The Fourth Review Conference reaffirmed that the issue of the status of the implementation of and compliance with the Convention and its Protocols would be included in the Agenda of the annual Meetings of the High Contracting Parties, as decided by the 2007 Meeting of the High Contracting Parties.


National Annual Reporting on Compliance

The States Parties will provide information in advance of the Meeting on:
(a) Dissemination of information on the Convention and its annexed Protocols to their armed forces and to the civilian population;
(b) Steps taken to meet the relevant technical requirements of the Convention and its annexed Protocols and any other relevant information pertaining thereto;
(c) Legislation related to the Convention and its annexed Protocols;
(d) Measures taken on technical co-operation and assistance; and
(e) Other relevant matters.

The deadline for submission of the national reports is 31 March of each calendar year.

Reporting Forms were adopted and recommended for use by the High Contracting Parties for submission of their national reports.

It was decided that the annual national reports shall be posted on the CCW website, and, as a general rule, be accessible to the public, unless otherwise indicated by the High Contracting Party submitting the report.

The Meeting also decided the establishment as part of the official CCW website of a database containing the names, nationalities and other relevant data of the experts included in the Pool of experts. The Registration Form for inclusion of national experts into the Pool of Experts was adopted and recommended for use by the High Contracting Parties in the nomination of their experts.
The issue of clarifying and facilitating compliance with the Convention was first introduced in 1978-1980, during the original negotiations on the CCW when a number of States had proposed that the Convention should contain some form of compliance or monitoring mechanism. In particular, it was suggested that a consultative committee of experts should be established, which would act at the request of States Parties concerned regarding any compliance issue that may arise. The proposal, however, did not gain enough support.

The idea of establishing a compliance mechanism was reintroduced during the First Review Conference held in Vienna and Geneva in 1995-1996, and, subsequently, during the 2001 Second Review Conference. Since then, there have been numerous attempts by successive Chairpersons of the Group of Governmental Experts to seek consensus on an agreed compliance mechanism applicable to the Convention and all its annexed Protocols.

At its Third Review Conference the States Parties decided to establish a compliance mechanism applicable to the Convention, thus undertaking to consult each other and to co-operate bilaterally, through the Secretary-General of the United Nations, or through other voluntary international procedures, regarding any concerns which relate to the fulfilment of their legal obligations or to resolve any issue that may arise with regard to the interpretation and application of the provisions of the Convention.

To see the full text of the Decision on a Compliance Mechanism applicable to the Convention, please click here.

Subsequently, the Fourth Review Conference decided to enhance the implementation of the Compliance Mechanism for the Convention and its annexed Protocols, which was agreed to at the Third Review Conference and the Meeting of the High Contracting Parties to the Convention in 2007 in accordance with the recommendations as contained in Annex III of the Final Document CCW/CONF.IV/4/Add.1, which stipulates as follows:

Enhancing the implementation of the compliance mechanism for the Convention and its annexed Protocols

In recognition of the fundamental importance of compliance, the High Contracting Parties to the Convention on Prohibitions or Restriction on the Use of Certain Conventional Weapons Which May Deemed to Be Excessively Injurious or to Have Indiscriminate Effects agree to the following actions to enhance implementation of the compliance mechanism for the Convention and its annexed Protocols:

1. Reaffirm their commitment to the compliance mechanism for the Convention and its annexed Protocols as agreed at the Third Review Conference and the Meeting of High Contracting Parties to the Convention in 2007;

2. All High Contracting Parties are called on to submit compliance reports;

3. The deadline for the submission of compliance reports is set at 31 March of each year; and

4. The Chairperson of the annual Meetings of High Contracting Parties to the Convention is tasked with encouraging higher rates of compliance reporting.

The Compliance mechanism also provides for appropriate steps, including legislative and other measures, to be undertaken by the States Parties with a view to prevent and suppress violations of the Convention and any of its annexed Protocols; the issuance of relevant military instructions and operating procedures as well as providing adequate training to armed forces personnel commensurate with their duties and responsibilities to comply with the provisions of the Convention; as well as the establishment of a pool of experts to provide assistance, upon request, regarding any concerns which relate to the fulfilment of the States Parties’ legal obligations under the provisions of the Convention and any of its annexed Protocols.



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