CCW PROTOCOL V STATES PARTIES TO FURTHER ENHANCE IMPLEMENTATION MECHANISM AT SECOND CONFERENCE

The Second Conference of the High Contracting Parties to Protocol V on Explosive Remnants of War (ERW) to the Convention on Certain Conventional Weapons (CCW) is being held on 10 and 11 November 2008 at the Palais des Nations in Geneva.

Ambassador Edvardas Borisovas of Lithuania was designated by last year’s conference to preside over the work of the Second Conference. Along with the two vice-chairs of the Conference, Australia and India, the Chair will also be assisted by five Coordinators from Austria, Croatia, Hungary, India, and the Netherlands that had been appointed by the First Conference. The Coordinators are expected to report to the Conference on the results of the Meeting of Experts (2 to 4 July) at which they were tasked for leading the discussions on the substantive topics under their respective scope of responsibility. This Meeting of Experts essentially prepared the substance for the Second Conference.

The different substantive aspects of the Protocol’s implementation include clearance of ERW; cooperation and assistance, in particular requests for assistance; generic electronic template to record, keep and transfer information on the use of weapons that may become ERW; national reporting on the implementation of the Protocol; generic preventive measures that could minimize the occurrence of ERW; and victim assistance. Based on the discussion at the Meeting of Experts, the Coordinators may formulate concrete recommendations on how best to enhance the implementation of the Protocol.

Another issue that the Conference would address is the universality of the Protocol.

The Conference is expected to adopt a Final Document containing a number of substantive decisions of the States Parties as well as other procedural matters.

The Protocol was negotiated by the CCW Group of Governmental Experts and was subsequently adopted in 2003 by the CCW States Parties in response to an initiative launched by the International Committee of the Red Cross (ICRC) in 2000. The Protocol covers post-conflict remedial measures of a generic nature in order to minimize the risks and effects of explosive remnants of war. Under the Protocol, each State party and party to armed conflict shall bear the responsibility to clear explosive remnants of war or to assist in such clearance. Moreover, parties to an armed conflict shall survey, mark and clear ERW in areas under their control or jurisdiction after a conflict; where appropriate, provide technical, material and financial assistance for the removal of ERW left by their armed forces in areas not under their control; record information on explosive or abandoned ordnance and share that information with organizations involved in clearance activities; and take all feasible precautions to protect civilians from the effects of ERW, including marking and fencing off dangerous areas and warning them of the risks.

During the Third Review Conference (Geneva, 7-17 November 2006) the States Parties adopted a special Declaration to mark the Entry into Force of Protocol V on Explosive Remnants of War, which fell on 12 November 2006. At the time, 26 CCW States parties have expressed their consent to be bound by the Protocol. Today the number has increased from 35 last year to 48 as of November 2008, comprising: Albania, Australia, Austria, Belarus (29 Sep 2008), Bosnia and Herzegovina (28 Nov 2007), Bulgaria, Croatia, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Guatemala (28 Feb 2008), Guinea-Bissau (6 Aug 2008), Holy See, Hungary, Iceland (22 Aug 2008), India, Ireland, Jamaica (25 Sep 2008), Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar (14 Mar 2008), Malta, Netherlands, New Zealand, Nicaragua, Norway, Portugal (22 Feb 2008), Republic of Korea (23 Jan 2008), Republic of Moldova (21 Apr 2008), Romania (29 Jan 2008), Russian Federation (21 Jul 2008), Sierra Leone, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tajikistan, The former Yugoslav Republic of Macedonia, Tunisia (7 Mar 2008), Ukraine and Uruguay.

The High Contracting Parties to the protocol meet annually at Conferences to review the status and operation of the Protocol. Informal Meetings of Experts are organized prior to the annual conferences of the States parties to the Protocol and represent the key integral part of Protocol V’s implementation mechanism. They were established with the purpose of providing a forum for consultation and cooperation among the States parties where those in need can discuss and receive assistance from those in a position to provide such assistance. The discussion of the expert meetings are chaired by Coordinators who report on their work to the annual Conferences of the High Contracting Parties.

The Second Conference of the High Contracting Parties to Protocol V on Explosive Remnants of War will be followed by the Tenth Annual Conference of the High Contracting Parties to Amended Protocol II to the CCW to be held on 12 November 2008 at the Palais des Nations in Geneva.



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