Internationally, the Convention on Cluster Munitions continued to pick up new countries, including the Dominican Republic’s ratification yesterday. Lebanon did an outstanding job in hosting the second meeting of the Convention on Cluster Munitions in September, which included a powerful demonstration of its humanitarian work to tackle the threat posed by uncleared cluster bombs in the south of the country. In Geneva, an Oslo Process alliance of 50+ govts, UN agencies, the ICRC, and civil society worked successfully to defeat the creation of a new international law permitting cluster munitions in the Convention on Conventional Weapons (CCW).

The ANZCMC maintained a high level of activity throughout 2011 in support of the Convention on Cluster Munitions. We sent letters to government ministers, diplomatic representatives, the NZDF, and political parties. We issued press releases and made OneNews with the story on the NZDF withdrawal from UN mine action. We demanded government action to condemn the use of cluster bombs by forces of Muammer Gaddafi in Libya and by Thailand in Cambodia. We made a submission on Australia’s controversial draft implementing legislation nearly a year ago (it still still has not passed). Our event held on one of winter’s dark and rainy Wellington evenings drew a warm crowd of supportive politicians, diplomats, and campaigners.

The only sour note has been ending 2011 with the loss of the Minister for Disarmament and Arms Control. The contribution of Hon. Georgina Te Heuheu to this portfolio also sadly did not receive the attention or support that she deserved. We face some hard campaigning in New Zealand to defend disarmament achievements and advance the agenda forward.

For a detailed accounting of our work in 2011 please check out the ANZCMC’s updated Chronology of Campaign Activities, also available in PDF.

Season’s Greetings and Best Wishes for 2012!

Mary Wareham on behalf of the Aotearoa New Zealand Cluster Munition Coalition

In a 19 December 2011 press release,  the ANZCMC coordinator Mary Wareham said: ” The loss of our dedicated Disarmament Minister is significant as this role has helped New Zealand to play a unique leadership role in the international movement to ban cluster bombs and in other crucial disarmament effort. New Zealand needs active and constructive engagement by a dedicated Minister to advance the humanitarian disarmament agenda, including the ban on cluster bombs.”

According to the Cabinet list of ministerial portfolios issued on 12 December 2011, New Zealand’s Minister of Foreign Affairs now “incorporates the responsibilities formerly included in the Disarmament and Arms Control portfolio.”

In a 13 December 2011 letter to the Minister of Foreign Affairs, the ANZCMC outlined its aims for the New Zealand’s government’s engagement in the 2008 Convention on Cluster Munitions, but expressed “deep disappointment” that the portfolio formerly represented by a specific Minister of Disarmament and Arms Control has been incorporated into the overall responsibilities of the Minister of Foreign Affairs. On 15 December, an Action Alert was issued on the matter. On 19 December 2011, the ANZCMC sent a letter to Prime Minister Rt. Hon. John Key expressing concern at the loss of the disarmament portfolio.

Today (19 December), the Leader of the Opposition, David Shearer, announced the New Zealand Labour portfolios, including MP Maryan Street for the portfolio on disarmament and arms control. The New Zealand Green Party did not initially list a disarmament portfolio in its line-up announced 14 December, but in acknowledgement of NGO concerns, two days later re-instated a specific disarmament portfolio to be held by MP Kennedy Graham. On 19 December, United Future leader Hon. Peter Dunne said he will be concerned if the disbanding of the Minister for Disarmament leads to “a lessening of New Zealand’s commitment to international disarmament” and told the ANZCMC that he would follow-up with the government on it.

Since 1987, eight New Zealanders have held the position of Minister for Disarmament and Arms Control, including three women:

• 1987: Hon. Russell Marshall (Labour)
• 1988-1990: Hon. Fran Wilde (Labour)
• 1990-1996: Hon. Sir Doug Graham (National)
• 1996-1999: Rt. Hon. Sir Don McKinnon (National)
• 1999-2002: Mr. Matt Robson (Alliance)
• 2002-2005: Hon. Ms. Marion Hobbs (Labour)
• 2005-2008: Hon. Phil Goff (Labour)
• 2008-2011: Hon. Ms. Georgina Te Heuheu (National)

