More than two-thirds of the worlds nations have signed on to the Mine Ban Treaty, a clear indication of the widespread international rejection of any use of possession of antipersonnel mines. Of the 10 countries in South East Asia, four are States Parties to the Mine Ban Treaty.

Cambodia, Malaysia, Thailand and the Philippines ratified the treaty. Brunei and Indonesia have signed but not ratified the treaty. In both states, there does not seem to be much movement forward on ratification as both are not mine-affected, neither do they produce landmines.

Thailand and Malaysia have been very active in the international arena in support of a universal mine ban. Both voted in favour of the UN General Assemblys 1999 resolution in support of the Mine Ban Treaty and participated in the First and Second Meetings of States Parties to the Mine Ban Treaty. Malaysia, in particular, is taking the lead within the Association of South East Asian Nations (ASEAN) in addressing the landmine agenda. Malaysian officials have underscored the importance of acting regionally, particularly in South East Asia, noting that in integration-sensitive ASEAN the landmines issue can be a gauge for trust-building, which is a higher level than confidence-building.

Four states remain outside the Mine Ban Treaty: Burma/Myanmar, Laos, Singapore and Vietnam. Laos, Singapore and Vietnam have all listed the right to use antipersonnel mines for defensive purposes as reason for not signing on to the Mine Ban Treaty.

In January 2000, the Committee Representing the Peoples Parliament in Burma endorsed the Mine Ban Treaty, stating that it would recommend to the Peoples Parliament, when it is convened, as a matter of immediate national concern, accession to the Convention.

Use of Antipersonnel Mines in South East Asia

In the reporting period, antipersonnel (APM) mine use was reported in two countries in the region, Burma and the Philippines.

APM Use - Government

Mine use by Burmese government military forces, the Tatmadaw, continues. While the government does not deny that it uses antipersonnel mines, it insists it does not do so in an indiscriminate fashion. In 2001 there has been reported government mine use in three states and divisions of Burmas eastern border with Thailand, as well as maintenance of a huge boundary minefield along the border with Bangladesh.

There is no evidence of use by the armed forces of the Philippines, which is a State Party to the treaty. There is also no evidence of use of antipersonnel mines by any sides in the 1999 fighting in East Timor, or in any other on-going conflicting elsewhere in Indonesia.

APM Use -Non-State Actors

There are currently numerous non-state actors (NSA), armed groups operating autonomously from officially recognized governments, active in the region. Some of these groups are engaged in various levels of military activity against the state or other NSAs. Others have ended hostilities and signed cease-fires. NSA mine use in the past year was reported in two states in the region: Burma and the Philippines. Some members of the Royal Thai Army were accused of attempting to sell anti-personnel landmines and other weapons to rebels in Aceh, Indonesia.

About 30 armed organizations, most associated with an ethnicity within Burma, have been involved in armed struggle against the SPDC, Burmas military government. About a dozen armed groups are currently engaged in some level of military activity (often quite limited) against the government forces in Arakan, Chin, Shan, Karenni, and Karen States, as well as in the Bago and Tennaserim Divisions. At least ten of these ethnic militias are mine users.

Photo: An ethnic militia member holds up a bamboo Improvised Explosive Device(IED). Numerous non-state actors in Burma and the Philippines maintain stockpiles of antipersonnel mines and IEDs.

In the Philippines, landmine use by rebel forces was effectively banned under cease-fire and human rights agreements with the government. Many of these agreements were rescinded in 1999 and 2000 due to the breakdown of negotiations and resumption of fighting. The first half of 2000 thus witnessed new landmine use by three rebel groups: Abu Sayyaf, New People's Army (NPA), and Moro Islamic Liberation Front (MILF). Two other groups, the Rebolusyonaryong Partido ng Manggagawa-Pilipinas (RPM-P) and the Moro National Liberation Front (MNLF), continue to observe pledges not to use mines. Under the new Arroyo government ceasefires are again being pursued. Awareness is clearly growing among non-state actors about the global movement toward eradication of antipersonnel mines, and several have unilaterally pledged to discontinue use.In March 2000, the ICBLs NSA Working Group held a conference, Engaging Non-State Actors in a Landmine Ban, which brought together over one hundred representatives of governments, NGOs, NSAs and international organizations to discuss issues around NSAs and Landmines. Several NSAs from the region participated in this event.

