Policy

The Republic of the Union of Myanmar has not acceded to the Mine Ban Treaty. [1] In recent years, it has sent mixed messages about its position regarding the treaty.

In July 2012, Minister of Foreign Affairs U Wunna Maung Lwin stated that Myanmar was considering accession to the Mine Ban Treaty and it was reported that the government was no longer using landmines. [2] But in November 2012, at the Association of South-East Asian Nations (ASEAN) summit President Thein Sein stated, “I believe that for defence purpose, we need to use landmines in order to safeguard the life and property of people and self-defence.” [3]

In December 2013, Myanmar stated that its participation as an observer in the treaty’s Meetings of States Parties “clearly reflects our keen interest in the present and future work of the convention.” [4]

Despite not joining, Myanmar has participated in several Meetings of States Parties of the Mine Ban Treaty as an observer, including in 2013, 2012, 2011, 2006, and in 2003. It first participated in intersessional meetings of the treaty in Geneva in May 2013 and again in April 2014. However, Myanmar did not participate in the Third Review Conference held in Maputo, Mozambique, in June 2014 or the intersessional meetings held in Geneva in June 2015. [5]

A National Ceasefire Agreement (NCA), which was negotiated during the previous year and signed by eight ethic armed groups in October 2015, states that the parties to the agreement will “end planting of mines” and “cooperate on the process of clearing all landmines.” [6] (See Use by non-state armed groups, below.)

Myanmar was one of 17 countries that abstained from voting on UN General Assembly (UNGA) Resolution 69/34 on 2 December 2014, which called for universalization of the Mine Ban Treaty, as it has on all similar annual resolutions since 1997.

No parliamentary party has introduced legislation to ratify the Mine Ban Treaty, but disability rights legislation introduced in June 2014 references the rights of landmine victims. [7]

In April 2015, the Humanitarian Mine Action Initiative, a cluster of NGOs advocating for a landmine ban, led by Peace Myanmar Aid Foundation, organized an International Day of Mine Awareness and Assistance in Mine Action in Yangon. At the event, the Yangon Division Chief Minister stated,“Efforts are to be made to end the use of landmines. Special emphasis is being placed on the peacemaking processes as the clearance of landmines can be started after the ceasefire deal.” [8] Equality Myanmar distributed CDs of an anti-landmine music video featuring Burmese musicians at the event.

In December 2014, the Halt Mine Use in Burma/Myanmar campaign held a press conference in Yangon to launch the Landmine Monitor 2014 country report on Myanmar. [9] The campaign distributed 1,000 copies of the Burmese-language translation of the 2014 Myanmar country report. Previously in May 2013, the government for the first time accepted a high-level ICBL delegation that met with Minister U Aung Min, as well as with officials from the Ministry of Foreign Affairs, and with the Myanmar Peace Centre.

Use

Since the publication of its first report in 1999, Landmine Monitor has documented the use of antipersonnel mines by government forces and by non-state armed groups (NSAGs) in many parts of the country. Information collected by the Monitor indicates that in the second half of 2014 and first half of 2015 there were fewer credible allegations of mine use by the Tatmadaw (the Myanmar Armed Forces). Reports of mine use by opposition NSAGs have also diminished in this period.

In April 2014, UNICEF expressed its concern over new minefields being laid in armed conflict in Kachin State, but did not attribute the use. [10] Other UN reports and statements have expressed concern about landmines in Myanmar, but it is unclear if any are referring to new use in 2014 or 2015. In May 2014, the UN Secretary-General released the fourth report on Children and Armed Conflict, which continued to document child casualties in Myanmar from landmines and risks to children due to unmarked minefields. [11] In September 2014, the UN Special Rapporteur on the situation of human rights in Myanmar again called on the government of Myanmar to accede to the Mine Ban Treaty and noted that it had been three years since armed conflict had recommenced in Kachin and Northern Shan States and that people displaced by the fighting fear to return home as it was “riddled with landmines.” The Special Rapporteur noted that “progress has not been made in the mapping and locating as well as clearance of landmines.” [12] In July 2014, the spokesperson for the UNHCR in Thailand made clear that the existence of landmines and unmarked minefields are an impediment to any return of refugees to Myanmar. [13]

Government forces

In March 2015, villagers from Pyin Soe village in eastern Paletwa township of Chin State, near the border with Bangladesh, reported that they were warned by soldiers from Light Infantry Brigade 289 not to go beyond a stream near their village as the soldiers had laid mines on the other bank. [14] The villagers fled their village late in March due to fear of landmines. In September 2015, Myanmar Army soldiers asked villagers to take them to a front line location in Momauk township at which point the soldiers laid mines and warned the villagers not to come back to the area. [15] Landmines laid by government forces near their outposts in Kachin State continue to cause civilian casualties, however it is not known when the mines werelaid. [16]

