Slovakia

Cluster Munition Ban Policy

Last updated: 13 August 2015

Five-Year Review: Slovakia acceded to the convention on 24 July 2015, after developing, adopting, and implementing an action plan that guided the process to its successful conclusion. It will become a State Party to the convention on 1 January 2016. Slovakia is not known to have ever used cluster munitions, but it produced, exported, and imported them in the past. Slovakia has reported a stockpile of 899 cluster munitions. On 29 June 2015, it announced the destruction of 75 of those stockpiled cluster munitions.

Policy

The Slovak Republic acceded to the Convention on Cluster Munitions on 24 July 2015 and will become a State Party on 1 January 2016.

Slovakia acceded to the convention after its parliament approved an accession proposal (see below). It is unclear if Slovakia intends to enact specific implementation legislation for the convention.

Slovakia’s initial Article 7 transparency report for the convention is due by 28 June 2016. Slovakia actively participated throughout the Oslo Process that led to the creation of the Convention on Cluster Munitions, but repeatedly expressed its opposition to a categorical ban on cluster munitions. Slovakia joined the consensus adoption of the convention in Dublin in May 2008, but participated only as an observer at the convention’s Signing Conference in Oslo in December 2008.

After reviewing the convention, the government decided on 6 November 2008 that Slovakia would not to sign it in Oslo the following month.[1] However, it also adopted a decree committing to develop an action plan for Slovakia’s accession to the convention and establishing an inter-departmental process to prepare the plan.[2] Over the next six years, Slovakia monitored the convention’s development and regularly stated that it was in the process of drafting the action plan.[3]

On 15 January 2014, the government adopted the action plan to begin the process of accession with the aim of depositing the instrument by 30 June 2015. The Deputy Prime Minister shared the action plan with the CMC in April 2014, describing its approval as “a serious political commitment and significant step towards the accession to the Convention on Cluster Munitions in a realistic timeframe.”[4] The plan included an explanatory note that found “from the foreign policy point of view, it is undoubtedly beneficial and appropriate to accede to the convention.” The note listed factors contributing to Slovakia’s decision to join, including the convention’s “strong normative impact” and pressure to join from the international community as well as NGOs, particularly Amnesty International Slovakia.

On 15 April 2015, the government of Slovakia approved a resolution drafted by the Minister of Defense that proposed Slovakia’s accession to the Convention on Cluster Munitions.[5] The Prime Minister then submitted the accession proposal to parliament (the National Council) on 27 April 2015 for consideration and approval.[6] It was referred to a parliamentary committee on defense and security on 28 April 2015.[7] The committee considered the proposal on 2 June 2015 and approved it unanimously by a vote of nine in favor, none against, and two abstentions.[8] The committee recommended the National Council adopt the draft accession resolution.[9] On 26 June 2015, the National Council debated the accession proposal, during which four Council members spoke in support. One member of parliament described Slovakia’s proposed accession as a “positive and supportive” initiative.[10] The National Council then passed the draft resolution, unanimously by a vote of 128 in favour, none against, and two abstentions.[11]

President Andrej Kiska signed the accession decree on 15 July 2015. His office commented to media that by acceding to the convention, Slovakia “takes on not only the legal obligation, but a moral obligation to alleviate the tragic and inhumane consequences of war and armed conflict, especially for innocent civilians.”[12]

Deputy Permanent Representative of the Permanent Mission of the Slovak Republic to the UN Richard Galbavy deposited the instrument of ratification with the UN in New York on 24 July 2015. Slovakia was the 117th country to sign or accede to the convention and its 93rd State Party.

In April 2015, the Head of the Disarmament Department of the Ministry of Foreign Affairs, Karol Mistrik, informed the Monitor of Slovakia’s imminent accession and confirmed that it would participate in the convention’s high-level First Review Conference in Dubrovnik, Croatia in September 2015. Mistrik highlighted other “positive developments” on cluster munitions, namely the stockpile destruction that has been carried out by the Ministry of Defense[13] (see Stockpiling and destruction section below).

