Pakistan

Cluster Munition Ban Policy

Last updated: 08 July 2019

Summary: Non-signatory Pakistan acknowledges the harm caused by cluster munitions, yet regards them as legitimate weapons that should not be prohibited. Pakistan has participated as an observer in meetings of the convention, most recently in 2016. However, it abstained from the vote on a key United Nations (UN) resolution on the convention in December 2018.

Pakistan produces cluster munitions and has likely exported them. It has not disclosed information on its stockpile of cluster munitions. Pakistan states that it has never used cluster munitions, but it has participated in a Saudi Arabia-led military operation in Yemen that has used cluster munitions since March 2015.

Policy

The Islamic Republic of Pakistan has not acceded to the Convention on Cluster Munitions.

Pakistan has recognized the serious humanitarian consequences caused by the “indiscriminate use” of cluster munitions and welcomed “efforts to mitigate their negative consequences,” but views cluster munitions as legitimate weapons with military utility. [1] In 2015, Pakistan told States Parties that the issue is “irresponsible and indiscriminate use of cluster munitions” and confirmed that it considers cluster munitions to be “legitimate weapons with recognized military value in our regional context.” [2]

Pakistan has expressed regret that cluster munitions were not regulated via the Convention on Conventional Weapons (CCW) to which it is a party. [3] Yet Pakistan has not proposed any new CCW work on cluster munitions since 2011, when states failed to conclude a CCW protocol on cluster munitions, effectively ending their deliberations on the topic and leaving the Convention on Cluster Munitions as the sole international instrument to specifically address the human suffering caused by these weapons.

Pakistan did not participate in the Oslo Process that created the Convention on Cluster Munitions. [4]

Pakistan has participated in meetings of the convention, but not since 2016. [5] It was invited to, but did not attend, the convention’s Seventh Meeting of States Parties in Geneva in September 2018.

In December 2018, Pakistan abstained from the vote on a UN General Assembly (UNGA) resolution, which urges states outside the Convention on Cluster Munitions to “join as soon as possible.” [6] It has abstained from the vote on the annual UNGA resolution promoting the convention since it was first introduced in 2015. Pakistan said in 2015–2017 that it abstained because “we consider cluster munitions to be legitimate weapons with recognized military utility.” [7]

Pakistan is not party to the Mine Ban Treaty.

Production, transfer, and stockpiling

Pakistan has produced ground-delivered and air-dropped cluster munitions.

State-owned Pakistan Ordnance Factories (POF) has produced and offered for export M483A1 155mm artillery projectiles containing 88 M42/M46 dual-purpose improved conventional munition (DPICM) submunitions. [8] South Korean company Poongsan entered into a licensed production agreement with POF in 2004 to co-produce K-310 155mm extended-range DPICM projectiles in Pakistan at Wah Cantonment. [9] The Pakistani army took delivery of the first production lots in 2008. [10]

In 2011, the London-based arms expo Defence & Security Equipment international (DSEi) closed the POF stand after promotional material was found listing the 155mm extended range (base bleed) DPICM cluster munition for sale. [11] Similar concerns were raised when POF advertised the same 155mm DPICM cluster munition at the 2009 DSEi arms fair. [12]

Jane’s Information Group has reported that the Pakistan Air Weapons Center produces the Programmable Submunitions Dispenser (PSD-1), similar to the United States (US) Rockeye cluster bomb and dispenses 225 anti-armor submunitions and lists the Pakistan National Development Complex as producing the Hijara Top-Attack Submunitions Dispenser (TSD-1) cluster bomb. Jane’s also lists the Pakistan Air Force as possessing BL-755 cluster bombs. [13] The US transferred 200 Rockeye cluster bombs to Pakistan at some point between 1970 and 1995. [14]

Pakistan has resisted calls to institute a prohibition on the transfer of cluster munitions, but it has a long-standing export moratorium on antipersonnel landmines. [15]

There is no public information available on the quantities of cluster munitions stockpiled by Pakistan, and limited information on types.

Use

Pakistan has stated several times that it has never used cluster munitions. [16]

Since March 2015, Pakistan has participated in a Saudi Arabia-led joint military operation in Yemen against Houthi forces, also known as Ansar Allah, which has used cluster munitions. Pakistan has not commented on evidence that the Saudi-led coalition has used cluster munitions in Yemen, while a 2016 statement by the coalition forces did not deny the use of cluster munitions and argued that “international law does not ban the use of cluster munitions.” [17]



 [1] Statement of Pakistan, Convention on Conventional Weapons (CCW) Fourth Review Conference, Geneva, 15 November 2011. In 2009, a government official informed the Monitor that “in view of Pakistan’s security environment and legitimate defence needs, we do not support a ban on use, production, and transfer of cluster munitions due to their military utility.” Letter from Dr. Irfan Yusuf Shami, Director-General for Disarmament, Ministry of Foreign Affairs, 16 February 2009.

