AUSTRALIA, NEW ZEALAND, GERMANY RENOUNCE USE OF LAND-MINES AS REVIEW CONFERENCE RESUMES IN GENEVA

Press Release
DC/2552

AUSTRALIA, NEW ZEALAND, GERMANY RENOUNCE USE OF LAND-MINES AS REVIEW CONFERENCE RESUMES IN GENEVA

GENEVA, 22 April (UN Information Service) -- As the Review Conference of States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects resumed in Geneva this morning, Australia, New Zealand and Germany announced they were renouncing the use of anti-personnel land-mines. Liechtenstein also announced it was joining the international campaign for a total ban on the use, transfer, production and stockpiling of anti-personnel land-mines.

The decision by those Governments brings to 29 the number of countries calling for a total ban on anti-personnel land-mines and is expected to give further momentum to negotiations at the final two-week session of the Review Conference, which is focusing on Protocol II to the Convention. This Protocol, the subject of negotiations at previous sessions in late 1995 and last January, contains prohibitions or restrictions on the use of mines, booby-traps and other devices.

The announcements this morning followed Secretary-General Boutros Boutros-Ghali's message to the Review Conference, in which he emphasized the urgency of the matters before participants. "Differences of view, no matter how substantial, must not mar the opportunity to keep the issue of land-mines on the international agenda and to bring about further progress towards the ultimate goal of the elimination of anti-personnel land-mines", he said in a statement read out by the Director-General of the United Nations Office at Geneva, Vladimir Petrovsky.

According to the President of the International Committee of the Red Cross (ICRC), Cornelio Sommaruga, any compromises at the Review Conference that fell short of a total ban "would be paid for in human flesh and human lives for a very long time". He said the actions taken at the Conference would decide the fate of 100,000 potential land-mine victims over the next five years.

Negotiations at this session will revolve around the text of the revised Protocol II and its Technical Annex as proposed by Review Conference President

Johan Molander, of Sweden. A representative of the Department of Humanitarian Affairs of the United Nations, echoing a concern expressed by the President of the ICRC, said the definition of anti-personnel land-mine in the text as a weapon "primarily" designed to be exploded by the presence, proximity or contact of a person would seriously weaken the application of restrictions, as it would exclude "hybrid" mines not "primarily" designed as anti-personnel mines, but which could nevertheless be activated by individuals.

Opening the meeting, the President of the Review Conference said a critical stage of negotiations had been reached. The Review Conference was expected to finalize its work on Protocol II and its Technical Annex and conclude the review of the operation of the Convention and its Protocols as a whole. He was confident that if the momentum created in January was maintained, the Review Conference would be able to determine the common positions and find compromise solutions to allow the preparation of the necessary ground for the successful conclusion with a strengthened Protocol II on 3 May. However, he indicated, to achieve a satisfactory conclusion to the Review Conference, delegates had only until 26 April to find a solution on Protocol II.

Also this morning, the representative of China announced that pending the entry into force of Protocol II, his Government would observe a moratorium on the export of anti-personnel land-mines not in conformity with the requirements on self-deactivation and anti-handling devices of the Protocol. China would also ban the export of booby-traps.

The delegations of Belgium, Argentina, Republic of Korea, Denmark, Norway, Russian Federation, Holy See, Ireland, Czech Republic, Cyprus and Croatia made statements. The Review Conference also heard from the International Campaign to Ban Land-Mines and the Afghan Mine Clearance Planning Agency, two non-governmental organizations. In addition, the International Federation of Red Cross and Red Crescent Societies made a statement.

Statement by UN Secretary-General

In a message read out by the Director-General of the United Nations Office at Geneva, Vladimir Petrovsky, Secretary-General BOUTROS BOUTROS-GHALI said he wished once again to emphasize the urgency of the matters before the Review Conference. In fact, the urgency was now, if anything, greater. "Differences of view, no matter how substantial, must not mar the opportunity to keep the issue of land-mines on the international agenda and to bring about further progress towards the ultimate goal of the elimination of anti-personnel land mines."

The magnitude of the problem posed by the millions of land-mines scattered around the world had deepened the understanding that the

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international community can deal with it only through coordinated action, he stated. As a consequence, the United Nations, and a number of its specialized agencies and other international organizations, had gained widening support for a decisive effort to find a solution to that devastating problem.

The United Nations had taken the lead in calling for a ban on those weapons, often characterized as "weapons of mass destruction in slow motion", he said. He was encouraged that the number of Member States which had declared unilateral moratoria relating to the transfer, production or reduction of existing stockpiles of anti-personnel land-mines continued to rise, thus fostering the political environment for achieving further progress.

