LM Report 2006

Kuwait

Key developments since May 2005: The Ministry of Defense and Ministry of Foreign Affairs recommended accession to the Mine Ban Treaty, and a draft accession law was submitted to the National Assembly. Kuwait voted in favor of the annual pro-ban UN General Assembly resolution for the first time since 1998. In 2005, eight new casualties caused by mines and unexploded ordnance were reported, a significant decrease from the 20 casualties reported in 2004. From January to May 2006, there were seven new casualties; all were foreign nationals.

Mine Ban Policy

The State of Kuwait has not acceded to the Mine Ban Treaty. It appears that, in principle, Kuwait is close to joining the treaty. The threat posed by Iraq under the Saddam Hussein regime was apparently the main obstacle to Kuwait joining the treaty.

In early 2005, after studying the issue, the Ministry of Foreign Affairs and Ministry of Defense both recommended acceding to the Mine Ban Treaty.^[1] The Ministry of Foreign Affairs submitted a draft accession law to the National Assembly on 20 April 2005. The Parliamentary Committee on Foreign Affairs approved the draft law in January 2006. It must now be approved by the full National Assembly.^[2]

On 8 December 2005, Kuwait voted in favor of UN General Assembly (UNGA) Resolution 60/80, calling for universalization and full implementation of the Mine Ban Treaty. This was the first time since 1998 that Kuwait has voted in favor of the annual pro-ban UNGA resolution.^[3] A Geneva-based Kuwaiti diplomat attended the intersessional Standing Committee meetings in May 2006, but made no statements.

Kuwait is not a party to the Convention on Conventional Weapons or its Amended Protocol II on landmines, but attended as an observer the Seventh Annual Conference of States Parties to the protocol on 23 November 2005.

Production, Transfer, Stockpiling, and Use

Kuwait is not known to have produced or exported antipersonnel mines. Officials from the Ministry of Defense told Landmine Monitor that Kuwaiti forces have never used mines.^[4] The Minister of Defense told the UN Mine Action Service (UNMAS) in October 2004 that Kuwait does not have any stockpiles of antipersonnel mines.^[5]

Prior to March 2003, the United States stockpiled several thousand antipersonnel mines in pre-positioned war materials in Kuwait. Additional mines were brought in from Qatar prior to the invasion of Iraq.^[6] It is not known whether antipersonnel mines are still stored at US bases in Kuwait, which are used to support operations in Iraq.

Mine/ERW Problem and Mine Action Program

As a result of the 1990-1991 Gulf War, wide desert and coastal areas remain contaminated by landmines and explosive remnants of war (ERW),^[7] mostly unexploded ordnance (UXO). Parts of the desert and Bubiyan Island off the northeast coast of Kuwait, which have been used for military exercises, also contain mines. Areas in and around El-Ederah and on Bubiyan Island are believed to contain the most severe UXO contamination.^[8] In 2006, there were unofficial reports of cluster munitions being found near a military air base and in an industrial area.^[9] There were also unofficial reports of Iraqi munitions exploding while stored at al Julaa military camp south of Kuwait City, and of UXO exploding while being transported by civilians, with casualties resulting.^[10]

In the northern parts of Kuwait, mines and UXO are often buried deep under sand and under sabkhas (wetlands). In the west, southeast and north of the country, landmines and UXO can be found under oil lakes as a consequence of the destruction of Kuwaiti oil wells by Iraqi forces in 1991.^[11]

The Ministry of Defense is responsible for coordinating all demining operations. The Engineering Corps of the Land Force deals mainly with mines and UXO in desert areas. The demining unit of the Ministry of Interior deals with mines and UXO in populated areas. Both bodies respond to calls from public and private organizations. The Fire and Safety Department of the Kuwait Oil Company is responsible for the coordination of mine clearance in the company’s operational areas and has direct contact with the Ministry of Defense.^[12]

