© Gretchen Murphy, 2009 - Peace Fellow, The Advocacy Project, 21 July 2009
Survivors in Vietnam make hats to be sold wholesale for distribution.

Introduction

At least 27 states and three other areas that have been affected by cluster munitions have reported cluster munition casualties.^[1] There may have been casualties in other affected states as well.^[2] In addition, there have been both military and civilian cluster munition casualties from countries that are not themselves affected.^[3]

Affected states with cluster munition casualties

Africa	Asia-Pacific	Europe-CIS	Middle East-North Africa
Angola	Afghanistan	Albania	Iraq
Chad	Cambodia	Bosnia and Herzegovina (BiH)	Israel
Democratic Republic of the Congo (DRC)	Lao PDR	Croatia	Kuwait
Eritrea	Vietnam	Georgia	Lebanon
Ethiopia		Montenegro	Syria
Guinea-Bissau		Russia	Western Sahara
Mozambique		Serbia
Sierra Leone		Tajikistan
Sudan		Kosovo
Uganda		Nagorno-Karabakh

Note: Other areas are indicated by italics.

Of the 27 states with cluster munition victims, as of 10 September 2010 six were States Parties to the Convention on Cluster Munitions (Albania, BiH, Croatia, Lao PDR, Montenegro, and Sierra Leone) and nine were signatories (Afghanistan, Angola, Chad, DRC, Guinea-Bissau, Iraq, Lebanon, Mozambique, and Uganda).

According to the Convention on Cluster Munitions, cluster munition victims are defined as all persons who have been killed or suffered physical or psychological injury, economic loss, social marginalization, or substantial impairment of the realization of their rights caused by the use of cluster munitions. Cluster munition victims include those persons directly impacted by cluster munitions as well as their affected families and communities.

The Convention on Cluster Munitions requires States Parties with victims to implement victim assistance activities, including:

• collecting data on people directly affected by cluster munitions, their families, and communities and assess their needs;
• designating a responsible focal point in government;
• developing a national plan, budget, and timeframe for implementation;
• providing adequate assistance, including medical care, rehabilitation and psychological support, as well as providing for social and economic inclusion;
• enforcing non-discrimination and including survivors; and,
• reporting on all aspects of implementation.

Victim assistance is not a new concept for cluster munition affected states. Twenty of the 27 states with cluster munition victims are party to the Mine Ban Treaty, and are responsible for providing assistance to landmine survivors. Most of these states have already received support in developing victim assistance programs through the mechanisms of the Mine Ban Treaty.^[4]

Of the seven states not party to the Mine Ban Treaty, all have either ongoing mine action programs which include victim assistance, support linked to other government programs, or long-standing non-governmental assistance projects.^[5]

Compliance with victim assistance measures included in the Convention on Cluster Munitions is compulsory. States Parties are required to report on the status and progress of implementation of all victim assistance obligations, unlike the voluntary reporting in the Mine Ban Treaty and Convention on Conventional Weapons (CCW).^[6]

States Parties Albania, Croatia, Lao PDR, Montenegro, and Sierra Leone will be required to submit their initial transparency report by 27 January 2011. For Lao PDR, which is not party to the Mine Ban Treaty or relevant CCW protocols, this will be a first opportunity to present the status of its victim assistance activities, including data collection.

Cluster Munition Casualties

There are no comprehensive, reliable statistics on cluster munition casualties. It is certain that to date, there has been massive underreporting of casualties—military and civilian—both at the time of attack and those incurred from unexploded submunitions afterwards. When casualties have been reported, there often has been no distinction between the number of people killed and the number injured, making it difficult to assess the extent of the victim assistance challenge.

According to the information available to Landmine and Cluster Munition Monitor for 2009, none of the affected states were able to report or even estimate the total number of cluster munition survivors still living on their territory, with the exception of Albania.

