Myanmar_Burma

Mine Ban Policy

Last updated: 16 November 2016

Policy

The Republic of the Union of Myanmar has not acceded to the Mine Ban Treaty.[1]

Myanmar has expressed support for the Mine Ban Treaty, but has not taken steps to accede to it.

In September 2016, Deputy Minister of Defense Major General Myint Nwe informed the Myanmar parliament that the army continues to use landmines in internal armed conflict.[2] At the same session, a Member of Parliament from Shan State stated that “it can’t be denied that non-state armed groups are also using landmines…particularly since 2012.”[3]

Previously, in July 2012, Minister of Foreign Affairs U Wunna Maung Lwin stated that Myanmar was considering accession to the Mine Ban Treaty and it was reported that the government was no longer using landmines.[4] But in November 2012, at the Association of South-East Asian Nations (ASEAN) summit President Thein Sein stated, “I believe that for defence purpose, we need to use landmines in order to safeguard the life and property of people and self-defence.”[5]

In June 2016, a senior leader of the National League for Democracy, the party in the civil government, told the Monitor that the party’s policy supports a ban on landmines. He noted that they had previously committed to this policy and that they intend to keep that promise.[6]

Despite not joining, Myanmar has participated in several Meetings of States Parties of the Mine Ban Treaty as an observer, including in 2013, 2012, 2011, 2006, and in 2003. It first participated in intersessional meetings of the treaty in Geneva in May 2013 and again in April 2014. However, Myanmar did not participate in the convention’s Third Review Conference in June 2014 or its Fourteenth Meeting of States Parties held in Geneva in November-December 2015. Myanmar attended intersessional meetings in Geneva in May 2016 as an observer and its representative addressed an ICBL briefing on landmines in Myanmar.

A National Ceasefire Agreement (NCA) signed by eight ethic armed groups in October 2015 states that the parties to the agreement will “end planting of mines” and “cooperate on the process of clearing all landmines.”[7] (See Use by non-state armed groups, below.) A new civil government was elected in November 2015 that has continued peace talks but no further agreements have been concluded as of October 2016.

Myanmar was one of 17 countries that abstained from voting on UN General Assembly (UNGA) Resolution 70/55 on 7 December 2015, which called for universalization of the Mine Ban Treaty, as it has on all similar annual resolutions since 1997.

No parliamentary party has introduced legislation to ratify the Mine Ban Treaty, but disability rights legislation was passed in June 2015.[8]

In April 2016, UNICEF, the Humanitarian Mine Action Initiative, and other organizations participated in International Day of Mine Awareness and Assistance in Mine Action in Yangon. Representatives from UNICEF, and from the National League for Democracy party called for the government to accede to the Mine Ban Treaty at the event.[9] The government-owned media for the first time published the UN Secretary General’s message for Mine Action Day.[10]

In November 2015, the Halt Mine Use in Burma/Myanmar campaign held a press conference in Yangon to launch the Landmine Monitor 2015 country report on Myanmar.[11] The campaign distributed 2,000 copies of the Burmese-language translation of the 2015 Myanmar country report.

Popular calls for a halt in mine use and mine clearance have been occurring more frequently in Myanmar. In February 2016, residents of the town of Kutkai in northern Shan State reportedly sent an official letter to the Tatmadaw, Kachin Independence Army (KIA), and the Ta’ang National Liberation Army (TNLA) demanding removal of landmines planted in the township during armed conflict in January 2016. They received no replies. In March 2016, in Yangon, a forum of civil society organizations of Shan State called for mine clearance in the state and a halt to armed conflict.[12] In September 2016, more than 1,000 residents of the town of Sinbo reportedly took to the streets to protest deaths from landmines in the area.[13]

Use

Since the publication of its first annual report in 1999, Landmine Monitor has consistently documented the use of antipersonnel mines by government forces and non-state armed groups (NSAGs) in Myanmar/Burma. During this reporting period, information available to the Monitor indicates a continuation of the trend of a significantly lower level of new mine use.

