U N M A S Annual Report 2008


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U N M A S Annual Report 2008

  1. 1. 2008 CONTENTS ANNUAL REPORT FOREWORD 3 HEADQUARTERS COORDINATION AND THEMATIC ACTIVITIES 4 Frameworks 5 Normative Frameworks 5 Operational Frameworks 12 Assisting Victims and Survivors 15 Treaties 18 Shaping Policy and Legal Frameworks for Mine Action 18 Promoting the Rights of Persons with Disabilities 27 Communicating to the Public and Other Constituencies 37 International Mine Action Standards 39 Developing and Applying New Technologies 41 Photo: Arne Hodalic
  2. 2. 2008 2008 CONTENTS ANNUAL REPORT COUNTRY PROGRAMMES 43 FOREWORD Afghanistan, Islamic Republic of 44 As Chair of the Inter-Agency Coordination Group for As a result of close cooperation with Lebanese authori- Mine Action, I am proud to present to you the inspiring ties, UNMAS handed over management responsibility results achieved by UN Mine Action Service (UNMAS) for the mine and ERW threat in south Lebanon to the Chad 54 and simultaneously to highlight the great value UNMAS Lebanon Mine Action Centre on 31 December. In brings to peacekeeping and humanitarian relief efforts. October, the UN High Commissioner for Refugees pre- sented the Lebanon programme with the prestigious In 2008, mine action operations supported by UNMAS Nansen Award, emphasizing that “(o)ne of the most Democratic Republic of Congo 57 enabled hundreds of thousands of people and local com- heroic types of humanitarian work is to demine or dis- munities to resume normal lives and reclaim their liveli- mantle these devices in order to allow people to go back hoods by regaining access to previously contaminated home and resume their lives.” Eritrea and Ethiopia 61 lands. The clearance of thousands of kilometres of mined roads and essential infrastructure has contributed to the The remarkable success of UNMAS field operations and protection and empowerment of men, women, girls and headquarters-based policy guidance and coordination Lebanon 64 boys in the nine countries or territories where UNMAS services would not have been possible without the gen- operates and in other countries and territories supported erous voluntary contributions of 19 donors, which by UNMAS. totalled US $92.5 million in 2008. Nepal 70 One of the more remarkable achievements of the year The significant role UNMAS plays in the peace and was the clearance of 84,000 anti-personnel mines in security sector as the mine action focal point in the UN Afghanistan, which is more than double the average system was consolidated throughout the year under the Somalia 77 annual amount cleared between 1989 and 2007. This Office of Rule of Law and Security Institutions (OROLSI). accomplishment is an indicator of increased coordination OROLSI was established in Afghanistan. It highlights how the Mine Action in 2007 and hosts UNMAS; Sudan 80 Programme in Afghanistan (MAPA) has increased effi- the Police Division; ciency and improved aid effectiveness. the Criminal Law and Judicial Advisory Western Sahara 91 In accordance with the goals of the United Nations Inter- Section; the Disarmament, Agency Mine Action Strategy: 2006-2010, UNMAS Demobilisation and assisted a number of countries in meeting their obliga- Reintegration Section; and tions under the Anti-Personnel Mine-Ban Treaty and the Security Sector Reform UNMAS Support to other Programs 95 other mine-action-related treaties and in developing capacity. national institutions to manage their residual mine or I congratulate UNMAS for its efforts in 2008. explosive remnants of war (ERW) threats. Drawing on its expertise in dealing with unexploded sub-munitions, FINANCIAL PERFORMANCE 97 UNMAS provided critical field-based advice to states throughout their deliberations on the Convention on Alain Le Roy Cluster Munitions, which was adopted in Dublin on 30 UN Under-Secretary-General for May and opened for signature on 3 December in Oslo. Peacekeeping Operations Photo: Arne Hodalic 3
  3. 3. 2008 Headquarters Coordination and Thematic Activities 2008 FRAMEWORKS UNMAS Highlights Mine action concerns were integrated across the UN Headquarters system. A critical short-notice situation assessment for Georgia was delivered. Coordination and Rapid response capacity was strengthened through an expanded planning exercise. Seven mine action programmes from the Africa and Thematic Activities Asia regions developed gender-sensitive action plans that should inform the way they conduct routine business in the coming year. NORMATIVE FRAMEWORKS Photo: Arne Hodalic Integrating Mine Action Concerns Across the UN System presented information substantiating child rights During 2008, the UN Secretary-General explicitly violations in six categories as requested by the referred to mine action in 22 key reports to the UN Security Council. In 2008, the Security Council Security Council, including those on Afghanistan, learned that landmines and ERW kill and maim Burundi, Chad, Cyprus, Eritrea and Ethiopia, Nepal, ?children in Chad, particularly in the north of the Somalia, Sudan, Sudan (Darfur) and Western country. After 30 years of war, Chad counts among Sahara. Several drew on inputs from UNMAS. They the top 10 countries in the world in terms of victims included specific sections that updated the Security of landmines and unexploded ordnance (UXO). Council on the implementation of the mandates of Marking the location of mines in Chad is currently specific mission, which may include clearance of very difficult given the lack of data, and movement landmines and ERW, verification of routes required move due to rainfall and shifting sands. for mission deployment, provision of mine risk education, training of national staff, and the compila- The report on children and armed conflict in Somalia tion of data on casualties and accident rates. emphasized the persistent danger to children from landmines and ERW, explaining that these devices The Secretary-General submitted two reports to the are responsible for an increased number of accidents Security Council Working Group on Children and involving children in and around Mogadishu follow- Armed Conflict in Chad and Somalia. The reports ing the bombardment of the capital in April 2007. Photo: Mark Craemer 5
  4. 4. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 The report highlighted the UNMAS assessment Effective Coordination: The UN Inter-Agency The United Nations Inter-Agency Mine Action Coordination and Consultation Mechanisms mission in Mogadishu. Following the report’s Policy for Mine Action Strategy: 2006-2010 recommendations, a mine action centre was established in Baidoa. In June 2005, the principals of the IACG-MA Vision Highlights approved the document “Mine Action and Effective Coordination: The United Nations Inter- The vision of the United Nations is a world free of the Effective coordination of UN efforts related to cluster Mine Action on the Agendas of the Agency Policy.” It replaced a previous threat of landmines and ERW, where individuals and munitions took place through the IACG-MA Cluster Munitions Working Group. General Assembly and Security Council inter-agency policy approved in 1998 and communities live in a safe environment conducive to amended in 1999. development, and where the needs of mine and ERW The UNMAT approach to resource mobilization was UN mine action is conducted on the basis of UN victims are met, and they are fully integrated into promoted. General Assembly and Security Council resolutions, The policy reconfirms the role of UNMAS as focal their societies. Significant mine action concerns were discussed and including the biennial General Assembly resolution point for mine action within the UN system, defines solutions