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Six months after launching its first activities in Libya to educate civilians about the risks posed by unexploded weapons, Handicap International is stepping up its operations in the country. Over the coming weeks, demining teams will begin clearing land that has been littered by landmines and explosive remnants of war (shells, munitions, rockets, etc.). These devices pose a serious threat to the civilian population, especially those people displaced by the conflict who are now returning home to areas where heavy fighting took place.
Two demining teams will be deployed, each consisting of one expatriate staff member responsible for managing and training six Libyan staff, and a medical team member. These teams will primarily work in districts of Tripoli affected by fighting to identify the worst affected areas, and remove and destroy landmines and explosive remnants of war, as necessary.
“It’s vital to start the clearance operations immediately,” explains Frédéric Maio, manager of Handicap International’s operations in Libya. “After the fighting ends, the first thing people want to do is return home. But when people return to areas where fighting has taken place, there are dangers lurking everywhere. Many civilians unwittingly put themselves at risk.”
This intervention is expected to last at least until April 2012. It is part of a mission currently being run by a Handicap International demining specialist who arrived in Libya in September to assess local demining needs and provide estimates for areas contaminated by mines and explosive remnants of war. This specialist is working in close cooperation with the authorities and other stakeholders in the field.
At the same time, Handicap International is continuing its accident prevention activities for civilians, which began in April, in the midst of the conflict. The organisation has been working in the east of the country and, more recently, in Misrata, a city particularly badly affected by clashes between rebels and forces loyal to the late Col. Gaddafi. Educational information about the risks posed by landmines and unexploded remnants of war have been distributed in the city and as far as the border with Tunisia. As soon as hostilities ended in Bani Walid, a Handicap International team travelled to the area to distribute risk awareness information. An initial assessment mission was also launched this week in Sirte, while fighting was still going on.
Handicap International now relies on a team of some twenty people, soon to include six expatriate staff, and around one hundred volunteers trained to organise awareness-raising sessions. The organisation has also been running an armed violence reduction project in Libya since September in Benghazi, Ajdabiya, Misrata, and other areas.
Handicap International welcomes measures taken by States to ensure that people threatened by these weapons are able to reclaim normal lives. In the light of recent use in Libya, Handicap International is calling on all countries to join the Convention, so that these weapons can never again cause harm.
Victim assistance at the heart of the debates
More than 120 States participated in the conference in Beirut, held from 12 to 16 September. On the final day, States Parties unanimously adopted the Beirut Declaration, defining their obligations over the next four years. Handicap International welcomes the significant progress made in the fight against cluster munitions and the focus on providing assistance to victims.
"Today, victim assistance has been confirmed as one of the top priorities of the Convention against cluster munitions," said Aynalem Zenebe, an Ethiopian survivor of a cluster munition accident. "States are realizing the barbarity of these weapons. The thousands of victims - men, women and children - who have been unfairly injured can finally become the first beneficiaries of this treaty,” she added.
During the Conference, States had to explain their existing mechanisms for collecting data about victims, as well as the financial and technical resources deployed for their rehabilitation and inclusion. "This is a great step in the fight against cluster munitions,” announced Paul Vermeulen, Handicap International’s Director of Advocacy . “Governments need to be involved in the identification of victims and each State Party has an obligation to provide adequate responses to their needs."
The increasing involvement of States
Since the first conference in November 2010, 17 more States have become States Parties to the Convention, including Afghanistan, one of the countries most polluted by cluster munitions. In addition, non-signatory States, such as China, Russia, Iran and North Korea, attended the Beirut conference as observers. Their presence proves that the Convention is increasingly seen as the international norm for cluster munitions, and that its humanitarian objectives are recognized and understood even by States that have not joined. Although this attitude is encouraging, Handicap International maintains that joining the Convention is the only effective way to eradicate the scourge of cluster munitions and to ensure that all victims receive the assistance they need.
Recent cluster munition use in Libya
Cluster munitions still affect 31 countries and territories worldwide and hundreds of thousands of people live under daily threat from these weapons. Unfortunately the problem is ongoing and cluster munitions were used as recently as April 2011, by Col. Gaddafi’s forces in Libya.
In response, Handicap International deployed an emergency team to Libya, to educate communities about the danger posed by explosive remnants of war. This team is working among at-risk populations in eastern Libya, focusing particularly on children, who are often the first victims of these weapons. To date, these awareness projects have benefitted tens of thousands of people.
Questions about UK’s commitment after cluster munitions promoted at London arms fair
The UK ambassador to Lebanon delivered a speech at the Beirut conference strongly condemning cluster munitions, saying “The Beirut declaration must be the moment where we say: let this end, enough is enough.” He reported the UK’s good progress in destroying its cluster munitions stockpile and highlighted actions taken to urge more Commonwealth States to join the Convention. He also announced that the UK will exceed its planned £30 million of funding for cluster munitions clearance between 2010-2013.
However, while the UK was pledging its commitment to eradicating cluster munitions at the conference in Beirut, campaigners discovered cluster bombs being openly promoted for sale in London, at the Defence & Security Equipment international (DSEi) arms fair. In response DSEi, with the support of the UK government, took the decision to shut down the two stands, which were operating in violation of UK law and DSEi’s own rules. However, this is the second time running that such a breach has occurred, raising serious questions about the UK’s commitment to regulating arms sales on its own soil.
Survivors call for immediate action
The Beirut meeting concluded with a powerful declaration delivered by cluster munition survivors. They emphasized that since the last conference in 2010, many victims have continued to wait for much-needed assistance that still seems to be out of reach. They called on governments to “move beyond words and take action” to make victim assistance services accessible for all.
A major milestone, the meeting coincides with the five-year anniversary of the conflict in South Lebanon, when four million Israeli cluster munitions were dropped on the region. These events mobilised public opinion and set in motion the Oslo process, leading to the signing of the convention in December 2008. Handicap International is involved both in political campaigning and in the field, for example in Lebanon, where it has cleared contaminated areas and restored land to civilians.