At the March 2000 Conference on NSAs and landmines, the MILF agreed to stop using antipersonnel mines and signed and deposited a Deed of Commitment for adherence to a total ban on antipersonnel mines with Geneva Call, a Swiss-registered NGO and nonpartisan body. Under this deed, the MILF committed itself not to use antipersonnel mines under any circumstances. With renewed fighting and mine use by the MILF in early 2000, this commitment has not been kept.

One of the most encouraging NSA statements on landmines made recently was issued by the RPA-ABB. Their statement of March 2000 admits past error, renounces future use and production of antipersonnel mines and concludes, Fighting for genuine peace, social justice, political liberty, and a safe and clean environment are all in the service of the human race. Destroying the world and sacrificing innocent lives with the use of antipersonnel mines does not serve this purpose.

Production, Transfer, Stockpiling and Destruction

The number of antipersonnel mine producers globally has dropped dramatically in recent years, from 54 to 16. Of the 16 who still produce, three are in South East Asia (Burma/ Myanmar, Singapore and Vietnam). All three of these countries have stated that they do not export mines. In 1998, Singapore extended an existing moratorium on the export of mines to include all antipersonnel mines. Both Burma and Singapore have made statements supporting a ban on mine transfers, but neither have instituted formal moratoria or bans.

All states in the region, except Malaysia, Cambodia and the Philippines maintain stockpiles of antipersonnel mines. Non-state actors in both Burma and the Philippines maintain stockpiles of antipersonnel mines and Improvised Explosive Devices (IED), but the sizes and content of these stockpiles are not known. Malaysia, Cambodia and the Philippines have already destroyed their entire stockpiles. Thailand has begun the process of stockpile destruction.

Burmese manufactured anti-personnel landmines

Issue of Concern Transit of Foreign Antipersonnel Mines

A debate has emerged over whether the Treatys prohibition on transfer of antipersonnel mines also applies to transit with some States Parties maintaining that it does not. The ICBL believes that if a State Party willfully permits transit of antipersonnel mines which are destined for use in combat, that government is violating the spirit of the Mine Ban Treaty, is likely violating the Article 1 ban on assistance to an act prohibited by the treaty, and possibly violating the Article 1 prohibition on transfer. When asked by the Landmine Monitor about the transit of foreign antipersonnel mines across Malaysian territory, an official responded that general policy and practice has been to required foreign vessels to declare what they are bringing in no declaration, no visit. They also state that this can be quite catchy especially when dealing with passage through international sea-lanes like the Straits of Malacca. This has been tackled on a case-by-case basis, sometimes involving accommodations like a partial declaration.

Humanitarian Mine Action Photo: In March, 1999, this Karen civilian lost his leg to an antipersonnel mine laid on a trail near his village. (Photo KHRG)

The concept of Humanitarian Mine Action was developed as a response to the growing concern about the impact of landmines on people and communities. Humanitarian Mine Action (HMA) seeks to minimize the impact of landmines as a threat to life and limb, and as an impediment to the progress of post-conflict reconstruction and social and economic development. Today, HMA encompasses a wide range of activities: surveys and assessments, the marking, mapping and clearing of mines, mine awareness activities, victim assistance, capacity and competence building, coordination, planning, and quality assurance.

Landmine Problem

Years of conflict in South East Asia have left six out of ten countries in the region mine-affected. Cambodia, Laos and Vietnam are three of the most heavily contaminated countries in the world with unexploded war remnents, while parts of Burma, The Philippines, Thailand are also mine-infested.

