|The Fight Against Antipersonnel Mines - Facts and Elements of a Normative Approach to the Decision Process (European Commission, 1997, 65 pages)|
|Section 3: Terms reference|
The following documents are gathered under the title "reference terms", and therefore, strictly speaking, they are not considered examples of contracts. Every one of these sheets must be regarded as the compilation of all technical conditions going along with the corresponding contract.
Reference texts used for drafting service contracts are applicable in their main lines to the fight against mines, should die contracting party be a NGO or a commercial agency:
- General conditions of the contracts between the European Community and Non - Governmental Organizations for the implementation of the actions financed as part of rehabilitation programs in developing countries.
- General schedule of conditions related to the service markets financed by the European Development Funds (FED).
- General regulation and general conditions applicable to the markets financed by the FED.
- Financing agreements with ACP states.
Art. 1: Definition of the study
The contracting party undertakes to execute the feasibility study of a mine action operation in (such country, such region, such province)
Art. 2: Duration of the study
The contracting party undertakes to execute this study within the allocated time as of the date of signature of the present contract. The duration of the study is composed of:
- preparation of the mission (x weeks),
- completion of the study in the field (y weeks),
- search for complementary information and redaction of the report (z weeks).
Art. 3: Objectives
- to assess the extent of the problems posed by antipersonnel mines and unexploded ammunitions, both with regards to the safety of the individuals and to the economic development of the region concerned;
- give the necessary recommendations regarding the most appropriate mine action programs, based upon the types of mines and their mode of dispersion;
- assess the viability of the program objectively (see sheet 5), both with regards to its durability and to the cost-efficiency of the various strategies to be considered.
Art. 4: Proposals
The contracting party will propose before the Commission the general scope of a preliminary program of action to be implemented.
· Mine clearance
- Infrastructure depollution,
- Itinerary depollution,
- Zone depollution (either intensive or extensive).
· Warning of the populations
- Training, education,
- Information, prevention.
· Identification of the zones at risk and map making
· Technical assistance and institutional support for the creation of training institutions and infrastructure for local mine clearance operators, and the organization of proximity mine clearing operations.
· Specific medical training for medical care to the victims of mines and other traumatic wounds.
Art. 5: Carrying out the study
· Assessment of local means: the combination of some of these modes of action will be the rule. Therefore, the existing capacities in the field must be assessed, whether they are local resources or expatriated associative intervenors. The study will also take into account past and present mine action activities.
· Survey in the field: its objective is to collect a maximum of information both in the socio-economic and technical areas. In order for these two types of information to be treated equally and independently, the contracting party is requested to entrust these two surveys to two different teams:
- one will comprise specialists in humanitarian aid and development,
- the other will comprise specialists in mine action, and more specifically mine clearance operators.
· Sources of information:
- governmental and military authorities,
- international organizations,
- non-governmental organizations,
- the heads of the communities (administrative or customary)
- various "useful" key figures well aware of the topic (refugees, policemen, soldiers...).
Art. 6: Side measures related to security
The contracting party must be aware that this feasibility study includes risks that are significantly greater than those of more standard studies about developmental issues. Although this study is not meant to give opportunities to proceed to mine clearing operations, it might prove necessary to call upon specialized mine clearance agents for selective actions, or even for safety or prospecting measures. It is the responsibility of the contracting party to make an a priori estimation of their importance and to select the appropriate side-measures required. In such occurrence, he must provide his personnel with suitable insurance. The Commission will accept no responsibility in case of accidents or acts of war.
The contracting party will be assisted by a specialist appointed by the governmental authorities and selected by the national mine action Coordinating Structure (if such structure exists, otherwise a local expert will be recruited upon recommendation by the governmental authorities). The contracting party will charge the Commission for the extra cost entailed by this expert.
Art. 7: Implementation and logistics
To ensure the proper execution of his mission, the contracting party will make sure he:
- obtains the official authorizations required for his personnel to enter and move about in the country and conduct investigations in the affected zone. If necessary, the Commission will draft orders that the contracting party can have authenticated locally via the Delegation of the European Union.
- recruits qualified personnel, both in the socio-economic evaluation and the mine action areas.
- takes care of all logistic aspects necessary for the proper execution of the mission (transportation, housing, financial means, telecommunication and general logistic support).
