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Country Reports
Download PDF of country response to Human Rights Watch letter.
Spain

Spain

The Kingdom of Spain signed the Convention on Cluster Munitions in Oslo on 3 December 2008. On 18 March 2009, at an event promoting the convention at UN Headquarters in New York, Spain announced that the Lower Chamber of the Spanish Parliament had approved the instrument of ratification and that the Upper Chamber would approve it shortly.[1]

Spain declared a unilateral moratorium on use, production, and transfer of cluster munitions in June 2008. It announced in September 2008 that it would provisionally apply Article 1 of the convention (the basic prohibitions) until the moment of its ratification. Spain announced on 18 March 2009 that it had destroyed its stockpile of cluster munitions, the first signatory to do so.[2]

Spain is party to the Convention on Conventional Weapons (CCW), and ratified Protocol V on Explosive Remnants of War on 9 February 2007. It has participated in the work of the CCW on cluster munitions in recent years.

Cluster Munition Ban Policy

The Spanish government was not an early supporter of international action on cluster munitions, reflecting its status as a producer and stockpiler of the weapon.[3] In 2005, Spain expressed the view that “all types of cluster munitions have a high operational value as a means to deny enemy forces the use of key targets temporally.” [4]

At the CCW Third Review Conference in November 2006, Spain supported a proposal for a mandate to negotiate a legally-binding instrument “that addresses the humanitarian concerns posed by cluster munitions.”[5] When other CCW States Parties rejected such a mandate, Spain did not join 25 nations in supporting a declaration calling for an international agreement that would prohibit the use of cluster munitions “within concentrations of civilians,” prohibit the use of cluster munitions that “pose serious humanitarian hazards because they are for example unreliable and/or inaccurate,” and require destruction of stockpiles of such cluster munitions.[6] Norway then announced that it would start an independent process outside the CCW to negotiate a treaty banning cluster munitions that cause unacceptable harm to civilians, and invited other governments to join.

Spain participated throughout the Oslo Process, from the launch in Oslo in February 2007, to the three international diplomatic conferences to develop the convention text in Lima, Vienna, and Wellington, and the formal negotiations in Dublin in May 2008. It also attended the regional conference in Brussels in October 2007.

At the initial Oslo conference, Spain endorsed the Oslo Declaration, committing states to conclude in 2008 a legally-binding instrument prohibiting cluster munitions that cause unacceptable harm to civilians. However, it emphasized that the prohibition should cover only certain cluster munitions deemed to cause unacceptable harm. It said that the 2008 deadline should be seen as an ambition, rather than a deadline. Spain stated that it would continue working in other fora, such as the CCW.[7]

At the Lima conference, Spain reiterated its perception that the Oslo Process and the CCW could work in parallel to make progress on cluster munitions.[8] Spain supported the establishment of deadlines for stockpile destruction, but raised concerns about the six-year period in the draft text and called for the possibility of extensions to this deadline.[9]

At the Vienna conference, Spain supported the notion of possible exceptions from the prohibition, but noted that any exceptions must not harm the objectives of the treaty and must meet the requirement to avoid unacceptable harm to civilians.[10]

At the Wellington conference, on the positive side, Spain argued in favor of a number of proposals to strengthen the convention’s provisions on victim assistance.[11] While Spain did not formally associate itself with the so-called like-minded group that put forward numerous proposals criticized sharply by the CMC as weakening the convention text, it often favored such proposals. Spain endorsed a proposal by Germany to add language to the text to facilitate “interoperability” (joint military operations with states not party).[12] It also supported adding a provision allowing the retention of cluster munitions for training and research purposes.[13] Spain expressed frustration with the process in that proposals were not being issued as formal amendments,[14] but it subscribed to the Wellington Declaration, indicating its intention to participate fully in the Dublin negotiations on the basis of the Wellington draft text.