In Cambodia, 644 square kilometers of land are mined and another 1,400 square kilometers are suspected of being mined. Vietnamese officials state that at least 5% of the territory is Unexploded Ordnance (UXO) and mine-affected. The primary threat to civilians in Laos is UXO, not antipersonnel mines. Bomblets from US cluster bomb units become de facto antipersonnel mines when they did not explode on impact, but frequently do upon contact with human activity. It is beleived that there are millions of unexploded bomblets in Laos and, in 1996, the UN estimated that 500,000 tons of UXO were still present.

Of special concern is Burma where 10 out of 14 internal states and divisions are mine-affected with particularly heavy concentration in eastern Burma. With continued mine warfare, by both government forces and ethnic armed groups, the antipersonnel mine situation in parts of Burma is rapidly reaching crisis levels.

Surveys, Assessments and Mine Clearance

In order to implement efficient responses to the landmine problem, assessment and survey work is required to generate good baseline data. So far, reliable and comparable data on the landmine problem has been scarce. To address the mine problem in a rational manner, and to be able to allocate resources, it is necessary to address the impact of the mines in relation to the affected communities, rather than limit the assessment to the geographical location of the minefields. The principal tool for making this assessment is a Level One Impact Survey. These have been completed in Cambodia, Laos, and most recently (May 2001) Thailand. Humanitarian mine clearance, as opposed to military mine clearance, is clearance of mine and UXO infested areas for civilian purposes, and is regulated by a set of standards developed by the UN and the mine action community in 1995. Central to humanitarian mine clearance is the complete removal of all dangerous objects from a given area, including antipersonnel, antivehicle mines and UXO.

Humanitarian mine clearance operations are currently underway in Cambodia, Laos, Thailand and Vietnam. About 11.9 square kilometers of land in Cambodia were cleared of 8,006 antipersonnel mines in 1999 and a Land Use Planning Unit was established. A total of 622 hectares of land in Laos were cleared in 1999, with an additional 255 hectares in January-February 2000 (latest statistics now being released).

Five internationally funded mine and UXO clearance programs are underway in Vietnam, with several new projects started in 1999 and 2000.In Thailand, the first Humanitarian Mine Action Unit (HMAU) has become operational, responding to local requests to remove mines and unexploded ordnance for villages in one mine-affected province.

Military forces have been responsible for recent mine clearance operations in the Philippines. There are currently no humanitarian mine clearance operations in Burma.

Atrocity Demining Human Minesweeping

In a particularly ugly practice, government military units operating on the Thai-Burmese border have repeatedly been accused by the International Labor Organization and the UN Commission of Human Rights of forcing the local population to walk in front of its troops in areas suspected of mine contamination.

Coordination and Planning of Mine Action

The coordination of mine action is necessary to ensure that resources are spent according to needs and priorities, as well to ensure quality assurance, necessary accreditation of operators, and to avoid duplication of efforts. A competent and strong mine action coordination mechanism is of particular value in situations where donors and operators converge in large numbers such as in Cambodia, Laos and, to a lesser extent, Thailand. Accusations of corruption, nepotism and poor financial management in the Cambodian Mine Action Centre (CMAC) received much publicity in the national and international media in 1999. Ultimately, CMAC donors suspended funding, called for a proper audit of the entire funds received and demanded new accountability for the use of funds. In response the “CMAC White Paper 2000 was produced outlining major changes and CMACs new reform vision.

The coordination of mine action in Thailand was restructured in 2000, creating the National Committee for Humanitarian Mine Action. This committee is authorized to stipulate policy, supervise operations, conduct public relations, and give recommendations to the government among other things. In addition, the Thailand Mine Action Centre, which is responsible to preparing and coordinating the national mine clearance plan, completed an initial Master Plan on Humanitarian Mine Action of Thailand” for the five-year period 2000-2004.

Created in 1996, UXO Lao continues to coordinate and implement UXO demining, clearance, awareness and survey projects. It also focuses on national capacity building on UXO related activities, by training Lao nations is all aspects UXO operations.