Art. 8: Handing in the study
The study will be composed of two parts. The main part, consisting of information organized in a rational manner, will provide a detailed description of the living conditions in the area under study ; it will also objectively evaluate the impact of the presence of mines while distinguishing the zones that should be the subject of urgent measures. The second part of the study will follow more closely the evaluation grid given as an appendix to the present contract. The contract will be considered executed upon approval by the European Commission, at the latest on............................. Whether the study is approved or not will be confirmed by the Commission within a maximum of one month. This examination period is not included within the total duration of the contract.
The decision to finance a rehabilitation operation is a unilateral act by the European Union. Nevertheless, the financing may not be allocated to a rehabilitation program in any country unless the conditions of financing and utilization of the funds are laid down by contract between the European Union and the beneficiary State. The financing agreement in a mine clearing operation must deal with the following items:
PRELIMINARY TECHNICAL AND ADMINISTRATIVE ARRANGEMENTS
· Feasibility: presentation of the situation highlighting the necessity to intervene and giving an estimation of the financing. This report requires a feasibility study which may be completed by the E.U. (see previous sheet). It includes the following decision-making elements:
- a description of the rehabilitation or development program in which the mine clearing operation is included,
- a precise definition of the type of mine clearing operation. This may be a global or partial operation (mine clearance, warning and education of the populations, map-making, identification of the zones at risk, sign-posting...),
- estimated cost of the operation and breaking up of the cost.
· Administrative and technical scope
- definition of the territory subjected to the operation, geographical or administrative limits,
- duration of the action,
- selection of the most appropriate techniques,
- planning of the action and specification of the deadlines: examination of the market via invitations to tender, allocation of operation and supervision contracts, execution of operations,
- identification of the local intervenors,
- identification of the expatriated intervenors.
OBLIGATIONS OF THE BENEFICIARY STATE
· Administrative obligations:
- Drafting of the budget and of the financing plan; distribution between national and external financing.
- Responsibility of the Financing: the funds are allocated directly to the beneficiary state under the responsibility of the Secretary of the Treasury.
- Duty and tax exemption based on the aid granted by the E.U.
- Official appointment of the Minister in charge of the operational execution of the program, who will need to set up a mine action Coordinating Structure. This structure will draw up the national plan, will be able to negotiate with all the parties and to clearly define the zones of intervention of each. The Minister who has competence in mine action may be assisted in the first year by a consultant selected by means of a limited invitation to tender issued by the State and the E.U.
· Technical obligations: The State undertakes to:
- hand out to the operators all topographical and cartographical documents as well as statistical information they have available, which are essential for setting up the program,
- participate as much as possible in all the operations (definition of priority zones, availability of personnel, participation in information campaigns...),
- ensure the security and the accessibility of the territories concerned by the operation at no extra charge for the E.U.,
- lend assistance for the creation of living centers,
- grant all facilities for the creation of training centers,
- participate with all possible means in all operations carried out by the E.U. or under their control.
OBLIGATION OF THE STATE UPON COMPLETION OF THE PROGRAM OF THE E.U.
· Approval of the operations: The State undertakes to approve mine clearing operations under the following conditions:
- that maps be made of the cleared zones according to the clauses stipulated in the operator's contract (end of program map-making),
- that the national coordinating structure approve the operation based on the quality and consistency of the reports completed by the operators,
- that the quality control be subjected to favorable detailed reports.
Providing these three conditions are met, the State undertakes not to involve the liability of the operator and of the quality control agent, should accidents happen due to mines or unexploded ammunitions. In this case, on behalf of the State, the mine action Coordinating Structure will be responsible for the charges and repairs for all damage caused by such accidents. It is the responsibility of the State to set the duration of application of this provision. If these three conditions are not met, the State may refuse to approve mine clearing operations in all or part of the zone concerned after turning in a justified memorandum. In such conditions, the Coordinating Structure accepts the responsibility for charges and repairs for the damage caused by the accidents, but it will have the possibility, on behalf of the State, to involve the liability of the operator and/or the quality control agent. This provision is applicable for a period of three years after the end of the operations. By no means can the liability of the E.U. be involved. The Civil Court having jurisdiction in the region where the accident occurred has authority a priori.
