Argentina

Landmine/ERW Problem

Argentina reports that it is mine-affected by virtue of its claim to sovereignty over the Malvinas/Falkland Islands.^[1] The islands were mined, mostly by Argentina, during its armed conflict with the United Kingdom in 1982.^[2] Upon ratifying the Mine Ban Treaty, Argentina lodged a declaration reaffirming “its rights of sovereignty over the Malvinas, South Georgia and South Sandwich and the surrounding maritime areas which form an integral part of the territory.”^[3]

A joint UK-Argentine feasibility study, the plan for which was first announced in 2001,^[4] was completed by Cranfield University in July 2007, and issued by a Joint Working Group of the two states in October 2007.^[5] The extremely long delay in conducting the study has not been explained.

There is concern that areas of mainland Argentina may also be affected by landmines. As part of a human rights project regarding some 2,000 people “disappeared” in the 1970s, forensic anthropologists began excavating a possible burial site at an army ammunition storage area in Tucumán province in June 2007. The anthropologists uncovered what they suspected were landmines and immediately ceased work until their safety could be guaranteed.^[6] Under a 20 June 2007 directive from the Ministry of Defense, the army was told to urgently undertake the necessary mine clearance operations as required by a judicial resolution in Tucumán Federal Court.^[7] The directive also ordered that mine clearance be executed with the appropriate technical and financial requirements using military personnel.”^[8] The burial site area is 93,263m² in size.^[9]

Argentina has not included details of this suspected mined area in its most recent Article 7 report.^[10] As of April 2008, however, no explosive ordnance contamination had been found at the site, although survey operations were said to be continuing.^[11]

Mine Action Program

Argentina has a Humanitarian Demining Office under the Office of the Joint Chiefs of Staff of the Armed Forces. This office is in charge of dealing with relevant international treaties, including the Mine Ban Treaty.^[12]

Summary of Efforts to Comply with Article 5

Under Article 5 of the Mine Ban Treaty, Argentina is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2010. In June 2008, at the Standing Committee meetings, Argentina declared it rejected the extension request submitted by the UK for clearance of the Malvinas/Falkland Islands on the grounds that the UK was illegally occupying them.^[13]

In its Article 7 reports and CCW Amended Protocol II Article 13 reports, Argentina has asserted that the “illegal occupation” of the Malvinas/Falkland Islands has “effectively prevented [it] from having access to the anti-personnel mines…in order to fulfill the obligations undertaken in the Mine Ban Treaty.”^[14] If it were agreed by other States Parties that Argentina has jurisdiction over the islands, Argentina would be required to clear all antipersonnel mines in mined areas on the islands by 1 March 2010.