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Ban on cluster munitions

Reply to Recommendation | Doc. 12341 | 15 July 2010

Committee of Ministers
adopted at the 1090th meeting of the Ministers’ Deputies (7 July 2010) 2010 - Fourth part-session
Reply to Recommendation
: Recommendation 1871 (2009)
1. The Committee of Ministers has carefully reviewed Parliamentary Assembly Recommendation 1871 (2009) on a “Ban on cluster munitions”, in the light of Parliamentary Assembly Resolution 1668 (2009) , and both texts have been brought to the attention of member states’ governments. It has also communicated them to the Steering Committee for Human Rights (CDDH) and to the Committee of Legal Advisers on Public International Law (CAHDI).
2. The Committee of Ministers is fully aware of the suffering caused by cluster munitions to civilians and of the dangers these weapons expose them to. Cluster munitions also impede post-conflict rehabilitation and reconstruction and can delay or prevent the return of refugees and internally displaced persons as well as negatively impact on national and international peace-building and humanitarian assistance efforts. The Committee agrees with the Assembly to ban those cluster munitions that cause unacceptable harm to civilians and have other severe consequences that can persist for many years after use.
3. The Committee welcomes the fact that, since the adoption of the Assembly’s recommendation, the number of ratifications of the Convention on Cluster Munitions has increased to 30 and that thus the convention will enter into force on 1 August 2010. It notes that a large number of Council of Europe member states have either ratified or signed the convention (ratifications: 17; signatures: 15) and encourages all member states which have not yet done so to sign and ratify as soon as possible. It agrees with the Assembly that pending such time as they become parties to the convention, they should sign and ratify Protocol V on Explosive Remnants of War to the UN Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects.