Thailand

Cluster Munition Ban Policy

Last updated: 21 July 2016

Summary: Non-signatory Thailand has expressed support for the convention’s humanitarian objectives, but has not taken any steps towards accession besides study the implications of joining. Thailand has participated in all of the convention’s meetings and voted in favor of a UN resolution on the convention in December 2015. Thailand is not known to have produced or exported cluster munitions, but it has imported them and possesses a stockpile. Thailand’s only known use of cluster munitions was in Cambodia during a February 2011 border dispute.

Policy

The Kingdom of Thailand has not acceded to the Convention on Cluster Munitions.

At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in October 2015, Thailand said it “recognises and supports the humanitarian principles, as well as the object and purpose” of the Convention on Cluster Munitions.[1] Its representative said, “We are in the process of verifying scope and meaning under the CCM [Convention on Cluster Munitions], with a view to possible accession in the future.”

In a statement to the high-level segment of the convention’s First Review Conference in September 2015, Thailand similarly stated that it has “been closely following developments with a view to consider acceding to the Convention once we are ready to fulfill its obligations.”[2] It noted the “growing number” of States Parties to the convention, which it said has “firmly established an international norm against the use of cluster bombs.”

Thailand has often expressed its support for the humanitarian objectives of the convention.[3] In June 2015, a government representative told the Monitor of Thailand’s desire to accede to the convention, but was unable to provide a timeline for when it might join.[4] After Thailand used cluster munitions in early February 2011 during a border conflict with Cambodia, Thailand’s Minister of Foreign Affairs, Kasit Piromya, told the UN Security Council, “We are seriously considering joining the Convention on Cluster Munitions.”[5] (See section on Use below.)

On 7 December 2015, Thailand voted in favor of a UNGA resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[6] Thailand did not explain why it voted to support the non-binding resolution, which 140 states voted to adopt, including many non-signatories.

Thailand participated in most of the diplomatic conferences of the Oslo Process that created the Convention on Cluster Munitions, but attended the formal negotiations in May 2008 only as an observer and did not sign the convention when it was opened for signature in Oslo in December 2008.[7]

As Thailand has noted, it remains engaged in the framework of the Convention on Cluster Munitions, despite the lack of accession. It participated as an observer in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. Thailand has attended all of the convention’s annual Meetings of States Parties as well as its intersessional meetings in Geneva in 2011–2015.

Thailand voted in favor of a UNGA resolution on 23 December 2015 that expressed outrage at the continued use of cluster munitions in Syria.[8]

Thailand is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.

Production, transfer, and stockpiling

Thailand is not known to have ever produced or exported cluster munitions.

Thailand possesses a stockpile of cluster munitions, but has not disclosed information on the types or quantities possessed. In December 2008, Thailand announced that it does not intend to acquire more cluster munitions.[9]

The United States (US) supplied Thailand with 500 Rockeye and 200 CBU-71 air-dropped cluster bombs at some point between 1970 and 1995.[10] Cluster Munition Monitor learned in January 2016 that Thailand also received 2,806 cluster munitions containing 850,268 submunitions from the US after the US War Reserve Stock in Thailand (WRS-THAI) was dissolved by a 2002 agreement.[11]

Thailand also possesses French-made NR-269 ERFB extended-range 155mm artillery projectiles, each containing 56 M42/M46-type[12] dual-purpose improved conventional munition (DPICM) submunitions.[13] Based on the types of submunitions identified in Cambodia after the February 2011 artillery strikes, Thailand also possesses a cluster munition that delivers M85 self-destructing DPICM submunitions.

Norwegian People’s Aid (NPA) has provided the government with advice and information on possible solutions for the destruction of Thailand’s stockpile of cluster munitions.[14]

Use

In 2009 and 2010, Thai and Cambodian military forces engaged in several brief skirmishes over disputed parts of the border near the Preah Vihear temple, resulting in claims and counter-claims of new antipersonnel mine use.[15] In February 2011, the Cambodian Mine Action Centre (CMAC), a government entity, claimed that Thai military forces fired cluster munitions during fighting on the border at Preah Vihear.[16] Separate missions by CMC members in February and April 2011 confirmed that ground-delivered cluster munitions were used by Thailand on Cambodian territory, including M42/M46 and M85-type DPICM submunitions.[17] The CMC urged Thailand to provide detailed information on the cluster munition strikes and encouraged both Cambodia and Thailand to join the Convention on Cluster Munitions without delay.

Thailand’s use of cluster munitions elicited widespread concern and a strong international response.[18] Thailand at first denied using cluster munitions.[19] It then stated that it “fully understands the concerns raised” over the cluster munition use and promised to “remain committed to engaging with the international community on this issue.”[20]



[1] Statement of Thailand, UNGA First Committee on Disarmament and International Security, New York, 26 October 2015.

