Moldova
Cluster Munition Ban Policy
Policy
The Republic of Moldova signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 16 February 2010. It was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.
Moldova has declared its ratification legislation under national implementation measures and reported that the Criminal Code “envisages penal sanctions for the storage, purchase, selling and use of weapons and ammunitions.”[1]
Moldova submitted its initial Convention on Cluster Munitions Article 7 report on 27 January 2011 and provided annual updated reports in 2012 and 2013 indicating no change.[2]
Moldova participated in the Oslo Process that created the Convention on Cluster Munitions.[3] It participated in the convention’s Meeting of States Parties in 2010, 2011, and 2012, but did not attend the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Moldova participated in the convention’s intersessional meetings in Geneva in 2012 and 2013, but did not attend the meetings held in April 2014.
Moldova has voted in favor of recent 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]
Moldova has yet to provide its views on a number of issues important for the interpretation and implementation of the convention, such as the prohibitions on transit, foreign stockpiling, assistance with prohibited acts in joint military operations, and investment in cluster munition production. In a September 2011 statement, Moldova highlighted the importance of a “uniform understanding of those provisions that raise problems of interpretation, including on the interpretation of the relationship between Articles 1 and 21.”[5] It also stated that “like Norway and others, Moldova does not believe live submunitions are necessary for training.”[6]
Moldova is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, and transfer
In 2009, Moldova stated, “The Republic of Moldova has never produced, used, nor does it plan to use, stockpile or transfer cluster munitions.”[7] In its 2011 Article 7 report, Moldova declared that it has no production facilities for antipersonnel landmines. Moldova also declared that it “did not use or abandon cluster munitions on the territory of other states.”[8] In 2001, Moldova reported the transfer of 860 9M27K rockets to Guinea during the previous year.[9]
Moldovan authorities have stated that they have no information about possible use, transfer, or stockpiling of cluster munitions by the military forces of the breakaway region of Transnistria or by Russian military forces still stationed there.[10] Moldovan authorities have repeatedly called for a fact-finding mission to be sent in Transnistria to gather information on stockpiled weapons and ensure their removal and destruction.[11] In its Article 7 report, Moldova said that if cluster munitions were identified in the Transnistrian region, support and financial assistance could be needed to ensure implementation of Moldova’s stockpile destruction obligations under the convention.[12]
Stockpile destruction
Moldova inherited a stockpile of cluster munitions from the former Soviet Union.[13] In its initial Article 7 report, it declared a stockpile of 1,385 cluster munitions and 27,050 submunitions.[14] This included 473 9M27K Uragan 220mm surface-to-surface rockets containing a total of 14,190 9N210 fragmentation submunitions that were destroyed by the Moldovan National Army in 2006.[15]
When Moldova signed the convention in December 2008, it possessed 78 air-delivered cluster bombs produced by the Soviet Union from 1961–1987 and 834 3-O-13 152mm cluster munition artillery projectiles.[16]
Moldova completed the destruction of stockpiled cluster munitions on 29 July 2010, two days before the convention’s entry into force.[17] Moldovan Army engineers carried out the stockpile destruction at the Bulboaca destruction site near Chisinau, using a combination of methods including dismantling, burning, and detonation.[18]
Retention
Moldova has stated that it will not acquire or retain any live cluster munitions for training and research purposes.[19] It has declared the retention of 19 submunitions that have been rendered free from explosives for training and display purposes.[20]
[1] Convention on Cluster Munitions Article 7 Report, Form A, 27 January 2011. In March 2010, a Ministry of Foreign Affairs official indicated that Moldova believes existing laws are sufficient to sanction any violations of the convention. Interview with Dorin Panfil, Director, NATO and Political-Military Cooperation Division, Ministry of Foreign Affairs and European Integration, 18 March 2010.
[2] As of 27 June 2014, Moldova had yet to submit the annual report due by 30 April 2014. There is no reporting period for the initial report, which is described as “initial,” while the April 2012 report is for the period from 30 April 2011 to 30 April 2012; and the April 2013 report is for calendar year 2012.
[3] For details on Moldova’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. 120–121.
[4] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 68/182, 18 December 2013. Moldova voted in favor of a similar resolution on 15 May 2013.
[5] Statement of Moldova, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 13 September 2011.
[6] Ibid.
[7] Letter from the Permanent Mission of the Republic of Moldova to the UN in Geneva, 2 March 2009.
[8] Convention on Cluster Munitions Article 7 Report, Forms D, E, and I, 27 January 2011.
[9] Submission of the Republic of Moldova, UN Register of Conventional Arms, Report for Calendar Year 2000, 30 May 2001. Moldova reported that it possessed 11 220mm Uragan multi-barrel rocket launchers. Submission of the Republic of Moldova, UN Register of Conventional Arms Report for Calendar Year 2002, 1 July 2003. Moldova also reported the transfer of 13 multi-barrel rocket launchers to Yemen in 1994 but it is not known if this included rockets containing submunitions. Submission of the Republic of Moldova, UN Register of Conventional Arms, Report for Calendar Year 1994, 28 April 1995.
[10] Interview with Dorin Panfil, Ministry of Foreign Affairs and European Integration, 18 March 2010; letter from Col. Iurie Dominic, Chief ad-interim of General Staff, National Army, 17 March 2010; and Convention on Cluster Munitions Article Report, Form B, 27 January 2011.
[11] Statement by Amb. Alexandru Cujba, UN General Assembly First Committee, New York, 12 October 2010.
[12] Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011.
[13] Letter from the Permanent Mission of the Republic of Moldova to the UN in Geneva, 2 March 2009.
[14] Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011. Previously, in June 2010, the stockpile prior to destruction was reported as comprising 1,385 cluster munitions containing a total of 27,330 submunitions, a difference of 280 submunitions. Presentation by Norwegian People’s Aid (NPA) and the Ministry of Defense, “Concept and Current Activities in the Self-Help Project of Cluster Munitions Stockpile Destruction,” Zagreb, 8 February 2010; and email from Col. Andrei Sarban, Commander Logistic Command, Deputy Chief of the Main Staff, National Army, Ministry of Defense, 23 June 2010. See ICBL, Cluster Munition Monitor 2010 (Ottawa: Mines Action Canada: October 2010), pp. 90–92.
[15] Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011.
[16] Presentation by NPA and the Ministry of Defense, “Concept and Current Activities in the Self-Help Project of Cluster Munitions Stockpile Destruction,” Zagreb, 8 February 2010; and email from Col. Sarban, Ministry of Defense, 23 June 2010.
[17] Moldova announced the completion of its destruction during the convention’s First Meeting of States Parties in Vientiane, Lao PDR in November 2010. Statement of Moldova, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 11 November 2010. Notes by the CMC.
[18] Convention on Cluster Munitions Article 7 Report, Form B, 27 January 2011.
[19] Statement of Moldova, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 11 November 2011. Notes by the CMC.
[20] Convention on Cluster Munitions Article 7 Report, Forms B and C, 27 January 2011.