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Key developments since March 1999: India ratified CCW Amended Protocol II on 2 September 1999, exercising the nine-year deferral period. India is making its stockpile of M14 antipersonnel mines detectable. India states it has cleared 8,000 mines planted by intruders during the 1999 conflict in the Kargil area of Kashmir. Officials report 835 civilian casualties to mines and IEDs in the state of Jammu and Kashmir alone in 1999.
India has not signed the 1997 Mine Ban Treaty. While expressing support for the eventual elimination of antipersonnel mines, India has been critical of the Ottawa Process and the Mine Ban Treaty itself.
While India voted in favor of the 1996 UN General Assembly Resolution urging states to vigorously pursue an international agreement banning antipersonnel mines, it has been among the small number of states to abstain on the pro-Mine Ban Treaty UNGA resolutions in 1997, 1998, and 1999. India did not attend the First Meeting of States Parties to the Mine Ban Treaty in May 1999 and has not participated in the Mine Ban Treaty intersessional Standing Committee of Experts process, even though a large number of non-signatories have done so.
India’s position on a ban has changed little in recent years. Ambassador Savitri Kunadi articulated the Indian government’s approach to AP mine elimination in December 1999:
India remains committed to the objective of a non-discriminatory, universal and global ban on anti-personnel mines through a phased process that addresses the legitimate defence requirements of States, while at the same time ameliorating the humanitarian crises that have resulted from an irresponsible transfer and indiscriminate use of landmines.... The process of complete elimination of APLs will be facilitated by the availability of appropriate non-lethal alternative technologies.... We had proposed and remain prepared for a complete prohibition of the use of landmines...in non-international armed conflicts, i.e. internal conflicts.... In fact, we believe that use of anti-personnel landmines should only be permitted for the long-term defense of borders, perimeters and peripheries of States.... We...favor an outright ban on transfers rather than attempts to restrict transfers.... [W]e could in fact start by addressing a ban on transfers in the Conference on Disarmament.... India has always observed a unilateral moratorium on export of landmines. India calls upon all States to do so.[1]
Ambassador Kunadi also stated, “We believe that increased transparency and regular exchange of information would be useful in enhancing confidence.”[2] But India has refused to provide even basic details to Landmine Monitor on its production or stockpiling of antipersonnel mines.
India ratified Amended Protocol II (Landmines) of the Convention on Conventional Weapons (CCW) on 2 September 1999. In doing so, it decided to exercise the option to defer implementation of key provisions of the protocol for nine years. India views Protocol II as the best international instrument to address the global mine problem.
India has produced two types of antipersonnel landmines, both copies of U.S. mines: the M16A1 bounding fragmentation mine, and the APNM M14 pressure initiated blast mine. The M14 has less metallic content than required by Amended Protocol II. Thus, to be in compliance with the protocol, India must cease production of this mine, and continued use is conditional upon making it detectable. In its report required by Article 13 of Amended Protocol II, India said that “production agencies have been instructed to cease production of landmines incompatible with the Amended Protocol II.”[3]
It appears India will be producing new mines that meet Protocol II standards. The Article 13 report states, “India is taking the necessary steps to render existing stocks as well as new designs [emphasis added] fully compliant with the relevant provisions of Amended Protocol II.... Further, the Defence Research and Development Organisation (DRDO) has designed devices equipped with self-destruction and self-deactivation features. Devices that have fulfilled the required design parameters are undergoing user trials.”[4]
Various armed groups in India have manufactured improvised explosive devices (IEDs).
According to the government, “India has never exported landmines and has formally announced [a] moratorium, of unlimited duration, prohibiting the export of landmines.” [5] The comprehensive moratorium was announced on 3 May 1996. India has called for a global ban on transfers, and suggested the Conference on Disarmament as the best forum.[6] There is no evidence of Indian exports of AP mines. Information is not available on any Indian import of mines.
