The Socialist People’s Libyan Arab Jamahiriya has not acceded to the
Mine Ban Treaty. Libya does not appear to be any closer to joining the treaty
despite some positive indicators in 2004 and 2005 of a new willingness to
consider accession. The President of the National Program for Mine Clearance
and Land Reclamation stated in a letter to Protection, an Egyptian NGO, that if
Libya joined the treaty it would be obliged to clear all of its territory, which
would require too much money and human resources and would negatively affect
development in Libya.[1]
Libya has said on several occasions in the past that it supports a
prohibition on antipersonnel mines, and encourages countries that can join the
Mine Ban Treaty to do so, but that it is not possible yet for Libya because of
security concerns, as well as the financial and technical difficulties related
to mine clearance.[2]
However, Libyan officials continued to repeat long-stated objections to
joining the treaty. In June 2005, Libya’s UN Ambassador told States
Parties that it could not accede because it does not commit states that laid
mines in other countries “to remove their landmines, compensate for the
damages, or provide the necessary technical and financial assistance.” He
also said the treaty, “does not take into consideration the security
concerns of developing nations like the Great Jamahiriya, which has a vast
geographical area, and yet does not have alternative means to tackle the
security failure caused by the absence of anti-personnel
landmines.”[3]
Libya was among 17 countries that in December 2005 abstained from voting on
UN General Assembly Resolution 60/80, which promoted universalization and full
implementation of the Mine Ban Treaty. It has abstained from voting on similar
resolutions every year since 1998.
Libya registered a five-person observer delegation for the Sixth Meeting of
States Parties in Zagreb, Croatia in November-December 2005, but apparently did
not attend. Libya did not participate in the meetings of the intersessional
Standing Committees in May 2006, but did attend the meetings in June 2005.
The Tripoli Seminar on Removing Landmines, held on 12 May 2005, was the
first landmine event sponsored by the government and the first held in
Libya.[4] At the seminar, Saif al
Islam Muammar al Gaddafi (President of the Gaddafi International Foundation for
Charity Associations, and the son of Libya’s President) called for the
country to accede to the Mine Ban
Treaty.[5] The ICBL sent a
representative to Tripoli in August 2005 to participate in events related to the
anniversary of the Gaddafi Foundation.
Libya is not party to the Convention on Conventional Weapons.
Production, Transfer, Stockpiling, and Use
In March 2004, a Libyan official stated for the first time that the country
has never produced or exported antipersonnel mines, and that it no longer has a
stockpile of antipersonnel mines.[6] Libya is known to have imported mines from the former Soviet Union,
including POMZ-2 and POMZ-2M antipersonnel fragmentation
mines.[7] In addition, Chad
reported that in August 2003, it discovered 207 PMA-3 blast mines (ex-Yugoslav
origin) in a container abandoned by the Libyan
army.[8]
According to Saif al Islam Muammar al Gaddafi, Libya laid two million mines
in the northeast of the country and along the border with Egypt during its
conflict with Egypt in 1977; it also laid an unknown number in the area of
Tipisti in the south and in the north of Chad during its war with Chad in
1980-1987.[9]
Mine and ERW Problem
Libya has a problem with landmines and explosive remnants of war
(ERW)[10] as a result of the World
War II campaign in North Africa, as well as wars with Egypt in 1977 and Chad in
1980-1987.[11] The borders with
Chad, Egypt and Tunisia are affected by mines and unexploded ordnance (UXO) as
are areas in the north and in the south of the
country.[12]
The exact extent of the contamination in Libya is not known, as no survey
has ever been conducted. Estimates vary greatly, reaching as high as 10 million
mines.[13] In 2004, however, an
official from the Ministry of Foreign Affairs told Landmine Monitor that there
were between 1.5 and 3 million landmines in the
ground.[14] Most of the minefields
are not marked.[15]
According to Libyan officials, there are no maps of mines emplaced along the
border with Chad, but maps exist for those laid along the border with
Egypt.[16] Italy handed over to
Libya maps showing the locations of World War II minefields. In June 2005,
