France (Djibouti)

Landmine Problem

The French Republic has maintained an ammunition depot in French territory outside the town of La Doudah in Djibouti.^[1] The depot, which is located a few kilometers from the town center, was protected by antipersonnel mines laid by the French army in the 1970s, reportedly “to protect it from thieves.”^[2] Heavy rainfall and floods in 1989 resulted in the movement of some mines beyond the barbed wire fence that enclosed the minefields.^[3] Limited demining operations were conducted after the flooding, but many mines remained.^[4] No casualties have been recorded in this minefield.

Mine Action Program

In October 2003 the French army conducted a preparatory mission, which determined the area was contaminated by some 700 mines and recommended that a mechanical sifter be used to clear the area.^[5] In March-April 2005 the military conducted a second mission to prepare a provisional timetable and establish the technical requirements of the clearance operations.^[6]

Following the 2005 mission the army decided that mine clearance would start in October 2006, since climatic conditions (notably the heat and the hot, dry “Khamsin” wind that blows for about 50 days a year) prevent clearance operations between June and September each year.^[7] In May 2006 France informed States Parties that preparations for demining were being finalized and that the Ministry of Defense had already initiated the internal process to validate the results of those preparations, which would allow the launch of the operational phase.^[8]

However, a decree promulgated by the Prime Minister on 26 October 2005 put new administrative constraints on military clearance operations.^[9] The decree brings army safety instructions applicable during the preparation and undertaking of clearance work (except for emergency demining) into alignment with common safety instructions laid down in the French Labor Code and applicable to civilian clearance operators. According to this new rule, a comprehensive study of security must be conducted and then validated by an independent authority.^[10] To comply with the new formalities, the army conducted a study of explosives safety in 2006.^[11] At the April 2007 Standing Committee meetings France stated that, “The study of explosives security for the clearance of the ammunition depot of La Doudah is now in the final stage of approval. Several materials have already been transferred on site. Clearance experts, specially detached for this mission, have been on site since last September in order to complete the preparation of the operations.”^[12] After clearance, the area will remain under the jurisdiction and control of France.^[13]

Summary of Efforts to Comply with Article 5

Under Article 5 of the Mine Ban Treaty, France is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but no later than 1 March 2009. In April 2007 France stated that preparations were being made for clearance of mined areas at La Doudah as soon as possible and, in any case, before the 2009 deadline.^[14] A similar statement was made in France’s 2007 Article 7 report.^[15] However, until this point, initiation of clearance operations had been significantly delayed, without any apparent justification.  Article 5 requires that a State Party completes clearance as soon as possible, implying that any unjustified delay in initiating demining is not consistent with treaty obligations.  France has been a State Party for eight years and has not cleared a single mine during that period.