BAN NEWSLETTER

Newsletter on Landmines & Cluster Munitions

ISSUE 24
APRIL 2009

EDITORIAL
IN THIS ISSUE:
“We are proud of this treaty,” said the Ban Advocates during the
signature in Oslo of the Convention on Cluster Munitions, “and particularly P1
of the victim assistance provisions. You all have made a difficult decision,
EDITORIAL
but it is the right decision. On behalf of all survivors, we stand here to thank
IN THIS ISSUE
you, to thank each and all of you, who have made this treaty a reality.”
P2
The new treaty owes much to the leadership of a group of states led
SIGNATURE OF THE
CONVENTION ON
by Norway and to the commitment of an ever-growing group of individuals CLUSTER MUNITIONS IN
coming from very diverse backgrounds. But states must continue their OSLO
efforts in order to ensure that affected communities truly benefit from the
treaty. “We believe Article 5 will make a real P5
“Today I am 17 years old, I do
COMMITMENTS TO
change in our lives,” said Soraj Ghulam Habib, a IMPLEMENT THE
not want to wait years until I Ban Advocate from Afghanistan. “Today I am 17 CONVENTION ON
am an old man to receive years old, I do not want to wait years until I am an CLUSTER MUNITIONS
assistance in my community or old man to receive assistance in my community or
to be able to get a job.” to be able to get a job. People who are injured by P 10

OPPORTUNITIES AND
cluster bombs should be able to receive emergency CHALLENGES ON
assistance and not be left to die in a hospital like I was until my father saved CLUSTER MUNITIONS
me.”
P 13
Those working hard to improve the lives of survivors, their families
VICTIM ASSISTANCE
and communities will have another milestone to work towards in 2009. In IMPLEMENTATION: SO
WHAT?
December 2009, those states party to the Mine Ban Treay will reaffirm their
commitment to the improvement of the lives of the hundreds of thousands of P 14
landmine and explosive remnants of war survivors at the Second Review
LANDMINE USE AND
Conference of the treaty. VIOLATIONS OF THE
MINE BAN TREATY

When looking at the groundbreaking provisions of the Convention P 15

on Cluster Munitions, now is the time for the Mine Ban Treaty to step up to
MINE CLEARANCE
the challenge and do even better. This can be done by creating an action DEADLINES: 15
plan for 2009-2014 with a strong victim assistance component. In short this EXTENSIONS!

CONVENTION ON THE
would mean increased inclusion of survivors, their families and communities
RIGHTS OF PERSONS
in the making of this action plan. They know their needs best, after all. But WITH DISABILITIES
the new plan should also attach equal importance to all components of
AWARDS
victim assistance, accessibility and rights issues. It should also be more
RECENT ARTICLES,
PUBLICATIONS AND
action-oriented. Because in the past five years we have seen that great
WEBSITES
progress has been made in planning victim assistance, but it can be feared
that the lives of many survivors have not improved. Unfortunately, we have P 16
had to launch our own investigation into this, as many states still do not
PROVISIONAL
report routinely on what the real effects of their actions have been on the CALENDAR

LIST OF
lives of survivors, their families and communities. We urge them to take the CONTRIBUTORS
new reporting requirements of the Convention on Cluster Munitions to heart
and also do better in the Mine Ban Treaty context in the next five years.

Founding Member of the ICBL,

Nobel Peace Prize Co-Laureate
 SIGNATURE OF THE CONVENTION ON CLUSTER MUNITIONS IN OSLO

1
On 3 and 4 December 2008, 94 states signed the Convention on Cluster Munitions (CCM)
2
in Oslo. In addition, 29 states attended the Oslo Signing Ceremony but did not sign the CCM. The
UN Secretary General stated that, “the conclusion of this Convention indicates a significant and
fundamental change in the position of many governments that, until recently, regarded cluster
3
munitions as essential to their security policies and military doctrines.” The Norwegian Prime
Minister said: “The Convention places a moral obligation on all states not to use cluster munitions.”
Joining the international community in commending Norway, the Philippine Ambassador said
that it was “Norway’s bold vision, leadership and persistence that set the process in motion and
provided the crucial support necessary to bring this treaty into a reality.” The Irish Justice (former
Foreign) Minister recalled “the journey to Oslo” and
“Norway’s bold vision, leadership and
underlined two particularly significant elements: “Firstly, the
persistence set the process in motion and
speed of the process from start to finish. There was of
provided the crucial support necessary to
course a long gestation, but once Norway took the initiative,
bring this treaty into a reality.”
negotiations were completed in little over a year” and “the
way we worked marks a new way of achieving our goals. A core group of committed States, flanked
by a much greater number of sympathetic States, worked closely with civil society and international
organizations to bring about a comprehensive humanitarian treaty. The cross-fertilization, stimulation
and mutual respect enriched and sustained the process.”
Three of the states most affected by cluster munitions signed:
Afghanistan, Lao PDR and Lebanon. Three user states, 14 states that have Tunisia signed on 12 January
produced and 33 states that have stockpiled cluster munitions signed the and DR Congo on 18 March
CCM. Of the 28 NATO Member states, all signed except Estonia, Greece, 2009. Five states already
Latvia, Poland, Romania, Slovakia, Turkey, and the United States. 4 ratified the new treaty:
Countries such as Bangladesh, Iraq, Nigeria and Sudan stated that they Norway, the Holy See, Ireland,
would sign the CCM as soon as possible. Tunisia signed in New York on Sierra Leone and Lao PDR.
12 January and DR Congo on 18 March.
The CCM will enter into force six months after 30 states have deposited their instruments of
ratification with the UN Secretary General. As of 20 March 2009, five states had already ratified the
CCM: the Holy See, Ireland, Lao PDR, Norway and Sierra Leone. About 20 signatory states
announced that they would ratify the convention within a short time. The Lebanese Foreign Minister
said that he sincerely hoped that “this convention would be signed and ratified as soon as possible

1
Afghanistan, Albania, Angola, Australia, Austria, Belgium, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria,
Burkina Faso, Burundi, Canada, Cape Verde, Central African Republic, Chad, Chile, Colombia, Comoros, Congo (Rep), Cook
Islands, Costa Rica, Côte d`Ivoire, Croatia, Czech Republic, Denmark, Ecuador, El Salvador, Fiji, France, Gambia, Germany,
Ghana, Guatemala, Guinea, Guinea Bissau, Holy See, Honduras, Hungary, Iceland, Indonesia, Ireland, Italy, Japan, Kenya,
Lao PDR, Lebanon, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Macedonia (FYR), Madagascar , Malawi, Mali,
Malta, Mexico, Moldova, Monaco, Montenegro, Mozambique, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Niger,
Norway, Palau, Panama, Paraguay, Peru, Philippines, Portugal, Rwanda, Samoa, San Marino, Sao Tomé and Principe,
Senegal, Sierra Leone, Slovenia, Somalia, South Africa, Spain, Sweden, Switzerland, Tanzania, Togo, Uganda, United
Kingdom of Great Britain and Northern Ireland, Uruguay, Zambia.
2
Bangladesh, Brazil, Cambodia, Cameroon, DR Congo, Cyprus, Djibouti, Dominican Republic, Estonia, Ethiopia, Finland,
Georgia, Greece, Iraq, Republic of Korea, Latvia, Moldova, Nigeria, Poland, Qatar, Serbia, Slovakia, Sudan, Swaziland,
Thailand, Timor Leste, Turkey, Ukraine and Vietnam.
3
For this message and all statements referred to, see www.osloccm.no
4
Email from Mary Wareham, Human Rights Watch, 19 January 2009.

2
 as no time should be wasted in getting this instrument into effect. Who knows as we speak, if
someone, somewhere, maybe in Lebanon, might be losing his life or a limb because of these
horrendous weapons.” The Cluster Munition Coalition pointed out: “The sooner we get 30
ratifications, the sooner the treaty saves lives.”

“Victim Assistance fundamental for the Convention as a whole”

The Holy See stressed that “Respect and a correct interpretation of Article 5 [on Victim
Assistance] are fundamental for the implementation of the Convention as a whole. To this end
responsibility is collective. But the role of the state is primordial. It is his task to develop a legislative
and political framework in which all public or private actors can fully play their role. (..) The first actor
should be the victims themselves.” The Foreign Minister of Croatia stated that “for many, many
people who will never be present in these rooms, the use of cluster munitions is a matter of life and
death – theirs, their children’s and their grandchildren’s life and death, we have tried to write the best
possible Convention that we could agree on. That is why Croatia has consistently supported the
strong language on victim assistance, the principle of non discriminations and the necessity of
national implementation.”

