Five-Year Review: State Party Guatemala ratified the convention on 3 November 2010 and enacted implementing legislation for the convention in August 2012. It has participated in all of the convention’s Meetings of States Parties and intersessional meetings. Guatemala has condemned new use of cluster munitions by any actor under any circumstance on several occasions. In its initial transparency report for the convention provided in 2011, Guatemala confirmed it has never used, produced, transferred, or stockpiled cluster munitions.

Policy

The Republic of Guatemala signed the Convention on Cluster Munitions on 3 December 2008, ratified on 3 November 2010, and the convention entered into force for the country on 1 May 2011.

Guatemala’s implementing legislation for the convention is the Law on Cluster Munitions and/or Explosive Bomblets enacted on 14 August 2012, whichimposes penal sanctions of 12–18 years imprisonment for engaging in acts prohibited by the law, while assistance with these acts is subject to a prison sentence of 10–15 years.[1]

Guatemala provided its initial Article 7 transparency measures report for the Convention on Cluster Munitions on 31 August 2011 and submitted annual updates in 2012 and 2013.[2] As of 1 July 2015, it has not provided any additional annual updates due by 30 April each year.

Guatemala actively participated in the Oslo Process that produced the Convention on Cluster Munitions and opposed efforts to weaken the convention in any way.[3]

Guatemala has participated in every Meeting of States Parties of the convention, including the Fifth Meeting of States Parties in San Jose, Costa Rica in September 2014, where it made a general statement.[4] Guatemala has attended every intersessional meeting of the convention held in Geneva, including in June 2015. It has also participated in regional workshops on cluster munitions, most recently in Santiago, Chile in December 2013.

Guatemala has condemned recent use of cluster munitions in South Sudan, Syria, and Ukraine. In September 2014, it stated, “we firmly condemn any use of cluster munitions under any circumstances by anyone,” describing the use as a violation of international humanitarian law. Guatemala further stated, “we deplore the use of use of cluster munitions in in Syria, Ukraine, and South Sudan.”[5]

At the UN General Assembly’s (UNGA) First Committee on Disarmament and International Security in October 2014, Guatemala reiterated its support for the Convention on Cluster Munitions and said it “strongly” condemns the use of cluster munitions by any actor and under any circumstances, and reaffirms that this act constitutes a violation of the principles enshrined in international humanitarian law.[6] Guatemala has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[7]

Interpretive issues

On interpretive matters relating to the convention,Guatemala stated in May 2010 that in its view “the stockpiling of cluster munitions of other countries in the territory of a State Party to the Convention, as well as the investment in its production is prohibited according to Article 1 of the Convention.”[8]

Guatemala said in March 2009, “Even though the Convention is not explicit…Guatemala agrees that the transit of cluster munitions in the territory of the States Parties should not be permitted.” This position is affirmed in Guatemala’s national implementation legislation, which states that the “trading, illegal possession or carrying” (“intermediación, tenencia y portación”) of cluster munitions is prohibited.[9] In its 2009 statement, it also noted its opposition to the convention’s provision on interoperability and stated, “Guatemala would not participate in any military operation with States that use cluster munitions.”[10] Although Guatemala’s implementation legislation allows the country’s forces to participate in joint operations with states not party that might engage in prohibited acts, the law does not waive its absolute prohibitions in such situations.

Guatemala is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, transfer, and stockpiling

Guatemala has stated on several occasions that it has never used or transferred cluster munitions.[11] It has declared that it has no facilities for the production of cluster munitions.[12]

Guatemala has declared that it has no cluster munitions stockpiled, including for training purposes.[13]

Guatemala’s implementing legislation allows for cluster munitions to be retained or acquired for training purposes and states that any retained munitions “will not exceed the minimum number that the National Ministry of Defence considers absolutely necessary.”[14]