Africa takes the Lead in Universalising the Convention on Cluster Munitions

Representatives of 34 African states gathered to develop the Accra Universalisation Action Plan with the aim to attain a cluster munitions-free Africa with universal adherence to the CCM.

Gugu Dube, Researcher, Transnational Threats and International Crime Division, ISS Pretoria 

African states reinforced their ownership of the Convention on Cluster Munitions (CCM) at a regional conference on the Universalisation of the CCM on 28–30 May 2012 in Accra, Ghana. The CCM is the most significant international disarmament treaty since the 1997 Anti-Personnel Mine Ban Convention. Nearly a third of the continent’s countries are affected by cluster munitions, including Chad, Angola, Sudan, South Sudan, Sierra Leone, Ethiopia, Eritrea, the Democratic Republic of the Congo (DRC) and Uganda. The damage caused by cluster munitions used in past conflicts contributes to human insecurity and hinders development on the continent.

For example, on the back of recent media reports of new cluster munition use in Sudan, the Cluster Munition Coalition (CMC), a global network of more than 350 civil society organisations, renewed its call on the Sudanese government to conduct a thorough investigation and make the findings known. The CMC also urged the Sudanese government to join the CCM.

The CCM was adopted by 107 states on 30 May 2008 in Dublin and signed on 3 December of the same year in Oslo, Norway. United Nations Secretary-General Ban Ki-moon stated the following in relation to the treaty when it entered into force on 1 August 2010: ‘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.’

Cluster munitions are air- or ground-launched canisters that contain up to 650 individual sub-munitions. Although generally designed to explode on impact, the sub-munitions often fail to do so and detonate at a later stage, causing death and injuries. Calls to curb the use of cluster weapons have gained momentum since the conflict in Lebanon in 2006, where it is believed Israel dropped 4.3 million sub-munitions on Lebanese soil. De-mining agencies estimated some 1 million cluster munitions failed to explode, which continue to pose an ongoing threat to civilians.

The CCM seeks to prevent future civilian harm caused by cluster munitions by establishing absolute prohibitions on a number of activities involving cluster munitions. It serves as a legally binding instrument to prohibit the use, production, transfer and stockpiling of cluster munitions. It also establishes a framework for cooperation and assistance to ensure the adequate provision of care and rehabilitation of victims and, among other things, the destruction of cluster munition stockpiles. Indeed, according to the preamble, the CCM strives to ‘put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned’. For their part, states parties to the CCM are required to interpret their obligations in a manner that is consistent with the object and purpose of the CCM.

The objective of the Accra Regional Meeting was to overcome challenges currently faced by states considering CCM ratification or accession in order to further extend the reach of the treaty throughout the sub-Saharan region, and to assist states parties in fulfilling their obligations under the CCM, so as to accelerate its implementation. A total of 34 African states took part in the conference, including three that have not yet signed or ratified the CCM (Eritrea, Mauritius and Zimbabwe).  Another 18 African countries that have signed but still need to ratify also attended, as did 13 full states parties. The 34 African countries adopted a strong action plan with the ultimate aim of a cluster munition-free Africa. The Accra Universalisation Action Plan lays out practical steps states should take to promote and achieve continent-wide membership of the CCM. The document reaffirms the partnership between states, the United Nations (UN), and civil society to achieve the goals of the treaty and ensure it is fully implemented at the national level.

Countries in attendance overwhelmingly voiced clear support for the universalisation of the treaty. Fellow signatories Benin, Chad, the Gambia and South Africa also said that they hoped to ratify soon. In another positive move Mauritius, which has not yet joined the treaty, said its National Humanitarian Law Committee would soon consider whether it could accede to the CCM’s terms.

At the meeting, signatories Cameroon and Togo announced that their governments had approved ratification of the CCM and would take the final step of depositing the ratification with the UN within weeks. Uganda, where thousands of people are living with injuries caused by lethal explosive remnants of war like cluster munitions, also announced plans to ratify the treaty before states meet again for the Third Meeting of States Parties to the Convention that will take place in Oslo, Norway, from 11 to 14 September 2012.

Ghana should be lauded for hosting such a timely regional meeting prior to the Third Meeting of States Parties to the CCM. The Accra Universalisation Action Plan will help African states to take a leading role in universalising the CCM and implementing it. Since the CCM entered into force, it is no longer open for signature and states can no longer sign and then ratify. States must now become bound through the process of ‘accession’, which has the same effect as ratification. Signatory states must still ratify the CCM now that it has entered into force. Each country that has signed the CCM must still ratify it in order to become a state party bound by the CCM’s provisions. There are only eight remaining countries in the region left to join the CCM. While a great number of countries have already signed, 22 countries still need to take the next step and complete their ratification process. It is critical that all African CCM states continue their commitment to the CCM process.

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