identified at the 11th International Meeting of on assistance in mine action, the most recent of the vision and core commitments of UN mine National Mine Action Directors and UN Advisers. which was adopted on 13 December 2007 action, outlines the legal framework, and describes Strategic Goal (A/Res/62/99). This resolution reiterated that coordination mechanisms and the roles of the 14 UNMAS is designated to act as the focal point for UN mine action actors. UNMAS coordinates the The United Nations will work with national authori- The Inter-Agency Coordination coordinating mine action in the UN system, including IACG-MA and its activities in line with the ties and in partnership with non-governmental Group for Mine Action operational coordination in the field. It called for UN inter-agency policy. organizations (NGOs), the private sector, interna- support to buildnational capacities, reaffirming tional and regional organizations, and others to UNMAS and its parent organization, the Department Strategic Objective 4 of the United Nations Inter- reduce the humanitarian and socioeconomic threats of Peacekeeping Operations (DPKO), are responsible Agency Mine ?Action Strategy: 2006-2010. The United Nations Inter-Agency Mine Action posed by landmines and ERW, to the point where for convening and chairing meetings of the IACG- Strategy: 2006-2010 UN mine action assistance will no longer be necessary. MA. In 2008, the group met monthly at the working In 2008, General Assembly Resolution level, under the chairmanship of UNMAS, and in Strategic Objective 1: Reduction of death and injury 62/741, on strengthening the capacity of the The United Nations Inter-Agency Mine Action February and November at the principals’ level, by at least 50 percent. United Nations to manage and sustainpeace- Strategy: 2006-2010, adopted in 2006, focuses on under the chairmanship of the Under-Secretary- keeping operations, referred to mine action. the expected impact of UN mine action by 2010. Strategic Objective 2: Mitigate the risk to community General for Peacekeeping Operations. UNMAS is working closely with UN Mine Action livelihoods and expand freedom of movement for As in previous years, UNMAS closely followed the Team (UNMAT) members to monitor strategy at least 80 percent of the most seriously affected The monthly meetings provide a forum for discussing negotiation and adoption of General Assembly implementation with a view to improving both communities. current issues and exchanging information on rele- resolutions referring to mine action or related prioritization and results measurement. A task vant updates, including ongoing monitoring of threat treaties. These included resolutions on the force has been established to combine and draw Strategic Objective 3: Integration of mine action levels. They also help in preparing for upcoming Convention on the Rights of Persons with on comparative advantages of UNMAT mem- needs into national development and reconstruction meetings and activities. The group agrees on Disabilities and the Optional Protocol (A/Res/63/192), bers. The World Bank has lent expert support, plans and budgets in at least 15 countries. language for UNMAT speeches and interventions the Convention on Certain Conventional Weapons which will inform the work of the task force in Strategic Objective 4: Assist the development of delivered at meetings of states parties to mine- (A/Res/63/85), the Anti-Personnel Mine-Ban 2009. At the 64th session of the General national institutions to manage the landmine/ action-related treaties. In 2008, it organized the 11th Treaty (A/Res/63/42) and the recently signed Assembly, the Secretary-General will submit a ERW threat, and at the same time prepare for International Meeting for National Mine Action Convention on ClusterMunitions (A/Res 63/71). report on progress. residual response capacities in at least 15 countries. Directors and UN Advisers, and coordinated advoca- 6 7
  5. 5. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 cy events in connection with the 4 April anniversary include the collection of verifiable indicators on the of the mine-ban treaty, the Ninth Meeting of States sectors mine action supports, such as agriculture, Parties to the treaty and the International Day for water and sanitation, and economic development. Persons with Disabilities. The outcome of the discussion was an effort to for- malize evaluation training, which will be implement- UNMAS continued to lead coordination efforts ed in coordination with the Geneva International around cluster munitions, including by convening Centre for Humanitarian Demining (GICHD) in regular meetings of the IACG-MA Cluster Munitions 2009. Working Group. It worked at the principals’ level to forge agreement on a UN position on cluster munitions, and coordinated high-level participation The Mine Action Support Group and interventions at the Dublin Diplomatic Conference under the Oslo Process and the On behalf of UNMAT, UNMAS continued to provide Convention on Cluster Munitions signing conference substantive, logistical and technical secretariat in Oslo, as well as at all meetings related to the support to the Mine Action Support Group (MASG), Convention on Certain Conventional Weapons. the group of donors concerned about the humanitar- Overall, the principals worked to ensure that UNMAT ian, peace-building and development impacts Photo: Mark Craemer spoke with one voice on the matter of cluster of landmines and ERW. This support was particular- munitions, and supported and promoted processes ly significant in facilitating consistency and for both conventions. momentum, since the new system of a rotating the mine-ban treaty, the development of mine action and/or supported mine action programmes to chairmanship on a trimester basis was transition strategies and progress achieved and chal- nationalauthorities. It also discussed how to measure UNMAS also convened meetings of the IACG-MA introduced in 2008. lenges faced by the Afghanistan and Senegal mine the positive impacts of mine action on beneficiaries, Communications Working Group and the IACG-MA action programmes. The second MASG meeting was along with operational achievements and financial Steering Committee on Gender and Mine Action in Under the chairmanship of the Representative of hosted by the Government of Switzerland in Geneva gaps in the Afghanistan programme. 2008. No meetings of the Geneva IACG-MA Sub- France, UNMAS worked to organize the first joint on 4 June, and discussed progress accomplished Group took place. MASG-UNMAT press conference in Paris. A press during the Dublin conference on cluster munitions, release was issued on 3 April in advance of the the relevance of the new Convention on the Rights of Portfolio of Mine Action Projects International Day for Mine Awareness and Persons with Disabilities to mine action, victim assis- The Committee on Mine Action Assistance in Mine Action. A press conference tance activities in Sudan, land release, and support to UNMAS launched the 12th edition of the featured a panel including the chairman and states with mine clearance obligations (Article 5 of Portfolio of Mine Action Projects in New York on 4 A session of the Committee on Mine Action was held representatives from the UN Children’s Fund the mine-ban treaty). December. The Assistant Secretary-General of at the 11th International Meeting for National Mine (UNICEF) and UNMAS. Reporters from a variety of OROLSI led the event. The portfolio is an annual Action Directors and UN Advisers. The discussion international media outlets participated, fielding The third MASG meeting, chaired by the publication, coordinated among UN agencies, focused on measuring the impacts of mine action many questions on operations in the Democratic Representative of the United Kingdom on 26 national authorities, NGOs and donors, with activities, in the short term and over a 5-to-10-year Republic of Congo. The first MASG meeting of the November in Geneva, coincided with the Ninth guidance from the Headquarters Portfolio Team, period in regions where mine action began more than year took place in Paris on 4 April. Discussions cov- Meeting of States Parties to the mine-ban treaty. It comprising representatives from UNMAS, a decade ago. Obstacles to measuring impacts ered achievements and outstanding requirements of took stock of progress in transitioning UN-managed the UN Development Programme (UNDP) 8 9