During the Israeli bombardment of South Lebanon in the summer of 2006, four million cluster munitions were dropped, most of them during the last 72 hours of the conflict. Several hundred thousand munitions were left unexploded, rendering over a third of farmland and pasture in South Lebanon unusable. More than 3,000 farmers have been directly affected. According to a Landmine Action report published in 2008, the clearance, agricultural and health costs related to the use of cluster munitions will amount to between 154 and 233 million US dollars. Ayman Ghazal, manager of Handicap International’s demining teams in South Lebanon in 2007 says: “Many people went back to farming or cultivating land contaminated by cluster munitions because they simply had no other choice. They risked their lives on a daily basis.”
After Kosovo, Afghanistan and Iraq, the humanitarian tragedy of South Lebanon hardened international opinion and revealed the horror caused by cluster munitions. The conflict boosted the momentum of the Oslo process and led to the signing of the Convention on Cluster Munitions two years later. The fact that the Second Meeting of States Parties to the convention is being held in Beirut between 12 and 16 September is therefore highly symbolic. Around one hundred states attending the meeting will outline their plans to put the convention’s provisions into practice over the next four years, particularly in the fields of mine clearance, stockpile destruction and victim assistance. Certain non-Signatory States are expected to signal their intention to sign the convention. In addition, the meeting will provide an opportunity for countries to detail how they plan to fund their actions to implement the convention. Handicap International intends to closely monitor these plans to ensure survivors, their families and communities benefit from the convention in practical terms.
Handicap International has been present in Lebanon since 1992. Between 2007 and 2009, the organisation helped clear areas contaminated with cluster munitions in South Lebanon. Handicap International’s teams cleared some 700,000 sq.m. of contaminated land in the region of Tyre. In all, more than 140,000 cluster munitions were destroyed in the area.
Mrs Srour, 85, benefited from the organisation’s actions on the ground: “When Handicap International’s teams came to my home to explain that my land was contaminated and that I shouldn’t farm it, I didn’t want to believe them. It was only because of the work of Handicap International’s demining teams, who removed and destroyed several unexploded devices on my land, that I realised how lucky were to have not been the victims of an accident. Today my land is covered with orange trees again and my sons take care of it. It’s a source of income for the whole family.”
Since 2010, Handicap International has focused on the problem of anti-personnel mines, which also contaminate land in Lebanon. It is the only humanitarian organisation involved in humanitarian demining in North Lebanon, and to date has cleared 16,000 sq.m. of contaminated land, the majority of which has already been restored to the civilian population.
Although fighting has been raging for days between the rebels and forces loyal to Colonel Gadhafi in and around Tripoli, Handicap International is now in a position to rapidly send a team to areas affected by the fighting. A specialist in demining operations is also expected to join our team in Libya shortly to assess demining needs in the country. They will also consult with local authorities and other demining operators present in Libya and coordinate mining actions with them. The end of the conflict does not mean an end to the danger faced by civilians. Explosive remnants of war, such as artillery shells, mortars, rockets and landmines, pose a lethal threat to civilians. Our organisation is set to assess the risks run by local population of these areas and set up, if necessary, preventive actions.
A few weeks after the start of the rebellion in Libya, Handicap International sent a team to assess the situation. Our teams gathered consistent information on the presence of a very large number of explosive remnants of war. Large-scale demining operations will be necessary following the end of hostilities. In the meantime, in a bid to save lives, there is an urgent need to provide information and raise the awareness of populations to the deadly risk posed by these weapons.
Handicap International raises the awareness of local people and particularly children to the risk of landmines and unexploded remnants of war. In Benghazi, our teams run face-to-face sessions to teach people the correct response when faced with unexploded ordnance or unidentified objects (i.e. do not approach or touch them, mark the danger zone and alert Handicap International’s teams and local authorities). These actions have been extended to include private companies, local authorities and other organisations.
From 23rd June, Handicap International also stepped up its risk education activities in Ajdabiya. Scouts trained by our organisation are also distributing risk education advice in Misrata, an area particularly badly affected by the conflict.
In a release of 27 April 2011, the Libyan National Transitional Council renounced the use of landmines (anti-personnel and anti-vehicle) and agreed to destroy them. The Council also expressed a desire to cooperate with demining, awareness and victim assistance activities.
According to a spokesman for the Israeli army, Major Ariel Iluz, in an Israeli military magazine, new anti-personnel mines have been laid on the Golan Heights. Their stated objective is to prevent potential demonstrators from crossing into the Golan Heights from Syria next September as the United Nations votes on a resolution to recognise a Palestinian State, which is likely to heighten tensions.
Although Israel is not a party to the 1997 Mine Ban Treaty, which has been signed to date by 156 States, ICBL researchers state that “it is the first new confirmed use of anti-personnel mines by the Israeli army for 10 years”. “It is particularly worrying to learn that Israel has chosen to resort to using these weapons, despite their rejection by the international community, with the stated aim of preventing the incursion of demonstrators,” states Paul Vermeulen, Head of Advocacy at Handicap International. “Even without being a State Party to the Ottawa convention - which bans the use of anti-personnel mines - the Israeli army is aware that their deliberate use against civilians is a contravention of international humanitarian law and a violation of the Convention on Certain Conventional Weapons.”
The announcement of this latest use follows the recent declaration by Israel that it had begun demining several areas in recognition of the humanitarian impact of these weapons. In fact, Israel stopped producing anti-personnel mines several years ago and placed a moratorium on exports.
“As a founding member of the International Campaign to Ban Landmines, and as an NGO that works with mines victims in several countries, we are calling on Israel to demine the territories under its control as soon as possible in order to avoid creating new victims of these inhumane and random weapons,” adds Paul Vermeulen.
According to ICBL researchers, only two other States not party to the Ottawa convention have recently used anti-personnel mines - Libya and Burma. “Every year, anti-personnel mines kill and maim thousands of civilians worldwide. Whether a State has signed the Ottawa convention or not, the use of these weapons by any State or non-State group is against the law,” underlines Paul Vermeulen.
