Bulgaria
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 |
Declared in 2013 that existing legislation is sufficient to enforce implementation of the convention |
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Stockpile destruction |
Stockpile decommissioned and draft plan for destruction close to being finalized |
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Participation in Convention on Cluster Munitions meetings |
Attended intersessional meetings in Geneva in April 2014 |
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Key developments |
Progress towards the adoption of national plan for stockpile destruction |
Policy
The Republic of Bulgaria signed the Convention on Cluster Munitions on 3 December 2008, ratified on 6 April 2011, and the convention entered into force for the country on 1 October 2011.
Under national implementation measures, Bulgaria has declared that no special national legislation will be considered for adoption because under the Constitution, international treaties ratified by Bulgaria become part of domestic law.[1] In a 13 May 2014 letter to the Monitor, the Ministry of Foreign Affairs confirmed that existing legislation “is considered sufficient to accommodate the provisions” of the ban convention.[2] In April 2014, Bulgaria stated that an inter-ministerial working group established to coordinate implementation of the Convention on Cluster Munitions was developing a national plan for the destruction of its stockpiles of cluster munitions.[3]
Bulgaria submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 27 March 2012 and provided annual updated reports in 2013 and on 8 April 2014.[4]
Bulgaria played a notable role in the Oslo Process that created the Convention on Cluster Munitions, including hosting a regional conference in September 2008. It was among a handful of states to announce a unilateral moratorium on the use of cluster munitions prior to the creation of the convention.[5]
Bulgaria has continued to engage in the work of the convention in 2013 and the first half of 2014. It has attended every annual Meeting of States Parties of the convention with the exception of the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. It has participated in all the convention’s intersessional meetings held in Geneva, including in April 2014, where it provided an update on its progress on stockpile destruction.
Bulgaria has not made a national statement to express concern at Syria’s use of cluster munitions, but it has voted in favor of UN General Assembly (UNGA) resolutions condemning the cluster munition use, including Resolution 68/182 on 18 December 2013, which expressed “outrage” at “continued widespread and systematic gross violations of human rights…including those involving the use of…cluster munitions.”[6]
Bulgaria is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
In 2009, Bulgaria provided its views on a number of important issues related to the interpretation and implementation of the convention. Bulgaria has stated it interprets Article 1 of the convention to mean that “transit” of cluster munitions across the territory of States Parties is prohibited, as is the stockpiling of foreign-owned cluster munitions. Bulgaria has also noted that while a ban on investment in cluster munition production is not explicit in the convention text, it would need to be “considered in light of the general prohibition on the development and production of cluster munitions.”[7]
With respect to “interoperability” and the prohibition on assistance during joint military operations with states not party, Bulgaria has stated that it “will fully observe the regulations of Article 21 of the Convention…Par. 4 of Article 21 stipulates that participation in such military operations ‘shall not authorize a State Party’ to engage in acts prohibited under the terms of the Convention and contains an exhaustive list of such acts.”[8]
In April 2014, as in previous years, Bulgaria again emphasized that it has “no intention” of retaining cluster munitions for training or research purposes.[9]
Use, production, and transfer
In 2009, a Ministry of Foreign Affairs representative said that “cluster munitions have never been used by the Bulgarian Armed Forces.”[10]
Bulgaria has declared that there “are no programmes for the conversion or decommissioning of production facilities for cluster munitions in the Republic of Bulgaria.”[11] In 2008, a Ministry of Foreign Affairs official stated that “Bulgaria does not and has not produced any type of cluster munitions.”[12]
Stockpiling and destruction
As of April 2014, Bulgaria reported a stockpile of 6,909 cluster munitions and 173,161 submunitions.[13] The stockpile is comprised of cluster munitions of Soviet Union origin, including:
· BKF blocks containing PTAB-2.5 and AO-2.5RT submunitions used in KMG-U dispensers;
· RBK-250 and RBK-500 air-dropped bombs containing AO-1Sch, PTAB-2.5M, AO-2.5RT, and SHAOB-0.5 submunitions; and
· 9N123K warheads for OTR-21 Tochka (NATO designation SS-21 Scarab) short-range tactical ballistic missiles.[14]
Cluster munitions stockpiled by Bulgaria (April 2014)[15]
|
Quantity and type of munitions |
