Summary: State Party Palau ratified the convention on 19 April 2016. Palau has participated in nearly all of the convention’s meetings, including the First Review Conference in September 2015. Palau provided its initial Article 7 report within a month ratifying, which confirms it has not produced and does not stockpile cluster munitions, including for research or training purposes.

Policy

The Republic of Palau signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 19 April 2016. The convention will enter into force for Palau on 1 October 2016.

Palau has reported existing legislation under legal, administrative, and other measures to implement the convention, including its Constitution, which it states “prohibits use, production, and transshipment of cluster munitions.”[1] It also lists a June 2013 executive order issued by the president to formally establish an advisory committee on unexploded ordnance (UXO) to manage the country’s clearance activities.[2]

The day after it ratified, Palau submitted its initial Article 7 transparency measures report for the convention.[3] It previously provided a voluntary Article 7 report on 27 June 2011, covering calendar year 2010.

Palau joined the Oslo Process in February 2008 and played an active role in the Dublin negotiations.[4]

Palau’s ratification of the convention was delayed by the election of a new executive and congress in 2012.[5] In remarks issued upon depositing the ratification instrument, Palau’s representative to the UN in New York Ambassador Caleb Otto said becoming a State Party mattered to Palau “as a country that is contaminated by explosive remnants of war…and know[s] firsthand the importance of addressing the impact of cluster munitions and other remnants to keep our people safe.” He continued, “I urge all remaining states to follow suit and join the Convention.”[6]

Palau has participated in almost every Meeting of States Parties of the convention as well as the First Review Conference in Dubrovnik, Croatia in September 2015.[7] In an address to the high-level segment of the Review Conference, Ambassador Otto said “Palau will continue its role in promoting the Convention throughout the Pacific at its highest level of discussion with Pacific leaders” including at the Micronesian Chief Executive Summit, the Micronesian Presidential Summit, and the Pacific Island Forum Leaders’ Meeting. He promised to “rally and lobby the entire Pacific leadership toward ratifying” the convention.[8]

Palau attended the convention’s intersessional meetings in Geneva once, in April 2013. Since 2012, it has hosted several regional meetings to discuss implementation of a Pacific Islands Forum strategy to address unexploded ordnance contamination.[9]

On 7 December 2015, Palau voted in favor of the first UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention on “join as soon as possible.”[10]

Palau has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria.[11]

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

Palau is a State Party to the Mine Ban Treaty.

Use, production, transfer, and stockpiling

Palau has reported that it has no production facilities and no stockpile of cluster munitions, including for training and research purposes. It has not used or transferred cluster munitions.

Suspected to be contaminated by antipersonnel mines, and contaminated by unexploded ordnance (UXO).

Mine Ban Treaty Article 5 deadline: 18 May 2018

Recommendations for action 

• The Republic of Palau should complete survey of all areas suspected to contain antipersonnel mines, as soon as possible, especially the caves in the Umubrogol mountains (Bloody Nose Ridge) area of Peleliu state, to determine if any antipersonnel mines remain.
• Palau should comply with its obligation to submit annual Mine Ban Treaty Article 7 transparency reports, and should submit the report for 2015 as soon as possible.
• Palau should establish a national mine action program and strategy, including a centralized national database to collate information on contamination from mines and explosive remnants of war (ERW), and record survey and clearance operations.

Contamination

The extent to which Palau remains contaminated with antipersonnel mines is unclear. Palau is contaminated by UXO on many of its 200 islands, left over from World War II,[1] when it was the scene of a number of land and naval battles between Japanese and American forces. An estimated total of 2,800 tons (2.8 million kg) of ordnance was dropped or fired on Palau.[2] Much of this ordnance failed to detonate or was abandoned after the war, and as a result, an unknown amount of UXO remains on the land or in the sea, including in sunken ships.[3]

The NGO, Cleared Ground Demining (CGD), conducted a community survey on Peleliu island in late 2009 that found more than one-quarter of households or community infrastructure were contaminated with ERW.[4] Local inhabitants are exposed to ERW while hunting, fishing, collecting shellfish, and engaging in agricultural activities.[5] A follow-up survey of all households in Peleliu state and Angaur state was conducted in 2010, which led to further reports of contamination in agricultural areas, including taro fields and banana plantations, as well in traditional food gathering areas where the population collects land crabs and hunts fruit bats for food.[6]

Clearance efforts to date have included “a combination of ‘spot tasks’ in response to reports of UXO, visual battle area clearance of general areas and sub-surface clearance of specified areas, like walking tracks and around the power station.” The work has reportedly “been ‘complicated’ by the presence of UXO in caves, and also the presence of human remains and war artefacts in the areas where UXO are found.”[7]

