National Demining Strategy: Points for Businesses to Consider

25 September 2024 - Publication

The general situation caused by the war has severely impacted the safety of the population, their livelihoods, and the socio-economic development of both regions and the state. This has led to significant challenges in the field of demining. To address these issues, the government adopted the National Demining Strategy for the period up to 2033 (hereinafter referred to as the Strategy). In addition to the Strategy, an Operational Plan for its implementation over the next three years has been adopted, detailing measures for 2024-2026 (such plans will be adopted every three years).

The Strategy sets the following objectives:

ensuring that territories are cleared of explosive ordnance for their safe and productive use;
reducing the impact of explosive hazards on human life and health;
developing and strengthening the demining management system.

The first strategic objective aims to expand the use of funds allocated in the state budget for compensating humanitarian demining costs for agricultural land and improving the implementation of the budget programme, “Compensation of Costs for Humanitarian Demining of Agricultural Land”.

Relevant amendments to Resolution No. 284, “On Approval of the Procedure for the Use of Funds Provided for in the State Budget for Compensation of Humanitarian Demining of Agricultural Land”, developed by the Ministry of Economy of Ukraine, were approved at a government meeting on 23 August 2024. According to these amendments, the Cabinet of Ministers increased the compensation amount for farmers who plan to demine agricultural land from 80% to 100%. Farmers with tax debts for land or outstanding single tax payments, if they belong to the IV group of single taxpayers, can also participate in the programme. Bidding for the procurement of agricultural demining services must be conducted exclusively through auctions in the Prozorro system, with the participation of at least two bidders.

The third strategic goal is to ensure sufficient human resources in the demining sector, including the approval of the professional standard “Explosive Ordnance Disposal Operator (Deminer)” according to international qualification levels for deminers.

It is worth noting that Ukraine has introduced a single unified certification procedure for demining operators. The Cabinet of Ministers of Ukraine adopted the relevant decision on 2 February 2024: “On the Implementation of a Pilot Project on Certification of Demining Operators and Demining Processes”. This procedure introduces unified validity periods for certificates (3 years for primary certificates and 5 years for extended certificates). Exceptional grounds for the termination or suspension of a certificate are also defined.

The Strategy also outlines the establishment of administrative liability for demining activities conducted by entities that have not obtained demining operator status, as well as for theft, destruction, damage, or improper storage of markers for hazardous or potentially hazardous areas. Financial liability will also be established for involving individuals who do not have demining operator status in demining activities. Draft amendments to the legislation are planned to be developed and submitted to the Cabinet of Ministers of Ukraine in the second and third quarters of 2025.

The Strategy further enshrines the following measures:

conducting systematic surveys of territories to determine the extent and geographical boundaries of areas at risk of explosive contamination;
establishing criteria for removing territories in Ukraine from the suspected presence of explosive ordnance, where non-technical surveys have not revealed any evidence of contamination, and granting such territories the appropriate status;
creating favorable conditions for introducing innovations in demining. A pilot project will be implemented to mandate the certification of mechanized demining (humanitarian demining), related products, components, and equipment. Between 2024 and 2026, the number of certified mechanized demining equipment is expected to increase by 10% in 2024, 10% in 2025, and 5% in 2026. Cooperation with leading foreign partners will help localize the production of humanitarian demining equipment;
creating conditions for the development of national demining goods production and maintenance in Ukraine, including introducing mentoring support for demining manufacturers;
ensuring public awareness of the geographical boundaries of areas that may pose explosive hazards;
ensuring effective coordination of explosive ordnance risk education;
providing adequate and accessible social protection for people affected by explosive hazards;
reducing the environmental impact of explosive ordnance contamination;
ensuring effective use of international technical assistance in the demining field. A “single window” mechanism has been introduced to facilitate requests for international technical assistance from government entities to donor representatives, while ensuring accountability for the assistance provided.

In summary, the Strategy identifies concrete steps to reduce the risks posed by explosive ordnance. It also emphasizes the need to strengthen the capacity of state demining operators and create conditions for developing a competitive market for demining services. The adoption of the Strategy will have a positive impact on both businesses and society. Moreover, the Strategy’s implementation is a key indicator within the Ukraine Facility, the EU’s financial support program for Ukraine.

OUR ARTICLE IN UKRAIINIAN ON LIGA ZAKON

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