Australia ratifies global treaty to ban cluster munitions

Joint media release:

  • Senator the Hon Bob Carr, Australian Minister for Foreign Affairs
  • The Hon Nicola Roxon MP, Attorney-General and Minister for Emergency Management
  • The Hon. Stephen Smith MP, Minister for Defence

17 October 2012

Foreign Minister Bob Carr, Attorney-General Nicola Roxon, and Defence Minister Stephen Smith today announced Australia's commitment to reducing the humanitarian impact of armed conflict has been strengthened with the ratification of a treaty banning the use of cluster munitions.

Senator Carr said the treaty will enter into force for Australia in April 2013.

"Australia has been a strong advocate of an international ban on cluster munitions and an active player in treaty negotiations," Senator Carr said.

"I'm proud that Australia was one of the first countries to sign the Convention on 3 December 2008."

Defence Minister Stephen Smith said "Australia's strong support for the Convention on Cluster Munitions reflects Australia's longstanding commitment to international efforts to reduce the humanitarian impact of armed conflict."

Australia's ratification is another significant step towards securing a global ban on these indiscriminate and dangerous weapons.

Australia will join 76 other States already party to the Convention on Cluster Munitions.

"Cluster munitions are weapons that can have a tragic impact on communities," Attorney-General Nicola Roxon said

"With this legislation, it is now an offence to use, stockpile or transfer cluster munitions and also to encourage others to engage with these dangerous weapons."

In preparation for ratification, the Government has taken steps to ensure that all conduct prohibited by the Convention is the subject of a criminal offence under Australian law.

The Criminal Code Amendment (Cluster Munitions Prohibition) Act 2012 faithfully gives effect to the Convention, and strengthens Australia's already robust legal framework regarding weapons.

Australia does not have operational stockpiles of cluster munitions and will not approve the stockpiling of cluster munitions in Australia by other countries.

This commitment will be confirmed in Australia's Annual Transparency Reports under the Convention.

The Convention and the Act will also apply to Australian Defence Force (ADF) personnel during military operations and ADF personnel serving alongside the defence forces of States not party to the Convention.

It will be applied in practice through ADF doctrine, procedures, rules and directives, as needed.

The Government remains committed to working with the international community to remediate regions affected by explosive remnants of war, including cluster munitions.

Through the Mine Action Strategy for the Australian Aid Program 2010-2014, Australia has pledged $100 million over five years towards a world free from cluster munitions, landmines and other explosive remnants of war.

Our assistance is helping prevent the world's poorest people from being indiscriminately maimed and killed and making more land available for food and other productive uses.

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