There have been at least 16,816 cluster munition casualties confirmed globally in total, through the end of 2009. Of this total, the vast majority (14,719) were caused by unexploded submunitions that failed to detonate during attacks. The other 2,097 casualties occurred during cluster munition attacks.^[7]

The estimated totals of cluster munition casualties are far greater than the confirmed totals, and while possibly inflated for some countries, the estimated totals are likely a better indicator of the true numbers. The estimated global total of cluster munition casualties is between 58,000 and 85,000.^[8]

Casualty totals in countries and other areas, by region

Region	Unexploded submunition casualties	Casualties during use of cluster munitions	Total
Asia-Pacific	10,506	26	10,532
Middle East-North Africa	3,507	417	3,924
Europe-CIS	391	1,175	1,566
Africa	315	479	794
Total	14,719	2,097	16,816

 

Countries with largest totals of confirmed casualties

State	Unexploded submunition casualties	Casualties during use of cluster munitions	Total
Lao PDR*	7,538	N/A	7,538
Iraq*	2,606	388	2,994
Vietnam	2,100	N/A	2,100
Afghanistan*	743	26	769
Lebanon*	690	16	706
Total	13,677	430	14,107

*=signed or ratified the Convention on Cluster Munitions
N/A=not available

The last confirmed casualties during cluster munition strikes occurred in Georgia in 2008 with 13 civilians killed and 48 injured.^[9] However, there was a credible but as yet unconfirmed report of a US cluster munition strike in Yemen in December 2009 that killed 55 people, including 41 civilians, of which 14 were women and 21 were children.^[10]

Previous research has shown that almost all known cluster munition casualties were civilians, the majority male, and a significant proportion were children at the time of the incident.^[11]

While the lack of data on cluster munition casualties is remarkable, even less is known about the number and needs of affected families and communities. The needs are clearly extensive but the means of measuring them remains largely undefined.

Unexploded submunition casualties in 2009

Casualties caused by unexploded submunitions were reported in at least nine countries and one area in 2009. The limited information available indicated at least 100 casualties, including 64 people injured, 22 killed, and 14 unknown. It is likely that more casualties occurred.

Victim Assistance
Assessing the needs

Two key victim assistance provisions of the Convention on Cluster Munitions are to make “every effort to collect reliable relevant data with respect to cluster munition victims” and to “[a]ssess the needs of cluster munition victims.” At the time of entry into force of the convention on 1 August 2010, Lao PDR and Lebanon had made serious efforts to collect information on cluster munition casualties and continued to do so. A small number of other States Parties and signatories had taken limited steps.^[12]

• Lao PDR: The Lao National UXO Accidents and Victim Survey Phase 1, a nationwide casualty survey recording retrospective data completed in 2008, was a significant advance in data collection on cluster munition casualties. The survey found that some 15% (7,500) of over 50,000 casualties recorded since 1964 were caused by unexploded submunitions. Phase 2 of the survey began in 2010 to collect information for the period from 2008 forward.^[13]
• Lebanon: In 2009, the Lebanon Mine Action Center collected detailed information on the needs of survivors injured between July 2006 and the end of 2009, as part of an ongoing casualty data verification process. The needs of survivors injured prior to July 2006 were being assessed in the second phase of the verification, underway in 2010.
• Albania: Casualties from unexploded submunitions are included in an existing database and all known survivors are included in the victim assistance program’s ongoing monitoring.
• Bosnia and Herzegovina: BiH undertook a national casualty data revision and needs assessment in 2008–2009. However, cluster munitions/unexploded submunitions were not included as a device type in the questionnaire and the data was found to be unreliable for program implementation with significant underreporting of casualties.
• Croatia: A casualty database contains limited information on unexploded submunition casualties, but since 2003, casualties from areas other than those affected by landmines have not been recorded in the system. In 2009, Croatia committed to unifying existing data on mine/ERW casualties and other war victims for use in needs assessment and service implementation, albeit limited to known mine hazard areas.
• Mozambique: Mozambique carried out a pilot survey of survivor needs in Maputo province with results to be used to plan victim assistance activities and mobilize national and international support, but cluster munition casualties were not differentiated from casualties of other device types.

Government focal point for victim assistance

States Parties with cluster munition casualties must designate a focal point within the government with responsibility for coordinating implementation of victim assistance provisions of the convention. Of the states with known cluster munition victims, several had an existing national focal point for victim assistance. Some are ministries^[14] and others mine action centers.^[15] A number of countries, such as Croatia and Mozambique, also had separate disability focal points which could be designated as Convention on Cluster Munitions victim assistance focal points, with a view to sustainability, creating synergies, and avoiding overlap.

