Präsentation zum Thema Opferhilfe vor den Kampagnenvertretern und den Delegationen - Kevin Bryant, Handicap International

"The session today on Victim Assistance was very encouraging because many of the countries supported the existing text. Latin American countries in particular demonstrated leadership on the issue and suggested strengthening the treaty language on issues of transparency, implementation measures, and the inclusion of human rights principals." (Wanda Muñoz - Victim Assistance Officer)

Presentation by Kevin Bryant to Campaigners and Delegates on Victim Assistance:

"When I was first asked if I could speak on the issue of victim assistance and how it links in with clearance activities, my initial reaction was that the link was rather tenuous. My first thought was that the most obvious link was that the clearance community occasionally contribute a broken deminer to the process!

But then I thought of links in terms of the 5 pillars of mine action; 4 of those pillars, clearance, mines risk education, advocacy and stockpile destruction are interventions with the sole aim of reducing risk and preventing accidents. Whilst those interventions may be seen as proactive, victim assistance stands alone in that it is solely reactive. In many ways the requirement for victim assistance comes about because of a failure of the other four.

The links with advocacy and stockpile destruction are obvious; advocacy, by its very nature, is a long drawn out procedure that requires patience and it is sometimes difficult to implement. Stockpile destruction projects to remove dangerous, banned, outdated or decaying caches of munitions can also be slow to implement. Delays caused by these slow processes will inevitably result in further accidents and consequently a rise in the need for swift and effective assistance.

Peace never follows a conflict; somewhere between conflict and peace comes clearance; irrespective of whatever weapon systems were used. 10-20 % of all weapons used in war will fail to explode and will litter both urban and rural areas and these will need to be cleared to allow reconstruction and development to take place. Whilst these munitions will present a significant hazard to communities they can generally be cleared quickly and in conjunction with reconstruction. The difference when landmines and cluster munitions are used in a conflict is that they create a long term deadly legacy that is difficult and slow to clear as well as being restrictive in terms of reconstruction.

The clearance of landmines and cluster munitions uses methodology that requires strict procedures, specialist equipment and trained personnel. It is both slow and expensive and if assets are to be employed effectively then priorities need to be established. These priorities will not always be in agreement with affected communities and this will cause frustrations resulting in risk taking and accidents. An example might be that clearance teams have to clear roads as a priority to allow aid to reach remote areas.

But the priority for the communities in the region might be that of gathering crops and, rather than wait for assistance they will take the risk of going into a mined area or cluster munition strike area to safeguard their livelihood. And this may occur even when they have assurances of future clearance and when risk education has taken place.

So irrespective of clearance and risk education taking place, and sometimes as a result of it, there will still be accidents and still be a need for victim assistance. If we say that a weapon system is banned because it causes unacceptable harm, then we agree to destroy that weapon in its stockpiles. We also have an obligation to remove those unexploded weapons that have been previously used and lay in their tens of millions in countries around the world. And if we do not do that quickly enough then that is a failing and means we have a duty of care to the victims in the provision of medical aid, rehabilitation and reintegration.

In July 2002 I was unfortunate enough to have an accident with a landmine in South Lebanon which resulted in the below knee amputation of my left leg. I do not consider myself to be a `victim' of a landmine but rather a survivor of a landmine accident. I chose to clear landmines for a living and accepted the risks associated with that activity. I had a medic and ambulance in close proximity and received quick and excellent medical care. Back in the UK I underwent effective physiotherapy and was lucky enough to be fitted with a prosthetic leg that allows me to live my life to the full. I soon found employment without discrimination and am able to continue to work in mine action.

My experience is very different to that of the vast majority of those injured by landmines and cluster munitions the vast majority of whom are innocent civilians, living in the poorest countries on earth. Often going days without proper medical care, receiving no physiotherapy and only being fitted with the most basic of prosthetic devices [if lucky], these are the true victims of this deadly legacy. Without external assistance, reintegration is almost impossible; most victims of these weapons are killed or injured whilst carrying out activities to provide for their families; tending animals, planting or gathering crops, hunting or simply collecting firewood. The loss or disablement of the family provider has a traumatic effect on the whole family so that all become victims.

At the start of this talk I jokingly alluded to the fact that occasionally the clearance community were the end users of victim assistance interventions. This is simply not true as almost all deminers will be insured in the event of an accident and that is why they receive swift and effective medical care as well as the best assistance in terms of rehabilitation.

I don't propose for one moment that we should insure all those living in an affected community but I do think that they deserve a good standard of care. I do believe that they should be given every opportunity to regain their dignity and assistance with rebuilding their lives after such a traumatic event. In the words of Handicap International, they deserve a chance to "Stand Tall".

Victims of cluster munitions won't go away the moment that there is a treaty to ban them. I was injured by a landmine 3 years after the mine ban treaty was ratified. I was lucky enough to survive and live to see the arrival of my beautiful granddaughter some 5 years later. But I suspect that when little Lauren is my age she will still be reading about landmine and cluster munition victims. Legislation does not stop the creation of new generations of the limbless it simply limits the damage.

There are five pillars of mine action and all five came about as an obligation to assist those living in a landmine or UXO affected community. Victim assistance is a vital component that links care with the failings of the other four. Any treaty that fails to recognise this duty of care will fail to respond to the true tragedy that is cluster munitions."

_{Stand: 05/2008}