November 19, 2010

First Meeting of States Parties to the Convention on Cluster Munition
CMC Statement on Victim Assistance – Wednesday 10 November
Vientiane, Lao PDR

By Firoz Ali ALIZADA, Treaty Implementation Officer, ICBL, Geneva

On behalf of the Cluster Munition Coalition, thank you for giving us this opportunity to speak about the groundbreaking element of the Convention on Cluster Munition, namely victim assistance.

First of all, I want to pay tribute to my fellow survivors from Laos as well as other survivors who have joined us here from over 30 countries to participate and contribute to this landmark meeting. This Convention means a lot to us and we are here with lots of expectations. We hope this meeting is a point of change in our and our families’ lives.

The CMC thanks the President of the meeting as well as the friends of the president for the constructive collaboration and consultation in the drafting of the Vientiane Action Plan. We believe the action plan provides an excellent basis to translate the legal obligations of the CCM into concrete actions. The time-bound victim assistance actions 20 to 32 provide an outstanding mechanism for implementing the obligations of Article 5 of the Convention.

Actions 20 to 33 of the Vientiane Action Plan give clear guidance to States Parties with cluster munition victims (Albania, Croatia, [Montenegro] Laos), as well as for Bosnia and Herzegovina, which ratified the CCM more recently, to pursue in the course of 2011 the following elements required by Article 5:
- designate a focal point within the government to coordinate victim assistance
- collect all necessary data and asses the needs and priorities of cluster munition victims
- ensure a coordination mechanism is in place
- review national laws and policies with a view to meeting the needs and protecting the human rights of cluster munition victims
- ensure that comprehensive a national plan is in place
- identify resources to meet the obligations, including by making clear requests for international cooperation and assistance when needed.
Five of the seven actions, which need to be achieved by the Second Meeting of States Parties for current States Parties, are about structure, policy and process issues. But ultimately what is important is how states make use of these measures to respond to the daily needs of survivors and their family members. Most importantly, states should focus on economic inclusion, income generation, physical accessibility, literacy and education and skill building. To fulfil the most basic daily needs, survivors and their family members need timely and efficient access to basic services such as schools, hospitals, transportation, jobs, vocational trainings, micro-credit, quality physical rehabilitation, peer support, and so on. The Vientiane Action Plan provides guidance on concrete actions states can take in that regard as well, for example, in Action 25, 28 and 29. While these provisions do not include a time-bound element, we expect States Parties to do all they can to put them into place with an urgency that matches the survivors’ urgent needs.
Beyond these broad actions, I would like to draw your attention to a number of specific issues that need your consideration when providing assistance to cluster munition victims.

- Availability of adequate financial, technical and human resources are the most important factor in providing appropriate assistance to survivors and their family members. States Parties have the obligation to allocate resources under the CCM. Both the Convention and the action plan emphasize the importance of resource mobilization. Therefore we call on states with responsibility for cluster munition victims to immediately begin mobilizing increased national resources to meet their obligations. And all States in a position to do so, to increase financial assistance to address the rights and needs of survivors.

- The Convention defines “victims” as the individual survivors, their families and communities. So states should make sure that services they provide to survivors are also available to their family members and community as a whole. For example: By providing psychosocial support, awareness and economic support, you directly can assist family members of cluster munition victim and others in need of those services. By making a school accessible, you can make sure that all members of the affected community with disabilities have better access to education.

- It is important to consider the specific needs of cluster munition survivors. Unlike most landmine survivors, cluster munition survivors may have injuries not only to limbs, but also to many other parts of body, such as eyes and ears.. Assistance measures must therefore respond to the specific situation survivors face, and may include brail, sign language, plastic surgery services, and long-term medical, physical and psychological support.

- Survivors have a right to be involved in the development activities in their communities and to benefit from them. In order to include survivors and other persons with disabilities in development, States Parties must ensure that all phases of the development cycle, from design, to implementation, to monitoring and evaluation, include a disability dimension and that persons with disabilities participate in a meaningful way. Examples of inclusive development include designing schools so that all children, including children blinded or disabled by cluster munition, can learn. Or developing micro-credit programs in rural areas where survivors live and making sure that survivors can access credit on an equal basis with other beneficiaries. It also means including survivors within governance structures and development committees so that the design of development programs can benefit from their perspective.

- Access to available public services is one of the crucial needs of survivors and persons with disabilities. But in most of the countries with survivors, public services are not accessible, and it is due to physical barriers, long distance, unaffordable costs, lack or limited transportation and so on. For example in entire Vientiane city, only one hotel “Salana” this just being built is accessible for wheelchair users. Lack of access to public services hampers survivors and persons with disabilities’ economic and asocial inclusion and empowerment. States Parties must ensure that all survivors and persons with disabilities can access public services including schools, hospitals, banks, hotels, public markets, places of worships, public transports, information and so on. For example, ministry of health must make sure that all hospitals and clinics are accessible and affordable; ministry of transportation has to ensure that all public buses are accessible and affordable; ministry of education must make sure books and other materials are accessible. And they have to be informed and lobbied to do so. These should be guaranteed by national laws and policies.

In conclusion, we would like to call on representatives of the states present here to actively work to bridge the gap between the policy makers and service providers. Begin by disseminating the obligations of the CCM as well as its Vientiane Action Plan in accessible formats to all victim assistance and disability stakeholders upon your return to your respective countries. Make sure policy makers and service providers and practitioners are systematically coordinated.