New Zealand’s last Minister for Disarmament and Arms Control, Hon. Georgina Te Heuheu excelled in fulfilling her responsibilities in this role. In her first year on the job she worked to ensure swift passage of legislation to enforce the ban on cluster bombs, which in turn paved the way for New Zealand’s early ratification of the Convention on Cluster Munitions on 22 December 2009. The Minister’s high-level participation in the ban convention’s First Meeting of States Parties in Vientiane, Lao PDR in November 2010, coupled with her field-visit to affected communities, was a high point of the meeting. Over the past three years, the Minister issued a total of 31 statements on disarmament matters, of which one-third focused on cluster munitions. She has represented New Zealand at international diplomatic meetings on cluster munitions, landmines, and nuclear disarmament. The ANZCMC have enjoyed fruitful collaboration with the Minister, including through our combined outreach to the diplomatic corps, media, and public on both treaties.

In October 2011, the ANZCMC and its sister campaign the New Zealand Campaign Against Landmines (CALM) wrote to all political parties seeking their views on five policy questions relating to cluster munitions and landmines. National, the Greens and Labour provided written responses expressing their commitment to work on both. National said it would implement New Zealand’s existing treaty commitments through legislation, policy, and participation in treaty processes, but did not mention the position of the Minister for Disarmament and Arms Control.

According to United Future’s foreign policy, New Zealand should “Continue to advocate for disarmament and non-proliferation of chemical, nuclear and biological weapons and technologies and anti-civilian munitions such as cluster bombs and land mines.”

Other New Zealand political parties have not made their views known on the disestablishment of the Minister for Disarmament and Arms Control position, but some parties have expressed support for disarmament objectives such as the ban on cluster munitions, including ACT and the Maori Party.

The Aotearoa New Zealand Cluster Munition Coalition (ANZCMC) and Campaign Against Landmines (CALM) are governed jointly by a working group comprised of the following groups: Amnesty International Aotearoa NZ, Caritas Aotearoa NZ, Christian World Service, Disarmament and Security Centre, Engineers for Social Responsibility NZ, International Physicians for the Prevention of Nuclear War NZ, National Council of Women NZ, National Consultative Committee on Disarmament, Oxfam NZ, Peace Movement Aotearoa, Soroptimist International NZ, United Nations Association NZ, United Nations Youth Association NZ, UNICEF NZ, and Women’s International League for Peace and Freedom, Aotearoa.

• Take the Action Alert on New Zealand’s Disarmament Leadership
• Check out the Storify “Disarmament Matters in New Zealand”

For more information, see:

• ANZCMC press release, 19 Dec. 2011
• ANZCMC letter to Prime Minister Rt. Hon. John Key
• ANZCMC letter to Minister of Foreign Affairs Hon. Murray McCully
• ANCMC letter to Minister for Disarmament and Arms Control Hon. Georgina Te Heuheu
• Summary of statements by Minister for Disarmament, 2008-2011
• Analysis of responses received to election questions on landmines and cluster munitions
• Response to 2011 Election questions from National, Labour, and the Greens.

Photo: New Zealand’s Permanent Representative to the Conference on Disarmament Ambassador Dell Higgie (L) with former Minister of Disarmament and Arms Control Hon. GeorginaTe Heuheu at the Convention on Cluster Munitions meeting in Lao PDR, November 2010 (c) Mary Wareham

The US, China, Israel, Russia, and others were attempting to agree to a new Convention on Conventional Weapons (CCW) protocol that would have permit continued use, production, transfer and stockpiling of cluster munitions, a weapon already banned by the 2008 Convention on Cluster Munitions. The proposed law failed to gain consensus during the Fourth CCW Review Conference in Geneva and was defeated.

The Aotearoa New Zealand Cluster Munition Coalition urged New Zealand to oppose the creation of another international law on cluster munitions and protect the ban convention. Together with Austria, Mexico, Norway and 50 other states, New Zealand was one of the good guys that successfully fought the creation of the protocol.

The ANZCMC also outreached to several ban convention signatories and states parties that were attempting to facilitate the creation of the CCW protocol, including Australia. And we encouraged everyone to sign up to an Avaaz petition against the CCW protocol that secured more than 580,000 signatures. We are grateful for your support!