· Continuation of the operations: Besides, the State undertakes to carry on with the execution of the national mine action program thanks to the means brought into play, to the acquisition of expertise and to the listing of the corresponding financing in the State budget. The development of an outline law specifically concerning mine action in the middle and in the long term would best express the will of the State to continue the work undertaken thanks to multilateral financing.
NOTICE: the reference terms below do not. take into account the possibility of a national procedure that the contracting party would then be compelled to follow. However none of the instructions they include may contradict specific regulations, except with regards to quality control which is based here on an obligation of means. In the event that the national regulation mild impose a control of the results, the prescribed clauses will be applied, and more specifically the tolerance rate (usually equal to 99.6%).
Art. 1: Definition of the program
The contracting party will proceed to the depollution of the .... area. The mine clearing operation in this area, well defined from a topographical and geographical point of view by the feasibility study, supposes the search and destruction of all antipersonnel mines present in the zone as well as all unexploded ammunition. The program is financed by the Commission and certified as being in compliance with the National Mine Clearance Plan arranged by the National Mine Action Coordinating Structure.
Art. 2: Means
For the implementation of the program, the contracting party must call upon the mine clearance methods best suited to the type of ground, especially those regarded as the fastest and most effective. The combination of several methods (manual, mechanical, using mine clearing dogs etc...) will be subjected to specific justification.
Art. 3: Duration
The contracting party undertakes to execute this program within a .............. length of time (in the case of an inclusive contract). Should he need a longer period of time, he would then have to justify his request.
Art. 4: Methods
Destruction of identified mines will be a priori performed on the spot (in situ destruction). A contrary proposal will be subjected to justification. Whenever necessary for the economic development of the country, the field will be put back into its original state. In the event that the contracting party would need to move the mines away in order to proceed to their destruction, he is under the obligation to perform the destruction within the same location on a daily basis in order to avoid piling up stocks.
Any destruction of mines, either in situ or outside the site, will be performed by means of explosives.
Art. 5: Work organization
The contracting party may propose to bring several worksites into play simultaneously and may split up his proposal into several phases. Each worksite will be run by a team composed of local mine clearance operators having received specific training in a specialized school within the country. Each team will comprise a maximum of 30 local operators; it will be supervised by a maximum of 3 expatriated technicians, either E.O.D. or NEDEX qualified.
Art. 6: Progress
As he progresses, the contracting party must clearly identify the zones that no longer pose a danger. He must be able to ensure the strict prohibition of access to the worksites.
Art. 7: Follow up of the worksite
The contracting party will write down on a daily basis:
- the progress of the team thanks to a daily topographical survey,
- the number of effective working hours,
- the composition of the team,
- the number of metal items located and removed; the number of mines (and other unexploded ammunition) located and destroyed in situ,
- the number of mines located and destroyed outside the site.
The contracting party will write down in a separate log all particular happenings:
- weather related trouble,
- relationship difficulty with the local population,
- topographical difficulty,
- discipline clash and disagreement within the mine clearance team,
- accidents: causes, immediate consequences, measures taken, evacuation.
Art. 8: Safety
The contracting party will appoint a person in charge of the quality and safety of the program. The number of assistants to this representative will be equal to the number of operating worksites. He will verify:
- the qualification of the mine clearance operators,
- the observance of operational procedures,
- that the organization of rescue is operational.
At the time of control, this representative will be made available to the agent controlling the worksite (see art. 13). In the event of a serious accident related to mine clearance activities, he will be responsible for writing a report to be immediately forwarded to the national mine action Coordinating Structure (for them to take action) while a copy is sent to the Commission (for their information).
In the event that a commission of inquiry would be set up, the contracting party undertakes to cooperate without restriction with the judicial authorities.
Art. 9: Telecommunication
The contracting party will describe the organization of the telecommunications he is planning to set up, and which should permit to link the Operational Center to the various worksites, to the medical structures and to the rear bases (closest town, hospital, etc...). The use of radio frequencies will need to receive firm approval by the local authorities.
Art. 10: Medical support
The contracting party will propose a medical structure capable of providing first aid, of sustaining the vital functions, of organizing the sanitary evacuation of the victim and of actually completing the evacuation. Such structure should have the capacity to have the patient admitted in a surgical center within a maximum of 6 hours. It may be critical to recourse to helicopters on duty.
