Tunisia
Cluster Munition Ban Policy
Summary: State Party Tunisia ratified the convention on 28 September 2010 and has participated in several meetings of the convention, most recently in 2014. Tunisia has informed the Monitor that it has never used, produced, transferred, or stockpiled cluster munitions, but must submit its initial transparency report for the convention—originally due in 2011—to formally confirm this.
Policy
The Republic of Tunisia signed the Convention on Cluster Munitions on 12 January 2009, ratified on 28 September 2010, and the convention entered into force for the country on 1 March 2011.
Tunisia informed the Monitor in April 2011 that it adhered to the convention under the terms of its ratification law enacted in February 2010.
As of 30 May 2016, Tunisia still had not submitted its initial Article 7 transparency report for the Convention on Cluster Munitions, originally due by 28 August 2011.
Tunisia participated in one regional meeting of the Oslo Process that created the Convention on Cluster Munitions (Livingstone, Zambia in March 2008) and was the first country to sign the convention after it was opened for signature at the Oslo Signing Conference in December 2008.[1]
Tunisia has participated in two of the convention’s Meetings of States Parties, most recently in 2012. It was invited to, but did not attend the First Review Conference of the convention in Dubrovnik, Croatia, in September 2015. Tunisia attended the convention’s intersessional meetings in Geneva in 2012 and 2014, but did not make any statements.
On 7 December 2015, Tunisia voted in favor of the first UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urged states outside the convention to “join as soon as possible.”[2] Tunisia also voted in favor of UNGA resolutions that condemn the use of cluster munitions in Syria, most recently Resolution 70/234 on 23 December 2015, which “deplores and condemns” the use.[3]
Tunisia is a State Party to the Mine Ban Treaty. Tunisia is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Tunisia has informed the Monitor that it has never used, produced, transferred, or stockpiled cluster munitions, but must submit its initial transparency report for the convention to formally confirm this.[4]
Tunisia is reported to possess the Hydra-70 air-to-surface unguided rocket system, but it is not known if the ammunition types available to it include the M261 Multi-Purpose Submunition rocket.[5]
[1] For details on Tunisia’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 171.
[2] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[3] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Tunisia voted in favor of similar resolutions on 18 December 2014, and 15 May and 18 December 2013.
[4] “La Tunisie n’a aucune activité en lien avec la production, le stockage, le transfert ou l’utilisation des armes à sous-munitions.” Letter from Permanent Mission of Tunisia to the UN in Geneva, to Mary Wareham, Human Rights Watch, 10 April 2011.
[5] Colin King, ed., Jane’s Explosive Ordnance Disposal 2007–2008, CD-edition, 15 January 2008 (Surrey, UK: Jane’s Information Group Limited, 2008).
Mine Ban Policy
Policy
The Republic of Tunisia signed the Mine Ban Treaty on 4 December 1997 and ratified on 9 July 1999, becoming a State Party on 1 January 2000.
Tunisia has listed 10 laws that it considers implementation measures for the Mine Ban Treaty.[1]
Tunisia submitted its Article 7 transparency report in April 2016, covering the period from April 2015 to April 2016.[2]
Tunisia participated in the Fourteenth Meeting of States Parties in November-December 2015 in Geneva, but not the intersessional meetings in May 2016.
Production, transfer, stockpile destruction, and retention
Tunisia has never produced or exported antipersonnel mines, but imported them in the past.[3] Tunisia completed the destruction of 18,259 stockpiled antipersonnel mines in September 2003.[4]
In its initial declaration in July 2000, Tunisia reported retaining 5,000 antipersonnel mines (4,000 PMA-3 and 1,000 PROM-1) for purposes permitted under Article 3 of the Mine Ban Treaty.[5] In its Article 7 report submitted in 2016, Tunisia reported that it retains 4,570 mines for training and that 100 mines were used for training purposes during the April 2015 to April 2016 reporting period.[6] Tunisia has not specified the type of retained mines that it has destroyed, nor has it reported in detail on the intended purposes and actual uses of retained mines, as agreed by States Parties in 2004.
Use
Since April 2013, new use of improvised mines by non-state armed groups has been reported during the Tunisian armed forces’ ongoing operations against Islamist rebel forces in the region of Jebel Al-Cha’anby in Qsrein Wilaya/Kasserine governorate near the Algerian border.[7]
New casualties caused by victim-activated improvised mines continue to occur in the Jebal Al-Cha’anby area. The Monitor cannot confirm when the mines were laid.[8] (See the Casualty and Victim Assistance profile for more details.)