Victim assistance is a clear legal obligation in the CCM and CMC will monitor compliance. We look forward to reviewing tangible progress when we meet next year.
Representatives of the ICBL and Cluster Munition Coalition briefed senior officials from the European Union at a seminar organized by the European Commission's Directorate-General on External Relations.

30 September 2010
EU HQ, Brussels, Belgium

Speech delivered by Firoz Ali Alizda, ICBL Treaty Implementation Officer

Thank you for giving me this opportunity to speak on behalf of the Cluster Munition Coalition and the International Campaign to Ban Landmines, and to share my personal experiences as a landmine survivor about the damaging impact of landmines and cluster munitions and the positive impact of the Mine Ban Treaty and the Convention on Cluster Munitions.


Let me begin by sharing my story as a landmine victim. My life and livelihood were destroyed by a landmine when I was just 13 years old, in 1996. The landmine not only took my legs away but also injured my left hand. Not only did the landmine physically disabled me, but it also destroyed my family's livelihood. My dad had to spend all of his savings on medical care, after he had already experienced a tragedy when loosing his elder son during the civil war. The landmine isolated me from my friends, the friends that I spent 13 years of my childhood with. The landmine tragedy forced me to quit my birthplace because it was neither physically accessible nor socially possible to work or go to school for a double amputee anymore. And I and my family had to cope with tremendous amount of psychological pressure for several years after the accident, until I found my way to accept my disability and move forward. I have to thank the Mine Ban Treaty for the opportunity it offered me to overcome lots of challenges and enjoy a life with honor and dignity.


I wish the Mine Ban Treaty was adopted before I'd lost my legs. Because this treaty has been saving the lives of innocent people who have been threatened by landmines, cluster munitions and other explosive remnants of war, like me. Two months ago I went to my village in Afghanistan, where I stepped on a landmine 14 years ago. I saw deminers were cleaning the area, I was so happy to see my villagers will no longer be threaten by those inhuman weapons. Again thanks to the Mine Ban Treaty!


I won't go into details about the achievements of the Mine Ban Treaty and the new Convention on Cluster Munitions, as I am sure the next speakers will talk about them. In brief, I truly believe in the vital impact of these two conventions. I strongly believe in the significance of our tireless efforts towards universalization and implementation of these conventions. For instance: 16 countries wouldn't be free of landmines without our commitment and support, over 45 millions of stockpiled landmines wouldn't be destroyed without our dedication, over 1300km2 of contaminated land would not be cleared without our hard work. These indicators clearly demonstrate that what we, the civil society, governments and donor organizations including the European Union are doing is genuinely worth it.



It is essential that we all note that further successes towards a world free of cluster munitions and landmines, as well as full protection and promotion of rights of landmine and cluster munitions victims need further support, strong and long-term commitment and more resources by States Parties and donor organizations in particular the European Union.



Our 10 year of experience in universalizing and implementing the Mine Ban Treaty demonstrate that a long-haul commitment is essential to achieving the time-bound obligations of the Convention on Cluster Munitions.



Given the very good reputation and wide representation of the EU throughout the world, there are a lot of expectations from EU to stay committed by increasing its support for affected countries to implement their obligations under the Mine Ban Treaty and the Convention on Cluster Munitions, by supporting initiatives taken by civil society organizations fighting against cluster munitions and landmines, and by increased support to victim assistance.



Over the past ten years, mine survivors, their families and communities, did not receive the services they needed. The vast majority of the survivors remained in isolation and poverty. There has not been a balance in mine action funding. For example: Afghanistan has been at the top of the world's aid agenda for the past decade. An average of 80 to 100 million USD of the world's mine action funding went to Afghanistan each year for several years, but the situation of the victims didn't change. We hope the EU and EC as well as other donors appropriately consider victim assistance when funding mine action programs as well as other development and poverty reduction projects in countries affected by landmines and cluster munitions.



In conclusion I would like to draw your attention on a number of key issues with regard to the 1st Meeting of the States Parties to the Convention on Cluster Munitions (1MSP) that will take place in Vientiane in about six weeks from now. We urge all states to participate in the 1MSP at the highest possible level. We call on states that have not yet joined the Convention on Cluster Munition to get on board before the 1MSP or as soon as possible. We hope it would be the case for at least 15 European countries that have not yet joined the convention. We expect that states will come to the 1MSP prepared to give an update on progress made in implementing the Convention. We hope States Parties will adopt an action plan with the concrete, measurable and time-bound actions to translate the convention's legal obligations into concrete results for affected communities as soon as possible.


The Cartagena Action Plan that was adopted last year at the Second Review Conference of the Mine Ban Treaty and the Vientiane Action Plan that will be adopted at the First Meeting of the States Parties, provide a clear road map for States Parties to implement their obligations under the two conventions. There is a crucial need for the EU and EU member states to enhance their efforts in implementing these action plans in a comprehensive, effective and efficient manner.

As a landmine survivor and as a campaigner against landmines and cluster munitions, I deeply appreciate EU and EC's vital roles in all areas of mine action including victim assistance. With no doubt, without support from the EU and EC, we wouldn't have achieved what we have achieved over the past decade. Please keep up your support, because it does make a difference on the ground!
Thank you.