In Vietnam, there is currently no government body responsible for coordinating mine action operations, although there is substantial interest in forming one.

Landmine Casualties

Three of the mine-affected countries in South East Asia saw some of the highest mine incident rates in the world. Landmine Monitor researchers in Vietnam estimate that there were 1,600 new UXO/mine victims in a single year. Similarly, in a disturbing new finding, Landmine Monitor researchers estimate there were approximately 1,500 new mine victims in Burma last year. The U.S. State Department estimated 1,500 victims per year in Burma in a 1994 report, which could mean that the number of mine victims in Burma has been holding steady, at a very high level, for many years. Landmine casualties continued to decline in Cambodia to about 1000 people hurt or killed by landmines, a decrease of 41% from the previous year. In Laos, there were just under 100 new UXO/mine victims last year, although many victims in remote areas go unreported, while the Philippines saw 33 new mine casualties in 2000. There are no comprehensive yearly statistics on landmine victims in Thailand.

Various prosthetic devices used by Burmese refugees in Thailand The Mine Ban Treaty requires, in Article 6.3, that Each State in a position to do so shall provide assistance for the care and rehabilitation, and social and economic reintegration, of mine victims and for mine awareness programs. Most countries in the region do not contribute to any international humanitarian mine action programs, be it direct or channeled through multilateral organizations, non-governmental organizations or development agencies. Cambodia, Laos, Thailand, Vietnam and, to a lesser extent, Burma, all receive aid from abroad to fund their mine action programs. These landmine assistance programs typically include provisions for survivor assistance.

The capacity of each state in the region to meet the needs of landmine victims differs greatly. The challenges of providing assistance to landmine survivors are greater for less developed countries, such as Burma, Cambodia, Laos and Vietnam.

Pre-hospital care services in mine affected areas are nearly non-existent in the region.Hospital services are generally located far from the mined areas and vary in quality. Of particular concern is the medical system in Burma, which has been devastated by years of neglect and receives almost no support from international NGOs and is ranked near the bottom of the World Health Organizations year 2000 global survey. An independent, ethnic based, mobile medical organization named the Back Pack Health Worker Team (BPHWT) operates in ethnic resistance areas of Burma, offering variety of primary and emergency health services.

Many governments provide rehabilitation services, but they tend to be inadequate and require assistance from NGOs, especially in Burma and Cambodia. In Cambodia all services are free of charge thanks to the numerous NGOs but victims have to pay their rehabilitation in Thailand and, increasingly, in Laos and Vietnam.

Officially recognized disability laws and policy are essential for establishing equal opportunities for disabled people. In Thailand, 1997 Peoples constitution of the Kingdom of Thailand prohibits unjust discrimination against a person on the grounds of physical of health condition. A national disability law, titled Laws on Rehabilitation of Thai Disabled Persons, 1991, has been implemented since 1994.

The Cambodian government is making efforts to ensure legal protection to the disabled.Cambodia, the Philippines and Vietnam all have coordination bodies on disability. Vietnams 1992 constitution and the National Ordinance 60-L/CTN on Disabled Persons, adopted in 1998, together ensure health care, education and employment opportunities to disabled persons.

Mine Awareness

Mine Awareness Education programs are community-level education program that seeks to provide (or generate) viable alternatives to high-risk behavior to populations living or working in, or traveling through, mine-affected areas.It works best on the basis of two-way information exchange, learning from communities how they survive the daily threat of landmines and unexploded ordnance (UXO), and working cooperatively to identify how the risk of death and injury can be minimized. Of the mine-affected countries in the region, mine awareness programs can be found in Cambodia, Laos and Thailand with smaller initiatives found in Vietnam. Over a half a million Cambodians have received mine awareness education in a single year.Governmental and non-governmental mine awareness activities are also run in Laos and Thailand. In Vietnam, mine awareness programs are carried out at the local and provincial level.