In March 2016, the UN Special Rapporteur on the situation of human rights in Myanmar “was particularly concerned at reports of the continuing use of landmines, resulting in casualties and injuries.”[14] In April 2016, the UN Secretary-General released its annual report on Children and Armed Conflict, which attributed half of the child casualties of war in Myanmar to landmines and explosive remnants of war (ERW).[15]

Government forces

In September 2016, deputy Minister of Defense Major General Myint Nwe informed the Myanmar parliament that the army continues to use landmines in internal armed conflict.[16] At the same session, a Member of Parliament from Shan State stated that “it can’t be denied that non-state armed groups are also using landmines…particularly since 2012.”[17]

Local people alleged that government troops laid landmines near their military camp in Shan State in October 2015, which resulted in civilian casualties. Villagers stated the mines were laid after armed clashes with Shan insurgents.[18] In September 2015, Myanmar Army soldiers took villagers to a front line location in Momauk township at which point they laid mines and warned the villagers not to come back to the area.[19] In August 2016, a pastor in Mogaung township stated that the Myanmar Army had issued warnings that it had planted landmines in the area in 2015.[20] In January 2016, China protested after a Chinese official was injured on the China-Myanmar border by a landmine that was apparently laid during fighting between the military and an armed group, but who laid the landmine is unknown.[21] In September 2016, mines were laid during armed conflict in Hlaingbwe township between Myanmar Army Border Guard Forces and an ethnic armed group. It is unclear which side laid mines.[22]

Use by non-state armed groups[23]

Since 2011, when the government announced its intention to seek peace agreements with armed groups, it has held multiple meetings with almost every ethnic armed group in the country. The need to end landmine use and ensure clearance has been mentioned in several meetings.[24]

The text of the National Ceasefire Agreement states that the parties to the agreement will “end planting of mines” and “cooperate on the process of clearing all landmines.”[25] On 15 October 2015, eight ethnic armed groups signed the National Ceasefire Agreement. All had previously engaged in mine warfare, including two factions of the Karen National Union, the Restoration Council for Shan State, the Arakan Liberation Party, the Pao National Liberation Organization, the All Burma Students Democratic Front, the Chin National Front, and the Democratic Karen Benevolent Army.[26] Several major armed groups remain outside the agreement.

No armed group offered to unilaterally renounce antipersonnel mine use during the ongoing peace talks in 2015 and the first half of 2016.[27]

Local residents of Kutkai township in Shan State accused the KIA and the TNLA of planting landmines in the town in January 2016.[28] The TNLA had previously stated it would refrain from mine use.[29] In November 2015, a government newspaper alleged that the Myanmar National Democratic Alliance Army (MNDAA) used mines in Laukkaing town in Shan State.[30] A local activist living in a village tract on the border of Kachin State and Sagaing said that mine use by the KIA has caused civilian casualties and displaced more than 100 farmers.[31]

In February 2016, residents of the town of Namkham in Shan State who were fleeing fighting alleged that the Shan State Army-South (SSA, or RCSS) was laying landmines in their village.[32] In July 2016, civilian porters for the RCSS/SSA alleged that TNLA laid mines that killed and injured members of their group.[33] Several news reports noted that mines were discovered after armed conflict in 2016 between the TNLA, RCSS/SSA, Shan State Progress Party/Shan State Army (SSPP/SSA), and government forces but could not state who was responsible for the mine use.[34] In August 2016, a pastor in Mogaung town stated that the KIA issued warnings that it had planted landmines in the area in 2015.[35] In September 2016, mines were laid during armed conflict in Hlaingbwe town between a faction of the Democratic Karen Benevolence Army (DKBA) and government forces. It is unclear which side(s) laid mines.[36]

In April 2016, a villager in Mone town in Bago region alleged that the KNLA laid mines around a logging concession.[37] In January 2016, a resident of Mone town stated he had received verbal warnings and seen signs erected by the KNLA warning against entering an area near a KNLA gold mining concession.[38] In April 2016, the Myanmar Army suffered a casualty to a mine allegedly laid by the KIA on an unknown date.[39]