Libya reiterated its call for other countries to hand over maps of minefields on
Libyan territory.[17]
Mine/UXO contamination is reported to have had a negative impact on
development, petroleum and industrial projects and on livestock grazing. The
costs to construct a 3,380-kilometer network of pipes, which sought to deliver
water from underground in the south of the country to the northern coastal area,
were massively increased due to the need for
clearance.[18]
Mine Action Program
The Ministry of Defense and the Civil Protection Unit, located within the
Ministry of Interior and Justice, each have responsibilities for various aspects
of mine action. The Ministry of Defense is reported to clear areas serving
either a military or civilian development purpose. The Civil Protection Unit
has carried out clearance in affected
communities.[19]
In April 2005, the General People’s Committee established a National
Program for Demining and Land Reclamation “in order to work with concerned
parties for the purpose of demining and reclamation of affected lands, leading
to their integration in the general development
plan.”[20] The National
Program is headed by the Minister of International Cooperation and comprises all
ministries.[21] However, Libya has
claimed that in order to be successful, it needs to be provided with maps of all
minefields laid in the country, as well as the necessary means and equipments to
conduct mine clearance and assist mine survivors. In this regard, “a
special fund has been established to collect financial
support.”[22]
Demining
At the Tripoli Seminar on Removing Landmines on 12 May 2005, the President
of the Gaddafi International Foundation for Charity Associations explained that
the Army Engineering Corps has the experience necessary to clear World War II
landmines and ERW since they cleared hundreds of thousands of World War II era
mines and ERW during the 1970s and 1980s. He noted that the technical
characteristics and large number of mines (more than two million) along the
Egyptian border would make clearance of the border area
difficult.[23] The President added
that Libya and Egypt discussed joint border clearance but that Egypt was not
eager to undertake joint clearance and Libya was reluctant to undertake
clearance operations
unilaterally.[24]
However, at the same seminar, the President announced the launch of a
“national campaign” to remove the landmines planted along the
borders with Egypt and Chad.[25] The campaign is reported to have started in late June 2005 in Tobrouk as a
joint project of the Gaddafi International Foundation for Charity Associations
and retired military personnel.[26] In May 2006, it was reported that the demining campaign had not
started.[27]
The Anti-Mines Association, a national NGO, was formed in early 2005. It is
a member of the Gaddafi International Foundation for Charity Associations. The
Anti-Mines Association has not commenced mine clearance
operations.[28]
From World War II to 1981 Libya reported the clearance of 14.5 million
landmines and ERW.[29] According to
a military official, some mine clearance is carried out every year by the Civil
Protection Unit and the Engineering Corps of the Army, but the results of this
demining are not made
public.[30]
No external funding for mine clearance in Libya has been reported, as in
previous years.[31]
Landmine Casualties
Landmine Monitor identified no new mine/UXO casualties in Libya in 2005 and
January-May 2006. According to a Libyan government official, there are new
incidents every month, but there is no mechanism in place to collect
data.[32] However, the Anti-Mines
Association stated that the Security Services and the Secretariat for Health and
Social Solidarity collect casualty data; this data was not made available to
Landmine Monitor.[33]
The total number of landmine casualties in Libya is not known. Reports
compiled by the Libyan police indicate that 11,845 landmine casualties were
recorded between 1940 and 1995, including 6,749 people killed and 5,096
injured.[34] The Libyan Jihad
Center for Historical Studies reports higher statistics: 12,258 mine casualties,
including 3,874 people killed and 8,384 injured, between 1952 and
1975.[35]
Survivor Assistance, Disability Policy and Practice
Libya offers medical care in public hospitals free of charge to all its
citizens. The Secretariat for Health and Social Solidarity is responsible for
providing specialist healthcare to landmine
casualties.[36]
The country’s two major hospitals are located in Tripoli and Benghazi.