  6. 6. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 and UNICEF. The portfolio provides an overview of and continues to allow updates throughout the year. was requested for 12 mine action projects alone. By information on participants and facilitate the how affected countries plan to address the problems Overall, the 2009 edition appealed for US $459 the end of the year, 31.8 percent of the total funds issuance of visas. The foreign affairs ministries in posed by landmines and ERW. The 2009 edition million, of which US $437 million remained unfunded requested had been committed (US $22.6 million). Croatia and Slovenia provided valuable support. includes submissions from 33 countries, territories at the time of the launch. or missions, spanning 300 projects. Africa accounts In August, donors offered generous bilateral support The meeting agenda comprised plenary sessions for the largest number of projects at 125. National to mine action activities through the Georgia Crisis and workshops. Programme-related plenaries NGOs submitted about 20 percent of all projects, Integrating Mine Action into Flash Appeal. discussed UN roles and responsibilities, land release either individually or as partner appealing agencies. Humanitarian Appeals through actions other than clearance, and national Additional chapters or projects may be added to Of the 12 consolidated appeals that constitute the capacity development and transition. Policy-related the online version on the Electronic Mine Information In 2008, mine action portfolio country team Humanitarian Appeal 2009, which was launched in sessions covered topics such as victim assistance, Network (E-MINE) website, which allows donors and members continued to participate in humanitarian November 2008, mine action projects were included the rights of survivors of and persons affected by stakeholders to monitor funding needs for each appeal working groups to promote the inclusion of for countries such as Chad, the Democratic Republic ERW, and meeting the obligations of Article 5 of the project. mine action projects in humanitarian and of Congo, Somalia and Sudan. mine-ban treaty. Updates were provided on gender development plans and the consolidated appeals action plans, GICHD, the standing committees of the Input to the 2009 portfolio was provided via process. The 2008 Sudan Work Plan constituted the treaty and Article 7 reporting, mine risk education web-based entry forms. The automation of the largest appeal, with 959 projects and a total funding 11th International Meeting of National Mine emergency kits and cluster munitions. Three site preparation process was further improved in 2008 request of US $2.3 billion. Just under US $71 million Action Directors and UN Advisers visits took place to the Slovenian Institute for Rehabilitation and Mine Victim Assistance Institute, The 11th International Meeting of National Mine and the Cerovac and Gaj testing sites. Surveys Portfolio of Mine Action Projects: 2004–2008 Action Directors and UN Advisers was held from 13 completed by participants indicated that the meeting to 18 April in Ljubljana, Slovenia, and Sibenik, Croatia. was a success and provided valuable information. It was organized by UNMAT in partnership with the 2004 2005 2006 2007 2008 Photo: Julia Goehsing International Trust Fund for Demining and Mine Participating Countries 32 Countries 30 Countries 30 Countries 29 Countries 33 Countries Victim Assistance (ITF) in Slovenia and the Croatian and Territories 4 Territories 3 Territories 4 Territories 3 Territories 4 Territories Mine Action Centre (CROMAC) in Croatia. UNMAS chaired and hosted the meeting. Following feedback from the previous year, the annual event was held in Appealing Agencies 83 91 103 124 110 a mine-affected region for the first time and featured the first field demonstrations in situ. Over 220 mine Number of Projects 307 313 353 347 383 action stakeholders participated to assess progress and future challenges. The participants included Funding Appeal us$352 million us$378 million us$459 million us$453 million us$404 million senior national directors of mine action programmes, UN mine action staff, representatives from Funding Received us$175 million us$241 million us$240 million us$310 million us$39 million international NGOs, experts from donor govern- ments and other mine action implementing partners. Shortfall us$177 million us$136 million us$219 million us$143 million us$365 million UNMAS worked extensively with ITF and CROMAC on an online registration system to track logistical 10 11
  7. 7. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 OPERATIONAL FRAMEWORKS Integrating Mine Action into Humanitarian framework guides the deployment of appropriate Building Rapid Response Capacity and To best participate in this approach, UNMAS and Development Programming resources and creates an environment conducive to the Cluster Approach Headquarters is a full member of the Global longer term planning. It can be implemented in Protection Cluster Working Group, which is led by Mine action programmes overseen by UNMAS response to either emergency humanitarian or In June, UNMAS held its fifth annual rapid response the UN High Commissioner for Refugees (UNHCR). continued to be integrated into development peacekeeping operations. Due to support from the training exercise in Sweden in conjunction with its The cluster has responsibility for a wide range of assistance planning, as well as country assessment Government of the Netherlands, UNMAS was able to use standby logistics support partner, the Swedish Civil activities aimed at ensuring respect for the rights of mechanisms where they exist. In 2008, the UN Mine fewer unearmarked funds in 2008 for this coreactivity. Contingencies Agency (MSB), formerly known as the all individuals, regardless of their age, gender, or Action Office (UNMAO) in Sudan and the Mine Swedish Rescue Services Agency (SRSA). This social, ethnic, national, religious or other back- Action Coordination Centre for Afghanistan Photo: Arne Hodalic activity focused on setting up a mine action ground. This requires a collaborative and coordinated 1 (MACCA) provided inputs to the UN development coordination centre in an emergency environment. response by various national and international actors assistance frameworks (UNDAFs) in each country. with diverse mandates, expertise and experience. Additionally, these and other programmes UNMAS enjoyed UN agency participation in the The cluster seeks to assist protection actors on the contributed to the ongoing development of new rapid response exercise on a level similar to that in ground to maintain more effective and predictable UNDAFs and common country assessments (CCAs), 2007, with the main gain in 2008 being the atten- responses. In the past, representatives of the cluster as well as relevant World Bank poverty reduction dance of representatives from the Mines Advisory team in Geneva have also attended the rapid strategies and notes. Mine action in Afghanistan Group (MAG) to provide NGO