Palau

Last Updated: 02 November 2011

Mine Ban Policy

Commitment to the Mine Ban Treaty

Mine Ban Treaty status

State Party

National implementation measures

Legislation introduced in Senate in August 2008

Transparency reporting

2010

 Policy

The Republic of Palau acceded to the Mine Ban Treaty on 18 November 2007, becoming a State Party on 1 May 2008.

Draft implementing legislation—the Anti-Personnel Mine Prohibition Act of 2008 (SB No. 7-270)—was introduced into the Senate on 20 August 2008 by Senator Caleb Otto.[1] After passing its first reading, the bill was referred to the Senate Committee on Judiciary and Governmental Affairs, where it is apparently still under consideration.

Palau submitted an initial Mine Ban Treaty Article 7 report in 2008, and updated reports in December 2009 and 2011 (for 2010).

Palau participated in the Tenth Meeting of States Parties to the Mine Ban Treaty in Geneva in November–December 2010, where it expressed appreciation for the support it has received from the Mine Ban Treaty’s Implementation Support Unit.[2] Palau did not attend the intersessional Standing Committee meetings held in Geneva in June 2011.

In its Article 7 report covering the calendar year 2010, Palau said that it supports universalization of the Mine Ban Treaty in the Pacific region and participated in a Pacific Island Forum unexploded ordnance scoping mission to assess and recommend actions on unexploded war remnants.[3]

In its initial Article 7 report, Palau stated that it does not possess antipersonnel mine stockpiles, has never produced the weapon, and has no mined areas.[4] Palau has said on several occasions that it does not produce or stockpile antipersonnel mines.[5]

A United States (US) Department of State cable made public by Wikileaks in August 2011 provides US views on Palau’s interpretation of the Mine Ban Treaty.[6] According to the September 2009 cable from Secretary of State Hillary Clinton, Palau ratified the Mine Ban Treaty “after a long series of consultations with the United States” and after the government of Palau had reportedly “determined that the Ottawa Convention did not conflict with the Compact of Free Association because the GOP [government of Palau] would not be in control of any area in which the United States might use landmines in the defense of Palau under the terms of the Compact.” Also, according to the US, Palau “stated that it would not enact its implementing legislation extraterritorially and therefore it would not apply to Palauan citizens serving in the U.S. armed forces.”

Palau is not party to the Convention on Conventional Weapons.

In its Article 7 report for 2010, Palau for the first time listed areas where Japanese antipersonnel and antivehicle mines dating from World War II have been cleared.[7] It stated that “No known or suspected AP Landmines [antipersonnel mines] emplacements exist, although as mentioned above the AP Landmines are sometimes encountered in the cave systems and are remains of Japanese stockpiles from World War 2.”[8]

 



[1] Mine Ban Treaty Article 7 Report (for the period 1 May 2008 to 15 September 2008), Form A.

[2] Statement of Palau, Tenth Meeting of States Parties, Mine Ban Treaty, Geneva, 3 December 2010. Notes by Action on Armed Violence.

[3] Mine Ban Treaty Article 7 Report (for the period January 2010 to December 2010), Form J.

[4] Mine Ban Tretay Article 7 Report (for the period 1 May 2008 to 15 September 2008), Forms B, C, and E.

[5] See for example, statement of Palau, Eighth Meeting of States Parties, Mine Ban Treaty, Dead Sea, 18 November 2007; and statement of Palau, Standing Committee on the General Status and Operation of the Convention, Mine Ban Treaty, Geneva, 23 April 2007.

[6] “Concerns on Marshall Islands Ratification of the Ottawa Convention,” US Department of State cable 09STATE91952 dated 3 September 2009, released by Wikileaks on 26 August 2011, www.cablegatesearch.net.

[7] Mine Ban Treaty Article 7 Report (for the period January 2010 to December 2010), Form A.

[8] Mine Ban Treaty Article 7 Report (for the period January 2010 to December 2010), Form I.