Afghanistan signs “as a tribute to the victims of cluster munitions”

The most dramatic moment of the conference came when Afghanistan unexpectedly
announced that their President approved instructions to sign the CCM. Afghanistan thanked “the
many Afghans5 whose efforts and activism lead the President to take the decision (…) to sign in Oslo
today” and explained why he changed the “principled position” that it had
“President Karzai’s decision maintained “as a reflection of Afghanistan’s current situation. We are
is, above all, a tribute to the effectively at war and any disarmament measure at a time of war requires very
victims of cluster munitions cautious treatment. Meanwhile, Afghanistan remains one of the worst affected
in Afghanistan and around nations by war and weapons, including cluster munitions. And it is this very
the world.” reality, and the recognition of the plight of the thousands of victims of cluster
munitions in my country that has resulted in President Karzai’s decision today.
This decision is, above all, a tribute to the victims of cluster munitions in Afghanistan and around the
world.” He looked also at the regional situation and said: “Like many nations present here today, we
in Afghanistan aspire to a world that is free of arms and munitions. Belonging to a region that suffers
from a dangerous over-armament, we consider it in our vital security and national interest.”

Cluster Munitions: “no place in the 21st century and beyond”

The Interior Minister of the Gambia stated that, “it would be extremely difficult for a state not
party to the convention to fund a legal source of these weapons should it choose to do so.” South
Africa called on “those States that choose not to join us in signing this Convention, to effectively do
away with all cluster munitions.” The Indonesian Defense Minister added, “We can succeed in
stigmatizing any future use of cluster munitions. And all of humankind will recognize cluster
munitions for what they really are: cruel, inhumane, and ultimately ineffective.” The president of
Sierra Leone called on “all well meaning states to consider the issues put forward by those who have
suffered because of cluster munitions, (…) we should accept that these cluster munitions have no
place in the twenty first century and beyond.”

Implementation: measure of success of the Convention

The Defense Minister of Tanzania reminded delegates that “the success of the Convention
will not be measured by the number of signatories or ratifying States, but rather on the degree of
6
implementation of all its provisions.” The Deputy Prime Minister of Bulgaria added that “The
determination must not stop here, it should start here as the length of the road from Oslo to the
affected areas and persons depends on all of us.” The Indonesian Defense Minister described treaty
implementation as “a long journey ahead in which we need to invest time, energy and resources.”
The Philippines stressed that national implementation “applies to the whole range of legal,
administrative and other measures, such as changes in military doctrine and operating procedures
and notification of organizations involved in arms development, production and transfer.”
Burkina Faso asked for an “Action Plan, which could be the instrument to fully and efficiently
implement” the CCM. The Deputy Prime Minister of Lao PDR urged all states “to deploy greater

5
Afghanistan’s decision resulted from extensive efforts by Ban Advocates Soraj Ghulam Habib and Suliman Safdar, as well
as Firoz Alizada from the ICBL. See also www.stopclustermunitions.org/media/press-releases/?id=1068
6
In Septembre 2008, Bulgaria hosted a Regional Conference attended by 10 governments from South-East Europe. See
www.stopclustermunitions.org/news/?id=704

3
 Lao PDR stands ready to
effort” to ensure that the CCM becomes “effective as soon as possible” and host the First Meeting of
announced that Lao PDR would stand ready to host the First Meeting of States States Parties.
Parties of the CCM. The Deputy Prime Minister of Luxembourg stated that “Through its ratification
act, Luxembourg will also prohibit investments in cluster munitions” and called on other countries to
“join in this initiative.”

Sub Saharan Africa: “a truly cluster munitions free continent”

The President of Sierra Leone stated, “Coming from a country that has seen the bitterness of
war and the devastating effects of cluster munitions, we support the African position that was
reached in Livingstone in March7 and the subsequent declaration in Kampala in
“Through its ratification 8
September this year.” As one of the African countries affected by cluster
act, Luxembourg will also munitions, Chad explained “the presence of UXO is synonym to daily and
prohibit investments in permanent danger for the population and constitutes a brake to humanitarian
cluster munitions.” and socio-economical development activities in the affected region. It constitutes
an obstacle to free circulation, access to pasture land, to water points, roads and economic hubs.”
According to the Kenyan Deputy Foreign Minister conflicts in Africa provide “re-entry ground for the
proliferation of all kinds of weapons including cluster munitions.” The Defense Minister of South
Africa hoped that “we will one day soon be able to call Africa a truly cluster munitions free continent.”
The Deputy Minister for Foreign Affairs and Cooperation of Mozambique stated: “The CCM will
successfully foil a disaster like the one caused by the landmines from unfolding again” and added
that the right to live without cluster munitions is “a human right.” The Japanese Foreign Minister
mentioned his own visit to the Thai-Cambodian border and said, “The visit made me realize the
importance of cooperation at the grassroots level.” The Cluster Munition Coalition (CMC) promised
to “work with energy and constant determination to bring more States into the treaty, to secure
ratifications, and ensure full implementation – and to monitor this convention with rigor, vigilance and
global reach.”

“The indomitable spirit of the Ban Advocates”

In his opening speech, the Norwegian Prime Minister said, “With courage and conviction,
Branislav and others who suffered the same cruel fate
turned their experience into
"We need countries to action. We will be indebted to
develop victim assistance these brave men and women
national plans and budgets, forever. For their relentless
including timeframes; to efforts in transforming our dream
designate a VA focal point; of banning these weapons into
to start collecting data and the reality of the convention we
take steps to mobilize are signing today.” The Irish
resources. We ask you to Justice Minister added, “The
keep your promise. We, the indomitable spirit of the Ban
Ban Advocates, are ready Advocates, overcoming terrible
to work with you from injuries to bear witness to the
tomorrow.” horrors of cluster munitions
inspired us throughout.” Echoing his Irish colleague, the Belgian Foreign Minister said, “Their
commitment has been a constant source of inspiration and remains vital for the promotion and
implementation of our new treaty.”
At the end of the conference, three members of the Ban Advocates team delivered a joint
statement that received a standing ovation. Berihu Mesele began by thanking “each and all of you,
who have made this treaty a reality.” Dusica Vuckovic then described the victim assistance
provisions of the new treaty as “invaluable to me as a wife of a cluster munition survivor and to my
children. I am sure these provisions will be invaluable to thousands of other families since after
ratification and full implementation they will bring the safety and dignity which is necessary in our
daily lives.” Soraj Ghulam Habib then concluded the statement by calling on countries “to develop
victim assistance national plans and budgets, including timeframes; to designate a victim assistance
focal point; to start collecting data and take steps to mobilize resources. We ask you to keep your
promise. We, the Ban Advocates, are ready to work with you from tomorrow.”

7
See www.stopclustermunitions.org/wp/wp-content/uploads/2008/05/report-on-livingston-conference-31-march-1-april.pdf
8
42 African states attended the Kampala Regional Conference on Cluster Munitions. For more information, see
www.clustermunitionskampala.ug and www.stopclustermunitions.org/news/?id=827

4
 More information on the signature of the CCM:
- Ban Advocates blog: www.banadvocates.org
- Cluster Munition Coalition: www.stopclustermunitions.org
- Convention on Cluster Munitions: www.clusterconvention.org
- ICBL: www.icbl.org
- ICRC: www.icrc.org/web/eng/siteeng0.nsf/html/section-ihl-cluster-munition
- Oslo Signing Conference: www.osloccm.no
- You Tube: www.youtube.com/user/CMCInternational

9
COMMITMENTS TO IMPLEMENT THE CONVENTION ON CLUSTER MUNITIONS

The Foreign Minister of Albania said, “we are optimistic that we shall succeed in clearing the
remaining and unexploded cluster munitions much earlier than the deadlines set in the Convention.”
10
The ratification process of Albania should be completed in the beginning of 2009. The Foreign
Minister of Australia stated, “Australia is working in our region to make the
humanitarian goals of the Convention a reality, through our five-year Mine “We shall succeed in
Action Strategy, which is backed up by a $75 million pledge.” Austria stated clearing the remaining
that it is “one priority” of the new government to ratify the CCM “as soon as and unexploded cluster
possible and to make the best contribution in the implementation phase.” munitions much earlier
According to the national law banning cluster munitions, which entered into than the deadlines set in
force in early 2008, Austria will destroy all its stocks of cluster munitions within the Convention.”
3 years. A number of projects to clear cluster munitions in Lebanon, Jordan
11
and Western Sahara were co-financed with Austrian funds. The Foreign Minister of Belgium stated
that Belgium “will start the ratification procedures without delay” while it is “already implementing its
provisions.” Belgium’s stockpile destruction should be finalized in the first half of 2009. The Foreign
Minister also announced that Princess Astrid of Belgium pledged to
Belgium submitted for “patronize the victim assistance action plan” that Belgium intends to
consideration of the States launch and that “special efforts will be devoted to gradually increase the
parties to the Statute of the number of signatories and to the universalisation of the humanitarian
International Criminal Court an norm.” The Belgian House of Representatives questioned the Foreign
12
amendement aiming at the Minister on the Convention on Cluster munitions on 22 October 2008.
inclusion of the use of cluster On 18 March, Belgium stated, “We have (…) submitted for consideration
munitions in the list of war of the States parties to the Statute of the International Criminal Court an
crimes. amendement aiming at the inclusion of the use of cluster munitions, as
13
prohibited by the Convention, in the list of war crimes.” Bolivia pledged
to ratify the CCM “in a very short notice.” The Foreign Minister of Bosnia and Herzegovina
expressed his support for the victim assistance provisions in a press release and stressed that
14
“innocent victims should be enabled to integrate fully in society and economic environment.”
Botswana described the CCM “as the first ever treaty to include very strong provisions on victim
assistance, thus putting the people first,” adding that it is in this spirit that his government “cherishes
the hope that the other parallel process on this subject, such as negotiations ongoing under [the
CCW], would not have the import of undermining the strength and purpose of this Convention.”
Burkina Faso and Burundi and Canada declared that they would soon ratify the CCM.