perspectives. The response exercise to familiarize themselves with also remains fully integrated into the Millennium internal assessment component of the exercise was mine action crisis response. Development Goal (MDG) strategies of the country, developed to provide a competency-based frame- with regular progress updates provided under the work for measuring attendees’ abilities to deploy on In the field, UNMAS programmes are also part of the framework of the Afghanistan National Develop- an operational activation. This process helped with cluster system, where it is in place (for example, ment Strategy, and the Joint Coordination and the development of a register of trained participants. Afghanistan and Lebanon). This is usually under the Monitoring Body. Planning is underway for the 2009 exercise, with one auspices of the UN Office for the Coordination of aim being to develop the scenario to allow for greater Humanitarian Affairs (OCHA). UNMAS engagement participation by UNMAS’ OROLSI partner agencies. is largely through the Protection Cluster, but may The Framework for Mine Action Planning include other sectors where there is a requirement and Rapid Response Inter-agency representation allowed the simulation for more integrated operations and planning, such as of the coordination mechanisms prescribed within emergency shelter, emergency education, early The Framework for Mine Action Planning and Rapid the Protection Cluster, which emerged following the recovery, health, food security and agriculture, and Response was developed as part of the 2001 mine Humanitarian Response Review of the global inter-cluster coordination. action strategy. It provides an overarching structure humanitarian system. It proposed using a “cluster and approach, within which UNMAS and members approach” in international responses to humanitari- of the IACG-MA monitor mine and ERW threats an emergencies to address gaps and strengthen Rapid Response globally, identify and plan appropriate responses effectiveness through partnerships. The approach with members of UNMAT, and facilitate the rapid ensures predictability and accountability by Rapid emergency responses and effective planning deployment of assessment missions, coordination clarifying the division of labour among organizations, are key to UNMAT’s efforts to mitigate threats from capacity and operational assets. Designed to address and better defining their roles and responsibilities landmines and ERW, and assist freedom of move- mine action requirements in emergency phases, the within the different parts of the response. ment, as called for under Strategic Objective 2 in the 12 13
  8. 8. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 United Nations Inter-Agency Mine Action Strategy nition. It found that actors already in place could Mine Action Planning and Inter-Agency Assessment cal missions. The evaluation team briefed in New 2006–2010. meet immediate needs for mine action. Mine risk Missions York prior to and after the evaluation and the recom- education was being provided by the International mendations were included in the newly operational UNMAS tapped unearmakrked funding to launch a Committee of the Red Cross (ICRC), and the HALO UNMAS continued to provide regular tracking of recommendations tracking database. The team vis- short notice mine action needs assesment afterthe Trust had rapidly expanded its pre-existing emerging and evolving threats to the IACG-MA, and ited a number of locations and implementing conflict in Georgia in 2008. On 15 August, the UN operational capacities. There was no substantial led an assessment mission to Niger in November. partners and the areas it identified informed the later Resident Coordinator in Georgia requested mine capability gap that UNMAS could usefully fill, a view inter-agency evaluation in October as well as action technical assistance from UNMAS as a result shared by the Resident Coordinator. Conflict in the north of Niger has resulted in mine additional measures taken by UNMAS and the of the conflict there and the resulting potential threat and ERW contamination, mainly on transportation programme to increase the effectiveness of the of ERW. The IACG-MA met and dispatched an The outcome of the assessment mission was that routes. This has disrupted transportation, the admin- programme. The results of the evaluation were UNMAS-led fact-finding team to establish the level UNMAT elected not to activate the operational istration of government offices and the delivery of shared with implementing partners. of ERW contamination within the wider Georgia aspects of the Framework for Mine Action Planning humanitarian aid. The Government has accumulated area; to render necessary advice and assistance to and Rapid Response to mobilize financial, human and a stockpile of over 5,000 anti-tank mines and more An inter-agency team from UNMAS and the UN the Resident Coordinator, the UN Country Team and technical resources to support mine action in than 1,000 anti-personnel mines, which impacts its Office for Project Services (UNOPS) carried out the UN Department of Safety and Security; and to Georgia. UNMAS continued to monitor the situation obligations related to the mine-ban treaty. UNMAS evaluation focused on the operational issues raised develop an initial response plan if required. over the remainder of the year with a view to identi- undertook a technical assessment mission at the in the prior evaluation. Meetings were held with fying any longer term capacity development needs. request of the Government with a view to determin- senior managers of the UN Mission in the ing options for a stockpile destruction programme. A Democratic Republic of Congo (MONUC) as well as response utilizing MSB explosive ordnance disposal senior representatives of UN agencies. While all Threat Monitoring (EOD) teams was planned for November 2008, stated that the programme was meeting all their but had to be postponed until 2009. The mission requirements on matters related to ERW, the Team One of the roles of the IACG-MA is to monitor also identified options for further engagement to recommended restructuring to provide rapid deploy- global threats from mines and other ERW through enhance national capacities for ammunition man- ment EOD teams to support humanitarian activities the Threat Monitoring Matrix (TMM). The TMM is agement and humanitarian demining. in the east, and increase support to national NGOs managed by the UNMAS Planning Officer, and and mine clearance and survey activities in the south updated every two weeks through the monitoring of and west. agency field reports, the media, and other informa- Programme Evaluations tion from donors and partners. An updated TMM is sent to the IACG-MA one week before each UNMAS remains committed to monitoring the man- Assisting Victims and Survivors, monthly meeting. This gives them the chance to agement of its mine action programmes and and Reducing Risks Photo: Mark Craemer review and request further updates or amendments commissioned an independent evaluation of the prior to the meeting. Each potential threat is Programme in the Democratic Republic of Congo in In line with Strategic Objective 3 of the UN mine discussed and a response agreed upon, whether April 2008 and undertook an additional inter-agency action strategy,2 UNMAS continues to help increase The team determined that the ERW threat was very through a technical assessment mission to a new evaluation of the programme in October 2008. The resources for survivors disabled by landmines and limited in coverage and intensity, with the primary country, a change of policy or direction for an exist- independent evaluation was undertaken by two ERW, and ensure that their needs are met within threat being posed by limited contamination by UXO, ing programme, or the decision to take no immediate female consultants. The aim was to identify national programmes and facilities for persons with primarily cluster munitions, and abandoned ammu- action besides monitoring a situation closely. challenges and inform future evaluations and techni- disabilities. In Sudan, UNMAS took the lead in 14 15