Both hospitals are affiliated with specialized schools and institutes for the
training of medical staff.[37] Smaller towns and villages have health clinics and remote areas are
serviced by mobile clinics.[38] Only 30 percent of the 102 hospitals are located in rural areas and 10
percent of hospitals are not
functioning.[39] However, public
hospitals suffer from a lack of equipment and quality care. Private clinics are
not affordable for all.[40] The
Libyan Red Crescent Society provides health services through its health centers
in Tripoli, Benghazi and Misurata, and has small clinics in 48 cities in
Libya.[41]
There are no international NGOs working on disability issues in Libya and
very few specialized services are available for people with
disabilities.[42] In spite of this,
disabled people, including mine/UXO survivors, receive medical care and
rehabilitation in specialized hospitals, access to social support facilities and
assistance in accessing employment
opportunities.[43]
According to the League of Disabled, 3,081 amputees are recorded,
representing five percent of all recorded people with disabilities. However,
only 61,667 people are registered out of the estimated 160,000-200,000 people
with disabilities.[44]
The Social Solidarity Fund is responsible for providing rehabilitation and
comprehensive services for people with disabilities, through 32 branch
committees. There are three referral centers for adults with physical
disabilities, five referral centers for children with physical disabilities, and
21 ‘day-time’ units.[45] However, physical rehabilitation services and psychosocial assistance in
Libya are reportedly insufficient to meet the needs of mine/UXO
survivors.[46] Rehabilitation
workers employed by the government do not receive salaries to cover their cost
of living. Poor awareness of disabilities, low incomes, difficult accessibility
and the lack of home care and a social safety network hamper the reintegration
of people with disabilities, especially
economically.[47]
The Benghazi Rehabilitation Center, run by the Social Solidarity Fund, is
one of the two main referral centers for rehabilitation in Libya. It operates a
hospital, an orthopedic workshop, physical rehabilitation center, psychosocial
support and vocational training services for people with disabilities.
Renovation of the center started in 2000 following an agreement between Libya,
Italy and the UN Development Programme (UNDP) and was reportedly completed in
2005. The renovation aimed to provide better services to people disabled by
mines from World War II. Italy provided approximately $7 million, which was
used to train 36 technicians and equip the 120-bed rehabilitation hospital at
the center.[48] In 2005-2006, the
center’s organizational development and start-up was supported by the
Italian Directorate for Development Cooperation. It will have a Libyan and an
Italian coordinator, and 168 medical and 26 social staff. The center can assist
25-30 patients per day, but was working at 85 percent of its capacity. The lack
of qualified nurses, data management, training gaps and erratic material
supplies were a challenge for the
center.[49]
The International Committee of the Red Cross Special Fund for the Disabled
(SFD) and the Libyan Red Crescent planned to support a physical rehabilitation
center in 2005. However, the government reportedly assumed responsibility for
this.[50]
The Anti-Mines Association included victim assistance in its organizational
objectives, but due to a lack of funds, logistic and technical support
activities had not started by June
2006.[51]
In 2006, UN Institute for Disarmament Research (UNIDIR) sent a questionnaire
on the provision of victim assistance, including immediate and longer-term
rehabilitation, to six North African states including
Libya.[52]
The 1980 Law on Social Insurance provides a comprehensive social security
system for all citizens and foreigners living in the country, including people
with disabilities. Entitlements include pensions, medical treatment and
surgery, hospitalization, medicine, orthopedic equipment, dental care, glasses
and rehabilitation.[53] Law No. 5
of 1987 also relates to persons with disabilities but no information is
available on the benefits available under the
legislation.[54]
[1] Letter from Dr. Taher Siala,
Chairman, National Program for Demining and Land Reclamation, Ministry of
Foreign Liaison and International Cooperation, to Protection, 22 August 2005.
[2] See for example, statement by
Libya, Amman Seminar on Military and Humanitarian Issues Surrounding the Ottawa
Convention, Amman, 20 April 2004; interview with Almabrouk Mohamed Milad,
Director of International Organizations, Ministry of Foreign Affairs, Geneva, 12
February 2004. [3] Statement by Amb. Najat M.