Form more information:

• See the Avaaz petition to protect the ban on cluster bombs
• Read the CMC and ANZCMC letter to New Zealand’s Minister of Foreign Affairs
• Read ANZCMC letters to Australia, Canada, France, Germany, Japan, Netherlands, Sweden, UK
• Read responses from Australia, Canada, Germany, and Sweden
• Join the CMC’s Facebook group: http://www.facebook.com/banclusterbombs
• Follow @banclusterbombs on Twitter
• Check out this Storify on the CCW (below)
• Read ANZCMC press release issued 15 Nov

See the Facebook notice by VicIDS.

Kiribati’s attendance at the Second Meeting of States Parties represented its first-ever participation in a meeting related to the Convention. In a statement to the meeting, Kiribati said that it was considering accession to the Convention and expressed solidarity with the sorrow and suffering of affected states.  Its representative stated that, “Kiribati has never used, produced, transferred, or stockpiled cluster munitions.” Kiribati is affected by unexploded ordnance, particularly Betio and South Tarawa.

Palau, which has signed but not yet ratified the Convention, described the ongoing clearance by Clear Ground Demining of unexploded ordnance from World War II that contaminates the country’s agricultural lands, watershed and marine habitats. Palau noted that it has “worked with the Pacific Island Forum to make certain that the succession of meetings leading to the 2011 Pacific Leaders Meeting addresses unexploded ordnance, its effect to the natural environment and the Conventions.”

In its Communique issued in Auckland on 8 September 2011, the 42nd Pacific Islands Forum (PIF) Leaders Meeting for the first time acknowledged the need for action to counter the threat that unexploded ordnance dating from World War II poses throughout the region:

37. Leaders expressed concern at the continuing existence of unexploded WWII ordnance (UXO) which remains a human security problem for many Members, as well as a threat to public health, safety and the environment. They also recognised that UXO poses a serious obstacle to development. Leaders welcomed the development of the Regional UXO Strategy Framework as a practical approach to addressing the challenges of UXO in the region and called on the assistance of relevant international bodies and development partners in addressing this long neglected issue.

The Solomon Islands did not make a statement to the Second Meeting of States Parties, but in a Pacific side meeting its representative said there has been a internal consultation on joining the Convention on Cluster Munitions and accession was not viewed as difficult as the Solomon Islands is already a party to the 1997 Mine Ban Treaty.

Prior to the Second Meeting of States Parties, the Cook Islands ratified the Convention on Cluster Munitions on 23 August 2011. The Cook Islands also enacted a national law to implement the Convention’s provisions, the Cluster Munitions Act, on 14 July 2011.

The Convention on Cluster Munitions comprehensively prohibits cluster munitions, provides strict deadlines for clearance of areas contaminated by cluster munition remnants and for the destruction of stockpiles, and requires assistance to victims of the weapon. There are four States Parties to the Convention from the Pacific (Cook Islands, Fiji, New Zealand, and Samoa), while three other PIF members have signed the Convention, but not yet ratified (Australia, Nauru, and Palau).  Nine PIF states have yet to join the Convention: Kiribati, the Marshall Islands, Federated States of Micronesia,Niue, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

For more information, see:

• Statement by Palau, 14 Sept. 2011
• Communique of the 42nd Leaders Meeting of the Pacific Islands Forum, 8 Sept. 2011

Afghanistan’s ratification comes just days before the convention’s Second Meeting of States Parties, which is being held in Beirut, Lebanon from 12-16 September. More than 100 governments are expected to attend this important meeting, including New Zealand which has signed and ratified the convention.

Afghan officials and cluster bomb survivors participated in several meetings of the diplomatic Oslo Process that created the convention, including the Wellington Conference held in February 2008. Yet Afghanistan’s signature of the convention on 3 December 2008 came as a surprise as officials had indicated that the government would not be able to join. US Department of State cables made public by Wikileaks this year show how the US sought, without success, to convince Afghanistan not to join the Convention on Cluster Munitions.

Afghanistan acceded to the 1997 Mine Ban Treaty on 11 September 2002.

The coordinator of the Aotearoa New Zealand Cluster Munition Coalition, Mary Wareham, is in Beirut for the Second Meeting of States Parties and available for media interviews on Tel. +961-76-937-478.

