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 proposed that the Convention should contain some form of compliance or monitoring mechanism.
The idea of establishing a compliance mechanism was then reintroduced during the First Review Conference held in Vienna and Geneva in 1995-1996 and also during the Second Review Conference in 2001.
Decision on Compliance
At the Third Review Conference (2006) the High Contracting Parties decided to establish a compliance mechanism applicable to the Convention, thus undertaking to consult each other and to cooperate bilaterally, through the Secretary-General, 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.
The CCW Compliance Mechanism
The Compliance Mechanism requires High Contracting Parties to submit information on:
- Dissemination of information on the Convention and its annexed Protocols to their armed forces and to the civilian population;
- Steps taken to meet the relevant technical requirements of the Convention and its annexed Protocols and any other relevant information pertaining thereto;
- Legislation related to the Convention and its annexed Protocols;
- Measures taken on technical cooperation and assistance;
- Other relevant matters.
Further appropriate steps include:
- legislative and other measures, to be undertaken by the States Parties 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;
- 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.
To see the full text of the Decision, please click here.
The following Reporting Forms were adopted and recommended for use by the High Contracting Parties for submission of their national reports:
The Fourth Review Conference:
- called on all High Contracting Parties to submit compliance reports;
- mandated the Chairperson of the annual meetings of High Contracting Parties to encourage higher rates of reporting,
- set the deadline for the submission of compliance reports to 31 March of each calendar year.
Compliance Reports Database
Annual reports are collected in a Compliance Reports Database, and, as a general rule, are accessible to the public, unless otherwise indicated by the High Contracting Party submitting the report.