| Statement by H.E. Ambassador SHA Zukang, Head of the Chinese Delegation to the 3rd Annual Conference of the States Parties to the Amended Protocol on the Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices(December 10, 2001) |
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| 2004/04/16 |
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Mr. President,
At the outset, please allow me on behalf of the Chinese delegation to congratulate you on your election to the Presidency of this conference. I am confident that with your diplomatic skills and experience, you will steer the conference to a success. My delegation will cooperate fully with you.
Mr. President,
Landmine is a commonly available defensive weapon. Since it is effective, convenient and cheap, landmine is a weapon of choice for national defense for many countries. Meanwhile, the technical defects of the old-type landmines and the insufficiency of the post-war de-mining efforts have led to certain humanitarian concerns. If we could address the problem from both aspects, namely, adopting restrictions on the use of landmines and carrying out effective de-mining operations, the so-called "landmine problem" could well be resolved.
As an international legal instrument on landmines, the amended Landmine Protocol was concluded after extensive consultations and hard negotiations. The new Protocol strikes a balance between humanitarian concerns and legitimate defensive needs of sovereign states.
Since its entry into force, the amended Landmine Protocol has obtained support from more and more countries. All the major landmine producers and users in the world have acceded to the Protocol. We are convinced that with further enhancement of its universality, the Protocol will play a more important role in addressing the humanitarian concerns caused by landmines.
Mr. President,
There are currently two major international legal instruments on landmines: the amended Landmine Protocol, which is under our review, and the so-called Ottawa Convention, namely, the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction. 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 de-mining efforts. It is fair to say that the two legal instruments share the same objectives.
As far as China is concerned, we fully understand the humanitarian concerns of the international community over the civilian casualties caused by the indiscriminate use of APLs, and support international efforts to address this problem. On the other hand, given China's security environment and national conditions, we cannot but reserve the right use APLs on its territories for self-defense pending the identification and development of alternative means as viable defensive capabilities. That is the reason why the amended Landmine Protocol has become our choice.
Mr. President,
China acceded to the amended Landmine Protocol in 1998. To faithfully fulfill its obligations, China has overcome enormous financial and technical difficulties, and has made great strides in the implementation of the Protocol. This year, the Chinese military has continued its nation-wide training program for the main military departments in charge of operation, training, weapon research and management, with a view to further disseminating the Protocol-related knowledge. The military departments concerned are accelerating the formulation of national military rules and standards, including those on the technical specifications of APLs and the marking of minefields, so as to meet the requirements of the provisions of the Protocol. Moreover, 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. We have produced a documentary film entitled "China in Action" to give an introduction to China's implementation of the Protocol. The VCD copies of this film will be available to interested delegations upon request.
Having basically resolved its domestic landmine problems, China continues to participate in international de-mining assistance program. This year, the Chinese Government has donated mine detecting and clearing equipment to 7 mine-stricken countries, including Angola, Cambodia, Eritrea, Ethiopia, Mozambique, Namibia and Rwanda. Recently, the Chinese Government sent to Eritrea a delegation composed of government officials and de-mining experts for on-site demonstration of, and training on, the use of China's de-mining equipment. In addition, the Chinese delegation also conducted a survey on the local landmine problem. I wish to take this opportunity to reaffirm that the Chinese Government is ready to conduct cooperation and exchanges with interested countries and international organizations in the field of de-mining assistance, so as to make further contributions to international de-mining efforts.
Mr. President,
The current conference will be followed by the Second Review Conference of the CCW. The two conferences provide a forum for the states parties to conduct focused discussions on the implementation of the Convention and its protocols and on the proposals for their amendment. We have noted that some countries have put forward a series of amendment proposals in the context of the Convention, including a proposal to add a compliance annex to the amended Landmine Protocol. On this proposal I wish to make the following comments:
First, the Chinese delegation cannot agree to any further amendment of the Protocol. As is known to all, the Protocol was amended only 5 years ago, and there are currently only 63 states parties. Lack of universality remains the major weakness of the Protocol. In addition, the work to implement the amended Protocol has just started. Under such circumstances, a hasty further amendment of the Protocol will not only be detrimental to the enhancement of its universality, but also hinder the implementation process.
Secondly, landmine is not a weapon of mass destruction like biological or chemical weapons. It is technically difficult to establish a cost-effective on-site investigation mechanism for landmines. As we are now only at an initial stage of the implementation of the amended Protocol, any discussion of further amendments would be premature.
I also wish to point out that, as the BWC Review Conference was just concluded last week, I am sure that the shadow cast by the breakdown of the negotiation of the BWC compliance protocol still lingers in the minds of many delegates. The failure of the seven-year-long negotiation of a BWC compliance protocol has made us even more pessimistic about the prospect of establishing a compliance mechanism for the amended Landmine Protocol. The Chinese delegation appeals to countries concerned that the first priority should be the faithful implementation of the amended Protocol, and it would be much more rewarding if more tangible and effective efforts could be made to put the existing Protocol into practice.
In conclusion, I wish this conference a success.
Thank you, Mr. President.
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