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2008, towards a ban treaty
Convention on Cluster Munitions :
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2008, towards a ban treaty
The treaty: Q&A
    ©Z.Johnson, U.Meissner pour Handicap International

    ■  WHY WAS A TREATY BAN* NECESSARY?
    In the face of massive-scale and increasingly systematic use of cluster munitions during conflicts, a rapid and effective solution was urgently needed. Only a treaty which banned cluster munitions could satisfy these two requirements. Rapid, because the timetable for negotiations decided upon at the outset allowed the discussions to be condensed into less than two years and imposed an obligation to produce results. Effective, because there was no right to veto. This meant that, in spite of fierce opposition, the negotiations could advance without being blocked and result in a treaty which was especially ambitious. Key to this outcome was the role played in the debating arena by affected countries and by southern countries more generally.

    ■  WHAT ARE THE OBLIGATIONS ON STATE SIGNATORIES ?
     States will no longer have the right to produce, use, transfer or stockpile cluster munitions (art.1)
    . All types of cluster munitions which have unacceptable humanitarian consequences will be banned.
    In other words, this treaty would have prevented the humanitarian tragedies caused by the use of this weapon, from Laos to Lebanon, from occurring.
     States must destroy their stockpiles within 8 years (art.3)
     States must clear affected zones of cluster munitions (art.4)
    . No territory may remain uncleared - the relevant authorities will be held to account.
    . Affected states will have 10 years to remove the submunitions from their territory.
    Every year they will have to give a public account of the actions undertaken to achieve this objective.
    . Signatory states will have a responsibility to assist financially or technically with the clearing of the affected zones, with a particular responsibility falling on states which have contributed to the problem.

    ■  WHAT CONCRETE CHANGE IS THE CONVENTION GOING TO BRING FOR VICTIMS ?
    This is the first time that the needs of victims and their communities have been taken into account in such a forceful manner. States will be obliged to provide financial and human resources to assist victims and their entourage. They will be held accountable. Article 5, which is to a large extent based on recommendations made by NGOs on the ground like Handicap International, defines state obligations with regard to victim assistance (data collection, medical care, physical rehabilitation, psychological support, social and economic inclusion  and laws and public policy relating to disability). Through this article, the Convention on Cluster Munitions establishes an international norm which sets the highest existing standard for victim assistance.

    ■  WHEN WILL THE CONVENTION COME INTO FORCE?
    The Convention will come into force 6 months after the 30th ratification. Given that more than 30 countries have confirmed their attendance in Oslo and that in some of these countries ratification should proceed very quickly, the ban on cluster munitions may become effective before the end of 2009.


    ■  WHO IS GOING TO SIGN THE CONVENTION?
    Many states have already confirmed their presence in Oslo. Among them are many countries which manufacture and stockpile cluster munitions, such as Germany and the United Kingdom, as well as many affected countries.
    The objective for Oslo of the CMC member organisations is to gather at least half the countries of the world (around a hundred). The Convention would then immediately become an undisputable international norm.


    ■  DOES THE REFUSAL OF THE UNITED STATES, RUSSIA AND CHINA TO SIGN THE CONVENTION UNDERMINE ITS IMPACT AND EFFECTIVENESS ?
    The refusal of certain military powers to sign the Convention might appear to compromise its effectiveness. However, in practice, even if countries formally refuse to accept this constraint, they will virtually be obliged to apply it regardless. The number of states purchasing from these major exporters is going to diminish dramatically and state parties will refuse to be associated with the use of these weapons. The overall political pressure exerted by other states will be too strong and from now on any country using cluster munitions will be condemned by the international community.
    The same thing happened with the ban on landmines. Ten years ago they were used routinely. Today their use is totally unacceptable. Only two states are reported to have used them in 2008 and not a single transfer has been officially recorded.

     

    *A convention or treaty is a contract entered into by a number of parties who are subject to international law, such as states. Once signed and ratified (approved), a convention or treaty has the status of a norm of international law which sets out the obligations which states have accepted and expressly and voluntarily committed themselves to respecting at the time of ratification.

     

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    Production : December
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