12th May 2011 – Senate Motions - Cluster Bombs - Extend prohibitions

The majority voted against a motion introduced by Greens Senator Scott Ludlam, which means it was rejected.

Motion text

That the Senate—

(a) notes that:

(i) cluster munitions are one of the most inhumane forms of weapons from a humanitarian, medical and ethical perspective,

(ii) as a 'legacy weapon' cluster munitions continue to kill and maim, affecting generations of people after conflict is over, meaning that survivors of war do not necessarily survive the peace,

(iii) during the Vietnam War, 280 million cluster bomblets were dropped on Laos, leaving at least 80 million unexploded cluster bombs in that country alone such that 37 years later, survivors are still being harmed and killed,

(iv) cluster bombs are still being used and produced internationally, with confirmed reports of their use against civilians in the Libyan conflict in April 2011,

(v) Australia is one of 108 countries that has signed the 2008 Convention on Cluster Munitions, and

(vi) by signing the convention, Australia undertook to never under any circumstances use cluster munitions, develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions, or assist, encourage or induce anyone to engage in any activity prohibited to a state party under this convention;

(b) acknowledges the bravery of 19 year old cluster bomb survivor Mr Soraj Ghulam Habib from Afghanistan and the work he is doing as an international advocate for peace and universal disarmament of cluster bombs; and

(c) calls on the Attorney-General to:

(i) urgently revise the Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010 to reflect the convention which states parties should never 'under any circumstances' engage in prohibited activities related to cluster munitions,

(ii) apply the convention's prohibitions on use in joint operations with non-states parties,

(iii) urgently revise the bill in relation to jurisdiction issues which explicitly allow foreign forces to use Australian territory to stockpile and transit cluster bombs,

(iv) honour our obligations under the convention to ban all forms of both direct and indirect investment in cluster munitions and which echoes calls from the Australian financial industry and the Australian Council of Super Investors, and

(v) honour our obligations under the convention to provide assistance to ensure adequate provision of care and rehabilitation for victims of cluster munitions, clearance of contaminated areas, education and destruction of stockpiles.