  9. 9. 2008 Headquarters Coordination and Thematic Activities implementing the inter-agency victim assistance UNMAS supports mine risk education pro- project funded by the Government of Japan through grammes primarily through UNICEF and other the UN Trust Fund for Human Security (UNTFHS). humanitarian agencies. These programmes aim The project helped the national authorities in to reduce risks for civilian populations by provid- developing the national victim assistance strategic ing messages that focus on safe behavior in framework as well as a work plan, conducted needs mine- and ERW contaminated areas, particularly assessments, provided mine risk education, and for refugees and internally displaced persons implemented pilot projects to support mine and UXO (IDPs). victims. Details of project activities and achievement can be found on page 89. UNMAS continues to encourage all agencies and organizations in the UN system to integrate Since assisting victims and survivors goes beyond landmine and ERW safety training into their gen- the mine-ban treaty, UNMAS supports links with eral safety briefings. This is largely accomplished other legal frameworks such as Protocol V on ERW in the field through the mine action coordination of the Convention on Certain Conventional centres and UN security personnel. At headquar- Weapons, and, notably, the Convention on the Rights ters, UNMAS liaises regularly with the of Persons with Disabilities. UNMAS advocated for Department of Safety and Security to ensure that the universalization and full implementation of the mine and ERW safety training and general safety Convention in 2008 at the 11th International training are complementary, and that mine and Meeting of National Mine Action Directors and UN ERW safety training tools are used as part of Advisers, the Ninth Meeting of States Parties to the security training in countries without mine action mine-ban treaty, the Second Conference of High coordination centres or a UN mine action Contracting Parties to Protocol V (see below), and presence. the discussions on cluster munitions in the Convention on Certain Conventional Weapons’ The Department of Safety and Security circulated Group of Governmental Experts. a landmine and ERW safety training DVD released by UNMAS in March 2007 throughout In collaboration with UNDP, UNICEF and UNOPS, the United Nations. UNMAS had intended to UNMAS organized a photo exhibition entitled work with the developers of the DVD at the “Rebuilding the lives of landmine victims in University of California at Los Angeles to produce Sudan” in the Palais des Nation in Geneva during it in languages other than English and make the the meeting on the mine-ban treaty. An opening product available on the Internet, but this effort ceremony featured speeches by the officer stalled due to a lack of funding. Subject to avail- in-charge of UNMAS, the Permanent able funding in 2009, UNMAS intends to publish Representative of Sudan and the representative the Landmine and Explosive Remnants of War Safety of the Director General of the United Nations Handbook in Arabic, French, Russian, Dari and in Geneva. Pashto. Photo: Arne Hodalic 16
  10. 10. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 SHAPING POLICY AND LEGAL FRAMEWORKS FOR MINE ACTION Highlights Treaties Meeting of States Parties made decisions on 15 The Convention on Certain Conventional Weapons requests by states parties to extend clearance The Anti-Personnel Mine-Ban Treaty entered into a obligations under Article 5; many of them currently The 1980 Convention on Prohibitions or Restrictions new phase: Decisions were made on Article 5 Advocacy receive UN mine action support. This is the first time on the Use of Certain Conventional Weapons Which extension requests, and states parties started a meeting of states parties has undertaken this kind of May Be Deemed to Be Excessively Injurious or to preparation for the Second Review Conference to be held in Cartagena, Colombia from 30 November to 4 Mine action advocacy goals are woven into the action. It thus sets a precedent for similar requests in Have Indiscriminate Effects is also known as the December 2009. United Nations Inter-Agency Mine Action Strategy: the future. The meeting also decided that the Second Convention on Certain Conventional Weapons. 2006-2010. Advocacy remains a key pillar of mine Review Conference of the mine-ban treaty would be Two of its protocols are relevant to mine action: The international community took urgent action action in general. Most UNMAS activities related to held in Cartagena, Colombia, in 2009. Amended Protocol II on mines, booby traps and against the threats posed by cluster munitions with support from the United Nations. The Convention on legal frameworks for mine action, including those other devices, and Protocol V on ERW. Established Cluster Munitions was adopted in Dublin on 30 May in 2008, have an advocacy component. UNMAS To assist affected countries to understand their implementation mechanisms include regular and signed in Oslo on 3 December. strongly advocates for the universalization of Article 5 obligations for clearing and destroying meetings of states parties. As with the mine-ban The Convention on the Rights of Persons with existing legal frameworks, and encourages UN anti-personnel mines, the 11th International treaty, these two protocols provide UN mine action Disabilities entered into force on 3 May, providing an Member States to expand those regimes and Meeting of National Mine Action Directors and UN with effective guidance, as indicated in the UN appropriate framework for protecting the rights and develop new international standards to further Advisers organized a full session on this topic and a inter-agency policy. dignity of landmine and ERW survivors, and other protect civilians from the scourges of landmines and presentation by the Director of the Implementation persons with disabilities. ERW, as was the case with the Convention on Support Unit of the mine-ban treaty. In 2007, the Group of Governmental Experts was Significant progress occurred in integrating gender Cluster Munitions this year. In 2008, UNMAS also established to negotiate a proposal urgently to considerations into mine action: A stocktaking work- strongly advocated for the universalization of the At the inter-sessional meetings of states parties to address the humanitarian impacts of cluster muni- shop on good practices and lessons learned in Convention on the Rights of Persons with Disabilities the treaty in April and at the Ninth Meeting of States tions, while striking a balance between military and mainstreaming gender in mine action programmes as a framework for delivering victim assistance. Parties in November, UNMAS coordinated the humanitarian considerations, and to report on promoted a regional and nationally owned gender learning cycle. delivery of statements by UNMAT. It also coordinated progress made to the next meeting of the group in With funds from Italy, UNMAS in 2008 inputs from the United Nations to the Geneva November 2008. provided grants to the Italian Campaign to Progress Report, adopted by the meeting. The inputs Photo: Arne Hodalic Ban Landmines to support their advocacy and reflected the general contribution of UNMAT to the UNMAS participated actively in all