(US Air Force photo. A B-1B Lancer unleashes cluster munitions.)

Gugu Dube, Junior Researcher and Noel Stott, Senior Research Fellow: Arms Management Programme, ISS Tshwane (Pretoria)

On the 29th and 30th September 2008, 42 governments and civil society members convened in Kampala, Uganda for the second regional African Conference on the Convention on Cluster Munitions (CCM) as part of the Oslo Process – the process by which cluster munitions that cause unacceptable harm to civilians will be banned.

 Cluster munitions are weapons that open in mid-air and randomly scatter dozens or hundreds of individual sub-munitions (or “bomblets”) over a large area. Cluster munitions pose severe risks to civilians’ lives and livelihoods both at the time of their use and after hostilities have ended. This is due to the wide-area effect of cluster munitions and the large number of sub-munitions they leave unexploded. Unexploded sub-munitions hinder humanitarian assistance, peace operations, post-conflict reconstruction and development efforts.

The Convention, which will be signed in Oslo on 3 December 2008 (the International Day for Persons with Disabilities), bans the use, production, stockpiling and transfer of cluster munitions that cause acceptable harm to civilians. States which sign and ratify the new Treaty undertake never to: use cluster munitions; develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions; and, assist, encourage or induce anyone to engage in any activity prohibited under the Convention.

African States played a crucial role during the Treaty’s negotiations particularly at the Dublin Diplomatic Conference on Cluster Munitions in May 2008. Cluster munitions have been used in a number of African countries including Angola, Chad, the Democratic Republic of Congo, Eritrea, Ethiopia, Sudan and Uganda. Many thus rejected proposals for broad exceptions from the ban as well as a transition period during which cluster munitions could still be used until alternatives are developed.

The main objectives of the Kampala meeting (which was financially supported by Austria, Norway and the United Nations Development Program) was to continue the momentum built up during the Oslo Process and to promote the signature of the Convention on Cluster Munitions in December 2008 as well as to ensure that States are aware of the implications of signing. In addition, the impact that cluster munitions have had on the African continent was also analysed. Other discussions in Kampala included the Convention’s provisions on victim assistance and efforts to ensure international co-operation in clearing affected areas.

The opening statement by the Ugandan Minister for Disaster preparedness, Prof. Tarsis Kabwegyere encapsulated why African states have supported the most important disarmament treaty of this decade, “Cluster munitions kill and maim people, not only at the time of use, but for many generations afterwards. In addition to causing loss of life, cluster munitions are also an impediment to development, as they affect land use and settlement by contaminating agricultural land and the destruction of livestock. Overall this undermines economic recovery and development, including the achievement of the UN Millennium Goals”.

Out of 53 African States, 40 now support the Treaty with six African countries attending such a meeting for the first time or publically declaring their support for such a ban: Rwanda, Liberia, Angola, Madagascar, the Seychelles and Benin. The "Kampala Action Plan" urges all African States to sign the Convention in order to demonstrate the continent's strong commitment to the eradication of cluster munitions.

According to UNDP Representative and UN Resident Coordinator, Mr Theophane Nikyema, “African states are making history. More than a decade ago their support was crucial in securing the 1997 Anti-personnel Mine Ban Convention – a convention that addressed an acute crisis affecting hundreds of thousands of Africans. The Convention on Cluster Munitions will prevent such a disaster from unfolding again. UNDP encourages States to sign the Convention on Cluster Munitions in Oslo and ratify without delay to allow its rapid entry into force”.

The role of African States and civil society in the Oslo Process should be applauded. The Treaty will enter into force six months after the 30th state has deposited its instrument of ratification with the Secretary General of the UN. However, a concerted effort from all countries across the continent will be required to avoid the process stagnating once the Treaty has entered into force.