During the Dublin conference in May 2008, Spain sought exclusions from prohibition for cluster munitions based on self-destruct mechanisms.[15] Spain raised concerns about the proposed exclusion for weapons with very advanced technological features, saying it would create a gap between rich and poor countries; it also said that accuracy could be achieved without advanced technological features such as sensors.[16] Spain continued to support new language on interoperability and on retention of cluster munitions for training and research purposes, claiming the latter was necessary for its international demining center, which carries out training activities.[17] At the end, Spain joined the consensus adoption of the convention. While it praised the achievements of the convention, it noted its continuing commitment to the ongoing talks in the CCW.[18]

Following its adoption of the convention, Spain rapidly embraced the comprehensive ban on cluster munitions. On 8 July 2008, Minister of Defense Carme Chacón announced the Spanish government would approve a unilateral moratorium on the use, production, stockpiling, acquisition, or transfer of cluster munitions and order their destruction.[19] The Council of Ministers formally agreed on 11 June.[20]

During the September 2008 session of the CCW, Spain highlighted the national measures it was already taking to implement the provisions of the Convention on Cluster Munitions. Spain announced its moratorium and said that the Ministry of Foreign Affairs would begin the internal procedures necessary for Spain to sign and ratify the convention. Spain announced that it would provisionally apply Article 1 of the convention until the moment of its ratification. Spain stated it would begin its stockpile destruction as soon as possible, while the Ministry of Industry, Tourism and Trade would take measures to enforce the ban on import and export of cluster munitions, and the Ministry of Foreign Affairs and Cooperation would issue appropriate instructions to incorporate the provisions of the convention in all development projects.[21]

During the Global Week of Action in October 2008, Spanish CMC members, Greenpeace, Movimento Per La Pau, Fundació per la Pau and Justícia I Pau, held film screenings, built a shoe pyramid, launched a countdown meter of days until the signing of the Convention in Oslo, and collected signatures for the People’s Treaty.[22]

In November 2006, as CCW negotiations on cluster munitions were scheduled to conclude, Spain did not join 26 nations that issued a statement expressing their opposition to the weak draft text on a possible CCW protocol on cluster munitions, indicating it was an unacceptable step back from the standards set by the Convention on Cluster Munitions.[23]

On 14 November 2008, the Council of Ministers approved Spain’s signature of the convention.[24] On 2 December 2008, Spain’s Defense Minister Carme Chacón announced Spain would destroy all its cluster bombs in the following seven months.[25]

Upon signing the convention in Oslo, Spain’s Minister of Foreign Affairs and Cooperation Miguel Ángel Moratinos praised the convention as a response to the “deep suffering of civilian populations,” noted Spain’s unilateral moratorium on cluster munitions, and declared that it would transmit information on its stockpiles and plans to destroy them to the UN Secretary-General. Spain added that it would accelerate the ratification process internally.[26]

On 18 March 2009, the Ministry of Defense announced that Spain had destroyed it stockpile of cluster munitions three months ahead of schedule, making Spain the first country to complete destruction of its stockpile.[27]

Use, Production, and Transfer

Spain has stated that it has never used cluster munitions. It has acknowledged that in the past it produced, stockpiled, and exported cluster munitions.[28] By signing the convention, Spain said it “has assumed a military and economic cost” which was indicative of it placing “humanitarian imperatives over military and industrial interests.”[29]

The company Instalaza SA from Zaragoza produced two types of 120mm mortar projectiles, the ESPIN-21 and MAT-120, which contain submunitions. The MAT-120 projectile contains 21 dual purpose submunitions with “electronic fusing…which involves both self-destruction and self-neutralization features, guarantees zero risk of dangerous duds.”[30] In 2005, Instalaza announced that it was going to co-produce with the Finnish defense company Patria[31] the MAT-120 mortar projectile.[32]  However, there is no indication that a production line was ever opened up, and the deal was cancelled in light of Spain’s decision to sign the Convention on Cluster Munitions.[33]

The company Explosvos Alaveses SA (EXPAL), part of the Maxam Industrial Group, produced the BME-330B/AP cluster bomb.[34] This weapon is an anti-runway bomb that contains eight SAP bomblets (each weighing 18kg) designed to put holes in runways and 20 SNA area denial bomblets that have a variable delay fuze and an anti-disturbance fuze.[35] Spain has reported stockpiling and destroying 385 of these cluster bombs. (See below).

