 3km²—was surrounded by a new fence in 2005.[8] The socio-economic impact of the remaining minefield on Skallingen is said to be insignificant.[9] Denmark has stated that, “Although tourists cannot walk to the south end of Skallingen, small boats from Esbjerg cannot land there and hunters cannot hunt in the area concerned, none of this has any economic implication on the local community.”[10] According to Denmark, the environmental impact of the minefield is mainly positive due to restricted human access, although mine clearance will have some temporary negative impact on the environment, especially for the rare birds that have colonized the peninsula.[11] The salt meadows are said to still show signs and scars of the mine clearance carried out in the 1940s.[12]

Cluster munition remnants and other explosive remnants of war

There are no cluster munitions remnants on the Skallingen peninsula and there are believed to be few items of unexploded ordnance remaining.

Mine Action Program

The Ministry of Transport is responsible for clearance activities on Skallingen. The project is organized under the Danish Coastal Authority, which has the power to task and coordinate civil contractors and manage projects.[13]

Land Release

No land release took place in 2009 and no antipersonnel mines were reported to have been destroyed.[14] So-called terrain analysis resulted in the size of the suspected area rising slightly from 1.2km² as of November 2008 to 1.246km² as of May 2009.[15] In its Mine Ban Treaty Article 7 report for the period 1 April 2010 through 31 March 2011, Denmark reported no destruction of any antipersonnel mines,[16] although the contractor that won the tender for completing mine clearance at Skallingen—Damasec J.Jensen Group, a Danish consortium consisting of the two companies Damasec and J. Jensen—initiated operations in July 2010.[17]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty and in accordance with its 2008 extension request, which was granted by the Ninth Meeting of States Parties in November 2008, Denmark is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 January 2011. At the Second Review Conference, Denmark said it remained “fully committed” to complying with all its obligations under Article 5.[18]

In March 2008, Denmark presented a first request for an extension to its Article 5 deadline,[19] but did not specify the period it was seeking, a treaty requirement. Denmark subsequently presented a revised request seeking an initial extension of 22 months until 1 January 2011.[20] This period was intended to be used primarily to determine the time needed to complete clearance operations. In October 2008, Denmark declared its plan to submit an additional extension request in mid-2010 for consideration at the Tenth Meeting of States Parties.[21]

In May 2009, Denmark announced that the next steps in the demining of Area 3 were to conduct an Environmental Impact Assessment, to specify clearance standards and methods, and to develop a clearance plan. As the area “is designated as a specially protected nature and wildlife area under both the Ramsar Convention on Wetlands and the European Union’s Birds and Habitats Directives,” Denmark stated that, “…a public consultation process of relevant interested parties has to be carried out.”[22] Previously, Denmark had claimed that it might be impossible to demine the salt meadows without causing serious deterioration, which “is probably not compatible with the rules of the Habitats Directive and RAMSAR Convention.”[23]

In November 2009, Denmark announced that DKK114 million (approximately US$21.3 million) had been jointly allocated for clearance on Skallingen and underwater demining in 2010–2011.[24] At the Second Review Conference of the Mine Ban Treaty, Denmark stated that it had recently issued a commercial tender note, with demining of the remaining area expected to commence in July 2010.[25] The project manager within the Danish Coastal Authority expected that clearance operations would take up to two years, although this was subject to addressing the relevant environmental considerations and finding a contractor who could conduct the necessary work within the available budget.[26]

On 18 June 2010, Denmark submitted a second extension request, seeking an additional 18 months through July 2012 to enable it to complete mine clearance operations.[27] On 22 June 2010, in its presentation of the request to the Standing Committee on Mine Clearance, Denmark stated that a clearance contractor had been identified in a competitive tender process in May 2010 and that mine clearance would commence by 1 July. It further stated that the contractor had been “given until the end of 2011 to complete the clearance. We have then added a six months buffer-period to allow weather-caused delays as well as to complete quality control of the area. Consequentially, Denmark will be able to release the area at latest by 1 of July 2012.”[28]

In December 2010, the Tenth Meeting of States Parties granted Denmark’s request for a second extension to its Article 5 deadline, until 1 July 2012.[29] In granting the request, the Meeting noted that Denmark had “complied with the commitments it had made, as recorded in the decisions of the Ninth Meeting of States Parties, to obtain clarity regarding the remaining challenge, produce a detailed plan and submit a second extension request.” It noted that this affirmed “the importance of a State Party, should it find itself in a situation similar to that of Denmark in 2008, requesting only the period of time necessary to assess relevant facts and develop a meaningful forward looking plan based on these facts.”[30]

In June 2011, Denmark reiterated that it was fully committed to the implementation of Article 5. It stated that there were 310,000m² still to clear and again affirmed that the remaining area would be cleared by July 2012. It noted, however, that clearing the dunes has been “challenging.” The contractor engaged for clearance had been expected to complete clearance by May 2011, but this was now not expected to be before the end of the year. If possible, the area would be released earlier than July 2012.[31]

Quality management

Denmark has developed standards for clearance on Skallingen based on the International Mine Action Standards (IMAS). Denmark stated that prior to the clearance of Area 3, its standards would be “reviewed and reformulated so they address the situation in the new area of operation while remaining IMAS compliant.”[32]

Clearance operations are also subject to an “extensive quality management system,” which includes samples of cleared areas as a final quality control.[33]

National

In 2010 the Ministry of Transport expended DKK32.1 million (US$5,705,044) for mine clearance operations in Skallingen.[1] In 2009 and 2010 its combined expenditures were DKK35,760,623 ($6,388,328).[2] Denmark has committed DKK98,000,000 ($17,417,268) for 2010–2012 to complete Phase 3 of the plan to clear Skallingen of all mines.[3]

International

In 2010 Denmark contributed DKK57,506,382 (US$10,220,449) in mine action funding.[4] As in 2009, the largest contribution went to Afghanistan (DKK15,000,000/$2,665,908), with two additional countries (Sri Lanka and the Democratic Republic of the Congo) receiving over $1 million each.

In addition to global funding, Denmark provided support to eight states, through two organizations, and one trust fund—the UN Voluntary Trust Fund for Assistance in Mine Action (UNVTF).[5]

Contributions by recipient: 2010

Denmark allocated the majority (81%) of its mine action support in 2010 for clearance activities.

Contributions by thematic sector: 2010

Of the total funds provided, the vast majority (98%) were allocated for activities where no differentiation was made between landmine and cluster munition related activities;   2% of funds were allocated for activities related to landmines.

Mine and cluster munition related contributions: 2010

Denmark’s Department for Security Policy within the Ministry of Foreign Affairs allocated all international support for mine action.

Denmark’s contribution for mine action in 2010 decreased by 9% from 2009. From 2006–2010 Denmark’s contribution for mine action totaled DKK343.82 million ($62.63 million), with an annual contribution averaging DKK68,764,239 ($12,525,772).

Summary of contributions: 2006–2010[6]

N/A = not applicable