Palau

Cluster Munition Ban Policy

Last updated: 17 July 2017

Summary: State Party Palau ratified the convention on 19 April 2016. Palau has participated in nearly all of the convention’s meetings, most recently in 2015, and voted in favor of a key UN resolution on the convention in December 2016. Palau reports that it has never produced or used cluster munitions and has no stockpile, including for research or training purposes.

Policy

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

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

Palau submitted its initial Article 7 transparency measures report for the convention the day after it ratified and before that, Palau provided a voluntary transparency report for the convention in 2011.[3]

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

Palau participated in the first four Meeting of States Parties of the convention, from 2010 to 2013.[5] It attended the First Review Conference in 2015 and committed to promote the convention at the “highest level” and “lobby the entire Pacific leadership” to join the convention.[6]

Palau has hosted several regional meetings to discuss implementation of a Pacific Islands Forum strategy to address unexploded ordnance contamination.[7] In September 2016, Palau attended a regional meeting in Samoa organized by UN Regional Centre for Peace and Disarmament in Asia and the Pacific (UNRCPD) and gave a presentation on its reasons for joining the Convention on Cluster Munitions.[8]

In December 2016, Palau voted in favor of the UN General Assembly (UNGA) resolution promoting implementation of the Convention on Cluster Munitions. It also voted in favor of the first UNGA resolution on the convention in 2015.[9]

Palau has voted in favor of UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2016.[10]

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. It is not a party to the Convention on Conventional Weapons.

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.



[2] Executive Order 335 of 2013. The group includes clearance NGO Cleared Ground Demining. Statement of Palau, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.

[3] Convention on Cluster Munitions Article 7 Report, 20 April 2016. The report covers calendar year 2015.

[4] For more details on Palau’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. 140–141.

[5] Palau did not attend the convention’s Fifth Meeting of States Parties in San Jose, Costa Rica, in September 2014 nor the Sixth Meeting of States Parties in Geneva, Switzerland, in September 2016.

[6] Statement on Universalization, by Amb. Caleb Otto, Convention on Cluster Munitions First Review Conference, Dubrovnik, Croatia, 9 September 2015.

[7] The Pacific Regional Explosive Remnants of War (ERW) Workshop was jointly hosted by the Pacific Islands Forum Secretariat and ICBL-CMC member SafeGround (formerly the Australian Network to Ban Landmines and Cluster Munitions) with the support of AusAID. Draft Outcomes Statement, Pacific Regional ERW Workshop, 27–28 June 2013. Provided to the Monitor by Loral Thompson, National Coordinator, SafeGround, 30 March 2014.

[8] UNRCPD, “Pacific Capacity Building Workshop for the implementation of the Arms Trade Treaty,” Apia, Samoa, 13–15 September 2016. At the workshop, Ambassador Dell Higgie of New Zealand moderated a special session on the Convention on Cluster Munitions, highlighting the importance of the universalization of the convention, as well as the obligations relevant to Pacific states. Palau addressed why it was motivated to sign and ratify the convention.

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

[10]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 71/203, 19 December 2016. Palau voted in favor of similar resolutions in 2013 and 2014.