Besides, all measures will be taken to ensure that the patient's admission in the hospital require no administrative precondition. For that purpose, preliminary agreements will be signed between the contracting party and the hospitals concerned.
Two nurses will be permanently appointed to each worksite of 30 operators. Besides their specific training, they will have competence in rescuing techniques in mined areas.
The rescue center in which a doctor is based should be less than two hours away form operating worksites. The medical structure should take care of the vaccination of all mine clearance operators. It must be under the obligation, within the scope of its main mission, to provide medical care to the local populations.
Art. 11: Logistics
The contracting party is responsible for providing all administrative and logistic materials and supplies necessary for the execution of the contract. He is responsible for supplying food, drinking water and gasoline. He must take care of housing, scheduling periods of rest for the operators, and finally of repairs, maintenance and security of the equipment.
Art. 12: Training of the personnel
In his proposal, the contracting party must clearly highlight the origin of the local mine clearance operators he plans to recruit, as well as the place and level of their training. If needed, it is granted that the contracting party will set up his own training center for the needs of the program. In such case, he will implement a training program authenticated by the Coordinating Structure, or, if there is no such structure, by an expert appointed b y the European Union.
The contracting party will include in his proposal the type of contract he proposes to use in order to recruit local personnel. This contract will necessarily stipulate the obligations of the employee, his working conditions and the modalities of his compensation in the event of an accident.
Art. 13: Quality assurance
It will be guaranteed by several controls performed by an independent specialist, appointed by the European Commission (DG8). This latter will control:
- the progress of the worksite,
- the compliance of the worksite with the information written in the daily activity log,
- the quality and maintenance of the equipment used,
- the expertise of the local mine clearance operators,
- the effective presence of expatriated experts.
Besides, if necessary, the specialist may request that mine clearance controls be made by the personnel of the contracting party and using their own equipment, as they should temporarily be made available to him. The reports of the quality control agent are forwarded to the Commission and to the National Mine Action Coordinating Structure, so as to constitute an acceptance file for the works.
The contracting party will comply with the recommendations of the control agent, especially in the event that the control of results would be found insufficient (necessity to start over the mine clearing operation in the controlled zone again).
Art. 14: Insurance
The contracting party is responsible for covering his personnel against the risks related to their professional activities. He must also have civil liability insurance against third-party risks. A model copy of an insurance contract for "indigenous mine clearance operators" will be enclosed with the proposal.
By no means can the liability of the European Commission be involved for fatal casualties, wounds or damage caused in the course of execution of the present contract.
Art. 15: Termination of the contract and acceptance of the work done
- Upon termination of the contract, the project manager will hand in maps of the work completed, along with a detailed descriptive report commented and signed by the quality control agent to the Commission, the sponsors and the National Coordinating Structure. The control agent will be present as the worksite is being accepted by the representative of the State.
- Acceptance of the works is decided upon by the National Authority (represented by the Coordinating Structure), upon presentation of the maps completed at the end of the program. In the event that the work would not be approved, the National Authority is entitled to involve the liability of the mine clearance operator for a three-year period of time, in case of a mine casualty. The operator may subscribe an occupational insurance to cover this risk. In such case, the Commission can be no means be charged for the amount of the premium.
NOTICE: the reference terms below do not take into account the possibility of a national procedure that the contracting party would then be compelled to follow. However none of the instructions they include may contradict specific regulations, except with regards to quality control which is based here on an obligation of means. In the event that the national regulation would impose a control of the results, the prescribed clauses will be applied, and more specifically the tolerance rate (usually equal to 99.6%).
Art 1: The mission
The mission of the controller is to guarantee before the Commission that the mine clearance agency is carrying out its action in the best possible conditions of efficacy and in the strict observance of the clauses of its contract with the Commission.
Art 2: Obligations of the controller
The controller must verify that the mine clearing teams work in a professional and efficient manner, that all the zones that will be the subject of mine clearance have been controlled, and that all elements and materials are used and maintained in compliance with the specifications of the manufacturers. Should he regard them as necessary, he may set up controls of mine clearing operations. In such case, he should use a 99.6% tolerance rate.
Art 3: General terms
The controller must remain on the national territory being subjected to mine clearance during a length of time equal to half the contractual duration of the program under control. However, no more than one round-trip travel will be paid for by the Commission in every six-month period.
