Commitment to the Mine Ban Treaty

 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]