“The best way to stop cluster bombs from being used is to join this treaty and do so now,” said Laura Cheeseman, director of the Cluster Munition Coalition (CMC). “We are winning the battle against cluster bombs, but need all states to join the team against these deadly weapons.”
A total of 109 countries are now on board the Convention on Cluster Munitions. In the 12 months since it entered into force internationally, 21 countries that previously signed the treaty have ratified it, and one country has acceded (a one-step process of signing and ratifying).
“An impressive amount has been achieved in the cluster bomb ban treaty’s first year of life,” said Laura Cheeseman, director of the Cluster Muition Coalition (CMC).“Stockpiles are being destroyed and contaminated land is being cleared, preventing thousands more lives being lost as a result of these weapons,” she added.
A co-founder of the CMC, Handicap International has been working with landmine and cluster munition victims around the world since the early 1980s and has seen up close the enormous damage these weapons do to individuals, families and communities.
“The Convention is an important step toward ending the appalling threat that cluster munitions pose to civilians and ensuring that victims receive the assistance they need. The swift entry into force of the treaty could not have been achieved without the pressure civil society put on governments to act. This is why we are continuing our campaign to make sure the needs of victims and their communities are not forgotten”, said Stephanie Stuart, Director of Handicap International UK.
Positive progress but more work remains to be done
The entry into force of the Convention, exactly one year ago today, started the clock ticking for states to destroy their cluster munition stockpiles and clear contaminated land within the deadlines set by the Convention.
More than 589,000 cluster bombs containing more than 64 million explosive submunitions have now been destroyed thanks to the Convention, with eight States Parties and at least three signatories having already completed destruction of their stockpiles.
Two countries – Albania and Zambia – have completed clearance and are free from the threat of cluster bombs.
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Many more countries are well on their way to implementing the Convention, including by taking steps to protect the rights and meet the needs of cluster munition survivors.
“But this is just the beginning of the work that needs to be done,” said Cheeseman.
Despite recent progress, cluster bombs were used this year by the Thai military in Cambodia, and by Col. Gaddafi’s troops in Misrata, Libya. These incidents were met with international criticism, demonstrating that even countries that are still outside the ban are not exempt from condemnation if they use these weapons. At a meeting in June, both Cambodia and Thailand indicated that they are taking steps to accede to the Convention in the near future.
Join the Team!
To mark this first anniversary, cluster bomb survivors and communities that have been affected by cluster bombs, as well as campaigners in more than 50 countries, will take part in sports events symbolising the global team of countries that have joined the treaty to ban cluster bombs.
In Lebanon, where four million submunitions were dropped during the 2006 war, keen footballers will play a match against a football team of cluster bomb survivors to celebrate the progress of the ban.
In Lao PDR, campaigners will hold a football tournament with 16 teams competing for the “Adieu Bombie” cup. More than 270 million cluster submunitions were dropped in Laos between 1964 and 1973, giving it the unfortunate distinction of being the most severely contaminated country from cluster bombs in the world.
Amongst the many other global activities there will be:
• Wheelchair basketball matches in three countries, including one with the participation of paralympian Tina McKenzie in Australia
• A football match with landmine survivors in Georgia
• A sitting volleyball tournament in Bosnia and Herzegovina
• A team of women giving a demonstration of national sport ‘Nzango’ in the Democratic Republic of Congo
• A cheerleading event in the Hague, Netherlands
“Only a few years ago, many people said it was an impossible dream to ban cluster bombs,” said Branislav Kapetanovic a CMC spokesperson who lost all four limbs to a submunition in Serbia. “What this treaty shows is that ordinary people, including cluster bomb survivors like me, can be a part of extraordinary changes that bring real improvements to people’s lives all over the world.”
The CMC is now counting down to the Second Meeting of States Parties to the Convention on Cluster Munitions to be held in Beirut, Lebanon from 12-16 September. Here states will be expected to make announcements about their progress made under the Convention, as well as their future plans to implement the convention quickly.
The report by Cluster Munition Coalition (CMC) members IKV Pax Christi and Netwerk Vlaanderen shows that worldwide, 166 private and public financial institutions from 15 countries continue to invest in companies that produce cluster munitions. Since the Convention on Cluster Munitions was adopted in May 2008, the global amount invested in companies that still produce cluster munitions totals US$39 billion.
The human and economic cost of cluster munitions is well-documented. The weapons cause widespread harm on impact and unexploded submunitions pose a threat to civilians for decades to come. Over the last 40 years, cluster munitions have killed and injured thousands of civilians and continue to do so today.
In the UK, 12 financial institutions are listed in the report’s ‘Hall of Shame’. The Royal Bank of Scotland (RBS), a UK bank which is 83% state-owned following the recent financial crisis, is number four in the list, making it the only EU-based financial institution remaining in the top five investors in cluster munition producers worldwide.
For Handicap International, it is unacceptable for any financial institutions in the UK to still be financing, either directly or indirectly, a weapon that has been officially banned under UK and international law, especially in the case of banks financed by public money. The organisation is urging the UK government to take strong action and make clear to all UK banks and financial institutions, including those mentioned in the report, that they must respect the UK’s obligations under the Convention on Cluster Munitions.
To date, 108 countries, including the UK, have joined the 2008 Convention on Cluster Munitions which bans the use, production, stockpiling and transfer of cluster munitions. Article 1(c) of the Convention bans "assistance", stating that: “Each State Party undertakes never under any circumstances to assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention”. Despite this, financial institutions in 15 countries are still investing in cluster munition producing companies, including financial institutions in nine countries that have joined the Convention. As a member of the CMC, Handicap International believes that financial investment in the production of cluster munitions is a form of assistance, and is calling on all States to ban all investment in the production and trade of cluster munitions.
•166 financial institutions from 15 countries are investing in cluster munition producers.
•The majority of these financial institutions (128) are from five countries that have not yet joined the Convention: China, Russia, Singapore, South Korea, and the United States, plus Taiwan.
