Paraguay
Cluster Munition Ban Policy
Summary: State Party Paraguay ratified the convention on 12 March 2015. It has participated in several meetings of the convention, but not since in 2015. Paraguay voted in favor of a key United Nations (UN) resolution promoting the convention in December 2017. Paraguay reports that it has never produced cluster munitions and possesses no stocks, including for research and training. It has never produced or transferred cluster munitions.[1]
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 the country on 1 September 2015.
Paraguay has not enacted legislation to enforce the convention’s provisions, but it has reported various laws to ensure its implementation.[2]
Paraguay provided its initial transparency measures report for the Convention on Cluster Munitions in May 2016 and submitted an annual updated report in April 2017.[3] As of 30 June 2018, Paraguay has not submitted the annual update, due by 30 April 2018.
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 has participated in several meetings of the convention, but not since 2015.[5]
Paraguay voted in favor of a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions in December 2017, which urges states outside the convention to “join as soon as possible.”[6]
Paraguay has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2017.[7] It has also voted in favor of Human Rights Council (HRC) resolutions condemning cluster munition attacks in Syria, most recently in March 2018.[8]
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’s initial transparency report confirms it has never produced cluster munitions and does not possess any stocks, including for research and training.[9] During the Oslo Process, Paraguay stated that it has not used, produced, transferred, or stockpiled cluster munitions.[10]
[1] Statement of Paraguay, Latin American Regional Conference on Cluster Munitions, San José, 5 September 2007. Notes by Human Rights Watch (HRW); and statement of Paraguay, Wellington Conference on Cluster Munitions, 18–22 February 2008. Notes by the Cluster Munition Coalition (CMC).
[2] Under national implementation measures, Panama has listed its ratification legislation—Law 5.373 of 17 December 2014—and Law 4036/10 on the import and export of firearms, their pieces and components, munitions, and related accessories. 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.” Convention on Cluster Munitions Article 7 Report, Form A, May 2016. See also, Convention on Cluster Munitions Article 7 Report, Form A, 2017.
[3] The initial report does not specify the time period covered, while the 2017 update covers calendar year 2016 and indicates no changes.
[4] For details on Paraguay’s policy and practice regarding cluster munitions through early 2009, see HRW and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 142.
[5] Paraguay participated in the convention’s Meetings of States Parties in 2010, 2011, and 2014, as well as the First Review Conference in 2015. It has participated in regional meetings on cluster munitions, most recently in Santiago, Chile in December 2013.
[6] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 72/54, 4 December 2017. It voted in favor of previous UNGA resolutions promoting implementation of the convention in 2015 and 2016.
[7] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 72/191, 19 December 2017. Paraguay voted in favor of similar resolutions in 2013–2015 and abstained from a vote on a similar resolution in 2016.
[8] “The human rights situation in the Syrian Arab Republic,” HRC Resolution 37/29, 19 March 2018. Paraguay voted in favor of previous HRC resolutions in 2015–2017 that contained similar language condemning the use of cluster munitions in Syria.
[9] Paraguay only completed Form A on national implementation measures. The rest of the forms in the report contain no new information.
[10] 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.