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MEMO          Printed/Distributed on US Campaign to Ban Landmines Letterhead

TO:                    Government Representatives and NGOs
FROM:  US Campaign to Ban Landmines
                            Gina Coplon-Newfield, Out-going Coordinator
                            Scott Stedjan, In-coming Coordinator
DATE:                November-December, 2004
RE:                     US Landmine Policy

Introduction
We at the US Campaign to Ban Landmines are very much indebted to the global community for its commitment to banning and eradicating antipersonnel landmines.  The Bush Administration announced new
US landmine policies in late February of this year.  Though these policies appear to be final, there are still several areas in which an on-going dialogue with the US government is crucial.  We encourage you to take a look at policy and message recommendations below that we have developed.  We will look forward to working with you on them.

Background
Beginning in the summer of 2001, the US State Department, Defense Department, and National Security Council conducted a three-year formal review of
US landmine policy.  Based on the recommendations of this review process, the White House announced a new US policy in February of 2004.  The new policy reverses many of the positive steps the US has made over the past decade to eradicate antipersonnel mines:

・       The US government no longer has as an objective to join the Mine Ban Treaty by 2006 or at any point.
・       The use of self-destructing mines is now permitted indefinitely without any geographic or date restrictions.
・       The use of long-lived antipersonnel mines is now permissible in
Korea until 2010.
・       The previous commitment, to cease using antipersonnel mines by 2003
everywhere in the world outside Korea except those contained in “mixed systems” with antivehicle mines, has been discarded.

The 1992 legislative ban on antipersonnel mine exports, in effect through 2008, will continue.  This policy could not be overturned by Presidential directive. Additionally, the commitment to stop using long-lived antivehicle mines after 2010 is new, and is a welcome announcement. The
US has been moving away from long-lived antivehicle mines for many years, procuring only self-destructing types. Many long-lived antivehicle mines in the US inventory will be obsolete by 2010. Finally, the US announcement to increase funding for mine action is another vital contribution. Overall, however, US

refusal to work towards joining the treaty sets a dangerous example to mine-using countries such as Russia, India, and Pakistan, which have laid hundreds of thousands of mines in recent years with devastating consequences to civilians.

Important Policy and Message Recommendations that We Ask Governments and NGOs to Convey to the US Government Through Bi-Lateral and Multi-Lateral Meetings, Both Publicly and Privately:

Continue to express disagreement with current US policy, and encourage reconsideration. Many in the global community have voiced serious concerns, both publicly and privately, over the new
US landmine policies.  It is important for the global community to continue to voice these concerns so that the US government recognizes the negative impact of its policies.

Urge the
US government to not violate the Mine Ban Treaty, even if it won't join the convention.  As far as we understand, the US military has not planted any new AP mines since the 1991 Gulf War, has not exported them since 1992, and has not produced them since 1997.  These are very important achievements, and it is vital that we urge the US government to continue the de facto adherence to the treaty in these areas, even without official accession.

Convey that any
US use of AP mines would come under heavy criticism. The US military brought AP mines to the Gulf region for possible use in Afghanistan or Iraq.  It is very important that the global community continue to make it clear that any use of any type of antipersonnel mine would result in heavy public and private criticism.

Convey the serious concern over the US promotion of its self-deactivating or self-destructing (so-called “smart”) mines.  The promotion of the new US landmine policy, largely by the US State Department, has positively described and defended its right to retain and possibly produce and use so-called “smart” mines.  These self-deactivating and self-destructing antipersonnel landmines, while better than persistent “dumb” mines, still put civilians?and sometimes US and allied forces-- at risk.  Though set to self-deactivate or self-destruct, these mines will injure and kill civilians who come upon the weapons that are still active because the weapons are indiscriminate and victim-activated. Because these mines tend to be scattered by the thousands, they are difficult to mark and map.  The self-destruct mechanisms have a failure rate up to 10% under the CCW Amended Protocol II, so many will fail to disarm.  Demining teams must approach “smart” minefields with the same tremendous amount of time, resources, and caution as they would “dumb” minefields for fear of dud mines or inaccurate intelligence. Finally, many believe that the ability of wealthy nations to use sophisticated and expensive mines sets a bad example for poorer nations who may indicate that cheaper “dumb” mines are the only type available to them.  All antipersonnel landmines should be banned and stigmatized.

