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Slovenia
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 |
Criminal Code on the Illegal Manufacture of and Trade in Weapons or Explosive Materials |
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Stockpile destruction |
Completed destruction on 29 July 2011 |
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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 |
Provided annual transparency update |
Policy
The Republic of Slovenia signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 19 August 2009. It was among the first 30 ratifications to trigger the convention’s entry into force on 1 August 2010.
Under national implementation measures, Slovenia has declared its ratification legislation and relevant sections of the Criminal Code.[1] Slovenian officials have said that according to the country’s constitution, international treaties are implemented directly.[2]
Slovenia submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 26 January 2011 and provided annual updated reports in 2012, 2013, and on 31 March 2014.[3]
Slovenia actively engaged in the Oslo Process that led to the creation of the convention and enacted legislative measures on cluster munitions prior to the conclusion of the process. In July 2007, it adopted a declaration calling on the government to support all international efforts to conclude an international instrument prohibiting cluster munitions and to consider national measures, including appropriate legislation to ban cluster munitions.[4]
Slovenia has continued to engage in the work of the Convention on Cluster Munitions since 2008. It has attended every Meeting of States Parties of the convention, except the Fourth Meeting of States Parties in Lusaka, Zambia in September 2013. Slovenia has participated in all of the convention’s intersessional meetings in Geneva, including in April 2014.
At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in October 2013, Slovenia welcomed the “many positive developments” regarding implementation of the Convention on Cluster Munitions and called for further efforts to ensure that all nations to help the “way forward towards the world free of cluster munitions.”[5]
Slovenia has expressed its concern at reports of use of cluster munitions in Syria and emphasized the importance and urgency of continued efforts to universalize the convention. Slovenia also voted in favor of UNGA resolutions condemning the Syrian government’s cluster munition use, 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.”[6]
Interpretive issues
Slovenia has articulated its views on several important issues related to interpretation and implementation of the convention, including the prohibition on assistance with prohibited acts in joint military operations, the prohibition on transit and foreign stockpiling, the prohibition on investment in cluster munition production, and the retention of cluster munitions for training and research purposes.
In 2011, Slovenia’s Minister of Foreign Affairs reconfirmed Slovenia’s position on the prohibition on assistance with prohibited acts in joint military operations under the convention, stressing that “Slovenia will not participate in any joint military operation with non-States Parties [sic] to the Convention involving the use of cluster munitions.”[7] The minister also reaffirmed Slovenia’s view that transit and foreign stockpiling of cluster munitions are expressly prohibited under the convention and that it considers such activities “illegal on the territory of the Republic of Slovenia.”[8]
In 2012, Slovenia’s Minister of Foreign Affairs informed the Monitor that Slovenia “has no intention of allowing investment in cluster munition production.”[9] In April 2013, meeting with CMC member organization PAX (formerly IKV Pax Christi), a government representative elaborated on Slovenia’s stance concerning the prohibition on investment in cluster munition production. In Slovenia’s view, the Convention on Cluster Munitions prohibits investment and financing of cluster munitions under Article 1(1)(c), and as such, the government will not permit investment or financing of cluster munition production on Slovenian territory. The representative stated that this would also apply to Slovenian companies with headquarters outside of Slovenia and to Slovenian nationals with permanent residence abroad.[10]
Slovenia has declared that it is not retaining any cluster munitions for training or research purposes permitted under Article 3 of the convention.[11]
Slovenia is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, and transfer
Slovenia has declared that it has not produced cluster munitions.[12] Slovenia is not known to have used or exported cluster munitions.
