CHAPTER XXVI

DISARMAMENT6Convention on Cluster MunitionsDublin, 30 May 2008Entry into force1 August 2010, in accordance with article 17(1).Registration1 August 2010, No. 47713StatusSignatories108Parties83TextDepositary notification C.N.776.2008.TREATIES-2 of 10 Nov 2008The Convention was concluded by the Dublin Diplomatic Conference on Cluster Munitions at Dublin on 30 May 2008. In accordance with its article 15, the Convention was opened for signature at Oslo, Norway, by all States on 3 December 2008 and will remain open thereafter at the United Nations Headquarters in New York until its entry into force.

ParticipantSignatureProvisional application(n)Approval(AA), Acceptance(A), Accession(a), RatificationAfghanistan 3 Dec 2008 8 Sep 2011 Albania 3 Dec 2008 16 Jun 2009 Andorra 9 Apr 2013 aAngola 3 Dec 2008 Antigua and Barbuda16 Jul 2010 23 Aug 2010 Australia 3 Dec 2008 8 Oct 2012 Austria 3 Dec 2008 2 Apr 2009 Belgium 3 Dec 2008 22 Dec 2009 Benin 3 Dec 2008 Bolivia (Plurinational State of) 3 Dec 2008 30 Apr 2013 Bosnia and Herzegovina 3 Dec 2008 7 Sep 2010 Botswana 3 Dec 2008 27 Jun 2011 Bulgaria 3 Dec 2008 6 Apr 2011 Burkina Faso 3 Dec 2008 16 Feb 2010 Burundi 3 Dec 2008 25 Sep 2009 Cameroon15 Dec 2009 12 Jul 2012 Canada 3 Dec 2008 Cape Verde 3 Dec 2008 19 Oct 2010 Central African Republic 3 Dec 2008 Chad 3 Dec 2008 26 Mar 2013 Chile 3 Dec 2008 16 Dec 2010 Colombia 3 Dec 2008 Comoros 3 Dec 2008 28 Jul 2010 Congo 3 Dec 2008 Cook Islands 3 Dec 2008 23 Aug 2011 Costa Rica 3 Dec 2008 28 Apr 2011 Côte d'Ivoire 4 Dec 2008 12 Mar 2012 Croatia 3 Dec 2008 17 Aug 2009 Cyprus23 Sep 2009 Czech Republic 3 Dec 2008 22 Sep 2011 Democratic Republic of the Congo18 Mar 2009 Denmark<superscript>1</superscript> 3 Dec 2008 12 Feb 2010 Djibouti30 Jul 2010 Dominican Republic10 Nov 2009 20 Dec 2011 Ecuador 3 Dec 2008 11 May 2010 El Salvador 3 Dec 2008 10 Jan 2011 Fiji 3 Dec 2008 28 May 2010 France 3 Dec 2008 25 Sep 2009 Gambia 3 Dec 2008 Germany 3 Dec 2008 8 Jul 2009 Ghana 3 Dec 2008 3 Feb 2011 Grenada29 Jun 2011 aGuatemala 3 Dec 2008 3 Nov 2010 Guinea 3 Dec 2008 Guinea-Bissau 4 Dec 2008 29 Nov 2010 Haiti28 Oct 2009 Holy See 3 Dec 2008 3 Dec 2008 Honduras 3 Dec 2008 21 Mar 2012 Hungary 3 Dec 2008 3 Jul 2012 Iceland 3 Dec 2008 Indonesia 3 Dec 2008 Iraq12 Nov 2009 14 May 2013 Ireland 3 Dec 2008 3 Dec 2008 Italy 3 Dec 2008 21 Sep 2011 Jamaica12 Jun 2009 Japan 3 Dec 2008 14 Jul 2009 AKenya 3 Dec 2008 Lao People's Democratic Republic 3 Dec 2008 18 Mar 2009 Lebanon 3 Dec 2008 5 Nov 2010 Lesotho 3 Dec 2008 28 May 2010 Liberia 3 Dec 2008 Liechtenstein 3 Dec 2008 4 Mar 2013 Lithuania<superscript>2</superscript> 3 Dec 2008 24 Mar 2011 n24 Mar 2011 Luxembourg 3 Dec 2008 10 Jul 2009 Madagascar 3 Dec 2008 Malawi 3 Dec 2008 7 Oct 2009 Mali 3 Dec 2008 30 Jun 2010 Malta 3 Dec 2008 24 Sep 2009 Mauritania19 Apr 2010 1 Feb 2012 Mexico 3 Dec 2008 6 May 2009 Monaco 3 Dec 2008 21 Sep 2010 Montenegro 3 Dec 2008 25 Jan 2010 Mozambique 3 Dec 2008 14 Mar 2011 Namibia 3 Dec 2008 Nauru 3 Dec 2008 4 Feb 2013 Netherlands<superscript>3</superscript> 3 Dec 2008 23 Feb 2011 ANew Zealand<superscript>4</superscript> 3 Dec 2008 22 Dec 2009 Nicaragua 3 Dec 2008 2 Nov 2009 Niger 3 Dec 2008 2 Jun 2009 Nigeria12 Jun 2009 Norway<superscript>5</superscript> 3 Dec 2008 3 Dec 2008 n 3 Dec 2008 Palau 3 Dec 2008 Panama 3 Dec 2008 29 Nov 2010 Paraguay 3 Dec 2008 Peru 3 Dec 2008 26 Sep 2012 Philippines 3 Dec 2008 Portugal 3 Dec 2008 9 Mar 2011 Republic of Moldova 3 Dec 2008 16 Feb 2010 Rwanda 3 Dec 2008 Samoa 3 Dec 2008 28 Apr 2010 San Marino 3 Dec 2008 10 Jul 2009 Sao Tome and Principe 3 Dec 2008 Senegal 3 Dec 2008 3 Aug 2011 Seychelles13 Apr 2010 20 May 2010 Sierra Leone 3 Dec 2008 3 Dec 2008 Slovenia 3 Dec 2008 19 Aug 2009 Somalia 3 Dec 2008 South