Panama

Cluster Munition Ban Policy

Last updated: 19 June 2019

Summary: State Party Panama ratified the convention on 29 November 2010. It has participated in meetings of the convention, most recently in September 2018. Panama voted in favor of a key United Nations (UN) resolution on the convention in December 2018. It provided its transparency report for the convention in 2019, confirming it has never used, produced, transferred, or stockpiled cluster munitions.

Policy

The Republic of Panama signed the Convention on Cluster Munitions on 3 December 2008, ratified on 29 November 2010, and the convention entered into force for the country on 1 May 2011.

Panama has reported existing legislation under national implementation measures for the convention. Law 49 provides “legal and administrative measures” to “approve and implement” the Convention on Cluster Munitions, while the Criminal Code provides for penal sanctions for crimes against international human rights and humanitarian law. [1]

Panama provided its initial Article 7 transparency measures report for the convention in April 2019, covering the period 2011–2018. [2]

Panama participated in the Oslo Process and advocated for the strongest possible convention text during the Dublin negotiations in May 2008. [3]

Panama has participated in most of convention’s meetings, most recently the Eighth Meeting of States Parties in Geneva in September 2018, where it was appointed to coordinate the convention’s work to promote universalization. [4]

Panama voted in favor of a UN General Assembly (UNGA) resolution in December 2018, which urges states outside the Convention on Cluster Munitions to “join as soon as possible.” [5] It has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

Panama has voted in favor of Human Rights Council (HRC) resolutions condemning the use of cluster munitions in Syria, most recently in July 2018. [6] It has also voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2018. [7]

Panama has not expressed its views on certain important issues relating to its interpretation and implementation of the convention, such as 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, the prohibition on investment in production of cluster munitions, and the need for retention of cluster munitions for training and development purposes.

Panama is party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Panama has never used, produced, transferred, or stockpiled cluster munitions. [8]



 [1] Statement of Panama regarding the Convention on Cluster Munitions, 2016. The Article 7 report lists relevant articles of Panama’s Constitution and Criminal code. See, Convention on Cluster Munitions Article 7 Report, Form A, April 2019.

 [2] It previously submitted a letter and statement commenting on the convention to the UN in 2016. See, Communication of the Executive Office of the UN Secretary General, Reference No. ODA/ODDHR/CCM, 26 February 2016; and letter and statement of Panama regarding the Convention on Cluster Munitions, 2016.

 [3] For details on Panama’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), p. 141.

 [4] Final Report, Convention on Cluster Munitions Eighth Meeting of States Parties, 19 September 2018.

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

 [6]The human rights situation in the Syrian Arab Republic,” HRC Resolution 38/16, 6 July 2018. Panama voted in favor of similar HRC resolutions on Syria in 2016, 2017, and March 2018.

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

 [8] Panama stated “not applicable” in the relevant forms of its transparency report. See, Convention on Cluster Munitions Article 7 Report, Forms B, C, D and E, April 2019.