Slovakia has participated as an observer in two Meetings of States Parties of the Convention on Cluster Munitions (in 2011 and 2012), and it attended the convention’s intersessional meetings in Geneva for the first time in June 2015.

Slovakia has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[14]

Slovakia is a State Party to the Mine Ban Treaty.

Use

Slovakia is not known to have used cluster munitions and prior to its accession to the convention stated several times that it does not and will not use cluster munitions.[15]

Production, transfer, and stockpiling

Slovakia has produced, exported, and imported cluster munitions in the past and has a stockpile.

Slovakia stated in May 2010 that it would no longer acquire cluster munitions, but until the adoption of the action plan in January 2014, it had never made a public statement that it was no longer producing cluster munitions or committing to no further production.[16] In April 2014, the Deputy Prime Minister stated that “Slovakia has already stopped producing cluster munitions.”[17] He also stated that Slovakia’s “export control policy on cluster munitions does not allow for export or transfer of cluster munitions” in accordance with the requirements of the Convention on Cluster Munitions.[18]

The action plan’s explanatory note contains a section on “economic aspects” that lists the Slovakian company ZVS Holding as “the only manufacturer” of cluster munitions and describes ZVS Holding as the “research and development” wing of Konštrukta Defence (previously referred to by the Monitor as “KONŠTRUKTA Defence a.s.”). According to the note, ZVS Holding manufactured two types of cluster munitions:

  • A 152mm artillery projectile containing dual-purpose improved conventional munition (DPICM) type submunitions with a “self-destructing” capability.[19]
  • A 122mm “AGAT” rocket containing 50 dual-purpose and six incendiary submunitions; both types of submunition can self-destruct.

At some point, ZVS Holding apparently also offered a 98mm K-PT mortar bomb containing self-destructing DPICM-type submunition.[20]

According to the explanatory note, the “final delivery” of cluster munitions to “foreign partners” was in February 2010. It states that ZVS Holding produced 8,680 122mm AGAT rockets for Turkey and the United Arab Emirates from 1998–2010, and 602 cluster munitions for Slovakia’s Ministry of Defence from 1998–2001.[21]

Cluster Munition Monitor previously listed Slovakian company Technopol International as involved in the production of the AGAT 122mm cargo ammunition, but its relationship to ZVS Holding is presently unclear.[22] Technopol held licenses for the export of cluster munitions.[23]

Slovakia imported M26 rockets from Germany, most recently in 2005.[24]

The explanatory note found that Slovakia’s accession to the Convention on Cluster Munitions would likely have some impact on ZVS Holding’s business sector and could directly affect up to 100 production workers, technicians, and administrative staff, and 50 subcontractors.[25] However, it reported the loss of profit or jobs from stopping cluster munition production could be mitigated by redirecting production capacity to the destruction and delaboration of stockpiled cluster munitions.

Stockpiling and destruction

In January 2014, as part of the adoption of its action plan, Slovakia disclosed information on the types and quantities of its stockpile of 899 stockpiled cluster munitions, as detailed in the following table.[26]

Cluster munitions stockpiled by Slovakia (January 2014)[27]

Type of cluster munition

Quantity of cluster munition

122mm AGAT rockets

602

M26 rockets

67

RBK cluster bombs and 3,303 submunitions

95

KMG-U cluster bomb dispensers

135

Total

899

 

Under Article 3 of the Convention on Cluster Munitions, Slovakia is required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 January 2024.

