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Report on the Livingstone Conference on Cluster Munitions

31 March and 1 April 2008

 Summary

 Thirty-nine African countries gathered in Livingstone, Zambia on 31 March and 1 April 2008 for an all-Africa Oslo Process conference on Cluster Munitions to discuss the key elements of the future Cluster Munitions Convention and determine coordinated African positions. A strong political declaration was agreed by all present except Egypt and strong positions emerged on the controversial negotiating issues. The two African producer states Egypt and South Africa proved problematic with Egypt disassociating itself from the Wellington and Livingstone Declaration and South Africa calling for exemptions for certain cluster munitions.

 

Participation

The participating countries were: Algeria, Angola, Benin, Botswana, Burkina Faso, Cameroon, Comoros, Congo (Republic of), Cote d'Ivoire, Democratic Republic of Congo, Egypt, Eritrea, Ghana, Guinea Conakry, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Morocco, Mozambique, Namibia, Niger, Nigeria, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Tunisia, Uganda, Zambia and Zimbabwe. Norway, Ireland, UNDP and ICRC also participated, the latter unveiling during the conference a new 15 minute film entitled "Time to act."

Eritrea, Tunisia and Zimbabwe participated in the Oslo Process for the first time. Tunisia and Zimbabwe announced support for the Oslo Process and a ban on cluster munitions, the latter being an active and vocal supporter of positive positions on the key controversial issues for negotiation. Eritrea noted that it supported banning all weapons that kill and injure indiscriminately.

 

Forty-seven civil society members represented the CMC from 16 African countries including mine survivor advocates from Landmine Survivors Network. Throughout the week, campaigners worked within sub-regional and linguistic groups to put forward CMC's recommendations to the Oslo Conference: 1) to support a treaty with no exceptions, no delays and no loopholes; 2) to support a treaty based on strong humanitarian principles; 3) to prevent further proliferation of cluster munitions and 4) to conclude a strong common position.

 

Livingstone Declaration

 A key outcome of the conference was the adoption of a strong political statement, the Livingstone Declaration, committing African states to negotiate an international ban on cluster munitions at the Dublin Diplomatic Conference. The Livingstone Declaration affirmed support for the draft Cluster Munitions Convention and announced African countries' support for a prohibition on "all cluster munitions that cause unacceptable harm" and that "such prohibition should be total and immediate." Adoption of the declaration proved challenging both procedurally and substantively, with South Africa expressing dissatisfaction with the chairing of the session and refusing to endorse on the basis of the substance of the final paragraph. This paragraph was originally drafted to say that African states called for "all cluster munitions" to be the subject to the negotiations of a convention prohibiting their use. As a compromise Sierra Leone suggested retaining "all cluster munitions" but adding "that cause unacceptable harm" which South Africa agreed would be sufficient to secure its support for the declaration. Crucially, by noting the need for the prohibition to be "immediate from the convention's entry into force" the declaration affirms a clear aspiration amongst African states that there should be no transition period for use in the new treaty. In addition the declaration notes that "all harm is unacceptable." Furthermore a very strong paragraph was added to the declaration on victim assistance. Only Egypt disassociated itself from the Livingstone Declaration.

 

Wellington Declaration

 In addition to the adoption of the Livingstone Declaration, nine states publicly announced their commitment to formally endorse the Wellington Declaration, after clear indications from Ireland and several other delegations that this would be necessary to participate in the Dublin Conference. These states were: Cameroon, Guinea Bissau, Guinea Conakry, Lesotho, Liberia, Niger, the Republic of Congo, Tanzania and Zimbabwe. A number of other African states noted privately that they had or were in the process of endorsing the Wellington Declaration.

 

African Coordination

 Delegates discussed the need to coordinate the work of African states in Dublin and also noted the possibility of engaging the African Union in the work on cluster munitions. Delegates broadly agreed that the priority was an informal coordination mechanism for the Dublin Conference and Zambia was appointed as coordinator of the African group for this purpose.

 

African champions

 Zambia was strong on all aspects of the treaty. Ghana and Zimbabwe emerged as strong advocates on the definition issue. Mauritania and Sierra Leone effectively promoted victim assistance. Guinea Bissau was very strong on stockpile destruction. DR Congo, Kenya, Mali and Uganda were very strong on responsibility for past users, both on clearance and international cooperation and assistance. Liberia was strong on several key issues, including interoperability.