The controller must remain as independent of the mine clearance company as possible. Nevertheless, due to his working and environment conditions, he will be authorized to request assistance from the company with regards to safety, housing, food and on-site transportation. A specific contract, restricted to this type of logistic support, may be signed between the agent and the mine clearance company.
The controller must be physically present in the zone for five consecutive days every week. However, he does not have to remain on the worksite permanently. He will be sure to organize his working time according to the organization of the mine clearance company itself in order not to slow down the progress of the worksites.
Art. 4: Technical conditions
In order to carry out his mission, the controller must be aware of the technical clauses in the contract between the Commission and the mine clearance company.
In application of the contract, he may call upon the own means and personnel of the company at any point, especially for controlling the results in the field.
The weekly report: at the end of each week of control, the agent will forward a report of activity to the National Coordinating Structure, indicating what controls have been performed, with regards both to the operational functioning and to the quality, utilization and maintenance of the materials. A copy of this report will be simultaneously sent to the Commission. Should the controller perform a control of the results in the field, he will need to indicate the reason why he took such a decision, which area was controlled, the results of such operation and the final decision taken. Lastly, the weekly report will also include the comments of the controller about the activity reports that the mine clearance company must forward to the National Coordinating Structure (for them to take action) and to the Commission-Delegation (for their information). The weekly report must not be divulged to the mine clearance company.
The emergency report: in the event of an emergency (accident, case of absolute necessity...), the controller must immediately inform the National Coordinating Structure (for them to take action) and the Commission (for their information) about the measures taken.
Art. 5: Obligations of the mine clearance company towards the controller
They are stipulated in the contract between the Commission and the agent and are summed up hereafter:
- Obligation to provide him with the same services as the mine clearance operators themselves in terms of assistance and medical care, including sanitary evacuation, in the event of an accident;
- Obligation to make personnel and materials available to him (x operators with their equipment, y vehicles, plus radio equipment...).
- Obligation to follow his recommendations, especially in the event that results would be found unsatisfactory upon control.
Art. 6: Obligations of the Commission
The Commission takes care of the transportation costs for the controller and his equipment. However, one long-distance round-trip only will be paid for per six-month period.
The commission also takes care of expenditures related to the implementation of the mission, which are due at the time of signature of the present contract. They may not exceed the cost of a one-month running period. The controller will have to provide the corresponding receipts within the month following his arrival in the field.
The wages of the controllers, set to ......... ECU's per day of presence in the site, are payable at the end of each month upon presentation of a presence account.
Art. 7: Liability and insurance
The controller accepts the risk of casualties that may occur in the field, whether or not the zone is recognized as mined by the mine clearance company. He also accepts the risks related to possible insecurity in the area. Consequently he is responsible for subscribing insurance in the same way as mine clearance operators. Besides, considering the fact that the controller himself may be the cause of accidents to third parties, he must be covered for civil liability. By no means will the liability of the Commission be involved.
Art. 8: Acceptance of work done
Acceptance of the works is decided upon by the National Authority (represented by the Coordinating Structure), based on the opinion of the quality control agent. In the event that the work would not be approved, the National Authority is entitled to involve the liability of the controller for a three-year period of time. The controller may subscribe an occupational insurance to cover this risk. In such case, the Commission will not be charged for the amount of the premium.
DEFINITION OF THE PROGRAM
The contracting party undertakes to warn the populations exposed to the dangers of mines by means of theoretical and practical education on all aspects of the measures to take to restrict the risks of accidents and injury caused by antipersonnel mines and unexploded ammunition.
Art. 1: General points
While carrying out his mission, the contracting party will:
- participate in the definition of educational messages and means;
- enforce the rules of the national and regional Coordinating Structures;
- use the training and information means and methods implemented by the governmental authorities in the same way as the other local, foreign or international organizations involved in similar programs;
- gather all necessary information related to mines and pass it on to the local authorities, to representatives of the population and to all associative, private or public companies in charge of a mine action program.
Art. 2: Duration of the program
It depends on the objectives aimed at, and on the geographical and demographical importance of the zone concerned. Three types of programs with different durations can be distinguished:
- warning and information: a minimum of 6 months;
- warning, information and training: a minimum of 1 year;
- warning, information, training and education: indefinite duration (until actual attainment of autonomy by the country in this area).
