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Disarmament Diplomacy No. 76, Cover design by Paul Aston

Disarmament Diplomacy

Issue No. 76, March/April 2004

In The News (or Should Be)

Conference on Disarmament Adopts Programme of Talk

After much to-ing and fro-ing, the final plenary of the first part of the 2004 session of the Geneva Conference on Disarmament (CD) managed to adopt a "Tentative schedule of informal plenary meetings of the Conference on Disarmament". This schedule, proposed by the CD President, Pablo Macedo of Mexico, is in lieu of an actual programme of work, something the CD has not had since September 1998.

The tentative schedule is, in effect, a programme of talk, but CD delegates hope that it will pave the way for work to begin at last. Macedo's schedule, for which he obtained support from the next two presidents, who will also be responsible for carrying it out, divides the main topics of the CD agenda and allocates dates for their discussion, as follows:

May 13: Cessation of the nuclear arms race and nuclear disarmament.
May 18: Prevention of nuclear war, including all related matters.
May 27: Prevention of an arms race in outer space (PAROS).
June 3: Effective international arrangements to assure non-nuclear-weapon states against the use or threat of use of nuclear weapons (NSA).
June 10: New types of weapons of mass destruction and new systems of such weapons; radiological weapons.
June 17: Comprehensive programme of disarmament.
June 24: Transparency in armaments.

Background

Due to political opposition by a small number of key states, the CD has failed to follow its negotiation of the comprehensive test ban treaty (CTBT), concluded in 1996, by any further substantive work. The 1998 work programme established an ad hoc committee to negotiate a ban on the production of fissile materials for weapons purposes (fissban), as well as ad hoc committee on negative security assurances and special coordinators on a host of other issues. However, it was adopted so late in the year, that the committees functioned for only a few weeks. Since then agreement has been stymied by linkages asserted between the issues of PAROS, which China and Russia consider particularly important for their security in light of US missile defence plans, and the fissban, for which the CD adopted a negotiating mandate - the so-called 'Shannon mandate' - in March 1995. In addition, some of the nuclear weapon states were reluctant to have the CD take up the issue of nuclear disarmament in any meaningful way.

Since then, successive presidents have sought to find a solution to the impasse, most notably efforts by the Brazilian president, Celso Amorim in 20001, and the 'Five Ambassadors' (A5) initiative in 20032. On August 7, 2003, the CD heralded a 'breakthrough', when China backed down from its insistence on negotiations for PAROS and accepted the revised A5 proposal, allowing for PAROS discussions that left open a future possibility of negotiations. To the surprise of many, who had assumed from its statements that the United States was still keen to get negotiations on a fissban underway, China's compromise caused Washington to undertake an internal interagency review of the elements and policy related to a fissile materials cut off treaty (FMCT), particularly concerning verification and US national interests. While rumours abound concerning the conclusion of the US review on fissban policy, the CD is still waiting for a formal response.

Additionally, a group of mostly Western group ambassadors are discussing whether the CD could pursue some 'out of the box' (i.e. non-UNSSOD I) issues such as non-proliferation of WMD and terrorism, protection of critical infrastructures, fuel cycle technologies, 'dirty bombs'/radiological weapons, missiles, verification and so on.

In the meantime, Macedo's schedule will at least allow for structured discussion on the existing agenda items, and many hope it will act as a bridge to enable a real programme of work to be adopted later this year.

Decision on NGO participation

On February 12, under the presidency of Amina Mohamed of Kenya, the CD took a small but psychologically important step towards "enhancement of the engagement of civil society"3 in its work. Rights for NGOs in disarmament fora associated with the United Nations have long lagged behind civil society participation rights in other fora. For there to be a high level of representation, access and accountability more consistent with other fora, the CD will need to open up much more, including providing access for relevant, accredited NGOs to committee meetings and most informal sessions and working papers, especially during treaty negotiations.

The decision, as adopted, reads:

"1. Nongovernmental organisations (NGOs) shall continue to be allowed to attend formal plenary meetings of the Conference and to be seated in the public gallery.
2. NGOs shall be entitled, upon request, to receive official documents of the plenary meetings of the Conference.
3. NGOs shall be entitled, at their own expense, twice per annual session, to make written material available to the members of the Conference outside the conference hall.
4. After the CD adopts a programme of work, it will allocate one informal plenary meeting per annual session to NGOs to address the Conference.
5. Only NGOs whose activities are relevant to the work of the Conference will be able to address the Conference on Disarmament. Therefore, a formal selection process will be put in place to consider requests from NGOs to address the Conference. Requests from NGOs will be made to the President of the Conference on Disarmament through the secretariat of the Conference on Disarmament. These requests will be considered at Presidential consultations and thereafter at a formal plenary meeting of the Conference."4

Dates for the CD in 2004

January 19 to March 26
May 10 to June 25
July 26 to September 10

Agenda for the 2004 Session

Adopted at the 943rd plenary session of the Conference on Disarmament, CD/1725, January 27, 2004.

Taking into account, inter alia, the relevant provisions of the Final Document of the First Special Session of the General Assembly devoted to disarmament, and deciding to resume its consultations of the review of its agenda, and without prejudice to their outcome, the Conference adopts the following agenda for its 2004 session.

1.Cessation of the nuclear arms race and nuclear disarmament.
2.Prevention of nuclear war, including all related matters.
3.Prevention of an arms race in outer space.
4.Effective international arrangements to assure non-nuclear-weapon states against the use or threat of use of nuclear weapons.
5.New types of weapons of mass destruction and new systems of such weapons; radiological weapons.
6.Comprehensive programme of disarmament.
7.Transparency in armaments.
8.Consideration and adoption of the annual report and any other report, as appropriate, to the General Assembly of the United Nations.

Notes

1. The Amorim proposal (CD/1624, August 24, 2000) recommended the establishment of four ad hoc committees: one each to "deal with" nuclear disarmament and PAROS, one to negotiate a ban on the production of fissile materials, based on a specific mandate agreed in 1995, and one, with a broader mandate, to negotiate on negative security assurances (NSA). In addition, it proposed the establishment of special co-ordinators on anti-personnel mines, transparency in armaments, and the review of the CD's agenda, the expansion of its membership and its effective and improved functioning. Amorim attached a draft presidential declaration to this proposal stressing that the CD is a disarmament negotiating forum and that the above mandates should be viewed in that light, and further noting that the CD continues "to be influenced by and responsive to developments in the international strategic scene which affect the security interests of its individual members."

2. The A5 initiative of Ambassadors Dembri (Algeria), Lint (Belgium), Reyes (Colombia), Salander (Sweden) and Vega (Chile), contained in CD/1693, January 23, 2003 (revised 1693/Rev.1, June 2003), proposed establishment of ad hoc committees to 'negotiate' on NSA and fissban (in accordance with the Shannon mandate), 'exchange information and views' on nuclear disarmament, and 'identify and examine' PAROS-related issues. Special coordinators would be appointed to consider new types of WMD, including radiological weapons, comprehensive disarmament, and transparency in armaments.

3. Amina Mohamed, President of the CD to the CD plenary, February 12, 2004, CD/PV.946.

4. CD/PV.946, February 12, 2004, p 11.

Rebecca Johnson

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