NATIONAL LEGISLATION ON CLUSTER MUNITIONS
Parliamentary involvement in the ratification process is crucial. Ratification requires states to adhere to the Convention at the national level, in accordance with that State’s specific domestic procedures for becoming party to international agreements. Typically this requires action by the state’s parliament and/or its executive, but for some states (those that use the Common Law legal system) parliament will also need to approve national legislation on cluster munitions to enable them to ratify. In addition all states should develop specific national legislation to implement the Convention but this is not needed in order to ratify and in many countries this is developed after a country has ratified.
To date eight countries have passed national legislation banning cluster munitions: Austria, Germany, Ireland, Japan, Luxembourg, New Zealand, Norway and the United Kingdom.
Austrian National Legislation
Belgian National Legislation
Amendement to Belgian National Legislation
Germany’s National Legislation
Ireland’s National Legislation
Luxembourg National Legislation
New Zealand’s Legislation
Norway’s National Legislation
United Kingdom’s National Legislation
To find out more information on the specific legislative processes click here.
TAKE ACTION Write to your MP to urge her or him to encourage the government to accede or ratify the Convention on Cluster Munitions. Below is a template letter you can adapt. The more you personalise your letter the more impact it will have. Introduce yourself and why you are motivated to write. Handwritten letters often have more impact. If you can include a relevant news clipping from a newspaper that will have even more impact.
Ratification letter for parliamentarians
Template letter urging parliamentarians to accede
RESOURCES
CMC Briefing Paper on the Convention on Cluster Munitions (English)
CMC Briefing Paper on the Convention on Cluster Munitions (French)
ICRC Ratification Toolkit (Français , Español)
This document contains information on the procedures that most states will have to follow in order to ratify or accede to the Convention. In addition it also contains a model “instrument of ratification” to the Convention that needs to be submitted to the UN Treaty Section at the Office of Legal Affairs.
ICRC Model Law on the Convention on Cluster Munitions
This is a piece of model legislation for States that use the Common Law legal system.
Fulfilling the Ban: Guidelines for Effective National Legislation to Implement the Convention on Cluster Munitions
Human Rights Watch (HRW) issued a report in June 2010 entitled “Fulfilling the Ban” that lays out the essential elements of strong national legislation needed to implement the Convention.
PARLIAMENTARY ACTION ON CLUSTER MUNITIONS
International Parliamentary Forums
A number of international parliamentary forums have been held in conjunction with Oslo Process conferences. These events have proved extremely valuable. They have allowed parliamentarians to engage with their counterparts from around the world who are also working to promote a ban on cluster bombs in their national contexts. These forums have also helped pressure governments both at Oslo Process Conferences through their participation and engagement with their government delegations, as well as by their action at home to monitor national positions, open up discussions and ask questions in parliament.
Parliamentary events on the Convention on Cluster Munitions
21 February 2007 - Oslo International Parliamentary Forum
22 May 2007 - Lima Civil Society Forum
4 December 2007 - Vienna International Parliamentary Forum
20 February 2008 - Petition handover to New Zealand Minister for Disarmament and Arms Control
27 May 2008 - Dublin International Parliamentary Forum
30 September 2008 - Kampala International Parliamentary Forum
2 December 2008 - Oslo International Parliamentary Forum
PARLIAMENTARY FRIENDS OF THE CMC
The work of parliamentarians is crucial to the success of the Oslo Process. Their engagement and collaboration with civil society helped ensure widespread political support for the comprehensive treaty that was adopted in Dublin in May 2008. This involvement will remain key during this next stage, where the focus of work will be on ensuring governments both ratify the Convention in domestic law and work to implement and promote it internationally.
As a result of discussions at these international parliamentary forums a network, the Parliamentary Friends of the CMC, was set up to facilitate the continued exchange of information between parliamentarians working to promote the CCM in their national contexts. Monthly updates are sent out to parliamentarians, summarizing actions that have been undertaken to promote universalisation of the Convention.
If you are a parliamentarian and would like to receive these updates please contact Kimberly Brown at kimberly@icblcmc.org