Use by non-state armed groups [17]

Since 2011, when the government announced its intention to seek peace agreements with armed groups, it has held multiple meetings with almost every ethnic armed group in the country. The need to end landmine use and ensure clearance has been mentioned in several meetings. [18]

A draft of the text of the NCA provided to the Monitor states that the parties to the agreement will “end planting of mines” and “cooperate on the process of clearing all landmines.” [19] On 15 October 2015, the NCA was signed by eight ethnic armed groups, all of whom had previously engaged in mine warfare, including two factions of the Karen National Union, the Restoration Council for Shan State, the Arakan Liberation Party, the Pao National Liberation Organization, the All Burma Students Democratic Front, the Chin National Front, and the Democratic Karen Buddhist Army. [20] Monitoring of the ceasefire has yet to be agreed. There are no clear guidelines for interpretation or implementation of the mine related aspects of the ceasefire text. Several major armed groups remain outside the agreement.

No armed group unilaterally renounced antipersonnel mine use during the discussions with the government on a nationwide ceasefire. [21]

In March 2015, villagers from Pyin Soe village in eastern Paletwa township of Chin State, near the border with Bangladesh, reported that they saw the Arakan Army (AA) lay mines near the edges of their village during conflict between the AA and the Myanmar Army. The villagers fled their village late in March due to fear of landmines. [22] Since the resumption of armed conflict in Kachin State in 2013, mine warfare by the Kachin Independence Organization/Army (KIO/KIA) has been reported in the Monitor. In May 2015, the KIA sent a letter to several villages in Mogaung township notifying them that new mines were being laid there. [23] Although UNICEF expressed concern at new minefields being laid in the conflict in Kachin State it did not attribute the use (see above). In December 2014, the government published allegations of landmine use by the KIA, and stated that 10 people had died and 37 were injured due to KIA-laid mines between October 2013 and November 2014. [24] In July 2015, the Democratic Karen Benevolent Army (DKBA) allegedly laid mines during armed conflict with the army and border guard forces on the Asian Highway in Kawkareik Township, Karen State. [25]

The ongoing conflict in southern Kachin and northern Shan states have caused people to flee and landmine incidents and unexploded ordnance have been reported in Maing Khaung (Mansi township), Lwegel, and Namhkam from fighting in early 2014. Some internally displaced persons (IDPs) reported that paths to their villages are now believed to have been mined during or after clashes in April 2014. [26]

Backpack Health Worker Teams stated that armed conflict in Shan and Pao areas, including the presence of landmines, prohibited delivery of medical assistance, but did not make clear if the mines were newly laid or not. [27]

Production, stockpiling, and transfer

Myanmar Defense Products Industries (Ka Pa Sa), a state enterprise at Ngyaung Chay Dauk in western Pegu (Bago) division, has produced fragmentation and blast antipersonnel mines, including ones with low metal content. [28] Authorities in Myanmar have not provided any information on the types of mines it produces or the quantities of stockpiled antipersonnel mines it possesses. The Monitor has previously reported that, in addition to domestic production, Myanmar has obtained and used antipersonnel mines of Chinese, Indian, Italian, Soviet, and United States manufacture, as well as some mines whose origin has not been identified. [29] Myanmar is not known to have exported antipersonnel mines. [30]

Non-state armed group production, transfer, and stockpiling

The KIO, Karen National Liberation Army (KNLA), DKBA, Karenni Army, and the United Wa State Army have produced blast and fragmentation mines. Some also make Claymore-type directional fragmentation mines, mines with anti-handling fuzes, and explosive booby-traps. All units of the KNLA are reportedly able to manufacture and deploy bounding mines after training by a foreign technician. [31] Armed groups in Myanmar have previously acquired mines by removing mines laid by others, seizing Tatmadaw stocks, and obtaining mines from the clandestine arms market. [32]

In February and March 2015, government forces claimed to have recovered landmines on multiple occasions from Kokang insurgents. [33] In February 2015, police forces claim to have recovered a landmine among other weapons turned in during a surrender by KNU/KNLA (PC) combatants. [34] In July 2015, government and border guard forces claim to have recovered 50 landmines in two incidents, among other weapons, from the Karen Klo-Htoo-Baw Organisation, formerly DKBA Brigade 5. [35]