Art. 3: Modes of action
The various methods used to execute a program are the following:
- organization of direct training and information sessions for the general public;
- creation and circulation of messages adapted to more specific groups (youngsters, farmers, state employees...)
- organization and operation of information committees on mines (mine committee) in each village;
- collection, centralization and circulation of information about the location of mined zones (to carry out in parallel with the program of identification of mined zones if such program exists);
- reinforcement of the already existing coordinating structures;
- study of the productivity and of the impact of the messages in order to continuously adapt their contents and to modify the information-training programs as needed.
Art. 4: The personnel
The personnel is composed of controllers and local agents. The controller is a basic representative who can read and write and has received specific training on the educational material (mines and unexploded ammunition) and on the educational methods adapted to populations often characterized by a high rate of illiteracy.
These personnel are supervised and administered by expatriates specialized in communication and very learned in the mine area.
The contracting party undertakes to:
- recruit most of the controllers and all indigenous agents locally;
- train them locally;
- provide them with sufficient amounts of educational material.
Each controller will supervise from three to ten agents. The number of controllers required, based on the size of the area concerned, on the state of the roads, on the communication means, on major linguistic, social or political difficulty and on logistic means is set to X.
The number of expatriated executives should not exceed 2% of the total workforce.
Art. 5: Educational means
The contracting party takes care of the creation of educational means required and makes them available
- for training the controllers and the agents. These means may include reduced-scale models of mines and various devices;
- for information and training of the population. This material must be in sufficient amount and should not include models of mines or explosive devices. It must be easy to understand, abundantly illustrated and usable by all, including children and elderly people. It includes movies, videos, bulletins, abundantly illustrated flyers and posters.
Specific documents and gadgets will be given out to the people who attend the training and consciousness-raising meetings.
Art. 6: Obligation of consistency and complementarity
The Government sets the rules for national awareness campaigns which call upon telecommunication media (radio and television). It is critical to:
- ensure that local messages are consistent with those delivered in the national campaigns;
- participate, at the highest possible level, in the conception of national information campaigns;
- ensure that all educational supports of the program provided for in the present contract have been the subject of models approved by the mine action Coordinating Structure;
- ensure that whenever possible, the educational supports are conceived within the country and manufactured using local resources and expertise.
Art. 7: Administration and logistics
The contracting party undertakes to ensure the transportation, payment of wages and indemnities, and logistic support which are necessary for the proper implementation of the program and for its control.
Besides, he is responsible for the safety of the personnel while carrying out their duties.
Art. 8: The beneficiaries of the program
Should be distinguished:
- direct beneficiaries who have participated in at least one information session and one training session in the course of the program. To these should be added members of their families.
- indirect beneficiaries who have not been met in person by the instructors but who are known to have received the appropriate messages via some intermediates.
Art. 9: Evaluation of the program
The warning program will be evaluated using the following indicators:
- the number of direct beneficiaries. This
figure is communicated on a regular basis by agents and controllers. It is
confirmed by means of surveys conducted in a random fashion about the number of
individuals who have received and understood such or such message,
- the decrease in the number of injuries due to mines (such decrease may also be attributable to mine clearing operations),
- interviews with inhabitants selected at random, which permit to assess the extent of their knowledge in the area of accident prevention.
NOTICE: to the best of our knowledge, no such contract has ever been set up as of today; the survey mission has always been associated with either the population warning mission or the mine clearance mission. Nevertheless we believe that, due to the importance of cartography in solving rehabilitation problems (related to the presence of mines of not), the program of identification of zones at risk deserves a distinct definition. This is all the more justified that it requires the recourse to specialized techniques, the implementation of which is still partly dependent on prospective reflection.
Operations of identification and marking of zones at risk are subjected to specific contracts, independent of the feasibility study which bears a more global nature. The program must be associated with the population warning program as much as can be. The same enterprise (NGO or commercial agency) may implement both programs simultaneously.
PURPOSE OF THE CONTRACT
The contract has a dual purpose.
- to provide the population with as much information as possible regarding the mined zones so as to enable them to organize their own security and the economic development of their region, even before the depollution of the ground, which may take several years;
- to prepare cartographical information necessary for:
- the execution of mine clearance programs,
- the definition of priorities,
- the organization of work,
- the prospect of having more and more restricted access to the zones at risk in the future, as such information is necessary for setting up development programs.
