Myanmar_Burma
Cluster Munition Ban Policy
Summary
Non-signatory Myanmar has expressed interest in the Convention on Cluster Munitions, but has not taken any steps to join it. Myanmar last participated in a meeting of the convention in 2013. It abstained from voting on a key United Nations (UN) resolution promoting the convention in December 2021.
Myanmar has stated that it has never used, produced, or transferred cluster munitions.
Policy
The Republic of the Union of Myanmar has not acceded to the Convention on Cluster Munitions.[1]
After Myanmar’s armed forces, known as the Tatmadaw, took control of the country in a military coup on 1 February 2021, it formed a provisional government headed by the State Administration Council, chaired by Tatmadaw Commander-in-Chief Min Aung Hlaing. Parliamentarians elected prior to the coup in November 2020 formed a National Unity Government (NUG) in exile in April 2021, which holds Myanmar’s seat at the UN.[2]
Myanmar has expressed interest in the convention, but has not taken any steps to accede to it. Previously, in November 2019, Myanmar reiterated that it cannot join the convention until there is a nationwide peace agreement with non-state armed groups (NSAGs).[3] According to Myanmar, the convention aims to “prevent the indiscriminate use” of cluster munitions, which can lead to “vulnerability and serious humanitarian impact.”[4]
Myanmar participated in a regional meeting of the Oslo Process that created the Convention on Cluster Munitions in Vientiane, Lao PDR in October 2008. It also attended a regional conference on the convention held in Bali, Indonesia in November 2009.
Myanmar has participated as an observer at several meetings of the convention, most recently the Second Review Conference held in November 2020 and September 2021. This was its first participation in a meeting of the convention since 2013.[5] Myanmar has also attended regional workshops on the convention, including a virtual meeting for Association of Southeast Asian Nations (ASEAN) military officials convened by the Philippines in July 2020.[6]
In December 2021, Myanmar abstained from voting on a key United Nations General Assembly (UNGA) resolution that urged states outside the Convention on Cluster Munitions to “join as soon as possible.”[7] Myanmar has abstained from voting on the annual UNGA resolution promoting the convention since it was first introduced in 2015.
Myanmar is not a party to the Mine Ban Treaty or the Convention on Conventional Weapons (CCW).
Use, production, transfer, and stockpiling
Myanmar told a regional meeting in 2009 that, “we do not use cluster munitions, develop, produce, otherwise acquire, retain or transfer to anyone, directly or indirectly, nor assist, encourage or induce anyone to engage in any activity prohibited under this Convention.”[8]
Myanmar has denied using cluster munitions. In 2015, it said “cluster munitions were never used in…operations” by the Tatmadaw.[9]
The Kachin Independence Army (KIA), an NSAG operating in northeast Myanmar, alleged that the Tatmadaw used an old weapon that is similar in design to a modern cluster munition near the town of Laiza, in Kachin state, on 26 January 2013.[10] The “adapter” and 20-pound fragmentation bombs shown in photographs reviewed by Human Rights Watch (HRW) may meet the definition of a cluster munition under the Convention on Cluster Munitions.[11]
Myanmar possesses 122mm Type-81, Type-90B, and M1985 240mm surface-to-surface rocket launchers, but it is not known whether these include versions with submunition payloads.[12]
[1] The military regime changed the name of the country from Burma to Myanmar in 1989, but many ethnic groups in Myanmar’s border areas and a number of countries still prefer to use the name Burma.
[2] The Provisional Government of the Republic of the Union of Myanmar was formed on 1 August 2021 by the State Administration Council (SAC), with the Commander-in-Chief of the Myanmar Armed Forces, Gen. Min Aung Hlaing, as its chair.
[3] Myanmar Explanation of Vote on Resolution A/C.1/L.46, United Nations General Assembly (UNGA) First Committee on Disarmament and International Security, New York, 6 November 2019. Myanmar has previously indicated that it is considering joining the convention.
[4] Myanmar Explanation of Vote on Resolution L.41, 72nd Session, UNGA First Committee, New York, 31 October 2017. UNGA, Official Records, A/C.1/72/PV26, pp. 18–19 and 29. Myanmar has made similar statements on previous occasions. See, statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 15 October 2015; statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 30 October 2013; and statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 24 October 2012.
[5] Myanmar participated as an observer at the convention’s Meetings of States Parties in 2010 and 2012, and at intersessional meetings held in 2013. Myanmar did not attend the First Review Conference in September 2015.
[6] Permanent Mission of the Philippines to the UN in Geneva press release, “Philippines hosts webinar to promote Convention on Cluster Munitions among ASEAN Member States,” 29 July 2020.
[7] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 76/47, 6 December 2021.
[8] Statement of Ye Minn Thein, Ministry of Foreign Affairs, Regional Conference on the Promotion and Universalization of the Convention on Cluster Munitions, Bali 16 November 2009.
[9] Statement of Myanmar, UNGA First Committee on Disarmament and International Security, New York, 15 October 2015.
[10] “Burma army allegedly uses cluster bombs to take KIO position,” BNI, 28 January 2013. On 19 April 2013, the deputy secretary of the Kachin National Council (KNC) provided photographs to the Cluster Munition Coalition (CMC) showing an unknown type of air-dropped bomb that it said, “confirmed that the World War-Two era 20-pound fragmentation bombs were used during the airstrikes in the KIA’s strategic outposts between 14 December 2012 and 8 January 2013 by the Myanmar Air Force.” According to the KNC, “this type has never been used in Burma’s civil war before.” The photographs were contained in an email sent to the CMC by Hkun Htoi, Deputy Secretary, KNC, 19 April 2013.
[11] There is evidence that Myanmar government forces mounted six fragmentation bombs to the adaptor, which then separated from the rack when dropped from the air. Photographs show a metal tubular rack that appears to be similar in design to the United States (US)-produced M1 cluster adapter. The small fragmentation bombs are of a more modern design and marking than World War II-era munitions. A military officer who requested anonymity confirmed that the weapon was manufactured in Myanmar. Additionally, a former military ordnance officer confirmed that the markings on the weapons were those used by Myanmar’s armed forces.
[12] “Myanmar Defense Weapons,” 20 March 2014. English translation from Hla Oo’s Blog, “Burma Army’s MRLS or Multi Rocket Launcher Systems,” 23 March 2014.