9
This section is largely based on statements delivered during the Oslo Signing Conference. Handicap International Belgium
welcomes comments or corrections. Most statements can be found on: www.osloccm.no. For an update on signatories,
see http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&id=22&chapter=26&lang=en
10
Email from the Mission of Albania to the EU, Brussels, 7 January 2009.
11
For more information see www.bmeia.gv.at/en/austrian-mission/geneva/the-mission/issues-and-responsibilities/the-
mission.html
12
See www.dekamer.be/doc/ccri/pdf/51/ic1077.pdf (in French and Dutch)
13
Email from Pierre Cartuyvels, First Secretary, Permanent Mission of Belgium to the UN, 19 March 2009.
14
See www.mfa.gov.ba/HTML/Arhiva/Eng/S_1208/S041208_B.html

5
 Canada stated that it is “in the process of destroying what remains of our existing stock” and added
that “Canada has been supporting the clearance of cluster munitions and other ERW within our
programmes established to address anti-personnel mines. Canada will
“Canada has been 15
continue to do so with vigour.” The Central African Republic stated that
supporting the clearance of the ratification process will be concluded as quickly as possible. Chad said
cluster munitions and other that “The elimination of unexploded ordnance is today a preliminary to the
ERW within our programmes implementation of many development projects in Chad.” Chile committed
established to address anti- itself to ratify the CCM soon and to promote the implementation of the CCM
personnel mines. Canada will within the Latin American region. Chile also offered to organize a regional
continue to do so with meeting, “which could give incentives and dynamism to the ratification
vigour.” process.” Colombia declared that it will destroy its cluster munitions. DR
Congo signed the CCM in New York on 18 March 2009. The Republic of Congo said that
measures will be taken for the ratification of the CCM within a reasonable timeframe, inviting other
states to do the same. The Foreign Minister of Cook Islands signed the CCM. The Foreign Minister
of Croatia stated that his country “will begin already tomorrow the parliamentary process of its
ratification.” The Defense Minister of the Czech Republic wrote in a letter that he “will personally
follow the internal procedures in order to speed up the ratification process.”16 Denmark said, “we
should spare no effort to convince those ‘absent friends’ that they must join an international
agreement on cluster munitions – either by joining the CCM or by building on the political momentum
and come to an agreement within the UN which could attract the participation of the larger user and
producer countries.” El Salvador committed to continue with “more brio, force and thrust” the task it
has undertaken. In November 2008, the European Commission stated that its efforts in support of
the Mine Ban Treaty will “be coupled by support” for the CCM, remembering the importance of
17
“reducing the socio-economic impact of mines and other weapons on victims.” In a press release
issued on 4 December the European Commissioner for External Relations and Neighborhood Policy
called on all countries “to swiftly sign and ratify this important convention so it can enter into force.”18
The European Parliament adopted on 20 November 2008 a resolution calling on all EU members to
"sign, ratify and implement the CCM at the earliest opportunity," and to take steps toward
implementation "even before it is signed and ratified." The resolution was adopted with 471 votes in
favor, 6 against and 21 abstentions.19 Member States are also requested to refrain from taking action
"which might circumvent or jeopardise the CCM and its provisions." In
particular, the Parliament calls on all EU members "not to adopt, endorse or The European Parliament calls
subsequently ratify a possible Convention on Conventional Weapons on all EU members "not to
(CCW) Protocol allowing for the use of cluster munitions which would not be adopt, endorse or
compatible with the prohibition of such munitions pursuant to Articles 1 and subsequently ratify a possible
20
2 of the CCM.” The author of the resolution said on 19 November, “We Convention on Conventional
unanimously condemn the unbelievable attempt by the USA, Russia and Weapons Protocol allowing for
China at the last Geneva conference to legalise cluster munitions within the the use of cluster munitions
CCW. (…) Our resolution will act as a call to the Commmission to make which would not be compatible
more funding – significantly more funding – available to protect people in with the prohibition of such
the contaminated areas and to remove the cluster munitions.” During the munitions pursuant to Articles
debate EU countries were urged to sign the CCM, in particular Cyprus, 1 and 2 of the CCM.”
Estonia, Finland, Greece, Poland, Romania, Slovakia and Slovenia, as well
as EU applicants Serbia and Turkey. The Foreign Minister of France declared in an unscripted
speech that he will urge the new United States president to sign the treaty. The Interior Minister of
the Gambia stated that “stockpile destruction should be a pillar of action that requires continues
vigilance, focus and support.”

15
For more information, see www.international.gc.ca/mines/support/after_fund-suite-fond.aspx?lang=eng
16
Email from Judith Majlath, CMC Austria, 2 September 2008.
17 th
9 Meeting of States Parties to the MBT, see www.apminebanconvention.org/en/meetings-of-the-states-parties/9msp/
18
See http://ec.europa.eu/external_relations/news/2008_en.htm?Page=6
19
Result of the vote can be found on www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//NONSGML+PV+20081120+RES-RCV+DOC+PDF+V0//EN&language=EN
20
See www.europarl.europa.eu/news/expert/infopress_page/031-42234-322-11-47-903-20081117IPR42231-17-11-2008-
2008-false/default_en.htm

6
 On 11 November 2008, the Parliament of Germany urged the government to “give other states
access to appropriate capacities in German industry, where resources
“We decided with immediate
permit, for the destruction and disposal of cluster munitions;” and to
effect to remove cluster
“increase the funds earmarked in the Federal budget for international victim
munitions from the German
assistance and mine clearance in harmony with the other treaty states.”21
armed forces' stockpiles and
On 3 December in Oslo, the German Foreign Minister said that his country
to destroy them. And in the
“decided with immediate effect to remove cluster munitions from the
coming year Germany will
German armed forces' stockpiles and to destroy them. And in the coming
make 2 million Euro
year Germany will make 2 million Euro available specifically for the removal
available specifically for the
of cluster munitions in other countries and for victim assistance
removal of cluster munitions 22
programmes.” The Minister of State of Ghana ensured that his country
in other countries and for
“sets the necessary processes in place to ratify the CCM as soon as
victim assistance
practicable after the elections.” Guatemala stressed the importance of
programmes.”
victim assistance and international cooperation and assistance. Guinea
stated that it is determined to take all needed measures for the quick transcription of all provisions
into national legislation. Guinea-Bissau said that the war had left UXO on its territory, “among which
[are] cluster munitions,” and declared that the new government “will submit the CCM to the
Parliament within the shortest time for approval and later ratification by the President of the
Republic.” The Holy See signed and ratified the CCM on 3 December 2008 and stated that “in order
to give a powerful political sign, the Holy See wanted to ratify this Convention on the signing day.
(…) We also want to send a call to all countries, in particular the producing, exporting and potential
users of cluster munitions to join the present signatories.” Honduras hailed the “Spirit of Oslo” as a
spirit of respect and defense of all human rights, including the right to life. The Foreign Minister of
Hungary stated that “the success of peacekeeping operations, as well as the safety of the
participating military personnel called for an arrangement in this Convention enabling us to conduct
joint operations in an effective manner” and welcomed the fact that “an appropriate provision” had
been worked out for the Convention. The Foreign Minister of Iceland said that it has used its
experience to “carry out de-mining operations in areas affected by cluster munitions, most recently in
Lebanon this year” and that it “will certainly continue to assist affected countries in clearing cluster
munitions infested areas. As a significant producer of prosthetics, Iceland will also continue to assist
victims.” The Defense Minister of Indonesia stated that his country was “committed to engage in
international cooperation” and “to look forward to the early entry into force and subsequent
universalisation of this Convention.” The Justice Minister of Ireland announced that “Ireland will
today deposit its Instrument of Ratification with the UN Secretary General.”23 The Irish Minister for
Overseas Development announced in March 2008 that Irish Aid will provide over €1.8 million for
24
humanitarian mine clearance in Afghanistan, Angola and Somalia. Italy said that “since 2006, it
provided 3 million euros for the UN cluster munitions clearance activities in
Lebanon” and committed to “an early ratification, support for the universalisation “During the period between
process and renewed efforts in mine action and victim assistance.” The Foreign 1964 and 1973, more than
Minister of Japan stated that it has given assistance to 38 countries since 1998, 580,000 US bombing
and will continue to do so. Japan contributes to the clearance of UXO in missions were carried out
countries that are affected by cluster munitions, including Lebanon, Lao PDR, over the country, dropping
Cambodia and Afghanistan. “This assistance is expected to amount to around over two million tons of
seven million US dollars,” he said. Kenya “recognized that this process has bombs. These included 270
given fresh impetus to multilateral diplomacy.” Lao PDR pledged “to do its million submunitions (…) of
utmost to ensure early ratification and implementation [of the Convention].” The which 30% failed to explode
Deputy Prime Minister said, “During the period between 1964 and 1973, more on impact.”
than 580,000 US bombing missions were carried out over the country, dropping
over two million tons of bombs. These included 270 million submunitions (…) of which 30% failed to
explode on impact and submunitions alone accounted for 80 million, scattered over the country as
UXO. More than 87,000 square kilometers of land, or 37% of the country surface, are contaminated,

