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Page 1: DEMOCRATIC REPUBLIC OF CONGO - Mine Action … · The Democratic Republic of Congo ... drc.org/IMG/pdf/Plan_strategique_LAM_2012-2016 ... Strategic Planning The DRC’s national mine

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DEMOCRATIC REPUBLIC OF CONGO

PERFORMANCE COMMENTARY

The Democratic Republic of Congo (DRC) continued to move towards completing clearance of all areas

contaminated by cluster munition remnants (CMR) in 2015, although the operational progress was not matched

by a corresponding sense of urgency by the national mine action authorities.

PROGRAMME PERFORMANCE 2015 2014

Problem understood 8 8

Target date for completion of cluster munition clearance 7 7

Targeted clearance 7 7

Effi cient clearance 7 7

National funding of programme 3 4

Timely clearance 5 5

Land-release system in place 7 7

National mine action standards 6 7

Reporting on progress 3 3

Improving performance 7 7

PERFORMANCE SCORE: AVERAGE 6.0 6.2

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CLUSTER MUNITION REMNANTS - SIGNATORY STATES

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RECOMMENDATIONS FOR ACTION

> The DRC should complete clearance of all CMR-contaminated areas by the end of 2016, the deadline it set in

its strategic mine action plan.

> The DRC should ratify the Convention on Cluster Munitions (CCM) as a matter of priority.

> Greater efforts should be made to ensure the national mine action database is accurate, up to date, and

effectively managed by the national authorities.

> Mine action data should be recorded and reported according to International Mine Action Standards (IMAS)

land release terminology.

CONTAMINATION

At the end of 2015, the DRC had four remaining areas

with a total size of 3,840m2 confi rmed to contain CMR.

Contamination is in Equateur province in the north-east

of the country.1 The DRC identifi ed the areas, all of which

are believed to contain BL755 submunitions, in a national

survey conducted in 2013.2

According to Mines Advisory Group (MAG), CMR

contamination has impeded agriculture and limited

freedom of movement. MAG reported that its clearance

of CMR and other unexploded ordnance (UXO) in areas

of former Equateur and Katanga provinces in 2015

had increased access to fi rewood, enabled use of

previously restricted land and new agricultural areas,

and facilitated access to remote villages. MAG also

completed clearance of a CMR strike very near to the only

hospital in Moba, in what was Katanga province (renamed

Tanganyika province as at July 2015).3

Other ERW and LandminesThe DRC is also affected by other explosive remnants of

war (ERW) and a small number of landmines, as a result

of years of confl ict involving neighbouring states, militias,

and rebel groups. Successive confl icts have left the DRC

with UXO as well as signifi cant quantities of abandoned

explosive ordnance.4

1 Email from Colin Williams, Chief of Operations, UNMAS DRC, 6 May 2016.

2 Response to questionnaire by Colin Williams, UNMAS, 19 May 2015; and CCM Article 7 Report (for 2012 and 2013), Form F.

3 Email from Llewelyn Jones, Director of Programmes, MAG, 7 May 2016. On 9 January 2015, the National Assembly of the DRC passed a law which enacted

the proposed redistricting under the 2006 Constitution of the DRC’s 11 provinces into 25 provinces, plus Kinshasa. The area where MAG was operational

in Katanga province was renamed as Tanganyka province after the redistricting began to be implemented in July 2015. Christophe Rigaud, “RDC: le

découpage territorial a voté à l’Assemblée” (“DRC: territorial subdivision voted on at the Assembly”), Afrikarabia, 10 January 2015, at: http://afrikarabia.

com/wordpress/rdc-le-decoupage-territorial-vote-a-lassemblee/; and email from Fabienne Chassagneux, Regional Director, West and Central Africa,

MAG, 15 July 2016.

4 UNMAS, “Democratic Republic of the Congo (DRC), Support to UN Country Team and the Government”, updated January 2015, at: http://www.mineaction.

org/programmes/drc.

5 Response to Cluster Munition Monitor questionnaire by Michelle Healy, UNMACC, 29 April 2013.

6 Email from Colin Williams, UNMAS, 29 May 2015; and UNMAS, “DRC, Support to UN Country Team and the Government”.

7 UNMAS, “About UNMAS Support of One UN and the GODRC”, March 2016, at: http://www.mineaction.org/print/programmes/drc.

8 UNMAS, “DRC, Overview”, updated August 2013.

9 UN Security Council Resolution 1925, 28 May 2010.

10 UN Security Council Resolution 2098, 28 March 2013.

11 UNMAS, “DRC: Support to UN Country Team and the Government”.

12 UN Security Council Resolution 2147, 28 March 2014; and UNMAS, “DRC Overview”, updated April 2014, at: http://www.mineaction.org/programmes/drc.