Production, stockpiling, and transfer

Myanmar Defense Products Industries (Ka Pa Sa), a state enterprise at Ngyaung Chay Dauk in western Pegu (Bago) division, has produced fragmentation and blast antipersonnel mines, including ones with low metal content.[40] Authorities in Myanmar have not provided any information on the types of mines it produces or the quantities of stockpiled antipersonnel mines it possesses, however in September 2016 confirmed limited ongoing production.[41] The Monitor has previously reported that, in addition to domestic production, Myanmar has obtained and used antipersonnel mines of Chinese, Indian, Italian, Soviet, and United States manufacture, as well as some mines whose origin has not been identified.[42] Myanmar is not known to have exported antipersonnel mines.[43]

Non-state armed group production, transfer, and stockpiling

The KIA, Karen National Liberation Army (KNLA), DKBA, Karenni Army, and the United Wa State Army have produced blast and fragmentation mines. Some also make Claymore-type directional fragmentation mines, mines with anti-handling fuzes, and explosive booby-traps. All units of the KNLA are reportedly able to manufacture and deploy bounding mines after training by a foreign technician.[44] Armed groups in Myanmar have previously acquired mines by removing mines laid by others, seizing Tatmadaw stocks, and obtaining mines from the clandestine arms market.[45]

In February 2016, government forces seized eight POMZ antipersonnel landmines, among other weapons, from armed groups in the Kokang Region.[46] On 15 November 2015, government forces claim to have seized 90 landmines, among other weapons, from a camp belonging to the KIA.[47] Previously in July 2015, government and border guard forces claim to have recovered 50 landmines in two incidents, among other weapons, from the Karen Klo-Htoo-Baw Organization, formerly DKBA Brigade 5.[48] Also in July 2015, authorities claim to have recovered 3 landmines, among other weapons, turned in during a surrender by Klo Htoo Baw Battalion/DKBA combatants.[49]



[1] Formerly called the Union of Myanmar. The military junta ruling the country changed the name from Burma to Myanmar. Many ethnic groups in the country, and a number of states, still refer to the country as Burma. Internal state and division names are given in their common form, or with the ruling Union Solidarity Development Party (USDP) designation in parentheses, for example, Karenni (Kayah) state. Since 2009, the Monitor has used township names according to the UN Myanmar Information Management Unit (MIMU). For more information see the MINU website.

[2] Htoo Thant, “Tatmadaw insists landmine use kept within reasonable minimum,” Myanmar Times, 13 September 2016.

[3] Ibid.

[4] U Wunna Maung Lwin made these statements to the President of the Eleventh Meeting of States Parties, Prak Sokhonn of Cambodia, on the margins of the Association of South-East Asian States (ASEAN) Foreign Ministers Meeting in Phnom Penh in July 2012. Press Release, “Myanmar seriously considering landmine treaty as part of its state reforms,” Mine Ban Treaty Implementation Support Unit, 12 July 2012.

[5] The speech of the President was republished in the government newspaper. “Establishment of ASEAN Community is not ultimate goal of ASEAN but a milestone towards stable, peaceful and prosperous region,” New Light of Myanmar, 19 November 2012.

[6] Monitor interview with National League for Democracy Party Patron Thura U Tin Oo, NLD HQ, Yangon, 6 June 2016.

[7] According to the draft NCA, agreed by a drafting team from both sides in March 2015, under Chapter 3: Ceasefire related matters, point 5 (a) it states that, “Both parties agree to end the following activities:…planting of landmines…” Section 5 (e) states, “In line with progress on the peace process, both parties agree to cooperate on the process of clearing all landmines planted by both sides’ armies. Joint efforts on landmine clearing projects shall be carried out in close consultation with different levels of the government.” For more analysis see, Mine Free Myanmar, “The Mine Ban and the National ceasefire process,” 11 August 2015.

[8] Law on the Rights of Persons with Disabilities - Pyidaungsu Hluttaw Law No. 30/2015. See also, “Rights of land mine victims should be included in bill on rights of disabled people: activists,” New Light of Myanmar, 16 June 2014, p. 1. In February 2013, the chair of the National Democratic Force (NDF), a political party with seats in parliament, informed the Monitor that the NDF had requested that the landmine issue be put on the agenda for discussion in parliament the previous year, but as of mid-2013, the item remained in the parliamentary secretariat and had not been placed on the agenda. NDF members speculated that the issue may be being kept off the parliamentary agenda. See ICBL, “Country Profile: Myanmar/Burma: Mine Ban Policy,” 30 October 2014.