21
German Bundestag, “Motion requiring swift ratification and translation into international law of a convention banning cluster
munitions of any kind,” Agreed draft dated 11 November 2008; email from Thomas Küchenmeister, Aktionsbündnis
Landmine.de, 19 December 2008. Original text in German available on
http://dip21.bundestag.de/dip21/btd/16/112/1611216.pdf
22
See www.auswaertiges-amt.de/diplo/en/Infoservice/Presse/Reden/2008/081203-BM-Streumunition.html
23
See www.dfa.ie/home/index.aspx?id=75416
24
See www.dfa.ie/home/index.aspx?id=43559

7
 of which over 12,000 square kilometers are considered as highly affected.” Referring to an ongoing
nationwide survey, he declared that “there have been 37,000 casualty reports received by the end of
September 2008 from 7,000 of the 10,000 villages in the country, with an average up to 300 a year
over the past decade. It is estimated that, once the survey is completed, there would be about
50,000 casualties.” Concerning clearance operations, he declared that “even with the international
assistance, over the past decade our roving and clearance operation teams have only cleared
approximately 130 square kilometers or about 0.2% of the UXO contaminated area in the country,
about 815,000 UXOs, including 381,013 cluster submunitions (…) were destroyed.” He concluded by
saying that implementing the new Convention will be a significant challenge for the Lao PDR, “which
cannot be taken up without sustained and increased financial support from the international
community.” Lao PDR pledged that it “will try, in the near future and
within the limits of its capacities, to increase its financial contribution to “The constructive relationship
the activities of the UXO Sector.” The Foreign Minister of Lebanon we have built demonstrates
called “for the broadest possible international support for the clearance what is achievable when we
operations” taking place in South Lebanon. The Deputy Minister for work together. This
Legal Affairs of Liberia praised signatory countries as “countries of partnership, for example in the
conscience.” The Deputy Prime Minister of Luxembourg said that his area of victim assistance,
country has already taken measures in order to be among the 30 first must continue as we move
signatories of the CCM. On 19 December 2008 the Council of Ministers into the implementation phase
of Luxembourg introduced a bill that prohibits investments in cluster of our work.”
munitions.25 The FYR of Macedonia assured a quick ratification of the
CCM. The Foreign Minister of Madagascar committed to ratify the CCM within the shortest time and
underlined that the article on interoperability should not constitute an obstacle for states signing the
CCM, rather it would encourage others to stop the use and transfer of cluster munitions. The Foreign
Minister of Malawi said that Malawi “fully supports and subscribes to the tenets of the conventions
and its full implementation” and called for “a conference to map the way forward.” Mali committed to
start the ratification process within the next parliamentary session. In Mexico, the Senate adopted on
26
11 March a decree to ratify the CCM. “Having in mind that in the recent past certain areas of the
Montenegrin territory were affected by the use of cluster munitons” the Foreign Minister of
Montenegro said, “it was equally important for us to establish cooperation in clearance and victim
assistance” and committed to be a “reliable partner in the implementation of the basic principles of
the Convention.” Mozambique stated that by signing the CCM “we are particularly responding to our
development needs.” The Foreign Minister of the Netherlands stated that his country contributed 20
million Euros to the clearance and destruction of ERW in 2008 and announced that it intends “to
maintain this level of support.” In a letter to the House of Representatives on 4 September 2008 the
27
Foreign Minister wrote that the Netherlands contributes a minimum of €13.6 million yearly. The
Netherlands has begun destroying its cluster munition stocks and “will start the process of ratifying
the Convention right after the signing ceremony,” he said. New Zealand welcomed the active role
played by civil society in drawing attention to the concerns posed by the use of cluster munitions.
“The constructive relationship we have built demonstrates what is
The Finance Minister of achievable when we work together. This partnership, for example in the
Norway excluded the area of victim assistance, must continue as we move into the
American company Textron
implementation phase of our work.” Norway, which hosted the Signing
Inc. Corporation from the Ceremony, signed and ratified the CCM on 3 December. The Norwegian
Government Pension Fund Defense Minister marked the start of the process to destroy cluster
– Global because it munitions on 28 October and said that all cluster munitions should be
“produces cluster weapons, 28
destroyed as soon as possible. On 30 January 2009, the Finance Minister
which are banned pursuant
of Norway excluded the American company Textron Inc. Corporation from
to the Convention on
the Government Pension Fund – Global because it “produces cluster
Cluster Munitions.” weapons, which are banned pursuant to the Convention on Cluster
29
Munitions.” Panama assured a quick ratification of the CCM.
The Philippines said that the CCM should promote and protect “the human rights of its migrants and
peacekeepers present in conflict zones as well as those victims in the severely affected member
states in the ASEAN” and expressed the will “to guarantee their access to assistance when needed,

25
See www.gouvernement.lu/salle_presse/conseils_de_gouvernement/2008/12-decembre/19-
conseil/index.html?SID=02aabb0c3993f61d9a1a405344d5d9be#4
26
See www.senado.gob.mx/gace.php?sesion=2009/03/11/1&documento=31
27
See www.minbuza.nl/nl/search/simple?page=2&query=clustermunitie
28
See www.npaid.org/?module=Articles;action=Article.publicShow;ID=6958
29
See www.regjeringen.no/en/dep/fin/press-center/Press-releases/2009/cluster-weapons-manufacturer-excluded-
fr.html?id=543105

