Australia's cluster munitions shame

October 21, 2012 - By Michael Mullins, Editor of Eureka Street - Reposted here by their kind permission

After Australia was elected a non-permanent member of the UN Security Council on Friday, Foreign Minister Bob Carr said: 'It's the world saying "we see Australia as a good country, a fine global citizen".'

For the next two years, other countries will take their lead from Australia when they are urged to act on matters of global importance. We have the opportunity to make a substantial contribution to creating a better world for all people.

However there are already signs that we are compromised and could be predisposed to squander that opportunity.

Earlier last week Australia acted in a shameful manner when we cynically ratified the international treaty to ban cluster munitions only after the Federal Government created a loophole that will destroy its effectiveness.

Cluster bombs release many small bomblets over a wide area, posing serious risk to civilians both during and after they are dropped. For years to come, innocent Syrians will continue to be maimed by Russian-supplied cluster munitions being used in the current conflict.

In 2008, 108 countries signed the Convention on Cluster Munitions, which prohibits the use, transfer and stockpile of the bombs. But before Australia finally ratified the Convention last week, the Senate passed into law the Cluster Munitions Prohibition Bill, which allows Australian military personnel to operate alongside US forces deploying cluster munitions, as occurred in 2003 in the Iraq war.

Moreover, according to former Defence Force chief Peter Gration, the Bill enables the United States 'to stockpile cluster bombs in Australia' and 'transit cluster bombs through Australia either by ship or by plane'.

He was one of 47 eminent and expert Australians who signed an open letter warning the Defence Minister, Foreign Affairs Minister and Attorney-General not to pass the legislation without removing the exemptions.

Malcolm Fraser wrote that the legislation is 'scattered with alarming loopholes that, to my mind, directly undermine the spirit and intention of the convention. These exemptions are unnecessary at best and add little or nothing to our national security. At worst, they run directly counter to the treaty's intent by setting a precedent which explicitly facilitates the ongoing use of cluster bombs.'

The legislation was passed in August, clearing the way for last week's ratification of the Convention, in compromised circumstances. Australia has set a regrettable precedent that is likely to be followed by other countries who look to our example when they introduce their own domestic legislation to ratify the treaty.

Australia is hardly leading other nations towards a better world. We are not the fine global citizen Bob Carr says we are. If the Security Council seat is intended as a reward for exemplary conduct on the international stage, we don't deserve it.

LINKS:

http://www.theaustralian.com.au/news/breaking-news/senate-passes-ban-on-...
THE Senate has passed government legislation ratifying a global treaty banning cluster munitions, over strong opposition from the Australian Greens who argued it sabotaged progress towards a global ban.

http://www.attorneygeneral.gov.au/Media-releases/Pages/2012/Third%20Quar...
Legislation to ban cluster munitions

21 August 2012

Australia’s commitment to reducing the humanitarian impact of armed conflict was strengthened today with the passage of a bill banning the use of cluster munitions.

The passage of the Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010 includes legislative measures necessary to give effect to the Convention on Cluster Munitions.
“Cluster munitions are weapons that can have a tragic impact on communities,” Attorney-General Nicola Roxon said
“Australia was amongst the first group of countries to sign the convention in 2008 and this Bill is another step towards ratification.
“With this legislation, it will become an offence to use, stockpile or transfer cluster munitions and also to encourage others to engage with these dangerous weapons.”

http://www.eurekastreet.com.au/article.aspx?aeid=33700

http://www.hrw.org/news/2012/08/22/australia-cluster-munitions-law-serio...
“This law has gaping loopholes that could allow Australian forces to help nations that have not joined the convention – such as the United States – use, transfer, and stockpile a banned weapon,” said Steve Goose, director of the arms division at Human Rights Watch. “How can Australia discourage its allies from using cluster munitions, as the convention requires, if it’s helping them use the weapons?”
Australia should issue clear policy statements that it will not knowingly assist with the use of cluster munitions, and will not grant permission for foreign forces to stockpile cluster munitions on, or transit cluster munitions through, Australian territory, Human Rights Watch said.