•However, 38 financial institutions are from countries that have joined the Convention on Cluster Munitions and are continuing to invest in cluster munition producers. These nine countries are: Australia, Canada, France, Germany, Italy, Japan, the Netherlands, Switzerland and the United Kingdom.
According to the IKV Pax Christi and Netwerk Vlaanderen report ‘Worldwide Investments in Cluster Munitions: A Shared Responsibility’:
Some countries, including Belgium, Ireland, Luxembourg and New Zealand, have taken the lead in banning investment in these illegal weapons by passing national legislation. The UK government previously stated in 2009 its intention to work with the financial sector, NGOs and other interested parties to promote a voluntary code of conduct to prevent indirect financing of cluster munitions. Many leading banks have also changed their policies to reflect the growing international rejection of cluster munitions. Worldwide, CMC members are calling on other countries to follow this example by passing national laws banning investments, and calling on financial institutions to disinvest from these weapons.
“Only a few years ago, many people said it was an impossible dream to ban cluster bombs,” said Branislav Kapetanovic a CMC spokesperson who lost all four limbs to a submunition in Serbia. “What this treaty shows is that ordinary people, including cluster bomb survivors like me, can be a part of extraordinary changes that bring real improvements to people’s lives all over the world.”
Landmines, used by military forces under the command of Col. Gaddafi in March this year, now pose a direct threat to the civilian population. The Libyan National Transitional Council has renounced the use of landmines (anti-personnel and anti-vehicle) and agreed to destroy the stockpile of these weapons. In a press release, the rebels committed that "no forces under the command and control of the Libyan National Transitional Council will use antipersonnel or anti-vehicle landmines." The Transition Council also pledged to "destroy all landmines in their possession" and to "cooperate in the provision of mine clearance, risk education, and victim assistance." The press release further stated that "any future Libyan government should relinquish landmines and join the 1997 Mine Ban Treaty."
While strongly condemning the use of landmines, Handicap International welcomes these statements and urges Libya to sign the Mine Ban Treaty as soon as possible.
Handicap International is now stepping up its operations in Libya to raise the awareness of the population to the danger posed by mines and unexploded remnants of war. We are distributing 20,000 leaflets, 4,000 posters and 3,000 illustrated textbooks for children, to help people understand what to do when encountering these weapons or any unidentified device. We are also broadcasting radio adverts in Benghazi to reach out to the largest possible number of people.
Due to the lack of existing civil society organisations in Libya, Handicap International has partnered with the Scouts Movement. Twenty-three Libyan scouts, trained by Handicap International, are currently supporting our efforts in Benghazi, twenty of whom will travel to the border with Tunisia next week to inform displaced persons of the risks they run when coming into contact with mines or unexploded remnants of war.
To mark the International day of Persons with Disabilities, Handicap International is working to ensure that these survivors are not forgotten. From 1st - 10th December, our supporters across the UK are taking part in the ‘Forgotten 10 Challenge’, aiming to raise awareness amongst the general public about the human impact of landmines and cluster munitions.
3rd December is an important date in the fight against indiscriminate weapons. On this day in 1997, the Mine Ban Treaty was opened for signature in Ottawa. Eleven years later, on 3rd December 2008, the Convention on Cluster Munitions was signed in Oslo.
The past year has seen three major advances in the international legal framework that obliges states to provide crucial assistance to persons with disabilities, namely:
- On 3rd December 2009, the Second Review Conference of the 1997 Mine Ban Treaty, which has 156 states parties, issued the Cartagena Action Plan, which aims to ensure that rights-based victim assistance initiatives improve over the next five years;
- In 2009, the UN Convention on the Rights of Persons with Disabilities (UNCRPD), which entered into force on 3rd May 2008, began to be implemented, including in several states with significant numbers of survivors of landmines and explosive remnants of war; and
- On 12th November 2010, the first meeting of the 2008 Convention on Cluster Munitions, which entered into force as binding international law on 1st August 2010, issued the Vientiane Action Plan to translate the Convention’s strong rights-based victim assistance obligations into concrete actions.
NGOs, including Handicap International, have played an important role in standing up for the rights of civilians affected by cluster munitions. The voices of the survivors, heard throughout the process, have reminded decision-makers of the devastating consequences of these weapons.
The Convention on Cluster Munitions reflects the importance of dealing with the human consequences of these weapons and takes into account the needs of past victims, for example in terms of rehabilitation, as well as the need to prevent future injuries and deaths. Mine clearance and rehabilitation are both intensive, long-term processes requiring specialist operators and funding.
“The Convention is an important step toward ending the appalling threat that cluster munitions pose to civilians and ensuring that victims receive the assistance they need. The swift entry into force of the treaty could not have been achieved without the pressure civil society put on governments to act. This is why, on the International Day for Persons with Disabilities, we are continuing to engage with our supporters around the UK to make sure the needs of victims and their communities are not forgotten”, said Stephanie Stuart, Director of Handicap International UK.
A co-founder of the Cluster Munitions Coalition, Handicap International has been working with landmine and cluster munition victims around the world since the early 1980s and has seen up close the enormous damage these weapons do to individuals, families and communities.
States committed to translate treaty obligations into concrete actions, backed by clear deadlines and firm financial commitments. The agreed action plan obliges States Parties to accelerate efforts to destroy stockpiles, clear contaminated lands, and enhance assistance to victims.
Handicap International is pleased to see states firmly commit to assisting communities living under the constant threat of these weapons to return to normal life. Laos, the host of the conference and one of the most polluted countries in the world, serves as an undeniable reminder of the need for immediate action.
An action plan to change the lives of victims
The 40 States Parties in attendance today adopted a plan of action that outlines 66 obligations to be achieved over the next five years. States will meet next year in Lebanon, another heavily contaminated country, to verify compliance with the first steps of implementation. These steps include the identification of affected areas, the development of an action plan, and the launching of initial steps towards remediating the impact of cluster munitions. States must also develop focal points for victim assistance within the next six months.
