We, the Ban Advocates, as representatives of communities affected by cluster munitions, are pleased to see that the victim assistance provisions in the Wellington discussion text are stronger than in the Mine Ban Treaty, and that you have begun to apply some of the lessons learnt after 10 years of Mine Ban Treaty experience. Congratulations for taking the text this far! In line with the countries that asked for stronger victim assistance language in Vienna, we would like to suggest concrete concepts to enhance victim assistance in the proposed discussion text, which we believe are essential to ensure the successful implementation of the future Treaty. I heard in Vienna that there are still one or two states hesitating over how to define the victim. I ask you: ‘Who is a cluster munitions victim?’ We totally agree with the proposed definition of the Wellington text. A victim is an individual directly affected by cluster munitions, as well as families and communities so affected. Please do not underestimate the effects that cluster munitions have on the latter. Families and communities are those paying the cost of the devastating effects that cluster munitions have on individuals, and we cannot leave them alone. My story - and I am sure that all the survivors will tell you the same - shows that families and communities are those who pay the consequences of the use of cluster munitions, as much as the individual directly injured. After I was injured, my wife, children, relatives, friends and neighbours supported me. They paid for my medical, social and economic needs. It was a collective suffering and a collective effort to return me to my old life. That is why we encourage you to insert into Article 5 a clear reference to assistance to all victims, including families and communities. ‘Victim Assistance’ should include, but not be limited to (I repeat, not be limited to): Providing for emergency and ongoing medical care, physical rehabilitation, psychological support, social inclusion, and the economic inclusion of all victims. It should also include the establishment, enforcement and implementation of relevant laws and public policies, and the collection of reliable and relevant data with respect to victims of cluster munitions for planning, implementation and monitoring purposes. Consider placing this definition under Article 2 so that Article 5 can focus on the actual implementation and coordination of victim assistance. As we found in my own community in Nis, to be effective, victim assistance needs to be defined, planned, delegated, coordinated, implemented and then reported on. A few practical steps to improve victim assistance implementation would be: Establish or use an existing victim assistance implementation framework; Nominate a focal point with responsibility for the implementation framework; Develop and implement a national plan of action with clear objectives and timelines, as part of the framework; Incorporate national and international laws as well as public policies into victim assistance planning and implementation. Last but not least: Guarantee the inclusion of survivors, their families and communities in all aspects of victim assistance planning and implementation. Furthermore, and this is an especially important point, clear reference should be made to the full participation of survivors and persons with disabilities in decision-making, monitoring and implementation of the future Treaty. Ban advocates should be involved in the negotiation of the Treaty. Their points of view are important, as they are the only ones who know victims’ needs. Special attention should be paid to non-discrimination. I think we all agree that the Convention on the Rights of Persons with Disabilities has become a reference. The Convention requires, I quote: ‘to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity’. States Parties should be obliged to report on their victim assistance plans and on their progress in implementing those plans, using a standardised format. These reports should be accessible to civil society, especially to survivors. Indeed, it is through these reports that civil society and survivors will be able to monitor the effective implementation of the Treaty. Some affected states may need technical and financial support from the international community to achieve their victim assistance objectives. We therefore should include a clear provision in Article 5 to give those states the opportunity to submit a request of assistance to other States Parties. The request should clearly indicate the assessment of the needs of victims, circumstances impeding the ability of the State Party to assist the victims, the nature of the proposed programmes, measurable objectives, a clear timeline for implementation, and any other information relevant to the request for assistance. I think we have provided you with a lot of food for thought, but please do not hesitate to come to us if you want to further discuss any of the issues I have raised on behalf of my colleagues. I am confident in saying that we are all working towards the same goals: Equal rights and a complete life for the existing victims, as well as the prevention of future victims.

Thank you.