Photo: Afghan campaigner Soraj Ghulam Habib, a cluster munition survivor, in Dublin for the negotiations of the Convention on on Cluster Munitions in May 2008. (c) Mary Wareham

For more information, please see:

• Cluster Munition Monitor update on Afghanistan (Aug. 2011)

• HRW report Fatally Flawed: Cluster Bombs and their Use by the United States in Afghanistan (Dec. 2002)
• Second Meeting of States Parties website

Investing in the production of cluster munitions is no longer an ethical or moral issue, but an action that is illegal under New Zealand law and banned by the Convention on Cluster Munitions. The government must rein in financial investors supporting the production of cluster bombs through strong enforcement of the 2009 law banning this weapon.

The Cluster Munitions Prohibition Act 2009 governs New Zealand’s implementation of the 2008 Convention on Cluster Munitions and prohibits the use, production, transfer and stockpiling of the weapon.  The Act also makes it an offence to provide or invest funds “with the intention that the funds be used, or knowing that they are to be used, in the development or production of cluster munitions.”

The ANZCMC has called on the government to undertake measures to ensure that New Zealand investors comply with the Act, including state owned enterprises and crown financial institutions such as the New Zealand Superannuation Fund.  In a letter to the Minister of Finance Minister, Hon. Bill English, and Minister of Disarmament and Arms Control, Hon Georgina Te Heuheu, the ANZCMC has requested that the government:

• Provide clear guidelines to New Zealand financial institutions requiring them to implement a comprehensive policy banning all types of investment and financial services to cluster munition producers;
• Ensure that New Zealand investors effectively screen investments by actively maintaining and sharing a common screening list of companies involved in the production of cluster munitions; and
• Establish an Advisory Council on Ethics that includes civil society representatives, to advise on investment of government funds, including on investment in companies involved in the production of weapons that are prohibited by New Zealand law.

Last Friday, 26 August, the New Zealand Green Party issued a statement reporting that the New Zealand Superannuation Fund (NZS) is being invested in five companies “that have involvement in the production of cluster bombs” namely: GenCorp, Kaman, Saab AB, Tata Power, and Zodiac Aerospace. NZS is the retirement benefit paid to all eligible New Zealanders by the New Zealand Government.

The NZS Guardians disagreed with the Green Party’s research findings and stated, “we are acting in accordance with our Responsible Investment policies and are not in breach of New Zealand’s obligations under the Cluster Munitions Convention.” New Zealand Prime Minister John Key told media the NZS has “agreed morally” … “not to invest in companies which undertake what they believe to be immoral activity like cluster bombs.”

The ANZCMC has received confirmation from IKV Pax Christi Netherlands, co-author of the report Worldwide Investments in Cluster Munitions; a shared responsibility that the five companies named by the Green Party have been excluded by other financial institutions for their alleged involvement in cluster munitions. IKV Pax Christi does not list the five companies as producers in their report due to a lack of information to either confirm or deny these activities, but confirms that these companies do appear on exclusion lists made by overseas financial institutions.

The Convention on Cluster Munitions comprehensively prohibits cluster munitions, provides strict deadlines for clearance of areas contaminated by cluster munition remnants and for the destruction of stockpiles, and requires assistance to victims of the weapon. A total of 108 countries have signed the Convention of which 60 have ratified, and one state has acceded. The Second Meeting of States Parties to the Convention on Cluster Munitions will be held in Beirut, Lebanon on 12-16 September 2011.

For more information, see:

• ANZCMC letter to Hon. Bill English and Hon. Georgina te Heuheu, 2 Sep. 2011
• ANZCMC press release on disinvestment, 2 Sep. 2011
• Full text of the Cluster Munitions Prohibition Act of 2009
• Report on Worldwide Investments in Cluster Munitions (May 2011)
• New Zealand Green Party Statement, 26 Aug. 2011
• Response to Green Party by NZ Superannuation Fund, 26 Aug. 2011

Last Tuesday (23 August), the Cook Islands deposited its instrument of ratification to the 2008 Convention on Cluster Munitions with the United Nations in New York. Prior to its ratification of the Convention, the Cook Islands enacted a national law to implement the Convention’s provisions, making it the second Pacific nation to do so after New Zealand (2009) and the 14^th globally. The Cluster Munitions Act of 2011 was signed into law by Governor-General Sir Fredrick Goodwin on 14 July 2011. It prohibits the use, production, transfer, and stockpiling of cluster munitions and establishes sanctions for violations of up to 10 years imprisonment and/or a fine of $10,000 for an individual, or a fine of $20,000 for a corporation.

