Policy and Strategy for Demining
 
Resolution n° 17/99 of 10th June  CHAPTER I: Definitions 
CHAPTER II: General and specific Objectives of demining policy  CHAPTER III: Strategy for demining 
CHAPTER IV: Organ on Management of the Policy and Strategy for Demining 

Resolution n° 17/99 of 10th June 

The Government's Program, lays great stress on the social integration, rehabilitation and economical and social development that involves the removal of all of the obstacles that, in the rural areas in particular, are a great obstacle to those objectives. Among these stands out the need of the eradication of the landmines, above all the anti-personal mines and unexploded ordnance. The Policy and Strategy for Demining constitutes the main foundation for the pursuit of these objectives. In these terms, and to under paragraph e) of n.° 1 of the article 153 of the Constitution of the Republic, Council of Ministers determines: 

Unique. It is approved the Policy and Strategy for Demining enclosed, that is integral part of the present Resolution. 

Approved by Council of Ministers. 
Be published. 


Pascoal Manuel Mocumbi
Prime minister
 

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CHAPTER I

Definitions 

For the purposes of Policy and Strategy for Demining the following definitions shall apply:

1. Mine action: 

It is the set of all activities of which objective is to solve the problems faced by civilians, as the result of the implantation of landmines. These activities aim at creating an environment in which the populations can live safely and where the economical and social activities can be developed without embarrassments imposed by the implantation of landmines and in which the victims' needs are resolved. The main components of mine action are the prevention of mine accidents, the mine clearance and the assistance to the mine victims. 

2. Victim or survivor of mines: 

It is anyone who has been hurt physically or psychologically hit by the detonation of a landmine or of unexplodedordnance. Victim or survivor also refers the all those who are psychologically are afraid of a potential wound. 

3. Survivor and Victim assistance: 

It is the set of all measures for support, relief and comfort destined to the victims or survivors of the mines with the purpose of immediate and long term reduction of the medical and psychological implications resulting from the trauma thereof. It also includes his/her rehabilitation and reintegration. 

4. Demining policy: 

The Demining policy is the set of guiding principles for demining activity in Mozambique. It establishes the order required in conducting of the demining activity and it constitutes the base of elaboration of all the remaining normative documents of the demining activity. 

5. Demining strategy: 

It is the set of priority actions to carry out, of which final impact will be the removal or destruction of mines implanted in the national territory and in the region indeed. 

6. National Demining Fund. 

It is the collection and administration instrument for the use of available financial resources for the support of the demining activity. 

7. Vicinity 

It is the demining action centered essentially in the creation of conditions of safety near the rural communities, aiming at the facilitation of the free exercise of their everyday activities and promotion of economical and social activities of small scale, but of immediate impact, in their life, such as the recovery of school, sanitary and commercial nets, sources of water supply and of other goods and services and resettlement sites or in the settlements. It is eminently social. 

8. Economical Demining: 

It is the demining action centered essentially in the creation of conditions of safety, aiming at the facilitation of the rehabilitation processes and economical and social development. It stands out of the vicinity demining for the high volume of resources to involve, the impact level and its eminently economic nature.

 

CHAPTER II

General and specific Objectives of demining policy 

The demining policy aims at building capacity in human, technical-material and financial resources that in short, medium and long terms will be necessary to avoid the loss of human lives and the elimination of the latent threat of mines implanted in the national territory and in the region indeed.

1. The general objectives are as follows:

a) To guarantee the government's leadership in mine action;
b) To create national demining capacity; 
c) To guarantee that the plans and procedures are consistent with national, provincial, district and community priorities and objectives and capture the level of needs of the country at the different levels; 
d) To establish a legal framework for treatment and conducting the mine action; 
e) To avoid that landmines are implanted again in the country, creating for this purpose the necessary monitoring mechanisms. 

2. The specific objectives are as follows:

a) To avoid the loss of human lives;
b) To contribute for the free movement of people and goods; 
c) To contribute in the reconstruction and development of the country;
d) To guarantee the design of the technical framework, plans and orientation lines for the development of effective patterns of conducting mine updating them whenever necessary; 
e) To contribute for peace building and development nationwide, regionally and worldwide.
f) To mobilize the national and international public opinion for its involvement in the combating landmines scourge.

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CHAPTER III

Strategy for demining 

1. Objective of demining strategy 

The demining strategy has following objectives: 

a) Creation of the National demining capacity, through the Government's appropriate institutional training for conducting of the overall process, of the creation of national capacities for performance of mine action and of the creation of mechanisms that ensure financial support of the mine action in Mozambique;
b) Promotion of vicinities, through the incentive of initiatives managed at the community, district and provincial level, and with the active and direct participation of the civil society in the determination of mine action priorities; 
c) Promotion of the economical demining through the integration of the demining component in the rehabilitation projects and economical and social
development of the country; 
d) Promotion of demining technologies, through the incentive of the technological investigation, tests of technologies and their introduction in the mine action in Mozambique; 
e) Collection, processing and use of information on mines, through the establishment of a system for collection, processing, administration and dissemination of the available information; 
f) Prevention of mine accidents, through the establishment and conducting of
Mine risk education program, focusing more on vulnerable communities; 
g) Promotion of the regional and international cooperation, through the active involvement of the country in the regional and international efforts seeking the eradication of the scourge of landmines;
h) Facilitation of the mine victim assistance, through the dissemination of necessary information and channeling of available supports to the sectors directly involved in the provision of direct assistance to the victims. 