Al-Hajjaji, Libyan Permanent Representative to the UN in Geneva, Standing
Committee on the General Status and Operation of the Convention, Geneva, 17 June
2005. [4] See Landmine Monitor Report
2005, pp. 814-815. [5] Statement by Saif al Islam
Muammar al Gaddafi, President of Gaddafi International Foundation for Charity
Associations, Tripoli Seminar on Removing Landmines, Tripoli, 12 May 2005 (notes
taken by Landmine Monitor researcher). [6] Interview with Col. Ali
Alahrash, Ministry of Defense, Geneva, 16 March 2004. [7] Jane’s Mines and Mine
Clearance, Third Edition 1998-99, Jane’s Information Group, p.
603. [8] Chad Article 7 Report, Form G,
27 May 2004; email to Landmine Monitor from Michel Destemberg, Senior Technical
Advisor, UNOPS/HCND, 5 July 2004. [9] Statement by Saif al Islam
Muammar al Gaddafi, Tripoli Seminar on Removing Landmines, 12 May 2005. [10] Under Protocol V to the
Convention on Certain Conventional Weapons, explosive remnants of war are
defined as unexploded ordnance and abandoned explosive ordnance. Mines are
explicitly excluded from the definition. [11] Sylvie Brigot, ICBL Advocacy
Director, “Report on the May 2005 Tripoli Seminar on Removing
Landmines,” 18 May 2005, www.icbl.org. [12] Those areas include: Barida,
Capuzo, Giarabub, Kufra, Tobrouk, Gazala, El-Adem, Bir-el-Gobi, Timmi, Mechili
in the east and north-east of the country; Cyrene, Barce, Barce, Soluk, Msus,
Benghazi, Tolmmetta, Zuetina, Agdabia, Brega, Agheila, Ras-Lanuf, Nufilia,
Sirte, Hon, Buerat, Ghaddahia, Minsurata, Zltine, Sebha, Homs, Tarhuna, Gheriat,
Beni-ulid, Mizda, Bu-Ngem, Tripoli, Zawia, Zuara in the north; Ghadams on the
Libyan-Tunisian border; Murzuk and Tibisti in the south. “The White
Book,” Libyan Studies Center, 1980, p. 1; “Death Fields,”
Department for Civil Protection, Ministry of Justice and Security, 2002; see
Landmine Monitor Report 2004, p. 1065. [13] See Landmine Monitor
Report 2004, p. 1065; Ahmed Besharah, “World War II mines planted in
Libya and its socio-economic impact,” Libyan Jihad Center for Historical
Studies, 1995, p. 123. [14] Interview with Alambrouk
Mohamed Milad, Ministry of Foreign Affairs, 15 May 2003. For details of the
types of antipersonnel mines remaining from World War II, see Landmine
Monitor Report 2004, pp. 1065-1066. [15] Interview with Col. Ali
Alahrash, Ministry of Defense, 16 March 2004. [16] Sylvie Brigot, ICBL Advocacy
Director, “Report on the May 2005 Tripoli Seminar on Removing
Landmines,” 18 May 2005. [17] Statement by Libya, Standing
Committee on General Status and Operation of the Convention, Geneva, 17 June
2005. [18] Statement by Nasser
El-Mabruk, Minister of Interior, First Review Conference, Nairobi, 3 December
2004; see Landmine Monitor Report 2004, p. 1065. [19] Interview with Dr. Taher
Siala, Assistance Secretary, Ministry of Foreign Liaison and International
Cooperation, Chairman of the National Program for Demining and Land Reclamation,
Tripoli Seminar on Removing Landmines, Tripoli, 12 May 2005. [20] Statement by Libya, Standing
Committee on the General Status and Operation of the Convention, Geneva, 17 June
2005. [21] Interview with Dr. Taher
Siala, Tripoli Seminar on Removing Landmines, Tripoli, 12 May 2005. [22] Statement by Amb. Najat M.
Al-Hajjaji, Standing Committee on the General Status and Operation of the
Convention, Geneva, 17 June 2005. [23] Statement by Saif al Islam
Muammar al Gaddafi, Tripoli Seminar on Mine Clearance, Tripoli, 12 May 2005.
