Key
developments since May 2001: The Netherlands continued to play a leadership
role in promoting universalization and full implementation of the Mine Ban
Treaty. The Netherlands served as co-chair of the Standing Committee on Mine
Clearance until September 2001. The Netherlands is coordinating work on
explosive remnants of war in the CCW. In 2001, the Netherlands contributed
€15.5 million (about $13.9 million) to mine action.
MINE BAN POLICY
The Netherlands signed the Mine Ban Treaty on 3
December 1997 and ratified it on 12 April 1999, becoming a State Party on 1
October 1999. The Netherlands continued to state that the treaty will be
implemented “on the basis of existing legislation, such as the Import and
Export Act of 1962 and the Arms Control Act. The latter will be amended to
establish the powers for the implementation of the verification procedure by an
international fact-finding mission in accordance with Article 8” of the
treaty.[1] In May 2002, the
Justice Department told Landmine Monitor that it was still working on the
amendments, and awaiting the appointment of a new Minister of Justice following
the elections of 15 May.[2]
The Netherlands submitted its annual Article 7 transparency report on 19
April 2002. This includes the Voluntary Form J on “Other Relevant
Matters,” which gives details of Dutch funding of mine action in 2001.
Previous Article 7 Reports were submitted on 20 April 2001 and 7 January 2000,
providing comprehensive
information.[3]
The Netherlands participated in the Third Meeting of States Parties in
September 2001, in Managua,
Nicaragua.[4] The Netherlands,
as outgoing co-chair of the Standing Committee on Mine Clearance, Mine
Awareness, and Mine Action Technologies, reported that the focus of the Standing
Committee’s work in the last year was on improving the efficiency of mine
clearance, on gaining wider usage of the International Mine Action Standards, on
encouraging sustainable, affordable and reliable technology, and on funding.
The Netherlands delegation concluded by saying that in the next 10 years,
increased and sustained levels of funding would be needed if mine-affected
countries are to meet their treaty
obligations.[5]
The delegation intervened during a discussion of antivehicle mines equipped
with sensitive fuzes or antihandling devices, to re-emphasize the
Netherlands’ position that any device that functions like an antipersonnel
mine is considered to be an antipersonnel mine and is banned by the treaty. The
Netherlands urged State Parties to review their inventories of antivehicle mines
to ascertain that they do not function as antipersonnel
mines.[6]
On 29 November 2001, the Netherlands cosponsored and voted in favor of United
Nations General Assembly Resolution 56/24M in support of the Mine Ban
Treaty.
The Netherlands participated extensively in the intersessional Standing
Committee meetings in January and May 2002 in
Geneva.[7] The Netherlands is a
very active member of the Universalization Contact Group, which was established
at the Second Meeting of States Parties in September 2000. The
Netherlands has brought the treaty to the attention of representatives of many
States which are not yet members. Two workshops on mines and the Mine Ban
Treaty were organized jointly with Canada, in Suriname and Guyana, in May 2001.
Cooperation with Eritrea contributed to that country’s rapid accession to
the Mine Ban Treaty, and has continued with support for implementation and mine
action.[8] The Netherlands is
also active in the Article 7 Contact Group, which attempts to facilitate timely
Article 7 reporting by all States Parties.
Convention on Conventional Weapons
The Netherlands is a State Party to Amended
Protocol II of the Convention on Conventional Weapons (CCW) and submitted its
annual report under Article 13 of the Protocol on 14 November 2001. This
presents updated information on mine action funding, cluster bomb units, and
legislation.[9]
The Netherlands attended the Third Annual Conference of States Parties to
Amended Protocol II and the Second CCW Review Conference in December 2001. The
Netherlands played a leading role in preparatory meetings for the Review
Conference, and Ambassador Chris Sanders acted as one of the “Friends of
the Chair on Explosive Remnants of War (ERW)” in the preparatory process
and at the Review Conference. In March 2001, the Netherlands organized a
workshop on ERW, and at the third preparatory meeting in September 2001 proposed
that there be an expert group created to study the issue and ways to deal with
them in the CCW. This proposal was refined and at the Review Conference it was
agreed that there be a group of governmental experts to study explosive remnants
of war and antivehicle mines and make recommendations to States Parties,
including whether to proceed with negotiating a legally-binding instrument.
