Australia is one of the 108 countries that signed the UN Convention on Cluster Munitions (CMC) which came into force on 1 August 2010. The states which are party to the convention are 'determined to put an end for all time to the suffering and casualties caused by cluster munitions'.
Cluster munitions are, basically, bombs containing lots of smaller bombs, which indiscriminately land over vast areas, usually causing loss of life and limb to civilians. Given that up to 30 per cent of cluster bombs do not explode on impact, they pose a long term threat.
Under the convention, each state undertakes 'never under any circumstances to use cluster munitions'. never to 'develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions', and never to 'assist, encourage or induce anyone to engage in any activity prohibited to a state party' under the convention.
The state parties are 'determined to work strenuously towards the promotion of (the convention's) universalisation and its full implementation'.
Australia is yet to ratify the convention. All major political parties agree that Australia should ratify the convention. Once we have ratified the Convention, we will be required to take 'all appropriate legal, administrative and other measures' to implement it. In particular, we will be required to have in place criminal laws imposing penal sanctions to prevent and suppress 'any activity prohibited to a state party under this convention undertaken by persons or on territory under its jurisdiction or control'.
Ever since 1996 when the Howard Government was elected with a mandate for ensuring better parliamentary scrutiny of executive government decisions to enter into treaties, the Australian Parliament has been equipped with a Joint Standing Committee on Treaties (JSCOT).
JSCOT is required to report on all treaty actions proposed by the Government before action binding Australia to the terms of the treaty is taken. In August 2009, JSCOT recommended that the Government take binding action in relation to the CMC.
Before ratifying the treaty, the Government wants the Parliament to put in place the necessary penal sanctions required for compliance. The Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010 has passed through the House of Representatives and been reviewed by the Senate Standing Committee on Foreign Affairs, Defence and Trade. This month it will be presented to the Senate.
The Government has assured the Parliament the proposed bill does all that the treaty would require. Ministers Rudd, Smith and