IN DUBLIN between 19 May and 28 May, 110 governments negotiated a new international treaty, the Convention on Cluster Munitions, that will ban cluster munitions that “cause unacceptable harm to civilians”. The treaty bans all the cluster munitions that have been extensively used.

The treaty requires that countries party to the treaty destroy stockpiles of banned cluster munitions, clear all areas contaminated by unexploded cluster munitions, and assist victims of cluster munitions under their control, including families and communities of anyone injured by cluster munitions.

While the treaty is a major step forward, it does contain some major loopholes, in particular in relation to "interoperability", and responsibility for clearance.

Australia was part of the negotiations. Disappointingly, the Department of Defence was able to get into the treaty the three loopholes it was seeking:

• Australia will be able to assist US forces in the use, transfer and stockpiling of cluster munitions, provided Australian troops themselves do not use the munitions and that Australia assesses that the use is in compliance with their understanding of the Geneva Conventions and their Additional Protocols. This could see Australian air traffic controllers directing US aircraft using cluster munitions;
• Australia will be able to keep the SMArt 155 artillery shells bought last year, which meet the requirements to be exempted by the treaty;
• Australia will be able to keep an unlimited number of cluster munitions for research and training provided it believes that these are “the minimum number absolutely necessary” for the purpose.

The treaty opens for signature in Oslo in December and the next job will be to ensure that countries sign on.

Many of the major manufacturers and users of cluster munitions have stayed outside of the treaty: the USA, Russian Federation, Israel, and Pakistan. However, the new treaty will put pressure on these countries to stop the production, sale and use of cluster munitions banned by the new treaty. 

Thanks to Dr Mark Zirnsak, National Coordinator for the Australian Network to Ban Landmines for the article on which this report is based.

• Read more details in Mark Zirnsak's full article.
• Get lots more information from the Cluster Munitions Coalition website.
• Media representatives are welcome to contact MAPW for further comment.