Peru

Cluster Munition Ban Policy

Last updated: 27 July 2019

Summary: State Party Peru ratified the convention on 26 September 2012. It has participated in the convention’s meetings, most recently in September 2018. Peru voted in favor of key United Nations (UN) resolution on the convention in December 2018.

Peru has not used, produced, or exported cluster munitions, but it has imported and stockpiles them. Its stockpile of 2,005 cluster munitions and 152,982 submunitions must be destroyed by 1 March 2021. Peru destroyed 141 stockpiled cluster munitions and 6,584 submunitions during 2018. It does not intend to not retain any cluster munitions for research or training.

Policy

The Republic of Peru signed the Convention on Cluster Munitions on 3 December 2008, ratified on 26 September 2012, and the convention entered into force for the country on 1 March 2013.

Peru has not enacted specific legislation to enforce its implementation of the convention, but reports the 2012 ratification decree and other regulations under relevant national implementation measures for the convention.[1]

Peru submitted its initial Article 7 transparency measures report for the convention on 1 August 2013. It has provided annual updated reports since then, most recently in April 2019.[2]

As one of the small core group of nations that took responsibility for the Oslo Process that created the convention, Peru hosted an international conference on cluster munitions in Lima in May 2007.[3]

Peru has stated that it regards the Convention on Cluster Munitions as “a complete priority.”[4] It has participated in all of the convention’s meetings, most recently the Eighth Meeting of States Parties in Geneva in September 2018.[5] Peru has coordinated the convention’s work on international cooperation and assistance since September 2017.

In December 2018, Peru voted in favor of a key UN General Assembly (UNGA) resolution promoting implementation of the convention.[6] Peru has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

Peru has condemned the “horrendous” use of cluster munitions in Syria and other countries, which it has called “alarming.”[7] It has voted in favor of Human Rights Council (HRC) resolutions condemning the use of cluster munitions in Syria, most recently in March 2019.[8] Peru has also voted in favor of UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2018.[9]

In September 2017, Peru elaborated its views on the convention’s prohibition on assisting with activities prohibited by the convention, stating that it interprets Article 1 as prohibiting investments in the production of cluster munitions, that is to say, it bans the provision of financial assistance to producers of cluster munitions.[10]

Peru has not expressed its position on other important issues relating to the 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, and the prohibition on foreign stockpiling of cluster munitions.

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

Use, production, and transfer

Peru is not known to have ever used, produced, or exported cluster munitions. It however imported cluster munitions and possesses a stockpile.

Stockpiling

Peru has reported a stockpile of 2,005 cluster munitions and 152,982 submunitions, as listed in the following table. It possesses two types of air-delivered cluster munitions manufactured in two countries from the 1970s until 1996: BME-330 cluster bombs from Spain, and RBK-series cluster bombs from Russia/Soviet Union.[11]

Cluster munitions once stockpiled by Peru[12]

Type

Quantity of cluster munitions

Quantity of submunitions

RBK-250-275 AO-1SCh, each containing 150 submunitions (manufactured in 1975)

388

58,200

RBK-500 AO-2.5RT, each containing 60 submunitions (manufactured in 1987)

197

11,820

RBK-250 PTAB 2.5, each containing 42 submunitions (manufactured in 1975)

657

27,594

BME-330 NA, each containing 180 SNA submunitions (manufactured in 1986)

89

16,020

BME-330 AR, each containing 180 SNA submunitions (manufactured in 1996)

53

9,540

RBK 250-ZAB 2.5 bombs

621

29,808

Total

2,005

152,982

 

In 2013, Peru initially declared a stockpile of 676 cluster munitions of three types and 86,280 submunitions.[13] It subsequently reported another 1,331 cluster munitions and 66,894 submunitions in 2016.[14]

Stockpile destruction

Under Article 3 of the Convention on Cluster Munitions, Peru is required to declare and destroy all stockpiled cluster munitions under its jurisdiction or control as soon as possible but not later than 1 March 2021.

Peru has pledged to destroy its stocks by the deadline.[15]

Peru has destroyed 181 cluster munitions and 8,030 submunitions from stocks, including 141 stockpiled cluster munitions and 6,584 submunitions during 2018. Nine more cluster munitions and 888 submunitions were destroyed in 2017, during research into how to safely destroy the stockpile.[16]

Cluster munitions destroyed by Peru since entry into force[17]

Type

Quantity of cluster munitions (submunitions)

RBK-500 AO-2.5RT

3 (48)

RBK-250-275 AO-1SCh

1

RBK-250 PTAB-2.5M

132 (5,430)

RBK 250-275 AO-1C4

1 (150)

RBK 250-ZAB 2.5

44 (2,112)

Alpha

(290)

Total

181 (8,030)

 

The Peruvian Air Force is responsible for destroying the stockpiled cluster munitions, which are held at several locations, including Puntos Lobos Base in the Pucusana district, south of Lima.[18]