The Cook Islands joined the Oslo Process in February 2008 and actively supported efforts to create a strong treaty text during the Dublin negotiations. Minister of Foreign Affairs, Wilkie Rasmussen, signed the Convention on Cluster Munitions in Oslo, Norway on 3 December 2008.  The Cook Islands has stated on several occasions that it does not use, develop, produce, or stockpile cluster munitions.

A total of 109 countries have signed the Convention of which 60 have ratified, and one state has acceded. The Cook Islands is the 61 State Party to the Convention and fourth Pacific Islands Forum (PIF) member to ratify after New Zealand (22 December 2009), Samoa (28 April 2010) and Fiji (28 May 2010).

PIF members Australia, Nauru, and Palau have signed the convention, but not yet ratified.  Australia must enact national implementation legislation before it can ratify, a process that is believed to be nearing completion.  Several Pacific states participated in the Oslo Process, but have not acceded to the convention, including the Marshall Islands, Niue, Papua New Guinea, and Tonga. Domestic processes to approve accession of the convention are believed to be underway in the Solomon Islands and Vanuatu.

Ahead of the PIF annual leaders meeting, the ANZCMC is calling on the leaders of all Pacific nations to lend their support to the international movement to eradicate cluster munitions, an indiscriminate weapon that has caused far too much civilian harm. Participating in the convention’s annual meeting next month as an observer would be a good step towards committing to the ban.

The 42nd Pacific Island Forum meeting is taking place in Auckland, New Zealand from 6-9 September 2011.  The Second Meeting of States Parties to the Convention on Cluster Munitions will be held in Beirut, Lebanon on 12-16 September 2011.

The Convention on Cluster Munitions comprehensively prohibits cluster munitions, provides strict deadlines for clearance of areas contaminated by cluster munition remnants and for the destruction of stockpiles, and requires assistance to victims of the weapon. No PIF states are believed to have used, produced, or stockpiled cluster munitions so for these states, compliance with the Convention requires two relatively simple actions: 1. Domestic measures, such as implementing legislation, to enforce the Convention’s provisions, and 2. Submission of a transparency measures report on measures taken to implement the Convention.

Photo: Cook Islands Foreign Minister Wilkie Rasmussen (R) and Secretary of Foreign Affairs Michael Mitchell (L) with fans from the Cluster Munition Coalition, just after Rasmussen signed the Convention in Oslo in 2008. (c) Jan Lillehamre

For more information, see:

• Download (PDF) ANZCMC press release
• Radio Australia interview with Wareham
• View the list of countries that have joined the Convention
• Take action on Australian legislation #fixthebill
• Statement by CMC international on the Cook Islands ratification

The purpose of the event was three-fold: 1. To celebrate the first anniversary of the 1 August 2010 entry into force of the Convention on Cluster Munitions; 2. To countdown to the Convention’s Second Meeting of States Parties, which will be held in Beirut, Lebanon in September; and 3. To remember the victims of cluster bombs in Lebanon and around the world, as well as the lives lost in Norway last month.

Edwina Hughes of ANZCMC member Peace Movement Aotearoa facilitated the event and welcomed participants.  She acknowledged the diplomatic representatives present from Chile, Egypt, Germany, Iran, Malaysia, Mexico, Pakistan, the Philippines, Samoa, US, and the European Commission. She welcomed the parliamentarians participating from the government and opposition, and Edwina welcomed the representatives of non-governmental organizations and students from Victoria University of Wellington.

Martin de Jong of ANZCMC member Caritas Aotearoa NZ lit a candle of remembrance with three wicks.  As Martin lit each wick he explained that the first was in memory of those killed or maimed by cluster munitions in Lebanon in 2006 and in the period since, the second was to remember all victims of cluster munitions around the world, including in Georgia (2008) and more recently in Cambodia and Libya, and the third wick was lit not for cluster bomb victims, but in memory of those who died or were injured in Oslo and Utøya last month as Norway initiated the Oslo Process that led to the creation of the Convention on Cluster Munitions.

