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Lekota: Anti-Personnel Landmines Bill (05/06/2003)

5th June 2003

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Date: 05/06/2003
Source: Ministry of Defence
Title: Lekota: Anti-Personnel Landmines Bill


SPEECH DELIVERED BY THE MINISTER OF DEFENCE, MR M LEKOTA, AT NATIONAL COUNCIL OF PROVINCES, ON ANTI-PERSONNEL LANDMINES BILL, Cape Town, 5 June 2003

Conflict in Africa often involves irregular forces whose actions frequently defy the definitions of international law or happen miles away from formal state control or international observation. Cheap weapons like landmines have frequently become the "weapon of choice" where difficult terrain, atrocities and skirmishes used alongside domestic agricultural implements like machetes or pangas become lethal in the hands of those determined to turn them against our brothers and sisters.

We are making great strides to end conflict in our region and on our continent. One of the major challenges in the course of that effort is to overcome the indiscriminate use of cheap weapons as lethal objects, not least because their effect is excessively injurious to people.

The landmine has been described as the perfect soldier. Undetected till it is too late, never missing, never sleeping, always silent.

Let's pause briefly to consider the lifespan of these dreadful weapons. The mine is laid, often as a booby trap. It is put in place often in agricultural land, frequently by a terrified youngster, who can't wait to get as much distance between himself and the minefield. Probably he recalls the instructor describing what it can do; even more probably he has seen the amputees or heard his comrades crying out in pain alone in the dark in a minefield where no-one will dare to go to his assistance. At a later stage, often years later, there is an explosion killing or maiming a child, who, on his or her way to collecting water or fetching wood, looked at it curiously before trying to pick it up, or unknowingly runs along a track before stepping on it. If he or she is lucky, temporary blindness, and perforated ear drums, besides their sheer terror is all they will suffer. Maybe, but not likely. More frequently, the victim must trek for miles to a clinic, if there is one, in a rural area where there is unlikely to be any extra blood, and probably few bandages or painkillers. If he or she is lucky enough to survive, a prosthesis will be fitted, but the child will have to undergo surgery every three to six months as the bone continues to grow and causes great discomfort as it sticks into the artificial limb.

I do not exaggerate either the identity of the victim as a civilian and probably a child; nor can I even begin to describe the horror of these weapons sufficiently.

The International Committee for the Red Cross reports that the only purpose for which mines have been used with total success by the mine-layer and with total impact on the target is for the containment or harassment of civilians. The main characteristic of a mine is that it is designed to be victim actuated. Totally unprepared for the effects of mine warfare, civilians suffer terribly. A shocking statistic is that 1 in 470 people in Angola have had one or more limbs amputated. Even the shortest visit to many of our capital cities like Luanda or Maputo, or to rural areas in these countries of Rwanda, DRC, or northern Namibia reveals the successful strike of the mine. Compare this with one in 22,000 in mine free USA!

The International Committee of the Red Cross states that these weapons currently claim some 2,000 victims a month and over the last 50 years have probably inflicted more death and injury than nuclear and chemical weapons combined.

Landmines, which were originally conceived to counter the use of tanks and other armoured vehicles, have been increasingly designed to target human beings. The United Nations has reckoned that landmines are at least ten times more likely to kill or injure a civilian after a conflict than a combatant after hostilities.

Soon after the first democratic elections in 1994, the South African Government took up the issues raised by the fight against the manufacture and use of AP landmines.

In 1996, we prohibited the export of all types of landmines. In 1997, we prohibited the use, development, production and stockpiling of AP landmines. By 1998, 312,000 AP landmines held by the Department of Defence had been destroyed.

South Africa has sought to operationalise the Mines Ban Treaty by preparing the Anti-Personnel Mines Prohibition Bill, which is before us today.

Angola's recent ratification of the Mine Ban Treaty now means that all SADC countries are on board and under the umbrella of the Convention. This must now be taken forward by promulgating domestic legislation and penal sanctions to give effect to the Convention.

South Africa's ratification of this legislation has its roots in the international campaign to rid the world of AP landmines. We should be aware that some of the munitions that are raining down on Baghdad as we speak are not covered by the definitions contained in this legislation. It is clear that the cluster bomb in particular, acts in a very similar way to the AP landmine. They are small, scattered, silent and objects of curiosity to children. Governments in conjunction with their defence forces have to actively revisit their military doctrine to eradicate use of these weapons. Governments also need to ensure that public awareness is such that if conflict breaks out, the use of mines or the hacking off of limbs is considered so repulsive that their use will unconditionally and unanimously be condemned by all participants in such conflicts.

The focus of our immediate efforts should now be to rid the SADC of the scourge of landmines.

NEPAD's Peace and Security Initiative focuses on building Africa's capacity to manage all aspects of conflict by strengthening existing continental and regional institutions that deal, amongst others, with combating the illicit proliferation of small arms, light weapons and landmines.

South Africa is playing a leading role in de-mining, in the training of de-miners and in improving the cost efficiency of operations. When the South African government approved the restructuring of Mechem, Denel's de-mining technology powerhouse, government insisted that the de-mining component would neither be shut down nor privatised precisely because it is a critical component of humanitarian assistance that must not be driven by profit. Local community participation and education are central to this assistance.

We would also urge the wider de-mining industry to adopt a code of conduct that is respected and implemented by all.

South Africa remains totally committed to the banning of AP landmines, the destruction of existing stockpiles, mine awareness, the clearance of emplaced mines and victim assistance. We would urge those countries which have not yet passed legislation such as this Bill, to do so urgently.

Peace and security in the region and on our continent must remain a top priority for South Africa.

I thank you.

Issued by Ministry of Defence
5 June 2003
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