In 2011, Palau stated for the first time in its Mine Ban Treaty Article 7 transparency report that it had mined areas on its territory. Contamination to date has included Japanese antivehicle and antipersonnel mines as well as sea mines, with antipersonnel mines reported in the Umubrogol mountains (Bloody Nose Ridge) and Death Valley regions of Peleliu State.[8] In its earlier Article 7 reports, Palau had declared no known or suspected mined areas.[9]

Subsequently, in its Article 7 transparency report for 2011 Palau stated that clearance had been completed of all antipersonnel mines at the only two areas with confirmed contamination. It was also reported that areas containing sea mines remained to be cleared. Palau further reported that areas containing abandoned antipersonnel mines remained in caves at Bloody Nose Ridge in the Umubrogol mountains in Peleliu State, recording that: “Landmines have been found stored in the complex cave and tunnel systems of the former battlefield. A total of 608 caves exist—operations have only taken place in 34 caves to date.”[10]

At that time, CGD confirmed that antipersonnel mine contamination was only of abandoned stockpiled mines.[11] In December 2011, in its statement to the Mine Ban Treaty Eleventh Meeting of States Parties, Palau claimed that it was not “obligated under the AP Convention to destroy emplaced antipersonnel mines because it never produced, stockpiled, used, nor transported them.”[12]

In its Article 7 report for 2012, Palau reported that “AP Landmines have been found on Bloody Nose during the course of ERW clearance over the past three years. The AP landmines have been found emplaced and fused but unarmed in the ground as well as stored within defensive cave and tunnel complexes,” and that “ongoing clearance operations are removing these AP Landmines.”[13] In addition, Palau also reported JE-type sea mines in two locations in Airai State, and affirmed that the mines had been used in both anti-boat and antipersonnel roles.[14] Palau also reported that its contamination “was a result of a fiercest battle fought in the Pacific during WWII. With such circumstance, Palau is seeking assistance toward island wide survey to know its mine[d] areas and or suspected mine[d] areas.”[15]

In December 2015, CGD reported having cleared laid and armed antipersonnel and antivehicle mines in Palau between January 2014 and November 2015. The location of clearance was not specified, but was believed to be Bloody Nose Ridge, Peleliu state.[16]

In addition, mine contamination was also believed to have been encountered during a “last Human Remains Mission” undertaken in 2015 by the Japanese government, and accompanied by the Palau Historic Preservation Office (HPO), also known as the Bureau of Cultural and Historic Preservation, under the Ministry of Community and Cultural Affairs (MCCA).[17] The government of Japan will reportedly undertake the clearance of caves on Peleliu, as part of the programme to repatriate WWII human remains to Japan.[18]

In its draft UXO plan 2016–2018, Palau records that “A total of 43 antipersonnel landmines have been cleared,” and that “it has ‘cleared all known mined areas’ in compliance with the Mine Ban Treaty.”[19]

Program Management

Palau is in the process of establishing a mine action programme to address its ERW/mine contamination. Under the authority of Executive Order No. 335 of 14 May 2013, issued by the Office of the President, a UXO Advisory Committee was established. It is composed of government ministries, states, agencies, and organisations. The Director of the Bureau of Domestic Affairs within the Ministry of State acts as the secretariat.[20] The committee has reportedly met a number of times since it was established, and an informal working group established in 2010 had also met prior to the establishment of the committee.[21]

A series of capacity-building workshops have been held with government officials from the UXO Advisory Committee, facilitated by Norwegian People’s Aid (NPA). The aim of the workshops was to support Palau’s development of a national UXO policy, a national UXO action plan, and draft national UXO standards. A first workshop was held in July 2015, a second in August 2015, and the third and final workshop in January 2016.[22]

An UXO Technical Working Group, consisting of representatives at working level from each ministry, Palau’s states, and other concerned organisations, has been established by the Advisory Committee. The UXO Technical Working Group assists the Advisory Committee with its work, particularly on the technical aspects of UXO destruction.[23]

Stategic planning 

The UXO Advisory Committee has overseen the development of the draft “UXO Policy 2016” and draft “UXO Action Plan 2016–2018,” which are expected to be endorsed and approved by Palau’s president towards the end of 2016.[24]

The draft UXO policy outlines government coordination measures and assigns responsibilities to the relevant ministries. It also formally documents the role of the UXO Advisory Committee.[25]

