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Recommendations
Recommendation 1
5.50 The committee recommends that the government call for
countries that use cluster munitions to strictly observe international law and
humanitarian obligations in their use, particularly discrimination of targeting
and no-use in or near civilian populated areas, and for all parties to a
conflict to take appropriate measures to distinguish and distance military
deployments from civilian populations.
Recommendation 2
5.51 The committee
recommends that the Australian Defence Force continues to ensure, and
reinforces during training, that any military involvement with use of cluster
munitions including with allied partners is consistent with international
humanitarian law obligations and due care for civilian populations.
Recommendation 3
5.52 The committee
recommends that the Department of Defence ensures that the acquisition or
development of any cluster munitions or sub-munition based weapon systems by
the Australian Defence Force comprise only weapons designed to minimise the
potential impact on civilian populations as explosive remnants of war. The
munitions would have low failure rates and reliable self-destruction or
self-neutralisation mechanisms, or be designs with high precision
individual targeting capabilities.
Recommendation 4
5.53 The committee recommends that prior to any procurement
of cluster munitions the Department of Defence confirms these systems do not
pose unacceptable harm to civilians. This would involve ensuring independent
verification of the reliability of the failure rates and self-destruct or self-neutralisation
mechanisms that would emerge under battlefield conditions.
Recommendation 5
5.54 The committee
recommends that the government call for countries maintaining cluster munitions
to take all feasible means to ensure that, as soon as possible, stockpiles
comprise only weapons designed to minimise the potential impact on civilian
populations as explosive remnants of war. The munitions would have low failure
rates and reliable self-destruction or self-neutralisation mechanisms, or
be designs with high precision individual targeting capabilities.
Recommendation 6
5.55 The committee
recommends that the Department of Foreign Affairs and Trade actively encourages
counterparts to ratify and adhere to Protocol V to the Convention On
Prohibitions Or Restrictions On The Use Of Certain Conventional Weapons Which
May Be Deemed To Be Excessively Injurious Or To Have Indiscriminate Effects.
This adherence is to ensure that upon the cessation of hostilities the users of
cluster munitions and those upon whose territory such weapons have been used,
provide necessary technical, financial, material or personnel assistance to
facilitate the identification, clearance and removal of explosive remnants of
war to minimise the impact on civilian populations.
Recommendation 7
5.56 The committee recommends that the Department of Foreign
Affairs and Trade strengthens efforts within international forums, especially
but not limited to the Convention On Prohibitions Or Restrictions On The Use
Of Certain Conventional Weapons Which May Be Deemed To Be Excessively Injurious
Or To Have Indiscriminate Effects, to build a consensus and standardise
international regulation of the use, production and stockpiling of cluster
munitions to facilitate minimisation of the impact on civilian populations. This engagement should be directed towards ensuring
that any international treaties or instruments developed are influenced by and
accommodate Australian interests.
Recommendation 8
5.57 The committee
recommends that the bill not be passed.
Recommendation 9
5.58 The committee
recommends that the Government consider foreign legislation that has been
enacted or is currently before foreign parliaments that relates to the use of
cluster munitions with a view to introducing similar legislation that would be
relevant to Australia's circumstances.
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