Last Updated: 23 August 2014

Cluster Munition Ban Policy

Policy

The Republic of Palau signed the Convention on Cluster Munitions on 3 December 2008.

Palau is working to ratify the convention and also enact national implementation legislation.[1] National elections held in November 2012 resulted in a new government and the Ministry of State informed the CMC in June 2013 that there was a need to renew the dialogue on ratification with the new executive and congress.[2] President Remengesau issued Executive Order 335 in June 2013 formally establishing an UXO [unexploded ordnance] Advisory Committee to manage all clearance activities, including progress towards ratification of relevant international instruments.[3]

Palau provided a voluntary Article 7 report for the Convention on Cluster Munitions on 27 June 2011, covering calendar year 2010.

Palau joined the Oslo Process in February 2008 and played an active role in the Dublin negotiations.[4] Palau has continued to engage in the work of the Convention on Cluster Munitions since 2008, participating in every Meeting of States Parties, including the convention’s Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Palau attended the convention’s intersessional meetings in Geneva once, in April 2013.

In October 2012, Palau hosted a regional meeting on implementation of the Pacific Islands Forum Unexploded Ordnance (UXO) Strategy in Koror. Palau attended a regional workshop on explosive remnants of war (ERW) in Brisbane, Australia in June 2013.[5] In November 2013, Palau worked with the Geneva International Center for Humanitarian Demining (GICHD) to hold another workshop on explosive remnants of war.

Palau has voted in favor of UN General Assembly (UNGA) resolutions condemning the Syrian government’s cluster munition use, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at Syria’s “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[6]

Palau is a State Party to the Mine Ban Treaty.

Use, production, transfer, and stockpiling

Palau has declared that it does not possess a stockpile of cluster munitions, does not have production facilities, and has not retained any cluster munitions for training and research purposes.[7]

 



[1] Interview with Eunice Akwio, Director, Bureau of Domestic Affairs, Ministry of State, Koror, 27 November 2012.

[2] Response to CMC Questionnaire, June 2013.

[3] The group includes clearance NGO Cleared Ground Demining. Statement of Palau, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.

[4] For more details on Palau’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 140–141.

[5] The Pacific Regional ERW Workshop was jointly hosted by the Pacific Islands Forum Secretariat and ICBL-CMC member SafeGround (formerly the Australian Network to Ban Landmines and Cluster Munitions) with the support of AusAID. Draft Outcomes Statement, Pacific Regional ERW Workshop, 27–28 June 2013. Provided to the Monitor by Loral Thompson, National Coordinator, SafeGround, 30 March 2014.

[6]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Palau voted in favor of a similar resolution on 15 May 2013.


Last Updated: 02 November 2012

Mine Action

Contamination and Impact

Mines

In 2011, Palau stated for the first time in its Mine Ban Treaty Article 7 report that it had mined areas on its territory. Contamination included antivehicle and antipersonnel mines as well as sea mines, all of Japanese origin.[1] In its earlier Article 7 reports, Palau had declared no known or suspected mined areas.[2] In its Article 7 report submitted in 2012, Palau reported that clearance had been completed of all antipersonnel mines at Peleliu in the Umubrogol mountains and in Death Valley in Ngeremlengui. These were the only two areas confirmed to contain antipersonnel mines. Areas suspected to contain antipersonnel mines in caves at Bloody Nose Ridge in the Umubrogol mountains still remain to be cleared.[3]

According to the British NGO Cleared Ground Demining (CGD), however, none of the mined areas contained emplaced antipersonnel mines; contamination was only of abandoned stockpiled mines.[4] In December 2011, in its statement to the Eleventh Meeting of States Parties, Palau stated that it was not “obligated under the AP Convention to destroy emplaced antipersonnel mines because it never produced, stockpiled, used, nor transported them.”[5]