PROGRAMME MANAGEMENT

The Congolese Mine Action Centre (Centre Congolais

de Lutte Antimines, CCLAM) was established in 2012

with support from the United Nations Mine Action

Coordination Centre (UNMACC) and the UN Mine Action

Service (UNMAS).5 Since that time, UNMAS has provided

capacity building support to CCLAM for its operations

with a goal of full transition of all coordination activities to

the Centre by the end of 2016.6 UNMAS has reported that

the transfer of responsibility to CCLAM for coordinating

mine action activities was completed in early 2016.7 Previously, UNMACC, established in 2002 by UNMAS,

coordinated mine action operations through offi ces in

the capital, Kinshasa, and in Goma, Kalemie, Kananga,

Kisangani, and Mbandaka.8 UNMACC was part of

the UN Stabilization Mission in the DRC (MONUSCO)

peacekeeping mission. UN Security Council Resolution

1925 mandated UNMACC to strengthen national mine

action capacities and support reconstruction through

road and infrastructure clearance.9

In March 2013, Security Council Resolution 2098 called

for demining activities to be transferred to the UN

Country Team and the Congolese authorities.10 As a

consequence, UNMAS operated two separate projects

after splitting its activities between, on the one hand,

support for the government of the DRC and its in-country

team, and, on the other, its activities in support of

MONUSCO.11 In accordance with Resolution 2147 of

March 2014, demining is no longer included in

MONUSCO’s mandate.12

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13 DRC, “Plan Stratégique National de Lutte Antimines en République Démocratique du Congo, 2012–2016” (“National Mine Action Strategic Plan in DRC,

2012–2016”), Kinshasa, November 2011, p. 28, at: http://www.macc- drc.org/IMG/pdf/Plan_strategique_LAM_2012-2016.pdf.

14 Email from Julien Kempeneers, Deputy Desk Offi cer, Mine Action Department, HI, 14 April 2016.

15 Email from Colin Williams, UNMAS, 3 June 2015.

16 Responses to questionnaire by Pehr Lodhammar, NPA, 18 May 2015; Julia Wittig, Programme Offi cer, MAG, 29 May 2015; and Johan Strydom, Project

Manager DRC, Mechem, 13 May 2015.

17 Emails from Colin Williams, UNMAS, 6 May 2016; and Fabienne Chassagneux, MAG, 15 July 2016.

18 Email from Llewelyn Jones, MAG, 7 May 2016.

Strategic Planning

The DRC’s national mine action strategic plan for

2012–16 set the goal of completing clearance of all areas

contaminated with anti-personnel mines or unexploded

submunitions by the end of 2016.13

OperatorsFive international operators are accredited for mine

action in the DRC: DanChurchAid (DCA), Handicap

International (HI), MAG, Mechem, and Norwegian

People’s Aid (NPA), along with a national demining

organisation, AFRILAM.14 MAG was the only operator to

conduct detailed CMR survey and clearance activities

in the DRC in 2015. Throughout the year, it deployed

between two and four ten-strong technical teams,

depending on funding, as well as two community

liaison teams.15

Standards No developments were reported regarding mine action

standards or guidelines specifi c to CMR survey or

clearance in 2015. As at May 2016, National Technical

Standards and Guidelines for mine action had been

developed, but still not fi nalised. The draft version does

not contain CMR-specifi c provisions.16

Quality ManagementUNMAS and MAG reported that no external quality

assurance (QA)/quality control (QC) activities were

carried out on any CMR tasks in 2015, due to an inability

to travel to remote areas.17 MAG stated, however, that

in 2015 an internal QA/QC process was carried out twice

a week.18

Information ManagementThe CCLAM assumed responsibility from UNMAS for

information management in January 2016. Subsequently,

despite many years of capacity building support from

UNMAS, and from NPA in 2015, data from the national

mine action database in response to research queries

showed limited signs of improvement, but continued to

vary signifi cantly from operators’ records, and in some

cases was partial or even unusable.

MAG deminer clearing land inside Moba Hospital, Tanganyika Province. © MAG DRC

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CLUSTER MUNITION REMNANTS - SIGNATORY STATES

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Operator SHAs cancelled Areas confi rmed Area confi rmed (m²)

MAG (Katanga/Tanganyika) 4 1 7,772

MAG (Equateur) 61 1 68,073

Totals 65 2 75,845

Table 1: CMR survey in 201521

OperatorAreas

clearedAreas

cleared (m²)Submunitions

destroyedAPM

destroyedUXO

destroyed

MAG (Katanga/Tanganyika) 1 7,772 4 1 226

MAG (Equateur) 1 68,073 61 0 18

Totals 2 75,845 65 1 244

Table 2: Clearance of CMR-contaminated areas in 201527

APM = Anti-personnel mines

19 Ibid.; and response to questionnaire by Julia Wittig, MAG, 29 May 2015.

20 Email from Llewelyn Jones, MAG, 7 May 2016.

21 Ibid. UNMAS did not report any data for CMR survey in DRC in 2015. UNMAS informed Mine Action Review and Cluster Munition Monitor “information is

taken from our data base following weekly reports received from MAG so may not be completely accurate or complete”, and indicated data provided by

MAG should be reported instead. Emails from Colin Williams, UNMAS, 6 and 26 May 2016.

