As well as banning cluster munitions the new treaty includes groundbreaking and important obligations to protect and promote the human rights of cluster munition victims and to ensure they receive the different kinds of assistance they need in order to be able to live full and active lives. The treaty also requires the clearance of cluster munitions that remain unexploded in affected countries. This clearance must take place within a specific deadline of five years. Clearance is crucial to prevent further casualties from the weapon.
To be effective, clearance work must also be accompanied by risk education efforts to ensure local populations understand the risks and dangers presented by unexploded cluster munitions. Most of the countries affected by cluster munitions are low income and have already stretched capacities to respond to these challenges. This is why the treaty obliges governments to provide international cooperation and assistance to make it possible for all states to meet their urgent humanitarian obligations under the treaty.
A SUMMARY OF THE KEY OBLIGATIONS ON STATES
Clearance of contaminated areas (Article 4)
States Parties are obliged to clear areas contaminated by cluster munitions as soon as possible but no later than 10 years after entry into force of the Convention for that State Party. States Parties have to report annually on the status and progress of clearance programmes, which should ensure that States start their clearance activities as soon as possible.
CMC believes that most affected countries should be able to clear contaminated areas well before the ten-year deadline. Should States Parties need more than 10 years to clear their contaminated areas, they may apply for extension periods of up to 5 years, but the extension period should not be longer than strictly necessary.
Article 4 also includes provisions for marking and fencing of contaminated areas, and provisions for risk reduction education.
Importantly, States Parties that have used cluster munitions in the past on the territory of another State Party are ‘strongly encouraged’ to provide assistance to help clear and destroy cluster munitions including provision of technical data on the location and nature of the cluster munitions strikes.
Victim assistance (Article 5)
This article adopts a holistic view of victim assistance by requiring states parties to ensure that victims of cluster munitions can enjoy their human rights.
States Parties are obliged to provide assistance to cluster munition victims including medical care, rehabilitation and psychological support and to assist social and economic inclusion. Cluster munition victims include all persons directly impacted by cluster munitions as well as their affected families and communities.
States Parties must develop a national action plan to implement victim assistance activities and designate a national focal point within the government for coordinating all matters related to this article. In their work on victim assistance States Parties must consult with and involve cluster munition victims and organisations working on this issue. States Parties should integrate victim assistance work into existing mechanisms to make it more cost-efficient and effective.
International cooperation and assistance (Article 6)
All States Parties in a position to do so are required to provide technical, material and financial assistance to States Parties affected by cluster munitions to assist with clearance, risk education, stockpile destruction and victim assistance including social and economic recovery.
In addition and as noted above, under the clearance obligations former user States Parties are strongly encouraged to provide assistance to States Parties who have been affected by their use of cluster munitions.