Madagascar
Cluster Munition Ban Policy
Summary: Signatory Madagascar’s parliament enacted legislation approving ratification of the convention in May 2015 and the last remaining step is for it to deposit the ratification instrument. Madagascar has participated in almost all of the convention’s meetings and voted in favor of the first UN resolution on the convention in December 2015. Madagascar has condemned new use of cluster munitions and elaborated its views on several important issues for the interpretation and implementation of the convention. Madagascar states that it has never used, produced, transferred, or stockpiled cluster munitions.
Policy
The Republic of Madagascar signed the Convention on Cluster Munitions on 3 December 2008.
In October 2015, Madagascar informed states that it was awaiting promulgation of the ratification, which it described as “imminent.”[1] Madagascar’s national assembly adopted ratification legislation for the convention on 12 May 2015.[2] The legislation was enacted on 8 June 2015.[3]
Until recently, Madagascar has provided regular updates on its ratification process for the Convention on Cluster Munitions, which was delayed for a period following a political crisis that followed a 2009 coup and subsequent transitional government arrangement.[4]
On 7 December 2015, Madagascar voted for the first UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[5]
Madagascar participated in the Oslo Process that created the Convention on Cluster Munitions and advocated for a strong and comprehensive convention text.[6]
Madagascar participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. It has attended every Meeting of States Parties of the convention and its intersessional meetings in Geneva in 2011–2015.
Madagascar has condemned new use of cluster munitions on several occasions. In June 2015, it condemned the use of cluster munitions “by any actor under any circumstances.”[7] Previously in April 2014, it stated it “strongly condemns” the use of cluster munitions and urged all states to respect the provisions of the convention.[8] In September 2013, Madagascar stated it “forcefully condemns the use of these weapons that do nothing but make innocent civilians suffer, as is happening in Syria.”[9] Madagascar has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[10]
Interpretive Issues
Madagascar has elaborated its views on several important issues relating to interpretation and implementation of the Convention on Cluster Munitions. It has stated that any investment in cluster munitions should be prohibited because of the unacceptable suffering caused by these weapons.[11] Similarly, it has stated that it would not allow any transit or foreign stockpiling of cluster munitions on its territory.[12] In regard to the issue of “interoperability,” Madagascar has stated it would refuse to provide assistance in military operations with states not party to the convention who might use cluster munitions and that in its view “assistance to prohibited acts during joint military operations with non State Parties is not permitted by the Convention.”[13]
Madagascar is party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Madagascar has stated on several occasions that it has never used, produced, transferred, or stockpiled cluster munitions.[14]
[1] “Décret de promulgation,” statement of Madagascar, UN General Assembly (UNGA), First Committee, 70th Session, 8th Meeting, New York, 16 October 2015.
[2] National Assembly, “Loi n.2015-012 autorisant la ratification de la Convention de Dublin (IRLANDE) sur les armes à sous-munitions,” 12 May 2015.
[3] Secretary General of the National Assembly, “Tableau recapitulative des lois adoptees pendant l’anne 2014-2015,” 7 August 2015.
[4] In September 2013, Madagascar informed States Parties that presidential and parliamentary elections meant a return to constitutional order that would allow ratification of the convention to move forward in 2014. See also, statement of Madagascar, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013; CMC meeting with Olivier Volatahiana Ranaivomanana, Head of Division of Political and Security Affairs, Ministry of Foreign Affairs, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 10 September 2013; Letter No. 361-13/RP/GNV/CCM to Mary Wareham, Human Rights Watch, from Solofo Andrianjatovo Razafitrimo, Permanent Mission of Madagascar to the UN in Geneva and Vienna, 24 April 2013; statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 17 April 2012; and statement of Madagascar, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.
[5] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[6] For details on Madagascar’s cluster munition policy and practice up to early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 114.
[7] Statement of Madagascar, Convention on Cluster Munitions Intersessional Meetings, Geneva, 23 June 2015.
[8] Ibid., 7 April 2014. Unofficial translation by the Monitor.
[9] Statement of Madagascar, Convention on Cluster Munitions Fourth Meeting of States Parties, Lusaka, 11 September 2013. Unofficial translation by the Monitor.
[10] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Madagascar voted in favor of similar resolutions on 15 May and 18 December 2013, and in 2014.
[11] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; and letter from Amb. Rajemison Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010.
[12] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; statement by Gen. Marcel Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008; and letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010.
[13] Statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010. When signing the convention in 2008, the foreign minister said that the question of “interoperability” (joint military operations with states not party) should not constitute a barrier for countries to sign the convention. He stated that the goal is to encourage those outside of the convention not to resort to the use and transfer of cluster munitions. Statement by Gen. Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008.
[14] Statement of Madagascar, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013. Notes by Action on Armed Violence (AOAV); statement of Madagascar, Convention on Cluster Munitions First Meeting of States Parties, Vientiane, 10 November 2010. Notes by the CMC; letter from Amb. Rakotomaharo, Permanent Mission of Madagascar to the UN in Geneva, 2 April 2010; and statement by Gen. Ranjeva, Minister of Foreign Affairs, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008.