Argentina
Cluster Munition Ban Policy
Policy
The Republic of Argentina has not acceded to the Convention on Cluster Munitions.
During a regional workshop on cluster munitions in Santiago, Chile in December 2013, a representative from Argentina said the concerns raised by Argentina during the 2008 negotiation of the Convention on Cluster Munitions have not dissipated and there has been no change in the government’s position on joining.[1]
Argentina actively participated in the Oslo Process and joined in the consensus adoption of the Convention on Cluster Munitions at the conclusion of the negotiations in Dublin on 30 May 2008, but was absent from the Oslo Signing Conference in December 2008.[2] Officials cite two provisions in the convention that Argentina opposed during the negotiations as among the reasons for being hesitant to join. The first provision that it opposed excludes from the ban those munitions that contain submunitions but may not have the same negative humanitarian effects as cluster munitions.[3] The second provision it opposed is Article 21, which was designed to facilitate “interoperability” (joint military operations with states not party). Argentina continues to view these provisions of the Convention on Cluster Munitions as potential loopholes for ongoing use of cluster munitions.[4]
At the beginning of the Oslo Process, Argentina supported technical solutions to the cluster munition problem, noting that it was developing a new generation of cluster munitions with low failure rates.[5] It supported a definition that would exempt cluster munitions with submunitions that have self-destruct mechanisms.[6] This position evolved into support of a broad definition prohibiting all cluster munitions, and a total ban without exceptions.[7]
Argentine officials have stressed that the government is “firmly opposed” to the use, transfer, and production of cluster munitions,[8] and supportive of a ban on cluster munitions.[9]
Argentina has continued to participate in the Convention on Cluster Munitions. It has attended all of the convention’s annual meetings as an observer, including the Fourth Meeting of States Parties in Lusaka in September 2013, but did not make any statements at these meetings. Argentina participated in every intersessional meeting of the convention in Geneva including in April 2014, but has not made any statements since the 2011 meeting.
Argentina participated in a regional workshop on cluster munitions in Santiago, Chile in December 2013.
Argentina voted in favor of UN General Assembly (UNGA) 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.”[10]
Argentina is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Local NGO Association for Public Policy (Asociación Para Politicas Publicas, APP) is campaigning for Argentina to join the Convention on Cluster Munitions.
Use, production, transfer, and stockpiling
Argentina is not known to have ever used or exported cluster munitions, and does not currently produce or stockpile them. In the past, it imported and stockpiled cluster munitions, and had the beginnings of a production program.
In March 2009, Argentina stated, “At present, the Republic of Argentina doesn’t have cluster munitions, it hasn’t utilized or transferred them.”[11] The government has said it has no intention to produce cluster munitions in the future.[12]
In the past, the Armed Forces Center for Technical and Scientific Research (Centro de Investigaciones Técnicas y Científicas de las Fuerzas Armadas, CITEFA) developed and initiated production of the CME 155mm artillery projectile, which contains 63 dual purpose improved conventional munition (DPICM) submunitions equipped with a backup pyrotechnic self-destruct mechanism.[13] According to military officials, this effort did not reach full-scale production and was dismantled, and the projectiles were never fielded by the armed forces of Argentina.[14]
Argentina said in May 2007 that it had already destroyed its stocks of cluster munitions.[15] Military officials informed Human Rights Watch (HRW) in September 2006 that stocks of French BLG-66 Belouga and US Rockeye air-dropped bombs were destroyed by 2005.[16]
[1] Statement of Argentina, Regional Workshop on Cluster Munitions, Santiago, 12 December 2014. Notes by the CMC.
[2] For details on Argentina’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. 185–188.
[3] See Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 8.
[4] CMC Latinoamerica regional briefing, Beirut, 15 September 2011. Notes by the CMC; and letter from the CMC to Jorge Enrique Tariana, Minister of Foreign Affairs, 31 May 2010. See also Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 186–187.
[5] Statement of Argentina, Oslo Conference on Cluster Munitions, 22–23 February 2007. Notes by the CMC/Women’s International League for Peace and Freedom (WILPF).
[6] Statement of Argentina, Lima Conference on Cluster Munitions, 23–25 May 2007. Notes by the CMC/WILPF; and CMC, “CMC Report on the Lima Conference and Next Steps,” May 2007.
[7] In September 2011, Wikileaks released a United States (US) Department of State cable showing that US officials met with Argentina’s Ministry of Foreign Affairs during the Dublin negotiations of the Convention on Cluster Munitions on 15 May 2008. According to the cable, “The Argentine Foreign Ministry theoretically supports a total ban on cluster munitions but, in fact, expects and is counting on a decision of partial prohibition.” “Argentina on the Oslo Process,” US Department of State cable dated 19 May 2008, released by Wikileaks on 1 September 2011.
[8] Interview with Alfredo Forti, Secretary of International Affairs, Ministry of Defense, Buenos Aires, 31 March 2010.
[9] Interview with Gustavo Ainchil, Ministry of Foreign Affairs, Buenos Aires, 23 February 2010.
[10] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 68/182, 18 December 2013.
[11] Letter from Amb. Jorge Argüello, Permanent Mission of Argentina to the UN in New York, 13 March 2009.
[12] Interview with Alfredo Forti, Ministry of Defense, Buenos Aires, 31 March 2010.
[13] CITEFA, “Report Referring to Employment of Submunitions” (“Informe Referido a Empleo de Submuniciones”), undated, provided to Pax Christi Netherlands by the Permanent Mission of Argentina to the UN in Geneva, 14 June 2005; and Argentina, “Replies to Document CCW/GGE/X/WG.1/WP.2, Entitled ‘International Humanitarian Law and ERW,’” CCW/GGE/XI/WG.1/WP.10, 2 August 2005, p. 3.
[14] Interview with Navy Capitan (ret.) Carlos Nielsen, Advisor to the Joint Chiefs of Staff of the Armed Forces, Buenos Aires, 31 March 2011; and remarks made to Human Rights Watch (HRW) by members of the Argentine delegation to the Latin American Regional Conference on Cluster Munitions, San José, 5 September 2007.
[15] Statement of Argentina, Lima Conference on Cluster Munitions, 24 May 2007. Notes by the CMC/WILPF.
[16] HRW, “Survey of Cluster Munition Policy and Practice,” February 2007.