2. Demining priorities 

The demining priorities are as follows: 

a) The areas for the resettlement of populations, social infrastructures, such as the education centers, hospitals and shopping centers, and the areas around or inside the settlement, including explosive ordnance disposal;
b) The objects and areas of economical and social interest, with special prominence for the areas already identified as high agriculture-livestock potential, highways and bridges, railways, industry and energy. 
The sequence of priorities just constitutes a macro-indicator for the planning process. This can be changed in accordance with the concrete objectives that are intended to be reached. The base for the nominal and echeloned definition of the demining priorities, are the global and sector plans of governance at the national, provincial, district, municipal and community levels. 

3. Government 
3.1. Role of the Government

The Government is the coordination and decision center of the whole mine action, including areas, such as: 

a) Creation of a legal and institutional framework for the demining; 
b) Definition of plans and priorities for action; 
c) Mobilization and allocation of resources; 
d) Invitation for bids, awarding of contracts for mine clearance, evaluations and auditing and monitoring of mine clearance 
e) Monitoring of the conducting of the whole demining process as well as the investigation on about the progress of policy, strategies, technologies and international conventions on mine action. 

The Government shall also be responsible for: 

a) Creating a more participatory and facilitating environment for mine action, by the simplification of administrative mechanisms and an appropriate fiscal policy for this area of activity;
b) Making mine clearance more responsible and safe, by increasing the technical quality of its execution; 
c) Providing mine clearance with conducive instruments to held civil criminal responsibility to the stakeholders for acts or omissions harmful to interests of third; d) Involving public and private institutions, civil society and still the academical and research organisms, including universities, to contribute in their field in the implementation the policy and strategy of demining maintaining, for the effect, a close and permanent linkage; 
e) Setting the institutional framework for assistance to the landmines victims. 

3.2. Mozambique Defence Forces

The Government of Mozambique, recognizing the strategic role that FADM play in conducting demining operations and in scope of the national strategy of creation of a real and effective national capacity of demining. It'll undertake all of the efforts in the creation of technical-material conditions and of formation that can allow an effective, active and planned development, of FADM in the demining effort. 

4. Partners 
4.1. International community, namely, United Nations and the international donors. 

a) The international community is other privileged partner in the execution of mine action, making available the resources base on the plans and priorities defined by the Government;
b) The international community's action, the decision on the allocation of resources and the establishment of administration mechanisms and control of their use, should result of an action previously agreed with the Government;
c) The international community's action should also be base on the respect for the established policy and norms of the Government for mine action. 

4.2. Demining operators 

4.2.1. The award of the demining and quality assurance contracts in the country will be done, as a rule, based on public tenders.
4.2.2. The exercise of mine action is reserved to both local and international entities, associated or no, that are in position to prove before the Government of Mozambique their technical -professional competence, and are permitted, committing to respect the legislation in general, the regulation of the demining activity in force, as well as the communities' cultural heritage and their goods.
4.2.3. The mine clearance is subject to the quality assurance, under leadership of the Government, whose results make faith to both Government and donors, communities and others interested on the quality of the organization and execution of the task and results thereof. The resulting recommendations of the execution of the quality assurance and the corrective established measures should be of strict observance by the operators and they constitute a legal base for holding civil and criminal responsibility of the stakeholders demining operations. It results because, the independent quality assurance is component of the demining operations, owing the respective costs be foreseen in the financings. 
4.2.4. The activity of independent operator of quality assurance is incompatible with the activity of demining operator. This measure is aimed to avoid conflicts of interests. 

4.3. Civil society 

The civil society, organized in the most several ways, shall contribute and support the efforts of the government that tends to the eradication of the mines and unexploded ordnance in the country and the disastrous effects caused by them. The local communities shall, especially, play an active role in the mine risk education, in the collection and dissemination of information on mines and unexploded ordnance, as well as in the assistance to the mine victims. 

5. Financing of mine clearance

5.1 Mine clearance requires mobilization of human, technical-material and financial resources necessary for its execution. It becomes because necessary that the country develops supplemental efforts, so that it can be possible to make such resources available. 

Now, it worth: 

a) To create appropriate conditions aiming at making available the necessary resources to the implementation of the current demining strategy; 
b) To mobilize the local and international communities to contribute voluntarily to the demining in the country; 
c) To create an instrument for collection and management of demining fund.

5.2. The financings for the accomplishment of the mine clearance will come namely from:

a) State Budget; 
b) National solidarity; 
c) International solidarity; 
d) Other sources. 

5.3. The management of the funds will be made by an instrument specifically created by the Government and by procedures to be established and with the participation of the remaining stakeholders in the process and it aims namely at:

a) Maximizing profitability of the available resources for mine clearance for what norms and patterns will be established;
b) Assuring greater transparency to the mine clearance; 
c) Encouraging a greater involvement of the donor community and of the Mozambican society in the financing of the mine clearance.

5.4. The existence of this instrument doesn't exclude the existence of other ways of channeling and administration of demining funds, particularly those funds that are resulting from specific agreements of multilateral or bilateral cooperation between these partners and the Government. 

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CHAPTER IV 

Organ on Management of the Policy and Strategy for Demining 

1. The Government will create a national wide organ that will manage the implementation of this policy and strategy, as well as facilitation of the assistance to the mines victims. 

2. The organ on management of the policy and strategy for demining will coordinate other relevant sectors of the Government, the pluridisciplinar and multisectorial assistance to the victims or survivors of the landmines. This coordination will cover action at regional, international levels and at appropriate United Nations agencies.

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IND, Base de dados © Outubro 2006