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Casualties and Victim Assistance
Evidence, as yet unconfirmed, of cluster munition use in Sudan and Syria emerged in the first half of 2012, but no
casualties from recent use had been verified in either state as of 31 July 2012. 14 Both Sudan and Syria had cluster munition
casualties from past use.
Victim Assistance
The Convention on Cluster Munitions requires that States Parties with cluster munition victims implement the following
victim assistance activities:
• Collect relevant data and assess the needs of cluster munition victims;
• Coordinate victim assistance programs, including by designating a government focal point;
• Develop a national plan, budget, and time frames for implementation;
• Report and monitor obligations regarding implementation;
• Consult with and actively involve cluster munition victims;
• Provide adequate assistance, including medical care, rehabilitation, psychological support, and social and
economic inclusion for victims;
• Implement national legislation according to the principles of international law; and
• Provide assistance that is gender- and age-sensitive as well as non-discriminatory.
At meetings of the Convention on Cluster Munitions in 2011 and the first half of 2012, the co-coordinators on victim
assistance, Austria and BiH, continued to focus attention on concrete steps necessary to implement the Vientiane
Action Plan issued by the First Meeting of States Parties in November 2010. The Vientiane Action Plan provides a
guide for prioritizing implementation of victim assistance in all its key aspects. 15 The co-coordinators explored synergies
between the Convention on Cluster Munitions and other relevant international treaties, as well as cooperation between
governments and NGOs. 16 There was also discussion on the question of how to identify and respond to the needs of
families and communities affected by cluster munitions.
The Beirut Progress Report adopted by the Second Meeting of States Parties in September 2011 reports on progress
made in implementation of the Vientiane Action Plan. 17 According to the report, the majority of States Parties and
signatories with victim assistance obligations had implemented “some or all” of the relevant Vientiane action points by
August 2011. 18 Monitor reporting confirms that almost all States Parties and signatories with cluster munition victims
have taken steps to implement at least some of the victim assistance action points contained in the Vientiane Action Plan,
but none have implemented all their obligations, and implementation of some actions remains inadequate. 19 States Parties
are doing more than ever before to improve the lives of cluster munition victims, but far greater effort is needed by all.
Assessing needs
States Parties must make “every effort to collect reliable relevant data” and assess the needs of cluster munition
victims. According to the Vientiane Action Plan, within one year of the convention’s entry into force for each State Party,
all necessary data should have been collected and disaggregated by sex and age, and the needs and priorities of cluster
munition victims should have been assessed. 20
In 2011 and the first half of 2012, efforts to assess and address the needs of victims remained focused on survivors,
with some inclusion of the family members of survivors and those people who were killed. Little attention was given to
surveying the needs of cluster munition-contaminated communities and/or to determining the appropriate way to address
their needs through data collection.
14
HRW press release, “Sudan: Cluster Bomb Found in Conflict Zone,” 25 May 2012. http://bit.ly/LtKyBr; and Aris Roussinos, “In a Sudanese
field, cluster bomb evidence proves just how deadly this war has become,” The Independent, 24 May 2012. http://ind.pn/MJnSmm; HRW,
“Syria: Evidence of Cluster Munitions Use by Syrian Forces,” 12 July 2012. http://bit.ly/NnjQP2.
15
The Vientiane Action Plan includes ten detailed and time-bound victim assistance actions specific to countries with cluster munition victims
and three other actions relating to victim assistance in States Parties. The actions are related to medical care, rehabilitation and psychological
support, social and economic inclusion, and other relevant services.
16
In the States Parties and signatories with the most cluster munition victims (Afghanistan, Iraq, Lao PDR and Lebanon), victim assistance
services or supplies continued to be provided primarily by NGOs and international organizations while government authorities undertook
coordination and some limited implementation.
17
“Draft Beirut Progress Report,” CCM/MSP/2011/WP.5, 25 August 2011. http://www.clusterconvention.org/files/2011/05/Beirut-Progress-
Report-ODS-upload4.pdf.
18
Draft Beirut Progress Report,” CCM/MSP/2011/WP.5, 25 August 2011, p. 2. http://www.clusterconvention.org/files/2011/05/Beirut-
Progress-Report-ODS-upload4.pdf.
19
For example, with respect to improving the availability of services in remote and rural areas (immediately), designating a focal point for
victim assistance coordination (within six months), collecting all necessary data to assess needs, using existing coordination mechanisms for
victim assistance or developing new ones, and reviewing national laws and policies (within one year).
20
Such data should be made available to all relevant stakeholders and contribute to national injury surveillance and other relevant data collection
systems for use in program planning.
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