[9] Moe Myint, “New Government Urged to Act on Landmines in Burma,” Irrawaddy, 5 April 2016.

[11]Press Conference and release of Landmine Monitor 2014 Myanmar/Burma Country Report,” 29 December, Yangon. Audio recording of the press conference and questions available with the link.

[12]Local residents call for removal of landmines in Kutkai,” Global New Light of Myanmar, 3 March 2016; and Nyein Nyein, “Ethnic Civilians Demand End to Army Abuses in Shan State,” Irrawaddy, 2 March 2016.

[13]Sinbo residents protest landmines as death toll rises,” Eleven Myanmar, 27 September 2016.

[14] UNGA, “Situation of human rights in Myanmar,” A/31/71, 18 March 2016, p. 13, para. 57.

[15]Report of the Secretary-General on children and armed conflict in Myanmar,” A/70/836–S/2016/360, 20 April 2016, p. 18, para. 103.

[16] Htoo Thant, “Tatmadaw insists landmine use kept within reasonable minimum,” Myanmar Times, 13 September 2016.

[17] Ibid.

[19] Monitor interview with humanitarian organizations working with conflict-displaced communities in Kachin state, Yangon, 9 & 13 October 2015. Informants requested anonymity.

[20]Villagers Killed By Landmine,” Burma News International, 8 August 2016.

[21] Guy Dinmore and Wa Lone, “China protests after landmine injures official,” Myanmar Times, 6 January 2016.

[22]Landmine kills Kayin village head,” Eleven Myanmar, 17 September 2016.

[23] At least 17 NSAGs have used antipersonnel mines since 1999, however, some of these groups have ceased to exist or no longer use mines.

[24] U Wunna Maung Lwin made these statements to the President of the Eleventh Meeting of States Parties, Prak Sokhonn, on the margins of the ASEAN Foreign Ministers Meeting in Phnom Penh, in July 2012. Press Release, “Myanmar seriously considering landmine treaty as part of its state reforms,” Mine Ban Treaty Implementation Support Unit, 12 July 2012.

[25] The Nationwide Ceasefire Agreement between the government of the Republic of the Union of Myanmar and Ethnic Armed Organizations (NCA) The NCA, signed by some armed groups on October 2015, states under Chapter 3: Ceasefire related matters, point 5 (a) it states that, “Both parties agree to end the following activities:…planting of landmines…” Section 5 (e) states, “In line with progress on the peace process, both parties agree to cooperate on the process of clearing all landmines planted by both sides’ armies. Joint efforts on landmine clearing projects shall be carried out in close consultation with different levels of the government.” For more analysis see: Mine Free Myanmar, “The Mine Ban and the National ceasefire process,” 11 August 2015.

[26]Peace Deal Signed,” Global New Light of Myanmar, 16 October 2015, p. 1. Each of the political organizations that signed the ceasefire agreement has an armed wing. The armed wing of the KNU factions is the Karen National Liberation Army (KNLA), the RCSS is the political organization of the Shan State Army South, the ALP has its Arakan Liberation Army, the PNLO has its Pao National Liberation Army, and the CNF has the Chin National Army. The other two groups have the same name for their armed organizations.

[27] In the past, a few armed groups, and former armed groups, unilaterally renounced the use of antipersonnel mines by signing the Deed of Commitment administered by the Swiss NGO Geneva Call. The Chin National Front/Chin National Army renounced use in July 2006. The Arakan Rohingya National Organization and the National United Party of Arakan, both now militarily defunct, renounced use in October 2003. The Lahu Democratic Front (LDF), Palaung State Liberation Army, and PPLO/Pa’O Peoples Liberation Army (PPLA) renounced use in April 2007. In a June 2010 report, Geneva Call noted that LDF and the PPLA had disbanded.