National plan and budget

Among the six States Parties with victim assistance responsibilities, BiH had an ongoing multiyear plan relevant to victim assistance, Croatia and Lao PDR were reported to be developing victim assistance plans in 2010, and Albania was reportedly working from its 2005–2009 plan in anticipation of a new five-year plan.

Signatories Afghanistan and Uganda had ongoing multiyear plans as of 1 August 2010, while Chad, DRC, and Iraq were reported to be developing plans.

Non-signatories Cambodia and Sudan had ongoing multiyear plans, and Tajikistan continued to use its National Victim Assistance Plan of Action 2005–2009, which had been revised and updated in November 2008.

Existing national disability, development and human rights frameworks

In 2009, there were several examples of national frameworks that victim assistance plans and budgets could be incorporated into, as urged for by the Convention on Cluster Munitions.

• The Albanian national Mine Action Plan aimed to make victim assistance sustainable by including it in the implementation of the National Strategy on People with Disabilities. It also included victim assistance in regional development initiatives.

Croatia had a National Strategy of Equalization of Possibilities for Persons with Disabilities 2007–2015, but victim assistance was not yet included. In 2009, the Croatian office of the Ombudsperson for Persons with Disabilities became fully functional, offering a possibility for ensuring victim assistance rights through the disability and human rights framework.

Several non-signatories also had frameworks into which victim assistance could be integrated. For example in late 2009, disability issues were included in a draft update of the Cambodian National Strategic Development Plan for 2009–2013. Eritrea included victim assistance in its extensive national Community-Based Rehabilitation Program and accompanying monitoring system with ministerial cooperation in the UN development framework. In Georgia a three-year plan for social integration of persons with disabilities was adopted in December 2009. In Vietnam, a National Coordination Committee on Disabilities was responsible for the implementation of the National Action Plan for Supporting People with Disabilities (2006–2010).

Survivor inclusion

In fulfilling all victim assistance obligations, the convention calls upon States Parties to “closely consult with and actively involve cluster munition victims and their representative organisations.” Among the states with cluster munition survivors, 14 had already consulted mine/ERW survivors and/or their representatives in planning and coordination to some extent. Survivors were also involved in the implementation of services, generally through NGOs and most often in peer support and social inclusion initiatives.^[16]

Adequacy of assistance

The Convention on Cluster Munitions requires that states “adequately provide” victim assistance. To fulfill this legal obligation, each State Party should determine what would be “adequate” in its national circumstances for each key aspect of victim assistance, including medical care, rehabilitation and psychological support, social and economic inclusion, and other relevant services.

Implementation of victim assistance in 2009: key indicators and challenges

In 2009, nearly all states and areas with cluster munition victims faced significant challenges providing holistic and accessible care to affected individuals, families, and communities. While the particular challenges varied, common challenges included a lack of economic inclusion and psychosocial support as well as insufficient availability or access to services for survivors based in rural areas. In nearly all cases, services targeted survivors themselves and not their families or affected communities, though in 2009, one economic inclusion program in Albania was broadened to include family members of survivors. Among states that had signed or ratified the convention, at least seven struggled to provide services across all key areas of victim assistance.^[17] Below are some of the challenges and achievements in provision of services in states and other areas with cluster munition victims, as of the end of 2009.^[18]

The Convention on Cluster Munitions stipulates that affected states should make efforts to “incorporate relevant guidelines and good practices including in the areas of medical care, rehabilitation and psychological support, as well as social and economic inclusion.” The extent to which states with cluster munition victims are making these efforts is not known.

Victim assistance challenges and achievements

States Parties

State	Victim assistance implementation
Albania	Physical rehabilitation adequate in affected areas; support provided by government and a local NGO; families of survivors are part of economic inclusion
BiH	Discrimination in access to services between civilian and military survivors; lack of psychosocial and economic inclusion
Croatia	Need for a more integrated approach; psychosocial support insufficient
Lao PDR	Available services are not able to meet demand in all aspects of assistance
Montenegro	Insufficient primary health care; limited economic inclusion
Sierra Leone	Limited access to victim assistance services of any kind

