Summary: Non-signatory Argentina adopted the convention in 2008, but it has not undertaken any steps to accede. Argentina again abstained from voting on a key UN resolution on the convention in December 2016. It has participated in almost all of the convention’s meetings.Argentina imported cluster munitions in the past, but states it has never used or exported them. Argentina also states that it destroyed its stocks of cluster munitions before the convention and has no intention to produce them in the future.
The Republic of Argentina has not acceded to the Convention on Cluster Munitions.
Argentine officials rarely comment on the government’s position on accession to the convention and last did so in November 2015. At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in November 2015, Argentina explained the reasons why it abstained from the vote on a UNGA resolution on the Convention on Cluster Munitions, which calls on states outside the convention to “join as soon as possible.” It said “we do not find ourselves in a position to be able to sign” the convention at this time. In December 2016, Argentina abstained from the vote on a similar UNGA resolution on the treaty banning cluster munitions but did not explain the reason for its abstention.
Argentina actively participated in the Oslo Process and joined in the consensus adoption of the Convention on Cluster Munitions at the conclusion of the negotiations in Dublin on 30 May 2008, but was absent from the Oslo Signing Conference in December 2008.
Argentina said it participated in the creation of the treaty in order to lobby for “a total ban” on cluster munitions achieved on “a non-discriminatory basis.” It has listed the same concerns that it has held since the convention was adopted in 2008, with respect to its definition of a cluster munition and the provision guiding relations with non-signatories (Article 21 on “interoperability”). Argentina regards the convention’s prohibitions as “discriminatory in nature” as they are not “comprehensive” and “specifically define one excluded category developed by some countries.” Argentina also alleged that the convention permits or allows States Parties to participate in joint military operations with countries that use cluster munitions. It claimed the convention “dispenses with the notion of complicity, which arises when one party participates in a prohibited or banned act.”
At the beginning of the Oslo Process, Argentina supported technical solutions to the cluster munition problem, noting that it was developing a new generation of cluster munitions with low failure rates. It supported a definition that would have exempted cluster munitions containing submunitions equipped with self-destruct mechanisms. During the process its position evolved into support of a broad definition prohibiting all cluster munitions and a total ban without exceptions. Argentina strongly objected Article 21 of the convention and has long described this provision as a potential loophole allowing for cluster munition use.
Argentina has participated as an observer in all of the convention’s Meetings of States Parties, including the Sixth Meeting of State Parties in Geneva in September 2016. It attended the First Review Conference in Dubrovnik, Croatia, in September 2015 and participated in the convention’s intersessional meetings in Geneva in 2011–2014 as well as regional workshops on the convention, most recently in Santiago, Chile, in December 2013.
In October 2014, Argentina—in its capacity as president of the Security Council for that month— expressed concern at the use of cluster munitions in Ukraine, stating, “We are naturally deeply perturbed by the reports of the use of cluster bombs in densely populated areas.” Argentina has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015. It has voted in favor of Human Rights Council resolutions condemning the use of cluster munitions in Syria, most recently in July 2015.
Argentina is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
CMC member Association for Public Policy (Asociación Para Politicas Publicas, APP) campaigns for Argentina’s accession to the Convention on Cluster Munitions.
Use, production, transfer, and stockpiling
Argentina is not known to have ever used or exported cluster munitions. It does not currently produce or stockpile cluster munitions, but in the past imported and stockpiled them, and had the beginnings of a production program.
In 2009, Argentina stated that, “the Republic of Argentina doesn’t have cluster munitions, it hasn’t utilized or transferred them.” The government has said it has no intention to produce cluster munitions in the future.
In the past, the Armed Forces Center for Technical and Scientific Research (Centro de Investigaciones Técnicas y Científicas de las Fuerzas Armadas, CITEFA) developed and initiated production of the CME 155mm artillery projectile, which contains 63 dual-purpose improved conventional munition (DPICM) submunitions equipped with a backup pyrotechnic self-destruct mechanism. According to military officials, this effort did not reach full-scale production and was dismantled, and the projectiles were never fielded by the armed forces of Argentina.
