Sierra Leone
Cluster Munition Ban Policy
Summary: State Party Sierra Leone was one of the first of 30 ratifications to trigger the convention’s entry into force on 1 August 2010. It has expressed its desire to enact national implementing legislation for the convention. Sierra Leone has participated in several meetings of the convention, most recently in 2013. It has condemned new use of cluster munitions. Sierra Leone states that it has never used, produced, stockpiled, or transferred cluster munitions. Cluster munitions were used in Sierra Leone in 1997.
Policy
The Republic of Sierra Leone signed and ratified the Convention on Cluster Munitions in Oslo on 3 December 2008. It was among the first 30 ratifications that triggered entry into force of the convention on 1 August 2010.
Sierra Leone has expressed its desire to enact national implementing legislation for the convention, but the current status of this process was not known as of July 2015.[1] In 2011, Sierra Leone announced that it was working to adopt national legislation “prohibiting future possession, purchase, and use of cluster munitions that cause unacceptable harm to civilians.”[2] In May 2013, an official said that implementing legislation had been drafted using model legislation provided by the ICRC.[3]
Sierra Leone submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 25 January 2011. As of 29 June 2016, it had not provided any of the updated reports required by 30 April each year.[4]
Sierra Leone participated in the Oslo Process that created the Convention on Cluster Munitions and advocated for a strong convention text during the formal negotiations in Dublin in May 2008.[5]
Sierra Leone was invited to, but did not attend the convention’s First Review Conference in Dubrovnik, Croatia in September 2015. It participated in the convention’s Meetings of States Parties in 2010, 2011, and 2013. Sierra Leone has also attended regional workshops on the convention, most recently in Lomé, Togo in May 2013.
On 7 December 2015, Sierra Leone was absent from the final vote on a UN General Assembly (UNGA) resolution on the Convention on Cluster Munitions, which urges states outside the convention to “join as soon as possible.”[6] However, it voted in favor of the draft resolution during the first round of voting in November 2015.[7]
Sierra Leone has condemned new use of cluster munitions “in the strongest terms.”[8] It has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2015.[9] Sierra Leone has voted in favor of Human Rights Council resolutions condemning the use of cluster munitions in Syria, most recently on 2 July 2015.[10]
Sierra Leone has not yet elaborated its views on certain important issues relating to the interpretation and implementation of the convention, including the prohibition on transit, the prohibition on assistance during joint military operations with states not party that may use cluster munitions, the prohibition on foreign stockpiling of cluster munitions, and the prohibition on investment in production of cluster munitions.
Sierra Leone is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Sierra Leone has stated several times that it has never used, produced, stockpiled, or transferred cluster munitions.[11] It must formally confirm this cluster munition-free status by providing its Article 7 transparency report.
Sierra Leone has reported that cluster munitions were stockpiled in the country during the Economic Community of West African States Monitoring Group (ECOMOG) intervention in 1998 and 1999.[12] According to sources close to the Sierra Leonean military, in 1997 Nigerian forces operating as ECOMOG peacekeepers dropped two cluster bombs on Lokosama, near Port Loko. ECOMOG Force Commander General Victor Malu denied these reports.[13] According to media reports, Nigerian ECOMOG peacekeepers used French-produced BLG-66 Belouga cluster bombs in an attack on the eastern town of Kenema in Sierra Leone in 1997.[14]
In May 2012, Sierra Leone reaffirmed these allegations of cluster munition use.[15] In September 2012, Nigeria again denied the cluster munition use.[16]
Sierra Leone has reported that an unknown quantity of M42, M46, and M77 submunitions were destroyed by open detonation in 2001 at Aberdeen Beach near Freetown by an explosive ordnance disposal team from the United Kingdom.[17]
[1] In its statements, however not its Article 7 report that states “N/A” for not applicable. Convention on Cluster Munitions Article 7 Report, Form A, 25 January 2011.
[2] Statement of Sierra Leone, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011.
[3] CMC meeting with Gen. Modibo Lymon (retired), Commissioner, Sierra Leone National Commission on Small Arms, in Lomé, 22 May 2013. Notes by the CMC. The National Committee for the Implementation of International Humanitarian Law is responsible for drafting Sierra Leone’s implementation legislation. Statement of Sierra Leone, Accra Regional Conference on the Universalization of the Convention on Cluster Munitions, Accra, 28 May 2012.
[4] The report covers the period from 27 January 2011 to 30 April 2012. Only Forms A, B, and C were completed with “N/A” or not applicable.
[5] For details on Sierra Leone’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), p. 151.
[6] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[7] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution AC.1/70/L.49/Rev.1, 11 November 2015.
[8] Statement of Sierra Leone, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013.
[9] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 70/234, 23 December 2015. Sierra Leone voted in favor of similar resolutions on 15 May and 18 December 2013, and 18 December 2014.
[10] See, “The grave and deteriorating human rights and humanitarian situation in the Syrian Arab Republic,” Human Rights Council Resolution 29/L.4, 2 July 2015; “The continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 28/20, 27 March 2015; “The continuing grave deterioration in the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 26/23, 27 June 2014; and “The continuing grave deterioration of the human rights and humanitarian situation in the Syrian Arab Republic,” UN Human Rights Council Resolution 25/23, 28 March 2014.
[11] Statement of Sierra Leone, Convention on Cluster Munitions Second Meeting of States Parties, Beirut, 14 September 2011; and statement of Sierra Leone, Lomé Regional Seminar on the Universalization of the Convention on Cluster Munitions, Lomé, Togo, 22 May 2013.
[12] Convention on Cluster Munitions Article 7 Report, Form B, 25 January 2011.
[13] “IRIN-WA Weekly Roundup, 10/3/97,” IRIN, 10 March 1997.
[14] “10 Killed in Nigerian raid in eastern Sierra Leone,” Agence France-Presse, 11 December 1997.
[15] Statement of Sierra Leone, Accra Regional Conference on the Universalization of the Convention on Cluster Munitions, Accra, 28 May 2012.
[16] Statement of Nigeria, Convention on Cluster Munitions Third Meeting of States Parties, Oslo, 11 September 2012.
[17] Convention on Cluster Munitions Article 7 Report, Form B, 25 January 2011.