22 Email from Llewelyn Jones, MAG, 7 May 2016.

23 Response to questionnaire by Johan Petrus Botha, Technical Operations Manager, MAG, 1 June 2015.

24 Email from Pehr Lodhammar, NPA, 12 April 2016.

25 Email from Colin Williams, UNMAS, 6 May 2016.

26 Email from Pehr Lodhammar, NPA, 12 April 2016.

27 Email from Llewelyn Jones, MAG, 7 May 2016. UNMAS reported that MAG cleared one CMR-contaminated area with a total size of 58,685m2, destroying in

the process 55 submunitions, one anti-personnel mine, and 24 items of UXO. Emails from Colin Williams, UNMAS, 6 and 26 May 2016.

LAND RELEASE

The total amount of CMR-contaminated area released in 2015 was 0.075km2,

compared to 0.065km2 in 2014.19

Survey in 2015MAG reported cancelling 65 suspected hazardous areas (SHAs) through

non-technical survey in 2015 and confi rming as hazardous two SHAs with

a total size of 75,845m2 in Katanga (Tanganyika) and Equateur provinces

(see Table 1).20

Clearance in 2015MAG cleared a total of 75,845m2 of CMR-contaminated area in 2015, the

majority of which — 68,073m2 — was in Equateur province, with a further

7,772m2 in Katanga/Tanganyika province, and destroyed a total of 65

submunitions (see Table 2).22 In 2014, MAG cleared 65,510m2 of CMR-

contaminated area, destroying 38 submunitions.23

In September 2015, NPA destroyed one BL755 submunition as part of an

explosive ordnance disposal (EOD) spot task in Tanganyika province.24

According to UNMAS, Mechem also destroyed two submunitions during

EOD spot tasks in 2015.25 NPA reported destroying a further two BL755

submunitions in Tanganyika province in February 2016.26

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ARTICLE 4 COMPLIANCE

As at 1 June 2016, the DRC was a signatory but not a state party to the

CCM. As such, it does not have a treaty-mandated deadline for clearance.

Nonetheless, the DRC has obligations under international human rights law

to clear CMR as soon as possible, in particular by virtue of its duty to protect

the right to life of every person under its jurisdiction.28

The DRC’s national mine action strategic plan for 2012–16 set the goal of

clearing all areas contaminated with anti-personnel mines or unexploded

submunitions by the end of 2016.29 The Government of the DRC, through

CCLAM, which operates under the Ministry of Interior, is seconding

members of the armed forces to MAG for CMR survey and clearance.30 MAG

stated that its priorities in 2016 would be to locate and confi rm all remaining

SHAs where CMR are suspected within North Ubangi and South Ubangi

provinces (formerly Equateur province).31 It did not expect its funding to

change in 2016.32

UNMAS has asserted that the DRC was on track to meet its national mine

action strategic plan goal of completing clearance of CMR contamination by

the end of 2016.33 In May 2016, however, MAG expressed doubts, noting that

remaining CMR-contaminated areas were very remote, with limited access

and diffi cult terrain.34

In March 2016, Japan donated US$2 million to UNMAS for mine action in

the DRC. UNMAS reported that the contribution represented 40% of the

DRC programme’s 2016 budgetary needs and would allow UNMAS to deploy

two MTTs in fi ve selected provinces where no explosive clearance capacity

currently exists.35 In May 2016, UNMAS reported that a total of US$2.45

million had been secured for demining activities in 2016, with additional

support from the Netherlands and Sweden, and in-kind support from

Switzerland.36 UNMAS pledged to continue to engage with donors to secure

additional funding.37

28 The DRC is a state party to the 1966 International Covenant on Civil and Political Rights, Article 6(1) of which stipulates that: “Every human being has the

inherent right to life”. It is also a state party to the 1981 African Charter on Human and Peoples’ Rights, Article 4 of which provides that “Every human

being shall be entitled to respect for his life and the integrity of his person”.

29 DRC, “National Mine Action Strategic Plan in DRC, 2012–2016”, Kinshasa, November 2011, p. 28.

30 Response to questionnaire by Julia Wittig, MAG, 29 May 2015.

31 Email from Llewelyn Jones, MAG, 7 May 2016.

32 Ibid.

33 Email from Colin Williams, UNMAS, 6 May 2016.

34 Email from Llewelyn Jones, MAG, 7 May 2016.

35 UNMAS, “The People of Japan Contributes $2 Million to support United Nations Mine Action Activities in the Democratic Republic of the Congo”, Press

release, 18 March 2016.

36 UNMAS, “About UNMAS Support of One UN and the GODRC”, May 2016, at: http://www.mineaction.org/print/programmes/drc.

37 UNMAS, “The People of Japan Contributes $2 Million USD to support United Nations Mine Action Activities in the Democratic Republic of the Congo”,

Press release, 18 March 2016, at: http://www.mineaction.org/sites/default/fi les/pr/Japan%20contributes%202M%20to%20UN%20mine%20action%20

2016.pdf.