Myanmar_Burma
Cluster Munition Ban Policy
Summary
Non-signatory Myanmar has expressed interest in the convention, but has not taken any steps to join it. Myanmar last participated in a meeting of the convention in 2013. It abstained from voting on a key United Nations (UN) resolution promoting the convention in December 2020.
Myanmar has stated that it has never used, produced or transferred cluster munitions.
Policy
The Republic of the Union of Myanmar has not acceded to the Convention on Cluster Munitions.[1]
Myanmar has expressed interest in the convention, but has not taken any steps to accede to it. Previously, in November 2019, Myanmar reiterated that it cannot join the convention until there is a nationwide peace agreement with non-state armed groups.[2] According to Myanmar, the convention aims to “prevent the indiscriminate use” of cluster munitions that can lead to “vulnerability and serious humanitarian impact.”[3]
Myanmar participated in a regional meeting of the Oslo Process that created the Convention on Cluster Munitions in Vientiane, Lao PDR in October 2008. It also attended a regional conference on the convention held in Bali, Indonesia in November 2009.
Myanmar participated as an observer in the convention’s Second Review Conference held virtually in November 2020, but did not make a statement. This was its first participation in a meeting of the convention since 2013.[4]
Myanmar has attended regional workshops on the convention, such as a virtual meeting for Association of Southeast Asian Nations (ASEAN) military officials convened by the Philippines in July 2020.[5]
In December 2020, Myanmar abstained from voting on a key UN General Assembly (UNGA) resolution that urged states outside the Convention on Cluster Munitions to “join as soon as possible.”[6] Myanmar has abstained from voting on the annual UNGA resolution promoting the convention since it was first introduced in 2015.
Myanmar is not a party to the Mine Ban Treaty nor the Convention on Conventional Weapons (CCW).
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]
Myanmar has denied using cluster munitions. In 2015, it said “cluster munitions were never used in…operations” by its armed forces, known as the Tatmadaw.[8]
The Kachin Independence Army (KIA), a non-state armed group, alleged that the Tatmadaw used an old weapon that is similar in design to a modern cluster munition near the town of Laiza, in Kachin state, on 26 January 2013.[9] The “adapter” and 20-pound fragmentation bombs shown in photographs reviewed by Human Rights Watch (HRW) may meet the definition of a cluster munition under the Convention on Cluster Munitions.[10]
Myanmar possesses 122mm Type-81 and Type-90B and M1985 240mm surface-to-surface rocket launchers, but it is not known if the ammunition used for these weapons includes versions with submunition payloads.[11]
[1] The military regime changed the name of the country from Burma to Myanmar in 1989, but many ethnic groups in the Myanmar’s border areas and a number of countries still prefer to use the name Burma.
[2] Myanmar, Explanation of Vote on Resolution A/C.1/L.46, UN General Assembly (UNGA) First Committee on Disarmament and International Security, New York, 6 November 2019. Myanmar has previously indicated that it is considering joining the convention.
[3] Myanmar, Explanation of Vote on Resolution L.41, 72nd Session, UNGA First Committee, New York, 31 October 2017, UNGA, Official Records, A/C.1/72/PV26, pp. 18–19/29. Myanmar has made similar statements on previous occasions. See, statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 15 October 2015; statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 30 October 2013; and statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 24 October 2012.
[4] Myanmar participated as an observer in the convention’s annual Meetings of States Parties in 2010 and 2012 and intersessional meetings in 2013. Myanmar did not attend the First Review Conference in Dubrovnik in September 2015.
[5] Permanent Mission of the Philippines to the UN in Geneva press release, “Philippines hosts webinar to promote Convention on Cluster Munitions among ASEAN Member States,” Manila and Geneva, 29 July 2020.
[6] “Implementation of the Convention on Cluster Munitions”, UNGA Resolution 75/62, 7 December 2020.
[7] Statement by Ye Minn Thein, Ministry of Foreign Affairs, Regional Conference on the Promotion and Universalization of the Convention on Cluster Munitions, Bali 16 November 2009.
[8] Statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 15 October 2015.
[9] “Burma army uses cluster bombs to take key KIO position near Laiza,” Kachin News Group, 26 January 2013. On 19 April 2013, the deputy secretary of the Kachin National Council (KNC) provided photographs to the Cluster Munition Coalition (CMC) showing an unknown type of air-dropped bomb that it said, “confirmed that the World War-Two era 20-pound fragmentation bombs were used during the airstrikes in the KIA’s strategic outposts between 14 December 2012 and 8 January 2013 by the Myanmar Air Force.” According to the KNC, “this type has never been used in Burma’s civil war before.” The photographs were contained in an email sent to the CMC by Hkun Htoi, Deputy Secretary, KNC, 19 April 2013.
[10] There is evidence that Myanmar government forces mounted six fragmentation bombs to the adaptor, which then separated from the rack when dropped from the air. Photographs show a metal tubular rack that appears to be similar in design to the United States-produced M1 cluster adapter. The small fragmentation bombs are of a more modern design and marking than World War II-era munitions. A military officer who requested anonymity confirmed that the weapon was manufactured in Myanmar; additionally, a former military ordnance officer confirmed that the markings on the weapons were those used by Myanmar’s armed forces.
[11] “Myanmar Defense Weapons,” 20 March 2014. English translation from Hla Oo’s Blog, “Burma Army’s MRLS or Multi Rocket Launcher Systems,” 23 March 2014.