CONCERNS ON MARSHALL ISLANDS RATIFICATION OF THE

UNCLAS SECTION 01 OF 02 STATE 091952

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: MARR PGOV PARM RM
SUBJECT: CONCERNS ON MARSHALL ISLANDS RATIFICATION OF THE
OTTAWA CONVENTION


1. (SBU) ACTION REQUEST: Post may draw on the talking
points in paragraph 4 to respond to the Government of the
Republic of the Marshall Island's request for the U.S.
position on its potential ratification of the Ottawa
Convention.


2. (SBU) Background: On December 2, 1997, PM and EAP
representatives (including then PM/PDAS Eric Newsom) met
with representatives from the Republic of Palau, the
Republic of the Marshall Islands (RMI),and the Federated
States of Micronesia at the latter three's request to
discuss their potential signature/ratification of the
Ottawa Convention banning anti-personnel landmines (APL).
While noting that adherence to the Convention is up to
each state based on its assessment of its own national
interest, U.S. representatives noted that the U.S. would
not adhere to the Ottawa Convention and that adherence by
the other three states could conflict with defense
provisions of the respective bilateral Compacts of Free
Association (COFA). According to the 2008 Landmine
Monitor, RMI signed the Ottawa Convention on December 4,
1997, but attended no further meetings of the States
Parties until the June 2008 intersessional meetings. At
this meeting, RMI explained that the Compact of Free
Association with the United States complicated its
ratification of the Convention. The 2008 Landmine Monitor
also noted that RMI participated in an August 2008 workshop
on the aims of the Convention hosted by the Republic of
Palau. In June 2009, RMI made a formal inquiry to post
for the U.S.'s position on its potential ratification
of the Ottawa Convention (ref: Kimmel email June 25 2009).


3. (SBU) In 2007, the Republic of Palau ratified the
Ottawa Convention after a long series of consultations
with the United States. The Government of Palau
determined that the Ottawa Convention did not conflict
with the Compact of Free Association because the GOP would
not be in control of any area in which the United States
might use landmines in the defense of Palau under the
terms of the Compact. Also the GOP stated that it would
not enact its implementing legislation extraterritorially
and therefore it would not apply to Palauan citizens
serving in the U.S. armed forces. The government of Palau
notified the Government of the United States of these
understandings and intentions in advance of ratification.

End Background.


4. (SBU) The Ottawa Convention still conflicts with U.S.
Landmine Policy and would therefore create conflicts with
the U.S-RMI COFA as elaborated in the following talking
points. The Convention on Conventional Weapons Amended
Mines Protocol (to which the United States is party) would
be a better option for RMI.

Talking Points:

--We appreciate that the RMI has taken no further action
to ratify the Ottawa Convention since signing the
Convention in 1997.

--The United States still is not in a position to adhere
to the Ottawa Convention.

-- Each state has to make its own decision based on the
assessment of its national interests. We do not oppose
signature of the Convention by countries that are in a
position to do so.

--However, we recognize that the defense provisions of our
Compact are unique, especially the U.S. commitment to
defending the Republic of the Marshall Islands as if it
were part of the United States.

--Section 311 provides that the "Government of the United
States has full authority and responsibility for security
and defense matters in or relating to the Republic of the
Marshall Islands."

-- Section 312 provides that "Subject to the terms of any
agreements negotiated in accordance with sections 321 and
323, the Government of the United States may conduct
within the lands, waters and airspace of the (RMI) the
activities and operations necessary for the exercise of
this authority and responsibility under this Title."

STATE 00091952 002 OF 002



--Section 313 provides that the "Government of the
Republic of the Marshall Islands shall refrain from
actions that the Government of the United States
determines, after consultation with that Government, to be
incompatible with its authority and responsibility for
security and defense matters in or relating to the (RMI.)"

--Adherence of RMI to the Ottawa Convention would
contradict the provisions of sections 311- 313 of our
Compact, as it is possible that the United States could
determine that the use of Anti-Personnel Landmines could
be necessary to fulfill its obligations to defend RMI.

-- Section 321 of the COFA permits the United States to
establish and use defense sites in RMI. Accession to the
Ottawa Convention would be problematic if the United
States needed to store anti-personnel landmines at these
sites.

--Accession to the Ottawa Convention also affects the
ability of citizens of RMI to serve in the U.S. armed
forces under Compact section 341.

--The United States is committed to eliminating the
harmful impact of landmines. To that end the USG has made
a commitment to utilize only detectable mines and after
2010, will only use mines with a self-deactivate,
self-destruct mechanism. We are also party to the
Convention on Conventional Weapons, Amended Protocol II on
Prohibitions or Restrictions on the Use of Mines,
Booby-Traps and Other Devices (CCW AMP).

--If the Government of RMI would like to join an
international convention on landmines, the United States
requests that the Government of RMI consider acceding to
CCW AMP, rather than the Ottawa Convention in order to be
more consistent with the Compact of Free Association.

IF RAISED

--If the Government of RMI is insistent on joining the
Ottawa Convention, detailed consultations between the
U.S. Government and the Government of RMI will be required
so that both sides have a clear and complete understanding
of the compatibility or incompatibility of the Compact and
the Ottawa Convention.

--The Government of the United States raised these same
concerns with the Government of Palau in advance of their
ratification of the Ottawa Convention.

--As a result of our consultations, the Government of
Palau provided certain assurances to the Government of the
United States regarding their implementation of the
Convention and how it would affect our relationship with
them.

--The Government of Palau judged that these assurances
were adequate to put them in a position to ratify the
Convention.

End talking points.


5. (U) Please contact PM/WRA Katherine Baker at
202-663-0104 for more information. Please slug any
follow-on cables to PM/WRA.
CLINTON