In December 2014, one government soldier was killed and one injured in an explosion on Mount Samama in Kasserine governorate.[9] In August 2015, two soldiers were killed by mines during an army operation on Mount Mghila in the Kasserine region.[10] Other casualties were caused by antivehicle mines.[11]
In May 2013, the Ministry of Defense stated that the mines laid at Jebel Al-Cha’anby were homemade mines constructed from plastic with a chemical initiator, making detection difficult.[12] A spokesperson said, “the mines that exploded were made of ammonium nitrate fertilizer and flammable materials that can easily explode when exposed to heat.”[13]
In May 2013, a police officer told Human Rights Watch (HRW) that the late April casualties were caused by “artisanal” (or homemade) antipersonnel mines that exploded horizontally, and from this description, the mines would appear to be homemade tripwire-initiated explosive devices similar to Claymore mines.[14]
[1] Mine Ban Treaty Article 7 Report (for the period April 2014 to April 2015), Form A. The most salient actions include Law No. 2003-1266 dated 09-06-2003; Law No. 2005-47 dated 27-06-2005; and Law No. 2006-464 dated 15-02-2006.
[2] Tunisia has provided annual updated reports every year since its initial Article 7 report was submitted on 9 July 2000.
[3] See, Landmine Monitor Report 2005, p. 577.
[4] See, Landmine Monitor Report 2004, p. 821.
[5] Mine Ban Treaty Article 7 Report, Form D, 9 July 2000.
[7] Two Islamist groups in the area reportedly merged in January 2014: Ansar al-Sharia Tunisia and the Okba Ibn Nafaa Brigade.
[8] See, for example, Tarek Amara, “Two Tunisians killed in landmine blast near Algerian border: ministry,” Reuters, 30 May 2016.
[9] “One Tunisian soldier killed in landmine explosion near Algerian borders,” Shanghai Daily, 2 December 2014.
[10] “Two soldiers killed by landmine in west Tunisia,” The Guardian, 18 August 2015.
[11] “One Tunisian soldier killed, two wounded in landmine blast,” Reuters, 23 March 2015.
[12] “Tunisian ministry of defense clears the secret of landmines in Al-Cha’anby Mountain,” Al Arabiya (in Arabic), 3 May 2013; and Nawal Tahiri, “Lotfy ben Gedo: types of mines in Al-Cha’anby were used in Afghanistan where America faced difficulties to deal with,” Arrakmia, 8 May 2013.
[13] “Tunisia: Al-Qaeda Tied to Jebel Chaambi Militants,” Magharebia, 8 May 2013.
[14] Email from HRW researcher, 3 May 2013.
Mine Action
Contamination and Impact
Mines
The Republic of Tunisia reported completing clearance of all known mined areas by the end of March 2009; notably of nine minefields it laid in 1976 and 1980 in the south and southeast of the country along the border with Libya and at Bordj El Khadhra, where the borders of Tunisia, Algeria, and Libya meet.[1] Tunisia, however, continues to report a residual mine threat from World War II in the south (El Hamma, Mareth, and Matmata regions); the center (Faïedh and Kasserine regions); the north (Cap-Bon); and the northwest (Medjez El Bab) of the country.[2]
Cluster munition remnants and other explosive remnants of war
There is also a significant problem of explosive remnants of war (ERW) remaining from World War II.[3] There is no evidence that ERW include cluster munition remnants. Tunisia’s initial report in accordance with Article 7 of the Convention on Cluster Munitions was due on 28 August 2011, but had not been received by the UN as of 1 August 2012.
Mine Action Program
Key institutions and operators
|
Body |
Situation on 1 January 2012 |
|
National Mine Action Authority |
National Implementation Committee |
|
Mine action center |
None |
|
International demining operators |
None |
|
National demining operators |
Armed forces engineering unit |
There is no national body in charge of management, coordination, and planning of mine action in Tunisia, although the National Implementation Committee for the Mine Ban Treaty has been responsible for overseeing the fulfillment of Mine Ban Treaty Article 5 obligations. The army is the only body authorized to undertake activities related to mines or ERW.