A ten-minute film prepared by the international Cluster Munition Coalition was then screened.  The film, entitled “Putting the cluster bomb treaty into action: The road to Beirut and beyond” provides an excellent introduction to the issue and the Convention’s Second Meeting of States Parties that will be held in Beirut, Lebanon from 12-16 September 2011.

Angela Woodward of VERTIC who is also a member of the Public Advisory Committee on Disarmament and Arms Control (PACDAC) then read a statement on behalf of Lebanon’s Permanent Representative to Australia and New Zealand, Ambassador Jean Daniel, who was unfortunately not able to join the event from Canberra. In the statement, Ambassador Daniel described how Lebanon has been entrusted to preside and host the Convention’s Second Meeting of States Parties, which will focus on progress in implementing the five-year Vientiane Action Plan issued by the First Meeting of States Parties held in Vientiane, Lao PDR in November 2010. He described in chilling detail the impact of cluster munitions in Lebanon and described the weapons as “monstrous and apocalyptic.”

Labour Member of Parliament, Hon. Pete Hodgson, spoke about his work over the past year promoting the Convention on Cluster Munitions at the Inter-Parliamentary Union meetings held in Panama and Geneva. He described the briefings that the New Zealand delegation convened in cooperation with the Cluster Munition Coalition to encourage parliamentarians to take action in getting their countries on board the Convention as well as to complete ratification and national implementation measures such as legislation.

ANZCMC Coordinator Mary Wareham gave a presentation that provided an overview of New Zealand’s role in the Oslo Process and the period since, as well as the current status of the Convention on Cluster Munitions. Mary noted that a total of 109 states have joined the Convention of which 60 have ratified.  These states are making impressive progress in implementing the Convention’s provisions on national legislation, transparency reporting, and stockpile destruction. There have been a couple of serious incidents of use of cluster munitions in 2011 by non-signatories Libya and Thailand. Mary urged everyone to do their part to help ensure that the Convention is fully universalised and it provisions are adhered to.

Member of Parliament John Hayes, who serves as Chair of the Foreign Affairs, Defence, and Trade Select Committee gave apologies on behalf of his colleague, Hon. Georgina te Heuheu, the Minister for Disarmament and Arms Control, who was not able to attend the event. Hayes expressed his pride in the central role played by New Zealand in the Oslo Process as well as his satisfaction in steering the Cluster Munitions Prohibition Act through the Select Committee and Parliament two years ago. He commended the international Cluster Munition Coalition and its active New Zealand coalition for their tireless work in ensuring that the momentum behind the Convention is sustained.

The event was then opened for discussion. Ambassador Leonora Rueda of Mexico expressed her thanks to the New Zealand government and Cluster Munition Coalition for their work in support of the Convention. She noted that there is still a lot of work to be done, including in the Americas, to universalise the Convention and she expressed Mexico’s strong commitment to the ban on cluster munitions.

In closing, Edwina thanks everyone for coming and Martin urged participants to go in peace and carry with them the memories of this event and the victims of cluster munitions as he blew out the wicks on the candle of remembrance.

The ANZCMC acknowledges the apologies received from the diplomatic representatives of Brazil, Canada, Cook Islands, Germany, Greece, Iran, Republic of Korea, The Netherlands, Russia, South Africa, Switzerland, Thailand, Holy See (Apostolic Nuncio), and the UK. We also acknowledges the apologies received from the New Zealand Defence Force, the Department of Internal Affairs, and some ANZCMC member organisations whose representatives were not able to participate.

The ANZCMC would like to thank all the speakers to this event.  We were particularly pleased to begin the event with a reception featuring delicious Lebanese food from Phoenician Falafal and are grateful to the Joy Davis-Payne of ANZCMC member Women’s International League for Peace and Freedom (WILPF) Aotearoa NZ for her kind assistance with the refreshments.

For more information, please see:

• Statement by John Hayes, MP
• Statement by Lebanon’s Ambassador Jean Daniels
• Presentation by Mary Wareham
• Reports on Pete Hodgson, MP’s parliamentary outreach in Panama and Geneva
• Photographs of the event