[24] Sylvie Brigot, ICBL Advocacy
Director, “Report on the May 2005 Tripoli Seminar on Removing
Landmines,” 18 May 2005. [25] Statement by Amb. Najat M.
Al-Hajjaji, Standing Committee on the General Status and Operation of the
Convention, Geneva, 17 June 2005. [26] Telephone interview with
Hakim Amri and Mashalah Gafoul, Directors, Anti-Mines Association, 25 June and 3
July 2005. [27] Telephone interview with
members of the Anti-Mines Association, 28 May 2006. [28] Landmine Monitor meeting
with Anti-Mines Association board members, Tripoli, 11 May 2005. [29] Ahmed Besharah, “World
War II mines planted in Libya and its socio-economic impact,” Libyan Jihad
Center for Historical Studies, 1995, p. 123. [30] See Landmine Monitor
Report 2004, p. 1066; interview with Dr. Taher Siala, Tripoli Seminar on
Removing Landmines, 12 May 2005. [31] See Landmine Monitor
Report 2005, p. 817. [32] Interview with Dr. Taher
Siala, Tripoli Seminar on Removing Landmines, Tripoli, 12 May 2005. [33] Response to Landmine Monitor
VA Questionnaire by Najm al-Din Abu al-Rawi, Director, Anti-Mines Association,
Tripoli, 7 June 2006. [34] See Landmine Monitor
Report 2000, p. 953. [35] See Landmine Monitor
Report 2005, p. 817. [36] Response to Landmine Monitor
VA Questionnaire by Najm al-Din Abu al-Rawi, Anti-Mines Association, Tripoli, 7
June 2006. [37] “Looking at Health
Care,” Cultural Profiles Project, www.cp-pc.ca, accessed 6 October 2005. [38] Paola Russo, “Welfare
in the Mediterranean Countries, Great Arab Popular Socialist Libyan
Jamahyria,” Center for Administrative Innovation in the Euro-Mediterranean
Region, undated (but relating to events in 2004), p. 13. [39] Libyan-Italian Cooperation,
“Support to the organizational development of Benghazi Rehabilitation
Centre General Plan of Action 2005-2006,” p. 7, sent to Landmine Monitor
(HI) by Nohad Chebaro, League of Disabled, Benghazi, 27 June 2006. [40] Email to Landmine Monitor
(HI) from Karine Maeckelberghe, Consul, Embassy of Belgium, Tripoli, 16 May
2006. [41] International Federation of
the Red Cross and Red Crescent Societies, “Profile: Libyan Red
Crescent,” www.ifrc.org, accessed 21 May
2006. [42] Email from Karine
Maeckelberghe, Embassy of Belgium, Tripoli, 16 May 2006. [43] See Landmine Monitor
Report 2005, p. 818. [44] Libyan-Italian Cooperation,
“Support to the organizational development of Benghazi Rehabilitation
Centre General Plan of Action 2005-2006,” p. 8. [45] Ibid, p. 96. [46] Response from Dr. Taher
Siala to Landmine Monitor question at the Tripoli Seminar on Removing Landmines,
Tripoli, 12 May 2005. [47] Libyan-Italian Cooperation,
“Support to the organizational development of Benghazi Rehabilitation
Centre General Plan of Action 2005-2006,” pp. 9, 17. [48] UNDP, “Libya,”
www.undp-libya.org, accessed 21 May 2006. [49] Libyan-Italian Cooperation,
“Support to the organizational development of Benghazi Rehabilitation
Centre General Plan of Action 2005-2006,” pp. 1-27. [50] Landmine Monitor (HI)
interview with Theo Verhoeff, Director, SFD, Geneva, 11 May 2006. [51] Response to Landmine Monitor
VA Questionnaire from Najm al-Din Abu al-Rawi, Anti-Mines Association, Tripoli,
7 June 2006. [52] Email to Landmine Monitor
(HI) from Rosy Cave, UNIDIR, Geneva, 4 May 2006. [53] Law No. 13 of 1980 on Social
Security, www.ilo.org, accessed 5 August 2005. [54] Law No. 5 of 1987 on
Disabled Persons, www.ilo.org, accessed 23
August 2005.