Andorra

Cluster Munition Ban Policy

Last updated: 16 June 2015

Five-Year Review: State Party Andorra expressed support for the ban on cluster munitions before it acceded to the convention in April 2013. After conducting a legislative review in 2012, Andorra found that existing legislation would suffice to enforce its implementation of the convention’s provisions. Andorra provided its initial transparency report for the convention in July 2014, confirming it has never used, produced, transferred, or stockpiled cluster munitions.

Policy

The Principality of Andorra acceded to the Convention on Cluster Munitions on 9 April 2013 and the convention entered into force for the country on 1 October 2013.

Following a legislative review, Andorra found in 2012 that “current domestic legislation already complies with the main obligations” of the Convention on Cluster Munitions so “it is not necessary to develop…internal regulations.”[1]

Andorra submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 3 July 2014.[2] As of 15 June 2015, it had not provided the annual updated report due by 30 April 2015.

Andorra attended a regional meeting of the Oslo Process that created the Convention on Cluster Munitions (Brussels in October 2007). Andorra’s preparations to join the convention began on 13 June 2012, when the government approved the accession package. Government officials expressed support for the convention in 2010 and 2011, but said limited resources were impeding its progress on accession.

Andorra did not participate in any meetings of the convention until April 2014, when it attended the intersessional meetings in Geneva, but did not make any statements. It did not attend the Fifth Meeting of States Parties to the convention in San José, Costa Rica in September 2014 or intersessional meetings in Geneva in June 2015.

Andorra has voted in favor of UN General Assembly (UNGA) resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[3]

Andorra has yet to provide its views on certain important issues related to 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 retention of cluster munitions and submunitions for training and development purposes.

Andorra is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Andorra’s initial Article 7 report declares no production facilities or stockpiled cluster munitions and confirms that there are no areas contaminated by cluster munitions in the country.[4] Andorra previously confirmed that it has never used, produced, transferred, or stockpiled cluster munitions.[5] 

 


[1] According to Andorra’s accession package, “from the entry into force of Andorra, the definitions contained therein immediately become part of the internal legal system.” The document notes that a decree dated 3 July 1989 addresses the “possession, use and circulation of arms, prohibits the manufacture, import, circulation, possession, use, sale and advertising of weapons of war. The definition the Decree provides for weapons of war seems large enough to qualify cluster bombs and weapons of war and to contain, implicitly, its prohibition.” In addition, the document states that Article 265 of Andorra’s Penal Code “punishes by imprisonment of four to ten years for manufacturing, development, marketing, transfer or stockpiling of weapons of war and their munitions.” See “Proposal of approval to the accession of the Convention on Cluster Munitions, adopted in Dublin on 30 May 2008,” accession package submitted to the Council General (Consell General) by Andorra’s Head of Government (Cap de Govern del Principat d’Andorra), 25 June 2012.

[2] The initial report covers calendar year 2013.

[3] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. Andorra voted in favor of a similar resolution on 15 May and 18 December 2013.

[4] Andorra stated “Not Applicable” on the relevant forms. Convention on Cluster Munitions Article 7 Report, Forms B, C, D, E, and F, 3 July 2014.

[5] Letter from Xavier Espot Miró, Minister of Foreign Affairs and Institutional Relations to Mary Wareham, Human Rights Watch, 9 March 2011. The June 2012 accession package included a technical report dated March 2012 that confirmed that Andorra does not stockpile cluster munitions and is not contaminated by cluster munition remnants. The technical report was issued by TEDAX (Técnico Especialista en Desactivación de Artefactos Explosivos), which is the explosive ordnance disposal unit of the national police force. See “Proposal of approval to the accession of the Convention on Cluster Munitions, adopted in Dublin on 30 May 2008,” accession package submitted to the Council General (Consell General) by Andorra’s Head of Government (Cap de Govern del Principat d’Andorra), 25 June 2012.