 

Parliamentary and political engagement

 The Zambian Foreign Minister opened the meeting with a strong statement showing the country's commitment to the Oslo Process. The Minister of Disaster Preparedness and the Deputy Minister of Foreign Affairs of Uganda participated in the meeting and announced the Kampala meeting in September aimed at rallying African support for signature and ratification of the treaty. Parliamentarians from Sierra Leone and Tanzania also participated and there was clearly a will amongst delegates for more engagement with African parliamentarians in the process.

 

Substantive discussions

African states discussed the key controversial treaty issues in the international process including the definition of cluster munitions, transition periods, as well as the responsibility of past users for clearance and international cooperation and assistance in general. There was very strong support for the humanitarian elements of victim assistance, clearance and international cooperation and assistance.

 

General Obligations and Scope

 CMC and ICRC presented the controversial issues of transition periods and interoperability. There was strong consensus that the treaty should not allow for transition periods for use and that the prohibition on providing assistance for anyone to use, produce, transfer or stockpile cluster munitions should be clear and unequivocal, including during joint military operations. Earlier confusion from certain states between transition periods for use and deadlines for stockpile destruction and clearance was clarified over the course of the conference, with delegations making it clear that any transition period allowing for use would be entirely unacceptable.

 

Definitions

 The Norwegian Defence Research Establishment presented on definitions, claiming that cluster munitions had limited military utility and that munitions with sensor-fuzing should not be considered cluster munitions and that these weapons represented an increasingly viable alternative to cluster munitions. The CMC critiqued the proposed technical exclusions highlighting the need to benchmark these proposals against their ability to actually mitigate the indiscriminate area effect and UXO effects of cluster munitions. The CMC emphasised the need for a categorical ban and that the burden of proof is on states to demonstrate the acceptability of any exclusions, stressing that the resolution of article 2(c) would be the critical negotiation for Dublin.

 

There was overwhelming support from the majority of among African states for a categorical ban on all cluster munitions arguing that only a clear and comprehensive prohibition would stigmatise the weapon and prevent all further use. In noting their conviction for a categorical ban, Ghana declared that "this is not an anti-military campaign but pro humanity" and the Deputy Minister of Uganda said that his intention is not to reduce the military capability of Uganda's army and that there are alternative weapon systems to cluster munitions. South Africa was a lone voice in Africa arguing that certain cluster munitions are legitimate weapons of war as long as they are targeted properly and have "a reliability rate of 98%". South Africa argued that such weapons should be excluded from the prohibition.

 

Victim Assistance

Berihu Mesele Arefaine opened this session by giving his personal experience of a cluster munition strike in his town, Mekele, Ethiopia. Aimable Rukundo from Rwanda spoke on his experience as an African survivor. The CMC presented emphasising the historic steps forward reflected in the draft convention on survivor assistance and encouraged states to include strong and obligatory victim assistance provisions, which would be the first time victim assistance is made obligatory within a disarmament treaty.

 

States spoke strongly in favour of the broad definition of "victim" in the treaty and promoted comprehensive provisions on assistance, arguing that the current draft article on victim assistance should be retained or even strengthened. States broadly agreed with the CMC's conviction that the new convention should set a new standard on victim assistance and human rights.

 

Clearance and stockpile destruction

African states found common agreement on retaining the strong text in the clearance article as well as ensuring that past user states take responsibility to clear cluster munitions where they have used them. Affected countries in particular voiced their commitment and need for the clearance process

 

One of the main issues of discussion was the responsibility of user states in assisting affected states. Several states affected by cluster munitions and landmines including the DRC stressed the importance of international assistance to ensure that their countries are cleared and that assistance is provided to victims. 

 

International Cooperation and Assistance

States agreed that past users should have a particular obligation to provide assistance to affected states. It was proposed that victim assistance should be highlighted within article 6 and that the social and economic inclusion and integration of survivors is paramount. It was generally agreed that assistance should be limited to states party to the treaty.

 

For further information, visit the Cluster Munition Coalition website at www.stopclustermunitions.org

We are speaking out today on the Global Day of Action to Ban Cluster Bombs where people across all continents, cultures and faiths are taking action and calling for a ban on cluster bombs.

