Summary: Non-signatory Myanmar acknowledges the humanitarian concerns associated with cluster munitions and has expressed interest in joining, but has not taken any steps towards accession. It last participated in a meeting of the convention in 2013. Myanmar abstained from voting on a key United Nations (UN) resolution on the convention in December 2018.

Myanmar previously stated 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 has indicated that it will consider acceding to the convention, but not until it has achieved a nation-wide peace agreement. [2] In 2017, Myanmar said it was reviewing its position on joining the convention, which it said aims to “prevent the indiscriminate use of…cluster munitions, which can lead to vulnerability and serious humanitarian impact…” [3]

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

Myanmar participated as an observer in the convention’s meetings, but not since 2013. [4] It has has attended regional workshops on the convention, most recently in Manila, Philippines on 18–19 June 2019 and Vientiane, Lao PDR in April 2019. [5]

In December 2018, Myanmar abstained from voting on a key UNGA resolution that urges states outside the Convention on Cluster Munitions to “join as soon as possible.” [6] It has abstained from the vote on the annual UNGA resolution promoting the convention since it was first introduced in 2015.

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

Myanmar told a regional meeting in 2009 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.” [7] It criticized cluster munitions as “weapons with indiscriminate area effect…which can cause humanitarian consequences.” [8]

Myanmar has denied using cluster munitions. In 2015, it said “cluster munitions were never used in…operations” by the Armed Forces. [9]

Myanmar possesses 122mm Type-81 and Type-90B and M1985 240mm surface-to-surface rocket launchers, but it is not known if the ammunition for these weapons includes versions with submunition payloads. [10]

Previous allegation of use

Myanmar acquired and reportedly used a weapon similar in design to a modern cluster munition 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. [11] 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, five miles west of the town of Laiza in southern Kachin state. [12]

Human Rights Watch (HRW) confirmed airstrikes and shelling on Laiza by Myanmar forces in December 2012 and January 2013. [13] It reviewed a set of photos that showed what appear to be the same remnants in a vehicle at a location that appear to be the site of the attack, indicating they were moved. [14] The “cluster adapter” and 20-pound fragmentation bombs shown in the photographs appear to meet the definition of a cluster munition under the Convention on Cluster Munitions. [15]