Cluster munition remnants

It is not known to what extent Palau is contaminated with cluster munition remnants. In May 2010, CGD identified and cleared an M41A1 bomb from the Jellyfish Lake tourist path.[6] The use of an AN-M1A1 cluster adaptor enabled eight M41A1 fragmentation bombs to be deployed at the same time, making the weapon similar to modern-day cluster munitions. Two unexploded submunitions were found in 2011.[7] In its voluntary Article 7 report for the Convention on Cluster Munitions, Palau reported the presence of one AN-M41A1 fragmentation bomb at Jellyfish Lake and a second at Koror. Clearance has been incorporated into national explosive remnants of war (ERW) clearance programs.[8] It is not known if these devices have already been destroyed.

Other explosive remnants of war

In November 2005, Palau told States Parties to the Mine Ban Treaty that unexploded ordnance (UXO) left over from World War II is still found on many of Palau’s 200 islands.[9] An estimated total of 2,800 tons (2.8 million kg) of ordnance was dropped or fired on Palau.[10]

CGD conducted a community survey on Peleliu Island in late 2009 which found that more than one-quarter of households or community infrastructure had ERW contamination.[11] Local inhabitants are exposed to ERW while hunting, fishing, collecting shellfish, and engaging in agricultural activities.[12] A follow-up survey of all households in Peleliu state and Angaur state was conducted in 2010, which led to further reports of contamination in agricultural areas, including taro fields and banana plantations, as well in traditional food gathering areas where the population collects land crabs and hunts fruit bats for food.[13]

Mine Action Program

Palau has been seeking to establish a mine action program to address its mine/ERW contamination. On 15 September 2009, CGD formally launched a UXO clearance operation in Palau on the 65th anniversary of the Battle of Peleliu, the scene of one of the fiercest battles of the South Pacific campaign in World War II.[14] The government has set up a National Mine Action Working Group with representatives from relevant ministries and national agencies. It was in the process of drafting a national plan as of the beginning of August 2011.[15]

If sufficient funding can be secured, CGD believes that Palau could be cleared of its ERW within three to five years.[16]

Land Release

Mine clearance in 2011

Although Palau reported that two suspected mined areas have been cleared of mines, no details of the clearance were provided in its latest Article 7 report.

Compliance with Article 5

Under Article 5 of the Mine Ban Treaty, Palau is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 May 2018. Based on available information, it is not believed that Palau has mined areas containing antipersonnel mines, but rather abandoned stockpiles. These should therefore be destroyed in accordance with the obligations under Article 4 of the Mine Ban Treaty. There is a residual risk of antipersonnel mine contamination, however.

Battle area clearance and explosive ordnance disposal in 2011

Battle area clearance (BAC) and explosive ordnance disposal (EOD) operations by CGD in 2011 together accounted for the destruction of 1,698 items of explosive ordnance.[17]

Risk Education

In 2011, CGD conducted a national media campaign and provided risk education (RE) to all schools in Koror state (3,000 children). RE was also conducted in the schools of all 10 States of Babeledaob (575 children).[18]

 



[1] Mine Ban Treaty Article 7 Report (for calendar year 2010), Form C.

[2] Article 7 Report (for the period 1 January to 15 September 2008), Form C; and Article 7 Report (for the period 16 September 2008 to 16 September 2009), Form C.

[3] Article 7 Report (for calendar year 2011), Form C.

[4] Email from Cassandra McKeown, Finance Director, CGD, 18 July 2011.

[5] Statement of Palau, Eleventh Meeting of States Parties, Phnom Penh, 1 December 2011.

[6] Document provided to the Monitor by email from Cassandra McKeown, CGD, 19 May 2010.

[7] Email from Cassandra McKeown, CGD, 18 July 2011.

[8] Convention on Cluster Munitions Voluntary Article 7 Report (for calendar year 2010), Form F.

[9] Statement of Palau, Sixth Meeting of States Parties, Zagreb, 29 November 2005.