Ambassador Sanders is serving in 2002 as the coordinator of the group’s
work on ERW.[10]
PRODUCTION, TRANSFER, AND USE
According to the Ministry of Defense, production of
antipersonnel mines ceased over 20 years ago, and a partial export moratoria
became a complete ban on transfer with entry into force of the Mine Ban Treaty
in October 1999.[11]
The Netherlands has stated that it understands the Mine Ban Treaty to
prohibit involvement in activities related to antipersonnel mines during joint
military operations with non-States Parties, and has encouraged States Parties
to further clarify the issue with a view to attaining maximum
transparency.[12]
STOCKPILING AND DESTRUCTION
Prior to the entry into force of the treaty, large
quantities of antipersonnel mines were destroyed. In its first Article 7
Report, submitted on 7 January 2000, the Netherlands reported a stockpile of 272
CBU-89 Gator cluster bombs described as “non-Ottawa Convention
compliant,” which would be destroyed by the 1 October 2003 deadline set by
the treaty. This is repeated in later
reports.[13] However, no
information has been given about the status of the destruction program. The 272
CBU-89s contain a total of 5,984 BLU-92B antipersonnel mines, as well as BLU-91B
antivehicle mines.
The April 2002 Article 7 Report records that 4,180 antipersonnel mines were
retained for permitted training and development purposes under Article 3 of the
treaty: 3,316 of type AP NR 22, and 864 of type AP
DM31.[14] This represents a
decrease of 216 mines from the previous year, all type nr 22. The precise
purposes for which these mines have been consumed is not
reported.[15] Apparently no
type AP DM31 mines were consumed.
In 1997, for the stated purposes of protecting personnel and preventing
clearance of antivehicle mines, 822 directional fragmentation (Claymore-type)
mines were purchased, with further quantities to be purchased in 2003. The
Netherlands has stated it will use these mines only in command-detonated mode,
which is not prohibited by the Mine Ban Treaty. No tripwires, for operation of
the mines in victim-activated mode, remain in
stock.[16] The Netherlands has
not reported if these mines have been otherwise modified, such as by filling in
the fuze-well for tripwire attachment.
As previously noted by Landmine Monitor, the Netherlands has 80,000 DM-31
antivehicle mines in stock,[17]
and concerns have been raised that the DM-31 may explode when a standard metal
detector is swept over it. In November 2001, the Netherlands repeated previous
assurances that the mines will be adapted to prevent detonation “when
detected with regular devices.... If adaptation is not feasible or too
expensive the mines will be replaced by types that fully comply with CCW
regulations. As long as they are not adapted, DM-31 mines will not be
used.”[18] The
Ministry of Defense has no new information about adaptation or alternatives for
the DM-31 antivehicle
mines.[19]
In Standing Committee meetings and at the Third Meeting of States Parties,
the Netherlands has expressed the view that mines with sensitive fuzes or
antihandling devices, which may be activated by the unintentional act of a
person, are to be considered as antipersonnel mines and are banned by the
treaty. Dutch future procurement plans follow this
policy.[20]
RESEARCH AND DEVELOPMENT
The HOM 2000 research project into new demining
techniques was terminated in 2001, with Dfl7.4 million (US$2.9 million)
remaining from the project
budget.[21] On 19 April 2001,
the Minister of Defense informed Parliament that these funds had been used to
finance several research projects of the Netherlands Organisation for Applied
Scientific Research (TNO).[22]
These include: a two-year project to improve detection of tripwire mines with
infrared cameras (Dfl950,000, $371,093); research into “smart
prodders” (Dfl360,000, $140,625); a two-year project to develop ground
penetrating radar for mine detection (Dfl1.55 million, $605,469); and a two-year
project to examine clearance of mines with small caliber munitions (Dfl360,000,
$140,625).[23] Additionally,
Delft Technical University has a two-year project looking into mine-detection by
neutron dispersion technology (Dfl1.3 million, $507,812). The Netherlands is
also supporting the International Test and Evaluation Program for Humanitarian
Demining (Dfl500,000, $195,313).