[28]Local residents call for removal of landmines in Kutkai,” Global New Light of Myanmar, 3 March 2016; and Nyein Nyein, “Ethnic Civilians Demand End to Army Abuses in Shan State,” Irrawaddy, 2 March 2016.

[29] The TNLA is the armed wing of the Palaung State Liberation Front (PSLF) which signed the Geneva Call Deed of Commitment banning anti-personnel landmines in 2007. Since 2014, Geneva Call has been pursuing inquiries about allegations of mine use made against the TNLA. See, Geneva Call, “Burma/Myanmar: Geneva Call urges an end to mine use in northern Shan State,” 14 July 2016.

[30]Rebel group launches attacks at Laukkai,” Global New Light of Myanmar, 29 November 2015.

[31]Kachin landmines kill 11 last year,” Eleven Myanmar, 31 January 2016.

[32] Maung Zaw, “RCSS faces landmine claims,” Myanmar Times, 18 February 2016.

[33] Thu Thu Aung, “One dead, seven hurt in Shan State landmine blast,” Myanmar Times, 7 July 2016.

[34] See for example, “Villager and daughter injured by landmine in Hsipaw,” Burma News International, 22 July 2016.

[35]Villagers Killed By Landmine,” Burma News International, 8 August 2016.

[36]Landmine kills Kayin village head,” Eleven Myanmar, 17 September 2016.

[37] Karen Human Rights Group, “Nyaunglebin Situation Update: Mone Township, April to May 2016,” August 2016.

[38] Unpublished information provided to the Landmine Monitor by the Karen Human Rights Group, 5 September 2016.

[39]Burma Army Launches Attacks Across Kachin State,” Free Burma Rangers Report, 29 April 2016.

[40] Myanmar produces the MM1, which is modeled on the Chinese Type-59 stake-mounted fragmentation mine; the MM2, which is similar to the Chinese Type-58 blast mine; a Claymore-type directional fragmentation mine; and a copy of the US M14 plastic mine.

[41] Htoo Thant, “Tatmadaw insists landmine use kept within reasonable minimum,” Myanmar Times, 13 September 2016.

[42] See, Landmine Monitor Report 2004, p. 938. The mines include: Chinese Types-58, -59, -69, -72A; Soviet POMZ-2, POMZ-2M, PMN, PMD-6; US M14, M16A1, M18; and Indian/British LTM-73, LTM-76.

[43] In 1999, Myanmar’s representative to the UN stated that the country was supportive of banning exports of antipersonnel mines, however, no formal moratorium or export ban has been proclaimed. See, Landmine Monitor Report 2000, p. 469.

[44] According to a United States (US) cable released by Wikileaks in August 2011, in December 2006 during an interview with US Embassy officials a Karen politician indicated that “in 2005 a foreign expert trained the KNLA on how to manufacture ‘Bouncing Betty’ anti-personnel mines, packed with ball bearings. The KNLA claims all of its brigades now know how to produce this ‘new’ landmine. KNLA officers claim they use them only in forward areas to slow the Burmese Army’s advance into traditional KNU territory. The source said the new mines are much more lethal than earlier KNLA mines that tended to maim rather than kill.” “06RANGOON1767, BURMA REGIME AND KAREN MISTRUST CONTINUES,” US Department of State cable dated 4 December 2006, released by Wikileaks on 30 August 2011.

[45] Landmine Monitor Report 2009 identified the presence of US-made M26 bounding antipersonnel mines in Myanmar but could not identify the source or the user. In 2010, a confidential source indicated that the KNLA had received many M26 mines from the Royal Thai Army in the past, before Thailand joined the Mine Ban Treaty. See, Landmine Monitor Report 2009, p. 1013.

[46] “Drugs, weapons and ammunition seized from Kokang renegade groups,” Global New Light of Myanmar, 27 February 2016.

[47]Tatmadaw seizes KIA camp,” Global New Light of Myanmar, 21 November 2015.

[48] “Tatmadaw, BGF combs KKO of Kawkariek area,” Global New Light of Myanmar, 20 July 2015, p. 9.

[49] “Fifty-eight members of Kyaw Thet-Saw San Aung group return to legal fold,” Global New Light of Myanmar, 29 July 2015, p. 2.