Written answers

Wednesday, 18 June 2008

Department of Foreign Affairs

International Agreements

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 100: To ask the Minister for Foreign Affairs if he will report on the recent convention on cluster munitions in Croke Park; and if he will make a statement on the matter. [23717/08]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 114: To ask the Minister for Foreign Affairs the timescale he envisages for the implementation of the proposals of the recent international conference on cluster munitions held in Dublin. [23521/08]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 100 and 114 together.

The programme for Government of June 2007 committed us to campaign for a complete ban on the use of cluster munitions and to seek agreement on an immediate freeze on their use pending the establishment of effective international instruments to address humanitarian concerns. In implementation of this commitment, Ireland hosted and chaired a Diplomatic Conference in Croke Park from 19-30 May 2008 to negotiate a treaty to prohibit the use, production, transfer and stockpiling of cluster munitions that cause unacceptable harm to civilians. On 30 May, over 100 States adopted a Convention on Cluster Munitions, which effectively bans all cluster munitions which have ever been used and provides ground-breaking provisions for victim assistance and clearance of contaminated areas. It represents a major advance in international humanitarian law.

The heart of the Convention is an immediate and unconditional ban on all cluster munitions which cause unacceptable harm to civilians. Each State Party undertakes never in any circumstances to use, develop, produce, acquire, stockpile, retain or transfer cluster munitions, or to assist another party in doing so. By adopting a wide and encompassing definition, the Convention effectively prohibits all cluster munitions that have ever been used in armed conflict. It does not provide for any exceptions, with all weapons banned that have the effect and characteristics of cluster munitions and that cause unacceptable harm to civilians. It was also a very important achievement that the Convention provides for no transition periods during which the cluster weapons outlawed could still be used. In addition, States who sign up to the Convention will undertake to ensure the destruction of all their cluster munitions within 8 years, with short extensions possible in case of difficulty. Areas containing cluster munition remnants must be cleared within 10 years.

I am very pleased that the language in the new Convention on victim rights and assistance is the most advanced on these issues ever included in an international instrument.

The maintenance of commitments to military alliances and joint military activities with States which do not sign up to the Convention was a particular concern to a number of States participating in the Conference. While Ireland, as a significant contributor to UN-mandated peace keeping operations, understood the concerns of these States, we were careful to develop a Convention which deals with this issue in a satisfactory way while committing all States to end the use of cluster munitions and to work actively towards universal acceptance of a ban on these weapons.

The budget allocation for the Conference was €2,700,000, which included provision for the running of the conference, participation by civil society and sponsorship through UNDP to enable delegates from developing countries to participate. This ensured that the negotiations were representative and inclusive. While figures for total expenditure are not yet available, I expect this to be within budget.

The Convention will be opened for signature in Oslo in December 2008 and will enter into force on the first day of the sixth month after the month in which the thirtieth instrument of ratification, acceptance, approval or accession has been deposited. It is not possible at this time to anticipate how long this process may take. Before Ireland can ratify the new Convention it will be necessary to enact implementing legislation to make provision for the obligations we will assume under it, and most States will have to do likewise.

Ireland expects to be in a position to sign and ratify the Convention in December as a further demonstration of the Government's continuing and strong support for this important new instrument of international humanitarian law. The Government will work to ensure its full implementation at the earliest possible date, and the greatest possible number of accessions to the Convention.

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