MINE ACTION FUNDING AND ASSISTANCE
In 2001, the Netherlands’ contribution to
mine action was €15,463,269 (Dfl32 million or US$13.9 million). This is a
reduction from Dfl35.4 million in mine action funding in 2000. For 2002, the
Netherlands has budgeted mine action expenditure totaling $13.5 million. The
Netherlands plans to allocate €13.6 million ($12.2 million) each year, but
as some projects have a longer duration than the calendar year actual
expenditures may vary from year to year.[24]
In discussion of mine action funding at the Standing Committee meetings in
May 2002, the Netherlands delegation explained that Dutch mine action policy
“is based on planning and ownership by the affected country and long-term
commitment by us. This policy leads us to conclude multi-year arrangements
between the government and mine action operators, with the objective to make
funding predictable and therefore proper planning possible. To avoid loss of
investment, pending projects are given priority over new projects where it comes
to funding.” As a result, the Netherlands started 2002 with an
approximately 75 percent carry-over of ongoing commitments, making it difficult
to commit new funding.[25]
From the total funding of $13,886,015 in 2001, approximately $10.44 million
was contributed to mine action in 13 countries:
Afghanistan: €2,272,727 ($2 million) to UN Office for
Coordination of Humanitarian Aid (UNOCHA) and Mine Action Program for
Afghanistan for mine clearance (manual and mechanical), mine detection dogs,
capacity building and coordination.
Angola: €1,298,641 ($1,143,170) consisting of €738,400
($650,000) to Norwegian People’s Aid for explosive ordnance disposal,
Aardvark and mine detection dogs, and €560,241 ($493,170) to HALO Trust
for mechanical support to manual demining.
Bosnia and Herzegovina: €1,136,136 ($1 million) to the UN
Development Program (UNDP) to support coordination of the Mine Action
Center.
Cambodia: €642,583 ($565,654) to Norwegian People’s Aid
for demining and development.
Eritrea: €568,000 ($500,000) to the UNDP to support creation of
a national mine action capacity.
Ethiopia: €1,136,000 ($1 million) to UNDP for support to the
Mine Action Center (€738,400, $650,000) and for a Level 1 survey
(€397,600, $350,000).
Guinea-Bissau: €568,000 ($500,000) to UNDP for supporting the
national mine action structure.
Northern Iraq: €1,133,258 ($997,587) consisting of
€292,538 ($257,516) to Handicap International Belgium for victim
assistance, and €840,720 ($740,071) to Mines Advisory Group for three mine
action teams. These projects received additional funding from the NGO Stichting
Vluchteling.[26]
Laos: €568,000 ($500,000) to UNDP and UXO LAO for clearance of
unexploded ordnance.
Mozambique: €1,362,681 ($1,199,554) consisting of
€568,000 ($500,000) to Norwegian People’s Aid for mine action in
Tête, Manica and Sofala provinces, and €794,681 ($699,544) to HALO
Trust for the Nampula mine action program and training of mine detection
dogs.
Somalia: €181,505 ($159,776) to HALO Trust for the Somaliland
project.
Yemen: €568,000 ($500,000) to UNDP for support of the national
mine action program.
Federal Republic of Yugoslavia (Kosovo): €428,000 ($376,761) to
HALO Trust for mechanical clearance with manual support in
Kosovo.
Also included in the Netherlands mine action funding in 2001
was:
UN Mine Action Service: €1,704,000 ($1.5 million) for the Voluntary
Trust Fund.
International Committee of the Red Cross: CHF 638,023 ($459,000). This is
part of €1,379,757 ($1,214,575) for the special appeal for victim
assistance for 2001-2003.
International Campaign to Ban Landmines: €136,320 ($120,000) for the
Landmine Monitor 2001.
Geneva International Centre for Humanitarian Demining: €113,445
($100,000).
Nicaraguan Government: €12,706 ($11,290) for supporting the Third
Meeting of States Parties.
NATO Maintenance & Supply Agency: €140,471 ($124,822) for
stockpile destruction in Albania.
