II

103D CONGRESS

1ST SESSION S. 1276

To extend for three years the moratorium on the sale, transfer or export

of antipersonnel landmines abroad, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 22 (legislative day, JUNE 30), 1993

Mr. LEAHY (for himself, Mr. MITCHELL, Mr. DOLE, Mr. INOUYE, Mr. PELL,

Mr. KERREY, Mr. KERRY, Mr. MOYNIHAN, Mr. DECONCINI, Mr.

D’AMATO, Mr. SPECTER, Mr. DODD, Mr. JEFFORDS, Mr. WOFFORD, Mr.

SIMON, Mr. LAUTENBERG, Mr. EXON, Mr. KENNEDY, Ms. MIKULSKI,

Mr. RIEGLE, Mr. ROCKEFELLER, Mr. BUMPERS, Mr. BRYAN, Mr. HARKIN, Mrs. FEINSTEIN, Mrs. MURRAY, Mr. METZENBAUM, Mr. DASCHLE,

Mr. BRADLEY, Mr. GRAHAM, Mr. FORD, Mr. FEINGOLD, Mrs. BOXER,

and Mr. LEVIN) introduced the following bill; which was read twice and

referred to the Committee on Foreign Relations.

A BILL

To extend for three years the moratorium on the sale, transfer or export of antipersonnel landmines abroad, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Landmine Moratorium

5 Extension Act of 1993’’.
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1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) Antipersonnel landmines, which are de4 signed to maim and kill people, have been used in5 discriminately in dramatically increasing numbers

6 around the world. Hundreds of thousands of non7 combatant civilians, including children, have been

8 the primary victims. Unlike other military weapons,

9 landmines often remain implanted and undiscovered

10 after conflict has ended, causing massive suffering to

11 civilian populations.

12 (2) Tens of millions of landmines have been

13 strewn in at least sixty-two countries, often making

14 whole areas uninhabitable. The State Department

15 estimates there are more than ten million landmines

16 in Afghanistan, nine million in Angola, four million

17 in Cambodia, three million in Iraqi Kurdistan, and

18 two million each in Somalia, Mozambique, and the

19 former Yugoslavia. Hundreds of thousands of land20 mines were used in conflicts in Central America in

21 the 1980’s.

22 (3) Advanced technologies are being used to

23 manufacture sophisticated mines which can be scat24 tered remotely at a rate of one thousand per hour.

25 These mines, which are being produced by many in-
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1 dustrialized countries, were discovered in Iraqi arse2 nals after the Persian Gulf War.

3 (4) At least three hundred types of anti4 personnel landmines have been manufactured by at

5 least forty four countries, including the United

6 States. However, the United States is not a major

7 exporter of landmines. During the past ten years the

8 Administration has approved ten licenses for the

9 commercial export of antipersonnel landmines with a

10 total value of $980,000, and the sale under the For11 eign Military Sales program of one hundred nine

12 thousand one hundred and twenty-nine antipersonnel

13 landmines.

14 (5) The United States signed, but has not rati15 fied, the 1980 Convention on Prohibitions or Re16 strictions on the Use of Certain Conventional Weap17 ons Which May Be Deemed To Be Excessively Inju18 rious or To Have Indiscriminate Effects. Protocol II

19 of the Convention, otherwise known as the Land20 mine Protocol, prohibits the indiscriminate use of

21 landmines.

22 (6) When it signed the 1980 Convention, the

23 United States stated: ‘‘We believe that the Conven24 tion represents a positive step forward in efforts to

25 minimize injury or damage to the civilian population
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1 in time of armed conflict. Our signature of the Con2 vention reflects the general willingness of the United

3 States to adopt practical and reasonable provisions

4 concerning the conduct of military operations, for

5 the purpose of protecting noncombatants.’’.

6 (7) The United States also indicated that it had

7 supported procedures to enforce compliance, which

8 were omitted from the Convention’s final draft. The

9 United States stated: ‘‘The United States strongly

10 supported proposals by other countries during the

11 Conference to include special procedures for dealing

12 with compliance matters, and reserves the right to

13 propose at a later date additional procedures and

14 remedies, should this prove necessary, to deal with

15 such problems.’’.

16 (8) The lack of compliance procedures and

17 other weaknesses have significantly undermined the

18 effectiveness of the Landmine Protocol. Since it en19 tered into force on December 2, 1983, the number

20 of civilians maimed and killed by antipersonnel land21 mines has multiplied.

22 (9) Since the moratorium on United States

23 sales, transfers and exports of antipersonnel land24 mines was signed into law on October 23, 1992, the

25 European Parliament has issued a resolution calling
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1 for a five year moratorium on sales, transfers and

2 exports of antipersonnel landmines, and the Govern3 ment of France has announced that it has ceased all

4 sales, transfers and exports of antipersonnel land5 mines.

6 (10) On December 2, 1993, ten years will have

7 elapsed since the 1980 Convention entered into

8 force, triggering the right of any party to request a

9 United Nations conference to review the Convention.

10 Amendments to the Landmine Protocol may be con11 sidered at that time. The Government of France has

12 made a formal request to the United Nations Sec13 retary General for a review conference. With nec14 essary preparations and consultations among govern15 ments, a review conference is not expected to be con16 vened before late 1994 or early 1995.

17 (11) The United States should continue to set

18 an example for other countries in such negotiations

19 by extending the moratorium on sales, transfers and

20 exports of antipersonnel landmines for an additional

21 three years. A moratorium of this duration would ex22 tend the current prohibition on the sale, transfer

23 and export of antipersonnel landmines a sufficient

24 time to take into account the results of a United

25 Nations review conference.
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1 SEC. 3. POLICY.

2 (a) It shall be the policy of the United States to seek

3 verifiable international agreements prohibiting the sale,

4 transfer or export, further limiting the manufacture, pos5 session and use, and eventually, terminating manufacture,

6 possession and use of antipersonnel landmines.

7 (b) It is the sense of the Congress that the President

8 should submit the 1980 Convention on Certain Conven9 tional Weapons to the Senate for ratification. Further10 more, the Administration should participate in a United

11 Nations conference to review the Landmine Protocol, and

12 actively seek to negotiate under United Nations auspices

13 a modification of the Landmine Protocol, or another inter14 national agreement, to prohibit the sale, transfer or export

15 of antipersonnel landmines, and to further limit their

16 manufacture, possession and use.

17 SEC. 4. MORATORIUM ON TRANSFERS OF ANTI-PERSONNEL

18 LANDMINES ABROAD.

19 For a period of three years beginning on the date

20 of enactment of this Act—

21 (1) no sale may be made or financed, no trans22 fer may be made, and no license for export may be

23 issued, under the Arms Export Control Act, with re24 spect to any antipersonnel landmine; and
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1 (2) no assistance may be provided under the

2 Foreign Assistance Act of 1961, with respect to the

3 provision of any antipersonnel landmine.

4 SEC. 5. DEFINITION.

5 For purposes of this section, the term ‘‘antipersonnel

6 landmine’’ means—

7 (1) any munition placed under, on, or near the

8 ground or other surface area, or delivered by artil9 lery, rocket, mortar, or similar means or dropped

10 from an aircraft and which is designed to be deto11 nated or exploded by the presence, proximity, or con12 tact of a person;

13 (2) any device or material which is designed,

14 constructed, or adapted to kill or injure and which

15 functions unexpectedly when a person disturbs or

16 approaches an apparently harmless object or per17 forms an apparently safe act; and

18 (3) any manually-emplaced munition or device

19 designed to kill, injure, or damage and which is ac20 tuated by remote control or automatically after a

21 lapse of time.

Æ