Paraguay

Cluster Munition Ban Policy

Last updated: 26 June 2017

Summary: State Party Paraguay ratified the convention on 12 March 2015. It has participated in several meetings of the convention, most recently in 2015. Paraguay voted in favor of a UN resolution on the convention in 2016. Paraguay provided an initial transparency report for the convention in May 2016, confirming it has never used, produced, transferred, or stockpiled cluster munitions.

Policy

The Republic of Paraguay signed the Convention on Cluster Munitions on 3 December 2008, ratified on 12 March 2015, and the convention entered into force for Paraguay on 1 September 2015.

It is not clear if Paraguay will enact legislation or other measures to enforce implementation of the convention’s provisions. It listed the ratification legislation—Law 5.373 of 17 December 2014—under national implementation measures in its initial Article 7 transparency measures report for the Convention on Cluster Munitions, provided in May 2016.[1] Paraguay also reported legislation on arms imports.[2]

As of 20 June 2017, Paraguay has not submitted its annual updated transparency report required by 30 April 2017.[3]

Paraguay participated in the Oslo Process that developed the convention, including the formal negotiations in Dublin in May 2008, where it aligned itself with many other Latin American states in pushing for the strongest convention possible.[4]

Paraguay participated in the convention’s Meetings of States Parties in 2010, 2011, and 2014, as well as the First Review Conference in Dubrovnik, Croatia, in September 2015. It did not attend the Sixth Meeting of States Parties in Geneva in September 2016. Paraguay has participated in regional meetings on cluster munitions, most recently in Santiago, Chile, in December 2013.

Paraguay voted in favor of a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions in December 2016, which urges states outside the convention to “join as soon as possible.”[5]

Paraguay has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria.[6] It has voted for Human Rights Council resolutions condemning the cluster munition attacks in Syria, most recently in March 2017.[7]

Paraguay has not elaborated its views on certain important issues related to interpretation and implementation of the convention, including the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, and the prohibition on investment in cluster munition production.

Paraguay is a State Party to the Mine Ban Treaty. Paraguay is also party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Paraguay has stated that it does not use, produce, transfer, or stockpile cluster munitions.[8] Paraguay’s initial Article 7 report did not report stockpiling any cluster munitions, including for research and training, or any production facilities.[9] It states that Paraguay has not imported cluster munitions.[10]



[2] It lists Law 4036/10, which establishes in Article 48 that only the Executive Power can authorize the import and export of firearms, their pieces and components, munitions, and related accessories. Convention on Cluster Munitions Article 7 Report, Form A, May 2016. Original text: “solamente el Poder Ejecutivo, a través de la autoridad competente (DIMABEL), podrá autorizar la importación y exportación de armas de fuego, sus piezas y componentes, municiones, accesorios y afines, conforme a las prescripciones de esta Ley y su reglamentación.”

[3] The report was placed on the UN website in May 2016, but does not include a submission date or specify the time period covered.

[4] For details on Paraguay’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 142.

[5]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 71/45, 5 December 2016. It voted in favor of a similar UNGA resolution in 2015. “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.

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

[7] See, “The human rights situation in the Syrian Arab Republic,” Human Rights Council Resolution 34/26, 24 March 2017.

[8] Statement of Paraguay, Latin American Regional Conference on Cluster Munitions, San José, 5 September 2007. Notes by HRW; and statement of Paraguay, Wellington Conference on Cluster Munitions, 18–22 February 2008. Notes by the CMC.

[9] Paraguay only completed Form A on national implementation measures. The rest of the forms in the report contain no new information.