[10] US military statistics included in the document provided to the Monitor by email from Cassandra McKeown, CGD, 19 May 2010.

[11] Document provided to the Monitor by email from Cassandra McKeown, CGD, 19 May 2010; and CGD, “Republic of Palau Project,” www.clearedground.org.  

[12] Document provided to the Monitor by email from Cassandra McKeown, CGD, 19 May 2010.

[13] Email from Cassandra McKeown, CGD, 18 July 2011.

[14] Maripet L. Poso, “Team removes WWII ordnance in Palau,” Palau Horizon, 3 May 2010, www.eastwestcenter.org/pacific-islands-development-program/about-pidph; and Bernadette H. Carreon, “Clearance of landmines, UXO starts in Peleliu,” Palau Horizon, 7 October 2009, www.mvariety.com.

[15] Email from Cassandra McKeown, CGD, 1 August 2011.

[16] Ibid., 14 June 2010.

[17] Email from Cassandra McKeown, CGD, 26 September 2012.

[18] Ibid. See also Mine Ban Treaty Article 7 Report (for calendar year 2011), Form C.


Last Updated: 22 November 2013

Support for Mine Action

The Republic of Palau has a problem of unexploded ordnance and abandoned mine stockpiles dating from World War II. Many of the remnants are either unexploded or partially exploded. They are present both on land and underwater, thus posing a serious threat to the population, tourists, and the environment.[1] In 2012, five donors contributed US$2,649,013 to clear the mines. This was a major increase from $240,914 in 2011.[2]

Cleared Ground Demining (CGD) is the recipient of the funds for Palau, with the exception of Japanese funding that is allocated through the Japan Mine Action Service. The funding is used to train Palauan teams to conduct battle area clearance, explosive ordnance disposal spot tasks, and risk education. In addition, funding is also employed to support the clearance of suspected hazardous areas that are located adjacent to Peleliu’s power plant and railway system, as well as in underwater areas.[3]

International contributions: 2012[4]

Donor

Sector

Amount (national currency)

Amount

($)

Australia

Clearance

A$1,350,544

1,399,029

Japan

Clearance

¥59,855,980

749,887

Germany

Clearance

€136,633

175,696

Canada

Clearance

C$174,314

174,401

United States (US)

Clearance

$150,000

150,000

Total

 

 

2,649,013

Summary of international contributions: 2009–2012[5]

Year

Donors

Contributions ($)

2012

Australia, Canada, Germany, Japan, US

2,649,013

2011

Canada, Germany

240,914

2010

Canada, Germany

190,400

2009

US

85,000

Total

 

3,165,327

 

 



[1] German Embassy, Philippines, “German funded initiatives in Palau,” 14 May 2012.

[2] Australia, Convention on Conventional Weapons (CCW), Amended Protocol II, Form B, 28 March 2013;

Canada, Mine Ban Treaty Article 7 Report, Form J, 30 April 2013; Germany, CCW, Amended Protocol II, Form B, 22 March 2013; Japan, CCW, Amended Protocol II, 28 March 2013; United States (US) Department of State, “To Walk the Earth in Safety 2013,” Washington DC, August 2013.

[3] Ida Torres, “Japanese experts to remove WWII bombs in Palau,” 6 March 2013; David P. Hardison, “Seventy Years Later, a Different Kind of Island Hopping,” Program Assistant for South East Europe and South East Asia and the Pacific, US Department of State, Office of Weapons Abatement and Removal, 5 September 2013; German Embassy, Philippines, “German funded initiatives in Palau,” 14 May 2012; and CDG, “Republic of Palau Project,” accessed 8 September 2013.

[4] Average exchange rate for 2012: A$1=US$1.0359; ¥79.82=US$1; C$0.9995=US$1; €1=US$1.2859. US Federal Reserve, “List of Exchange Rates (Annual),” 3 January 2013.

[5] ICBL-CMC, “Country Profile: Palau: Support for Mine Action,” 10 September 2012.