Commitment to the Convention on Cluster Munitions

Policy

The Republic of Zambia signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 12 August 2009. It was among the first 30 ratifications that triggered entry into force of the convention on 1 August 2010.

Zambia has been in the process of preparing national legislation to enforce the provisions of the Convention on Cluster Munitions since 2010. It reported in April 2014 that the process of domestication of the convention into national law had reached “an advanced stage” as draft legislation “is in the process of finalization before submitting to Parliament.”[1] In 2013, Zambian officials stated that draft implementation legislation was in the process of being prepared for submission to parliament.[2]

Zambia submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 21 January 2011 and provided annual updated reports in 2012, 2013, and on 30 April 2014.[3]

Zambia played an influential leadership role during the Oslo Process that created the Convention on Cluster Munitions, including by hosting an African regional conference in Livingstone in March–April 2008 that helped generate broad and united support from many African states for a comprehensive convention.[4]

Zambia has continued to play an active role in work of the Convention on Cluster Munitions. It hosted and has served as the President of the Fourth Meeting of States Parties of the convention held in Lusaka on 9–13 September 2013. A total of 106 countries participated in the meeting as well as representatives from international organizations and the CMC. In opening the meeting, the President of Zambia, Michael Chilufya Sata, said that cluster munitions “have no place in the modern era” as the weapons are “indiscriminate” and can “act as de-facto traps once they are fired and fail to explode.”[5] The Fourth Meeting of States Parties concluded with the adoption of a “Lusaka Progress Report” detailing progress made on the convention’s implementation and universalization since 2010 and especially since the previous Meeting of States Parties in September 2012.[6]

Zambia’s Minister of Foreign Affairs Wylbur Simuusa served as President of the Fourth Meeting of States Parties during the meeting and promised to use the platform to highlight the need for universalization of the convention, particularly throughout the African continent.[7] In March 2014, Simuusa visited State Party Lao PDR in his capacity as President of the Fourth Meeting of States Parties, where he witnessed clearance operations and met cluster munitions survivors.[8]

In March 2014, Henry Kalaba replaced Simuusa as Zambia’s Minister of Foreign Affairs and has continued to promote universalization of the convention in his capacity as President of the Fourth Meeting of States Parties. In early June 2014, Kalaba visited Mauritius, where he met with the Minister of Foreign Affairs, Arvin Boolell, to encourage the government to accede to the convention.[9] During a June 2014 visit to Harare, Kalaba met with Zimbabwe’s Minister of Foreign Affairs Simbarashe Mumbengegwi, who told him that Zimbabwe is committed to acceding to the convention, as well as Zimbabwe’s Minister of Defence, Dr Sydney Sekeramayi, who also reaffirmed the government’s commitment to accede.[10]

In 2012–2013, Zambia served as co-coordinator on the General Status and Operation of the convention together with Costa Rica.

Zambia has attended every Meeting of States Parties of the convention as well as participated in the convention’s intersessional meetings held in Geneva.

At the April 2014 intersessional meetings, Zambia made statements on stockpile destruction and national implementation measures and provided a detailed presentation on its preparations for the Fourth Meeting of States Parties. Zambia’s Ministry of Foreign Affairs assisted Togo to hold a regional seminar on the convention in Lomé in May 2013.

In its capacity as President of the Fourth Meeting of States Parties, Zambia has condemned the use of cluster munitions in South Sudan.[11] It has not condemned the Syrian government’s use of cluster munitions.

Interpretive issues

Zambia has expressed its views on a number of important matters related to the interpretation and implementation of the convention. In May 2008, during the convention’s negotiations, Zambia expressed concern about the proposed article on “interoperability” (joint military operations with states not party) and stated that it understood that the provisions for interoperability in Article 21 did not provide a loophole for States Parties to allow the transit or indefinite stockpiling of cluster munitions in their territories.[12] In April 2009, the Minister of Foreign Affairs stated that Zambia does not believe that States Parties to the convention should “in any way assist the use [or] transfer of cluster bombs within or without their territories in the name of joint operations.”[13] In 2009, the director of the Zambia Mine Action Centre (ZMAC) stated that Zambia believed that the prohibition on assistance prohibits investment in the production of cluster munitions.[14]

Zambia is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Zambia has declared that it “has never produced cluster munitions,” has no production facilities for cluster munitions, and “does not stockpile cluster munitions” including for training or research.[15] Zambia has also stated that it has not transferred cluster munitions.[16]