Handicap International will remain vigilant regarding the implementation of these commitments, particularly victim assistance. “The Oslo Treaty has established strong obligations in terms of victim assistance. We now have an action plan which requires governments to turn their legal and financial obligations into reality. These actions are exactly what victims like me have long been waiting for in order to see improvements in our daily lives," explains Thoummy Silamphan, 22, a Lao submunition victim and member of the 'Ban Advocates' group supported by Handicap International.
UK on track to destroy its stockpiles by 2013
At the meeting in Vientiane, the UK reiterated its publicly stated commitment to work for a global ban on cluster munitions, and confirmed that it is on track to destroy its cluster munition stockpiles by 2013, five years ahead of its deadline. To date, 46%, or close to 18 million out of its total stockpile of 38 million submunitions have been destroyed. The UK declared that this represents a dedicated effort to meet its obligation to destroy its stockpile as quickly as possible. Furthermore, the UK stated that as there are no facilities for destruction in the UK, it has contracted the destruction overseas and despite the complications and expense involved, is determined to fulfill its obligations.
Having previously indicated that it considers transit and foreign stockpiling of cluster munitions to be prohibited under the convention, the UK also confirmed that there are now no foreign stockpiles of cluster munitions in the UK or on any of its territories.
A dramatic situation in Laos
Tragically, on Wednesday 10th November, a young girl was killed and her sister injured when a submunition exploded in a village just a few hours outside Vientiane. "Unfortunately, this is a regular occurrence in Laos. As we work to clear unexploded landmines and cluster munitions we are witnesses to these catastrophes all too often. Innocent civilians bear the brunt of past wars. We must transform the anger resulting from this senseless tragedy into energy to sustain our efforts until cluster munitions no longer pose a threat", said Luc Delneuville, Handicap International’s Programme Director in Laos.
Unfortunately this accident powerfully illustrates the plight of Laos, where more than one quarter of villages are contaminated. During the Vietnam War, the U.S. dropped more than 270 million submunitions on Laos, nearly one third of which did not explode on impact. Since 1964, more than 50,000 people have been killed or injured due to explosive remnants of war, according to the Lao government. Between 1979 and 2008, 60% of civilian victims were young boys.
Day-to-day assistance for survivors
Handicap International has been working to reduce the threat posed by explosive remnants of war through mine clearance and risk education activities in Laos since 1996. For instance, we work with families involved in scrap metal collection. Most metal collectors are young boys who recover metal from fields to sell it on the market in order to supplement their family’s income. This metal is mostly sourced from remnants of war and, unfortunately, many of these weapons are unexploded. Although the risks of explosion are high when handling such weapons, the metal is sold for a derisory sum. Handicap International offers alternatives to this trade and helps local populations develop other sources of income.
Handicap International is using this opportunity to call on states to renew their commitment to meet their obligations under the convention, particularly in terms of victim assistance and clearance. We are also calling on all states that have not signed the convention yet to do so as soon as possible.
Laos, a country ravaged by war
During the Vietnam War, between 1964 and 1973, the United States dropped more than 270 million submunitions over Laos. Although the two countries were not at war, the US army was keen to stem the flow of supplies along the Hô-Chi-Minh road to the south of Laos. An estimated 80 million submunitions did not explode on impact, and are scattered across the country, mainly in rice fields, waterways and on roads, threatening civilians on a daily basis.
More than 50,000 people were killed or injured in an accident caused by explosive remnants of war in Laos between 1964 and 2008, almost half of these during peace time. What makes the situation all the more unacceptable is the fact that between 1979 and 2008, 60% of civilian victims were young boys. The Convention on Cluster Munitions, which entered into force on 1st August 2010, represents a major opportunity to bring about change in Laos, as well as in the 35 other countries and territories contaminated by these weapons.
The first meeting of States Parties at Vientiane: 9th-12th November 2010
To date, 108 states have signed the treaty, of which 46 have ratified. At the summit in Vientiane, States Parties are expected to underline their commitment to implementing the convention, to agree on measures for an action plan to put the convention’s requirements into practice, particularly in terms of clearance and survivor assistance, and to promote the convention by calling on all non-signatory states to sign it.
The action plan to be agreed will commit states for the next five years. It will also provide an opportunity for countries to outline the budgets they have allocated to implement the convention. Handicap International will pay particularly close attention to ensuring these commitments are effectively met. According to the 2010 Cluster Munition Monitor report, between 58,000 and 85,000 people around the world have fallen victim to cluster munitions. To ensure the victims, their families and communities actually benefit from the convention, it is essential that the funds allocated to survivor assistance and clearance are adequate to the task.
Day-to-day assistance for survivors
Handicap International has been working to reduce the threat posed by explosive remnants of war through clearance and risk education activities in Laos since 1996. For instance, we work with families involved in scrap metal collection. Most metal collectors are young boys who recover metal from fields to sell it on the market in order to supplement their family’s income. This metal is mostly sourced from remnants of war and, unfortunately, many of these weapons are unexploded. Although the risks of explosion are high when handling such weapons, the metal is sold for a derisory sum. Handicap International offers alternatives to this trade and helps local populations develop other sources of income.
Seven states that have joined the convention have already completed destruction of their stockpiles of cluster munitions, destroying more than 13.8 million submunitions. At least 11 other countries are currently destroying their stocks.
“There is real momentum behind the ban on cluster munitions,” said Steve Goose of Human Rights Watch, Cluster Munition Monitor’s Final Editor, citing the impressive number of signatories to the ban convention, the short time to bring it into force, and the rush to implement its life-saving provisions. “It is encouraging to see so many countries showing such commitment to eradicating cluster munitions and their severe impact on civilians now and forever,” said Goose.
The convention obliges States Parties to end use, production, and transfer of cluster munitions immediately, destroy stockpiled cluster munitions within eight years of joining the convention, clear land contaminated by cluster munitions within 10 years, and assist the victims of these weapons. The convention was opened for signature in December 2008, and became binding international law on 1 August 2010.