The Secretary-General added that it was his sincere hope that the efforts of the Review Conference would result in a strengthened Convention and a strengthened Protocol II. Agreement on such important issues as the extension of the scope of application to conflicts not of an international character and on stringent restrictions of the use and transfer of anti-personnel land-mines should now be possible. Universal adherence to the Convention was also an imperative necessity. He reiterated his appeal to all States which are not parties to the Convention, to initiate or complete the procedures required for the ratification of or accession to the Convention and its Protocols.

The Secretary-General urged participants to demonstrate the necessary flexibility and compromise so that the tragic consequences of those weapons could be further reduced. Failure to agree on severe restrictions on the use and transfer of land-mines would seriously jeopardize the objective of the eventual elimination of anti-personnel land-mines, a goal that would require utmost determination and dedicated pursuit.

"We must ban the use of land-mines", he concluded. "We must ban their production. We must destroy those that are stockpiled. We must eliminate land-mines once and for all!"

Other Statements

CORNELIO SOMMARUGA, President of the ICRC, said the actions taken at the Conference would decide the fate of 100,000 potential land-mine victims over the next five years. Short of a total ban, the compromises reached here would be paid for in human flesh and human lives for a very long time. The Conference had rightly focused on strengthening the restrictions on the use of anti-personnel mines, yet it appeared set to adopt a definition of the weapon that would introduce a dangerous ambiguity into the heart of the proposed regime. Unlike the definition of a "mine" in the same text, that definition of an "anti-personnel mine" spoke of a weapon "primarily designed" to be exploded by the presence, proximity or contact of a person". If that definition was adopted, any other accomplishments of the Conference could be,

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over time, subverted by the confusion and possible abuse. If a munition was designed so as to be able to be capable of use as an anti-personnel mine and for some other purpose, it should be clearly considered an anti-personnel mine and be regulated as such.

Only the complete prohibition of anti-personnel mines, which was easily implemented and far more readily verified than other proposals being considered, would be effective, he added. If that could not be achieved by consensus in the Conference, States should consider taking unilateral action. A recent ICRC study, supported by 43 senior commanders from 17 countries, clearly highlighted the difficulties of using those weapons according to legal and doctrinal norms, their limited effectiveness and their negative effects on an army's own forces.

Prince NICOLAS (Liechtenstein) said his delegation was aware that the strengthening of Protocol II would only reduce the suffering caused by land-mines, not eliminate it. The only durable solution to the land-mine crisis was a total ban on those weapons. Liechtenstein strongly believed that the goal of the total elimination of land-mines would only be achieved as the result of a bold commitment from the international community. Twenty-four countries had already backed the call for a total ban. Liechtenstein joined those countries to give greater strength to the ban campaign. Liechtenstein had also decided to contribute 10,000 Swiss francs to the United Nations Voluntary Fund for Assistance in Mine Clearance.

RUDIGER HARTMANN (Germany) said that in order to send a clear signal to the Review Conference, the German Bundeswehr would,in the future, completely renounce the use of anti-personnel land-mines. Germany would continue to be guided in its policy by the goal of a world-wide ban on those weapons, even if the Review Conference did not reach consensus in that regard.

Baron ALAIN GUILLAUME (Belgium) said that in extending the scope of application of the Convention to internal conflicts, the Review Conference would cover the situations that were often at the origin of the anarchic proliferation of anti-personnel land-mines. The text on which the work of the Review Conference was based made an effort in that direction. However, the effort suffered from regrettable ambiguity. One could not help thinking that the refusal to "call a spade a spade" stemmed from a hidden motive that was in contradiction with the goal officially pursued.

All anti-personnel land-mines must be made detectable, he continued. That requirement was essential for, without it, demining would remain so costly, slow and dangerous that it was impossible. But the actual text allowed the indiscriminate use of undetectable mines for a transitional period, some calculated could be measured in decades.

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RONALD WALKER (Australia) said that in response to widespread concern in Australia and internationally about the appalling humanitarian crisis brought about by the indiscriminate and irresponsible use of land-mines, his Government had decided to support a global ban on the use, transfer, production and stockpiling of anti-personnel land-mines. The Government had also unilaterally suspended the operational use of anti-personnel land-mines by the Australian Defence Force. Australia solemnly called on all delegations at the Review Conference to show flexibility, imagination and, above all, compassion. In particular, Australia urged parties to drop unreasonable demands for long phase-in periods for new obligations. A ban on undetectable land-mines should take immediate effect, and States should endorse without reservation mandatory perimeter marking for mines which did not comply with the proposed new standards.