Encourage the continuation of the export moratorium.  The current US moratorium on exports of AP mines lasts through 2008.  Senator Leahy has been the major US policy-maker behind this effort.  He cannot be the lone voice behind this effort, however.  The world’s nations must make it clear that this export moratorium should continue and should be made permanent.  Otherwise, US mines may again end up on battlefields and in civilian areas throughout the world.

Convey that any joint military activities involving AP mines with governments party to the treaty would not be acceptable.  Since most
US military allies are party to the Mine Ban Treaty, it is important for these governments to make it clear to the US government that they will not jointly engage in any specific military activities involving AP mine use, transport, or stockpiling.

Get assurance that production of AP mines will not resume, including the “SPIDER” system with a battlefield override feature.  Now that the
US program to develop alternatives to AP mines has been discarded, it is important to urge the US government to not produce new weapon systems that violate the Mine Ban Treaty.  One weapon that may do so is the “SPIDERMan in the Loop system if it is acquired with a battlefield override feature that includes target activation.

Urge the US not to hamper universalization of the treaty globally, including in Iraq. The ban
 of antipersonnel landmines has become the global norm.  The global stigmatization of the weapon fosters both compliance among state parties and the encouragement of those few outsiders to join the treaty.  We hope that any efforts or statements by the
US government to derail the eventual full global participation in the treaty would not be tolerated.  We are particularly concerned about heavily mine-impacted and/or historically mine-using countries, such as Iraq.  One first official activities of the new government of Afghanistan was to join the Mine Ban Treaty.  It will greatly benefit the government and the people of Iraq to follow suit.

Encourage robust and well-spent
US funding for mine action.  This year’s US funding for mine action programs has increased significantly and will positively influence the lives and limbs of countless people in many countries.  It is important for other donor countries as well as mine-affected countries to continue to engage the US government in meaningful conversations about the need for continued high levels of mine action funding and for that funding to be geared towards the best activities and in the right places.

Encourage US participation in future intersessional meetings and meetings of states parties to the treaty.  Unlike many other nations not part of the Mine Ban Treaty, the
US government has been a rare participant in intersessional meetings and has not attended any meetings of states parties. In order to fully appreciate the commitment of the majority of the world’s nations to mine action and the Mine Ban Treaty and to fully engage in mine action, it is important for the US to see and participate in first-hand discussions with the global community.

USCBL Activities Over the Past Year
Beginning in the summer of 2003, the U
SCBL has led a focused initiative to increase the profile of the landmines issue during the 2004 presidential campaign.  We organized our members and the general public to attend campaign events throughout the country, including candidate debates and fundraisers, where they were able to call attention to the landmines issue and promote discussion of the treaty.  We organized the drafting and distribution of a joint letter to the candidates signed by more than 100 health professional leaders from across the US, including deans of major medical schools, Nobel Laureates in medicine, department chiefs at prominent hospitals, and a former US Surgeon General, urging them to support the Mine Ban Treaty.  Delivered to the candidates in October of 2003, the letter prompted favorable responses from some candidates and, as a result, provoked increased discussion of landmines on the campaign trail.

As a result of media outreach efforts by the U
SCBL, the New York Times, Boston Globe, Hartford Courant, Pittsburgh Post-Gazette, Columbus Dispatch, San Jose Mercury News, Oregonian, Miami Herald, Christian Science Monitor, Detroit News, Newsday, San Antonio Express-News, Baltimore Sun, Defense News, and South Florida Sun-Sentinel, among others, all published excellent pro-Mine Ban Treaty editorials or Op-Ed pieces, many of them after the new Bush Administration policies were announced.  Most recently, we launched a new on-line flash video about the global landmines crisis, which is followed by a message encouraging viewers to sign an on-line petition.

Now that it is clear that there will be another Bush Administration term, the U
SCBL is assessing the important ways we will continue to raise this issue with the US public, media, and government as well as with the international community.

Staying in Touch
For the past five years, the US Campaign to Ban Landmines has been coordinated by Physicians for Human Rights, one of the founding organizations of both the ICBL and U
SCBL.  Gina Coplon-Newfield has served as the Coordinator.  In early 2005, the Friends Committee on National Legislation, a peace and justice organization that has served on the USCBL Steering Committee for many years, will take over as the coordinating organization of the campaign.  Scott Stedjan will serve in the Coordinator role.  We encourage you to be in touch with Scott and the USCBL about US landmine policy and efforts to improve it.  He can be reached in Washington, DC at:

Phone:  + 1 +  202-547-6000
Fax:  + 1 +  202-547-6019
Email:  scott@fcnl.org

Thank you very much.