 
Signatories

State	Victim assistance implementation
Afghanistan	Insufficient emergency medical capacity, but efforts being made; additional physical rehabilitation centers needed; biggest gap is economic inclusion
Angola	Lack of transport and poor infrastructure make access difficult; improved healthcare, but a decline in physical rehabilitation since 2005; insufficient psychosocial support and economic inclusion
Chad	Few services of any kind available and limited access to these because of security situation; dependence on international providers
DRC	Very few survivors receive any services
Guinea-Bissau	Almost no victim assistance services of any kind, including no free or at-cost prosthetic services
Iraq	Limited access to victim assistance services of any kind, particularly in southern and central Iraq; most rehabilitation centers in the north provide holistic care
Lebanon	Survivors mostly have their basic needs met across all service areas, including psychosocial support, mostly through national NGOs
Mozambique	Most survivors in rural areas have little access to services of any kind; some access to medical care and physical rehabilitation in provincial capitals; little to no psychosocial or economic inclusion
Uganda	Limited availability of all services, but particularly for survivors in western Uganda; increases in availability of psychosocial support and economic inclusion with some increased government funding in this area and growth of survivor organizations

 
Non-signatories

State	Victim assistance implementation
Cambodia	Many survivors do not have basic needs met in any area; physical rehabilitation not sustainable; psychosocial and economic inclusion postponed
Eritrea	Services are available and efforts are being made to provide assistance across all components of victim assistance, but are not sufficient to meet demand
Ethiopia	Lack of available services in all areas; psychosocial support and economic inclusion are the biggest gaps
Georgia	Lack of psychosocial support and social reintegration; economic inclusion is limited
Israel	Medical, physical rehabilitation, and socio-economic inclusion costs are all covered
Kuwait	Service are good and mostly provided free of charge for nationals, but non-nationals (often poor guest workers) have limited access
Russia	In Chechnya, rehabilitation services are generally adequate and improving; economic inclusion is limited and specific victim assistance through NGOs is decreasing
Serbia	Medical and physical rehabilitation services exist, but with problems of quality and accessibility; little to no psychosocial support or economic inclusion
Sudan	Availability of all services is limited and access is impeded by the security situation; psychosocial support is the biggest gap, but there has been some increased focus to improve adequacy; there are some economic inclusion programs, but not enough to meet all needs; fewer services exist in Southern Sudan
Syria	Focus on improving medical care and physical rehabilitation; no psychological support; economic inclusion activities are very limited
Tajikistan	Availability of medical and physical rehabilitation is improving, but the need for more holistic assistance is recognized; more economic inclusion services are needed
Vietnam	Reasonable access to healthcare, rehabilitation and vocational training, but less access to psychosocial support; access to services is limited in rural areas

 
Other areas

Area	Victim assistance implementation
Kosovo	Lack of adequate health care and rehabilitation; fewer services available in psychosocial or economic inclusion
Nagorno-Karabakh	Services are generally available, but limited by financial constraints; psychosocial support and economic inclusion are limited
Western Sahara	All services lack adequate availability; there is some limited health care and rehabilitation through refugee camps; total absence of psychological support or economic inclusion

 
National and International Laws

Most states with responsibility for cluster munition survivors have taken steps to develop, implement, and enforce national laws and policies relevant to persons with disabilities. However, overall implementation and enforcement has been inadequate, and far below ensuring “the full realisation of the rights of all cluster munition victims,” as called for in the convention.

States Parties to the Convention on Cluster Munitions commit to adequately providing assistance to people directly affected by cluster munitions, their families, and communities in accordance with applicable international humanitarian and human rights law. Applicable international law could include the Mine Ban Treaty, the CCW, the UN Convention on the Rights of Persons with Disabilities, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and more.

Adherence to the principle of non-discrimination

The convention says that States Parties shall not discriminate against or among cluster munition victims, or between cluster munition victims and those who have become disabled from other causes. Only a few of the countries that have cluster munitions victims have reported on their adherence to this principle of non-discrimination. Lao PDR reported that there was no discrimination based on gender, ethnicity, type of disability, or civilian/military status. In contrast, there was clear discrimination in BiH, as disabled war veterans were given a privileged status above that of civilian war survivors and other persons with disabilities. Women and the elderly in Afghanistan were subject to discrimination that prevented them from fully accessing available services. In most countries where discrimination was reported, it was due to preferential treatment for veterans, or against particular gender, age or regional groups, rather than differences in treatment between persons with disabilities based on cause of disability or the type of weapon that caused injury.

 

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