Humanitarian mine clearance operator Norwegian People’s Aid (NPA) has provided technical support for Peru’s stockpile destruction since 2015. In 2016, Peru completed a “preparation and testing” phase for the stockpile destruction.[19] NPA conducted trainings in stockpile destruction in May and June 2018.[20] Peru held a stockpile destruction planning workshop in Lima in 2017.[21]

Retention

Since 2013, Peru has reported that it does not intend to retain any cluster munitions for research or training in detection, clearance, and destruction techniques.[22]



[1] Legislative Resolution approving the Convention on Cluster Munitions (Resolución Legislativa que aprueba la Convención sobre Municiones en Racimo), No. 29843, 15 March 2012. On 25 April 2012, Decree 021-2012 approving ratification was signed and published in the official journal El Peruano the next day. Decree No. 021-2012-RE, 26 April 2012; “Ref. 464960,” El Peruano, 26 April 2012; and Convention on Cluster Munitions Article 7 Report, Form A, 1 August 2013.

[2] The initial report covers the period from March to August 2013, while subsequent updates have covered the previous calendar year.

[3] For details on Peru’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. 142–144.

[4] Statement of Peru, UN First Committee on Disarmament and International Security, New York, 9 October 2015.

[5] Peru has participated in all of the convention’s Meetings of States Parties, the First Review Conference in 2015 and intersessional meetings in 2011–2015, as well as regional workshops on cluster munitions.

[6]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 73/54, 5 December 2018.

[7] Statement of Peru, Convention on Cluster Munitions Fifth Meeting of States Parties, San José, 3 September 2014. Notes by the Cluster Munition Coalition (CMC).

[8]The human rights situation in the Syrian Arab Republic,” HRC Resolution 40/17, 22 March 2019.

[9]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 73/182, 17 December 2018. Peru voted in favor of similar resolutions in 2013–2017.

[10] Intervention of Peru, Convention on Cluster Munition Seventh Meeting of States Parties, Geneva, 5 September 2017.

[11] During the Oslo Process, in May 2007, Peru’s Minister of Defense first publicly disclosed that the Peruvian Air Force stocks of BME-330 cluster bombs, RBK-500 cluster bombs, and CB-470 cluster bombs. Ángel Páez, “Peru se suma a iniciativa mundial para prohibir y destruir las ‘bombas de racimo’” (“Peru joins global initiative to ban and destroy the ‘cluster bombs’”), La República.pe, 29 May 2007. In May 2007, a member of the national media showed Human Rights Watch photographs of these cluster munitions. See also, Ángel Páez, “Se eliminarán las bombas de racimo” (“Cluster bombs will be eliminated”), La República.pe, 29 May 2007.

[12] Convention on Cluster Munitions Article 7 Report, Form B, 2018. However, information provided by Norwegian People’s Aid (NPA) in July 2018 indicates that the cumulative totals presented in transparency reports contained some accounting errors and the information is being re-evaluated in conjunction with Peruvian stakeholders. Email from Han Risser, Head of Operations, Department for Humanitarian Disarmament, NPA, 27 July 2018.

[13] Peru reported that the stockpile is “Vencida por tiempo límite de vida,” which translates as “expired” and stated that there is “no information on the batch numbers for the submunitions.” See, Convention on Cluster Munitions Article 7 Report, Form B, August 2013.

[14] 657 RBK-250 PTAB 2.5 cluster bombs and 27,594 submunitions and 53 BME-330 AR and 9,540 submunitions. Convention on Cluster Munitions Article 7 Report, Form B, 2016.

[15] Statement of Peru, Convention on Cluster Munitions First Review Conference, Dubrovnik, 11 September 2015. Previously, in April 2014, Peru expressed its commitment to destroy the stockpile by the convention’s deadline and said it had requested international cooperation and assistance to do so. Statement of Peru, Convention on Cluster Munitions Intersessional Meetings, Geneva, 7 April 2014.

[17] This table reflects corrections to Peru’s 2019 Article 7 report that Peru provided to the Monitor regarding the number of stockpiled and destroyed RBK 250-275 and RBK 250-PTAB cluster munitions. The table also lists 290 Alpha (“ALFA”) submunitions from South Africa that Peru destroyed in 2018 and indicated they would be included in the next Article 7 transparency report said will be included in the next Article 7 report. Email from César Arestegui, Counsellor, Permanent Mission of Peru to International Organizations in Geneva, 24 May 2019.

[19] Statement of Peru, Convention on Cluster Munitions Sixth Meeting of States Parties, Geneva, 6 September 2016; and Convention on Cluster Munitions Article 7 Report, Form B, 2017.

[22] See, Convention on Cluster Munitions Article 7 Reports, Form C, August 2013; 7 May 2014; and 3 June 2015. Prior to 2013, Peru indicated it would retain cluster munitions for training. See, statement of Peru, Convention on Cluster Munitions Intersessional Meetings, Geneva, 18 April 2012.