 [2] Statement of Pakistan, Convention on Cluster Munitions First Review Conference, Dubrovnik, 8 September 2015. Pakistan’s representative, Amb. Muhammad Yousaf, informed the Monitor that Pakistan attended the meeting to ensure that a diversity of opinions on cluster munitions were heard, since their process does not work for states that are not at peace or surrounded by hostile neighbors.

 [3] Explanation of Vote by Pakistan on Resolution L.41,UNGA First Committee on Disarmament and International Security, New York, 31 October 2017, pp. 17–18/29.

 [4] For more details on Pakistan’s policy and practice regarding cluster munitions through early 2009, see Human Rights Watch (HRW) and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 225–226.

 [5] Pakistan participated in the convention’s First Review Conference in Dubrovnik, Croatia in September 2015, intersessional meetings in 2015, and the Sixth Meeting of States Parties in Geneva in September 2016.

 [6]Implementation of the Convention on Cluster Munitions,” UNGA Resolution 73/54, 5 December 2018. Pakistan repeated that position in 2015 and 2016 upon abstaining from the UNGA resolution promoting the convention.

 [7] Explanation of Vote by Pakistan on Resolution L.41,UNGA First Committee on Disarmament and International Security, New York, 31 October 2017, pp. 17–18/29; and “Explanation of vote on the resolution entitled 'Implementation of the Convention on Cluster Munitions,'” A/C.11711L.22, 31 October 2016.

 [8] POF, “Products, Ordnance, Artillery Ammunition, 155mm HOW HE M483A1-ICM,” undated. As of July 2015, this product is no longer listed on the website.

 [9] At the time the projectiles were produced for Pakistan’s armed forces, but both firms also said they would co-market the projectiles for export. “Pakistan Ordnance Factory and Korean Firm Sign Ammunition Pact,” Asia Pulse (Karachi), 24 November 2006. Video taken in POF has images of Poongsan machinery for the manufacturing of DPICM shells. YouTube.com, “Production of new Base Bleed 155mm ammunition starts at Pakistan Ordnance Factories - 12 April 2008,” 28 April 2011.

 [10]Pak Army Gets First Lot of DPICM Ammunition,” PakTribune, 13 April 2008.

 [11] This included the 155mm extended-range (base bleed) DPICM projectiles containing 45 submunitions and the 155mm M483A1 cluster munition containing 88 submunitions, both manufactured by POF. The United Kingdom (UK) is a State Party to the Convention on Cluster Munitions so the references to equipment were found to breach UK Government Export Controls and DSEi’s contractual requirements. Pakistani authorities reportedly said the cluster munitions were not offered for sale by Pakistan at DSEi. Saba Imtiaz, “London exhibition controversy: Pakistan says no brochures listed cluster munitions,” The Express Tribune, 21 September 2011.

 [12] Strategic Export Controls (UK Parliament), “Evidence submitted by the UK Working Group on Arms (UKWG),” November 2010.

 [13] Robert Hewson, ed., Jane’s Air-Launched Weapons, Issue 44 (Surrey, UK: Jane’s Information Group Limited, 2004), pp. 389 & 843. BL-755s were manufactured by the UK.

 [14] US Defense Security Cooperation Agency, Department of Defense, “Cluster Bomb Exports under FMS, FY1970–FY1995,” 15 November 1995, obtained by HRW in a Freedom of Information Act request, 28 November 1995.

 [15] Letter to Prime Minister Yousuf Raza Gilani from Steve Goose, Arms Division, and Brad Adams, Asia Division, HRW, 13 October 2011. Pakistan announced a comprehensive moratorium of unlimited duration on the export of antipersonnel landmines in March 1997 that was strengthened after the adoption of the Mine Ban Treaty with a February 1999 regulation making the export of antipersonnel mines illegal.

 [16] Explanation of Vote by Pakistan on Resolution L.41,UNGA First Committee on Disarmament and International Security, New York, 31 October 2017, pp. 17–18/29. See also, statement of Pakistan, CCW Fourth Review Conference, 15 November 2011; statement by Amb. Masood Khan, CCW Meeting of States Parties, Geneva, 7 November 2007; and statement of Pakistan, CCW Meeting of States Parties, Geneva, 12 November 2009. Notes by Landmine Action.

 [17] “[I]nternational law does not ban the use of cluster munitions. Some States have undertaken a commitment to refrain from using cluster munitions by becoming party to the 2008 Convention on Cluster Munitions. Neither the Kingdom of Saudi Arabia nor its Coalition partners are State Parties to the 2008 Convention, and accordingly, the Coalition’s use of cluster munitions does not violate the obligations of these States under international law.” See, “Coalition Forces supporting legitimacy in Yemen confirm that all Coalition countries aren't members to the Convention on Cluster Munitions,” Saudi Press Agency, 19 December 2016.