Demining

In 2005, Kuwaiti media reported demining activities by the Ministry of Defense in al-Sulaibiyah southwest of Kuwait city and in El-Ederah in the northwestern part of the desert.^[13] As of March 2006, demining activities by the Ministry of Defense were said to be ongoing in El-Ederah.^[14]

At the beginning of February 2006, while building a road in the northern part of Kuwait, road constructors discovered two cluster bombs in al-Khabarai and in Gerishan.^[15] In March 2005, the Ministry of Interior reported that 25 grenades and five pieces of small arms ammunition had been detected in a residential area in Kuwait city.^[16]

Clearance reports have not been made available to Landmine Monitor since 2004. However, official reports in earlier years showed that 28,262 pieces of small arms ammunition were collected from 154.6 square kilometers in 2003; 30 mines were detected and destroyed in 2002; and 26 mines were detected and destroyed in 2001. Between 1991 and 2002, some 1.1 million antipersonnel mines and 600,000 antivehicle mines were cleared and destroyed in Kuwait by mine clearance and explosive ordnance disposal teams. Private demining companies working on commercially-funded projects are said to have cleared considerable quantities of mines and UXO.^[17]

Landmine/UXO Casualties

In 2005, eight new casualties were reported, including four people killed and four injured in seven landmine and UXO incidents. This represents a significant decrease compared to the 20 new mine/UXO casualties reported in Kuwait in 2004 (five people killed and 15 injured). However, it is significantly more than the two killed in 2003.^[18]

On 12 March 2005, an Egyptian was killed in a grenade explosion in a residential area in Kuwait City; the Russian-made grenade was part of a stock of 25 grenades and five small arms left by Iraqi forces in an old building.^[19] On 16 March, a woman lost a hand and a leg after a grenade she was playing with exploded in al-Rauda, a residential area in Kuwait City. The grenade had been brought to the house from a military site in the northern part of the country.^[20] On 23 March, two shepherds were killed in separate antipersonnel mine incidents, on al-Salmi road in the southwest and in Qashaniyah in northern Kuwait.^[21] On 26 April, one person was killed and another injured in a mine incident in al-Salmi area in the southwest.^[22] On 20 April, a major in the Kuwaiti Army was injured during mine clearance at a farm in al-Sulaibiyah, southwest of Kuwait City.^[23] A soldier was injured on the same day by a cluster bomblet during demining in the northwest.^[24]

In September 2005, in Lebanon, a local staff member of the Kuwaiti Embassy died and two others were injured by a grenade they were playing with. It is unknown where the grenade came from.^[25]

Casualties continued to be reported in 2006, with three people killed and four injured by May. On 12 February, a Bangladeshi deminer in a unit working under supervision of the Kuwaiti Army was killed by an antivehicle mine during routine demining activities in the Umm al-Qawati area in northwest Kuwait.^[26] On 25 March, two people were killed and a third was badly injured in a UXO explosion in Amghara, close to al-Jahra west of Kuwait City; all were Asians working in Kuwait.^[27] On 19 April, an African resident of Kuwait was severely injured by an antipersonnel mine in al-Jahra governorate while herding cattle.^{[28 ]} On 30 April, a Bangladeshi was injured by a landmine near al-Jahra industrial area while returning from work.^[29] In May, another Bangladeshi was injured while herding cattle in Wafra.^[30]

Additionally, on 1 May 2006, a truck transporting cluster munitions and other munitions exploded in Gulaib al-Sheyoukh, Farwania governorate; two people were injured.^[31]

Most casualties occur between March and May, as these are the months for agriculture and herding. Due to harsh environmental conditions, including floods, strong winds and shifting desert sand, incidents may happen in areas that were considered to be free of mines.^[32]