Quantity and type of submunitions (difference from information declared previously in 2013) |
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238 RBK-250-275 bombs |
35,700 AO-1Sch |
|
1 RBK-250-275 bombs |
150 AO-2.5Sch (no total available previously) |
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60 RBK-250 bombs |
2,880 ZAB-2.5SM |
|
488 RBK-250 bombs |
20,496 PTAB-2.5M (42 fewer than previously declared) |
|
2 RBK-250 bombs |
0 |
|
201 RBK-500 bombs |
12,060 AO-2.5RT |
|
86 RBK-500 bombs |
10,062 ZAB-2.5SM (5,337 more than previously declared) |
|
0 |
2,939 ZAB-2.5SM individual submunitions |
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36 RBK-500 bombs |
20,340 SHOAB-0.5M |
|
3 RBK-500 bombs |
1,695 SHOAB-0.5 |
|
2 RBK-500-255 bombs |
0 |
|
3,086 BKF blocks |
37,032 AO-2.5RT (5,676 more than previously declared) |
|
740 BKF blocks |
5,920 PTM-3 |
|
1,957 BKF bombs |
23,484 PTAB-2.5 (4,376 more than previously declared) |
|
1 PBS-100 bomb[16] |
3 AO-25-33 (type not previously named) |
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8 9N123K warheads |
400 9N24 |
|
6,909 Total |
173,161 Total |
Bulgaria initially declared a stockpile of 6,874 cluster munitions and 149,398 submunitions.[17] This number was amended to 6,909 cluster bombs and 157,664 submunitions after the discovery of additional stocks in March 2013.[18] In April 2014, Albania declared a stockpile of 6,909 cluster bombs of the same types and another 15,497 submunitions making a total of 173,161 submunitions.[19] In May 2014, the Ministry of Foreign Affairs informed the Monitor that the reason for difference with the previously recorded information was a “new method adopted by the Bulgarian Armed Forces for theoretical calculation of the submunitions.”[20]
In April 2014, Bulgaria confirmed that all stockpiled cluster munitions “have been decommissioned and separated from the munitions that are retained for operational use” and confirmed that “the entire Bulgarian stock of cluster munitions is marked for destruction.”[21]
Stockpile destruction
Under Article 3 of the Convention on Cluster Munitions, Bulgaria is required to destroy all its stockpiled cluster munitions as soon as possible, but not later than 1 October 2019.
Bulgaria has committed to destroy its stockpile “well in advance” of the deadline provided by the Convention on Cluster Munitions. In April 2014, Bulgaria affirmed its determination to meet the deadline.[22]
Bulgaria had hoped to initiate the stockpile destruction process in 2011.[23] It has engaged in an extensive process in 2012 and 2013 to prepare a national stockpile destruction plan and budget.[24] In April 2014, Bulgaria stated that the national plan was “close to being finalized” and said that physical destruction would begin after adoption of the plan.[25] In May 2014, Bulgaria informed the Monitor that the plan is “undergoing an interagency review” and promised more information after its adoption.[26]
In its initial Article 7 report, Bulgaria reported on the transfer of Slovenia’s stockpile of 1,080 155mm PAT 794 artillery projectile cluster munitions to Bulgaria for the purposes of destruction.[27]
Bulgaria has declared that it is not retaining any cluster munitions for training or research purposes as permitted under Article 3 of the convention.[28] In April and May 2014, Bulgaria reiterated its intention not to retain cluster munitions or explosive submunitions for training purposes.[29]
[1] After reviewing its existing laws, Bulgaria declared in 2013 that “no special national legislation on the implementation of the Convention on Cluster Munitions will be considered for adoption.” Convention on Cluster Munitions Article 7 Report, Form A, 30 April 2013. In April 2012, Bulgaria reported that penal sanctions to deter activities prohibited by the convention would be implemented through amendments to the penal code. Convention on Cluster Munitions Article 7 Report, Form A, 27 March 2012.
[2] The letter also stated, “Bulgarian authorities are exploring additional options to improve the national legislative provisions in this field.” Letter from Vassil Petkov, Acting Director, UN and Cooperation Development Directorate, Ministry of Foreign Affairs to Mary Wareham, Human Rights Watch (HRW), 13 May 2014.
[3] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meeting, Geneva, 8 April 2014.
[4] The period for the initial Article 7 report provided on 27 March 2012 was not specified, while annual periods are covered by the reports provided on 30 April 2013 (for calendar year 2012) and 8 April 2014 (for calendar year 2013).
[5] For details on Bulgaria’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 46–48.
[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Bulgaria voted in favor of a similar resolution on 15 May 2013.
[7] Letter from Dr. Petio Petev, Ministry of Foreign Affairs, 25 February 2009. According to the letter, “The prohibitions stipulated in Article 1 of the Convention create an obligation for the States Parties not to allow the transit, transfer or stockpiling on their territories of cluster munitions…regardless of whether these munitions are foreign or nationally owned.”
