Colombia

Mine Ban Policy

Last updated: 19 October 2020

Policy

The Republic of Colombia signed the Mine Ban Treaty on 3 December 1997, ratified it on 6 September 2000, and became a State Party on 1 March 2001.

Law 759, which took effect on 25 July 2002, serves as Colombia’s implementing legislation for the Mine Ban Treaty.[1] Colombia reports that activities prohibited by the treaty are criminalized by its Penal Code.[2] It has also enacted laws on victim assistance, land restitution, and mine clearance.[3]

Colombia submitted its most recent Mine Ban Treaty Article 7 transparency report on 30 April 2019, which outlined additional provisions amended regarding mine clearance standards.[4]

Colombia has made significant contributions to the Mine Ban Treaty at the highest levels, including by hosting the Second Review Conference in Cartagena in November–December 2009. Colombia has participated in the three other review conferences in 2004, 2014 and 2019, and every Meeting of States Parties, most recently the Seventeenth Meeting of States Parties in Geneva in November 2018. Colombia has also attended all of the treaty’s intersessional meetings in Geneva since 1999, most recently in June 2019.

In 2018–2019, Colombia served on the Mine Ban Treaty’s Committee on Article 5 (mine clearance implementation).[5]

In September 2016, the government of Colombia concluded a peace accord with the country’s main non-state armed group (NSAG), the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo, FARC-EP) that has resulted in a major effort to clear mine-affected areas.[6]

Colombia is party to the Convention on Conventional Weapons (CCW) and its Amended Protocol II on landmines. It is also party to the Convention on Cluster Munitions.

The Colombian Campaign against Landmines (Campaña Colombiana contra Minas, CCCM) works to address the country’s extensive landmine problem.[7]

Production, transfer, use, and stockpiling

Colombia’s State Military Industry (Industria Militar, INDUMIL) ceased production of antipersonnel mines in September 1998 and destroyed its production equipment on 18 November 1999.[8]

The government of Colombia is not known to have ever exported antipersonnel mines.

Colombia reported completion of the destruction of its stockpile of 18,531 antipersonnel mines on 24 October 2004.[9]

Colombia has retained the same number of mines for training purposes since 2007. It declared a total of 586 MAP-1 mines retained for training purposes in its 2009 Article 7 report and has never provided a number in subsequent reports, but has instead stated that there has been “no change” to the information previously provided.[10] Colombia last destroyed or consumed mines in training activities in 2006, when 300 retained mines were destroyed in three separate events.[11]

Colombia has not reported in detail on the intended purposes and actual uses of its retained mines, as agreed by States Parties, but in 2011, Colombia informed the Monitor that the mines were “used for training the humanitarian demining units [of the armed forces] in the use of equipment for mine clearance.”[12]

Production and use by non-state armed groups

Both the FARC and the National Liberation Army (Unión Camilista-Ejército de Liberación Nacional, ELN) have manufactured antipersonnel landmines as well as remotely-controlled improvised landmines. Colombia’s Article 7 reports contain detailed information on at least 12 different types of mines produced by NSAGs, including antipersonnel, antivehicle, and Claymore-type directional fragmentation mines, some fitted with antihandling devices.[13]

The Colombian government agency responsible for humanitarian demining (Descontamina) attributed responsibility for recent landmine use to residual or dissident FARC forces for 228 mine incidents in 2019, and to ELN forces for 212 mine incidents in 2019. An additional 68 mine incidents occurred where the responsible group was unknown. In total, 508 new mine incidents were reported in Colombia in 2019.[14]

Additionally, in late 2019 and early 2020, media reports of Colombian Army seizures of antipersonnel landmines from armed groups, were attributed to dissident factions of FARC, the ELN, the Popular Liberation Army (El Ejército Popular de Liberación, EPL), and other unidentified armed groups.[15] On 29 August 2019, a small contingent of former FARC leaders announced that they were entering a “new stage of armed struggle.”[16] In August 2019, Human Rights Watch interviewed local residents and organizations in the Catatumbo region, who made allegations that the ELN and EPL were emplacing mines in rural areas.[17]

From 1999 through 2016, Landmine Monitor reported extensive use of landmines in Colombia by FARC and by other NSAGs.

On 24 November 2016, FARC and the Colombian government signed a final agreement committing both parties to end their long-running armed conflict and build peace, including through mine clearance.[18] FARC ex-combatants established a civil organization in 2017 to contribute to survey and mine clearance activities.[19]

An October 2017 ceasefire agreement between the government of Colombia and the ELN included a commitment not to use antipersonnel landmines, however the ceasefire expired without renewal in 2018.[20]

The CCCM continues to encourage NSAGs in Colombia to halt mine use through direct messaging by community radio. The CCCM messages request directly to armed actors not to lay mines, which are not only prohibited but also indiscriminately affect the civilian population. The CCCM radio broadcasts provide details of the number of landmine victims in each region and reinforce existing risk education messages. These messages are transmitted on community radio stations in areas where the CCCM also undertakes clearance activities, in some of the worst-affected areas of the country. In many cases these messages are transmitted on an ongoing basis at the most accessible hour. These stations are not corporately owned but are managed by local communities, who have provided feedback to the CCCM that the broadcasts are indeed heard by armed actors.[21]



[1] For details on penal sanctions and other aspects of Law 759, see Mine Ban Treaty Article 7 Report, Form A, 6 May 2005; and Landmine Monitor Report 2005, p. 255.

[2] Mine Ban Treaty Article 7 Report, Form A, April 2014.

[3] For more information, see Landmine Monitor, “Country Profile: Colombia: Mine Action,” 11 December 2017.

[4] Mine Ban Treaty Article 7 Report, 30 April 2019. Colombia submitted its initial transparency report on 15 March 2002 and has provided annual updates since 2002.