The total number of mine casualties in Kuwait is not known. Between March 2000 and May 2006, Landmine Monitor recorded at least 59 mine/UXO casualties (16 people killed and 43 injured) on Kuwaiti territory. The most comprehensive information is the 2002 report by the Kuwait Institute for Scientific Research (KISR) on civilian war casualties in Kuwait; mine injuries accounted for 1,026 (43 percent) of the 2,386 war injuries and 85 (20 percent) of the 421 deaths; UXO accounted for 175 injured and 119 killed.^[33] KISR planned to update the database to include data until 2006; however, this was dependent on funding.^[34]

Survivor Assistance, Disability Policy and Practice

There are no specific programs for landmine survivors in Kuwait. However, healthcare, medical and rehabilitative services are generally free for Kuwaiti citizens; government institutions provide 95 percent of services. Facilities include rehabilitation centers, prosthetic workshops, occupational therapy, psychological support and vocational training programs. Military mine casualties are treated in separate military hospitals; civilians can be treated in a military hospital on an emergency basis.^[35]

However, “adequate and affordable health care is a serious problem for many foreign workers. The best medicines and certain kinds of specialized treatment officially were reserved for citizens.” Non-citizens are obliged to pay an annual fee for medical coverage to the Ministry of Health, and additional costs for the actual services.^[36]

The Ministry of Health, in cooperation with the Ministry of Social Affairs and Labor (MoSAL), constitute a national-level coordination body to focus on disability issues. The ministry keeps a database on war victims, but no information about the number of mine and UXO casualties is available.^[37] People with disabilities are entitled to a pension through MoSAL. The Handicapped Care Administration of MoSAL provides support for people with disabilities and their families. Services include special accommodation providing medical care, rehabilitation, psychosocial support, education and sports. MoSAL also has a vocational training center for people with disabilities.^[38]

The Kuwaiti Society for Landmine Victim Assistance was formed in 2002; however, it has not implemented any activities.^[39] Other organizations assisting people with disabilities include the Kuwait Red Crescent Society and Awqaf Fund for the Disabled and Individuals with Special Needs. The Red Crescent Society confirmed it does not have any mine-related programs due to the limited number of casualties.^[40]

The International Committee of the Red Cross (ICRC) regional office in Kuwait has two mine-related programs, dealing with mine risk education and with survivor assistance for mine/UXO casualties from Iraq. The regional office gives operational support to ICRC offices in Afghanistan and Iraq.^[41]

Several people, especially children injured by mines, UXO or improvised explosive devices in Iraq have been treated privately in Kuwait.^[42]

On 8 March, Bait al-Zakaat, which distributes religious charity donations, announced it would donate an undisclosed amount to survivor assistance and demining projects in Jordan.^[43]

The Kuwait Disabled Sport Club, supervised by the Public Authority for Youth and Sports, has approximately 2,000 members, both Kuwaiti and non-Kuwaiti, including mine survivors. The club aims to promote sports for people with disabilities nationally and internationally, to develop skills and encourage leadership and to promote participation and equality of people with disabilities in society.^[44]

Kuwait has legislation prohibiting discrimination against people with disabilities, which imposes penalties on employers who fail, without reasonable cause, to employ disabled people. The law also includes directives for the accessibility of buildings. These provisions are generally applied and there is no reported discrimination against disabled people; however, non-citizens do not have access to government services or the pension paid to Kuwaitis with disabilities, covering transportation, housing, job training and social welfare.^[45]

On 28 November 2005, Kuwait celebrated its National Solidarity Day with the Disabled, and MoSAL participated in a ceremony honoring people with disabilities who played an active role in society. The same day, the Ministry of Education announced the allocation of 160,000 square meters to build an education facility for students with disabilities.^[46]

No progress has been made on the establishment of a national fund for disabled people as recommended by civil society groups on 3 December 2003, the International Day of Disabled People.^[47]

Kuwaiti members of parliament participated in the First Arab Parliamentary Symposium on Disability Legislation, held in Amman on 16-17 March 2005, which discussed implementation of the proposed Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities.^[48]

The Fifth Conference of the Gulf Disability Society was held in Kuwait, from 9 to 11 April 2005, with approximately 250 participants from the Arab region. The Kuwait Society for the Handicapped, Higher Council for Disabled Affairs and MoSAL organized the conference.^[49]

