Victim Assistance

The new Cluster Munitions Convention is the first arms treaty that recognizes the human rights of victims of the weapon being banned.  Article 5 of the treaty sets a new humanitarian standard, building on provisions of the 1997 Mine Ban Treaty, which was the first disarmament agreement to include victim assistance language.

States that join the treaty are required to provide assistance to victims of cluster munitions, including medical care, rehabilitation and psychological support, as well as to ensure their social and economic inclusion in accordance with applicable human rights and international humanitarian law.  The provisions expand the definition of those considered "victims" to include affected families and communities, recognizing the wide-reaching and indiscriminate impact of cluster munitions, not only during conflict, but also in the post-conflict period. 

Article 5 notes that each state joining the treaty is responsible for providing victim assistance to all victims under its jurisdiction or control, thereby reaffirming the human rights-based approach, which places the primary responsibility for fulfillment of human rights on the national government where the victims reside. 

Among the specific actions governments must take: designating a national focal point; incorporating victim assistance into existing human rights, disability and development mechanisms; including survivors and their representative organizations in decision-making processes; and, articulating that there must be no discrimination against or between cluster munition victims and those who have suffered injuries or disabilities from other causes.

In addition to these national responsibilities, Article 6 of the treaty calls for the international community, the UN, and the non-governmental sector to assist in the implementation of victim assistance. 

These provisions were informed by the Convention on the Rights of Persons with Disabilities which was adopted in 2006 after five years of negotiations that convention entered into force just last month. 

While the U.S. government did not participate in the Cluster Munitions Convention negotiations, it does provide significant assistance to victims of armed conflict, including landmines, cluster submunitions and other unexploded ordnance.  The program, known as the “Leahy War Victims Fund”—after its chief congressional sponsor, Senator Patrick Leahy—provides $10-15 million per year to victims around the world.

For more information, see:
Handicap International
Survivors Corps
Cluster Munition Coalition