Peru

Cluster Munition Ban Policy

Last updated: 15 September 2021

Summary

State Party Peru ratified the convention on 26 September 2012. It voted in favor of a key United Nations (UN) resolution promoting the convention in December 2020. Peru has participated in every meeting of the convention, most recently in November 2020.

Peru has never used, produced, or exported cluster munitions, but it imported them. Peru has reported a stockpile of 2,012 cluster munitions and 162,417submunitions. Peru destroyed 160 cluster munitions and 8,595 submunitions during 2020. In March 2021, its stockpile destruction deadline was extended to April 2024.

Policy

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

Peru regards its existing laws as sufficient to guide and enforce its implementation of the convention.[1]

Peru submitted its initial Article 7 transparency report for the convention on 1 August 2013 and has provided annual updated reports since then, most recently in April 2021.[2]

As one of the 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 participated in every meeting of the convention, most recently the first part of the convention’s Second Review Conference held virtually in November 2020.[4]

In December 2020, Peru voted in favor of a key UN General Assembly (UNGA) resolution urging full implementation of the convention.[5] Peru has voted in favor of the annual UNGA resolution promoting the convention since it was first introduced in 2015.

Peru has condemned the “alarming” and “horrendous” use of cluster munitions in Syria and other countries.[6] It has voted in favor of Human Rights Council resolutions condemning the use of cluster munitions in Syria, most recently in June 2020.[7] Peru has also voted in favor of UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2020.[8]

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.[9]

Peru has not commented on other important issues related to the interpretation and implementation of the convention, including the prohibition on transit and foreign stockpiling of cluster munitions as well as the interoperability provisions on participating in joint military operations with states not party that may use cluster munitions.

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

Use, production, and transfer

Peru’s initial Article 7 transparency report, provided in 2013, formally confirms that it has never produced cluster munitions.[10] It is not known to have ever used or exported them. Peru however has imported cluster munitions and possesses a stockpile.

Stockpiling

Peru has reported a stockpile of 2,012 cluster munitions and 162,417 submunitions, as listed in the following table. Peru 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] Peru also possesses Alpha bomblets made in South Africa.[12]

Cluster munitions once stockpiled by Peru[13]

Type

Quantity of cluster munitions

Quantity of submunitions

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

393

58,950

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

198

11,880

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)

90

16,200

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

53

9,540

Alpha bomblets

-

8,445

RBK 250-ZAB 2.5 bombs, each containing 48 submunitions

621

29,808

Total

2,012

162,417

 

Peru has adjusted its stockpile numbers since 2013, when it declared a stockpile of 676 cluster munitions of three types and 86,280 submunitions in 2013.[14] In 2016, it reported an additional 1,331 cluster munitions and 66,894 submunitions.[15] In 2020, Peru reported five additional RBK-250-275 AO-1SCh cluster bombs.[16]

Stockpile destruction

Under Article 3 of the Convention on Cluster Munitions, Peru was initially 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.

Until 2019, Peru had pledged to destroy the stocks by this deadline.[17] However, in March 2020, it provided States Parties with a 30-page request to extend by three years its formal deadline for completing destruction stockpile destruction.[18] The request gave several reasons for the deadline extension, including a lack of adequate implementing legislation, lack of trained personnel, and lack of technology necessary to carry out destruction. In March 2021, Peru’s stockpile destruction deadline was extended until 1 April 2024.

The Peruvian Air Force is responsible for destroying the stockpiled cluster munitions, which are held at six air bases that it says are “restricted areas to unauthorized military personnel and civilians.”[19]

Peru has reported the destruction of a total of 323 cluster munitions and 17,567 submunitions from its stocks since beginning the process in 2017.[20] It destroyed 160 cluster munitions and 8,595 submunitions during 2020 (159 RBK-250 PTAB-2.5M and 6,930 submunitions, one BME-330 NA and 180 submunitions, and 1,485 submunitions). Previously, Peru destroyed 22 cluster munitions and 2,640 submunitions in 2019.[21]

Humanitarian mine clearance operator Norwegian People’s Aid has provided technical support to Peru’s stockpile destruction since 2015.[22]

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.[23]



[1] Peru has reported the 2012 ratification decree and various laws and regulations for its implementation of the convention. 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 covered the period from March–August 2013, while subsequent annual 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 (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 142–144.

[4] 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.

[5]Implementation of the Convention on Cluster Munitions,” UN General Assembly (UNGA) Resolution 75/62, 7 December 2020.

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

[7]Situation of human rights in the Syrian Arab Republic,” Human Rights Council Resolution 43/28, 22 June 2020. Peru voted in favor of similar HRC resolutions in 2018–2019.

[8]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 75/193, 16 December 2020. Peru voted in favor of similar resolutions in 2013–2019.

[9] 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 stocked 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 HRW 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] According to the 2020 report, Peru found 8,445 Alpha bomblets in its stocks during 2018. Convention on Cluster Munitions Article 7 Report, Form B, 4 May 2020.

[14] 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.

[15] 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. Peru reported an additional five RBK-250-275 AO1SCh cluster munitions in 2020. It did not report an increase in the corresponding number of submunitions. Convention on Cluster Munitions Article 7 Report, Form B, 4 May 2020.

[16] The May 2020 transparency report lists additional RBK-250 275 bombs, but there was not a corresponding increase in the number of submunitions. Convention on Cluster Munitions Article 7 Report, Form B, 4 May 2020.

[17] Statement of Peru, Convention on Cluster Munitions First Review Conference, Dubrovnik, Croatia, 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.

[19] Ibid.

[21] Ibid.

[22] 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.

[23] 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.