Among the 108 countries that have signed the convention are 38 former users, producers, exporters, or stockpilers of the weapon. Of these signatories, 42 have now ratified the convention including the UK, and 10 have already enacted national legislation to implement the convention.
Over the past six decades cluster munitions have been used in 39 countries and areas by at least 18 governments. Since the convention was opened for signature in 2008, there has only been one serious allegation of cluster munition use, by the United States on an alleged al-Qaeda training camp in Yemen in December 2009. The US government has yet to confirm or deny this charge, and neither the US nor Yemen has joined the convention.
At least 38km2 of land was cleared of cluster munitions in 2009, with more than 55,156 unexploded submunitions destroyed. States Parties Albania and Zambia have announced the completion of their clearance programs. Clearing contaminated land will prevent thousands of casualties.
However, according to Stuart Casey-Maslen of Norwegian People’s Aid, the Monitor’s Mine Action Editor, “While mine action programs exist in almost all cluster-munition-affected states and areas, their scope and productivity must increase to release land more quickly and save lives.”
Cluster munition contamination remains in at least 23 states, including 14 that have joined the convention, as well as three disputed areas. The most-affected countries and areas include Lao PDR, Vietnam, Iraq, Cambodia, Lebanon, Serbia, Nagorno-Karabakh and Western Sahara.
In 2009, there were 100 new confirmed cluster munition casualties in nine states and one area. Half of these casualties occurred in just two states, Lao PDR and Lebanon, both of which have joined the Convention on Cluster Munitions.
As of the end of 2009, 16,816 cluster munition casualties had been recorded in at least 27 states and three areas. Due to significant underreporting, the actual number of casualties might be as high as 85,000 worldwide. According to Katleen Maes of Handicap International, the Monitor’s Casualties and Victim Assistance Editor, “There is a need for swift and efficient aid to cluster munition victims. The convention provides ground-breaking provisions for victim assistance and if states properly fulfil their obligations these can significantly improve the lives and livelihoods of survivors, their families and communities.”
The 27 states with cluster munition victims each provide survivors with some care, but the majority of victims lack comprehensive assistance, particularly economic inclusion and psychosocial support. Access in rural areas is especially difficult.
A total of US$13.2 million in funding related to cluster munitions was reported by seven states in 2009, including $4.15 million via the Cluster Munitions Trust Fund for Lao PDR.
This is the first Cluster Munition Monitor report, the sister publication to the Landmine Monitor report which has been issued annually since 1999. Cluster Munition Monitor 2010 covers cluster munition ban policy, use, production, trade, and stockpiling for every country in the world, and also includes information on cluster munition contamination, casualties, clearance and victim assistance.
Cluster Munition Monitor 2010 is being released in advance of the First Meeting of States Parties to the Convention on Cluster Munitions, being held in Vientiane, Lao PDR from 9–12 November 2010.
About Landmine and Cluster Munition Monitor
Landmine and Cluster Munition Monitor is coordinated by an Editorial Board drawn from five organizations: Mines Action Canada, Action On Armed Violence, Handicap International, Human Rights Watch, and Norwegian People’s Aid. It constitutes a sustainable and systematic way for non-governmental organizations to monitor and report on the implementation of humanitarian and disarmament treaties.
Landmine Monitor was created in June 1998 by the Nobel Peace Prize-winning International Campaign to Ban Landmines. In 2008, Landmine Monitor also functionally became the research and monitoring arm of the Cluster Munition Coalition. In 2010, the initiative changed its name to Landmine and Cluster Munition Monitor (known as “the Monitor”) to reflect its increased reporting on the cluster munition issue.
> Cluster Munition Monitor 2010 - Major findings of the report
The Convention on Cluster Munitions takes effect on Sunday 1st August 2010, when it becomes legally binding for states that have joined around the world. Worldwide, campaigners from the Cluster Munition Coalition (CMC) will celebrate the entry into force of the most significant disarmament and humanitarian treaty in over a decade.
“The Convention is an important step toward ending the appalling threat that cluster munitions pose to civilians and ensuring that victims receive the assistance they need. The swift entry into force of the treaty could not have been achieved without the pressure civil society put on governments to act” said Stephanie Stuart, Director of Handicap International UK. A co-founder of the CMC, Handicap International has been working with landmine and cluster munition victims around the world since the early 1980s and has seen up close the enormous damage these weapons do to individuals, families and communities.
A significant advance in humanitarian law
“This new instrument is a major advance for the global disarmament and humanitarian agendas, and will help us to counter the widespread insecurity and suffering caused by these terrible weapons, particularly among civilians and children”, announced Ban Ki-moon, UN Secretary-General.
Opened for signature in Oslo in December 2008, the Convention bans the use, production, stockpiling and transfer of cluster munitions and calls for the destruction of stockpiles within eight years, clearance of cluster munition-contaminated land within 10 years, and assistance to survivors and affected communities.
To date, 107 countries have signed the Convention and 37 have ratified, including the UK. Among them are former users and producers of cluster munitions, as well as countries affected by the weapons. The international stigma against cluster munitions is already taking root as the last confirmed use of cluster munitions in a major conflict met with international condemnation when both Russia and Georgia used them in August 2008.
“Work is already under way to implement the Convention’s provisions, which shows that states are serious about ending the civilian suffering caused by cluster bombs and helping survivors and affected communities to enjoy their full human rights,” said Marion Libertucci, advocacy officer at Handicap International and CMC co-chair.
Moldova, Norway and Spain have already eradicated their cluster munition stockpiles. The United Kingdom, a major former user and producer, has also started stockpile destruction. In December 2009, Albania became the first signatory country to complete clearance of submunitions on its territory.
“Only a few years ago, many people said it was an impossible dream to ban cluster bombs,” said Branislav Kapetanovic a CMC spokesperson who lost all four limbs to a submunition in Serbia. “What this treaty shows is that ordinary people, including cluster bomb survivors like me, can be a part of extraordinary changes that bring real improvements to people’s lives all over the world.”