Insurgent groups have obtained mines mostly through the global clandestine arms trade. However, it appears the militants in Kashmir have obtained and used mines manufactured by the Pakistan Ordnance Factory. During interviews with senior Border Security Force officials and Army officials in Kashmir, a Landmine Monitor researcher was shown, and took photographs of, recovered mines, both antipersonnel and antitank, that had the seal of the Pakistan Ordnance Factory on them.[7]
India’s antipersonnel mine stockpile may number as many as four to five million, according to some non-Indian governmental sources, although confirmed details are not available.[8] The great majority of mines in the stockpile are believed to be the Indian APNM M14 mines. India’s Article 13 report states that India will make the M14 mines detectable and therefore compliant with Amended Protocol II: “This includes a simple and cost-effective technique to render mines detectable by strapping a 8mg metal strip on M14 mines in accordance with the provisions of the Amended Protocol. The Director General of Quality Assurance in the Ministry of Defence has been tasked with ensuring the detectability of existing stocks. The entire stock of antipersonnel landmines would be rendered detectable within the stipulated time period.”[9] India will have nine years to complete the process.
India has charged that “during the intrusions in India’s Kargil areas [in June-July 1999] large scale and indiscriminate laying of anti-personnel landmines, including both metallic and plastic APLs and special snow type devices, was resorted to by the retreating intruders.”[10] The Indian government indicated that a total of 8,804 mines had been recovered, and that fifty-two Army personnel were injured due to landmines (See Pakistan report for additional details).[11]
There were some allegations of use of mines by Indian forces, but these were denied by India and no evidence has been found.[12] One news story that focused on use of mines by “Pakistani-backed intruders” ended with the following: “But India uses landmines, too. ‘We also use anti-infiltration mines,’ said an Indian army official, who asked not to be identified.”[13]
India has called for a complete prohibition of the use of landmines except in international armed conflicts, and has also said that use of antipersonnel landmines should only be permitted for the long-term defense of borders. In December 1999 Ambassador Kunadi said, “For its part, India has never used and remains committed not to use landmines in armed conflicts not of an international character, ” and that “the restraint characterizing the use of landmines by Indian forces has been widely acknowledged.”[14]
India states, “There is no peacetime deployment of landmines by the armed forces.”[15] According to the Army, no mines are laid for border protection or to prevent armed infiltration, such as in Jammu and Kashmir. The minefields are to be laid only when hostilities are imminent, and are to be used only by the Army. The police and paramilitary forces are not authorized to hold mines.[16]
Armed groups in India have used a wide variety and type of both regular mines as well as improvised explosive devices, and such attacks continue to this day.[17]
The following chart shows the number of mines and IEDs recovered in Kashmir from militant forces by Indian security forces, according to the Jammu & Kashmir Police. It appears to show that the use of antipersonnel mines by militants has been on the decline, while the use of IEDs has been on the rise.
Mines and Improvised Explosive Devices Recovered in Kashmir, 1990-1999
Year Antipersonnel Mines Antitank Mines IEDs 1990 723 27 - 1991 123 13 8 1992 212 14 86 1993 570 22 136 1994 989 17 126 1995 529 101 811 1996 517 35 245 1997 373 35 1020 1998 471 70 514 1999 261 44 466 TOTAL 44,768 382 3,422
(Source: Jammu & Kashmir Police)
The People’s War Group in Central India (Andhra Pradesh state) has also been using mines and IEDs. On 7 March 2000 Andhra Pradesh Panchayat Raj Minister Madhav Reddy was killed in a landmine blast.[18] According to the state government of Andhra Pradesh, from 1987 to 1999 there were 113 landmine and IED incidents, resulting in 63 civilians killed and 65 injured, as well as 178 policemen killed and 224 injured.[19]
The Indian Government states that there is no problem with uncleared mines in India: “India is not a mine afflicted country.”[20] Still, there have for years been reports indicating that there are uncleared mines along the India/Pakistan border in Kashmir and along the India/China border. It appears that there are still mines in Kashmir laid in the 1965 and 1971 conflicts, still claiming victims. Retired Lt. Colonel Man Singh of the Indian Army, who fought in both wars, stated that “antipersonnel mines planted in 1965 in Poonch, Nawgoan, Uri, and Kyan Bol in forward areas are still not taken away. When snow melts, due to shifting of the antipersonnel mines, there are still antipersonnel mine casualties.”[21]
There also appear to be landmines remaining from the India-China conflict in 1962, including in Ladakh and Arunahal Pradesh. The mines are in extremely remote, almost uninhabited, high mountain regions, but some mine casualties among the local population in Arunachal Pradesh have been reported.[22]
While not making financial contributions, India has provided significant assistance internationally in the fields of mine clearance and victim assistance (see below).