Art. 1: Development of a cartography of exposition to the hazards of mines
The purpose of this contract is to set up the map of exposition to the hazards of mines using the resources of modern cartography and computer science, in order to carry out:
- first a cartography of the probabilities of mine pollution based upon geopolitical and historical data,
- then a realistic cartography based upon the investigations conducted in the field and the outcome of on-going mine clearing operations.
These computerized documents should allow to identify the different zones at risk:
- red zone: zone recognized as mined: moving about is strictly prohibited
- green zone: zone certified as safe
- orange zone: uncertain zone. This is the most dangerous of all and consequently it will be subjected to urgent depollution.
In the field, red and orange zones must be staked out and prohibited.
Art. 2: Work in the field
- Collection and analysis of available information,
- organization of meetings with the representatives of the region,
- inspection of the ground to search any possible clue,
- staking out of the hazardous zones in the field,
- topographical survey,
- evaluation of local (micro-economic) priorities.
The contracting party will use standard description and interpretation forms designed in cooperation with the computer experts in charge of remotely integrating them into a global cartography.
Art. 3: Involvement of the local populations
The contracting party will not fail to involve the local populations in the execution of these tasks, not only to draw as much information as possible from them, but also to make them aware of the necessity to respect the stakes which should not be moved.
Art. 4: Cartography
The map making method calls on modern techniques, with regards both to the creation of the support and to the indication of useful information. The use of computers and networks for the communication of data and pictures should permit to achieve the highest degree of reliability.
Map making should be carried out throughout the mine clearing operations and should permit a real-time follow up of their progression. It will have legal value when the cleared zone is being approved and may also be used subsequently to undertake other complementary or neighboring worksites.
Finally, these cartographical data may be used subsequently for the preparation and implementation of rehabilitation and development programs.
DEFINITION OF THE PROGRAM
The purpose of this program is to assess the impact of mine action on the safety and the social and economic well-being of the populations who have suffered from the presence of mines.
The best adapted methodology should combine surveys, inquiries and historical research. The reference terms proposed are as follows:
Art. 1: Surveys
The contracting party undertakes to use the «free interview» method, which consists in:
- selecting a representative sample out of the population, both on the basis of their origin (habitat) and of demography
This sample will be constituted using the standard methods used in opinion polls;
- preparing beforehand, in the form of «check-lists», the main lines of the interview so that the inquirer may collect as much information as possible in a standardized form;
- using a «closed-type» questionnaire in order to randomly verify some of the results of the free interviews.
Art. 2: Investigations
The contracting party will simultaneously organize investigations in the field in order to collect a maximum of information form diverse sources, enabling him to compare the living conditions before and after the mine clearing operations. Such information can be either objective and quantifiable or subjective and irrelevant. He will have to draw from them the most complete synthesis possible.
Art. 3: Historical investigations
The investigator will seek the social and economic data that could help describe the period preceding not only the "mine time" but also the wartime itself. A perfect knowledge of this historical situation will provide a reliable basis for all attempts to establish comparisons.
Art. 4: Synthesis
The final report should allow to establish a "population satisfaction ratio" based on elements that may be either quantifiable (economic resumption, refugee repatriation, decrease or even total cessation of accidents) or not (psychological aspects, social re-structuralization...).
Art. 5: The means
The contracting party will recruit within the country itself the greatest possible number of investigators by seeking bilingual students involved in this mission for a length of time compatible with the academic cycle. The total number of these local investigators must be in proportion to the number of interviews to be given within a limited period of time. They will be trained and supervised by a few expatriated practitioners (less than 5% of the total).
The contracting party will assume full responsibility for the logistics of the program, transportation, wages, educational material, plus all documents required for the investigations, in order not to stand as a burden for the country or its inhabitants... He will present a prospective budget that will be considered for approval on the basis of the overall cost of the mine clearing operation already subjected to the evaluation contract (as there must exist a direct relation between the respective extents of both programs).
Art. 6: Incompatibilities
The contracting party and the expatriated or local personnel participating in this program must not have participated in any way in the mine clearing operation being subjected to evaluation in the present contract.
The viability indicators in the present program are the following: the number of interviews given, the number of filled questionnaires, the number of local investigators enrolled.