States Parties 156 States Not Party 39
Signatories 104 Non-Signatories 91
The Convention on Cluster Munitions was opened for signature in Oslo, Norway in December 2008 and will enter into force six months after the 30th signatory country has deposited its instrument of ratification. The Cluster Munition Coalition (CMC) has prepared a detailed commentary on the obligations of the convention. We are reproducing here the sections on Articles 6, 7, 8, 9 and 21.
Artificial limbs at a rehabilitation centre in Lao PDR. States Parties in a position to do so are required to provide technical, material and financial means to support victim assistance. Photo: J. Rodsted
All States Parties in a position to do so are required by Article 6 to provide technical, material and financial assistance to States Parties affected by cluster munitions to assist with clearance, risk education, stockpile destruction and victim assistance including social and economic recovery.
In addition, under the clearance obligations former user States Parties are strongly encouraged to provide assistance to States Parties who have been affected by their use of cluster munitions.
Under Article 7, States Parties are obligated to report to the United Nations no later than 180 days after entry into force and on an annual basis by 30 April each year thereafter. They are required to report on the status of their treaty implementation, including: national implementation measures; the type, quantity and technical characteristics of cluster munitions and submunitions stockpiled; the status and progress of stockpile destruction programs; the conversion or de-commissioning of production facilities; the size and location of areas contaminated by cluster munitions; the status and progress of cluster munitions clearance programs; measures taken to provide risk education; the status and progress of implementation of the treaty’s victim assistance provisions; the amount of national resources allocated for clearance, stockpile destruction and victim assistance; and the type, quantity and destination of international cooperation and assistance provided.
States Parties agree to consult and cooperate regarding implementation of the Convention and to work together to facilitate compliance with their obligations. Under Article 8, a process is laid out to deal with the clarification and resolution of questions of compliance, including requesting clarification through the UN Secretary-General and recommending “appropriate measures” at a Meeting of States Parties. Meetings of States Parties may also adopt other procedures or “specific mechanisms for the clarification of compliance.”
Article 9 obligates States Parties to take all appropriate legal, administrative and other measures to implement the Convention, including penal sanctions. The CMC urges all States Parties to enact comprehensive new national legislation.
Under Article 21, States Parties are required to promote universalization of the Convention, to notify non-States Parties of their treaty obligations, and to discourage non-States Parties from using cluster munitions. States Parties may engage in military cooperation and operations with non-States Parties that might engage in prohibited activities.
The CMC and the ICBL urge states to make it clear that States Parties must not intentionally or deliberately assist, induce, or encourage any prohibited activity when engaging in joint operations with non-States Parties. There should be no stockpiling of non-States Parties’ cluster munitions on territory under a States Party’s jurisdiction or control. See additional information on terms that need clarification.