Land Release
Tunisia completed clearance of known mined areas in 2009 but has continued to clear ERW. Tunisia has reported that of the 5,750 antipersonnel mines it had recorded as having been laid in 1976 and 1980, it had removed and destroyed 5,667 from a total area of 0.5km2 by April 2010.[4] It had also cleared 1,938 antivehicle mines recovered from the minefields, out of a total of 1,958 recorded. It believes that the remaining mines were destroyed by animals.[5]
Compliance with Article 5 of the Mine Ban Treaty
Under Article 5 of the Mine Ban Treaty, Tunisia was required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 January 2010. In May 2009, Tunisia announced at the intersessional Standing Committee meetings that it had successfully completed its Article 5 obligations.[6] At the Second Review Conference in December 2009, Tunisia referred to its achievement as a significant challenge given the relative low level of its resources and the difficulty in identifying mines in soil and moving sand.[7]
[1] See, for example, Mine Ban Treaty Article 7 Report (for the period April 2008 to April 2009), Form C; and Statement of Tunisia, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Mine Ban Treaty, Geneva, 27 May 2009.
[2] See, for example, Article 7 Report (for the period April 2011 to April 2012), Form C.
[3] Ibid.
[4] Article 7 Report (for the period April 2009 to April 2010), Form G; and see also Statement of Tunisia, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Mine Ban Treaty, Geneva, 27 May 2009.
[5] Statement of Tunisia, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Mine Ban Treaty, Geneva, 27 May 2009. The same figures are reported in Tunisia’s latest Article 7 transparency report. Article 7 Report (for the period April 2011 to April 2012), Form G.
[6] Statement of Tunisia, Standing Committee on Mine Clearance, Mine Risk Education and Mine Action Technologies, Mine Ban Treaty, Geneva, 27 May 2009.
[7] Statement of Tunisia, Second Review Conference, Mine Ban Treaty, Cartagena, 3 December 2009.
Casualties and Victim Assistance
Casualties
Casualties Overview
|
All known casualties by end 2015 |
92 mine/explosive remnants of war (ERW) casualties (17 killed; 71 injured; 4 unknown) |
|
Casualties in 2015 |
20 (2014: 38) |
|
2015 casualties by outcome |
4 killed; 16 injured (2014: 8 killed; 30 injured) |
|
2015 casualties by device type |
17 victim-activated improvised explosive device (IED); 3 suspected antivehicle mine |
In 2015, the Monitor identified 20 casualties from landmines and victim-activated IEDs in the Republic of Tunisia.[1] This is a decrease from 2014 when the Monitor identified 38 casualties from landmines or victim-activated IEDs in Tunisia, which was the highest total since monitoring began in 1999.[2] All of the casualties in 2015 were military. In 2014 and 2013, the vast majority of casualties were military personnel (32 of 38, and 22 of 28, respectively).
The 2015 total represents a decrease from the 38 casualties reported in 2014 and 28 casualties in 2013. The 2013 casualty total of 28 had represented a dramatic increase compared to the 10 mine/ERW casualties recorded in Tunisia for a period of more than 20 years, from 1991–2012. This casualty increase was attributable to the use of improvised mines (victim-activated IEDs), since 2013.[3] The cumulative number of mine/ERW casualties remains unknown. Since 1999, the Monitor has recorded 92 mine/ERW casualties.
The Ministry of Social Affairs has responsibility for ensuring the rights of persons with disabilities. Legislation prohibits discrimination against persons with disabilities in employment, education, transportation, access to healthcare, and other government services.[4] Handicap International promoted employment of persons with disabilities and supported disabled people’s organizations in 2015.[5]
Tunisia did not report on victim assistance in its Mine Ban Treaty Article 7 report submitted in 2016.[6]
Tunisia ratified the Convention on the Rights of Persons with Disabilities on 2 April 2008.
[1] Monitor media analysis for 2015 (from 1 January to 31 December).
[2] Monitor media analysis for 2013 and 2014 (from 1 January to 31 December).
[3] In 2006, a man was injured by ERW in northern Tunisia. Prior to 2015, the last reported mine incident occurred in January 2002.
[4] United States Department of State, “2015 Country Reports on Human Rights Practices: Tunisia,” Washington, DC, 13 April 2016.
[5] Handicap International, “Tunisia Country Card,” August 2015.