Commitment to the Convention on Cluster Munitions

Policy

The Kingdom of Denmark signed the Convention on Cluster Munitions in Oslo on 3 December 2008. Parliament approved ratification of the convention on 17 December 2009.[1] Denmark deposited its instrument of ratification with the UN on 12 February 2010.[2] It was the 28^th signatory to do so, and thus was among the first 30 ratifications, triggering entry into force of the convention on 1 August 2010.

The Parliamentary motion approving ratification states that the convention’s provisions can be upheld without changes to existing Danish laws, and that penal sanctions for violations of the convention are imposed under its Military Penal Code.[3]

Denmark continued to engage in the work of the convention in 2009 and 2010. It attended the Berlin Conference on the Destruction of Cluster Munitions in June 2009, where it provided an update on its ratification process and assured states that it will destroy its stocks in a timely fashion.[4] It also participated in the International Conference on the Convention on Cluster Munitions in Santiago, Chile in June 2010.

Denmark participated from the beginning in the Oslo Process that produced the convention. Initially, it did not support a comprehensive prohibition on cluster munitions and consistently expressed strong reservations about the process and the convention text. However, Denmark’s position shifted significantly from 2006 to 2008, and it adopted the convention at the conclusion of the negotiations in Dublin in May 2008.[5] Denmark’s rapid ratification of the convention is demonstrative of the considerable change in Danish policy on cluster munitions.

Interpretive issues

Denmark has yet to make known its views on several issues important to the interpretation and implementation of the convention, including the prohibition on transit and the prohibition on foreign stockpiling of cluster munitions.

Denmark’s ratification instrument provides the following statement on the prohibition on assistance with prohibited acts during joint military operations: “Article 21 contains a significant provision for States Parties to be allowed to cooperate with states not party to the Convention (interoperability). Regardless of the broad wording of the ban in Article 1, States Parties may continue to participate in military cooperation and operations with States not party to the Convention. However, this access is not unlimited, as a State Party is never allowed to develop or acquire cluster munitions or explicitly request support in the form of cluster munitions in a situation where the State Party has an exclusive control over the choice of the ammunition.”[6]  

Disinvestment

For several years Danish NGOs have been calling for Danish financial institutions to stop investing in companies that produce cluster munitions. According to a December 2009 report, of the ten largest Danish pension funds and ten largest Danish banks, only one had maintained its investments in cluster munitions, while another was still in the process of selling off its shares in cluster munition producing companies.[7]

On 14 April 2009, the opposition Socialist People’s Party submitted a motion calling for a ban on investments in companies involved in the production of cluster munitions. The motion was referred to the Defense Committee, which produced a report in October 2009 stating that, under the terms of the convention, it would be prohibited under certain specified circumstances for the Danish government and municipalities to invest in companies producing cluster munitions.[8]

On 11 January 2010, the Ministry of Economic and Business Affairs reported that it considered mandatory regulation of investment to be counterproductive as it could limit voluntary engagement by investors. It stated that a ban on investment in cluster munitions producers could affect the ability of Danish companies to follow UN Principles for Responsible Investment and active ownership. It raised concerns about difficulties in determining an objective and exhaustive list of producers, in light of the likelihood of cluster munitions being produced by large companies that deal with other types of production activities.[9]

On 13 January 2010, during a parliamentary debate, the Danish government stated its opposition to a prohibition on investment in cluster munition producing companies.[10] It said that the Ministry of Economic and Business Affairs was preparing a non-mandatory set of guidelines on responsible investment, which is expected to be published by summer 2010.[11] An inter-ministerial working group has been established to work on the issue.[12]

Convention on Conventional Weapons

Denmark is party to the Convention on Conventional Weapons (CCW) and its Protocol V on explosive remnants of war. In 2010, Danish officials stated that Denmark will continue to support the CCW process to develop and adopt a protocol on cluster munitions, in order to reach an agreement that could bring on board major producers who have not so far joined the Convention on Cluster Munitions. The officials expressed some uncertainty as to the compatibility between standards under the Convention on Cluster Munitions and those which could be agreed in a CCW protocol.[13]

In the past, Denmark has been a staunch supporter of CCW work on cluster munitions, and served as the chair of the deliberations in 2008. The motion approving ratification of the Convention on Cluster Munitions noted, “Negotiations within the UN in the CCW are distinguished by the fact that even the big stockpiling and producing countries (like USA, Russia, China, India, Pakistan, Israel, South Korea and others) participate. These countries are believed to have around 90% of world stocks of cluster munitions, which however are not covered by the Oslo Convention [Convention on Cluster Munitions]. This group of countries has categorically rejected such a stringent regulation as imposed by the Oslo Convention, and did not participate in its negotiation. These countries have also indicated that they do not in the future intend to join the Convention. The practical effect of this convention is thus weakened by the fact that the most important countries—in terms of production and use of cluster weapons—are not and cannot be expected to become parties to the Oslo Convention.”^[14]

Use, production, transfer, and stockpiling

Denmark is not known to have used, produced, or exported cluster munitions.