In addition to funding the NATO
Partnership for Peace (PfP) Trust Fund project to destroy Albania’s
stockpile of antipersonnel mines, the Netherlands is co-sponsor with Moldova of
another PfP Trust Fund project to destroy Moldova’s stockpile of about
12,000 antipersonnel mines and a large quantity of potentially dangerous
munitions and rocket fuel. In 2002, the Netherlands will support this project
with $100,000.[27] The
Netherlands will also contribute to a PfP Trust Fund project for destruction of
PFM mines in Russia.[28]
The Dutch armed forces has a pool of 29 deminers. In 2001, three technical
mine clearance advisors were deployed in Eritrea in the framework of the UN
peacekeeping mission, and two more were sent at the start of 2002. In Bosnia
and Herzegovina, one Dutch advisor was deployed with the Federation Mine Action
Center in 2001 and 2002.[29]
In 2002, the Netherlands mine action funding of $13,534,616 covers 10
countries. Two countries are receiving Dutch funding for the first time in
2002:
Azerbaijan: $518,181 for mine clearance by HALO Trust in
Nagorno-Karabakh.
Georgia: $376,015 for mine clearance by HALO
Trust.[30]
Five
countries received funds in 2001 but not 2002: Bosnia and Herzegovina, Ethiopia,
Iraq, Laos, and Yugoslavia (Kosovo).
In 2002, the Netherlands has also provided financial support (CHF88,787, or
$60,892) to the Implementation Support Unit created by States Parties to assist
in the intersessional process of the Mine Ban
Treaty.[31]
Nongovernmental Mine Action Funding
Stichting Vluchteling (the Netherlands Refugee
Foundation) co-financed two projects in Northern Iraq for the period 1 October
2001-31 December 2002. It provided $40,000 for three mine action teams of the
Mines Advisory Group, and $40,000 for a Handicap International Belgium victim
assistance and rehabilitation
project.[32]
KerkinActie (Action by Churches Together) donated to mine action in El
Salvador ($56,4501 for a project with the Salvadoran organization, CORDES) and
Kosovo (a DanChurchAid project valued at
$121,000).[33]
NOVIB provided $1.1 million for mine action in Afghanistan to OMAR
(Organization for Mine Clearance and Afghan Rehabilitation) in 2000-2001. NOVIB
also provided $180,000 for a cluster bomb removal project by OMAR after the US
air strikes in Afghanistan in
2001.[34]
[1] The same statement appears in Article 7
Reports submitted on 19 April 2002 and 20 April 2001. The Arms Control Act
(Articles 54, 55, 56), 5 July 1997, includes penal sanctions for the possession,
use, production and transfer of explosives, including antipersonnel mines,
without license. [2] Telephone interview
with Jim Bruinsma, Legislation Directorate, Ministry of Justice, 23 May 2002,
and with Mr. de Munck, Legal Affairs Desk, Ministry of Foreign Affairs, 15 March
2002. [3] Article 7 Reports, submitted
on 7 January 2000 for the period 1 March-31 December 1999; submitted on 20 April
2001 for calendar year 2000; and submitted on 19 April 2002 for calendar year
2001. [4] The delegation included Kees
Rade, Chargé d’Affaires and M. Wolters, First Secretary, Royal
Netherlands Embassy in Nicaragua, Thymen Kouwenaar, Counselor, Permanent Mission
to the Conference on Disarmament, and Pim Kraan, Policy Advisor, Ministry of
Foreign Affairs. [5] Landmine Monitor
notes, Third Meeting of States Parties, Managua, Nicaragua, 18-21 September
2001. [6]
Ibid. [7] The Netherlands was
represented variously by Thymen Kouwenaar, Head of the Permanent Delegation of
the Netherlands for Disarmament, Pim Kraan, Human Rights and Peace Building
Department, Alexander Verbeek, Deputy Head, Security Policy Department, and
Sjoerd Smit, Policy Advisor, Security Policy Department, Ministry of Foreign
Affairs. [8] Interview with Sjoerd Smit,
Policy Advisor, Security Policy Department, Ministry of Foreign Affairs, at
Landmine Monitor meeting, Paris, 17 April
2002. [9] Amended Protocol II Article 13
Report, Form D, submitted on 14 November
2001. [10] “Resultaten Van De
Tweede Toetsingsconferentie Van Het Conventionele Wapensverdrag” (Results
of the Second CCW Review Conference), 11-21 December 2001, Letter of the
Ministers of Foreign Affairs and Defence to Parliament, Dvb/Ww-044/02, 14 March
2002. [11] For details of past
production, import and export, see Landmine Monitor Report 1999, pp. 749-750,
and Landmine Monitor Report 2000, p.