JUAN CARLOS SANCHEZ ARNAU (Argentina) said his country's decision to ratify the Convention was part of a sustained policy in disarmament and security matters. Argentina's extensive experience in that field led it to adopt a number of specific positions, including: that the restrictions and prohibitions on the use of mines should have a broad scope suited to the type of conflicts taking place in the world today; that existing restrictions and prohibitions should be strengthened; that anti-personnel mines should be equipped with detection mechanisms, and that anti-handling devices should be prohibited.

WANG JON (China) said the Chinese Government believed the international community should take urgent measures to reduce the casualties and suffering involving civilians caused by the irresponsible use of anti-personnel land-mines. China would continue to exercise utmost restraint and strict control on the export of anti-personnel land-mines. Pending the entry into force of Protocol II, China would observe a moratorium on the export of anti-personnel land-mines that were not in conformity with the requirements on self-deactivation and anti-handling devices of the Protocol. China would also ban the export of booby traps.

HWANG YONG SHIK (Republic of Korea) recalled that the Republic of Korea, on 28 September last year, had announced its decision to adopt an extendable one-year moratorium on anti-personnel land-mines. His Government planned to further extend the moratorium later in the year. Though not yet a party to the 1980 Convention due to its unique security concerns, the Republic of Korea had shown great interest in the efforts to strengthen Protocol II of the Convention. His Government was now seriously considering its accession to the amended Convention in the near future. In that context, his Government was basically in favour of the proposals in the "President's text" to place further restrictions on the use of land mines, provided that several remaining issues were resolved during that session. The success of the Conference hinged on the effectiveness of the amended Protocol, and the scope of its adherence and compliance. In addition, careful consideration should be given

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to balancing humanitarian objectives with the use of land-mines for defence purposes. It was also necessary for the new Protocol to include a credible and effective verification mechanism for ensuring compliance.

HANS KLINGENBERG (Denmark) said Denmark continued to support all steps leading to the ultimate goal of the eventual elimination of all anti-personnel land-mines. In light of that policy, the Danish Minister of Defence had decided last month to commission a study on the need for anti-personnel land-mines in the Danish armed forces. The study would be completed in the spring of 1997 in time for a general review of the future organization of the Danish armed forces that year.

BJORN SKOGMO (Norway) said that throughout the revised land-mine Protocol negotiations, Norway had been one of the countries that had consistently advocated a total ban on the production, transfer and use of anti-personnel mines. In that context, Norway had declared in June 1995 a moratorium on the production, stockpiling, transfer and use of anti-personnel mines. All anti-personnel mines in Norwegian armed-forces stockpiles would be removed and destroyed. According to the present schedule, all anti-personnel mines in the stockpiles would be destroyed by 1 October this year.

S. KRYLOV (Russian Federation) said that in the two weeks left to finalize Protocol II, it was important to undertake a critical review of the results achieved. Securing the widest possible participation of States in the future Protocol was of prime importance. Excessive requirements should be avoided so as not to frighten away potential parties to the instrument. The Russian delegation for its part would adopt a realistic approach.

ANDRES CANASCOSA, of the Holy See, said Pope John Paul II had yesterday expressed the wish that the Review Conference should achieve tangible results. The position of the Holy See took into account the experience of the many organs of the Church confronted daily with the awful consequences of those weapons around the world. Courageous decisions were needed in that area, as had been the case with chemical weapons or blinding laser weapons. The Holy See wished to express its satisfaction with the governments that had committed themselves to completely eliminating anti-personnel land-mines and hoped that the example could be followed by the whole of the international community.

The representative of Ireland said that in the very early stages of the preparatory work for the Review Conference, Ireland had been one of a tiny handful of countries advocating a total ban on land-mines. Ireland had been heartened by the steady increase in the number of countries which had, in the meantime, come to share the view that the only way to resolve the catastrophic problems created by anti-personnel land-mines was to eliminate them. As the Conference had heard, 29 countries now advocated a total ban on those weapons. That was a political reality which must impact on the work of the Conference. Concerned public opinion was entitled to expect no less.

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The representative of New Zealand said his Government had decided today to renounce the use of anti-personnel land-mines by the New Zealand Defence Force, with immediate effect. While the New Zealand Defence force had not used anti-personnel land-mines since the Korean War, and held no stocks, the formal renunciation of their use reflected the Government's concern at the horrific and ongoing effect of land-mines worldwide, particularly on innocent civilians. New Zealand's preference for the outcome of the Conference remained for an agreement on an immediate ban on the use of anti-personnel land-mines. New Zealand would continue to contribute to demining operations in a number of countries, and had recently made a three-year pledge to the United Nations Voluntary Trust Fund for Assistance in Mine Clearance.

ZDENEK VENERA (Czech Republic) said the Czech Republic fully supported the efforts of international community to strengthen the provisions of the Convention. The scope of the Convention should be extended to internal armed conflicts. The example of the Balkan conflict confirmed the importance and urgency of that demand. Transfer of any mines to non-State entities and to States not bound by Protocol II should be prohibited.