EXPAL has produced two other types of BME bombs, both of which are banned under the Convention on Cluster Munitions, but which the Spanish armed forces have not reported possessing. The BME-330AT cluster bomb contains 516 bomblets, a mixture of 512 armor-piercing SAC-1 AP bomblets and four MAC-2 anti-tank mines.[36] The BME-330C (multipurpose) cluster bomb holds 180 bomblets of three different types: the CP fragmentation (antipersonnel), the CH shaped charge (anti-armor), and the SNA area denial bomblets.[37]

Peru possesses a BME-330 cluster bomb of Spanish origin.[38] Pursuant to the unilateral moratorium enacted by the Spanish government on 11 June 2008, the Ministry of Industry, Tourism, and Trade and the Inter-Ministerial Board that regulates Foreign Trade on Defense and Double Use (JIMDDU) were instructed to deny all requests for the export of cluster munitions as of 11 June 2008.[39]

Spain apparently imported two variants of the Rockeye cluster bomb, the CBU-99B and CBU-100, from the United States.[40]

Stockpiling and Destruction

On 2 December 2008, Spain’s Minister of Defense, Carme Chacón, announced Spain would destroy all its cluster bombs in the following seven months. The minister said that over 5,500 cluster munitions would be destroyed.[41]

The Ministry of Foreign Affairs and Cooperation reported that as of February 2008, Spain had a stockpile of 5,587 cluster munitions of five types that contained 251,836 submunitions. The 11 June 2008 decision of the Spanish government to implement a unilateral moratorium on use, production, transfer, and storage of cluster munitions included “the commitment of Spain to destroy [existing] weapons of the Armed Forces as soon as possible.”[42]

By the end of 2008, Spain had destroyed 4,339 cluster munitions (containing 212,481 submunitions), which constituted over 77% of its stockpile. The remaining 385 cluster bombs were scheduled to be destroyed by June 2009.[43] As noted above, Spain finished the stockpile destruction even earlier, on 18 March 2009.[44]

Spain intends to retain 836 cluster munitions (containing 28,615 submunitions) for training and countermeasures testing purposes permitted under Article 3 of the Convention on Cluster Munitions.[45] The Spanish Government paid €4.9 million to the company Fabricaciones Extremeňas SA (FAEX), of the Maxam Industrial Group, to dismantle and destroy the stockpile of cluster munitions.[46] The details of the stockpile and destruction are presented in the following table:

Stockpiled on
12 February 2008

Destroyed by 31 December 2008

Destroyed by 18 March 2009

Retained

120mm mortar projectile ESPIN-21
(contains 21 submunitions)

2,340
(49,140)

1,950
(40,950)

--

390
(8,190)

120mm mortar projectile MAT-120
(contains 21 submunitions)

2,271
(47,691)

1,852
(38,892)

--

419
(8,799)

CBU-100 Rockeye bomb
(contains 247 submunitions)

545
(134,615)

537
(132,639)

--

8
(1,976)

CBU-99B Rockeye bomb
(contains 247 submunitions)

38
(9,386)

--

--

38
(9,386)

BME-330 B/AP bomb
(contains 28 submunitions)

393
(11,004)

--

385
(10,780)

8
(264)1

Total munitions
(submunition total)

5,587
(251,836)

4,339
(212,481)

385
(10,780)

863
(28,615)

1 Spain will retain an additional 40 SNA submunitions from two BME-330B/AP bombs.


[1] CMC, “Report on the Special Event on the Convention on Cluster Munitions, United Nations, New York, 18 March 2009.” In September 2008, Spain said that the Ministry of Foreign Affairs would begin the internal procedures necessary for Spain to sign and ratify the convention. Upon signing the convention, Spain said that it would accelerate the ratification process internally. Statement by Amb. Gerardo Bugallo, Permanent Representative to the Conference on Disarmamanet, Fourth 2008 Session of the CCW Group of Governmental Experts (GGE) on Cluster Munitions, Geneva, 1 September 2008; and Statement of Spain, Convention on Cluster Munitions Signing Conference, Oslo, 3 December 2008. Notes by Landmine Action.

[2] Ministry of Defense, “Tres meses antes del compromiso de la ministra de la Defensa España se situa a la cabeza de paises en eliminar todo su arsenal de bombas de racimo” (“Three months ahead of the commitment of the Minister of Defense, Spain is at the head of countries in eliminating all of its arsenals of cluster bombs”), Press release, 18 March 2009, www.mde.es.

[3] There was some early attention to the issue. In October 2002, the Spanish Parliamentary Defense Commission unanimously approved a motion calling on the government, in the CCW, to support a ban on the use of cluster munitions against non-military targets. The motion added that technical improvements to the weapon, including self-destruction and detectability, should be considered. Human Rights Watch, “Survey of Cluster Munition Policy and Practice,” No.1, February 2007, p.52, www.hrw.org.

[4] Ibid.

[5] Proposal for a Mandate to Negotiate a Legally-Binding Instrument that Addresses the Humanitarian Concerns Posed by Cluster Munitions, Presented by Austria, Holy See, Ireland, Mexico, New Zealand, and Sweden, Third Review Conference of the States Parties to the CCW, Geneva, CCW/CONF.III/WP.1, Geneva, 25 October 2006.

