Summary: Non-signatory Myanmar acknowledges the humanitarian impact of cluster munitions, but said in October 2015 that it cannot consider acceding to the convention until a nation-wide peace agreement is concluded. Myanmar abstained from voting on a key UN resolution on the convention in December 2016 and last participated in a meeting of the convention in 2013.

Myanmar states that it has never used and does not produce or transfer cluster munitions. It allegedly used a weapon similar in design to a modern cluster munition in Kachin state in 2012–2013.

Policy

The Republic of the Union of Myanmar has not acceded to the Convention on Cluster Munitions.[1]

Myanmar expressed concern at the humanitarian impact of cluster munitions in the past, but did not elaborate its position on accession until October 2015.[2] Myanmar informed the UN General Assembly (UNGA) First Committee on Disarmament and International Security that ratification of the Convention on Cluster Munitions “would possibly be considered taking into consideration the political, economic and social circumstances in the aftermath of a nation-wide peace agreement.”[3]

Myanmar made the comment in its explanation of why it abstained from the vote on a UNGA resolution that urges states outside the Convention on Cluster Munitions to “join as soon as possible.”[4] Myanmar again abstained from voting on another resolution on the convention in December 2016.[5]

Myanmar attended one regional meeting of the Oslo Process that created the Convention on Cluster Munitions (Xieng Khouang, Lao PDR, in October 2008). It participated in a regional conference on cluster munitions in Bali, Indonesia, in November 2009.

Myanmar participated as an observer in the convention’s annual Meetings of States Parties in 2010 and 2012, as well as intersessional meetings in Geneva in 2013. It was invited to, but did not attend the convention’s Sixth Meeting of States Parties in Geneva in September 2016.

Myanmar is not party to the Mine Ban Treaty. It is also not party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

In November 2009, Myanmar informed a regional meeting that, “we do not use cluster munitions, develop, produce, otherwise acquire, retain or transfer to anyone, directly or indirectly, nor assist, encourage or induce anyone to engage in any activity prohibited under this Convention.”[6] It criticized cluster munitions as “weapons with indiscriminate area effect…which can cause humanitarian consequences.”[7]

In October 2015, Myanmar stated that it follows the basic principles of the law of armed conflict and stated, “Our Armed Forces exercises restraint in its military operations. Cluster Munitions were never used in these operations.”[8]

Myanmar possesses 122mm Type-81 and Type-90B and 240mm surface-to-surface rocket launchers, but it is not known if the ammunition for these weapons includes versions with submunition payloads.[9]

Previous allegation of use

Myanmar acquired a “cluster adapter” that it reportedly used in late 2012 and early 2013 during the conflict between government forces and the Kachin Independence Army (KIA) in Kachin state in the north of the country.[10] The weapon is similar in design to a modern cluster munition.

The KIA claimed that the Myanmar army units stationed at Gangdau Yang used cluster munitions against KIA forces in a 26 January 2013 attack at Hka Ya Bum, “a hill top of strategic significance” five miles west of the town of Laiza in southern Kachin state.[11] On 19 April 2013, the deputy secretary of the Kachin National Council provided photographs to the CMC showing an unknown type of air-dropped bomb that it said, “confirmed that the World War-Two era 20 pound fragmentation bombs were used during the airstrikes in the KIA’s strategic outposts between 14 December 2012 and 8 January 2013 by the Myanmar Air Force.” According to the Kachin National Council, “this type has never been used in Burma’s civil war before.”[12]

Human Rights Watch (HRW) received a separate set of photos that showed what appear to be the same remnants in a vehicle at a location that does appear to be the site of the attack, indicating they were removed.[13] HRW confirmed airstrikes and shelling on Laiza by Myanmar forces in December 2012 and January 2013.[14] The government of Myanmar later admitted to shelling and bombing Laiza.[15]

The “cluster adapter” and 20-pound fragmentation bombs shown in the photographs appear to meet the definition of a cluster munition in the Convention on Cluster Munitions.[16]