The Indian armed forces have very extensive mine clearance capabilities. Its large engineering corps would be able to field hundreds of mine clearance teams. Following the fighting in Kargil in the summer of 1999, India reports that the “Corps of Engineers of the Army have taken steps to clear the area of all mines,” and that members of the Indian forces suffered injuries during the clearance operations.[23]
Beginning with the Congo mission in 1963, India has been extensively involved in the UN mine clearance and rehabilitation programs, in places including Cambodia, Angola, Mozambique, Rwanda, Somalia, and Bosnia. Currently they are involved in the peacekeeping mission in Sierra Leone. Their services have included “establishing mine clearance and mine survey teams, actual mine clearance tasks, developing of databases on landmines, area fencing duties, sensitizing local populations to the threat of landmines, setting up specialized clinics providing prosthetic aids as well as conducting workshops on prosthetic devices.”[24]
The Indian Campaign to Ban Landmines (IIPDEP) believes that there is a need for mine awareness programs in India. As a public education and awareness campaign, it has arranged three National Conferences and eighteen Regional Seminars and Photo Exhibitions in state capitals and major cities.
There are regular press accounts of landmine incidents and casualties in Jammu and Kashmir and elsewhere due to insurgent activities. The Indian Campaign to Ban Landmines has appointed twelve field workers, who are visiting border villages in the Jammu region and collecting information about mine victims.
Following are some statistics provided by Indian government sources on mine casualties in certain regions. In the state of Jammu and Kashmir, from 1990-1999 a total of 889 civilians were killed and 7,798 injured by mines and IEDs. From 1994-1999, there were 1,461 mine and IED casualties in Kashmir valley, and 561 in Andhra Pradesh from 1989-1999.
Civilian Casualties due to Mines and IEDs in State of Jammu and Kashmir
Year Civilians Killed Civilians Injured 1990 12 185 1991 41 551 1992 98 683 1993 79 719 1994 120 1196 1995 153 1021 1996 106 1153 1997 85 756 1998 103 786 1999 92 743 Total 889 7,798
(Source: Jammu and Kashmir Police)
Mine & IED Incidents and Casualties in Kashmir Valley[25]
Year Incidents Army Civilians Others[26] Killed Injured Killed Injured Killed Injured 1994 59 18 45 13 44 04 13 1995 169 54 168 35 91 10 53 1996 128 11 66 27 41 09 48 1997 60 14 66 17 96 08 36 1998 70 05 29 21 76 09 25 1999 103 26 85 35 62 12 89 Total 589 128 459 148 410 52 264
(Source: State Government of Jammu and Kashmir)
Mine & IED Incidents and Casualties in Andhra Pradesh
Year Incidents Policemen Civilians Militants
Killed Injured Killed Injured Killed Injured 1989 3 7 1 14 6 0 0 1990 3 1 8 0 0 0 0 1991 13 27 31 11 3 4 0 1992 24 44 38 5 20 22 0 1993 14 27 28 8 3 0 0 1994 24 14 25 5 5 3 0 1995 1 0 0 0 0 0 0 1996 8 12 11 1 3 0 0 1997 7 21 20 6 10 0 0 1998 10 15 56 10 15 0 0 1999 5 10 6 3 0 2 0 Total 112 178 224 63 65 31 0
(Source: State Government of Andhra Pradesh)
The government reports, “The Army’s Artificial Limb Centre at Pune plays an important role in the rehabilitation of victims of landmines in the broader framework of policies for the reintegration of such victims, which includes assistance for self-employment.... Indian medical agencies have developed prosthetics for mine victims. The most commonly used device is an artificial limb popularly known as the ‘Jaipur foot.’ India’s assistance to mine victims under international programmes has also included assisting mine victims with the Jaipur foot. New advances in this field are being constantly examined, including development of artificial limbs using new materials derived from polypropylene technologies. The Indian corporate sector has also assisted in this process.”[27]
The Indian Campaign to Ban Landmines reports that in its field work, it appeared that landmine victims were given proper medical treatment and that every victim encountered was fitted with a prosthetic by the government or the military.