[8] Ibid.
[9] Statements of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014, and 18 April 2012; and letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012.
[10] Letter from Dr. Petio Petev, Ministry of Foreign Affairs, 25 February 2009.
[11] Convention on Cluster Munitions Article 7 Report, Form E, 27 March 2012.
[12] Email from Lachezara Stoeva, Chief Expert, Arms Control and International Security Department, NATO and International Security Directorate, Ministry of Foreign Affairs, 17 May 2008. According to Jane’s Information Group, the Vazov Engineering Plant was associated with the production of 122mm Grad rockets, which included a variant that contains 15 dual-purpose improved conventional munitions (DPICM) submunitions. See Terry J. Gander and Charles Q. Cutshaw, eds., Jane’s Ammunition Handbook 2001–2002 (Surrey, UK: Jane’s Information Group Limited, 2001), p. 625.
[13] Letter from Vassil Petkov, Acting Director, UN and Cooperation Development Directorate, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014; and Convention on Cluster Munitions Article 7 Report, Form B, 8 April 2014.
[14] Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012.
[15] Letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014; and Convention on Cluster Munitions Article 7 Report, Form B, 8 April 2014. The BFK blocks containing PTM-3 antivehicle mines, the RBK bombs containing ZAB series incendiary submunitions, and the PBS-100 munition do not appear to be covered by the Convention on Cluster Munitions as the first contains antivehicle mines, the second contains incendiary submunitions, and the third contains three submunitions that each weigh more than 20 kilograms.
[16] The “PBS-100” is a previously unknown type of cluster munition that contains three submunitions weighing 27 kilograms.
[17] Convention on Cluster Munitions Article 7 Report, Form B, 27 March 2012.
[18] The additional stockpiled cluster munitions were identified in March 2013 by a private company, EMCO Ltd. and scheduled for destruction: 25 RBK-250-275 cluster bombs containing AO1-Sch submunitions and 10 RBK-250 cluster bombs containing PTAB-2.5M submunitions. Email from Dragomir Zakov, Permanent Mission of Bulgaria to the UN in Geneva, 22 May 2013; and Convention on Cluster Munitions Article 7 Report, Form J, 27 March 2012.
[19] In its April 2014 Article 7 transparency report Bulgaria reported possessing 150 AO-1Sch submunitions (previously no information available); 42 fewer PTAB 2.5M submunitions; 5,337 additional ZAB 2.5SM; 5,676 additional AO-2.5RT; and 4,376 additional PTAB-2.5 submunitions.
[20] Letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014
[21] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014. In April 2012, it made a similar statement to the Monitor that “All cluster munitions have been decommissioned, separated from munitions retained for operational use and marked for the purpose of destruction.” Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012.
[22] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014. Bulgaria reiterated this commitment in a May 2014 letter to the Monitor. Letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014.
[23] In April 2011, Bulgaria stated that stockpile destruction was scheduled to begin in 2011, with the aim of completing the destruction of the majority of its stockpile by 2013. It said that the eight cluster submunitions held by the land forces would be destroyed in 2016, when their shelf-life expires. Letter from Plamen Bonchev, Ministry of Foreign Affairs, Sofia, Ref. 04-06-98, 11 April 2011. A year later an official informed the Monitor that the stockpile destruction did not prove possible due to “austerity in the State budget in 2011.” Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012.
[24] In April 2012, Bulgaria said that it was developing a plan for the destruction of stocks including a timeline and budget. Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012. In April 2013, Bulgaria announced that it was in “the final stages” of preparing the stockpile destruction plan. Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 17 April 2013. Notes by the CMC. In May 2013, a Bulgarian official informed the Monitor that the draft stockpile destruction plan “has been elaborated” and the plan’s “financial parameters…await further clarification.” Email from Dragomir Zakov, Permanent Mission of Bulgaria to the UN in Geneva, 22 May 2013.
[25] Bulgaria informed States Parties to the convention that it expected the process “to start in the nearest future” but did not indicate a specific timeframe. It added that the “destruction process will be conducted in observation of all safety and environmental standards.” Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014; and letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014.
[26] Letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014.
[27] Convention on Cluster Munitions Article 7 Report, Form C, 27 March 2012.
[28] Ibid.; and Convention on Cluster Munitions Article 7 Report, Form C, 30 April 2013. The initial Article 7 report lists “N/A” or not applicable on Form C for cluster munitions retained, while the April 2013 report left Form C blank.
[29] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014; and letter from Vassil Petkov, Ministry of Foreign Affairs to Mary Wareham, HRW, 13 May 2014.