The Wellington Conference on Cluster Munitions, the fourth international meeting of the Oslo Process, took place from 18-22 February 2008. The Oslo Process was initiated in February 2007, when 46 States pledged to negotiate a treaty banning cluster munitions that cause unacceptable harm to civilians, to be concluded by the end of 2008.
As the final preparatory meeting before formal negotiations on the treaty begin in Dublin from 19-30 May 2008, the Wellington Conference was a critical step in the Oslo process.
Over 550 delegates from 122 States attended the Conference. The large number of participants, many traveling from great distances to reach Wellington, was in itself a demonstration of the political will and momentum the Oslo Process has generated to see the conclusion of a ban on cluster munitions. A number of States from the Pacific Region joined the Oslo Process for the first time.
With negotiations around the corner, the Wellington Conference had two primary objectives. First, the Conference sought to make progress towards consensus on the scope and content of the treaty in order to create a solid foundation for negotiations in Dublin. Second, a key outcome of the Conference was the endorsement of the Wellington Declaration, the “ticket” to take part in the negotiations in Dublin. By endorsing the Wellington Declaration, States pledge to participate in negotiations on the basis of the Draft Convention (the treaty text) discussed at Wellington.
Discussions during the Conference focused on unresolved issues in the Draft Convention. The primary areas of contention were the definition of cluster munition and exceptions for certain types of cluster munitions; concerns about military interoperability (or joint military operations with States not party to a future treaty); a possible transition period; retaining cluster munitions for training purposes; and obligations for past users of cluster munitions. A small number of States, mainly producers and stockpilers of cluster munitions, continued their attempts to weaken the Draft Convention in these areas.
Australia, Canada, the Czech Republic, Denmark, Finland, France, Germany, Italy, Japan, the Netherlands, Slovakia, Sweden, Switzerland, and the United Kingdom intensified their efforts to dilute the Draft Convention. Calling themselves the “likeminded” group, they circulated or supported proposals on definitions, transition periods, and interoperability. Their aim was to have the Draft Convention revised to include their proposals in the text, and thus be considered as part of the basis for negotiations in Dublin. This group was only likeminded, however, in their agreement that they would not support a comprehensive ban on cluster munitions. Individually, they endorsed contradictory proposals and as a group, were largely unsuccessful in persuading additional States to join their ranks.
A major achievement of the Wellington Conference was that these States failed to have their proposals included in the Draft Convention. Due to the hard work of the Cluster Munition Coalition (CMC) campaigners and the determination of Ambassador Don Mackay of New Zealand, and the other “core group” States driving the Oslo Process, the text of the Draft Convention was not weakened or changed over the course of the week and all proposals were compiled in a separate “Compendium” document.
While it may seem a technical detail, this has great significance for negotiations in Dublin. According to the Rules of Procedure governing the Dublin Diplomatic Conference, in order to be included in the text of the Draft Convention, a proposal that does not have consensus will need the support of a two-thirds majority vote.
After a week of tough discussions and tense moments, the Conference reached a successful conclusion as over 70 States publicly endorsed the Wellington Declaration. Many states made memorable and colorful interventions affirming their support for the Declaration and the Oslo Process’ fundamental objectives. Others endorsed the Declaration privately and more States are expected to subscribe to the Declaration in the coming weeks before the Dublin Conference.
It was a considerable victory for the Oslo Process that so many States endorsed the Declaration, including the so-called “likeminded” States who do not support the total prohibition envisioned in the Draft Convention. Many of these “likeminded” States, however, agreed to the Declaration with the caveat that they interpreted the Declaration to imply that both the Draft Convention and the Compendium have equal standing as a basis for negotiations.
While the Wellington Conference succeeded in maintaining the integrity of the Draft Convention, negotiations at Dublin will not be easy. The proposals in the Compendium will have to be discussed at the risk of States withdrawing from the Process. As there was still no consensus on many of the key areas of the Draft Convention at the conclusion of the Wellington Conference, it will be a challenge to reach an agreement in Dublin on a treaty that will provide meaningful protection to civilians and keep the “likeminded” group of producers and stockpilers on board.
To read more…
WILPF Report on Wellington Conference 18 - 22 February
ANZ CMC Report on Wellington Conference
Official Documents
Wellington Declaration ENGLISH
Wellington Declaration SPANISH
Final list of countries subscribing to the Wellington Declaration