 

A comprehensive ban on cluster bombs can and must be negotiated one month from now in Dublin, Ireland, in May 2008. We urge governments to take up this heavy responsibility by seizing this opportunity to take concrete action for the protection of the vulnerable and for the promotion of peace.

 Sincerely,

 The Most Reverend Desmond Tutu, Anglican Archbishop Emeritus of Cape Town

 Dr. Christoph Cardinal Schönborn, Cardinal Archbishop of Vienna, Catholic Church of Austria

 Archbishop Dermot Martin, Archbishop of Dublin, Catholic Church in Ireland

 Archbishop Gunnar Stålsett, Committee World Council Religions for Peace, Lutheran Church of Norway

 Sister Emmanuelle, Founder and Honorary President of ASMAE (Association Soeur Emmanuelle), France.

 Archbishop Antonio Ledesma, Vice President of the Catholic Bishops Conference of the Philippines and Bishop-President of Pax Christi Pilipinas (Philippines)

 Archbishop John Dew, Archbishop of Wellington, Catholic Church of New Zealand

 Chief Rabbi David Rosen, Chairman of the International Jewish Committee for Interreligious Consultations, Israel

 Archbishop John Onaiyekan, Archbishop of the Abuja Diocese of the Catholic Church and President of the Christian Association of Nigeria

 Dr Muhammad Abdul Bari, Secretary General, Muslim Council of Britain

 Indarjit Singh, Director of the Network of Sikh Organisations, UK

 Rabbi Danni Rich, Chief Executive of Liberal Judaism

 Monsignor Samuel Gandi, Apostolic Administrator, Archdiocese of Freetown and Bo (Roman Catholic), Sierra Leone

Reverend Osman J. Fornah, President, Inter-Religious Council of Sierra Leone

Sheik Abu Bakarr Conteh, 1st Vice President, Inter Religious Council of Sierra Leone, Imam of Freetown  Municipality Council and Masjid Hamdallah
Sheik Abu-Bakarr Tejan-Jalloh, Chief Imam of Freetown Central Mosque, Sierra Leone

 Monsignor Laurent Monsengwo, Archbishop of Kinshasa, DR Congo and Co-President Pax Christi International

 Bishop Kike Figaredo, Apostolic Prefect of Battambang, the Catholic Church in Cambodia

 Bishop Émile Destombes, Apostolic Vicar of Phnom Penh, the Catholic Church in Cambodia

 Bishop Anthony Sami, Catholic Church in Cambodia

 Bishop Yves Ramousse Gustave, The Catholic Church in Cambodia

 Bishop Eliezer M. Pascua, General Secretary of the United Church of Christ in the Philippines 

 Bishop Jessie Suarez, South Luzon Jurisdictional Area, United Church of Christ in the Philippines

 Bishop Peter Cullinane, Bishop of Palmerston North, Presbyterian Church of Aotearoa New Zealand

 Bishop Denis Browne, Bishop of Auckland, Catholic Church of New Zealand

 Bishop Barry Jones, Catholic Diocese of Christchurch, New Zealand

 Bishop David Stancliffe, Bishop of Salisbury, Church of England

 Bishop William Kenny, Auxiliary Bishop of Birmingham and Spokesman on European Affairs for the Bishops’ Conference of England and Wales

 Reverend Jonathan Edwards, General Secretary of the Baptist Union of Great Britain

 Reverend Dr Martyn Atkins, President of the Methodist Conference, United Kingdom

 Reverend Gregor Henderson, President of the Uniting Church in Australia

 Reverend Dr. Setri Nyomi, Secretary General of World Alliance of Reformed Churches, the Presbyterian Church in Canada

 Rabbi Steven Jacobs, Temple Kol Tikvah, USA

Right Reverend Francis S. Nabieu, Head of Methodist Church Sierra Leone

 Dr. Fauzy Khoury, Exarch of the Greek Catholic Melkite Church in the Galilee

 Muhammad Amir Kpakpo Addo , Ag. Executive Secretary, Ghana Conference of Religions for Peace, Ghana

 Pratap Bhogilal , Chairman Emeritus, World Jain Confederation, India

 M. L. Pindolia, President, Hindu Council of Africa, Africa

 Samdech Tep Vong, The Great Supreme Patriarch of the Kingdom of Cambodia, Cambodia