In April 2015, Slovakia affirmed its commitment to destroy the stockpile and “fulfill all the requirements of the Convention within the given timeframe.”[28] In April 2014, the Deputy Prime Minister said Slovakia was “determined to honor our obligation and seek the necessary resources” to destroy the stockpile.[29]

During the 26 June 2015 parliamentary debate on accession to the convention, the Minister of Defense Martin Glvac stated that there are 669 cluster munitions and 10,872 submunitions to be destroyed and announced that the Ministry of Defense had destroyed 74 AGAT munitions and one RBK bomb.[30]

The 2014 action plan lists the Ministry of Defense as responsible for ensuring the destruction of the stockpiled cluster munitions by 2023 at an estimated cost of €5.5 million ($6.2 million USD).[31]

Retention

Slovakia has not indicated if it will retain cluster munitions for research or training purposes.



[1]Draft Action Plan for the Implementation of the Commitments of the Slovak Republic under the Convention on Cluster Munitions,” attached to Letter No. 590.736/2014-OKOZ, from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs, to Sarah Blakemore, CMC, 25 April 2014. For more details on Slovakia’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 239–242. In 2011, Wikileaks released three United States (US) diplomatic cables from the period January 2007 and May 2008 showing that the US consulted regularly with Slovakian government officials during the Oslo Process, specifically Karol Mistrik, then-Director of the Disarmament, Organization for Security Co-operation in Europe, and Counter-terrorism Department at Slovakia’s Ministry of Foreign and European Affairs. For example, see “Cluster munitions are not landmines,” US Department of State cable 07BRATISLAVA41 dated 22 January 2007, released by Wikileaks on 1 September 2011.

[2] On 6 November 2008, the Slovak government adopted a decree, No. 810/2008, on the “analysis of the Convention on Cluster Munitions and proposal for further action.” The decree required the Ministry of Defense, in cooperation with the Ministry of Economy and the Ministry of Foreign and European Affairs, to develop an action plan aimed at a gradual process leading to the fulfillment of obligations under the Convention on Cluster Munitions.

[3] The 2008 decree requested that the draft action plan be submitted to the government by December 2009, but the Ministry of Defense was granted an extension in order to produce an analysis of the cost implications of destroying and replacing Slovakia’s stockpiled cluster munitions. Letter from Katarína Bartosiewiczová, Ministry of Defense, 1 April 2010.

[4] According to Lajčák, the plan “defines practical measures and assigns specific tasks to relevant departments” to address all of the convention’s obligations and “identifies possible obstacles and puts forward optimal solutions.” It also identified the necessary legislative and other implementation measures as well as the process involved in preparing and submitting the accession package for approval. Letter No.590.736/2014-OKOZ, from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs, to Sarah Blakemore, CMC, 25 April 2014.

[5] Defense Minister, The Proposal for the accession of the Slovak Republic to the Convention on Cluster Munitions, Resolution of the Government of the Slovak Republic No. 177, 15 April 2015.

[6] National Council, “Proposal for accession of the Slovak Republic to the Convention on Cluster Munitions,” Parliamentary Paper 1505, 27 April 2015.

[8] Committee on Defense and Security, Minutes of the 75th meeting of the committee on Defense and Security, 2 June 2015.

[9] Speech of Rastislav Cepak , 53rd session of Parliament, 26 June 2015.

[10] Speech of Lubomir Galko, 53rd session of Parliament, 26 June 2015.

[11] National Council, Voting, 53rd session of Parliament, 26 June 2015.

[13] Letter No. 590.7564/2015-OKOZ, from Karol Mistrik, Director, Department for Disarmament and Counter-terrorism, Ministry of Foreign and European Affairs of the Slovak Republic, to Mary Wareham, Human Rights Watch (HRW), 16 April 2015.

[14]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. It voted in favor of similar resolutions on 15 May and 18 December 2013.

[15] In April 2014, the Deputy Prime Minister stated that “the Ministry of Defence of Slovakia has already banned the use of cluster munitions by the Slovak army.” Letter No.590.736/2014-OKOZ, from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs, to Sarah Blakemore, CMC, 25 April 2014. In 2009, the Minister of Defense stated that cluster munitions are not in service with Slovak troops deployed in military operations outside the territory of the Slovak Republic. Letter from Jaroslav Baška, Minister of Defense, 16 June 2009.