8
 and to be able to live full and active lives.” Samoa called on all states to “implement this
Convention.” The Defense Minister of Sao Tomé and Principe said it aimed to complete the
ratification process as fast as possible. Senegal promised to start the ratification process without
delay. Sierra Leone signed and ratified the CCM on 3 December 2008. The Foreign Minister of
Slovenia firmly committed to supporting the “clearance of cluster munitions remnants in South-
“As a country that used to Eastern Europa” and to ensuring “cluster munitions victims’ assistance
produce and stockpile cluster and rehabilitation.” The Defense Minister of South Africa admitted: “As a
munitions (...), we have come country that used to produce and stockpile cluster munitions (...), we have
to the belief that these come to the belief that these weapons have not only become obsolete as
weapons have not only weapons of modern warfare, but that their recent use in conflicts have
become obsolete as weapons shown them to cause unacceptable harm to cilivians, long after the
of modern warfare, but that cessation of active hostilities.” He announced that “a relatively small
their recent use in conflicts stockpile of outdated cluster munitons (…) have been earmarked for
have shown them to cause destruction.” He called the ratification “a matter of priority” and mentioned
unacceptable harm to the support of some African countries with the clearance of mines. In a
cilivians, long after the briefing on 5 December 2008 he said that South Africa is committed to
cessation of active hostilities.” make its expertise available to countries that require assistance in the
clearance of mines and concluded by commending “those South African
organs of civil society, especially the Institute for Security Studies (ISS) and The Ceasefire
30
Campaign for the role they played in the international campaign to ban cluster bombs.” On 17 July
2008, the Defense Minister of Spain presented her policy to implement the CCM
The Ministry of Defense
to the Spanish Parliament. She began her presentation by telling the story of
of Spain announced on
Soraj Ghulam Habib, a Ban Advocate from Afghanistan. She also announced that
31 18 March that the entire
€4.4 million would be spent on victim assistance in 2008. The Foreign Minister
cluster munition
of Spain stated that the government established in July 2008 a unilateral
stockpile had been
moratorium on the use, development, production, acquisition, stockpiling,
destroyed.
conservation and transfer of cluster munitions and is committed to start as soon
as possible the destruction of stockpiled munitions. The Ministry of Defense announced on 18 March
that the entire cluster munition stockpile had been destroyed.32 Sweden stated that it “will continue
its far-reaching efforts, nationally and through the European Union, to support victims of explosive
remnants of war.” Switzerland committed to do everything in its power in order to bring the
ratification process quickly to a conclusion. The Defense Minister of Tanzania pledged to do his part
on the task of domesticating and implementing the Convention. Tunisia signed the CCM in New
York on 12 January 2009. The Foreign Secretary of the United Kingdom stated on 3 December,
th
“Since the 30 of May we in the UK have been destroying our cluster munitions one by one.” The
Prime Minister wrote on 28 October 2008 that “the Armed Forces have ceased to use the two cluster
munitions that the UK retained, the M85 and CRV-7 Multi Purpose Sub Munitions/M73, and put them
into a destruction programme. Also, under the new export control regulations introduced this month
all cluster munitions have been classified as Category “A” goods, making them subject to the most
33
stringent level of trade controls.” The UK Government amended its Trade Control legislation to
prevent “UK persons” (both individual nationals and companies), anywhere in the world, from
trafficking or brokering cluster munitions as defined in the CCM.34 On 26 November 2008 the United
Kingdom stated that it contributes “around £10 million to clearance operations in mine-affected
countries” and confirmed that it has decided to maintain current levels of funding for a further 3 years
until 2013, adding that “over the next 4 years the UK will continue this effort.”35

30
See www.info.gov.za/speeches/2008/08120810451004.htm
31
Cortes Generales, Ano 2008, IX Legislatura, Num. 58, Sesion num. 4, 17 de Julio de 2008 (numero de expediente
214/000026).
32
See www.mde.es/NotasPrensa?id_nodo=4072&accion=1&id_nota=1976
33
Letter from UK Prime Minister Gordon Brown to Landmine Action, 28 October 2008.
34
Email from Richard Moyes, Landmine Action, 3 October 2008; see
www.berr.gov.uk/whatwedo/europeandtrade/strategic-export-control/legislation/export-control-act-2002/page46968.html
35
Statement of the United Kingdom to the Ninth Meeting of States Parties to the Mine Ban Treaty, see
www.fco.gov.uk/en/newsroom/latest-news/?view=Speech&id=9757102

9
 36
OPPORTUNITIES AND CHALLENGES ON CLUSTER MUNITIONS

Argentina adopted the CCM in Dublin. Armenia stated in a letter to the Cluster Munition Coalition
that “it values the new Convention as an important step toward the total elimination of an entire
category of excessively injurious conventional weapons,” but cannot join the CCM “at this moment.”
Armenia’s signature of the CCM is “contingent on a similar level of political commitment by other
parties in the region to adhere to the similar Treaties and comply with its regime.” The letter makes
clear that Armenia cannot sign the CCW, the MBT and the CCM “unless Azerbaijan agrees to do so.”
However, Armenia believes that “once an agreement on the settlement of the Karabakh conflict is
reached, a complete and safe demining of the areas affected by the conflict will become possible in
cooperation with all parties concerned, and the signing of the Treaties and
37
Conventions mentioned above would be an asset for both sides.” Azerbaijan “We are not (…) in a
attended the conferences in Belgrade, Brussels and Vienna. Bangladesh position to sign the
attended the Oslo Signing Conference and said, “we are not (…) in a position Convention now because
to sign the Convention now because the internal procedures within the the internal procedures
government, which are necessary for acceding to such an international within the government,
agreement, could not be completed” and added that “we are attending this which are necessary for
signing ceremony (…) as a goodwill gesture to demonstrate our willingness to acceding to such an
join the celebration of the spirit and purpose of disarmament.” Bahrain and international agreement,
Belize adopted the CCM in Dublin. Brazil attended the Oslo Signing could not be completed.”
Conference as an observer and “there are some signs that it may be
reconsidering its opposition to joining the CCM.”38 A draft law prohibiting the production, use and
commerce (export and import) of cluster munitions was introduced in the Chamber of
39
Representatives in February 2009. Brunei Darussalam adopted the CCM in Dublin. Cambodia
stated in Oslo that it “fully supports this Convention.” However, “due to recent security development,
Cambodia now needs more time to study the impacts of the convention on its security capability and
national defence.” Cambodia recalled that it is “one of the countries that suffer the most from cluster
munitions, with about 20 million bomblets dropped on its territory between 1969 and 1973. These
bomblets used more than 30 years ago still claim the lives and limbs of many civilians on a daily
basis. (…) Therefore, the (…) governement (…) spares no efforts to remove these explosive devices
and to deal with this long term threats to human lives and development.” Cameroon adopted the
CCM in Dublin and attended the Oslo Signing Conference. Cyprus, Djibouti and the Dominican
Republic attended the Oslo Signing Conference. Egypt attended the Dublin Conference as an
observer. Eritrea and Estonia attended the Oslo Signing Conference. The Defense Ministry of
Estonia stated on 16 January 2009, “Estonia supports the restriction of [cluster munitions]. Due to
this reason Estonia strives towards international agreements on cluster munitions to which also the
biggest producer and owner countries of such weapons systems would commit to. (…) Cluster
munitions play an important role in the defence of a small country such as Estonia and their
replacement with an equally effective weapons system is costly and time consuming. Estonian
Defence Forces possess a certain amount of cluster munitions which can be used on howitzers;
however, cluster munitions are not used in peace time training and on international operations.
Cluster munitions can only be used in case of fending off a military aggression against Estonia and
even then outside of populated areas. Deriving from the above mentioned reasons Estonia could not
40
accede to the CCM in Oslo last December.” Ethiopia, a country affected by cluster munitions,
attended the Oslo Signing Conference. The Commissioner for Human Rights of the Council of
Europe proposed on 16 December 2008 “an international, independent and impartial investigation
41
be launched into the use of cluster bombs during the hostilities” in Georgia. On 3 December 2008
the European Union High Representative for the Common Foreign and Security Policy welcomed
the CCM “that is being signed by a number of states, including a large majority of EU Member
States” and called it “an important step forward in tackling the humanitarian problems caused by
cluster bombs which are a major concern to all EU Member States.” He went further to say that “The

36
This section is largely based on statements at the Oslo Signing Conference and the Ninth Meeting of States Parties to the
Mine Ban Treaty. See www.osloccm.no and www.apminebanconvention.org/en/meetings-of-the-states-parties/9msp/
37
Letter from Arman Kirakosian, Deputy Minister, Ministry of Foreign Affairs of the Republic of Armenia to the Cluster Munition
Coalition, 5 November 2008.
38
See www.disarmamentinsight.blogspot.com
39
Email from Cristian Wittmann, Brazilian Campaign to Ban Landmines, 21 February 2009. See also
www.camara.gov.br/sileg/Prop_lista.asp?Autor=522340&Limite=N
40
Email from Kai-Helin Kaldas, Ministry of Defense, Estonia, 16 January 2009.
41
See www.reliefweb.int/rw/rwb.nsf/db900SID/JBRN-7MDK3J?OpenDocument; See also Executive Summary and full report
on www.reliefweb.int/rw/rwb.nsf/db900sid/jbrn-7mdk7e (under Publications)

