Cluster Munitions

David Lidington Excerpts

Wednesday 9th November 2011 Commons Chamber

[The Minister for Europe (Mr David Lidington)]

I congratulate the hon. Member for Gower (Martin Caton) on securing the debate and on the way he has for some years in this place consistently championed the cause of eliminating cluster munitions from the world. He has been tireless in drawing the matter to the House’s attention and in insisting that it should be high on the political agenda of successive Governments. I also want to acknowledge the presence here and contributions of the hon. Member for Strangford (Jim Shannon), my right hon. Friend the Member for Tonbridge and Malling (Sir John Stanley) and my hon. Friends the Members for Stafford (Jeremy Lefroy) and for Wells (Tessa Munt).

I start by stating unequivocally that the UK and the Government remain fully committed to the objective of ridding the world entirely of cluster munitions. As the hon. Member for Gower said, the UK was one of the original 46 states to join the negotiating process for a convention to prohibit the use, development, production, acquisition, stockpiling and transfer of such munitions. Those negotiations ultimately led to the coming into force of the convention on cluster munitions.

It is fair to say that the previous Government and previous Prime Minister are entitled to take pride in the part that they played in that. I remember speaking from the Opposition Front Bench when the Bill that became the Cluster Munitions (Prohibitions) Act 2010 was going through its stages in the House of Commons. I am glad that that legislation was taken through without amendment and with almost universal cross-party support.

The 2010 Act paved the way for this country to ratify the convention, enabling us to become the 32nd state party to the convention in November last year. It comprehensively implemented in UK law the obligations set out in the convention and it prohibited activity including the use, stockpiling, production and transfer of cluster munitions from taking place within the UK, and by any UK national wherever in the world they might be. The Act also established appropriate penalties and enforcement mechanisms, up to a 14-year prison sentence.

The convention on cluster munitions is rightly recognised as one of the most significant disarmament treaties of recent years. It is a great testament to what can be achieved by states and non-governmental organisations working together. I want to make it absolutely clear that, for this Government, the convention remains the gold standard for work on cluster munitions—the standard that we want all countries to aspire to and to accept and to which this country is determined to adhere.

We take our obligations under the convention very seriously. Immediately after signing the convention in May 2008, the United Kingdom withdrew all cluster munitions from operational service. That represented some 38 million sub-munitions. The United Kingdom then began the active destruction of these stockpiles in anticipation of ratification. I am pleased to be able to tell the House that so far we have already destroyed nearly two thirds of those stockpiles, or some 25 million sub-munitions. Under current plans, it is our intention to destroy the remainder by the end of 2013, or five years ahead of the deadline imposed by the CCM. This represents an early and dedicated effort to realise as quickly as possible, and in a safe, secure and environmentally responsible manner, our obligation to destroy munitions that are prohibited by the convention. We have shared the experience that we have gained and the lessons learned from that stockpile destruction programme with other signatories, and those countries have appreciated that advice and assistance.

At the same time, we have played a full role in delivering on our treaty obligations regarding international co-operation and assistance. Between 2010 and 2013, the United Kingdom will spend more than £30 million on mine action work. This includes the clearance of unexploded ordnance, including cluster munitions, around the world. In addition to this programme, we have allocated significant additional funding for mine action work in Afghanistan and Libya. The provision of this assistance is based on our published mine action strategy, which includes three main objectives: first, to release land affected by the explosive remnants of war so that it can make a measurable contribution to the socio-economic development of affected communities; secondly, to help Governments to take full responsibility for their national mine action programmes; and thirdly, to improve value for money in mine action.

With this strategy, we are concentrating our support on the states in greatest need. As recognised in the Vientiane action plan agreed at the first meeting of the states party to the convention on cluster munitions, the United Kingdom believes that particular attention should be paid to the world’s poorest, least developed states. Our strategy therefore gives priority to work that helps those countries first. Specific examples of assistance programmes include £27 million for two partners—the Mines Advisory Group and the HALO Trust—principally for operations in Cambodia, the Democratic Republic of the Congo, Iraq, Laos, Mozambique, South Sudan and Vietnam; and a further £5 million granted to the UN Voluntary Trust Fund that is supporting mine action in countries including Afghanistan, Cambodia, the Democratic Republic of the Congo, Iraq, Laos and Mozambique. We are fully committed to international co-operation and assistance. In just six months of our sponsored projects starting in Cambodia, Laos, Mozambique and Vietnam, 2.5 million square metres of land considered a high priority by those Governments for their national planning purposes had been cleared and returned to communities for productive use.

