LM Report 2002

CHINA

MINE BAN POLICY

The People’s Republic of China (PRC) has not acceded to the Mine Ban Treaty. China continues to insist on a military requirement for antipersonnel mines at the present time, while acknowledging the importance of a total prohibition from a humanitarian point of view.

At the Third Annual Conference of States Parties to Amended Protocol II of the Convention on Conventional Weapons (CCW) in December 2001, Ambassador Sha Zukang stated:

There are currently two major international legal instruments on landmines: the amended Landmine Protocol...and the so-called Ottawa Convention... Both instruments are aimed at reducing and eliminating threats to civilians posed by APLs. They are complementary to each other. If we look at the issue exclusively from the humanitarian perspective, the approach of a total ban adopted by the Ottawa Convention is obviously the better of the two. Countries with a more benign security environment and less dependence on APLs can certainly opt for the Ottawa approach. We respect the sovereign choice by the states parties to the Ottawa Convention. However, for those countries with a more complex security environment and higher reliance on APLs thus unable to give up the right of the legitimate use of APLs for the purpose of self-defense, the amended Landmine Protocol becomes a natural choice. Striking an appropriate balance between humanitarian concerns and security needs, the amended Protocol attempts to address the humanitarian concerns through restrictions on the use of APLs and strengthened post-war demining efforts. It is fair to say that the two legal instruments share the same objectives.^[1]

In September 2001, China did not participate as an observer in the Third Meeting of States Parties. It did, however, participate in some of the Mine Ban Treaty intersessional Standing Committee meetings in January and May 2002. China was one of the nineteen states to abstain from voting on pro-ban treaty UN General Assembly Resolution 26/54M in November 2001.

On 4 November 1998, China ratified CCW Amended Protocol II and indicated it would exercise the optional nine-year deferral period for compliance with key restrictions. At the Second Review Conference of States Parties to the CCW in December 2001, China strongly opposed the proposal for an antivehicle landmine (AVL) protocol: “Further restriction on use of AVLs might help reduce the accidental civilian casualties caused by such weapons. However, we should recognize that the AVL is a crucial and irreplaceable means of national defense for many countries, including China. Any inappropriate restrictions on the use of AVLs may be detrimental to the security interests of those countries, which in itself runs counter to the basic spirit of humanitarianism.”^[2]

China submitted its national annual report as required under Article 13 of Amended Protocol II. China also produced a documentary film entitled “China in Action” to provide an introduction to China’s implementation of the Protocol for distribution to interested delegations upon request.^[3]

PRODUCTION

China is known as one of the world's largest producers of antipersonnel mines. China North Industries Corporation (NORINCO) and Chinese State Arsenals have been producing approximately twenty-two types of antipersonnel mines, six of which are based on Soviet designs and the rest of which are Chinese.^[4]

China reported that since 1997, it has ceased the production of antipersonnel mines without a self-destruct capability and, “Since 1999, China has stipulated that all the new APLs under research, development and manufacturing should have self-deactivation capability.”^[5] China also reported to have issued a document, “The Functional Requirements of Anti-Personnel Landmines of PLA in Compliance with Protocol II,” containing the requirements for the new production of antipersonnel landmines: “...the newly produced mines should be detectable to the extent that the mines should provide a response signal equivalent to a signal from eight grammes or more of iron in a single coherent mass with common-available mine-detectors.”^[6]

The 2001 Article 13 Report did not report on mines produced before 1997, and whether they were destroyed or whether 8 grammes of metal were added. Following a request from Landmine Monitor to clarify this point, the Chinese Ministry of Foreign Affairs responded, “As illustrated in our national report to the 3^rd Annual Conference of States Parties to the Landmine Protocol of the CCW last December, the Chinese Government has been consistently complying with the Protocol and made great efforts in executing its obligations.”^[7]

TRANSFER

In the past China was one of the world's largest exporters of antipersonnel mines. On 22 April 1996, the government of China declared a moratorium on the export of antipersonnel mines that are incompatible with Protocol II requirements. China’s commitment was re-affirmed by Ambassador Sha Zukang in his statement to the Third Annual Conference of States Parties to the CCW Amended Protocol II: “Since April 1996, China has faithfully abided by its commitment to a moratorium on the export of APLs incompatible with the technical specifications contained in the amended Landmine Protocol.”^[8] Landmine Monitor is unaware of exports of any Chinese antipersonnel mines of any type since that time.

STOCKPILING

China is believed to have the largest antipersonnel mine stockpile in the world. Based on interviews with non-Chinese government officials involved in Protocol II discussions, Landmine Monitor has estimated the Chinese antipersonnel mine stockpile at 110 million, including perhaps 100 million Type 72 mines.

In late 1999 China reported that it had destroyed over 1.7 million old-type antipersonnel mines.^[9] China’s December 2000 and December 2001 Article 13 reports did not mention any updated figures. The Chinese Ministry of Foreign Affairs has never responded to Landmine Monitor requests for clarification on the number of antipersonnel mines in stockpiles. China attended the regional stockpile destruction seminar held in Malaysia in August 2001.

LANDMINE PROBLEM AND CLEARANCE

China has used antipersonnel mines along its borders with Russia, India, and Vietnam, planting an estimated ten million mines along these borders over the years.^[10] The government states, “China is not a country seriously affected by mines.”^[11] After major clearance operations from 1992-1999, China maintains that the “mine threat on the Chinese side along the Sino-Vietnamese border has been basically removed.”^[12] The danger to civilians from mines laid along China's borders with India and Russia is reportedly minimal due to the sparsely populated or mountainous terrain.^[13] However, China reported problems with other unexploded ordnance: “Today, a large number of unexploded ordnance left over from World War II remains on the Chinese territory, posing serious threats to the lives and property of local people.”^[14]

China reported that no mine clearance activities have been conducted since 1999, when China completed clearance of its border with Vietnam, “basically resolving the mine problem within its territory.”^[15] For some minefields, covering a total of 20-30 million square meters, China decided to mark and “seal” the areas instead of clearing them.^[16]

MINE ACTION

China has contributed to international humanitarian mine clearance efforts since 1998. China donated $100,000 to Bosnia and Herzegovina through the UN Voluntary Trust Fund for assistance in mine clearance for the period 1999 to 2000; in addition it sponsored two international mine clearance training courses in China.^[17]

In 2001, China donated mine detecting and clearing equipment worth $1,260,000 to seven mine-affected countries including Angola, Cambodia, Eritrea, Ethiopia, Mozambique, Namibia, and Rwanda.^[18] The donated equipment was used in the post-war mine clearance operations in border areas in Yunnan and Guangxi provinces from 1992 to 1999, and includes mine detectors, minesweeping blasting cartridges, rocket blasting devices, and personal demining protective equipment.^[19] In 2001, the Chinese government sent a delegation of government officials and demining experts to Eritrea for on-site demonstration of, and training in, the use of China’s demining equipment.^[20] The delegation also conducted a survey on the local landmine problem.^[21] At the Third Annual Conference of States Parties to the CCW Amended Protocol II in December 2001, China offered “to conduct cooperation and exchanges with interested countries and international organizations in the field of demining assistance, so as to make further contributions to international demining efforts.”^[22]

LANDMINE CASUALTIES

Although the government of China is believed to be collecting information on landmine casualties, no comprehensive data is available.^[23] In February 2001, Landmine Monitor conducted a field survey in the provinces of Guangxi and Yunnan, both bordering Vietnam. The survey found that most mine incidents occurred in the late 1970s and early 1980s. In Guangxi, three counties were surveyed and 359 mine casualties identified. No new mine casualties had been reported in these counties since 1996. In Yunnan Province, Landmine Monitor surveyed Wenshan Prefecture, and 5,310 mine casualties were identified, including 3,811 survivors. The latest recorded mine incident occurred in September 2000.^[24]

The China Disabled Person’s Federation (CDPF) in Beijing did not approve a planned field survey in 2002 by Landmine Monitor to Honghe and Simao in Yunnan Province. However, a report was provided by the local CDPFs in Honghe and Simao. The Simao CDPF did not collect any data on mine casualties as few people were affected by landmines.^[25] In Honghe prefecture, Landmine Monitor received information from the Jinping, Luchun and Hekou CDPFs, although the information was incomplete.^[26]

The Jinping CDPF report identified twelve landmine survivors, who needed either new or replacement prostheses.^[27] The report from the Luchun CDPF identified ten landmine survivors, who needed either new or replacement prostheses.^[28] In the Hekou Yao ethnic minority autonomic county, the CDPF identified 15 landmine survivors, in a total population of 1,133, who needed new or replacement prostheses.^[29] The majority of survivors identified were farmers.