10
 EU is playing and will continue to play a leading role in promoting the adoption of a protocol on this
type of munition within the UN framework of the Convention on
“(…) cluster munitions have
Conventional Weapons (CCW) to involve all major possessors and users of
been acquired to take the 42
this type of munition.” In a press release issued on 31 October 2008,
place of another type of
Finland stated that it “will not sign the Oslo Convention.” The issue “will be
inhuman weapon, the anti-
discussed again after an evaluation of defence capabilities has been
personnel mine. This,
carried out and the international development work along with the supply
however, is like using
and cost options of cluster munitions have been analyzed.” The situation
Beelzebub to cast out the
will be followed “on an annual basis” and Finland “will participate in the
Devil. (…) EU countries must
implementation of the Oslo Convention through humanitarian mine
now show consistency in 43
action.” In November, Finland reported that it intended to “maintain” its
their opposition to cluster 44
level of mine action funding in 2009. In November, a Finnish Member of
munitions and also refuse to
the European Parliament declared, “It is very important that all the EU
engage in any military
Countries join the Convention, including Finland, Greece and Poland,
operations in which they are
otherwise, we will be giving other countries an all too easy excuse to
used.”
continue using these inhumane weapons.” Regretting that Finland intended
to remain outside the CCM, she said: “The justification for this is that cluster munitions have been
acquired to take the place of another type of inhuman weapon, the anti-personnel mine. This,
however, is like using Beelzebub to cast out the Devil” and she added that “the EU countries must
now show consistency in their opposition to cluster munitions and also refuse to engage in any
military operations in which they are used.”45
Georgia attended the Oslo Signing Conference. On 2 September the Georgian Foreign Ministry
wrote, “Georgian armed forces have GRADLAR160 multiple launch rocket system and rockets (of
MK4 LAR160 type with M85 bomblets) with the range of 45 kms. (…) The Gradlar system was used
against Russian military equipment and armament marching from Rocki tunnel to Dzara road.”46
Human Rights Watch reported on 4 November that “At least 17 civilians were killed and dozens
wounded by cluster munitions used by both sides. (…) Human Rights Watch documented the use of
Russian cluster munitions in six towns and villages and Georgian cluster munitions in nine, though
most of the casualties investigated appeared to be caused by the Russian weapons.”47 Greece
attended the Oslo Signing Conference. In India, about ten Members of Parliament took part in a
meeting of the Control Arms Foundation India (CAFI) held on 31 October while over 1,000 citizens
signed the People’s Treaty calling on the government to ban cluster munitions.48 In November, India
stated that it carried out demining operations in Angola, Cambodia, and Afghanistan.49 Iraq stated at
the Oslo Signing Conference that it will sign the CCM and join “the countries as soon as possible
after the completion of national and constitutional procedures.” After reports in the press of cluster
munitions use by Israel in Gaza, the mission of Israel in Geneva denied any use of cluster munitions,
“confirming that Israel is aware of the highly dense population in Gaza and that necessary measures
are taken not to hit civilians but only legitimate military targets, while operating under International
Humanitarian Law.” On 4 December 2008 the Ambassador of Israel in Norway wrote that “Israel
holds cluster ammunition a legitimate weapon that (…) is subject to Humanitarian Law. However, in
light of the humanitarian aspect of unexploded ammunition left on ground, Israel has welcomed the
decision to start negotiations in the frame of the (…) CCW, (…) the proper place for discussions on
50
the subject.” Jamaica adopted the CCM in Dublin. Jordan, a leader of the Ottawa process,
adopted the Oslo Declaration and attended the Vienna Conference. The Republic of Korea attended
the Oslo Signing Conference where it was quoted as saying "We value the intent of the Oslo Treaty,
but considering the current relations between the North and the South, we can't sign it. Today I'm
here to show our presence from our perspective of placing emphasis on human rights diplomacy."
On 8 December, an MoD official said to the Japanese Mainichi Daily News that the Republic of
Korea, “which confronts the heavily armed North Korean military, can't abandon scatter bombs
(cluster munitions).”51

42
See www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/declarations/104477.pdf
43
See www.government.fi/ajankohtaista/tiedotteet/tiedote/en.jsp?oid=243263
44
See www.apminebanconvention.org/en/meetings-of-the-states-parties/9msp
45
See www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+CRE+20081119+ITEM-013+DOC+XML+V0//EN
46
See http://georgiamfa.blogspot.com/2008/09/response-to-human-rights-watch-inquiry.html
47
See www.hrw.org/en/news/2008/11/04/georgia-more-cluster-bomb-damage-reported
48
See www.stopclustermunitions.org/news/?id=899
49
See www.apminebanconvention.org/en/meetings-of-the-states-parties/9msp/
50
Letter from the Ambassador of Israel in Oslo to IKV Pax Christi Nederland, 2 December 2008.
51
See http://mdn.mainichi.jp/features/cluster/news/20081208p2a00m0na015000c.html

11
 Kazakhstan, Lybia and Kuwait attended the Dublin Conference as observers. Kyrgyzstan adopted
the CCM in Dublin. Latvia attended the Oslo Signing Conference. Morocco adopted the CCM in
Dublin and attended the Oslo Signing Conference. AfricaFiles wrote on 3 December, “Only in North
Africa and the Horn of Africa, governments will not ban the devastating weapon. Morocco has
however indicated a possibility of signing the convention later.”52 Malaysia adopted the CCM in
Dublin, as did Mauritania. In September, Mauritania expressed its intention to sign the CCM. It
stated that Article 5 on Victim Assistance is “an essential foundation of the treaty” and that victims
should be involved in “the search of all mechanisms necessary for their social and economic
insertion.” The treaty will “only be effective with accompagnying measures in order to promote the
autonomy and the individual rights of the victims, so that they can be the real actors of their lives.”53
Nigeria said at the Oslo Signing Conference that “as soon as our internal processes and due
diligence are completed, and this I assure you will be sooner than later, Nigeria will sign and ratify
the Convention.” Oman attended the Dublin Conference as observer. Papua New Guinea adopted
the CCM in Dublin and attended the Oslo Signing Conference. Poland attended the Oslo Signing
Conference. On 14 November 2008 the Deputy Foreign Minister met with a joint ICBL-CMC team
that called on Poland to sign the CCM and ratify the Mine Ban Treaty. The Secretary General of the
Conference of Bishops also called on the Polish government to sign the CCM and ratify the Mine
Ban Treaty. Polish officials stated that Poland needs to keep landmines and cluster munitions for
54
self-defense of its territory. Qatar adopted the CCM in Dublin and attended the Oslo Signing
Conference. Romania and Saudi Arabia attended the Dublin Conference as observers.
Human Rights Watch documented the use of cluster munitions by Russia in
“Human Rights Watch
Georgia in summer 2008 (see hereabove). On 20 October,
“The cluster munitions documented the use of
the Ministry of Foreign Affairs of the Netherlands released a Russian cluster munitions in
are prohibited for use in report according to which, “Stan Storimans died (…) due to
the Russian Army. The six towns and villages and
fatal injuries caused by a 5mm bullet from an anti-personnel
troops phisically cannot Georgian cluster munitions
submunition released by a cluster weapon. The area around
use this weapon - they in nine, though most of the
the square in Gori (…) was hit by a cluster weapon
have none. NONE.” casualties investigated
comprising about 20 exploding submunitions. (…) The appeared to be caused by
cluster weapon must have been propelled by a tactical
the Russian weapons.”
ballistic rocket of type SS-26 missile, from the Russian Federation.”55
However, Russia denied having used any cluster munitions. In a letter to the Nepal Campaign to Ban
Landmines, the Russian embassy in Kathmandu wrote that “The cluster munitions are prohibited for
use in the Russian Army. The troops phisically cannot use this weapon - they have none. NONE.”56
Serbia adopted the CCM in Dublin and attended the Oslo Signing Conference. Seychelles adopted
the CCM in Dublin, where it expressed “full and unreserved support for the Wellington Declaration”
57
and stated that it “looks forward to sign the Convention at the earliest opportunity.” Singapore
58
declared a moratorium on cluster munition exports and attended the Dublin Conference as an
observer. Slovakia adopted the CCM in Dublin and attended the Signing Conference. Sudan
adopted the CCM in Dublin and said at the Signing Conference that it will be signing as soon as
59
possible, once logistical and national measures are completed. Swaziland adopted the CCM in
Dublin and attended the Signing Conference. Thailand stated at the Signing Conference that it
“maintained its support to the principles” of the CCM, but that it required “further evaluation of our
national military capability” to carry out the obligation of destroying the “limited stockpile” of cluster
munitions that must be destroyed as soon as possible, which will involve “heavy costs.” Thailand
said that it is “seeking ways to find an appropriate solution, with a view to develop a comprehensive
national plan to balance the humanitarian concern of cluster munitons with our national security
interest” and added that it has “neither the intention to use these cluster munitons, nor acquire more.”
Timor-Leste adopted the CCM in Dublin and attended the Olso Signing Conference. Turkey
attended the Signing Conference. On 5 December, Today’s Zaman in Ankara reported that Turkey
will “first take care of its long overdue commitment to eradicate land mines before joining an
60
international treaty banning cluster bombs.”

