ACRONYM Reports

Comprehensive Test Ban Treaty: Now or Never

Expanding CD Membership

Unable to agree its programme of work in 1995, the CD could not appoint a Special Coordinator to consider the expansion of its membership, an issue deadlocked since September 1993. It therefore fell to successive Presidents to try to resolve the question, with little success until the penultimate day of the session, when Ambassador Benjelloun-Touimi of Morocco finally obtained agreement on a two-stage process for admitting at least 23 new members into the CD.

The necessity to expand the number of states able to participate fully in the CD from the present 37 (of the 38 agreed in 1978) has been emphasised time and again by the UN Secretary General Boutros Boutros Ghali and by UN General Assembly resolutions. Ambassador Paul O'Sullivan of Australia had been appointed Special Coordinator in 1993. Aware of the need to balance the optimum size for negotiations against the necessity for the CD to contain the major regional and political players, O'Sullivan decided to recommend a 'list' of 23 states, which was intended to balance geo-political considerations and include the nuclear threshold states. Just before O'Sullivan's report could be adopted in August 1993 it was vetoed by the US, which objected to the inclusion of Iraq on grounds that it was subject to UN sanctions. This caused the carefully crafted package to collapse, as Iran then revived its opposition to Israel, and the European Union (EU) states decided to call for all countries which have applied - some 35 - to be granted membership. Four EU states were among the 12 which had applied for membership but were not included on O'Sullivan's list.

The US veto on O'Sullivan's report and subsequent reopening of the issue prevented enlargement of the CD during 1994 and 1995. Various proposals were advanced early in 1994. Mexico argued that all 23 should be agreed, but the new members should not be seated until 'all conditions had been fulfilled'. This vague position was unacceptable to the US, who proposed that the list of 23 states be approved, but with the proviso that 'no member, no current member or new member who now or in the future should be subject to comprehensive enforcement measures under Chapter VII of the United Nations Charter would be able to participate in Conference decisions.' Iran then proposed that the 21 countries unopposed from the O'Sullivan list should be admitted, with a further 12 countries including Iraq and Israel to be considered for entry at a future date. Those who considered that the military capability of Iraq and Israel was reason for incorporating them fully rather than excluding them from disarmament negotiations, opposed Iran's suggestion, regarding it as a device to prevent membership of Iraq and Israel altogether.

Despite frequent statements and mounting frustration among the members-in-waiting, the expansion issue seemed to recede from attention, until Russia provoked renewed debate in August by proposing that the CD should decide individually on each application for membership received so far. The proposal was not supported by many, but served to focus attention on the criticism that the CD would receive at the forthcoming UN First Committee and General Assembly meetings if expansion remained unresolved.

After intensive consultations with all the key states, Ambassador Benjelloun-Touimi proposed a version of Mexico's 1994 recommendation: that expansion be accomplished in two stages. The CD approved the first stage on 21 September, accepting O'Sullivan's 1993 report recommending membership for the 23 countries. However, their full admission was delayed, pending decision by the CD 'at the earliest possible date'. While this satisfied almost no-one, it was recognised as a step out of the logjam.

US Ambassador Stephen Ledogar immediately followed with a modified version of his 1994 proposal. He argued that 'phase two' could be immediately enacted, with the provision that 'in the case where one of its members is subject to comprehensive enforcement measures taken by the Security Council under Chapter VII of the [UN] Charter, that state would not have the right to deny consensus on any decision to be adopted by the conference pending a subsequent decision to the contrary.' This would permit the 23 to take up full membership, but would not enable Iraq to exercise a veto. While a number of states are still unhappy with this, fearing that it could set a dangerous precedent which could enable powerful states on the UN Security Council to suspend participation by others, there may be growing support for a solution that incorporates some of the elements of the US position.

Although they generally welcomed the decision, the position of the 23 is somewhat unclear. As observers, they were able to participate in much of the CD's work, but without any decision-making capacity or right to attend group meetings or president's consultations. Ambassador Benjelloun-Touimi, who retains the CD Presidency until 31 December, has promised to try to resolve the issue further. In addition to working out how full membership can be achieved, he has also pledged to consider the position of the additional 12 countries which had applied for membership but were not among the 23 on O'Sullivan's list.

(Adopted 21 September 1995)

The Conference on Disarmament, bearing in mind General Assembly Resolution 49/77B of 15 December 1994, decides to adopt the report (CD/1214) of the then-Special Coordinator for Membership, Ambassador Paul O'Sullivan of Australia, presented at the 660th plenary meeting of the Conference on 12 August 1993, and the recommended composition of the Conference on Disarmament attached to it. It is understood that, in accordance with the statement made by the then-Special Coordinator for Membership at the 663rd plenary meeting of the Conference on 26 August 1993, this decision is in conformity with rule two of the Rules of Procedure of the Conference which provides that 'the membership of the Conference will be reviewed at regular intervals' and without prejudice to the consideration of the other candidatures to date.

Accordingly, Austria, Bangladesh, Belarus, Cameroon, Chile, Colombia, the Democratic People's Republic of Korea, Finland, Iraq, Israel, New Zealand, Norway, the Republic of Korea, Senegal, Slovakia, South Africa, Spain, Switzerland, Syria, Turkey, Ukraine, Viet Nam and Zimbabwe will all assume together membership of the Conference at the earliest possible date to be decided by the Conference.

The Conference will review the situation following the presentation of progress reports by the President on on-going consultations at the end of each part of its annual session.

© 1995 The Acronym Institute.