(Wellington: 11 December 2009) Campaigners are celebrating the passage of the Cluster Munitions Prohibition Bill by the New Zealand parliament last night. With the unanimous vote in support of the implementing legislation, New Zealand’s ratification of the international treaty banning cluster munitions is now imminent.After taking a leadership role in the international process to ban cluster munitions, New Zealand signed the Convention on Cluster Munitions on 3 December 2008. New Zealand’s Minister of Disarmament and Arms Control, Hon. Georgina Te Heuheu, introduced the Cluster Munitions (Prohibition) Bill in parliament on 21 July 2009. Sixteen ANZCMC members then made submissions in support of the Bill’s swift passage and ANZCMC coordinator Mary Wareham appeared before the Foreign Affairs, Defence, and Trade Select Committee to support the Bill. On 30 November 2009, the Select Committee reported back to parliament recommending passage of the amended Bill.

Late on 10 December 2009, the Bill received its second and final reading during an expedited debate.  Notes of the debate follow.

“We are pleased at how the Bill was strengthened and clarified through the Select Committee process, particularly with the addition of the prohibition on investment in companies that manufacture cluster munitions,” said said Mary Wareham, coordinator of the Aotearoa New Zealand Cluster Munition Coalition (ANZCMC) in a press release. “With the Bill’s passage our dream that New Zealand will be among the first thirty countries to ratify and bring this new treaty into effect is about to be realized,” she added.

The Convention on Cluster Munitions has been signed by 103 nations since December 2008, of which 24 have ratified. It prohibits cluster munitions, requires clearance of areas contaminated by unexploded cluster bomb duds, and establishes ground-breaking provisions for assistance to victims of the weapon.

Notes of the Cluster Munitions (Prohibition) Bill Second/Final Reading (by Mary Wareham for ANZCMC)

Due to the limited number of days left before parliament’s Christmas holiday break and the strong desire of the government for swift ratification of the Convention on Cluster Munitions, the government reintroduced the Cluster Munitions (Prohibition) Bill for expedited passage on Thursday 10 December 2009. On behalf of the government, Gerry Brownlee proposed that the second and final debate on the proposed legislation be held continuously and there was no objection. Eight parliamentarians spoke over the course of the hour-long debate before the legislation was unanimously adopted.  Several representatives mentioned their pride in New Zealand’s role in the achievement of the international treaty banning cluster munitions.

Hon. Georgina Te Heuheu (National, List), New Zealand’s Minister for Disarmament and Arms Control, started the debate by moving that the Cluster Munitions (Prohibition) Bill be read a second and final time.  She described how the proposed legislation implements New Zealand’s obligations under the 2008 Convention on Cluster Munitions.  Te Heuheu thanked the Foreign Affairs, Defence, and Trade Select Committee for its work and noted that the Bill “has emerged [from the select committee] in an improved form, which takes on many of the proposals made in the submissions received.” Te Heuheu paid tribute to the global and local Cluster Munition Coalition for its active role and commitment that have been “essential in getting us to this point.”  The minister urged all states to sign and ratify the Convention on Cluster Munitions and said that she hoped the New Zealand legislation would be useful to other countries.

Chris Carter (Labour, Te Atatū) spoke next on behalf of the opposition.  Carter acknowledged the support that Labour has provided to the effort to ban cluster munitions particularly the former ministers for disarmament and arms control Hon. Phil Goff and Marion Hobbs.  He recalled a visit that he undertook to Cambodia in 2008 in his capacity as the former Minister of Education and noted the devastating impact that both landmines and cluster munitions have on civilian populations, particularly children. Carter stated Labour’s clear support for passage of the Bill and acknowledged the rare cross-party support for the cluster munition ban.