52
See www.africafiles.org/article.asp?ID=19585
53
Statement by Ambassador Camara Saloum Mohamed, Kampala, 30 September 2008.
54
See www.stopclustermunitions.org/news/?id=1031
55
See www.minbuza.nl/binaries/en-pdf/scannen0001.pdf
56
Letter from Roman Bryulgart, Press Attaché, Embassy of the Russian Federation in Nepal, to the Nepal Campaign to Ban
Landmines, 18 August 2008.
57
Email from Thomas Nash, CMC, 12 December 2008.
58
See www.straitstimes.com/Breaking%2BNews/Singapore/Story/STIStory_307028.html
59
Email from Katherine E. Harrison, Landmine Action, 5 December 2008.
60
See www.todayszaman.com/tz-web/detaylar.do?load=detay&link=160692&bolum=100

12
 Ukraine expressed at the Signing Conference its desire to support the Oslo process. The Foreign
Ministry stated on 11 December that “Ukraine assumes that cluster munitions are legal weapons and
that their use is not banned by the norms of the international humanitarian law. Ukraine thinks that a
new global ban on an entire category of weapons should be based on its obligatory and universal
application. This is why Ukraine abstained from signing the above-mentioned document today."61
The United Nations General Assembly adopted on 2 December
2008 a resolution on cluster munitions, asking the Secretary General “President-elect Obama is deeply
to provide the necessary services to fulfill the tasks entrusted to him concerned about the well-being of
by the Convention.62 In the United States, the President-elect’s chief civilians in situations of conflict, as
national security spokesperson released the following statement on 3 reflected by his support of the
December: “President-elect Obama is deeply concerned about the legislation in 2006 that would have
well-being of civilians in situations of conflict, as reflected by his prohibited the use of cluster munitions
support of the legislation in 2006 that would have prohibited the use near concentrations of civilians. As
of cluster munitions near concentrations of civilians. As president, he president, he will carefullly review the
will carefullly review the new treaty and work closely [with] other new treaty and work closely [with]
countries to ensure that the United States is doing everything feasible other countries to ensure that the
to promote protection of civilians in conflict.”63 In September, then United States is doing everything
candidate Obama wrote to the Arms Control Association, “As feasible to promote protection of
president, I will help lead the way on these issues. Our military has civilians in conflict.”
legitimate concerns on these issues, and I look forward to consulting
closely with leadership at the Department of Defense as we shape policies on these key issues. At
the same time, I recognize that our forces have been moving away from using cluster munitions and
anti-personnel landmines ourselves, and these trends can be accelerated with targeted investments
64 65
in innovative technologies.” A Disarmament Insight article released in January notes that the new
Deputy Secretary of Defense “has been the Senior Vice President for Government Operations and
Strategy at Raytheon,” a company listed as a cluster munition producer.66 The article concludes, “If
US allies who are supporters of the Oslo Treaty are to have a positive impact, they will need to be
working at convincing not only civilians in the new administration, but also their US military
colleagues.” On 10 February, the leaders of 67 US-based organizations called on President Obama
to join the Mine Ban Treaty and the Convention on Cluster Munitions.67 On 12 February, Senators
Leahy and Feinstein and Rep. McGovern introduced legislation “to restrict the use or deployment of
dangerous cluster munitions.” On 11 March, President Obama signed into law a permanent ban on
nearly all cluster munition exports from the United States. The legislation states that cluster
munitions can only be exported if they leave behind less than one percent of their submunitions as
duds, and if the receiving country agrees that cluster munitions "will not be used where civilians are
68
known to be present." Vanuatu and Venezuela adopted the CCM in Dublin. Vietnam attended the
Oslo Signing Conference. Zimbabwe expressed support for the Oslo Process in September 2008.

VICTIM ASSISTANCE IMPLEMENTATION: SO WHAT?

According to a report issued in November, although “it is unclear as yet what the funding
implications of the Convention on Cluster Munitions (CCM) will be (…), the
“The Mine Ban Treaty has Convention on Cluster Munitions needs to be recognized as creating new legal
been instrumental to the obligations for signatories, affected countries and donors alike.”69 The
strong victim assistance Landmine Monitor stated in November that “The Mine Ban Treaty was
language of the Convention instrumental to the strong victim assistance language of the Convention on
on Cluster Munitions.” Cluster Munitions, (…). It also influenced the UN Convention on the Rights of
Persons with Disabilities. But we might have to conclude that in terms of victim

61
“Ukraine does not sign Convention on Cluster Munitions - foreign ministry,” BBC, 11 December 2008; Email from Olexander
Tsvietkov, Embassy of Ukraine to Norway, 9 February 2009.
62
See www.reliefweb.int/rw/rwb.nsf/db900SID/MUMA-7LY3YW?OpenDocument
63
See http://thelede.blogs.nytimes.com/2008/12/02/would-obama-ban-cluster-bombs-advocates-hope-so/ and
www.chicagotribune.com/news/nationworld/chi-lebanon-cluster_slydec03,0,7919988.story
64
See www.armscontrol.org/2008election
65
See Virgil Wiebe, “Reading the leaves: Obama and cluster bombs,” available on
http://disarmamentinsight.blogspot.com/2009/01/reading-tea-leaves-obama-and-cluster.html
66
See www.hrw.org/legacy/backgrounder/arms/cluster0405/6.htm#_Toc100550284
67
See www.fcnl.org/weapons/pdfs/Obama_sign-on_letter_FINAL.pdf
68
See www.fcnl.org/issues/item.php?item_id=3535&issue_id=138
69
“Report on Meeting of Contact Group on Linking Mine Action and Development,” Geneva, 24 November 2008. See
www.apminebanconvention.org/fileadmin/pdf/mbc/MSP/9MSP/day5/9MSP-Item12ei-28Nov2008-Canada.pdf

13
 assistance and reporting on it, the Mine Ban Treaty is showing its age. These two newer conventions
have now raised the bar with concrete assistance obligations, rights provisions and regular reporting
requirements. As some 15 of the VA26 countries also suffer from the human consequences of
cluster munitions, the 2009 Review Conference would be the prime opportunity for the Mine Ban
Treaty to lead the way once again. Make an action plan concrete enough to benefit all those affected
by mines, cluster munitions and ERW all over the world.”70
According to the Landmine Monitor Report 2008, assistance to victims of mines and
explosive remnants of war (ERW) – including cluster munitions – remains largely inadequate, with
only four of the so-called VA2671 making substantial progress towards their 2005–2009 objectives for
improving the provision of assistance and ensuring victims’
rights: Afghanistan, Albania, Sudan and Uganda. Landmine “We can enforce the attention of the
Monitor recorded 5,426 mine/ERW casualties in 2007. The world to the humanitarian essence
majority of recorded casulaties were civilian, and nearly 50% of of the Mine Ban Treaty, which is that
civilian casualties were children. Recorded mine/ERW casualties it deals with the welfare and the
declined by 9% in 2007 over the previous year. Often, human rights of the persons and
emergency medical care is provided but follow-up care, such as our committment to the survivors.”
physical rehabilitation and mental health programs, are
neglected. Though crucial, economic reintegration programs were the weakest component of victim
assistance programs in 2007–2008.
Concerning the Second Review Conference of the Mine Ban Treaty that will take place in
Cartagena, Colombia, from 30 November to 4 December 2009, the Norwegian Ambassador who will
chair the Conference said, “we can enforce the attention of the world to the humanitarian essence of
the Mine Ban Treaty, which is that it deals with the welfare and the human rights of the persons and
our committment to the survivors.”

72
LANDMINE USE AND VIOLATIONS OF THE MINE BAN TREATY…

New government use of antipersonnel mines was recorded in only two countries: Myanmar
and Russia. The use of mines and victim-activated improvised explosive devices by non-state
armed groups was reported in nine countries.
Belarus, Greece and Turkey Three States Parties, Belarus, Greece and Turkey, missed their
are in serious violation of stockpile destruction deadlines of 1 March 2008 and are in serious violation
the treaty. The ICBL has of the treaty. The ICBL has been particularly critical of Greece, which had
been particularly critical of not destroyed a single stockpiled mine several months after its deadline. The
Greece, which had not yet Foreign Ministry of Belarus has been informing other States Parties and the
destroyed a single Belarus CBL/SCAF on a regular basis about its efforts to finalize an
stockpiled mine several agreement with the European Commission in order to destroy the PFM
months after its deadline. mines stockpiled in Belarus.
73
The European Commission stated in
74
November that both parties were “close to an agreement” but as of 1 March
2009 no agreement has been reached. Greece announced in November that it had started stockpile
destruction and intended to finish it at the end of the summer 2009.75 Yet Greek officials are now
saying that they may not meet this target date. Turkey destroyed more than 1.3 million landmines
th
since joining the Convention. At the 9 Meeting of States Parties to the Mine Ban Treaty Turkey
reported, “The delay which occurred in destroying the remaining parts of the stockpiles is due to
technical reasons (…) the remaining parts of the stockpiles of which the fuses are all destroyed, are
76
not usable.” Turkey now estimates it will finish destruction in early 2010.

