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CAN
NON-GOVERNMENTAL ORGANISATIONS INFLUENCE THEIR GOVERNMENT'S DECISIONS?
The
success or failure of NGO techniques for influencing Government
decisions has long been a matter for debate in democratic countries.
Contents:
There
have been dramatic changes in New Zealand Government policy on landmines
and the influence of NGOs on these changes to Government policy
is the basis of this paper.
This is not
a full history of the campaign against landmines in New Zealand
and we must acknowledge the range of many conscious-raising activities
by religious organisations, many NGOs and the media which have influenced
public opinion and, consequently, heightened awareness by our political
leaders.
In 1992 the
horrendous effects of landmines on people living in third world
countries was not widely reported or known in New Zealand. On 13
August 1992 a delegation from the National Consultative Committee
on Disarmament (NCCD) called on members of the Disarmament Division
of the Ministry of External Relations and Trade. In response to
a question, the division's director, Dr Peter Adams, stated that
he was not aware of any international call to ban landmines. The
Government had no policy on landmines and had not ratified the 1980
UN Convention on "Prohibitions or restrictions on the use of
certain conventional weapons which may be deemed to be excessively
injurious or to have indiscriminate effects."
Dr Adams provided
a detailed answer to our oral question in a letter of 15 September
1992 to Mr Llewellyn Richards, then Secretary of the NCCD. Dr Adams
questioned whether a ban on landmines was either negotiable or workable.
He accepted that landmines are regarded as a legitimate military
weapon and stated that "anti-landmine efforts are better directed
at enforcing existing rules governing their use" rather than
amending the legislation and attempting a ban on production.
We asked that
New Zealand ratify the convention and this was done in September
1993.
The 19 October
1991 New Scientist article "The killing fields in Cambodia"
which Dr Adams enclosed with his letter gave us names and addresses
of overseas landmine campaigners and enough information to realise
that a New Zealand campaign to ban landmines was needed.
As a result,
the person who asked the question at the September 1992 meeting,
John Head, was able to establish contact with the key members of
the developing international organisation, and later to attend the
first international campaign meeting on banning landmines in London
in May 1993. He subsequently made contact with the New Zealand representatives
of the international NGOs represented at the London conference,
and called a meeting on 1 September 1993 to set up a national campaign
to ban landmines.
In the best
New Zealand tradition a committee for the Campaign Against Landmines
(CALM) was established. It was agreed to invite Jody Williams, the
international campaign co-ordinator, to New Zealand on 25 November
1993. Jody's guidance and wisdom not only provided the stimulus
for the second stage of our campaign, but also through her meetings
with government ministers and officials was able to heighten their
awareness.
We established
an eight-point plan of short and long term objectives for CALM.
A major task
was to inform all Members of Parliament of our campaigns, aims and
the global landmine problem. In a letter of 25 September 1994 we
sought their support for declaring a no-use policy of anti-personnel
mines, by our Defence Forces and internationally; greater support
for strengthening the United Nations Convention of 1980; greater
support for mine-clearing operations worldwide; and supporting programmes
to aid mine victims.
We sought responses
from MPs and were disappointed that 44 of the 99 MPs neglected to
respond to our letter, even after being telephoned by committee
members. However, we were able to establish that 23 MPs showed genuine
concern for our cause and this gave us a base for subsequent action,
such as being able to ask specific MPs to raise questions in the
House and to explain our case to the Foreign Affairs and Defence
Select Committee.
The credibility
of our campaign was strengthened through the researches of a committee
member and later CALM Convenor, Mary Wareham, who at that time was
studying the impact of landmines proliferation for a Masters Degree
at Victoria University of Wellington, and later attended international
conferences in Geneva and Phnom Penh.
Thanks to financial
support from the IPPNW and the United Nations Association of NZ,
we were able to invite a prominent Australian campaigner, Dr Ian
Maddocks, to New Zealand in February/March 1995. In addition to
media and public meetings, he met with ministers and government
officials, the New Zealand RSA (Returned Services Association) and
spoke at the Wellington School of Medicine.
The policy
of the Ministry of Foreign Affairs and Trade (MFAT) was that while
a ban might be desirable as a very long-term aim, they preferred
international negotiations to seek short-term achievable goals,
rather than call for a complete ban.
The Minister
of Defence, while sympathetic to our aims, declared that the Defence
Forces must be able to have recourse to landmines.
During this
period we were able to maintain regular meetings with MFAT and Defence
personnel and a MFAT representative usually attended CALM committee
meetings. A number of NGOs were raising the landmine issue with
articles, 'letters to the editor,' lobbying of editorial writers,
and writing to the Prime Minister and other politicians.
In August 1995,
OXFAM brought two Cambodian activists to New Zealand, one whom had
lost both his legs in a landmine explosion. They spoke at combined
meetings with CALM at Auckland, Wellington and Christchurch, lobbied
Government, and generated considerable press and TV publicity. Most
significantly they won the support of the leaders of the Alliance
and Labour parties.