New “Ban Advocates” film shows how survivors can bring about change
A new documentary “Ban Advocates: from Victim to Champions” shows how a group of survivors supported by Handicap International have played a crucial role in the process towards a global ban on cluster munitions. As Lynn Bradach, a Ban Advocate, explains: “Membership is painful, because to be a member you must suffer true loss: loss of a limb, your sight or a loved one. In my case it was the loss of my son Marine Cpl Travis Bradach-Nall who was killed while clearing US cluster munitions in Iraq”. She adds, “Membership also brings strength, because in order to be a member you agree that it is important to go beyond your pain and to strive to make a difference by using your voice and your experience to demand that countries stop using this inhumane weapon.”
First Meeting of States Parties to the Convention
The CMC calls on all governments to attend the First Meeting of States Parties to the Convention, to be held in November in Laos PDR, the world’s most cluster-bombed country. This key meeting will bring together for the first time states parties to the treaty, UN agencies, international organisations, civil society, and cluster bomb survivors. Governments will share progress to date and draw up plans for action to implement the treaty’s lifesaving provisions within the established deadlines.
“My country joined the treaty because our people have suffered the impact of these deadly ‘bombies’ for decades,” testifies Phong, a Ban Advocate from Laos. “We’re looking forward to welcoming government representatives and campaigners later this year to show the world the immense and shocking legacy of cluster bomb use here.”
Paris, 6th July, 2010 - France announced today that direct and indirect investment in the production or trade of cluster munitions is forbidden under French law. Handicap International and Amnesty International France, who have campaigned for several years on this issue, welcome this prohibition.
On the occasion of the debate on the national implementation law of the Oslo Convention on cluster munitions, the French government officially declared that "any financial assistance directly or indirectly, knowingly, to a manufacturing or trading activity of cluster munitions would be considered as an assistance, encouragement or inducement falling within the scope of criminal law "*. This declaration is the first statement specifying the prohibition of assistance stipulated by the Oslo Convention, and incorporated in French law.
Handicap International and Amnesty International France welcome the position taken by the government. Since 2006, the two NGOs have worked with French major financial groups to ensure they stop any investments in cluster bomb producers. Following this campaign, many financial groups had decided to implement a disinvestment policy.
"The French declaration is an important step for the actors involved in the fight against cluster bombs," said Thierry Philipponnat, Executive Board Member of Amnesty International France. "Indeed, the French government had always refused to specify that the prohibitions included in the Convention could be applied to any type of funding. This declaration will help to ensure that no one in France, small or large shareholder investors, will financially contribute to the development of these inhumane weapons". France joins the list of countries that have banned any investment in cluster bombs, along with Belgium, Luxembourg, New Zealand and soon Switzerland and Germany.
Other requests for clarification on the draft bill issued by the two NGOs have been taken into account either by amendment to the text, or by formal declaration*. "By adopting strong interpretations with regard to the demands of NGOs, France is clearly committed to the implementation of the Convention”, said Marion Libertucci, responsible for advocacy on cluster munitions for Handicap International. "The position of France, as a former producer and user of cluster munitions, should be an example for other countries. The prohibition of funding in the production of cluster munitions should contribute to the stigmatization of these weapons and help prevent future victims."
Both NGOs will stay engaged to ensure the French government meets its commitments against cluster munitions, firstly, by passing a dedicated law on investment, if current laws do not prove sufficient; and secondly, by significantly increasing French funding for bomb clearance and victim assistance.
Note: The Oslo Convention on cluster munitions, one of the most important disarmament treaties of the last decade, has been signed by 106 States and ratified by 37 states (including France and the UK). It prohibits the use, production, stockpiling and trade of cluster bombs, sets deadlines for clearance and stockpile destruction, and contains innovative measures to assist victims. The Oslo Convention will enter into force on 1st August 2010, prior to the first meeting of States Parties in November in Laos, the country most affected by cluster bombs in the world.
* Other points of clarification on the interpretation of the Oslo Convention concerned including interoperability (ability to conduct joint military operations with non-signatory States likely to use cluster bombs) and intermediation.
The United Kingdom, a major former producer and user of cluster munitions, ratified the Convention on Cluster Munitions at the United Nations on 4th May 2010, becoming the 32nd country to do so.
Handicap International, which has been campaigning to ban cluster munitions for much of the last decade, welcomes this announcement. “It is an important step toward ending the appalling threat that cluster munitions pose to civilian populations” says Stephanie Stuart, Handicap International UK’s director.
The Convention comprehensively bans the use, production, stockpiling and transfer of cluster munitions, requires clearance of contaminated land within 10 years, destruction of stockpiled cluster munitions within eight years, and includes groundbreaking provisions for victim assistance. To date, 106 countries have signed the treaty, of which 32 have ratified, and it becomes binding international law on 1 August.
British government support for the draft text of the Convention during final negotiations in Dublin in May 2008 signalled a significant policy turnaround and was a major factor in many other states deciding to adopt the text. The UK signed the Convention at the Oslo signing ceremony in December 2008 and the UK Cluster Munition (Prohibition) Bill received Royal Assent on 25 March 2010, after passing through both houses of Parliament with wide cross-party support.
In the past, the UK used cluster munitions in the Falkland Islands/Malvinas (1982), Iraq and Kuwait (1991), the Federal Republic of Yugoslavia including Kosovo (1999) and Iraq (2003). It produced, exported and imported the weapon, and amassed a sizable stockpile.
More than a third of the UK’s cluster bombs have reportedly been destroyed, and the government has committed to eradicating its remaining stockpile by 2013, well ahead of the allotted eight years under the Convention.
"Through extensive debate, research and advocacy, the UK government was convinced that supporting a complete ban on cluster bombs is the only way to end the civilian suffering these weapons cause,” said Laura Cheeseman, Campaign Manager for the CMC. “The UK must now accelerate its work to convince others to get on board the ban treaty before the First Meeting of States Parties in Lao PDR in November.”