 Issa Kirarira, Chairman, Media for Peace and Religious Tolerance Organisation, Uganda

 Rev. Pat de Ramos-Bremond , Minister, Broadmeadows Uniting Care, Australia

Fr. Tom Ryan , Paulist Office for Ecumenical and Interfaith Relations, USA

 Taoist Mission Secretarial Office, Taoist Mission Secretarial office, Singapore

 Ms Farida Ali , President Emeritus, Islamic Heritage Society, Pakistan

 Pal Khn Chon, Won Buddhism Overseas Missions, Korea

 Bishop Erik Norman Svendsen, Diocese Copenhagen, Evangelical Lutheran Church in Denmark

 Bishop Kresten Drejergaard, Diocese Fyen, Evangelical Lutheran Church in Denmark

 Bishop Elisabeth Dons Christensen, Diocese Ribe, Evangelical Lutheran Church in Denmark

 Bishop Steen Skovsgaard, Diocese Lolland-Falster, Evangelical Lutheran Church in Denmark

 Bishop Karsten Nissen, Diocese Viborg, Evangelical Lutheran Church in Denmark

 Bishop Kjeld Holm, Diocese Aarhus, Evangelical Lutheran Church in Denmark

 Bishop Søren Lodberg Hvas, Diocese Aalborg, Evangelical Lutheran Church in Denmark

 Bishop Niels Henrik Arendt, Diocese Haderslev, Evangelical Lutheran Church in Denmark

 Pastor Jørgen Bøytler,  The Moravian Church in Denmark, member of the Provincial Board in the European Continental Province of the Moravian Church

 Reverend Dr Anthony Dancer, Social Justice Commissioner of the Anglican Church in Aotearoa, New Zealand

 Reverend Brian Turner,  President, Methodist Church of New Zealand, Aotearoa-New Zealand

 Monsieur Gregory BAUM, théologien et écrivain, professeur émérite, Sciences religieuses, Université McGill, Montréal

 Madame Élisabeth GARANT, directrice du Centre justice et foi et de la revue Relations (Relations est une revue d’analyse sociale et religieuse, initiative des Jésuites à Montréal)

 Sister Donna GEERNAERT, Congregational Leader, Sisters of Charity of Saint Vincent de Paul, Présidente de la Conférence Religieuse Canadienne – CRC – Canadian Religious Conference (Association of Major Superiors of Women and Men Congregations in Canada)

 Madame Heather EATON, théologienne, professeur à la Faculté de théologie, Université Saint-Paul, membre du Canadian Forum on Religion and Ecology

 Pasteur David FINES, rédacteur en chef de la revue Aujourd’hui Credo, magazine de l’Église Unie au Canada – Director of Aujourd’hui Credo

 Monseigneur Pierre MORISSETTE, évêque de Baie-Comeau, Vice-président de la Conférence des Évêques Catholiques du Canada (CECC) – Canadian Conference of Catholic Bishops (CCCB)

 Madame Carolyn SHARP, théologienne, professeur à la Faculté de théologie, Université Saint-Paul, Ottawa

 Bishop Raymond Field, Chairman Commission for Justice and Social Affairs, Catholic Church of Ireland

 Bishop John Kirby, Chairman Trocaire, Catholic Church of Ireland

 Mgr. A. H. van Luyn S. D. B, President Pax Christi Netherlands, Bishop of Rotterdam, Catholic Church in the Netherlands

 Msgr. Marc Stenger, Bishop of Troyes and Bishop President of Pax Christi France

 Bishop Sofie Petersen, Evangelical Lutheran Church and Bishop of Greenland

 Bishop John Bluck, Bishop of Waiapu, Anglican Church in Aotearoa, New Zealand and Polynesia

 Bishop James Moriarty, Roman Catholic Church, Ireland

 Bishop Raymond Field, Chairman Irish Commission for Justice and Social Affairs, Roman Catholic Church, Ireland

 Bishop John Kirby, Chairman Trocaire, Roman Catholic Church, Ireland

 V. Rev. Leonid Kishkovsky, Director of External Affairs, Orthodox Church in America & Moderator, Religions for Peace, USA

