Evaluating and Comparing the Ottawa Treaty and the NAP 504
By: Vu Minh Anh
Tags: International Relations, Policy Memo, Vietnam, Politics, Ottawa Treaty

Last updated on: December 18, 2020

TO: Lt. Gen. Nguyen Duc Hai

National Defense Strategy Institute — Vietnam Ministry of Defence

FROM: Ms Vu Minh Anh

Consultant, Universitas Gadjah Mada

RE: Evaluating and Comparing the Ottawa Treaty and NAP 504

Dear Lt. Gen. Nguyen Duc Hai,

Regarding the problems of landmines in Vietnam, it is the responsibility of solving war legacies that should necessarily be considered. According to VNMAC (2020), widely known as Viet Nam National Mine Action Center, approximately 800,000 tons of unexploded ordnance, including mines, are scattered around all 63 provinces of the country, resulting in hundreds of thousands of victims, most of whom are “breadwinners in the families, ethnic minorities, and children”. During the 2013–2018 period, the number of accidents was more than 1,800 with roughly half of them unable to survive. The negative influences on citizens’ lives and natural resources are undoubted. Therefore, to reduce the burden for the community and the country, clearance, disarmament and related activities are of significant importance.

The question of to sign or not to sign the Ottawa Treaty? is now urgent because of the very special and susceptible time we are experiencing, especially when the country is being noticed after its passed proposal at the United Nations General Assembly. With this, I will assess both benefits and limitations of the topic in terms of national resources, security concerns and immediate priorities to explain why it is not yet a proper time to sign. Besides, I will evaluate and compare the Convention with the NAP 504 — which I believe is a more beneficial plan for the country to confront the issue of war legacies.

The Ottawa Treaty (officially the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction) was drafted on 18 September 1997 and come into force on 1 March 1999. It has been agreed so far by 164 States Parties. These countries together have reached significant achievements, including to sufficiently affect the use of human-against landmines in both signed and non-signed states, reduce the landmine casualties and strengthen the associations among states, as well as between governmental and non-governmental institutions at a global level (English, 2013).

Vietnam, despite not being a signatory, implemented the National Action Program for the settlement of post-war bomb and mine consequences (the Program 504) since 2010 to mitigate and recover from the aftermath consequences wholly and comprehensively, by utilizing both domestic and foreign forces. It aims to tackle the problems of resettlement, social and economic reintegration, mine victim support and awareness-raising in impacted areas within Vietnam’s territory.

Taking a look at both plans might be beneficial, as their targets are relevant, and in the long-term period, Vietnam may need to ask for the help from international communities, in which the Ottawa Convention is a part of and possess the possibility to assist.

If we agree on the Treaty, concerns about equipment and techniques for removal can be lessened. Within the Convention Text, countries which accepted have “the right to seek and receive assistance […] from other States Parties” to address relevant issues such recovery, social safety, human care and acknowledgement projects, to name but a few, paving the way for better mine clearance efficiency. Our approval to sign also exposes the goodwill to disarmament in world politics, as well as formally connects with other 164 states and many non-governmental organizations. To a larger or lesser extent, this action might implicitly represent the idea of Viet Nam towards peace and global cooperation.

However, suggested gains come at the cost of solemn obligation, which in some ways is challenging to execute. It is worth noting in the Convention Text that the State Party is responsible for destroying every anti-personnel mine inside its territory within ten years, up to twenty years if its capacity is limited. With the contaminated areas by unexploded ordnance predicted at 6.1 million hectares, occupied 18,71% national land overall VNMAC (2020), the required period and allowance for full destruction is estimated as more than a hundred years and billion dollars (Phan, 2020). Even with the help of international communities and time-extension, the mission is far beyond the country's capability, if not saying unattainable.

Moreover, the context of the Ottawa Treaty is not fully aligning with Viet Nam's position and interests, especially security concerns. Sr. Col. Phan Duc Tuan, Vice-Commander of Engineering Command (2012)(as cited in The Monitor, 2019) stated the fact that landmines are "a form of defence" for the country. Not only do they appropriate its strategy when shielding the borders, but it is also suitable for the military treasury. As Viet Nam has already endorsed in several international treaties regarding disarmament of severe weapons, such as nuclear or biological ones, and accomplish its duties (The Vietnam Mission to the United Nations, World Trade Organisation and other international organizations in Geneva, Switzerland, n.d.), it has the rights to utilize other kinds to maintain national security and protect its people.

With the current eco-socio situation, especially with the pandemic, it is not recommended to officially sign the Ottawa Treaty, as this would be a burden on our economic and social development, and a threat to our national security. However, endorsing the Treaty and re-evaluate the joining once every five years may be beneficial.

My recommendation is to continue solving war legacies at a national level by sticking with the NAP 504 while prioritizing health and economy recovery towards the New Normal Era. The 504 Program, despite being less intense, would be more effective and suitable for national interests, as its implications are based on our status and demands. It would be even more recommended to annually review and update our current program for the post-2025 period. VNMAC should act as an enabler who provides information and consult in contaminated areas marking. Additionally, the country might need to conduct yearly projects for the settlement of post-war bomb and mine consequences, taking care and raising awareness of people about preventing and reacting to them. Business and international support also play a pivotal role in attaining social and economic reintegration. Thus, it is crucial to officially state Viet Nam's intention towards global peace and security via leaders' discourses and documents. Those plans should commit to not selling or using anti-personnel landmines with any purpose rather than defence—however, the country's rights to utilize and produce need to be emphasized.

We are undergoing a vulnerable time due to the Covid-19 pandemic. Hence, it might be wiser to take slower but more ensured actions.

Thank you for your time and consideration.

Sincerely,

Vu Minh Anh

Universitas Gadjah Mada

vu.minh.anh@mail.ugm.ac.id

References:

Convention on the prohibition of the use, stockpiling, production and transfer of anti-personnel mines and on their destruction. (1997). International Review of the Red Cross, 37(320), 563–578. https://doi.org/10.1017/s0020860400076889

English, J. (2013). The Ottawa Convention on Anti-Personnel Landmines. In Oxford Handbooks Online. Oxford University Press. https://doi.org/10.1093/oxfordhb/9780199588862.013.0045

Phan, H. (2020, April 5). Hậu quả bom mìn sau chiến tranh vẫn rất nặng nề. Báo Công an Nhân Dân Điện Tử. http://cand.com.vn/doi-song/Hau-qua-bom-min-sau-chien-tranh-van-rat-nang-ne-589155/

The Monitor. (2019, December 18). Mine Ban Policy | Reports | Monitor. Www.the-Monitor.org. http://www.the-monitor.org/en-gb/reports/2019/vietnam/mine-ban-policy.aspx

The Vietnam Mission to the United Nations, World Trade Organisation and other international organisations in Geneva , Switzerland. (n.d.). Error. Vnmission-Geneva.Mofa.Gov.Vn. Retrieved December 9, 2020, from https://vnmission-geneva.mofa.gov.vn/vi-vn/bilateralrelationship/The%20agreements%20signed/Trang/Vi

VNMAC. (2020, May 1). Statistics of UXO contamination in Vietnam. Vnmac.Gov.Vn. http://vnmac.gov.vn/en/tin-tuc/statistics-of-uxo-contamination-in-vietnam.t-61.html