Many of the UK’s allies have signed or ratified the treaty, including 20 out of 28 NATO members. The UK has engaged in outreach to a number of Commonwealth countries that have not yet signed.
The treaty will enter into force for the UK on 1 November, meaning the UK government will be eligible to participate fully in the First Meeting of States Parties from 8-12 November in Lao PDR, the most cluster bomb-contaminated country in the world. The CMC urges all states to attend this meeting, regardless of whether or not they have signed or ratified the treaty.
The UK Cluster Munition (Prohibition) Bill comes into force with immediate effect, banning the use, production, stockpiling and transfer of cluster munitions. The writing of this legislation into UK law paves the way for the UK to ratify in the next few days the international Convention on Cluster Munitions, which will come into force on 1st August 2010.
Chris Bryant, Foreign Office Minister, stated: “It also means that other countries can’t stockpile their cluster munitions in the UK, so for instance the United States of America, by the end of 2013, will have no cluster munitions in the UK or in any of our overseas territories, including Diego Garcia. There won’t be any in the UK by the end of this year, and we are in the process of destroying our stockpile.”
Handicap International, which has been campaigning to ban cluster munitions for much of the last decade, welcomes this announcement. “It is an important step toward ending the appalling threat that cluster munitions pose to civilian populations” says Stephanie Stuart, Handicap International UK’s director. Cluster munitions have killed and injured thousands of civilians during the last 40 years and continue to do so today. The UK’s commitment to banning these weapons sends a strong message to the international community and helps to stigmatize those States who have yet to sign up to the Convention on Cluster Munitions.
The UK is now on track to attend the First Meeting of States Parties to the Convention, which will take place in November in Laos PDR. Laos is the country the most contaminated by cluster munitions in the world, due to the U.S. bombing more than 30 years ago, when tens of millions of cluster munitions were dropped.
“My country joined the ban treaty because our people have suffered the impact of these deadly ‘bombies' for decades,” said Phong, a cluster bomb survivor from Laos, who is a member of the Ban Advocates, an initiative for cluster munition survivors and affected communities. “We're looking forward to welcoming government representatives and campaigners to Vientiane later this year to show the world the immense and shocking legacy of cluster bomb use here.”
Handicap International has been working with victims of landmines and cluster munitions since the early 1980s, and has seen up close the enormous damage these weapons do to individuals, families and communities. The Convention should bring long-awaited recognition of the rights of the victims of cluster munitions and provide a mechanism to ensure the funding of assistance for the many thousands of people affected around the world. It should also prioritise the clearance of areas still contaminated by cluster munitions where people still live with the daily threat posed by these weapons.
About Handicap International
Handicap International works to improve the living conditions of people with disabilities in post-conflict or low-income countries around the world. Our activities include clearing landmines and unexploded ordnance, preventing mine-related accidents through education, assisting survivors with social and economic inclusion and advocating for the universal recognition of the rights of people with disabilities through national planning and advocacy. Handicap International is a co-founder of the Cluster Munition Coalition and the International Campaign to Ban Landmines, which was awarded the 1997 Nobel Peace Prize.
About cluster bombs
A cluster munition is a weapon containing multiple - often hundreds - of small explosive submunitions. Cluster munitions are dropped from the air or fired from the ground and designed to break open in mid-air, releasing the submunitions over an area that can be the size of several football fields. This means they cannot discriminate between civilians and soldiers. Many submunitions fail to explode on impact and remain a threat to lives and livelihoods for decades.
For Handicap International, which has been campaigning for much of the last decade to ban cluster munitions, this Convention represents an unprecedented step forward in international humanitarian law. Ban Ki-moon, UN’s Secretary-General, noted that the Convention’s entry into force just two years after its adoption demonstrated "the world’s collective revulsion at the impact of these terrible weapons ".
The first 30 countries to have ratified include stockpiling countries (such as France, Germany and Japan) and affected countries (such as Albania, Croatia and Lao PDR). From the 1st August 2010, States parties to the treaty must cease all use, production and transfer of cluster bombs. They will have 8 years to destroy stockpiles and 10 years to clear territory of unexploded bombs. States must also identify ways to assist victims, whose rights will be at last recognised. No country will be able to use cluster munitions with impunity.
For Handicap International, a founding organization of the Cluster Munition Coalition, the convention is a means of putting an end to the appalling threat that cluster munitions pose to civilian populations. Handicap International has been working with landmine and cluster munitions victims around the world since the early 1980s and has seen up close the enormous damage these weapons do to individuals, families and communities.
Once the Convention enters into force in August, the next milestone will be the First Meeting of States Parties, scheduled to be held in Laos in November 2010. Laos is more heavily contaminated by cluster munitions than any other country because of U.S. bombing more than 30 years ago.
“My country joined the ban treaty because our people have suffered the impact of these deadly ‘bombies’ for decades,” testifies Phong, a survivor campaigning with Handicap International. “We’re looking forward to welcoming government representatives and campaigners to Vientiane later this year to show the world the immense and shocking legacy of cluster bomb use here.”
Although the convention has yet to enter into force, states have already begun to implement some of its provisions. Last year, Spain announced the destruction of its stockpile. Albania announced in December 2009 that it was the first signatory country to complete clearance of cluster bomblet contamination in its territory.
Marion Libertucci, Head of Advocacy at Handicap International, warns "74 out of the 104 States that signed the Oslo Treaty have yet to ratify it. We urge them to do so as soon as possible to confirm their commitment. The attention of the international community will also remain focused on non-signatory States, including the United States. We are critical of the position of these non-signatories – a position that is no longer tenable either militarily or diplomatically. They must therefore change their position without delay."
Handicap International urges the UK and other states to ratify the Treaty and begin implementation as soon as possible. States that already ratified the 1997 Mine Ban Treaty and the 2006 Convention on the Rights of Persons with Disabilities should put their full support behind the cluster bomb ban as well, as all three international treaties enshrine the same humanitarian and human rights principles for assistance to affected communities and the promotion of dignified lives for survivors and victims of armed violence.