John Hayes (National, Wairarapa), described the Bill as “among the most important legislation to be put through parliament this year” and said he was pleased to have steered it through the review process in his capacity as Chair of the Foreign Affairs, Defence, and Trade Select Committee.  He thanked his colleagues and noted that the Committee had done well to review the legislation so quickly (it was referred to FADT in July 2009) and commended the Minister of Disarmament and Arms Control for pushing so hard in this respect. Hayes said that the question of prohibiting investment in cluster munition producers “had caused a lot of debate” in the committee.

Phil Twyford (Labour, List) described the debates as a “special moment” as it is “a rare time when peace breaks out in the House” and there is such cross-party consensus.  Twyford described the Bill as “an unequivocably good piece of law” and described the Convention on Cluster Munitions as the “latest development” in evolving international humanitarian law and comes on the heels of the Ottawa treaty banning antipersonnel mines. Twyford recalled how in his fifteen years as the director of Oxfam New Zealand, the group’s contribution to the International Campaign to Ban Landmines was one of his “most gratifying experiences.” He noted that the Select Committee had “benefited greatly” from the advice of the ANZCMC’s submissions and said the addition of the divestment provisions as “really added value” to the Bill.  Twyford cited statistics on cluster munition producers from the recent report by Pax Christi and Netwerk Vlaanderen.

Todd McClay (National, Rotorua) spoke briefly to confirm his support for the passage of the Cluster Munitions (Prohibition) Bill.

Kennedy Graham (Green, List) expressed the support of the Green Party for the Bill. He said he was proud of the final outcome on divestment and paid tribute in this respect to opposition MP Hon. Maryan Street (Labour, List) for her contributions during the Select Committee review. Graham cautioned against reading too much into the “lovefest” of “self-congratulation” over the Bill as he “takes issue with us ‘punching above our weight.’”  He said “we need to be more sober about where we fit in relation to international security” and expressed concern over New Zealand’s support for nuclear deterrence measures and questioned the government’s commitment to aid levels and the International Criminal Court.

Grant Robertson (Labour, Wellington Central) paid tribute to the role played by officials from the Ministry of Foreign Affairs and Trade particularly Ambassador Don MacKay and Jillian Dempster.  He described the “enormous tragedy” caused by cluster munitions, particularly on civilian populations and noted the “huge difference” that the Convention on Cluster Munitions will make.  Robertson described his pride in New Zealand’s role on the world stage when it comes to cluster munitions and acknowledged the role of NGOs, congratulating ANZCMC coordinator Mary Wareham.

David Shearer (Labour, Mt Albert) said “this issue is personal for me” and described his previous role as the UN’s humanitarian coordinator for Lebanon during the 2006 conflict that saw both Hezbollah and Israel use cluster munitions on civilian populations.  He noted how cluster munitions were “appallingly used at the end of the war, when there had been agreement on the ceasefire” and described how he had worked with Israeli journalists to expose the impact of the cluster munition use. Shearer paid tribute to the NGOs for “being the vanguard in ensuring that New Zealand is at the forefront of efforts” to tackle cluster munitions.  He said the Bill “is one of the strongest pieces of legislation globally” and noted that “the divestment provisions are to be applauded.”

At approximately 5.50pm, the Bill was unanimously agreed. Royal assent is required before it becomes law.  The Bill must still be signed by New Zealand’s Governor-General Sir Anand Satyanand.

For more information, please:

• Contact Mary Wareham, ANZCMC. Tel. +64-21-996-905, wareham@hrw.org
• Download ANZCMC press release
• Read press release by Hon. Georgina Te Heuheu
• The full Hansard transcript
• Text of the Act
• Associated documents including Select Committee report

This photo by Evelyn Wareham shows ANZCMC campaigners and officials from the Ministry of Foreign Affairs and Trade outside parliament after the Cluster Munitions Prohibition Bill was passed. From left to right: Jamilla Homayun (ANZCMC), Mary Wareham (ANZCMC), Jillian Dempster (MFAT), Edwina Hughes (Peace Movement Aotearoa/ANZCMC) and George Hampton (MFAT).

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