SURVIVOR ASSISTANCE, DISABILITY POLICY AND PRACTICE

As a result of the field survey conducted in February 2001, information is available on survivor assistance programs in some mine-affected areas in Guangxi and Yunnan provinces. Adequate assistance is problematic as the mine-affected areas are a relatively long distance from medical and rehabilitation facilities.^[30]

China’s December 2000 Protocol II report included for the first time a section on Rehabilitation and Relief of Civilians Accidentally Injured by Landmines. The section reported the measures undertaken by the Chinese government to assist, rehabilitate, and relieve civilians injured by landmines during and after the conflict with Vietnam.^[31]

[1] Statement by Ambassador Sha Zukang at the Third Annual Conference of States Parties to CCW Amended Protocol II, Geneva, 10 December 2001, p. 1.
[2] Statement by Ambassador Sha Zukang at the CCW Second Review Conference of States Parties, Geneva, 11 December 2001, pp. 3-4.
[3] Statement to Third Annual Conference of CCW Amended Protocol II, 10 December 2001, p. 2.
[4] For additional details see Landmine Monitor Report 1999, pp. 457-458.
[5] Article 13 Report, 10 December 2001, p. 5.
[6] Ibid., p. 4.
[7] Email from Zhao Li, Department of Arms Control and Disarmament, 13 March 2002.
[8] Statement to the Third Annual Conference of CCW Amended Protocol II, 10 December 2001, p. 2.
[9] Article 13 Report, October 1999.
[10] US Department of State, “Hidden Killers 1994,” p. 18 and “Hidden Killers 1998,” Table A-1.
[11] Foreign Affairs Office of the Ministry of National Defense, People’s Republic of China, Postwar Demining Operations in China (1992-1999), December 1999, p. 1.
[12] Ministry of National Defense, Postwar Demining Operations in China, December 1999, p. 11. Before the clearance operations, landmines posed a threat to civilians in the border areas with Vietnam, where there were more than 560 minefields covering an area of over 300 square kilometers.
[13] US Department of State, “Hidden Killers 1994,” p. 18.
[14] Statement to the Second Review Conference of CCW, Geneva, 11 December 2001, p. 2.
[15] Article 13 Report, 10 December 2001, p. 3. See also Landmine Monitor Report 2000, p. 485. China uses four different mine clearance methods: destruction by burning, used in areas with dense vegetation; blast demining in minefields far away from populated areas and arsenals; mechanical demining, featuring low cost, high speed and less casualties, but with restrictions of the topology; and manual detection and clearance adopted together with other demining means. Article 13 Report, p. 9. Demining equipment used in its post-war demining operations in the 1990s includes GBP123 rocket-blasting devices, GBP114 mine-clearance blasting cartridges, GTL115 mine detectors, fork mine ploughs, flail demining vehicles, mine-sifting vehicles, and water-canon demining devices. China, Article 13 Report, 10 December 2001, p. 10. Chinese commercial mine clearance equipment companies include China North Industries Group, and Geo-Equipment Corporation, in Beijing and the 50th Research Institute, Ministry of Information Industry, in Shanghai.
[16] Ministry of National Defense, Postwar Demining Operations in China, December 1999, p. 5.
[17] For more details, Landmine Monitor Report 2000, p. 485.
[18] Article 13 Report, 10 December 2001, p 7.
[19] Ibid.
[20] Statement of the Third Annual Conference of CCW Amended Protocol II, 10 December 2001, p. 2.
[21] Ibid.
[22] Ibid.
[23] See Landmine Monitor Report 2000, p. 486.
[24] See Landmine Monitor Report 2001, pp. 530-531.
[25] Telephone interview with Yunnan Provincial CDPF, February 2002.
[26] Details on the survivors were provided in the reports.
[27] Report by the CDPF (China Disabled People’s Federation) of Jinping Miao, Yao, Dai ethnic minority autonomic county, 29 March 2002.
[28] Report by the CDPF (China Disabled People’s Federation) of Lu Chen, 28 March 2002.
[29] CDPF Hekou Yao, “Report on disabled people affected by mines in Hekou Yao, Yunnan Province,” March 2002.
[30] See Landmine Monitor Report 2001, pp. 531-533.
[31] Ibid., p. 533.

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