Stockpile destruction
On 29 July 2011, Slovenia destroyed its entire stockpile of cluster munitions consisting of 1,080 155mm howitzer PAT-794 CARGO Long-Range/Base Bleed (LR/BB) projectiles.[13] The origin of the PAT-794 projectile is unclear.[14] In its Article 7 reports, Slovenia did not report the possession of any explosive submunitions.[15] The stockpile destruction was carried out by the company MAXAM Bulgaria AD in the Bulgarian town of Gabrovo.[16]
Slovenia has declared that it is not retaining any cluster munitions for research or training purposes permitted by Article 3 of the Convention of Cluster Munitions.[17]
[1] The ratification law was adopted on 15 July 2009. It has also cited Article 307 of the Criminal Code, which addresses “Illegal Manufacture of and Trade in Weapons or Explosive Materials.” Convention on Cluster Munitions Article 7 Report, Form A, 26 January 2011.
[2] Email from Jurij Žerovec, Security Policy Division, Ministry of Foreign Affairs, 13 June 2011. Draft legislation to specifically implement the convention was submitted to parliament in 2010, but not adopted as it was found to be unnecessary. “Draft law banning the manufacture, use, and sale of cluster munitions” (“Predlog zakona o prepovedi priozvodnje, prodaje in uporabe kasetnega streliva”), No. 213-05/10-001/1175-V, 15 July 2010; and email from Eva Veble, Danish Church Aid, 30 July 2010.
[3] The initial report covers calendar year 2010, while the 2012 report covers the period from 27 January 2011 to 1 January 2012, the 2013 report covers calendar year 2012, and the 2014 report covers calendar year 2013.
[4] For details on Slovenia’s cluster munition policy and practice up to early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 152–153.
[5] Statement by Slovenia, UNGA First Committee on Disarmament and International Security, New York, 28 October 2013.
[6] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/68/182, 18 December 2013. Slovenia voted in favor of a similar resolution on 15 May 2013.
[7] Letter from Samuel Žbogar, Minister of Foreign Affairs to Mary Wareham, Human Rights Watch (HRW), 9 May 2011. The minister stated: “Allow me to stress that Slovenia will not participate in any joint military operation with non-States Parties [sic] to the Convention involving the use of cluster munitions.”
[8] The minister stated: “As the Convention also includes the prohibition on transit and stockpiling of cluster munitions by third countries on the territory of States Parties, we consider such activities illegal on the territory of the Republic of Slovenia.” Letter from Minister of Foreign Affairs Žbogar to Mary Wareham, HRW, 9 May 2011.
[9] Letter from Karl Erjavec, Minister of Foreign Affairs to Mary Wareham, HRW, 14 March 2012.
[10] CMC meeting with Jurij Žerovec, Deputy Head, Permanent Mission of Slovenia to the UN in Geneva, Geneva, 17 April 2013.
[11] Convention on Cluster Munitions Article 7 Report, Form C, 26 January 2011.
[12] Convention on Cluster Munitions Article 7 Report, Form E, 26 January 2011. Slovenia has stated that it has never produced cluster munitions or their components. Letter from Minister of Foreign Affairs Žbogar, 20 April 2010; and letter from Minister of Foreign Affairs Žbogar to Mary Wareham, HRW, 9 May 2011.
[13] Convention on Cluster Munitions Article 7 Report, Form B, 30 March 2012; and statement of Slovenia, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, Lebanon, 14 September 2011.
[14] Knowledgeable sources have speculated that the PAT-794 was produced by the ZVS company from Slovakia and contains 49 M85 dual-purpose improved conventional munition (DPICM) submunitions.
[15] Convention on Cluster Munitions Article 7 Report, Form B, 31 March 2014; 29 March 2013; 30 March 2012; and 26 January 2011.
[16] According to Slovenia’s Article 7 report, energetic components of cluster munitions were incinerated and metallic components were dismantled, disabled, and disposed of by recycling as metallic waste. Slovenia reported that all safety and environmental standards according to Bulgarian law had been observed. Convention on Cluster Munitions Article 7 Report, Form B, 30 March 2012.
[17] Convention on Cluster Munitions Article 7 Report, Forms B and C, 31 March 2014. Report inaccurately includes a submission date of 2013 when it was submitted in 2014, covering calendar year 2013.
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