Andorra
Cluster Munition Ban Policy
Commitment to the Convention on Cluster Munitions
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Convention on Cluster Munitions status |
State Party |
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National implementation legislation |
Has declared that the penal code and existing legislation is sufficient to enforce the convention’s provisions |
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Participation in Convention on Cluster Munitions meetings |
Attended intersessional meetings in Geneva in April 2014, its first-ever participation in a meeting of the convention |
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Key developments |
Became a State Party on 1 October 2013 and provided initial transparency report on 3 July 2014 |
Policy
The Principality of Andorra acceded to the Convention on Cluster Munitions on 9 April 2013 and the convention entered into force for the country on 1 October 2013.
With respect to “penal sanctions to prevent and to repress any activity” forbidden by the convention, the government has declared that “the Principality of Andorra has stipulated in the Qualified Law of the Penal Code, title XIV, the Crimes against Collective Security.”[1] Following a legislative review, Andorra stated in 2012, that “current domestic legislation already complies with the main obligations” of the Convention on Cluster Munitions so “it is not necessary to develop…internal regulations.”[2]
Andorra submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 3 July 2014.[3]
Andorra attended a regional meeting of the Oslo Process that created the Convention on Cluster Munitions (Brussels in October 2007). It did not participate in any meetings of the convention until April 2014, when it attended intersessional meetings in Geneva, but did not make any statements.
Andorra has voted in favor of UN General Assembly (UNGA) resolutions condemning the Syrian government’s use of cluster munitions, 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.”[4]
Andorra has not yet provided its views on certain important issues related to interpretation and implementation of the convention, including the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, the prohibition on investment in production of cluster munitions, and retention of cluster munitions and submunitions for training and development purposes.
Andorra is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Andorra’s initial Article 7 report declares no production facilities or stockpiled cluster munitions and confirms that there are no areas contaminated by cluster munitions in the country.[5] Andorra previously confirmed that it has never used, produced, transferred, or stockpiled cluster munitions.[6]
[1] The Article 7 report states that Chapter 1, Article 262 of the Penal Code “criminalises violations of safety standards posing a specific threat to people” while Chapter 3 Article 265 “penalises the traffic and the stock of war arms” and Article 267 “penalises the traffic and the stockpile of explosive and incendiary devices.” According to the report, “the amended law prohibits the manufacturing, manipulation, transfer, import, export, possession or commercialisation of war supplies, wastes, fireworks and chemicals, dangerous organisms or substances that infringe the security norms and endanger people’ life and health. These acts or their attempts are considered a criminal offence and are penalised.” Convention on Cluster Munitions Article 7 Report, Form A, 3 July 2014.
[2] According to Andorra’s accession package, “from the entry into force of Andorra, the definitions contained therein immediately become part of the internal legal system.” The document notes that a decree dated 3 July 1989 addresses the “possession, use and circulation of arms, prohibits the manufacture, import, circulation, possession, use, sale and advertising of weapons of war. The definition the Decree provides for weapons of war seems large enough to qualify cluster bombs and weapons of war and to contain, implicitly, its prohibition.” In addition, the document states that Article 265 of Andorra’s Penal Code “punishes by imprisonment of four to ten years for manufacturing, development, marketing, transfer or stockpiling of weapons of war and their munitions.” See “Proposal of approval to the accession of the Convention on Cluster Munitions, adopted in Dublin on 30 May 2008,” accession package submitted to the Council General (Consell General) by Andorra’s Head of Government (Cap de Govern del Principat d’Andorra), 25 June 2012.
[3] The initial report covers calendar year 2013.
[4] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Andorra voted in favor of a similar resolution on 15 May 2013.
[5] Andorra stated “Not Applicable” on the relevant forms. Convention on Cluster Munitions Article 7 Report, Forms B, C, D, E, and F, 3 July 2014.
[6] Letter from Xavier Espot Miró, Minister of Foreign Affairs and Institutional Relations to Mary Wareham, Human Rights Watch, 9 March 2011. The June 2012 accession package included a technical report dated March 2012 that confirmed that Andorra does not stockpile cluster munitions and is not contaminated by cluster munition remnants. The technical report was issued by TEDAX (Técnico Especialista en Desactivación de Artefactos Explosivos), which is the explosive ordnance disposal unit of the national police force. See “Proposal of approval to the accession of the Convention on Cluster Munitions, adopted in Dublin on 30 May 2008,” accession package submitted to the Council General (Consell General) by Andorra’s Head of Government (Cap de Govern del Principat d’Andorra), 25 June 2012.