Ministry of Defence proposes Latvia's withdrawal from the Ottawa Convention
Due to changing regional security and Latvia's defence needs, after consultations with allies, and in order to show solidarity and unity with other countries in the region, the Ministry of Defence of Republic of Latvia proposes Latvia’s withdrawal from the Ottawa Convention, following similar decisions from Estonia, Lithuania and Poland.
“We are looking into all possible options when it comes to strengthening Latvia's deterrence and defence capabilities. There is a regional agreement with defence ministers of Poland, Lithuania and Estonia to recommend withdrawal from the Ottawa Convention, thus strengthening our borders. We must prepare as Russia continues to pose a serious threat to the region, regardless of how hostilities in Ukraine develop. Withdrawing from the Ottawa Convention has the potential to ensure the production of anti-personnel mines. At the same time, we will continue to respect international norms and humanitarian law, and we will consult with our allies,” Defence Minister Andris Sprūds emphasizes.
Ministry of Defence and the National Armed Forces have conducted an assessment of Latvia's participation in the Ottawa Convention, analysing the effectiveness of the military use of anti-personnel mines, the political aspects related to the position of other allies towards the obligations of the Convention. The practical aspects of acquiring or producing such munitions have also been assessed. The assessment has concluded that it is possible to develop anti-personnel mine production relatively rapidly in Latvia and in other countries of the region. Latvian industry has the necessary capabilities and metalworking sector is highly advanced. Such regional approach will reduce dependence on foreign supplies, especially in the field of explosives and warheads.
Consultations with allies, particularly with NATO member states whose troops are serving in Latvia, played an important part in the assessment. Allies have expressed their understanding of Latvia's possible withdrawal from the Ottawa Convention and reaffirmed further defence cooperation. Ministry of Defence notes that the exchange of information with the Allies will not be disrupted by the withdrawal process.
Ministry of Defence, together with the Ministry of Foreign Affairs , in scope of their competences, will promptly prepare and submit a draft law on withdrawal from the Ottawa Convention to the Cabinet of Ministers for consideration. The Ministry of Foreign Affairs is responsible for submitting the draft law as the ministry competent for drafting of laws on accession to conventions. At the same time, legislative initiative will also require inter-institutional coordination. The draft law will then be reviewed by the Parliament, which will make the final determination on the withdrawal from the Ottawa Convention. If Parliament votes in favour of the withdrawal, other Member States, the UN Secretary-General and the UN Security Council will be duly notified. Withdrawal will take effect six months from filing of the withdrawal application with the depository.
Ministry of Defence would like to emphasize that Latvia will continue to fully respect international humanitarian law, including the protection of civilians in armed conflicts, while ensuring its own security. Any possible acquisition, deployment and use of unguided anti-personnel mines will be based on military logic and defence capability development priorities. Part of the munitions that the armed forces have already acquired and will continue to acquire are various types of mines, both anti-tank and guided anti-personnel mines.
The Ottawa Convention was signed in 1997 at the end of the Cold War. The Ottawa Convention has 164 adherents, including all NATO members (except the USA). Latvia acceded to the Ottawa Convention by adopting the Law of 19 May 2005 “Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction”. The Ottawa Convention stipulates that signatory States undertake never under any circumstances to use anti-personnel mines; to develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, anti-personnel mines; to assist, encourage or induce, in any way, anyone activities to engage in any activity prohibited to a State Party under the Convention.
A State cannot suspend its membership in the Convention – it can only terminate it. The decision to withdraw from the Convention must be taken by the Latvian Parliament – Saeima. The withdrawal process is set out in Article 20 of the Ottawa Convention. According to it, a State Party has the right to withdraw from the Convention by notifying the other States Parties, the Depositary (UN Secretary-General) and the UN Security Council. The instrument of withdrawal must include an explanation of the reasons for the withdrawal. A Member State which has expressed its wish to withdraw from the Ottawa Convention shall cease to be a Member State six months after receipt of the notification by the depositary.
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