[2] Statement of Thailand, Convention on Cluster Munitions First Review Conference, Dubrovnik, 7 September 2015.

[3] For example, in 2013, Thailand stated it “fully supports the humanitarian principles which lie at the core of the international efforts to tackle the inhumane weapons such as…cluster munitions.” Statement of Thailand, UN General Assembly (UNGA) First Committee on Disarmament and International Security, New York, 29 October 2013.

[4] Monitor meeting with Varapote Chensavasdijai, Senior Counsellor, Permanent Mission of Thailand to the UN in Geneva, Geneva, 22 June 2015.

[5] Statement by Kasit Piromya, Minister of Foreign Affairs of the Kingdom of Thailand, UN Security Council, New York, 14 February 2011. Government officials also expressed Thailand’s intent to accede to the convention in “the near future.” Statement of Thailand, Convention on Cluster Munitions Intersessional Meetings, Geneva, 27 June 2011. Notes by the CMC.

[6]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.

[7] For details on Thailand’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 245–246.

[8]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Thailand voted in favor of similar resolutions on 15 May and 18 December 2013, and on 18 December 2014.

[9] Interview with Cherdkiat Atthakor, Ministry of Foreign Affairs, Bangkok, 24 February 2010; and statement of Thailand, Convention on Cluster Munitions Signing Conference, Oslo, 4 December 2008. Notes by Landmine Action.

[10] US Defense Security Assistance Agency, Department of Defense, “Cluster Bomb Exports under FMS, FY1970–FY1995,” obtained by Human Rights Watch in a Freedom of Information Act request, 28 November 1995.

[11] Department of State, “Memorandum of Agreement between the UNITED STATES OF AMERICA and THAILAND Signed at Bangkok November 26, 2002.” The stockpile was comprised of 1,000 M483 munitions, 800 CBU-71 bombs, 432 M449A1 munitions, 200 CBU-58, 200 Mk-20 Rockeye II,100 CBU-52, and 74 CBU-87. The cluster munitions were stored at the Korat Munitions Storage Area at the time of the 2002 agreement. See, Andrew Haag, “Thailand received cluster munitions from the United States in 2002–2005,” 19 January 2016.

[12] The DPICM submunition is also often called a “grenade.” A certain amount of contradictory information exists publicly about the specific type of DPICM submunition contained in the NR269 projectile. France lists it as an “M42 type” in its initial Article 7 report in January 2011. Other international ammunition reference publications list the type as M46. There is little outward visual difference between the two types: the M46 DPICM is heavier/thicker and has a smooth interior surface. A portion of the interior of the M42 DPICM body is scored for greater fragmentation.

[13] NPA, “Impact Assessment Report: Preah Vihear Province, Cambodia,” undated, but circulated 3 April 2011. Both Canadian and South African companies were involved in the development of this weapon. “155 mm ERFB cargo projectiles,” Janes, articles.janes.com, undated.

[14] Email from Lee Moroney, Programme Manager, NPA, 17 August 2010.

[15] See, ICBL, Landmine Monitor Report 2009: Toward a Mine-Free World (Ottawa: Mines Action Canada, October 2009), pp. 243–244 and pp. 719–710; and ICBL, Landmine Monitor 2010: Toward a Mine-Free World (Ottawa: Mines Action Canada, October 2010).

[17] For full analysis of the 2011 use incident, see CMC, Cluster Munition Monitor 2011 (Ottawa: Mines Action Canada, October 2011), pp. 319–320. The missions were conducted by Cambodia Campaign to Ban Landmines and Cluster Bombs (on 9 February and 12 February) and NPA (1–2 April). CMC Press Release, “CMC condemns Thai use of cluster munitions in Cambodia,” 5 April 2011.

[18] For example, the Beirut Progress Report issued by the convention’s Second Meeting of States Parties stated: “Several states have reported actions reacting to the instance of use of cluster munitions by Thailand in 2011. This includes individual and joint demarches, support for fact-finding missions and condemnation of the use in public statements. The President of the Convention has also issued a statement, stating his concern over the use of cluster munitions. States and civil society have reported on how they follow up, in terms of actions to increase the understanding and knowledge of the Convention. States and civil society have had a good dialogue with Thailand.” “Draft Beirut Progress Report: Monitoring progress in implementing the Vientiane Action Plan from the First up to the Second Meeting of States Parties,” CCM/MSP/2011/WP.5, 25 August 2011.

[19] Guy De Launey, “Thailand ‘admits cluster bombs used against Cambodia,’” BBC News, 6 April 2011.

[20] Statement of Thailand, Convention on Cluster Munitions Intersessional Meetings, Geneva, 27 June 2011. Notes by the CMC.