[5] Previously, Colombia served as co-chair of the treaty’s Committee on Victim Assistance in 2016–2017; the Standing Committee on Mine Clearance, Mine Risk Education, and Mine Action Technologies in 2011; and the Standing Committee on Victim Assistance and Socio-Economic Reintegration in 2002–2003.

[6] ‘‘Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera’’ (‘‘Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace’’), 24 August 2016, signed 26 September 2016, in Havana, Cuba. Negotiations on the accord began in November 2012. However, it was rejected in a nationwide plebiscite on 2 October 2016.

[7] The CCCM was established in 2000 and has local sections in 22 of the 32 departments of Colombia.

[8] Interviews with Eng. Sergio Rodríguez, Second Technical Manager, INDUMIL, 5 July 2000, and 24 July 2001. As of 2001, INDUMIL was still producing Claymore-type directional fragmentation mines. Colombia stated that these mines are used only in command-detonated mode, as permitted by the Mine Ban Treaty. However, Colombia has not reported on steps it has taken to ensure that these mines are used only in command-detonated mode.

[9] In addition to the 18,531 mines destroyed, the government reported three other destructions of a total of 3,404 antipersonnel mines. Over the years, there have been many inconsistencies and discrepancies in Colombia’s count of stockpiled mines and their destruction. The Ministry of Defense sent a letter to the Monitor in September 2005 to clarify many of the problems. For details see, Landmine Monitor Report 2006, p. 302.

[10] Mine Ban Treaty Article 7 Report, Form C, 30 April 2018.

[11] In 2003–2004, Colombia reported it retained 986 mines for training. In 2005, it reduced that number to 886. In 2006, Colombia destroyed 300 more mines, but the number retained has not changed since December 2006. See, Landmine Monitor Report 2007, pp. 267–268; and Landmine Monitor Report 2006, pp. 302–303.

[12] Response to Monitor questionnaire by Amb. Alicia Arango Olmos, Permanent Mission of Colombia to the United Nations in Geneva, 13 May 2011.

[13] Presentation by the Colombian Armed Forces, “Desarrollo Compromiso con la Convención de Ottawa” (“Development Commitment with the Ottawa Convention”), Bogotá, 6 March 2006. Antipersonnel mines and IEDs manufactured by armed groups are constructed out of everything from glass bottles to plastic jerry cans. The explosive used is normally ANFO (made from fertilizer), but sometimes is a conventional explosive such as TNT. The mines are initiated by pressure-activated syringe fuzes (chemical initiation), battery-operated fuzes, and electric fuzes activated by both pressure and tripwires. These mines often have high levels of metal fragmentation in them.

[14] Descontamina, the Colombian government agency responsible for humanitarian demining activities, which is part of the High Commission for Peace. Information provided by Maicol Velasquez, Office of the High Commissioner for Peace Information Management Team, from the Information Management System for Mine Action (IMSMA) database, 31 August 2020. The statistics were derived from a country-wide review of records of mines encountered by the army during operations, reported landmine casualties, and Colombian army seizures of improvised mines.

[15] See for example, antipersonnel landmines seized from the ELN in April 2020: “En El Tambo, Cauca, un muerto y un capturado del Eln dejan operaciones militares,” (“In El Tambo, Cauca, one dead and one captured during military operations against ELN”), Extra, 28 April 2020. In March 2020, the army captured 120 antipersonnel landmines from a warehouse belonging to a dissident FARC faction, “Hallan depósito ilegal con material explosivo en Guaviare,” (Illegal deposit with explosive material found in Guaviare), RCN Radio, 17 March 2020. In February 2020, the Colombian Army found a cache of 117 antipersonnel landmines belonging to the ELN: “Hallan minas antipersonal y bandera del ELN en Guática Risaralda, zona límite con Caldas” (“Antipersonnel mines and ELN flag found in Guática Risaralda, border area with Caldas”), W Radio, 7 February 2020. In October 2019, the Colombian Army reportedly discovered 100 antipersonnel landmines belonging to a dissident faction of FARC: “Hallaron 100 minas antipersona y material explosivo de las disidencias de las Farc avaluado en $50 millones,” (100 antipersonnel mines and explosive material from FARC dissidents and valued at $50 million were found), Minuto 30, 16 October 2019.

[16] Megan Janetsky, “Ex-FARC leaders’ return to arms brings back memories of bloodshed,” Al Jazeera, 30 August 2019.

[18] ‘‘Acuerdo Final para la Terminación del Conflicto y la Construcción de una Paz Estable y Duradera’’ (‘‘Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace’’), 3.1.7.1, 24 November 2016.

[19] Humanicemos DH has received support from the United Nations Mine Action Service (UNMAS), the Geneva International Centre for Humanitarian Demining (GICHD), the European Union, the United Nations Multi-Partner Trust Fund Office, Norwegian People’s Aid, Humanity & Inclusion, HALO Trust, CCCM, and from the government agency Descontamina Colombia. Email from Camilo Serna, Researcher, CCCM, 16 August 2018.

[20]Colombia Cease-Fire Agreement Takes Effect Sunday,” Voice of America, 30 September 2017; and “Acuerdo y comunicado sobre el cese al fuego bilateral y temporal entre el Gobierno y el ELN” (‘‘Agreement and statement on the bilateral and temporary ceasefire between the Government and the ELN’’), Office of the High Commissioner for Peace, Quito, 4 September 2017. Adriaan Alsima, “Colombia’s ELN rebels blame government for failure to agree to ceasefire,” Colombia Reports, 2 July 2018.

[21] Email from Camilo Serna Villegas, Deputy Director Operations, CCCM, 1 September 2020.