Palau, in conjunction with international partners including NPA, CGD, and Japan Mine Action Service (JMAS), is planning, coordinating, and implementing a nationwide, nontechnical survey (NTS), referred to in the UXO Action Plan as a “general UXO survey,” to confirm the UXO-affected areas of the country. NPA is conducting the NTS, which “will gather documentary information from a variety of sources, such as previous surveys, NGO progress reports, other ministries, states, police, construction agencies, dive operators and historical records. All data collected during the general survey is to be stored in IMSMA [the Information Management System for Mine Action].”[26]

Standards 

The UXO Advisory Committee is also tasked to determine rules and regulations for the quality and standard of work performed by agencies like the National Safety Office (in the Ministry of Infrastructure, Industries and Commerce), the police, international organizations, NGOs, and foreign militaries. These rules and regulations, known as “Palau UXO Standards,” are in the process of being drafted.[27]

NPA is currently supporting the Palau Safety Office in the drafting of the Palau UXO standards, based on the International Mine Action Standards (IMAS).[28] An initial workshop in August 2015 identified a list of 21 UXO standards needed in Palau—this included adopting certain IMAS in full, tailoring other IMAS to the situation in Palau, and developing some standards for situations unique to Palau. According to Palau’s draft UXO Action Plan 2016–2018, “This should not become a long and drawn-out process, and standards should be issued in draft form as soon as possible and then reviewed after six months of application.”[29]

Operators 

CGD has been conducting ERW and UXO clearance operations in Palau, both on land and in the sea, since 15 September 2009.[30] The clearance project is focused on Peleliu and Angaur—two southern islands of Palau—and aims to reduce the immediate risk of ERW on local communities and tourists.[31]

In 2012, the JMAS commenced work in Palau, with a focus on under-water UXO clearance. Their activities to date have included sealing depth charges on the “Helmet Wreck,” off Malakal, Koror, and undertaking underwater surveys.[32]

In 2015 and 2016, NPA has been assisting Palau to strengthen national capacity to manage and coordinate the UXO sector, and to help with undertaking surveys and UXO clearance. NPA started NTS operations in Palau on 15 September 2016, with the aim of completing NTS of all Palau’s states by the end of March 2017.[33]

Information management 

At present, no centralized database contains historical information or data relating to, for example, the location of UXO, past disposal of UXO, or the location of sunken ships, and which can be retrieved for planning and prioritization purposes.[34] NPA is supporting the Palau Safety Office to establish a national UXO database for the purpose of coordinating survey and clearance of UXO and mine contamination. The database uses IMSMA.[35]

Land Release

In December 2015, CGD reported having cleared five type 93 HE blast antipersonnel mines, which were laid and armed, in two separate caves, between January 2014 and November 2015.[36] CGD also reported clearing during the same period: one yardstick antivehicle mine, found on a beach; three JB spherical antivehicle mines, found in three separate locations, underwater and in mangroves; 12 JE HE blast mines, found in nine different locations (in mangroves and residences); and one improvised mine (using modified aircraft bomb components), found on a beach.[37] According to CGD, these mines can “be classed as anti-vehicle or anti-personnel (as both of those types deployed in World War II in Palau can be activated by people).”[38] These mines are covered by the Mine Ban Treaty.

NPA started NTS on 18 September 2016, in the state of Koror, and as of 12 October, had not found any evidence of antipersonnel mines in that state.[39]

Article 5 Compliance

Under Article 5 of the Mine Ban Treaty, Palau is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 May 2018.

Until recently, it was not believed that Palau had mined areas containing antipersonnel mines, other than a residual risk of contamination. Rather, it was thought the remaining mines were in abandoned stockpiles, which fall under Article 4 of the Mine Ban Treaty.

However, in December 2015, CGD reported clearing a number of emplaced antipersonnel mines between January 2014 and November 2015.[40] The mines should be reported by Palau in an Article 7 report and survey conducted of areas where antipersonnel mines may remain.

The Monitor gratefully acknowledges the contributions of the Mine Action Review supported and published by Norwegian People’s Aid (NPA), which conducted mine action research in 2016 and shared it with the Monitor. The Monitor is responsible for the findings presented online and in its print publications.

The Republic of Palau has a problem of unexploded ordnance and abandoned mine stockpiles dating from World War II. Many of the remnants are either unexploded or partially exploded. They are present both on land and underwater, thus posing a serious threat to the population, tourists, and the environment. In 2014, three donors contributed US$2.3 million to clear the mines.[1]

Cleared Ground Demining (CGD) was the recipient of the funds provided by Australia and the United States (US), while the Japanese funding was allocated through the Japan Mine Action Service.

International contributions: 2014[2]

Since 2012, when international assistance to Palau jumped from $240,000 to more than $2.5 million, funding from donors has averaged $2.3 million. 

Summary of international contributions: 2010–2014[3]

Note: N/A = not applicable