Eradication of anti-personnel landmines

Approval and ratification of the Ottawa Convention

The National Government shares the humanitarian principles behind the Convention, and has promoted its ratification by Colombia. In the first half of 1998 it was laid before Congress for approval. The bill was finally passed and became Law 548 of 1999, sanctioned last January by the President. It is now under review by the Constitutional Court, which will be followed by the ratification procedure.

Once the Convention enters into force in Colombia, that is, 6 months after the instrument of ratification has been deposited, the State will have to comply with the regulations laid down in the Convention, particularly as regards the destruction of all mines that are under its jurisdiction or control. For this it has a maximum period of four years. According to the stipulations of the Convention, Colombia undertakes never under any circumstances to use, develop, produce, acquire, stockpile, retain or transfer these devices, with the exception of the minimum number absolutely necessary for the development of, and training in, mine detection, mine clearance, or mine destruction techniques. In addition, the State undertakes to destroy all anti-personnel mines laid in the whole of the national territory, for which it has a period of 10 years. Compliance with this provision is impeded by the armed conflict. However, the Convention stipulates that an extension may be provided for a period of up to ten years. In other words, there may be a period of up to 20 years for completing the destruction of anti-personnel mines.

Putting an end to the use of anti-personnel mines and booby traps by the armed groups, is part of the policy on the promotion of international humanitarian law, a policy which is being pursued by the present government under the leadership of the Vice President's Office, and is linked to the peace process.

For their part, the Military Forces, and the Colombian Military Industries (INDUMIL) in particular, suspended the production of this kind of weapons when the Convention was signed.

Attention to victims must be stepped up. Integral attention efforts are currently concentrated at Bogotá Military Hospital, but are still inadequate for an effective social and economic integration of those affected. The attention to victim's scheme, established by Law 418 of 1997 and extended by two years in December 1999, operates on the basis of paying compensation. Nevertheless, it is necessary to go further, giving attention to the individual and their psychological and social recovery.

Because of the high cost of mine clearance and destruction of mines in mined areas, and the substitution of mines for other systems for the protection of installations which currently require this kind of defense, Colombia will appeal to the international community for assistance to be able to fulfill its obligations. This is in keeping with the Convention's provisions regarding cooperation and assistance.

The government is now in the process of designing a policy to address the main issues relating to anti-personnel landmines, including attention to those affected, prevention of landmine accidents, prevention of the use of landmines, and eradication of these devices. The government is now preparing an official document of the National Council for Social and Economic Policy (CONPES Document), for the purpose of giving the policy an institutional framework and making the necessary budgetary provisions for the achievement of its objectives. In addition, it has incorporated into the Plan Colombia a campaign to raise public awareness, prevent accidents and destroy the landmines that have been planted. The policy, and the progress made in connection with it, will enable Colombia to meet the commitments it made by signing the Convention, and adopt the relevant administrative and legislative measures to comply with the instrument's provisions. Colombia shall report to the international community on the action taken with regard to demining, attention to victims and the designing of an integral policy.