70
See www.icbl.org/treaty/meetings/9msp/statements/lm_va_28nov08
71
26 States Parties to the Mine Ban Treaty having a responsibility for significant numbers of survivors: Afghanistan, Albania,
Angola, Bosnia and Herzegovina, Burundi, Cambodia, Chad, Colombia, DR Congo, Croatia, El Salvador, Eritrea, Ethiopia,
Guinea Bissau, Iraq, Jordan, Mozambique, Nicaragua, Peru, Senegal, Serbia, Sudan, Tajikistan, Thailand, Uganda, and
Yemen.
72
This section was prepared with the assistance of Tamar Gabelnik, Treaty Implementation Director, ICBL, Geneva.
73
Email from by Dr.Iouri Zagoumennov, Director Belarus CBL/SCAF, 13 January 2009.
74
See www.apminebanconvention.org/fileadmin/pdf/mbc/MSP/9MSP/day4/9MSP-Item12b-27Nov08-EC.pdf
75
See www.apminebanconvention.org/fileadmin/pdf/other_languages/french/MBC/MSP/9MSP/day3/9MSP-Item12b-26Nov08-
Greece-fr.pdf
76
See www.apminebanconvention.org/fileadmin/pdf/mbc/MSP/9MSP/day4/9MSP-Item12b-27Nov08-Turkey.pdf

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 MINE CLEARANCE DEADLINES: 15 EXTENSIONS!

Approximately two-thirds of States Parties with 2009 clearance deadlines – 15 states – have
declared they will not meet them and have requested deadline extensions. More than 70 states and
six areas not internationally recognized remain mine-affected. Mine contamination was reported in
the Gambia and Mali for the first time in 2007. At the 9th Meeting of States Parties from 24 to 28
November in Geneva, mine clearance deadline extensions were granted to Bosnia and Herzegovina,
Chad, Croatia, Denmark, Ecuador, Jordan, Mozambique, Nicaragua, Peru, Senegal, Thailand,
United Kingdom, Venezuela, Yemen and Zimbabwe.77 On 28 November 2008, the United Kingdom
announced that it will immediately begin demining the Falkland Islands and reaffirmed its
commitment to their full clearance as soon as possible.
Mine/ERW risk education reached approximately 8.4 million people in 61 countries in 2007–
2008, the highest number ever recorded by Landmine Monitor. However, it was deemed inadequate
in nearly 30 countries, including in seven of the ten with the most recorded casualties.
International support for mine action totaled US$ 431 million in 2007, a $33 million decline
from 2006 but the second highest level of annual funding recorded by Landmine Monitor. Of the 20
largest mine action donors, nine provided more funding in 2007 than 2006, while 11 provided less.78

CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

As of 24 March 2009, 139 states had signed the UN Convention on the Rights of Persons
with Disabilities (CRPD), 82 had signed the Optional Protocol, 50 had ratified it and 29 had ratified
the Optional Protocol.
More information: www.un.org/disabilities

AWARDS

Minister Støre and Ambassador Kongstad of Norway “2008 Arms Control Persons of the
Year” – The Arms Control Association announced on 29 December that Norway’s Foreign Minister
Jonas Gahr Støre and his ministry’s Director-General for Security Policy and the High North Steffen
Kongstad garnered the highest number of votes in an online poll to determine the “2008 Arms
79
Control Person of the Year.”

CMC awarded the Tipperary Peace Prize – On 31 December the Cluster Munition Coalition has
been awarded the Tipperary International Peace Prize. The Tipperary Peace Convention said that it
was "pleased to honour the work of the Coalition and its campaign against cluster bombs, which is
80
certain to save thousands and thousands of civilian lives for decades to come.”

RECENT ARTICLES, PUBLICATIONS AND WEBSITES

A Guide to Understanding Victim Assistance in the Context of the AP Mine Ban Convention, Anti-
Personnel Mine Ban Convention Implementation Support Unit, Geneva, 2008.
Link: www.apminebanconvention.org/brochures

Connecting the Dots: Victim Assistance and Human Rights in the Mine Ban Treaty, Convention on
Cluster Munitions and Convention on the Rights of Persons with Disabilities, Survivor Corps,
Washington DC, 2008.
Link: www.traypml.com/upload/13/SC-ConnectingTheDots.pdf

Fatal Footprint Blog, Handicap International Belgium, including photographs of the Fatal Footprint
exhibition, as well as survivors’ testimonies.
Link: www.fatalfootprint.be/eng

77
See www.icbl.org/news/pr28nov08
78
See www.icbl.org/lm/2008
79
See www.armscontrol.org/pressroom/2008personofyear
80
See www.tipperarypeace.ie/Home/tabid/5111/Default.aspx

15
 PROVISIONAL CALENDAR

March
“How the Cluster Munition Ban Was Won: Oslo Treaty Negotiations conclude in - 31-3 April: Bangkok
Dublin,” John Borrie, Disarmament Diplomacy. Issue No. 88, Summer 2008. Workshop on Achieving a
Link: www.acronym.org.uk/textonly/dd/dd88/88jb.htm Mine-Free South Asia

Landmine Monitor Report 2008: Toward a Mine-Free World,” ICBL, Ottawa, May
- 1: Presentation of the
October 2008. Tipperary International Peace
Link: www.icbl.org/lm/2008 Prize
- 25-29: Mine Ban Treaty
“Learn, Adapt, Succeed: Potential lessons from the Ottawa and Oslo processes Intersessional Standing
for other disarmament and arms control challenges,” Geneva Forum and Committees, Geneva
- 29: Launch of the Landmine
Disarmament Insight, Summary of an informal symposium held in Glion, Monitor report on cluster
Switzerland, 19-20 November 2008. munition policies.
Link: www.unidir.org/pdf/activites/pdf3-act275.pdf
June
Mines and Cluster Munitions: Investments and Profits, New website developed - 25-26: Berlin Conference on
by Landmine.de. the Convention on Cluster
Link: www.ethisches-investment.info/startseite?PHPSESSID=ulbe9qbu7vpok14ed2k57pdou2 Munitions

July
“Ratification kit” and “Model Law,” ICRC, 2009. The kit also includes a booklet - 7-8: Dushanbe Workshop
containing the text of the Convention, a film and a brochure, as well as on Achieving a Mine-Free
Central Asia
Frequently Asked Questions (FAQ).
Link: www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/section-ihl-cluster-munition?OpenDocument
September
- 2: Global launch of a new
Special Follow-Up Mission to the Areas Affected by the South Ossetia Conflict, HIB report on progress in
Implementation of the Commissioner’s six principles for urgent human rights and victim assistance.
- Africa regional workshop on
humanitarian protection, Thomas Hammarberg, Commissioner for Human the Mine Ban Treaty.
Rights of the Council of Europe, 12-14 November 2008.
Link: www.reliefweb.int/rw/rwb.nsf/db900sid/jbrn-7mdk7e October
- 8-9: Tirana regional
“The Question of Interoperability,” Journal of International Law of Peace and workshop on the Mine Ban
Treaty
Armed Conflict, Dr. Elke Schwager, Vol. 4 (December 2008).
Link: www.ifhv.rub.de/publications/huvi.html
November
- 12: Global launch of the
The Value of Diversity in Multilateral Disarmament Work, UNIDIR, December Landmine Monitor Report
2008. 2009
Link: www.unidir.org/bdd/fiche-ouvrage.php?ref_ouvrage=978-92-9045-193-8-en - 30-4 December:
Mine Ban Treaty 2nd Review
Conference, Cartagena,
Up In Flames: Humanitarian Law Violations and Civilian Victims in the Conflict Columbia
over South Ossetia, Report on the conflict in South Ossetia revealing that both
Russian and Georgian forces used cluster munitions, Human Rights Watch, 23 More information:
www.icbl.org/campaign/calen
January 2009. dar
Link: www.hrw.org/en/reports/2009/01/22/flames-0
www.stopclustermunitions.or
g/calendar

Contributed to this issue: Stan Brabant, Policy Unit

Stéphanie Castanié, Paul Franck, Tamar Handicap International Belgium
Gabelnik, Hugh Hosman, Katleen Maes. 67, Rue de Spastraat
1000 Brussels
Coordination: Hildegarde Vansintjan BELGIUM
Phone: +32 2 280 16 01
Pictures: Mary Wareham policy.unit”AT”handicap.be
www.handicap-international.be
www.banadvocates.org

Handicap International is an international organisation specialised in the field of disability. Non-governmental, non-religious, non-political and non-profit
making, it works alongside people with disabilities, whatever the context, offering them assistance and supporting them in their efforts to become self-reliant.
Since its creation, the organisation has set up programmes in approximately 60 countries and intervened in many emergency situations. It has eight national
associations (Belgium, Canada, France, Germany, Luxembourg, Switzerland, United Kingdom and United States) which provide human and financial
resources, manage projects and raise awareness of Handicap International's actions and campaigns.
For more information and national contacts: www.handicap-international.org

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