[6] Declaration on Cluster Munitions, Third Review Conference of the States Parties to the CCW, CCW/CONF.III/WP.18, Geneva, 17 November 2006.

[7] Statement of Spain, Oslo Conference on Cluster Munitions, 23 February 2007. Notes by CMC/WILPF.

[8] Statement of Spain, Discussion of Lima Text, Lima Conference on Cluster Munitions, 23 May 2007. Notes by CMC/WILPF.

[9] Statement of Spain, Session on Storage and Stockpile Destruction, Lima Conference, 24 May 2007. Notes by CMC/WILPF.

[10] Statement of Spain, Session on General Obligations and Scope, Vienna Conference on Cluster Munitions, 6 December 2007. Notes by CMC/WILPF.

[11] Statement of Spain, Session on Victim Assistance, Wellington Conference on Cluster Munitions, 20 February 2008. Notes by CMC. It argued for an inclusive vision of “victims” that recognized medical, psychological, socio-economic, and political needs. It supported the creation of a separate article on victim assistance, with references to national plans and gender-based policies, and urged the inclusion of victims in decision making processes.

[12] Proposal by Germany, supported by the Czech Republic, Denmark, France, Italy, Slovakia, Spain, and the United Kingdom, Amendment to the Draft Cluster Munitions Convention (final version), “Inter-operability,” Wellington Conference on Cluster Munitions, 21 February 2008.

[13] Statement of Spain, Session on Storage and Stockpile Destruction, Wellington Conference, 21 February 2007. Notes by CMC.

[14] Statement of Spain, Wellington Conference, 19 February 2008. Notes by CMC.

[15] Spain’s proposal exempted munitions with “self-safe” mechanisms. Spain defined a “self-safe” mechanism as a “combined self-destruction and self-deactivation mechanism, or other type of mechanism with a similar effect, that guarantees that a cluster munition remnant will become an inert explosive remnant in any case and will not detonate accidentally.” Proposal by Spain for the Amendment of Article 2, Dublin Diplomatic Conference on Cluster Munitions, 19 May 2008, www.clustermunitionsdublin.ie.

[16] Statement of Spain, Informal Discussions on Definitions, Dublin Diplomatic Conference, 22 May 2008. Notes by Landmine Action.

[17] Statement of Spain, Committee of the Whole on Article 3, Dublin Diplomatic Conference, 23 May 2008. Notes by Landmine Action.

[18] Statement of Spain, Closing Ceremony, Dublin Diplomatic Conference, 30 May 2008. Notes by Landmine Action.

[19] “España dejará de fabricar bombas de racimo” (“Spain will cease to manufacture cluster bombs”), El País, 8 July 2008, www.elpais.com.

[20] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, 12 March 2009, with courtesy translation provided.

[21] Statement by Amb. Gerardo Bugallo, Fourth 2008 Session of the CCW GGW on Cluster Munitions, Geneva, 1 September 2008.

[22] CMC, “Global Week of Action to Ban Cluster Bombs, 27 October – 2 November 2008,” www.stopclustermunitions.org.

[23] Statement delivered by Costa Rica on behalf of Austria, Belgium, Benin, Bosnia and Herzegovina, Chile, Croatia, Ecuador, El Salvador, Guatemala, Holy See, Honduras, Indonesia, Ireland, Lebanon, Mexico, New Zealand, Nicaragua, Norway, Peru, Philippines, Senegal, South Africa, Uganda, Uruguay, and Venezuela, Fifth 2008 Session of the CCW GGE on Cluster Munitions, Geneva, 5 November 2008.

[24] “Espana firmará la convención sobre municiones de racimo” (“Spain will sign the Convention on Cluster Munitions”), Eco Diario, 14 November 2008, ecodiario.eleconomista.es.

[25] “Spain to destroy all cluster bombs by June 2009: minister,” Agence France-Presse, 2 December 2008.

[26] Statement of Spain, Signing Conference, Oslo, 3 December 2008. Notes by Landmine Action.

[27] Ministry of Defense, “Tres meses antes del compromiso de la ministra de la Defensa España se situa a la cabeza de paises en eliminar todo su arsenal de bombas de racimo” (“Three months ahead of the commitment of the Minister of Defense, Spain is at the head of countries in eliminating all of its arsenals of cluster bombs”), Press release, 18 March 2009, www.mde.es.