meetings related awareness activities, as well as to Geneva Call for implementation of the treaty. UNMAS prepared to the convention in 2008, and coordinated the advocacy with non-state actors. reports on the inter-sessional meetings and the participation of and delivery of statements by Ninth Meeting of States Parties, and circulated them UNMAT at the meetings of states parties on to the IACG-MA. Amended Protocol II and Protocol V in November The Anti-Personnel Mine-Ban Treaty 2008. The main outcomes and achievements are In the field, UNMAS continued to assist programmes explained below. UNMAS continued to support universal ratification in complying with their obligations under the treaty, and full implementation of the Anti-Personnel including with the preparation of reports as required by The Sponsorship Programme to promote participa- Mine-Ban Treaty in 2008. This important framework Article 7, and with the development and execution of tion in convention-related meetings was fully imple- for mine action remains a key instrument for national mine action plans. Several states parties mented in 2008. The UNMAS Liaison Office promoting the achievement of UN strategic goals. responded to UNMAS demarches to encourage in Geneva served as an observer to the programme’s The year was crucial for the treaty. The Ninth the submission of Article 7 initial reports. Steering Committee. 18 19
  11. 11. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 Explosive Remnants of War an ERW database for assistance and cooperation. tivating mechanisms, should not be fitted with UNMAT actively participated in this process and Together with the ICRC Physical Rehabilitation anti-handling devices, and should not have sensitive attended the Oslo Signature Conference on 3–4 Protocol V provides a framework for post-conflict Programme, UNMAS organized an event in Geneva fuses that allow explosion through contact by or in December. Meanwhile, a parallel process leading to remedial measures for unexploded and abandoned on victim assistance in the context of Protocol V. proximity to a person. the possible development of a legal instrument on explosive ordnance, as well as for generic and cluster munitions under the Convention on Certain voluntary prevention measures. So far, 48 countries Experts from the mine-ban treaty Implementation Conventional Weapons has also continued and been have agreed to be bound by Protocol V. In July 2008, Support Unit, the Office of the High Commissioner Universalization monitored closely by UNMAT. much in advance of the Second Conference of for Human Rights (OHCHR) and ICBL were invited to High Contracting Parties to Protocol V, the President- deliver presentations at the event, which informed In 2008, UNMAS actively supported UN regional Under the leadership of UNMAS, the IACG-MA designate (the Ambassador of Lithuania) undertook participants on the components of victim assistance seminars to promote the universality of the successfully contributed to the process that led informal consultations, appointed coordinators and widely supported aspects of this pillar. Convention on Certain Conventional Weapons, an states to adopt the Convention on Cluster Munitions. for specific items and chaired a group of experts. initiative of the Office for Disarmament Affairs In coordination with UNMAT members, UNMAS UNMAS will continue ensuring UN support for the financed by the European Union through a European is responding to the new treaty mandates and UNMAS participated in many of these consultations, implementation of Protocol V and the universaliza- Council joint action. With its own resources, UNMAS emerging realities on the ground by providing providing technical advice and inputs to the tion of the treaty in 2009. prepared and delivered presentations at all regional technical assistance and advice to initiatives coordinators on national reporting and an Article 4 seminars and chaired some of their sessions. aimed at destroying cluster munitions and stockpiles electronic template (initiated by UNMAS in 2006), Seminars were held in Santo Domingo, Lomé (two in countries beyond those in which it is currently victim assistance, generic prevention measures, and Mines Other Than Anti-Personnel Mines sub-regional seminars), Almaty, Rabat and operational. UNMAS is also preparing to provide Kathmandu. effective assistance and expert advice to the entity The UNMAS-coordinated statements of UNMAT to designated to serve as the secretariat for the states the Meeting of States Parties to the Convention on The universalization of the convention, particularly of parties to the convention. Certain Conventional Weapons and to the 10th Amended Protocol II and Protocol V, represents an Annual Conference of High Contracting Parties to important advocacy objective for UN mine action. UNMAS extensive knowledge of ERW helped it Amended Protocol II in November 2008 highlighted UNMAS plays a leading role in UNMAT in assisting to provide expert technical advice throughout 2008 the need to enhance existing international rules for the advocacy initiatives of other partners in both to the Oslo Process and to the discussions on anti-vehicle mines and other mines not categorized the IACG-MA. cluster munitions by the Convention on Certain as anti-personnel. These new rules could be Conventional Weapons’ Group of Governmental established either by amending Amended Protocol II Experts. This expert advice included the participation or through a new protocol to the convention. The The Legal Framework for Cluster Munitions: of the programme manager of the Mine Action statements also supported the proposal of the The Convention on Certain Conventional Coordination Centre-South Lebanon (MACC-SL), President of Amended Protocol II to establish an Weapons and the Oslo Process awarded for its achievements in cluster munitions informal open-ended group of experts to consider clearance, in all relevant meetings in 2008. matters arising from national reports and the Since the 2007 UNMAS Annual Report, much has development of technology. happened in the arena of cluster munitions. UN These inputs were commended and widely Member States supporting the Oslo Process on appreciated by delegations and participants in the The agreed position of UNMAT is that these mines cluster munitions met in Wellington (18–22 various processes. In particular, during the Oslo Photo: Arne Hodalic should be detectable by commonly available means, February) and in Dublin (19-30 May), where they Process, UNMAS support included clarifying the should be fitted with self-destructing and self-deac- adopted the Convention on Cluster Munitions. characteristics and effects of different kinds of 20 21