692. [12] Oral remarks to Third Meeting
of States Parties, Managua, 20 September 2001. Notes by Landmine Monitor. See
also, Landmine Monitor Report 2001, pp.
746-747. [13] Article 7 Reports, Forms
B, submitted on 7 January 2000, 20 April 2001, and 19 April 2002.
[14] The numbers were totaled
incorrectly in the report, but the government confirmed that the subtotals
listed are the correct numbers. [15]
Article 7 Reports, Forms D, submitted on 20 April 2001 and 19 April
2002. [16] Letter from the State
Secretary of Defense H.A.L. Van Hoof to Parliament on Anti-Tank Mines and
Alternatives for AP Mines, The Hague, 19 December 2000. See also Landmine
Monitor Report 1999, p. 749. [17] Letter
from the State Secretary of Defense H.A.L. Van Hoof to Parliament on Anti-Tank
Mines and Alternatives for AP Mines, The Hague, 19 December
2000. [18] Amended Protocol II Article
13 Report, Form C, submitted on 14 November
2001. [19] Telephone interview with
Folkert Joustra, Ministry of Defense, 26 June
2002. [20] For details of other mine
purchases planned, see Landmine Monitor Report 2001, p.
746. [21] Letter from F.G.H. de Grave,
Minister of Defense, to Parliament, 27 October
2000. [22] Letter from F.G.H. de Grave,
Minister of Defense, to Parliament, 19 April 2001. Exchange rate as in Landmine
Monitor Report 2001: US$1 = Dfl2.56, used
throughout. [23] The tripwire project is
being done in cooperation with the FOI research institute from Sweden and the
UK-based Defence Evaluation Research Establishment; the prodder research with
the Canadian CCMAT/DRES research institute; and the ground penetrating radar
with Delft Technical University. [24]
Article 7 Report, Form J, 19 April 2002, and “Annual Donor Report for
Netherlands: 2001,” UNMAS Mine Investments database accessed at:
www.mine.action.org on 14 May 2002. Exchange rate at 29 April 2002: €1 =
US$0.898. The Article 7 Report records €15,463,269 as approximately $13.3
million. In the rest of this section, € amounts are taken from the
Article 7 Report and $ amounts from the UNMAS
database. [25] “Funding Needs for
Meeting Obligations”, Statement by the Netherlands, Standing Committee on
Mine Clearance, Mine Awareness and Mine Action Technologies, Geneva, 28 May
2002. [26] The government’s
contribution of $740,071 to Mines Advisory Group (MAG) includes $21,555 overhead
fee for Stichting Vluchteling, so MAG receives $758,516, and the government
contribution to Handicap International includes $7,500 overhead fee for
Stichting Vluchteling, according to interview with Jan Habraken, Stichting
Vluchteling, 9 April 2002 and email of 11 April
2002. [27] Telephone interview with and
email from Sjoerd Smit, Security Policy Department, Ministry of Foreign Affairs,
27 March 2002. [28] Telephone interview
with Alexander Verbeek, Security Policy Department, Ministry of Foreign Affair,
27 March 2002. [29] Email from
Christianne Vermuë, Public Information Desk, Ministry of Defense, 29 March
2002; Amended Protocol II Article 13 Report, Form E, 14 November
2001. [30] “Current and planned
Donor Activity for Netherlands,” accessed at: www.mineaction.org on 14
May 2002. [31] Email to Landmine Monitor
from Kerry Brinkert, Manager, Implementation Support Unit, 17 June 2002.
[32] Telephone interview with Jan
Habraken, Stichting Vluchteling, 27 March
2002. [33] Telephone interview with Ms.
Maas, ACT-Netherlands, 28 March
2002. [34] Email from Shamilkha
Samarakoon, Financial Officer, Middle East, South Asia and Central Asia Desk,
NOVIB, 28 March 2002.
About Us
Our Research Products