<PEOPLE'S REPUBLIC OF CHINA | KIRIBATI> |
[1] Statement by Ambassador Savitri Kunadi, Permanent Representative of India, Permanent Mission of India to the United Nations (Geneva), to the First Annual Conference of States Parties to the Amended Protocol II to the CCW, 15 December 1999.
[2] Ibid.
[3] India’s National Annual Report in accordance with Article 13 of Amended Protocol II, 1 December 1999.
[4] Ibid. This was echoed by Ambassador Kunadi: “Self-destruction and self-deactivation devices fulfilling the required design parameter are undergoing user trials.” Statement to the First Annual Conference of Amended Protocol II, 15 December 1999.
[5] Statement by Ambassador Kunadi to the First Annual Conference of Amended Protocol II, 15 December 1999.
[6] Ibid.
[7] Interviews with senior Border Security Force officials and Army officials in Kashmir, BSF Camp and Army Headquarters in Sri Nagar, 6-9 January 2000.
[8] Estimate provided by government officials involved in discussions with the Indian government during the CCW negotiations.
[9] Protocol II Article 13 report, 1 December 1999.
[10] Ibid.
[11] “Mines Used by Pak Intruders,” statistics provided by Ministry of Defense, Government of India, data as of July 1999. One press account alleged use of 5,000 mines. Times of India, 24 July 1999.
[12] Amb. Inam-ul-Haque, Pakistan’s Ambassador to the UN in New York, told the ICBL that “according to some accounts, India had planted mines up to a depth of 5 to 10 km on its side of the border.” Letter to Stephen Goose, Chair, ICBL Treaty Working Group, 19 October 1999. In an interview on 5 October 1999, India’s UN Ambassador Kamalesh Sharma denied any Indian use of mines. The Taliban in Afghanistan has also accused India of providing “technical assistance” to opposition forces using Indian M14 and M16 mines inside Afghanistan. Pakistan TV: Indians Laying Mines in Afghanistan, FBIS Transcribed Text, 4 August 1999. There is no independent evidence to support this claim.
[13] “Indian Army on Eternal Landmine Alert in Kashmir,” Reuters, Poonch, India, 9 July 1999.
[14] Statement by Amb. Kunadi to the First Annual Conference Amended Protocol II, 15 December 1999.
[15] Protocol II Article 13 report, 1 December 1999.
[16] Landmine Monitor 1999 interview with former military officials.
[17] For extensive details on the armed groups and mine use, see, Mallika Joseph and Suba Chandran, Institute of Peace and Conflict Studies (New Delhi), “Use of Mines and IEDs by Non State Actors in South Asia,” May 2000. This paper was prepared for Landmine Monitor.
[18] “AP Minister’s cremation today,” The Hindu, News Update at 1800 hours (IST) on 8 March 2000.
[19] The state government, including the Director General of Police, Ministry of Home Affairs, provided this information. A year-by-year breakdown of incidents and casualties is available.
[20] Protocol II Article 13 report, 1 December 1999.
[21] Interviews with Singh and other former Indian military officials who attended the Workshops on Banning Landmines in three border villages in the Jammu region, 21-23 January 2000.
[22] Interviews with delegates from Arunchal Pradesh who attended the Regional Seminar & Photo Exhibition in Shillong state capital of Meghalaya in North East India on 4 March 2000.
[23] Protocol II Article 13 report, 1 December 1999.
[24] Ibid.
[25] Statistics provided pertain only to the Kashmir valley and not the entire state of Jammu and Kashmir.
[26] Includes other police and paramilitary forces operating in the region.
[27] Protocol II Article 13 report, 1 December 1999.
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