  12. 12. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 sub-munitions, thus facilitating the identification provides post-conflict remedial measures and some In terms of participation, the Convention on Certain The Oslo Process of an adequate definition of cluster munitions and generic preventive measures of a non-legally bind- Conventional Weapons includes all major military sub-munitions that cause unacceptable harm ing nature. It does not outline restrictions on the use powers, and the main users and producers of cluster In 2006, the Norwegian Government announced to civilians. of any weapon, nor does it require cluster munitions. It may capture important states parties its intention to establish a new international munitions to achieve a low failure or “dud” rate. not participating in the Oslo Process. Fewer states process to agree on a treaty on cluster bombs. A During negotiations on cluster munitions under the Thus, it does not address the effects of cluster affected by cluster munitions are involved in the conference was convened in February 2007 in Convention on Certain Conventional Weapons, munitions at the time of use or the dangers for Convention on Certain Conventional Weapons Oslo, where 46 nations agreed to a declaration UNMAS actively engaged with country delegations, civilians caught in a cluster munitions attack. Cluster process, however. At the Group of Governmental committing to concluding a treaty banning either in session or on a bilateral basis, to inform munitions account for a high percentage of UXO Experts meeting held from 14-18 January 2008, cluster munitions in 2008. The group of states them about field-based technical inputs to consider in post-conflict areas. They require a more specific many delegations noted that the convention and the spearheading the Oslo Process has included when seeking a realistic definition of cluster legal regime than the one provided by Protocol V Oslo Process are complementary and mutually Austria, Ireland, Mexico, New Zealand, Norway munitions, and determining their post-conflict to address comprehensively all the problems reinforcing (as had been stated earlier by the UN and Peru. impacts on civilians versus their military utility. they cause. Secretary-General). Some argued that the Oslo Process should be supplementary to the work of the States that subscribed to the Wellington Declaration In 2008, states parties began to negotiate a propos- convention and recognize the military necessity of in February 2008 were able to participate in treaty The Convention on Certain Conventional al in the Group of Governmental Experts to address cluster munitions for certain states. negotiations at the Dublin Diplomatic Conference Weapons Process the humanitarian impacts of cluster munitions, while from 19 to 30 May. The Convention on Cluster balancing military and humanitarian considerations. Munitions was adopted by 107 states following The Convention on Certain Conventional Weapon At the April meeting of the group, an increasing negotiations there, and opened for signature in aims to protect military troops from inhumane number of delegates began referring to the final Oslo on 3 December. injuries and prevent civilians from being harmed by outcome of this process as a new protocol banning certain types of arms. When the original convention at least certain kinds of cluster munitions and The signing conference concluded on 4 December entered into force in December 1983, it applied to regulating the use of these weapons. with close to 100 state actions, including 94 incendiary weapons, mines and booby-traps, and signatures, 4 ratifications and 1 provisional weapons designed to injure through very small At the November meeting in Geneva, Chairperson application. The convention will be open for signa- fragments.1 Since then, states parties—now totaling Ambassador Wigotski of Denmark produced the text of ture at UN Headquarters in New York, until it enters 108—have added provisions to ban the use of a draft protocol on cluster munitions to serve as the basis into force after the 30th instrument of ratification is blinding laser weapons, and address lingering for negotiations. The group informed states parties that deposited. dangers posed by unexploded munitions and it did not conclude its negotiations on the text and abandoned explosive ordnance. Protocol V on ERW recommended additional negotiations in 2009 without There are 20 states that are not party to the was negotiated by the convention’s Group of prejudice to any present or future proposals. To date, Convention on Certain Conventional Weapons Governmental Experts in 2003 and adopted by this process has been less dynamic and ambitious than participating in the Oslo Process, making the meeting of states parties the same year. It that of the Oslo Process, which has negotiated a it a globally representative forum. Participants cover entered into force on 12 November 2006 legally binding treaty. The lack of agreement on a new all world regions and include representatives from and currently has 40 states parties. Although the protocolleavesthe Convention on Cluster Munitions as 19 producer states, 7 states that have used cluster protocol is a step towards reducing the impacts the only international instrument that specifically deals munitions, 34 states that have stockpiles Photo: Mark Craemer of unexploded sub-munitions, the instrument mainly with these weapons. and 11 states affected by the weapons. 22 23
  13. 13. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 Similarities and Differences Between fewer than 10 explosive sub-munitions and those Alternatively, some states have sought exclusions by taining particular technical features should not be the Convention on Certain Conventional equipped with an electronic self-destruction or proposing that weapons with 10 or fewer defined as cluster munitions because they meet the Weapons and the Oslo Process self-deactivating mechanism. sub-munitions or weapons with sensor-fusing should humanitarian requirements that the Oslo Process not be considered cluster munitions at all.4 Yet these seeks to achieve. The UN common position on this issue, based on states have offered little proof as to how such Definitions its work on the ground, is that all cluster features would limit the humanitarian impact during munitions cause unacceptable harm to civilians or after attacks. In principle, exempted weapons fall UN Assessment Defining cluster munitions was critical for the and should be prohibited. under the definition of cluster munitions, whereas purpose of a ban, as this directly affects the clas- those excluded from the definition are not regarded Based on the experiences of UN agencies, all cluster sification of weapons and the designation of as cluster munitions for the purpose of a specific munitions used so far, and those that are stockpiled, exemptions or exceptions. Before 2008, there Exemptions vs. Exclusions instrument. cause unacceptable harm to civilians. was no universally agreed-upon definition. Generally, any weapon that releases multiple Some states, particularly those that produce cluster explosive sub-munitions may be considered a bombs, have called for exemptions that will permit Restriction vs. Total Ban Interoperability form of cluster munitions. them to keep some of their own weapons systems. Those seeking exemptions from a ban argue that the This matter is closely tied to the issue of definitions, Interoperability, like the definitions of cluster muni- In defining cluster munitions that have caused most modern bomblets have self-destruct systems, since some states that are not signatories of the tions, has been an issue that received much extensive humanitarian problems, the ICRC uses which are designed to eliminate the long-term risk to Convention on Cluster Munitions may be able to attention during the Oslo Process meetings. The the terms “inaccurate” and “unreliable.” Specific civilians if they fail to detonate. avoid regulation if a particular type of weapon United Nations consulted with its Office of Legal factors that could be included in defining escapes classification as prohibited. The different Affairs on the implications of a possible cluster weapons are: dud rates/failure to detonate upon Photo: Mark Craemer positions are briefly outlined below: munitions treaty, asking if the convention raised impact, inaccuracy, malfunctioning, the number issues of interoperability for UN operations—for of sub-munitions and the ability to be targeted example, a situation in which a state party partici- accurately. 