Solutions
to the Cluster Munitions Threat
The threats posed by cluster munitions
can and must be solved. Thousands
have already been needlessly killed by these inaccurate and unreliable
weapons. The arsenals of the world contain billions of cluster
bomblets. Immediate action is necessary to prevent the needless
loss of civilian lives and limbs. As a major user, producer,
exporter and stockpiler of cluster munitions, the United States
has a responsibility to play a leading role in diminishing the
threat posed by these weapons. Concrete action by the U.S. in a
number of areas can go a long way to protecting civilian from the
humanitarian harm of cluster munitions. These actions include:
1) Explicitly prohibiting the use of U.S.-made cluster
munitions in or near populated areas
As an initial step, the U.S. should immediately ensure that U.S.-made
cluster munitions are not used in or near civilian populated areas,
whether used by the U.S. or its allies. The use of cluster
munitions in civilian areas in Lebanon, Kosovo, Iraq, and other
countries, vividly illustrates the horrific consequences of the
weapon when used in civilian inhabited areas. The U.S. military
should immediately prohibit the use of cluster munitions against
anything other than a clearly defined military target in an area
which civilians do not inhabit. Similarly, the U.S. should
require countries that receive U.S.-made cluster munitions to agree
to abide by those same conditions.
2) Supporting the new global treaty regime on cluster
munitions
An international process is already underway to develop a treaty
prohibiting the use of cluster munitions that cause unacceptable
harm to civilians. Existing international humanitarian law
has proven unable to protect civilians from the threat posed by
cluster munitions. The U.S. should join the 70-plus countries,
including many NATO allies, already committed to conclude by 2008
a global treaty banning dangerous cluster munitions.
3) Enacting a domestic prohibition
on the use and transfer of cluster munitions
While working globally for a treaty, the U.S. should lead by
example and enact a domestic prohibition on the use and transfer
of cluster munitions that cause unacceptable harm to civilians. In
February 2007, Senators Dianne Feinstein (CA) and Patrick Leahy
(VT) introduced the Cluster Munition Civilian Protection Act
(S.594) which, if passed, would ban both the use of cluster munitions
in or near civilian populated areas and the use and transfer
of cluster munitions with a failure rate of more than 1 percent.
Companion legislation (H.R. 1755) was introduced in the March
2007 by Representatives Jim McGovern (MA), Betty McCollum (MN),
and Darrell Issa (CA). This is progressive legislation, but ultimately
the only way to ensure that U.S. cluster munitions do not cause
any additional harm is to cease all use and transfer. See
Campaign Developments for more information.
4) Destroying existing stockpile
On January 10, 2001, then-Secretary of Defense William Cohen issued
a policy memorandum stating that beginning in fiscal year 2005,
all newly procured cluster submunitions must have a dud rate
of less than 1 percent. This policy applies only to newly acquired
submunitions and does not affect the existing U.S. stockpile
of close to 1 billion bomblets. These stockpiled bomblets are
highly unreliable and pose a severe hazard to civilians should
they be used or transferred to other countries. The U.S.
should destroy its stockpile of unreliable cluster munitions
at the earliest possible date to guarantee that they will never
be used.
5) Ratify Protocol V
Protocol V to the Conventional on Conventional Weapons entered
into force on November 12, 2006. Protocol V on Explosive
Remnants of War addresses the post-conflict responsibilities
of users of cluster munitions. Under the Protocol, states are
responsible for clearing all explosive remnants of war in territory
under their control. It also calls on states to provide
warnings, risk education, and other measures to protect civilian
populations. Protocol V is not the solution to the threats posed
by cluster munition problem, but it is an important provision
that the US Senate should immediately ratify.
6) Increasing assistance for unexploded ordnance clearance
and risk education
In order to limit casualties inflicted by unexploded cluster
duds, the U.S. should increase assistance programs focused on
unexploded ordnance clearance. Many cluster-affected countries are unable
to clear land and educate their populations to the risks posed
by unexploded cluster munitions without outside help. The
U.S. responsibility to help clear munitions is especially clear
and urgent in countries where U.S. armed forces have used cluster
munitions. In Laos, for example, the United States dropped
tens of millions of cluster submunitions in the 1960s and 70s. Yet
Laos has not received the necessary funds and assistance to clear
these munitions which continue to this day to kill innocent civilians. The
U.S. should increase funding for clearing such munitions.
7) Provide sustained assistance to survivors
Cluster munitions survivors often face severe economic, physical,
and emotional hardships as a result of their disability. With
adequate medical care and assistance that addresses poverty and
joblessness, many survivors of cluster munitions can live more
fulfilling and successful lives.
Landmine Monitor reports that
governments donated about $29.5 million for mine victim assistance
in 2005. In the
U.S., the Leahy War Victims Fund provides about $10 million annually
to various efforts including victim assistance. While $10 million
can go a long way to addressing the needs of survivors of cluster
munitions, it does not meet the needs of the ever-growing number
of casualties. The U.S. should continue its valuable assistance
to survivors of cluster munitions, but also increase the size of
its victim-assistance funding and encourage other countries to
commit themselves to assisting and supporting cluster munitions
survivors.
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