In September 2004, the Governing Council of the UN Compensation Commission (UNCC) approved the payment of US$551,439 to 30 mine/UXO survivors injured in Kuwait after 2 March 1991.  In March 2005, compensation for another two mine survivors was approved. In 2006, the UNCC continued its activities, but no more claims for landmine survivors or their relatives have been processed since June 2005, when claims processing was completed. In addition, some mine/UXO survivors’ claims were included in the approximately 6,000 category B (serious personal injury or death), category C (individual claims for damages up to $100,000) and category D (individual claims for damages over $100,000) claims submitted to the commission.^[50]

In May 2006, an Asian resident of Kuwait injured in a landmine incident while working in the desert received compensation from the Kuwaiti government.^[51]

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[1] Email from Amb. Satnam Jit Singh, ICBL Diplomatic Advisor, 28 June 2005, reporting on his meeting with Lt. Col. Ahmed Abdallah Al-Ali, Legal Advisor, Ministry of Defense, in Geneva during the Mine Ban Treaty intersessional meetings, 13-17 June 2005.
[2] Communication from Soliman Abdel Azir Al Madi, National Assembly, 20 May 2006. Kuwaiti officials also told the ICBL that a draft accession document was with the Parliament during meetings in Geneva and Zagreb in November 2005. Email from Amb. Satnam Jit Singh, 3 February 2006, reporting on his meeting with Col. Nouri Al-Hasani in Geneva during the conference of States Parties to the Convention on Conventional Weapons, 18-24 November 2005; email from Amb. Satnam Jit Singh, 3 February 2006, reporting on his meeting with Lt. Col. Ahmed Abdallah Al-Ali in Zagreb, Croatia during the Sixth Meeting of States Parties to the Mine Ban Treaty, 29 November-3 December 2005.
[3] Kuwait voted in support of annual pro-ban UNGA resolutions in 1996, 1997 and 1998. However, it was absent from the votes from 1999-2004, except for 2002 when it was one of 23 nations to abstain.
[4] See Landmine Monitor Report 2002, pp. 684-685, for details of a previous stockpile of mines.
[5] Amb. Satnam Jit Singh, UNMAS consultant, “Mission Report - Saudi Arabia/Kuwait, 22-28 October 2004,” (undated).
[6] Charles Aldinger, “U.S. Army moves arms near Kuwait in mobility exercise,” Reuters (Washington, DC), 5 September 2002.
[7] Under Protocol V to the Convention on Conventional Weapons, explosive remnants of war are defined as unexploded ordnance and abandoned explosive ordnance. Mines are explicitly excluded from the definition.
[8] See Landmine Monitor Report 2004, p. 1026.
[9] Communication from Dr. Ali Al Dousari, Researcher, Kuwait Institute for Scientific Research, 11 May 2006, and from officers at Ahmad Al Jaber Air Base, 10 May 2006.
[10] “Car with explosives,” and “Bad weather conditions behind explosion of Iraqi munition in Al Julaa camp”, al-Qabes, 2 May 2006.
[11] See Landmine Monitor Report 2004, p. 1027.
[12] See Landmine Monitor Report 2000, p. 941.
[13] “Cluster bomb incident in NW,” al-Qabes, 21 April 2005.
[14] “Soldier killed by mine at Umm al-Qawati,” al-Qabes, 13 February 2006. Telephone interview with Maj. Ali Ramadan Mohmad, Contact Officer, Kuwait Oil Company, 10 May 2006.
