10 May 2012
CMC urges Canada not to buckle to U.S. pressure and to re-draft dangerous cluster bomb law
Canada becomes one of the first countries to join the cluster bomb ban by signing the Convention on Cluster Munitions in 2008. This new law, if adopted, will undermine their pledge to stop the harm this weapon causes. London, 10 May 2012): A Canadian bill under Senate review would allow Canadian forces to assist others with the use of cluster munitions banned by international law. In certain circumstances, Canadian forces could even use the weapons themselves. The Cluster Munition Coalition (CMC) today harshly criticized the proposed legislation and urged Canada to re-draft it."Canada cannot claim to have banned cluster bombs when it proposes to allow its military to help others use the weapons, and even leaves open the possibility of Canadian forces using them," said Laura Cheeseman, Director of the CMC."These weapons are outlawed because of their indiscriminate effects and devastating consequences for civilians. Canada appears to be buckling under the pressure of the United States, which has not yet joined the ban treaty, at the cost of people’s lives," Cheeseman added.Canada committed to a comprehensive ban on cluster munitions when it signed the international Convention on Cluster Munitions in 2008. Under domestic rules, it must pass implementation legislation such as the proposed bill before ratifying the convention. A total of 111 countries have joined the ban convention, of which 71 have ratified and are full States Parties.The CMC condemned the draft bill as failing to faithfully implement the Convention and said it is the weakest put forward by those who have joined the Convention."Canada cannot claim to have banned cluster bombs when it proposes to allow its military to help others use the weapons, and even leaves open the possibility of Canadian forces using them," said Laura Cheeseman, Director of the CMC."These weapons are outlawed because of their indiscriminate effects and devastating consequences for civilians. Canada appears to be buckling under the pressure of the United States, which has not yet joined the ban treaty, at the cost of people’s lives," Cheeseman added.After four years of contentious inter-agency discussions, Bill S-10, An Act to implement the Convention on Cluster Munitions, was sent to the Parliament by the Harper government in late April. Canada’s chief negotiator for the convention in 2007-2008, Earl Turcotte, resigned in protest last year over the weak provisions of the draft bill as it was being developed.If adopted, the proposed legislation would allow:• Canadian commanders of multinational forces to authorize military units from states outside the convention to use, acquire, possess, import or export cluster munitions;• Canadian military personnel to use, acquire, possess or move cluster munitions while on secondment to states outside the convention;• Canadian Forces to transport on Canadian carriers cluster munitions belonging to states not party to the convention.Many States Parties have expressed the view that while the Convention on Cluster Munitions allows military personnel from States Parties to engage in joint operations with states not party to the convention, such personnel cannot offer any form of assistance with acts prohibited by the convention.States Parties such as New Zealand and Norway have adopted national laws that allow their militaries to participate in joint operations with states outside the convention, while preserving the convention's prohibitions.In addition, the Canadian bill does not explicitly prohibit transit of cluster munitions through Canadian territory, does not prohibit other countries from stockpiling cluster munitions in Canada, and does not prohibit investment in cluster munition production.States Parties such as Austria and Germany have laws that explicitly ban transit of the weapons. Belgium, Ireland, Luxembourg, New Zealand, and, most recently, Italy, all prohibit certain forms of financial investment in cluster bombs in their national legislation."The draft bill needs major revisions so that it does not contradict Canada’s obligations under the Convention on Cluster Munitions," said Paul Hannon, Executive Director of Mines Action Canada (MAC), a key member of the Cluster Munition Coalition.MAC yesterday launched an on-line petition asking for revision of Bill S-10 making it clear that no Canadian should ever be involved in the use of cluster munitions for any reason, anywhere, at any time.To view the draft Canadian legislation in full please click hereTo join the hundreds of people who have signed Mines Action Canada’s petition please click here
