Costa Rica

Cluster Munition Ban Policy

Last updated: 10 August 2015

Five-Year Review: State Party Costa Rica ratified the convention on 28 April 2011. It is considering enacting specific implementation legislation for the convention. Costa Rica hosted the Fifth Meeting of States Parties in San José from 2–5 September 2014 and is serving as the convention’s president until September 2015. Costa Rica has participated in all of the convention’s meetings. It promotes universalization of the convention and has repeatedly condemned new use of cluster munitions, including in Libya, South Sudan, Syria, Ukraine, and Yemen.

In its initial transparency report for the convention, provided in June 2014, Costa Rica confirmed it has never used, produced, transferred, or stockpiled cluster munitions and does not possess any for training and research.

Policy

The Republic of Costa Rica signed the Convention on Cluster Munitions on 3 December 2008, ratified on 28 April 2011, and the convention entered into force for the country on 1 October 2011.

Costa Rica has declared its ratification legislation under national implementation measures.[1] A government official indicated in June 2014 that an interagency commission tasked with monitoring the implementation of Costa Rica’s international obligations on disarmament, peace, security, and terrorism matters was looking at whether specific legislation is needed to enforce the convention’s obligations.[2]

Costa Rica submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 13 June 2014 and provided an annual updated report on 12 June 2015.[3]

Costa Rica played an important role in the Oslo Process that produced the convention, including by holding a regional conference in San José in September 2007.[4]

Costa Rica has participated in every Meeting of States Parties of the convention and it hosted the Fifth Meeting of States Parties.

Costa Rica has attended all intersessional meetings of the convention in Geneva. It has participated in regional workshops on cluster munitions, including one hosted by Chile in Santiago in December 2013.[5]

Costa Rica hosted the Fifth Meeting of States Parties in San José in 2–5 September 2014, which 98 states (60 States Parties, 16 signatories, and 22 non-signatory observers) attended, in addition to representatives from UN agencies, the ICRC, and the CMC.[6] Costa Rica’s Minister of Foreign Affairs, Manuel Gonzalez Sanz, was elected President of the meeting and was represented by Costa Rica’s Permanent Representative to the UN in Geneva, Ambassador Christian Guillermet Fernández, until the presidency concludes at the First Review Conference in September 2015. Belize acceded to the Convention on Cluster Munitions during the Fifth Meeting of States Parties, making Central America the first sub-region to have universalized the convention and become a zone free of cluster munitions. During the meeting, nearly 40 countries condemned or expressed concern at new use of cluster munitions.

In December 2014, on the sixth anniversary of the opening for signature of the Convention on Cluster Munitions, the Minister of Foreign Affairs of Costa Rica and President of the Meeting of States Parties, Manuel González Sanz, outlined the presidency’s objective for the Convention on Cluster Munitions to have 100 States Parties by the end of 2015.[7]

At the intersessional meetings in April 2014, Costa Rica chaired discussions on general status and operation of the convention, together with its co-coordinator the Netherlands.

Costa Rica has consistently spoken out against any use of cluster munitions and condemned new use of the weapons in Libya, South Sudan, Syria, Ukraine, and Yemen in 2014 and/or 2015.

At the Fifth Meeting of States Parties, Costa Rica stated that any use of cluster munitions is a flagrant violation of international law and described recent use in Syria, South Sudan, and Ukraine as unacceptable. As the convention’s president, it urged states to work for universalization of the convention and condemn new use to help increase the stigma of cluster munitions.[8] In its 2015 Article 7 report, Costa Rica reiterated this statement and condemned the use of cluster munitions in Ukraine, Syria, and South Sudan.[9]

At the UN General Assembly (UNGA) in October 2014, Costa Rica expressed “deep concern about the continued and pervasive impact of the use” of cluster munitions in Syria as well as use in eastern Ukraine at a side event that it co-hosted with the CMC and in a statement to the UNGA First Committee on Disarmament and Arms Control. As president, Costa Rica called on all countries to join the Convention on Cluster Munitions.[10]

On 5 May 2015, the Ministry of Foreign Affairs of Costa Rica issued another statement strongly condemning the use of cluster munitions in Yemen’s Saada governorate, citing evidence collected by Human Rights Watch that the Saudi Arabia-led coalition has used cluster munitions in its air campaign.[11] In October 2014, Costa Rica issued a statement condemning the use of cluster munitions in Ukraine, stating it “strongly condemns the use of cluster munitions, wherever, by whomever, and in all circumstances.”[12]

Costa Rica has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[13]

Costa Rica has not yet elaborated its views on certain important issues relating to 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.

Costa Rica is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons (CCW).

Use, production, transfer, and stockpiling

In June 2014, Costa Rica reported that it “does not use, develop, produce, acquire, store, preserve or transfer cluster munitions and there is no information on the existence of such weapons in Costa Rican territory.”[14]

Costa Rica previously stated that it has never used, produced, transferred, or stockpiled cluster munitions.[15]

Costa Rica is not retaining any cluster munitions and submunitions for training and development purposes.



[1] Under national implementation measures in its Article 7 report, Costa Rica stated that the Law 8921 on Convention on Cluster Munitions, which entered into force on 16 December 2010, is “supreme law.” Convention on Cluster Munitions Article 7 Report, Form A, 13 June 2014.

[2] Email from Marcela Zamora, Counsellor, Department for Disarmament, Peace, Security, and Terrorism, Ministry of Foreign Affairs, 9 July 2014. Costa Rica has a national law in place to implement the Mine Ban Treaty. See ICBL, Landmine Monitor Report 2003: Toward a Mine-Free World (New York: Human Rights Watch, August 2003).

[3] The initial Article 7 report covers the period from 28 April 2011 to 10 June 2014, while the update provided in June 2015 is for the period from 1 May 2014 to 30 April 2015.

[4] For details on Costa Rica’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), pp. 62–63.

[5] Santiago Declaration and Elements of an Action Plan, presentation by Christian Guillermet, Deputy Permanent Representative, Mission Costa Rica to UN Office at Geneva, Santiago, 13 December 2013.

[6] See the official website for the Convention on Cluster Munitions Fifth Meeting of States Parties.

[7] Statement of Costa Rica, Ministry of Foreign Affairs, 4 December 2014.

[8] Statement of Costa Rica, Convention on Cluster Munitions Fifth Meeting of States Parties, San Jose, September 2014.

[10] Statement of Costa Rica, UNGA First Committee on Disarmament and International Security, New York, 22 October 2014. The side event briefing by the CMC and Costa Rica entitled “Ending use of cluster munitions: the urgency of the global ban” was held at the UN in New York on 17 October 2014.

[11] Ministry of Foreign Affairs of Costa Rica, “Costa Rica condena el uso de municiones en racimo en Yemen” ("Costa Rica condemns use of cluster munitions in Yemen"), 5 May 2015.

[12]Costa Rica condena el uso de municiones en racimo en Ucrania” (Costa Rica condemns the use of cluster munitions in Ukraine"), 23 October 2014, via Convention on Cluster Munitions website.

[13]Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 69/189, 18 December 2014. Costa Rica voted in favor of similar resolutions on 15 May and 18 December 2013.

[14] Convention on Cluster Munitions Article 7 Report, Form A, 13 June 2014. Translated from Spanish by the Monitor.

[15] Statement of Costa Rica, CCW Group of Governmental Experts on Cluster Munitions, Geneva, 14 January 2008. Notes by Landmine Action.