http://www.actforpeace.org.au/Be_Informed/Latest_News/Australia_passes_w...
The legislation bans Australian forces from using cluster bombs, but it contains loopholes which mean that Australian forces could directly and actively assist in the use of cluster munitions during joint operations with countries that have not joined the convention – such as the United States. It also explicitly permits the transfer and stockpiling of cluster munitions on and through Australian territory by non-state-parties such as the USA. The Government has said as a matter of policy that it will not permit the US to stockpile these weapons here, but it refused to amend the legislation to reflect this policy commitment and joined with the Coalition to vote down a Greens amendment that would have banned foreign stockpiles.
Cluster bombs are large bombs with hundreds of bomblets inside which can lie on the ground unexploded for years, even decades, after a conflict. 98% of the victims harmed by these unexploded cluster bombs are civilians, and one third of them are children.
The Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010 passed the Senate without amendment. The bill is expected to be signed into law shortly, and then Australia will deposit its instrument of ratification to the Convention on Cluster Munitions with the United Nations and become a state party.
Act for Peace, as a member of the Cluster Munition Coalition Australia, had been calling for changes to the legislation to accurately reflect the spirit and intention of the Cluster Munitions Convention, which is to ban these awful weapons for all time, as well as prevent loopholes which may allow Australia to support the use of these weapons.
“This is an extremely disappointing result. This law could allow Australian forces to assist countries like the United States in using, transferring or stockpiling cluster bombs,” said Alistair Gee, Executive Director of Act for Peace.

http://www.onlineopinion.com.au/view.asp?article=14009
The federal government has made the same few statements for almost two years in responding to criticism of its Cluster Munitions Prohibition Bill. Some of its claims are misleading statements of opinion presented as facts, while one oft-repeated line has been shown by the US embassy cables released by Wikileaks to be false.

http://www.childfund.org.au/news/press/cluster-munitions-bill

http://www.uruknet.info/?p=m75809&hd&size=1&l=e&fb=1
Victims of war - Iraqi children and families - Depleted uranium and trauma

http://indymedia.org.au/2012/09/01/none-of-these-men-had-to-die-bloodied...

http://au.news.yahoo.com/thewest/a/-/news/9862724/help-comes-on-wheels-f...

http://en.wikipedia.org/wiki/Cluster_munition

http://en.wikipedia.org/wiki/Convention_on_Cluster_Munitions

http://www.the-monitor.org/index.php/LM/The-Issues/FAQs

http://www.the-monitor.org/index.php/LM/The-Issues/FAQs#23857
How many countries use mines or cluster munitions?

Landmines

No governments that have joined the Mine Ban Treaty currently use mines.

Landmine Monitor Report 2010 reported that one state which has not joined the Mine Ban Treaty—Myanmar/Burma—has used mines every year since the Monitor began reporting in 1999.
Landmine Monitor Report 2010 for the first time did not identify Russia as an ongoing, active user of antipersonnel mines. There have been no confirmed instances—or even serious allegations—of new use of antipersonnel mines by Russian forces in 2009 or 2010 in Chechnya or elsewhere.

In 2009, mines and improvised explosive devices (IEDs), which work like mines, were used by non-state armed groups (NSAGs) in at least six countries, including three States Parties (Afghanistan, Colombia, and Yemen) and three states not party to the treaty (India, Myanmar, and Pakistan).

Cluster Munitions

At least 18 government armed forces have used cluster munitions since the end of World War II. The latest reported cluster munition use occurred in December 2009 in Yemen, where Amnesty International alleged the US used cluster munitions. Click here for more information about cluster munition use.

How many countries produce mines or cluster munitions?

Landmines

The Monitor identifies 12 states as producers of antipersonnel mines, none of which have joined the Mine Ban Treaty: China, Cuba, India, Iran, Myanmar, North Korea, South Korea, Pakistan, Russia, Singapore, the US, and Vietnam.
Countries on this list may actively produce or maintain the ability to produce mines.

Cluster Munitions

The Monitor reports that it is likely that 17 states are producers of cluster munitions, none of which have joined the Convention on Cluster Munitions: Brazil, China, Egypt, Greece, India, Iran, Israel, South Korea, North Korea, Pakistan, Poland, Romania, Russia, Singapore, Slovakia, Turkey, and the US.
Countries on this list may actively produce or maintain the ability to produce cluster munitions.

How many people are killed or injured by mines or cluster munitions?
Data collection on mine or cluster munition incidents and survivors is largely inadequate so it is not possible to give a total number of people worldwide who have been killed or injured by landmines, cluster munitions or other explosive remnants of war. Click here to see information about recorded casualties in 2009.