Cook Islands

Cluster Munition Ban Policy

Last updated: 07 June 2016

Summary: State Party the Cook Islands ratified the convention on 23 August 2011 after enacting implementing legislation to enforce the convention’s provisions. The Cook Islands participated in the Oslo Process that created the convention, but has not attended any meetings of the convention. The Cook Islands has yet to provide the transparency report required under the convention to formally confirm that it has never used, produced, transferred, or stockpiled cluster munitions.

Policy

The Cook Islands signed the Convention on Cluster Munitions on 3 December 2008, ratified on 23 August 2011, and became a State Party on 1 February 2012.

The Cluster Munitions Act of 2011 serves as the Cook Islands’ implementing legislation for the Convention on Cluster Munitions.[1]

As of 11 May 2016, the Cook Islands still had not provided its initial Article 7 transparency report for the Convention on Cluster Munitions, originally due by 30 July 2012.

The Cook Islands joined the Oslo Process in February 2008 and actively supported efforts to create a strong treaty text during the Dublin negotiations.[2]

The Cook Islands has not participated in any meetings of the convention since 2008.

The Cook Islands has not elaborated its views on certain important issues related to interpretation and implementation of the convention, such as the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, the prohibition on investment in production of cluster munitions, and the need for retention of cluster munitions and submunitions for training and development purposes.

The Cook Islands is party to the Mine Ban Treaty. It is not a party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

The Cook Islands has stated on several occasions that it does not use, develop, produce, or stockpile cluster munitions.[3]



[1] An Act to implement the Convention on Cluster Munitions in the Cook Islands and related matters, Law No. 8, 2011. The law establishes sanctions of up to 10 years of imprisonment and/or a fine of US$10,000 for an individual, or a fine of $20,000 for a corporation. For more details, see CMC, Cluster Munition Monitor 2011(Ottawa: Mines Action Canada, October 2011), p. 81.

[2] For more details, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 62.

[3] Email from Myra Patai, Director, International Organizations and Treaties, Ministry of Foreign Affairs and Immigration, 25 August 2011; and email from Myra Moekaa, Director, International Organizations and Treaties, Ministry of Foreign Affairs and Immigration, 28 August 2009.