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24-Jun-2003

ICBL Mission asks for landmine ban during Nepal ceasefire

by: International Campaign to Ban Landmines Non-State actors Working Group

Nepal: Stopping the use of anti-personnel landmines during the ceasefire [in Nepal]will reduce death and injury, build confidence among the parties, help strengthen the peace process, and prevent the problem of more mined lands in the future, a delegation of the International Campaign to Ban Landmines (ICBL) Non-State Actors Working Group said at a press conference in Kathmandu in mid-June.

The ICBL Nepal Mission visited Nepal from 8 to 14 June 2003 to assess the landmine situation and encourage the parties to the conflict to adhere to international norms on prohibiting the use of landmines. It noted that since the ceasefire, the Nepal Campaign to Ban Landmines received only one report of a civilian injured by landmines. “But there is danger that people will fall victim to these mines unless government security forces and the Maoists commit to cease use and clear all areas,” said the Mission.

A Royal Nepal Army official told the ICBL Mission that it has used approximately 10,000 anti-personnel mines, mostly to defend some 50 army posts around the country from Maoist attacks. These imported and locally produced victim-activated mines explode upon contact with a person or animal.

“Ironically, most of those killed by these mines were the soldiers themselves,” the ICBL Mission noted.

The ICBL Mission said it was encouraged by army Brigadier General Kul Bahadur Khadka’s assurance the Army will not acquire new stocks of this victim-activated weapon. Gen Khadka reportedly said that if the peace process progresses, then there will be no reason to use these mines. Gen Khadka would also welcome the inclusion of a prohibition on mine use in the Code of Conduct guiding the ceasefire between the government and Maoists.

The ICBL Mission reported that the Communist Party of Nepal (Maoist) is also amenable to including a landmine clause in the Code of Conduct. Maoist leader Khrisna Bahadur Mahara said he will also consult with the Maoist leadership if it would make a long-term commitment to a total ban on the use of anti-personnel mines through a Deed of Commitment under Geneva Call. Geneva Call is an international organization that receives and monitors commitments to international humanitarian norms from non-state actors.

According to army and police data, security forces are the main victims of landmines but civilians are also affected. “About 20 percent of the 106 killed by Maoist mines from November 2001 to the start of the ceasefire in January 2003 were civilians,” said the ICBL Mission, citing data given by the Army.

Improvised explosive devices (IEDs) used by the Maoists are mostly command-detonated – that is, a person guarding the mine controls when it will explode. Command-detonated mines are exempted from the international ban. However, the ICBL Mission noted, there are reports that the rebel group is also using indiscriminate or victim-activated mines.

The ICBL Mission said it also secured support from two major political parties, the National Human Rights Commission, 25 human rights and peace organisations, and several foreign missions and international NGOs in Nepal to push for Nepal’s accession to the international convention prohibiting the use, production, transfer and stockpiling of anti-personnel mines. These groups will also lobby the government and the Maoists to consider adding a landmine clause in the Code of Conduct.

National Human Rights Commission chair Nayan Bahadur Khatri agreed with the ICBL Mission that several provisions in the Code of Conduct can be interpreted to include a prohibition on mine use – for example, respecting people’s right to free movement and refraining from all kinds of violent activities.

Inspector General of the police, Ravi Kanta Aryal, said he also supports inclusion of the landmine clause in the Code of Conduct, noting “we (the police) are also human beings and the Maoists and the police are all Nepalese.”

The ICBL Mission recommended the conduct of an extensive survey to identify mined areas and demining needs, the victims of these mines and the kind of assistance they need, and the socio-economic consequences of the landmine problem.

The Mission also called on the support of the new prime minister, his cabinet and the new government negotiating team to support these proposed measures. The ICBL said it hoped more mine awareness campaigns nationwide and mine risk education programs in affected communities will be conducted.

The Mission expressed support for the ongoing peace process and urged the formation of the monitoring team that will ensure the implementation of the Code of Conduct, including the proposed clause on the prohibition of landmines.

The ICBL Mission was composed of Miriam Coronel Ferrer co-chair of the ICBL Working Group; Purna Shova Chitrakar, coordinator of the Nepal Campaign to Ban Landmines; Saliya Edirisinghe of the Sri Lankan campaign; Soliman Santos, Jr of the Philippine Campaign and Geneva Call; Patricia Pak Poy of the Australian Campaign; Motoko Mekata of the Japan Campaign; and Rafique al-Islam of Non-violence International Bangladesh. Mrs Bhagawati Gautam (victim), Mr Hari Jang Shah (victim)-Nepal

The ICBL received the Nobel Peace Prize in 1997.

Contact Ban Landmines Campaign Nepal (NCBL), Sitapaila, Ring Road, GPO. Box 5840, Kathmandu, Nepal (+977 1 427 7428; fax 427 0396; email ncbl@mail.com.np).

Source: ICBL