Pakistan
Cluster Munition Ban Policy
The Islamic Republic of Pakistan has not acceded to the Convention on Cluster Munitions.
Pakistan has never made a statement to explain its position on joining the convention. In November 2011, Pakistan repeated its long-held view that cluster munitions are legitimate weapons with military utility, but said it “recognizes the serious humanitarian consequences stemming from the indiscriminate use of cluster munitions and as such welcomed efforts to mitigate their negative consequences.”[1] Pakistan has also stated that it is opposed to the use of cluster munitions against civilians.[2]
Pakistan has argued that the problem with cluster munitions is not the weapon itself, but its “irresponsible use.”[3] In 2009, a government official said that “in view of Pakistan’s security environment and legitimate defence needs, we do not support a ban on use, production, and transfer of cluster munitions due to their military utility.”[4]
Pakistan has previously expressed its preference for cluster munitions to be addressed through the framework of the Convention on Conventional Weapons (CCW) and not through “extra-UN mechanisms” such as the Convention on Cluster Munitions.[5] Pakistan was generally in favor of the conclusion of the draft protocol on cluster munitions, but waivered in its support for the draft chair’s text, which it largely perceived to be too strong. It is not known if Pakistan is reviewing its position on joining the ban convention following the November 2011 failure of the CCW's Fourth Review Conference to conclude the protocol.
Pakistan did not participate in the Oslo Process that created the Convention on Cluster Munitions and has not attended any of the regional or international diplomatic meetings related to the convention.[6]
Pakistan is not party to the Mine Ban Treaty. Pakistan is party to the CCW.
Use, production, transfer, and stockpiling
Pakistan has often stated that it has never used cluster munitions.[7]
Pakistan Ordnance Factories (POF) produces and offers for export M483A1 155mm artillery projectiles containing 88 M42/M46 dual-purpose improved conventional munition (DPICM) grenades.[8] The South Korean company Poongsan entered into a licensed production agreement with POF in November 2004 to co-produce K-310 155mm extended-range DPICM projectiles in Pakistan at Wah Cantonment. While the ammunition is being produced for Pakistan’s army, the two firms have said they will also co-market the projectiles to export customers.[9] The Pakistani army took delivery of the first production lots in April 2008.[10]
Jane’s Information Group reports that the Pakistan Air Weapons Center produces the Programmable Submunitions Dispenser (PSD-1), which is similar to the United States (US) Rockeye cluster bomb and dispenses 225 anti-armor submunitions. Jane’s Information Group states that the Pakistan National Development Complex produces and markets the Hijara Top-Attack Submunitions Dispenser (TSD-1) cluster bomb. It lists Pakistan’s Air Force as possessing BL-755 cluster bombs.[11] The US transferred 200 Rockeye cluster bombs to Pakistan at some point between 1970 and 1995.[12]
Pakistan has a longstanding export moratorium on antipersonnel landmines, but it does not have any similar measures in place to curb exports of cluster munitions.[13]
On 15 September 2011, the London-based arms expo Defence & Security Equipment international (DSEi) permanently closed the POF stand and Pakistan’s Defence Export Promotion Organisation pavilion after promotional material was found at both locations listing cluster munitions available for sale.[14] Pakistani authorities reportedly stated that cluster munitions were not offered for sale by Pakistan at DSEi.[15] Similar concerns were raised during the 2009 DSEi arms fair, when POF was found to be advertising the 155mm extended range (base bleed) DPICM cluster munition.[16]
In a 13 October 2011 letter to Prime Minister Yousuf Raza Gilani, Human Rights Watch urged Pakistan to join the Convention on Cluster Munitions and, as an interim step towards acceding, urged Pakistan to “abide by the spirit and intent” of the convention’s provisions, “including by instituting a prohibition on the transfer of cluster munitions manufactured by Pakistan Ordnance Factory and any other Pakistani entities.”[17]
[1] Statement of Pakistan, Convention on Conventional Weapons (CCW) Fourth Review Conference, Geneva, 15 November 2011, www.unog.ch/80256EDD006B8954/(httpAssets)/E6B813E403B8B712C12579570047A84F/$file/4thRevCon_PAKISTAN.pdf.
[2] Statement of Pakistan, CCW Meeting of States Parties, Geneva, 25 November 2010. Notes by Action on Armed Violence (AOAV); and statement of Pakistan, CCW Meeting of States Parties, Geneva, 12 November 2009. Notes by Landmine Action.
[3] Statement of Pakistan, CCW Group of Governmental Experts on Cluster Munitions, Geneva, 30 August 2010.
[4] Letter from Dr. Irfan Yusuf Shami, Director-General for Disarmament, Ministry of Foreign Affairs, 16 February 2009.
[5] Pakistan, Explanation of vote on UN General Assembly First Committee on Disarmament and International Security draft resolution A/C.1/63/L.56, “Convention on Cluster Munitions,” (UNGA 63/71), 63rd Session, 30 October 2008.
[6] For more details on Pakistan’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice(Ottawa: Mines Action Canada, May 2009), pp. 225–226.
[7] Statement of Pakistan, CCW Fourth Review Conference, 15 November 2011, www.unog.ch/80256EDD006B8954/(httpAssets)/E6B813E403B8B712C12579570047A84F/$file/4thRevCon_PAKISTAN.pdf; statement by Amb. Masood Khan, CCW Meeting of States Parties, Geneva, 7 November 2007; and statement of Pakistan, CCW Meeting of States Parties, Geneva, 12 November 2009. Notes by Landmine Action.
[8] POF, “Products, Ordnance, Artillery Ammunition, 155mm HOW HE M483A1-ICM,” www.pof.gov.pk.
[9] “Pakistan Ordnance Factory and Korean Firm Sign Ammunition Pact,” Asia Pulse (Karachi), 24 November 2006.
[10] “Pak Army Gets First Lot of DPICM Ammunition,” PakTribune, 13 April 2008, www.paktribune.com/news/print.php?id=199385.
[11] Robert Hewson, ed., Jane’s Air Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), pp. 389 and 843. BL-755s were manufactured by the United Kingdom (UK).
[12] US Defense Security Cooperation Agency, Department of Defense, “Cluster Bomb Exports under FMS, FY1970–FY1995,” 15 November 1995, obtained by HRW in a Freedom of Information Act request, 28 November 1995.
[13] Pakistan announced a comprehensive moratorium of unlimited duration on the export of antipersonnel landmines in March 1997 that was strengthened after the adoption of the Mine Ban Treaty with a February 1999 regulation making the export of antipersonnel mines illegal.
[14] This included the 155mm extended-range (base bleed) DPICM projectiles containing 45 submunitions and the 155mm M483A1 cluster munition containing 88 submunitions, both manufactured by POF. The UK is a State Party to the Convention on Cluster Munitions so the references to equipment were found to breach UK Government Export Controls and DSEi’s contractual requirements.
[15] Saba Imtiaz, “London exhibition controversy: Pakistan says no brochures listed cluster munitions,” The Express Tribune, 21 September 2011, www.tribune.com.pk/story/256773/london-exhibition-controversy-pakistan-says-no-brochures-listed-cluster-munitions/.
[16] “Evidence submitted by the UK Working Group on Arms (UKWG),” Strategic Export Controls (UK Parliament), November 2010, www.publications.parliament.uk/pa/cm201011/cmselect/cmquad/writev/arms/m5.htm.
[17] Letter to Prime Minister Yousuf Raza Gilani from Steve Goose, Arms Division and Brad Adams, Asia Division, HRW, 13 October 2011.www.hrw.org/sites/default/files/related_material/Download%20the%20letter.pdf.