Most non-governmental organizations called for a global and comprehensive ban on all anti-personnel land-mines, he went on. However, even the most stringent possible prohibitions and bans to impose would not solve the greatest existing problem, namely, the danger of the nearly 110 million land-mines reportedly already laid. It was that problem the international community and non-governmental organizations should pay the greatest possible attention to. The Czech Republic had already announced its willingness to participate in mine-clearing programmes around the world.

SOTIRIOS ZACKHEOS (Cyprus) said his country had associated itself with the efforts of the European Union prior to the Conference. Cyprus also supported the European Union's objectives for joint action in that field. Although much of the territory of the country was under occupation, the Government of Cyprus was restricting the use of anti-personnel land-mines. Indeed, the President of Cyprus had proposed the demilitarization of the whole island.

The representative of Croatia said his country advocated a total ban on anti-personnel land-mines as a step towards the complete prohibition of land-mines. Croatia was considering a moratorium on the production, export and use of anti-personnel land-mines and hoped to announce a decision to that effect before the end of the Review Conference's resumed session. Croatia's attachment to efforts in that area was all the stronger for having been the victim of an aggression in which land-mines had figured prominently.

PHILIPPE BOULLE, of the Department of Humanitarian Affairs, said there was a growing awareness among governments that much more needed to be done to tackle the enormous humanitarian problems caused by land-mines than could be

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achieved by merely restricting their use. Governments were realizing that the continued availability of land-mines as a legitimate weapon would result in their further indiscriminate use. It was encouraging that an increasing number of countries supported the total ban of land-mines as the only viable solution to that humanitarian crisis. It was hoped that others would soon support that course of action, which was not only morally right, but politically and militarily viable. The Department strongly urged the Conference to enact a regime that would mean a significant step in the direction of the "goal of the eventual elimination of anti-personnel land mines", as had been unanimously agreed upon by the General Assembly.

The Department shared the concern of the ICRC with regard to the inclusion of the work "primarily" in the definition of anti-personnel land- mines, he said. That would seriously weaken the application of the restrictions on anti-personnel land-mines, as it would exclude "hybrid" mines that were not "primarily" designed as anti-personnel mines but could be activated by individuals. Strong restrictions on transfer and meaningful system for verification and compliance were necessary measures to safeguard the protocol. Moreover, in light of the recent developments, the Department deemed it paramount that the Review Conference kept the momentum towards a ban on anti-personnel land mines now being discussed by many governments, by providing for a further review of the protocol at the earliest possible time.

JUDY WILLIAMS, of the International Campaign to Ban Land-mines, said the group had been single-minded in its call to ban land-mines not because of wilfulness, or out of a desire "to win". Rather, the Campaign was a voice for those who all too frequently are not considered when negotiations dealt with weapons -- the victims, present and future, of anti-personnel land-mines. The Campaign recognized the importance of the review process and yet, was discouraged that the likely changes to the Convention were not more far-reaching and immediate. How many more people would fall victim before the international community banned anti-personnel land-mines? Just since the end of the first session of the Review Conference on 13 October 1995, more than 13,700 people had been killed and maimed around the world by land-mines. A plan under consideration by the United States would "phase out" the use of land-mines by the year 2010. Between now and that date, 390,000 more people would fall victim to land-mines.

For those whose lives had already been destroyed by land-mines, it was too late, she went on. But what happened in Geneva over the next two weeks was important. The changes resulting from two years of deliberations could either make a difference to possible future land-mines victims or they could have minimal impact on the lives of those who must live among land-mines. But no matter what happened in Geneva, governments could -- and would -- make a difference.

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SAYED AGA, of the Afghan Campaign to Ban Land-Mines, said there were some 10 million land-mines in Afghanistan. In addition to killing innocent civilians, those weapons kept refugees from returning and created new refugee flows. Land-mines also constituted an obstacle to relief and rehabilitation efforts.

Mr. AGA said there were 400,000 mine amputees in Afghanistan, with 12 new ones being added to the total every day. The only way to prevent that from continuing to happen was to impose a total ban on land-mines with a strong compliance and verification mechanism. If delegations thought that a total ban on land-mines was unreasonable, let them step on one. Or let them come to Kabul and see the effects of land-mines for themselves.

PETER WALKER, of the International Federation of Red Cross and Red Crescent Societies, said the Review Conference knew the position of the Federation -- a total ban. It was time to compromise, time to find solutions for minor, but still very important, technical issues. If the opportunity was not seized now, would the world get another chance? The Federation considered five years -- from today -- the latest for a new, and hopefully final, Review Conference. "Land-mines must and shall be banned", he said.

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