[28] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, 12 March 2009. This was also stated in remarks at the UN on 18 March 2009. See CMC, “Report on the Special Event on the Convention on Cluster Munitions, United Nations, New York, 18 March 2009.”

[29] Ibid.

[30] Patria Weapons Systems Oy., “Weapons Systems: Products for Defence and Peacekeeping,” June 2006, p. 11, www.patria.fi. 

[31] Patria is owned by the State of Finland and the European Aeronautic Defense and Space Company NV (EADS).

[32] Instalaza announced, “The Finnish Defence Forces have selected the Spanish 120 mm Mortar Cargo Round MAT-120, developed and produced by the Spanish company Instalaza S.A., in order to be adapted for its specific needs.… The modified round will be produced by co-operation between Instalaza S.A. and Patria Weapon Systems.  The contract was signed at the end of 2004.”  Instalaza SA, “News: Finland Chooses Instalaza’s Mat-120 Mortar Cargo Round,” January 2005, instalaza.es.

[33] “Finland opts out of cluster munitions ban treaty,” BBC Monitoring European, 3 November 2008.

[34] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, Annex II, 12 March 2009. This bomb is listed by Jane’s Air-Launched Weapons as BME-330B/AR. Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), pp. 453–454.

[35] The variable delay fuze allows the bomblet to be programmed to explode randomly anytime between a few minutes and 24 hours after impact. Roberty Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), pp. 453–454.

[36] Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), p. 455.

[37] Ibid, p. 456.

[38] Ángel Páez, “Peru se suma a iniciativa mundial para prohibir y destruir las ‘bombas de racimo’” (“Peru joins global initiative to ban and destroy the ‘cluster bombs’”), La República online, 29 May 2007. Human Rights Watch was shown photographs of these cluster munitions by a member of the national media in May 2007. See also, Ángel Páez, “Se eliminaran las bombas de racimo” (“Cluster bombs will be eliminated”), La República online, 29 May 2007.

[39] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, 12 March 2009.

[40] Ministry of Defense, “Tres meses antes del compromiso de la ministra de la Defensa España se situa a la cabeza de paises en eliminar todo su arsenal de bombas de racimo” (“Three months ahead of the commitment of the Minister of Defense, Spain is at the head of countries in eliminating all of its arsenals of cluster bombs”), Press release, 18 March 2009, www.mde.es; and “Spain to destroy all cluster bombs by June 2009: minister,” Agence France-Presse, 2 December 2008. Rockeye is a common cluster bomb made by the US in the past, and Spain’s Minister of Defense acknowledged that Spain possessed some 600 US-made cluster bombs, but the Ministry of Foreign Affairs and Cooperation’s letter to Human Rights Watch indicated that the Rockeyes were fabricated by EXPAL. Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, Annex II, 12 March 2009.

[41] “Spain to destroy all cluster bombs by June 2009: minister,” Agence France-Presse, 2 December 2008.

[42] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, 12 March 2009.

[43] Ibid. It is not clear precisely when the destruction began. In September 2008, Spain stated it would begin its stockpile destruction as soon as possible. Statement by Amb. Gerardo Bugallo, Fourth 2008 Session of the CCW GGE on Cluster Munitions, Geneva, 1 September 2008. On 2 December, the Minister of Defense said Spain would destroy all its cluster bombs in the following seven months. “Spain to destroy all cluster bombs by June 2009: minister,” Agence France-Presse, 2 December 2008.

[44] Ministry of Defense, “Tres meses antes del compromiso de la ministra de la Defensa España se situa a la cabeza de paises en eliminar todo su arsenal de bombas de racimo” (“Three months ahead of the commitment of the Minister of Defense, Spain is at the head of countries in eliminating all of its arsenals of cluster bombs”), Press release, 18 March 2009, www.mde.es. The numbers presented in the press release are slightly different, indicating a stockpile of 5,589, including about 4,600 mortar projectiles, 600 US-produced cluster bombs, and 400 anti-runway bombs. The press release does not mention a number of cluster munitions retained for training purposes.

[45] Letter from Miguel Ángel Moratinos, Minister of Foreign Affairs and Cooperation, Annex II, 12 March 2009.

[46] Ibid; and “Chacón dice que no quedarán bombas de racimo en España a partir de junio” (“Chacón says there will be no more cluster munitions in Spain starting June”), El Día, 3 December 2008, www.eldia.es.