At that stage
the government was standing firm by its policy of not supporting
a ban even though the Minister of Foreign Affairs in a letter to
CALM had stated that "the appalling problems created by landmines
are particularly evident in Cambodia, where I have seen them first
hand".
The Prime Minister,
Mr Jim Bolger, was leading a minority Government and when faced
by a determined call from the leaders of the four main opposition
parties for a meeting on landmines, he agreed. At the conclusion
of the meeting on 3 October 1995 he stated that New Zealand would
formally change its position and would now support a total ban,
and this would announced in its closing address at the Vienna Conference
which was then in session.
The credit
for the breakthrough must go to OXFAM and its director, Phil Twyford,
for not only bringing the two Cambodians to New Zealand but ensuring
that their visit made the greatest possible impact through the lobbying
of political leaders and building up the tempo of the media campaign.
CALM is fortunate
to have on its committee Dr Andrew Ladley, a senior law lecturer
at Victoria University of Wellington. In September 1994 we asked
MPs not only to support an international call to ban landmines but
also to support a Parliamentary Bill to declare a no-use policy
of anti-personnel mines by the New Zealand Defence Forces. In May
1995 Andrew presented a draft Bill to amend our 1983 Arms Act. This
was offered to Members of Parliament as a basis for a Private Members
Bill and its main purpose was for the Government to renounce the
operational use of landmines by our armed forces.
After some
negotiation, Mrs Joy McLauchlan, a Government MP and chairperson
of the Parliamentary Select Committee on Foreign Affairs and Defence,
agreed to table the Bill in Parliament but when the Bill appeared
we noted with concern that it called for the "prohibition of
anti-personnel landmines other than those that do not have anti-handling
devices and are detectable or self-destructing".
CALM did not
support this distinction between types of landmines. All landmines,
whether "smart" or dumb," are capable of killing
and maiming innocent civilians.
After further
negotiations, Mr Jim Anderton MP, Leader of the Alliance Party,
tabled a Private Members Bill which called for the abolition of
all landmines.
Only a restricted
number of Private Members Bills can be introduced to Parliament
each fortnight while Parliament is in session, and they are chosen
by ballot. Neither Mrs McLauchlan's nor Mr Anderton's bill was successful
in the ballot during the following months and on 6 March 1996 a
delegation from CALM (John Head, Andrew Ladley and David Cuthbert)
met with the Minister of Disarmament, the Hon. D A M Graham, seeking
his support for a Government Bill (which can be introduced without
a ballot). We had a sympathetic and positive response from the Minister,
but he suggested that, with an overcrowded Parliamentary agenda
(because of the election later in the year) a Government Bill was
unlikely.
On 22 April
1996 a Joint Ministerial statement from the Minister of Defence,
the Hon Paul East, and the Minister of Disarmament, Hon D A M Graham
stated that New Zealand was "renouncing the operational use
of anti-personnel landmines". They went on to say that "the
formal renunciation of their use reflects the Government's concern
at the horrific and ongoing effects of landmines worldwide, particularly
on innocent civilians".
Our legal adviser,
Dr Andrew Ladley, said that, "This joint Ministerial Statement
was one of a range of actions we discussed with the Minister of
Disarmament:". "While it is not as strong as a legislative
ban, it places New Zealand clearly in the forefront of those 35
countries calling for a ban on APMs".
"We have
essentially achieved all that a Private Member's Bill would have
achieved, and we welcome the strong joint ministerial statement
of principle".
The significance
of this major change in government policy can be illustrated by
referring to a letter from the former Minister of Defence, Hon.
Warren Cooper, written on 8 September 1995. He said:
"mines
per se are not an inhumane weapon"
"The imposition
of a ban by New Zealand on the use of landmines would have serious
implications; ..." "... for our ability to work alongside
coalition partners and allies, which have no intention of eschewing
the use of mines for the time being ..."
"Neighbouring
units would not welcome being located alongside a unit that had
chosen not to take adequate self-defence measures, particularly
if they were to incur unnecessary casualties in coming to our assistance.
A ban would compromise our ability to contribute to the defence
of Australia. It is virtually impossible to defend vital assets
such as airfields, power-generation plants and other infrastructure
in an area the size of western and northern Australia without mine-protection
for fixed installations."
Perhaps it
is fortunate for our campaign that the Hon. Warren Cooper resigned
from Cabinet though remaining a Member of Parliament.
New Zealand
Government policy on landmines has been reversed in only four years.
This has come about by the actions of a number of NGOs who have
kept the issue before our politicians and the people of New Zealand.
We have always
had open communication with government ministers and ministry officials.
We have had a lot of support from the Returned Services Association
and individuals in the Armed Forces.
The Chief of
the General Staff, Major General Piers Reid, just back from a tour
of Angola and Mozambique, gave our campaign sympathetic support
saying that "wars would be a lot easier to fight if there were
no landmines". He asked for more money and resources to be
provided for the quick location and destruction of landmines, because
once landmines had no military value, their production would soon
cease.
But the major
factor in our campaign's success in New Zealand is the awareness
of most New Zealanders that landmines are an inhumane weapon which
has caused great suffering for so many people in so many parts of
the world.
John
Head - September 1996
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