[16] In May 2010, Slovakia announced that its armed forces have “adopted a new policy of not purchasing cluster munitions.” The Minister of Defense confirmed in June 2010 that the “purchase of additional cluster munitions for the Armed Forces of the Slovak Republic is not expected.” Slovakia, “Position paper on the Cluster Munitions,” provided to the CMC by the Embassy of the Slovak Republic to the UK, London, 25 May 2010.

[17] Letter No.590.736/2014-OKOZ, from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs, to Sarah Blakemore, CMC, 25 April 2014.

[18] Ibid. He made a similar statement in a 2013 letter to the CMC that stated: “concerning the risk of proliferation, we fully adhere to the Convention on Cluster Munitions. The Slovak export control policy on Cluster Munitions, based on this principle, does not allow export of Cluster Munitions.” Letter No.101.381/2013-KAMI from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs, to Sarah Blakemore, CMC, 25 April 2013.

[19] Terry J. Gander and Charles Q. Cutshaw, eds., Jane’s Ammunition Handbook 2001–2002 (Surrey, UK: Jane’s Information Group Limited 2001), pp. 321 and 627.

[20] The Konštrukta Defence website lists the mortar bomb here and the status of the program is listed here.

[21] According to the note, anticipated exports to Cyprus, Poland, Turkey, and the United Arab Emirates were not concluded. The most extensive negotiations were apparently with the Turkish firm ROKETSAN, which supplies the Turkish army. In 2011, a contract was prepared to produce 8,000 AGAT cluster munition rockets at a cost of €25.6 million, but Turkish Ministry of Defense did not sign-off on it, apparently due to financial reasons..

[22] ZVS Holding a.s. website, “Products: special production,” undated; Technopol International website, “AGAT 122mm cargo ammunition,” brochure, undated; and Technopol International, “Products: AGAT 122mm cargo ammunition,” undated. In June 2011, a Technopol official informed the Monitor that the company advertised the 122mm AGAT rocket for export and had exported the weapon “many times” during the past 10 years that it had been produced. Telephone interview with Bajca Dusan, Director, Technopol, 13 June 2011. By July 2013, Technopol’s website no longer listed the 122mm AGAT rocket.

[23] According to the Ministry of Economy, the Technopol International licenses were issued on 22 September 2009 and 27 August 2009, and expired on 31 December 2010. Letter from Lubomír Kovačik, Ministry of Economy, 1 December 2009.

[24] In 2004, Germany transferred 270 M26 rockets and transferred another 132 in 2005. Submission of Germany, UN Register of Conventional Arms, Report for Calendar Year 2004, 26 May 2005; and Report for Calendar Year 2005, 1 June 2006. In February 2009, the Slovak Ministry of Defense reportedly cancelled further orders of M26 rockets. “Slovak Defense Ministry cancels orders for cluster munitions,” Zibb, 3 February 2009. The original source cited is the Slovak News Agency (SITA) website, Bratislava, BBC Monitoring.

[25] According to the note, no contracts were filled in 2010–2013. It found the market for cluster munitions “continues to decline” as an increasing number of states have joined the convention.

[26] Previously, in 2010, the Ministry of Defense provided the Monitor with a list of these types of cluster munitions, but not their quantities. Letter from Col. Boris Pittner, Deputy Director General, Ministry of Defense, 19 March 2010.

[28] Letter No. 590.7564/2015-OKOZ, from Karol Mistrik, Ministry of Foreign and European Affairs of the Slovak Republic, to Mary Wareham, HRW, 16 April 2015.

[29] Letter No.590.736/2014-OKOZ, from Miroslav Lajčák, Deputy Prime Minister and Minister of Foreign and European Affairs to Sarah Blakemore, CMC, 25 April 2014.