Denmark has reported that its stockpile of cluster munitions consists of approximately 27,000 DM642 artillery projectiles, each containing 63 dual purpose improved conventional munition (DPICM) submunitions; approximately 15,000 DM662 Base Bleed (extended range) artillery projectiles, each containing 49 DPICM submunitions; approximately 20 MK20 Rockeye cluster bombs; and approximately 300 M726 cluster munitions.[15]

Denmark estimated that destruction of the DM642 and DM662 cluster munitions would cost approximately DKK5,000–6,000 (US$933–1,120) per munition, or approximately DKK210 million–250 million ($39.2 million–46.7 million) total. It estimated it would cost approximately DKK15 million ($2.8 million) to destroy “all manufactured parts” for Multiple Launch Rocket System cluster munitions.[16] Some or all of the Rockeyes will be retained for training purposes.[17]

Denmark’s 2010–2014 Defence Agreement, dated June 2009, states that destruction will begin “when the preconditions for such destruction are fulfilled,” and not before 2014. It notes that the cost of destruction is expected to fall over time as the international market evolves.[18]

The 2010–2014 Defence Agreement stated that cluster munitions for artillery and rocket launchers had been removed from operational use.[19] In 2005, the Ministry of Defense stated, “No [air-dropped] cluster bombs…are in service with the Danish Armed Forces” and “no ground-launched cluster munitions is currently in service with the Danish Armed Forces.” It said that Denmark had retired its inventory of US-produced Rockeye cluster bombs,[20] while retaining a small number for training of explosive ordnance disposal personnel. It also said it had removed from service 155mm Improved Conventional Munitions (ICM) and ICM Base Bleed (extended range) artillery projectiles with submunitions.[21] Denmark later said it had decided to take its DM662 artillery cluster munitions out of service and destroy them because of tests showing them to be highly unreliable.[22]

Retention

Denmark stated in its ratification document that it will retain “some” cluster munitions for the purposes of training demining personnel, and specifically that some Rockeye cluster bombs will be retained.[23] In March 2010, Ministry of Defense officials said that Denmark was determining which other munitions might be retained, but noted that the amount should be comparable to the number of Rockeye cluster bombs retained.[24]

Contamination and Impact

Mines

Denmark is affected by antipersonnel mines left from World War II. In 1944, the entire Skallingen Peninsula in Jutland on the Danish west coast was mined with antipersonnel and antitank mines.^[1] One minefield remains on the peninsula. In 1945–1947, large parts of the minefield were cleared, but due to significant difficulties with the clearance and quality control of mainly dune and salt marsh areas, a part of the mined area was fenced and left uncleared.^[2]

The affected area of the Skallingen Peninsula, as of entry into force of the Mine Ban Treaty for Denmark on 1 March 1999, comprised a total of 1.86km², initially identified from German mine records as well as markings established by mine clearance teams in 1947. For operational purposes the suspected mined area was divided into three areas: 1, 2, and 3. The first two areas were cleared by contractors in 2006–2008, leaving Area 3 to be demined.^[3]

As a result of these demining operations, the suspected hazardous area of Area 3 was 1.2km² as of November 2008. Subsequent “terrain analysis” resulted in the size of the suspected area rising slightly to 1.246km² as of May 2009.^[4] In November 2009, Denmark announced that all wooden and fragmentation mines in areas frequently flooded in Area 3 had been rendered inoperable as a result of chemical reactions in the detonators caused by salty water.^[5]

No incidents from mines on Skallingen have been reported since 1946. No casualties were reported in the clearance operations in 2006–2008. The entire area—almost 3km²—was surrounded by a new fence in 2005.^[6] The socio-economic impact of the remaining minefield on Skallingen is said to be insignificant.^[7] Denmark has stated that, “Although tourists cannot walk to the south end of Skallingen, small boats from Esbjerg cannot land there and hunters cannot hunt in the area concerned, none of this has any economic implication on the local community.”^[8] According to Denmark, the environmental impact of the minefield is mainly positive due to restricted human access, although mine clearance will have some temporary negative impact on the environment, especially for the rare birds that have colonized the peninsula.^[9] The salt meadows are said to still show signs and scars of the mine clearance carried out in the 1940s.^[10]

Cluster munition remnants and other explosive remnants of war

There are no cluster munitions remnants on the Skallingen peninsula and there are believed to be few items of UXO remaining.