[15] Interview with Mohamad M. Al Mutairi, Kuwaiti soldier located in border zone with Iraq, 19 April 2006.
[16] See Landmine Monitor Report 2005, p. 780.
[17] See Landmine Monitor Report 2005, p. 780; Landmine Monitor Report 2004, p. 1026; Landmine Monitor Report 2003, p. 626.
[18] See Landmine Monitor Report 2005, p. 780; Landmine Monitor Report 2004, p. 1027.
[19] “Detection of UXO in Hawally,” al-Qabes, 12 March 2005.
[20] “Grenade accident,” al-Seyasa, 16 March 2005.
[21] “Two shepherds killed in two separate areas,” al-Qabes, 23 March 2005.
[22] “Mine accident in al-Salmi,” al-Raae al-Aam, 27 April 2005.
[23] “Accident in Sulaibiyah Farm,” al-Qabes, 21 April 2005.
[24] “Cluster bomb incident in NW,” al-Qabes, 21 April 2005.
[25] “Granaat ontploft op ambassade Koeweit,” (Grenade explodes in Kuwaiti Embassy), De Standaard (Beirut), 21 September 2005.
[26] “Soldier killed by mine at Umm al-Qawati,” al-Qabes, 13 February 2006.
[27] “Two people were killed and a third was injured in Amghara,” al-Qabes, 26 March 2006; Landmine Monitor interview with Rafaat Misak, KISR, Landmine Monitor Global Research Meeting, Phnom Penh, Cambodia, 4 April 2006.
[28 ] “Mine explosion involves African resident,” al-Qabes, 20 April 2006.
[29] “Bangladeshi injured in Jahra landmine blast,” Kuwait Times, 1 May 2006.
[30] “Landmine dating to Iraq invasion injures shepherd in Wafra,” Kuwait Times, 10 May 2006.
[31] “Car with explosives,” al-Qabes, 2 May 2006.
[32] Interview with Rafaat Misak, KISR, Landmine Monitor Global Research Meeting, Phnom Penh, Cambodia, 4 April 2006.
[33] See Landmine Monitor Report 2005, p. 781; Landmine Monitor Report 2004, pp. 1027-1028; Landmine Monitor Report 2002, p. 686.
[34] Landmine Monitor (HI) interview with Rafaat Misak, KISR, Landmine Monitor Global Research Meeting, Phnom Penh, Cambodia, 4 April 2006.
[35] See Landmine Monitor Report 2004, p. 1028.
[36] US Department of State, “Country Reports on Human Rights Practices-2005: Kuwait,” Washington DC, 8 March 2006.
[37] Interview with Rafaat Misak, KISR, Landmine Monitor Global Research Meeting, Phnom Penh, Cambodia, 4 April 2006.
[38] See “Kuwait Information Page for People with Special Needs,” www.safat.com; Landmine Monitor Report 2001, p. 1018; Landmine Monitor Report 2000, p. 943.
[39] See Landmine Monitor Report 2002, p. 686.
[40] Interview with Awrad Ahmad, Information Specialist, Red Crescent Society, Kuwait City, 13 March 2006.
[41] Interviews with Daniel Fasnacht, Vice-Chairperson, and Fouad Bawaba, Media Officer, ICRC, Kuwait City, 13 and 20 March 2006.
[42] Interview with Rafaat Misak, KISR, Landmine Monitor Global Meeting, Phnom Penh, Cambodia, 4 April 2006.
[43] “Bait al-Zakaat Donation” al-Qabes, 9 March 2006.
[44] Interview with Shafi M. al-Hajri, Secretary-General, Kuwait Disabled Sports Club, Kuwait City, 18 March 2006.
[45] US Department of State, “Country Reports on Human Rights Practices-2005: Kuwait,” Washington DC, 8 March 2006.
[46] Ibid.
[47] See Landmine Monitor Report 2004, pp. 1028-1029.
[48] Amman Declaration on Disability Legislation, Amman, Jordan, 16-17 March 2005.
[49] Rehabilitation International, “Secretariat Headlines,” Issue 1, April 2005, p. 6.
[50] Telephone interview with Special Assistant to the Executive Secretary, UNCC, Geneva, 15 May 2006.
[51] “KD 7000 compensation for mine-affected Asian person,” al-Qabes, 14 May 2006.