Africa 3 Dec 2008 Spain 3 Dec 2008 17 Jun 2009 St. Vincent and the Grenadines23 Sep 2009 29 Oct 2010 Swaziland13 Sep 2011 aSweden 3 Dec 2008 23 Apr 2012 Switzerland<superscript>6</superscript> 3 Dec 2008 17 Jul 2012 n17 Jul 2012 The former Yugoslav Republic of Macedonia 3 Dec 2008 8 Oct 2009 Togo 3 Dec 2008 22 Jun 2012 Trinidad and Tobago21 Sep 2011 aTunisia12 Jan 2009 28 Sep 2010 Uganda 3 Dec 2008 United Kingdom of Great Britain and Northern Ireland 3 Dec 2008 4 May 2010 United Republic of Tanzania 3 Dec 2008 Uruguay 3 Dec 2008 24 Sep 2009 Zambia 3 Dec 2008 12 Aug 2009 BelgiumDeclaration made upon signature:This signature is equally binding the region of Walloon, the Flemish region and the region of the capital of Brussels.El SalvadorInterpretative Declaration:Regarding Article 10 of this Convention, the Government of the Republic of El Salvador considers that the contents of paragraph 1 of this Article do not imply any recognition of or mandatory subjection of any dispute to the jurisdiction of the International Court of Justice, but instead the purely discretionary power of each State party to submit to such a jurisdiction if it should so agree, given that the Republic of El Salvador does not recognize the jurisdiction of the International Court of Justice.Holy SeeUpon ratification<i>Declarations:</i>“In ratifying the Convention on Cluster Munitions the Holy See desires to encourage the entire International Community to be resolute in promoting effective disarmament and arms control negotiations and in strengthening international humanitarian law by reaffirming the preeminent and inherent value of human dignity, the centrality of the human person, and the “elementary considerations of humanity”, all of which are elements that constitute the basis of international humanitarian law.The Holy See considers the Convention on Cluster Munitions an important step in the protection of civilians during and after conflicts from the indiscriminate effects of this inhumane type of weapons. The new Convention is a remarkable achievement for multilateralism in disarmament, based on constructive cooperation between governmental and non governmental actors, and on the link between humanitarian law and human rights.The Holy See would like to underline the following points:1. The Convention adopts a broad definition of cluster munitions victims, including persons directly impacted, their families and communities, and requests States Parties to provide them with assistance. The Holy See is mindful that this broader assistance must be respectful of the right to life from the moment of conception to natural death, in order to conform to the fundamental principles ofrespect for human life, and ensure the recognition of human dignity. Preserving life and creating the conditions of an existence worthy of the human person should be at the core of humanitarian assistance.2. States Parties, in designating a focal point within government (art.5.2(g)), will have to guarantee that the coordination of national disability, development and human rights frameworks and mechanisms ensures effective assistance to all victims. In this regard, the Holy See also wishes to restate its understanding and interpretation of article 5.2 ( c), where the Convention recognizes “the specific role and contribution of relevant actors”: when a State Party develops a national plan and budget to carry out assistance activities according to the Convention “with a view to incorporating them within the existing national disability, development and human rights frameworks and mechanisms”, it shall guarantee the pluralism that is inherent in any democratic society and the diversity of relevant non governmental actors. This respectful