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Lao PDR

Last Updated: 23 August 2014

Cluster Munition Ban Policy

Commitment to the Convention on Cluster Munitions

Convention on Cluster Munitions status

State Party

National implementation legislation

Plans to amend existing legislation to enforce the Convention on Cluster Munitions

Participation in Convention on Cluster Munitions meetings

Attended Fourth Meeting of State Parties in Lusaka, Zambia in September 2013 and intersessional meetings in Geneva in April 2014

Key developments

Provided annual updated transparency report in April 2014

Policy

The Lao People’s Democratic Republic (Lao PDR) signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 18 March 2009. It was among the first 30 ratifications that triggered the entry into force of the convention on 1 August 2010.

Lao PDR has cited existing laws and decrees under national implementation measures in its Article 7 reports, but new legislation is being considered.[1] In April 2014, Lao PDR confirmed that it intends to “commence the development of national legislation that covers our remaining legislative obligations under the Convention” in collaboration with the Ministry of Justice and in consultation with relevant agencies.[2] In September 2013, Lao PDR informed States Parties that it intends to “establish laws which adequately and fully reflect the high standards achieved in this convention” and urged all states to undertake similar national implementation measures.[3] Lao PDR previously indicated that the relevant sections of the penal code might be amended to reflect its obligations under the convention.[4]

Lao PDR submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 25 January 2011 and has provided annual updates ever since, including on 30 April 2014.[5]

As the most heavily contaminated country in the world in terms of cluster munition remnants, Lao PDR’s support was a crucial element in the success of the Oslo Process that produced the Convention on Cluster Munitions.[6] Lao PDR participated extensively in the Oslo Process and advocated strongly against proposals to weaken the treaty text.[7]

Lao PDR has continued to play a leadership role in the work of the Convention on Cluster Munitions since 2008. Lao PDR hosted the hosting the convention’s First Meeting of States Parties in Vientiane in November 2010. It participated in the Meetings of States Parties held in 2011, 2012, and the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013, where it made several statements including on national implementation measures, transparency, international cooperation and assistance, universalization, clearance, and victim assistance. In April 2014, Lao PDR hosted a visit by Zambia’s Minister of Foreign Affairs, Wylbur C. Simuusa, who visited in his capacity as President of the Fourth Meeting of States Parties.[8]

Lao PDR has attended all of the convention’s intersessional meetings in Geneva, including in April 2014, where it spoke on matters including clearance, victim assistance, and international cooperation and assistance.

Since 2012, Lao PDR has served as the convention’s co-coordinator on clearance and risk reduction education.

Lao PDR has undertaken many efforts to promote the universalization of the Convention on Cluster Munitions and in September 2013 encouraged all States Parties to “work harder to persuade the rest of the world community that cluster munitions are no longer acceptable.”[9] In October 2013, Lao PDR called for the universalization of the Convention on Cluster Munitions in its statement to the UN General Assembly (UNGA) First Committee on Disarmament and International Security in 2004, as it had done in previous years.[10]

In April 2013, Lao PDR expressed deep concern at Syria’s use of cluster munitions, which it condemned.[11]

Lao PDR is not party to the Mine Ban Treaty. It is party to the Convention on Conventional Weapons.

Interpretive issues

Lao PDR has expressed its views on several important matters related to interpretation and implementation of the convention. In June 2011, a Ministry of Foreign Affairs official informed the Monitor, “With regard to your question on relations with states not party to this convention, we are aware of the different interpretations of the Article 21. For us it is clear that we strongly support the full prohibition of cluster munitions, including those activities during the joint military operations, transiting, foreign stockpiling and investment in the production of cluster munitions.”[12]

Use, production, transfer, and stockpiling

In its Article 7 report, Lao PDR declared that it “has no stockpiles” of cluster munitions and indicated that it is not retaining any cluster munitions for training and research.[13] Lao PDR also declared that it had no production facilities to decommission.[14] Lao PDR has stated that it has never used or transferred cluster munitions.[15]

 



[1] Lao PDR declared various selected articles of the penal code including on illegal production, possession, and use of war weapons and explosives; illegal trade of war weapons and explosives; and robbery, embezzlement, and looting of war weapons and explosives. Form A also listed laws and decrees related to the National Regulatory Authority (NRA) for clearance of unexploded ordnance (UXO) in the Lao PDR. Convention on Cluster Munitions Article 7 Report, Form A, 25 January 2011. The 2014 report states that there has been no change under national implementation measures. Convention on Cluster Munitions Article 7 Report, Form A, 30 April 2014.

[2] Statement of Lao PDR, Convention on Cluster Munitions Intersessional Meetings, 7 April 2014.

[3] Statement of Lao PDR, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.

[4] Statement of Lao PDR, Convention on Cluster Munitions Intersessional Meetings, 16 April 2013; and statement of Lao PDR, Convention on Cluster Munitions Intersessional Meetings, 18 April 2012.

[5] Various time periods have been covered by Article 7 reports provided on 25 January 2011 (for the 24-year period from 1 January 1996 to 30 November 2010), 22 March 2012 (for the period from 1 December 2010 to 31 December 2011), 28 March 2013 (for calendar year 2013), and 30 April 2014 (for calendar year 2013).

[6] Lao PDR’s struggle against cluster munitions was profiled in a 2014 documentary by Al Jazeera. See, “Legacy of War in Laos,” Al Jazeera - The Stream, 13 May 2014.

[7] For more details on Lao PDR’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. 103–105.

[9] Statement of Lao PDR, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013.

[10] Statement of Lao PDR, UNGA First Committee on Disarmament and International Security, 30 October 2013; and statement of Lao PDR, UNGA First Committee on Disarmament and International Security, 7 October 2011.

[11] Statement of Lao PDR, Convention on Cluster Munitions Intersessional Meetings, Session on Compliance, Geneva, April 2013. Notes by the CMC.

[12] Email from Maytong Thammavongsa, Director of UN, Political, and Security Affairs Division, Department of International Organizations, Ministry of Foreign Affairs, 1 June 2011.

[14] Ibid., Form E, 25 January 2011. The form is completed as “Non applicable.”

[15] Letter from Saleumxay Kommasith, Ministry of Foreign Affairs, 25 February 2009; and interview with Saleumxay Kommasith, Ministry of Foreign Affairs, Vientiane, 31 March 2011. Historical photographic and testimonial evidence, however, shows that the former Royal Lao Air Force used US-supplied cluster munitions during the Indochina War.