In addition to these efforts, the Government are fully committed to seeking a global ban on cluster munitions. That is a Government priority, and we continue to promote the universalisation of the CCM during all relevant bilateral meetings, as well as in multilateral forums.

Most recently, the UK, in partnership with non-governmental organisations and the International Committee of the Red Cross, hosted a workshop for Commonwealth countries, which was opened by my noble friend Lord Howell. The UK remains fully committed to the convention on cluster munitions and to a world free of cluster munitions. That is the standard we shall adhere to, that all states should aspire to and that we will continue to promote.

We cannot ignore the fact that, as the hon. Gentleman said, according to some estimates, 85% to 90% of the world’s stockpiles of cluster munitions are held by countries that are not parties to the Oslo agreements and to the convention. Nor can we ignore the fact that, sadly, there is little prospect of the non-Oslo states becoming parties to the convention on cluster munitions any time soon. That is a matter of profound regret. We continue to urge those countries, from the greatest to the smallest, to move forward and join the CCM.

It is in that context that negotiations have been under way for some time for a draft protocol VI on cluster munitions, within the convention on certain conventional weapons. The UK, along with the vast majority of signatories to the convention on cluster munitions, has participated constructively in those negotiations, but it has done so with a clear objective. We are determined to ensure that any protocol on cluster munitions that emerges from the talks for adoption by the CCW parties is complementary to and does not contradict the rights and obligations of states parties to the convention on cluster munitions. We also want to ensure that the additional humanitarian benefit that any proposed protocol would deliver is significant and demonstrable.

We think that working with the world’s major producers and users of cluster munitions towards a full prohibition—I emphasise that last phrase—is entirely consistent with our obligations under the CCM and that it would be irresponsible of us to refuse to engage with the countries that we wish to persuade to move towards adoption and implementation of the CCM, but which have so far refused to do so.

[Martin Caton]

I can see that the Government might be able to find a form of words that does not apparently contradict the CCM. However, these countries obviously will not give us a protocol that includes a complete ban, so what will happen in practice is that a green light will be given to some of the worst munitions, such as the M85. In practice, if the protocol goes through, it will contradict the existing convention and it will be very dangerous.

[Mr Lidington]

Negotiations are under way and we have a seat at the table. I think that we are right to take part in those talks. However, we are a long way from seeing a protocol that we regard as worth debating or as acceptable in any way.

I will go into a little more detail. The negotiations on protocol VI have produced a draft protocol that would see states that agreed to be bound by it take on a legally binding obligation to prohibit the use of pre-1980 stocks of cluster munitions. We reckon that that could account for a third of the world’s stockpile of these munitions. The draft protocol, as it currently stands—of course, it may be subject to change—would also create obligations regarding victim assistance, clearance of cluster munition remnants and reporting on stockpiles.

Some of those things, of themselves, would be a step forward, but we are disappointed by the progress achieved during negotiations on a draft protocol VI. Our approach to those talks remains unchanged. We will participate in negotiations at the CCW review conference this month, with the aim of getting the best possible result, and we will be guided by our determination to deliver a significant humanitarian outcome and, crucially, not to undermine the progress made under the Oslo treaty. We will therefore continue to press the world’s users and producers to give up more, to be more transparent and to be explicit in their commitment to work towards a world entirely free of cluster munitions.

Given that negotiations are ongoing and this review is about to start, it would not be right for me to go into further detail about the UK’s negotiating position at the Geneva conference, or to speculate on what the outcome of those negotiations might be. I can tell the House that the UK will take a view based on whatever final draft protocol might result from the negotiations between the CCW parties, but the UK Government remain firm in their commitment to the integrity of the CCM, to maintaining it as the gold standard and to ensuring that nothing that might be agreed—it is hypothetical at the moment—for protocol VI to the CCW undermines or contradicts countries’ obligations under the CCM. That is how we propose to take things forward.