form of coordination of the various activities of governmental and non governmental actors is in line with the Preamble (PP 10) (see also Dublin Diplomatic Conference for the adoption of a Convention on Cluster Munitions, Summary Record, CCM/SR/4, 18 June 2008).3. The Holy See, by ratifying the Convention on Cluster Munitions, understands the term “gender”, used in the Preamble (PP 8) and in articles 5.1, 6.7 and 7.1 (k) of the Convention, in accordance with its Interpretative Statement to the Beijing Declaration and Platform for Action, made in Beijing at the Fourth World Conference on Women.4. Article 4.4 highlights moral responsibility in cases where cluster munitions have been used or abandoned and have became cluster munitions remnants prior to the entry into force of the Convention. State responsibility should be given effective expression in the area of cooperation and assistance.5. In relation to Article 21, joint military operations do not imply, in any way, a suspension of the obligations under the Convention. “States Parties, their military personnel or nationals” shall never engage in activities prohibited by the Convention. On the contrary, joint military operations should be opportunities for States Parties to promote the standards introduced by the new instrument with the objective to protect civilians during and after armed conflicts.The Holy See recognizes the spirit of partnership between States, United Nations bodies, International Organizations, the international Committee of the Red Cross and civil society which, through collective action, has sustained the process which has led to the adoption of the Convention. The Holy See considers the implementation of the Convention as a legal and humanitarian challenge forthe near future. An effective implementation should be based on constructive cooperation of all governmental and non governmental actors and should reinforce the link between disarmament and development. This can be done by directing human and material resources towards development, justice and peace, which are the most effective means to promote international security and a peaceful international order.In conformity with its proper nature, with its particular mission, and with the particular condition of Vatican City State, and according to its international practice, the Holy See, by means of the solemn act of ratification, expresses its pledge to work towards a peaceful international order in which human dignity and fundamental rights are fully respected.”1Upon its ratification to the Convention, the Government of Denmark notified the Secretary-General of the following: “Until further notice, the Convention shall not apply to the Faroe Islands.”2In its notification of provisional application, Lithuania notified the Secretary-General "... that the Republic of Lithuania will apply provisionally Article 1 of this Convention pending its entry into force for the Republic of Lithuania."3For the European part and the Caribbean part (the Islands of Bonaire, Sint Eustatius and Saba)4Upon its ratification to the Convention, the Government of New Zealand notified the Secretary-General of the following: “… consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory … ”5In its notification of provisional application, Norway notified the Secretary-General that: “Pursuant to Article 18 of the Convention, the Government of the Kingdom of Norway declares that it will apply provisionally Article I of this Convention pending its entry into force for Norway.”6 In its notification of provisional application, Switzerland notified the Secretary-General that: Switzerland will apply provisionally Article 1 (1) a) of the Convention pending its entry into force for Switzerland.