Mine Action Program

The Ministry of Transport is responsible for clearance activities on Skallingen. The project is organized under the Danish Coastal Authority, which has the power to task and coordinate civil contractors and manage projects.^[11]

Land Release

No land release took place in 2009 and no antipersonnel mines were reported to have been destroyed.^[12] So-called terrain analysis resulted in the size of the suspected area rising slightly from 1.2km² as of November 2008 to 1.246km² as of May 2009.^[13]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty and in accordance with its 2008 extension request, which was granted by the Ninth Meeting of States Parties in November 2008, Denmark is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 January 2011. At the Second Review Conference, Denmark said it remained “fully committed” to complying with all its obligations under Article 5.^[14]

In March 2008, Denmark presented a first request for an extension to its Article 5 deadline,^[15] but did not specify the period it was seeking, a treaty requirement. Denmark subsequently presented a revised request seeking an initial extension of 22 months until 1 January 2011.^[16] This period was intended to be used primarily to determine the time needed to complete clearance operations. In October 2008, Denmark declared its plan to submit an additional extension request in mid-2010 for consideration at the Tenth Meeting of States Parties.^[17]

In May 2009, Denmark announced that the next steps in the demining of Area 3 were the conduct of an Environmental Impact Assessment, the specification of clearance standards and methods, and the development of a clearance plan. As the area “is designated as a specially protected nature and wildlife area under both the Ramsar Convention on Wetlands and the European Union’s Birds and Habitats Directives,” Denmark stated that, “… a public consultation process of relevant interested parties has to be carried out.”^[18] Previously, Denmark had claimed that it might be impossible to demine the salt meadows without causing serious deterioration, which “is probably not compatible with the rules of the Habitats Directive and RAMSAR Convention.”^[19]

In November 2009, Denmark announced that DKK114 million (approximately US$21.3 million) had been jointly allocated for clearance on Skallingen and underwater demining in 2010–2011.^[20] At the Second Review Conference of the Mine Ban Treaty, Denmark stated that it had recently issued a commercial tender note, with demining of the remaining area expected to commence in July 2010.^[21] The project manager within the Danish Coastal Authority expected that clearance operations would take up to two years, although this was subject to addressing the relevant environmental considerations and finding a contractor who could conduct the necessary work within the available budget.^[22]

On 18 June 2010, Denmark submitted a second extension request, seeking an additional 18 months through July 2012 to enable it to complete mine clearance operations.^[23] On 22 June 2010, in its presentation of the request to the Standing Committee on Mine Clearance, Denmark stated that a clearance contractor had been identified in a competitive tender process in May 2010 and that mine clearance would commence by 1 July. It further stated that the contractor had been “given until the end of 2011 to complete the clearance. We have then added a six months buffer-period to allow weather-caused delays as well as to complete quality control of the area. Consequentially, Denmark will be able to release the area at latest by 1 of July 2012.”^[24]

Quality management

Denmark has developed standards for clearance on Skallingen based on the International Mine Action Standards (IMAS). Denmark stated that prior to the clearance of Area 3, its standards would be “reviewed and reformulated so they address the situation in the new area of operation while remaining IMAS compliant.”^[25]

Clearance operations are also subject to an “extensive quality management system,” which includes samples of cleared areas as a final quality control.^[26]

National

In 2009 the Ministry of Transport expended DKK3,660,623^[1] (US$683,292)^[2] for mine clearance operations in Skallingen. Denmark has committed DKK98,000,000 ($18,292,680)^[3] for 2010–2012 to complete Phase 3 of the plan to clear Skallingen of all mines.^[4]

International

In 2009 Denmark contributed DKK59,890,000 (US$11,179,067) to seven countries, as well as to international organizations and NGOs, for clearance and advocacy. This represents a 24% decrease (DKK14,710,000/$3,480,000) from 2008 and it represents Denmark’s lowest contribution (in DKK terms) since 1999.^[5] Denmark directed 90% of its contributions to clearance, with most of the contributions going to the Danish Demining Group and DanChurchAid.

Contributions by recipient: 2009

Contributions by thematic sector: 2009

Summary of contributions: 2005–2009^[6]

N/A = not applicable