In May 2007, Argentina stated that it had already destroyed its stocks of cluster munitions. Military officials informed Human Rights Watch (HRW) in September 2006 that stocks of French BLG-66 Belouga and US Rockeye air-dropped bombs were destroyed by 2005.
 At a regional workshop on cluster munitions in Santiago, Chile, in December 2013, a representative from Argentina said there has been no change in the government’s position on joining since it adopted the convention in 2008. Statement of Argentina, Regional Workshop on Cluster Munitions, Santiago, 12 December 2014. Notes by the CMC.
 UN, “Speakers in First Committee Decry Destructive Force of Indiscriminate Weapons While Some Defend Need for National Protection, Approving 11 More Drafts,” GA/DIS/3540, 4 November 2015; and statement of Argentina, UNGA First Committee on Disarmament and International Security, New York, 4 November 2015. See, UN, “Record of First Committee 24th meeting,” A/C.1/70/PV.24, 4 November 2015.
 Statement of Argentina, UNGA First Committee on Disarmament and International Security, New York, 4 November 2015. See, UN, “Record of First Committee 24th meeting,” A/C.1/70/PV.24, 4 November 2015.
 UNGA Resolution 71/45, “Implementation of the Convention on Cluster Munitions,” 5 December 2016.
 For details on Argentina’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. 185–188.
 Statement of Argentina, Oslo Conference on Cluster Munitions, 22–23 February 2007. Notes by the CMC/Women’s International League for Peace and Freedom (WILPF).
 Statement of Argentina, Lima Conference on Cluster Munitions, 23–25 May 2007. Notes by the CMC/WILPF; and CMC, “CMC Report on the Lima Conference and Next Steps,” May 2007.
 In September 2011, Wikileaks released a United States (US) Department of State cable showing that US officials met with Argentina’s Ministry of Foreign Affairs during the Dublin negotiations of the Convention on Cluster Munitions on 15 May 2008. According to the cable, “The Argentine Foreign Ministry theoretically supports a total ban on cluster munitions but, in fact, expects and is counting on a decision of partial prohibition.” “Argentina on the Oslo Process,” US Department of State cable dated 19 May 2008, released by Wikileaks on 1 September 2011.
 CMC Latinoamerica regional briefing, Beirut, 15 September 2011. Notes by the CMC; and letter from the CMC to Jorge Enrique Tariana, Minister of Foreign Affairs, 31 May 2010. See also, Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 186–187.
 Provisional report of the 7287th meeting of the UN Security Council, S/PV.7287, 24 October 2014, p. 21.
 “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Argentina voted in favor of similar resolutions on 18 December 2013 and in 2014.
 See, “The grave and deteriorating human rights and humanitarian situation in the Syrian Arab Republic,” Human Rights Council Resolution 29/L.4, 2 July 2015; “The continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 28/20, 27 March 2015; “The continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 26/23, 27 June 2014; and “The continuing grave deterioration of the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 25/23, 28 March 2014.
 Letter from Amb. Jorge Argüello, Permanent Mission of Argentina to the UN in New York, 13 March 2009.
 Interview with Alfredo Forti, Ministry of Defense, Buenos Aires, 31 March 2010.
 CITEFA, “Report Referring to Employment of Submunitions” (“Informe Referido a Empleo de Submuniciones”), undated, provided to Pax Christi Netherlands by the Permanent Mission of Argentina to the UN in Geneva, 14 June 2005; and Argentina, “Replies to Document CCW/GGE/X/WG.1/WP.2, Entitled ‘International Humanitarian Law and ERW,’” CCW/GGE/XI/WG.1/WP.10, 2 August 2005, p. 3.
 Interview with Navy Capitan (ret.) Carlos Nielsen, Advisor to the Joint Chiefs of Staff of the Armed Forces, Buenos Aires, 31 March 2011; and remarks made to Human Rights Watch (HRW) by members of the Argentine delegation to the Latin American Regional Conference on Cluster Munitions, San José, 5 September 2007.
 Statement of Argentina, Lima Conference on Cluster Munitions, 24 May 2007. Notes by the CMC/WILPF.