Lao People’s Democratic Republic

The Lao People’s Democratic Republic (Lao PDR) signed the Convention on Cluster Munitions in Oslo on 3 December 2008. On 24 February 2009, the National Assembly of Lao PDR approved the ratification of the convention.^[1] Lao PDR became the fifth country to ratify the convention on 18 March 2009, when it deposited its instrument of ratification at a special event to promote the convention at UN headquarters in New York.^[2] Further demonstrating its commitment to the convention, Lao PDR has offered to host the First Meeting of States Parties in Vientiane.^[3]

Lao PDR is party to the Convention on Conventional Weapons (CCW), but has not ratified Protocol V on Explosive Remnants of War.

Lao PDR is not believed to have used, produced, stockpiled, or transferred cluster munitions. However, Lao PDR has been severely affected by the use of cluster munitions. Over 260 million cluster submunitions were dropped on the country by the United States in the 1960s and 1970s, with some estimates suggesting as many as 80 million submunitions left unexploded. ^[4] This contamination has caused thousands of casualties and presented a widespread impediment to development and reconstruction.

Cluster Munition Ban Policy

As the most heavily affected country in the world, Lao PDR’s support for the Oslo Process was a crucial element in its success. Lao PDR did not participate in the initial conference to launch the Oslo Process in February 2007. However, it participated in all of the subsequent international conferences to develop the convention text in Lima (May 2007), Vienna (December 2007), and Wellington (February 2008), as well as the formal negotiations in Dublin (May 2008). Lao PDR also attended the Belgrade conference for affected states (October 2007), and a regional meeting in Phnom Penh (March 2007). Lao PDR hosted the South East Asia Regional Conference on the Convention on Cluster Munitions on 20–22 October 2008 in Xiengkhuang.

At the Lima conference, Lao PDR’s interventions reflected its direct experience with the humanitarian impact of cluster munitions and its continued efforts to tackle cluster munition contamination some 30 years after they had been used. It called for a comprehensive ban, concrete provisions for international cooperation and assistance, and assistance for cluster munition victims. At the Vienna conference, Lao PDR expressed concern about the feasibility of the five-year deadline for clearance in the draft convention text, stating it would not be possible in Lao PDR’s case given the extent of contamination on its territory.^[5]

At the Wellington conference, Lao PDR stated that proposals to include a transition period were beyond its comprehension as an affected country and would leave the door open for future use of prohibited weapons. Lao PDR argued that all cluster munitions should be prohibited, noting that of 19 different types of submunition used on Lao PDR’s territory all had caused civilian casualties.^[6] Lao PDR advocated strongly for provisions placing special obligations on past users of cluster munitions, arguing that this was a moral responsibility. It supported comprehensive provisions for victim assistance, and appealed more generally for robust provisions on international cooperation and assistance. ^[7]

During the Dublin negotiations, Lao PDR continued to argue for a comprehensive definition of cluster munitions and opposed the inclusion of criteria to exempt munitions based on technological features.^[8] Lao PDR firmly rejected proposals for a transition period, saying it would undermine the purpose of the convention.^[9] It also spoke against provisions for “interoperability” (joint military operations with states not party) that could facilitate the use of cluster munitions by those that remained outside the convention. It argued that if States Parties condemned the use of cluster munitions, they should not tolerate their use by others.^[10]

Lao PDR hosted the South East Asia Regional Conference on the Convention on Cluster Munitions – The Safe Path, on 20–22 October 2008 in Xieng Khouang province, the most heavily cluster munition affected area of Lao PDR. The conference provided participants with an opportunity to discuss challenges presented by cluster munition contamination and to consider the future impact of the convention.^[11]

Deputy Prime Minister and Minister of Foreign Affairs Dr. Thongloun Sisoulith signed the convention in Oslo. Dr. Sisoulith stated that “in the Lao PDR, although the war ended more than thirty years ago, the Lao people continue to bear its legacy…. [T]he signing of this Convention…is just the beginning of our journey to the ultimate goal of eradicating the scourge of cluster munitions and liberating the people and our children from fear and threat of such a silent killer.”^[12]

After the signing, the Prime Minister submitted a letter of ratification to the Lao National Assembly for consideration.^[13] On 18 March 2009, Lao PDR deposited its instrument of ratification at UN in New York.