 Rev. Nichiko Niwano, President, Rissho Kosei-kai, Japan

 Dr. Khurshid Khan, Ameer/President of the Islamic Circle of North America, USA

 Khalid Rasheed, Secretary General, Islamic Centre of India, India

 Rev. Canon Charles P. Gibbs, Executive Director, United Religions Initiative, USA

 Mohammad Sammak , Secretary General, Christian-Muslim Committee for Dialogue, Lebanon

 Karen Hurley, President General, World Union of Catholic Women’s Organisations

 Dr William Vendley , Secretary General, Religions for Peace, USA

 Rev. Vebjørn L. Horsfjord, General Secretary, European Council of Religious Leaders, Religions for Peace, Norway

 Dr Sayyid M. Syeed , National Director, Islamic Society of North America, USA

 Rev. W. Douglas Mills, PhD , Associate General Secretary, The United Methodist Church, USA

 Mr Stein Villumstad, Deputy Secretary General, Religions for Peace – USA, Norway

 Daniel Barton , Ecumencial Youth Council in Europe, Belgium

 Dr Günther Gebhardt, Vice-Moderator, Religions for Peace – Europe, Germany

 Sr. Mary-Ellen Francoeur, Religions for Peace – Canada, Canada

 Christina Brown , Co-Founder, Center of Inter-Faith Relations, USA

 Jim Schrag, Executive Director, Mennonite Church, USA

 Rolando Santiago, Executive Director, Mennonite Central Committee, USA

 Arli Klassen, Executive Director, Mennonite Central Committee, USA

 James E. Winkler, General Secretary, General Board of Church and Society, the United Methodist Church, USA

 Marie Dennis, Director, Maryknoll Global Concerns, Co-President, Pax Christi International

 Mary Ellen McNish, General Secretary, American Friends Service Committee, Philadelphia, USA

 Claudette Werleigh, Secretary General Pax Christi International

 Ella Storesletten , Norwegian Church Aid, Norway

 Roel Aalbersberg, Coordinator for Worldwide Program, ICCO, Netherlands

 Rev. Stig Utnem, Former general secretary of the Council on Ecumenical and International Relations of the Church of Norway, Advisor to ECRL

 Crescencia C. Gabijan , Board Member, Religions for Peace – Philippines, Philippines

 Elizabeth Young, SA Interfaith Network, Australia

 Ziad Moussa , Former IYC Coordinator, Lebanon

 Arne Sæveraas , Special Advisor, Norwegian Church Aid, Norway

 Gopika Dass, Regional Representative, Sudan-Kenya

 Ela Gandhi, Editor/Chair of Satyagraha, In Pursuit of Truth, South Africa

 Edy Korthals Altes , Former Ambassador, Netherlands, Netherlands

Gabriele Cipriani, Conselho Nacional de Igrejas Cristвs, Brazil

Luiz Alberto Barbosa, Igreja Episcopal Anglicana do Brasil

The Most Reverend Dr. John R W Neill, Archbishop, Church of Ireland

Rev. John Stephens, Methodist District Superintendent, Ireland 

Rev. Bishop Donal McKeown, Auxiliary Bishop Belfast

Dr. Joachim Diestelkamp, Pastor of the Lutheran Church, Ireland

Imam Yahya Al Hussein, Islamic Foundation of Ireland

Mr. Abdujalol Aliev, Head of Tajik State Islamic University

Faith Leaders’ Appeal for an

International Treaty to Ban Cluster Munitions

As people of faith, we raise our voices for the protection of life and promotion of peace by calling on all governments to end the production, transfer, stockpiling, and use of cluster bombs.  

 

For more than 40 years, cluster bombs have killed and wounded innocent people, causing untold suffering, loss and hardship for thousands in more than 20 countries across the planet. These weapons cause death and injury to civilians during attacks and for years afterwards because of the lethal contamination that they cause. Cluster bombs hamper post-conflict rebuilding and rehabilitation and the dangerous work of cluster bomb clearance absorbs funds that could be spent on other urgent humanitarian needs. Without determined action, the civilian harm caused by these weapons both during and after conflict will continue to grow.

 

The voices of those whose lives have already been shattered by cluster munitions call us to take meaningful and courageous action. Our faith traditions call us to stand with those who have suffered, and to work for the well-being of the human family through relationships of respect, justice, and peace.