3 Convention on Certain Conventional Weapons Process pates in a UN peacekeeping operation or other authorized |operation together with states that are The development of a definition for cluster muni- Restriction on use will focus on failure and reliability not party to the convention, and which use or trans- tions was pivotal in the negotiations of the thresholds or rates to limit the use of cluster fer cluster munitions in that operation. The outcome Convention on Cluster Munitions. In Dublin, munitions that are more likely to cause humanitarian of the discussion was that the United Nations was states parties were able to determine which harm. not in a position to interpret the provisions of the weapons pose humanitarian problems and which convention or an individual state’s obligations. possess characteristics that warrant exclusion or Rather, it is up to the state party to “decide whether exemptions from the ban. Article 2 of the conven- Oslo Process their mere participation in the operation (hypothet- tion defines cluster munitions as “a conventional ically using cluster munitions) would be in violation munition that is designed to disperse or release It advocated for a total ban on cluster bombs that of their treaty obligations not to ‘assist,’ ‘encourage’ explosive sub-munitions each weighing less than cause unacceptable harm to civilians. The or ‘induce’ such use. The operation, however, would 20 kilograms, and includes those explosive sub- Government of Norway expressed the notion that not be considered to be in violation of any munitions.” It excludes, inter alia, weapons with weapons capable of engaging point targets and con- international law principle if the use of cluster 24 25
  14. 14. 2008 Headquarters Coordination and Thematic Activities Headquarters Coordination and Thematic Activities 2008 ?munitions was otherwise lawful.” At the Stockpile Destruction and Transition Periods marking of ERW, mine risk education and victim participating in the Oslo Process in favor of the Wellington Conference in February 2008, a assistance—and international cooperation and Convention on Certain Conventional Weapons.2 group of like-minded states emerged and Convention on Certain Conventional Weapons process: assistance. Some countries together with the expressed their concerns about interoperability One advantage of this process is that it captures ICRC have called for the addition of victim assis- with regard to joint operations with states not the major users and/or producers of cluster muni- tance provisions in a new protocol, while others Promoting the Rights of Persons party to the convention. Some countries tions, a number of which are not participating in the prefer not to see victim assistance provisions with Disabilities advocated for the inclusion of language that Oslo Process. But some proposals have included a repeated in a new protocol. would enable them to participate in the joint transition period during which states can continue The Convention on the Rights of Persons with planning or execution of military activities with to use, with certain limitations, any cluster muni- Oslo Process: For clearance and risk mitigation Disabilities and its Optional Protocol were opened states that are not parties, and that engage in tions they choose, even outdated ones with high activities, the Convention on Cluster Munitions for signature on 30 March 2007. The convention activities prohibited under the new convention. dud rates. instructs states parties to take into account inter- entered into force on 3 May 2008, and by the end of The possibility of states introducing reservations national standards, including the International 2008, some 42 states had ratified it, including some to the convention on this issue was discussed. Oslo Process: Transition has been a contentious issue Mine Action Standards (IMAS). Mine action affected by landmines and/or ERW. Twenty-five The subject remained unresolved at the during negotiations. Some countries have proposed a is nevertheless comprehensively addressed by states had ratified the Optional Protocol. The conclusion of the Wellington Conference. transition period allowing continued use of the the convention. convention provides explicit guidance to countries weapons for years after they have been banned. At affected by landmines and ERW regarding the rights The Wellington Declaration introduced language the Wellington Conference, a number of states pro- of survivors. It will help states fulfil victim assistance to accommodate the divergent views of posed transition periods for the entry into force of Next Steps obligations pursuant to Article 6 of the mine-ban delegations on this and other issues. Signed by specific obligations restricting the use, development, treaty and Article 8 of Protocol V of the Convention 82 states, it affirmed the objective of concluding production, acquisition, retention and transfer of the The successful conclusion of the Oslo Process at on Certain Conventional Weapons. In addition, at the Dublin conference a legally binding prohibited cluster munitions. the Dublin Diplomatic Conference put added Article 5 of the new Convention on Cluster international instrument prohibiting cluster pressure on states participating in the Munitions contains victim-assistance-related obliga- munitions that cause unacceptable harm to At the Dublin conference, proposals for transition Convention on Certain Conventional Weapons to tions along with the principle of non-discrimination civilians. The declaration was signed by a periods allowing states to use the weapons for reach a new accord by the November 2008 meet- against victims—including those who are not cluster number of the like-minded countries, but some between 7 and 12 years were quashed by affected ing of states parties.6 The meeting did not reach a munitions victims. UNMAS participated in the first expressed disappointment at the “lack of trans- states. Stockpiles of existing weapons must be decision on a protocol on cluster munitions, how- session of the Conference of the States Parties to the parency” in the management of the Oslo destroyed within 8 years.3 ever, indicating how polarizing the issue is. The Convention on the Rights of Persons with Disabilities Process. Interoperability, transition periods, Group of Governmental Experts on cluster muni- from 31 October to 3 November 2008 in New York. definitions, deadlines for stockpile destruction, tions will continue its negotiations in 2009. and retention of cluster munitions for training Clearance and Risk Mitigation, Victim Assistance and Although an agreement is unlikely to result in UNMAS, as the DPKO representative in the Inter- and research purposes were the key issues that International Cooperation a limitation on cluster munitions that is as Agency Support Group (IASG) on the Convention on arose in the Committee of the Whole during the comprehensive as that negotiated under the Oslo the Rights of Persons with Disabilities, participated Dublin conference, 5 with some countries citing Convention on Certain Conventional Weapons Process, many hope that a legal instrument, in the second meeting of the group, held in Geneva interoperability concerns to justify non-signa- process: Many delegations stressed the impor- possibly of a more technical nature than the on 19-20 June. It prepared a report on DPKO ture of the convention. Interoperability has not tance of linking a new protocol on cluster muni- Convention on Cluster Munitions, will be developments related to the convention, which was been addressed by the Convention on Certain tions to Protocol V with regard to provisions on negotiated by cluster munitions stockpilers and submitted during the meeting. The IASG was estab- Conventional Weapons process. mine action activities—such as clearance and producers, since they have largely refrained from lished to promote and assist in the implementation 26 27