Nuclear Non-Proliferation Treaty
1998 NPT PrepCom - Briefing No 10
Agreement denied
The second Preparatory Committee (PrepCom) for the 2000 Review
Conference of the States Parties to the 1968 Treaty on the
Non-Proliferation of Nuclear Weapons (NPT), chaired by Ambassador
Eugeniusz Wyzner of Poland, ended after midnight on May 9 with no
agreement on substance, recommendations or rules of procedure.
After a day of tense and difficult discussions, and despite long
negotiations on the Chair's working paper, which managed to achieve
compromise language on fourteen paragraphs of substance, the
divisions over the Middle East and the role of the strengthened
review process appeared only to harden. In the end, just the first
part of the PrepCom report was accepted. This described the
procedural aspects of the 1998 meeting, which had been attended by
97 States Parties, and confirmed the decision to hold the Third
PrepCom in New York, from 12 to 23 April, with Andelfo Garcia of
Colombia as its designated Chair.
There was no agreement on background documentation for 2000,
which is normally prepared in advance under the auspices of the
United Nations and relevant bodies such as the IAEA and the
secretariats of the various nuclear weapon free zones (NWFZ), for
papers to be discussed and agreed at the Third PrepCom. This means
that if official background information is to be prepared in time
for the 2000 Review Conference, the decision will need to be taken
in 1999, leaving little time for States to review and accept it
before 2000, unless a fourth PrepCom is held. Some wanted the
documentation to cover the articles of the Treaty only; others
wanted several papers following the line of the Principles and
Objectives, including universality, non-proliferation (articles I
and II), nuclear disarmament (article VI), security assurances;
safeguards (article III) and non-military uses of nuclear energy
(article IV) and on the CTBTO and the various established NWFZ.
The main sticking point was the request by fourteen Arab States,
backed by the NAM, for background documentation dealing with the
Resolution on the Middle East. The United States refused, holding
that background documents should be limited to addressing the
Treaty articles only. The US argued that though the Resolution on
the Middle East was adopted at the 1995 Conference, it was
inappropriate to have documentation on an issue that is not
referred to in the Treaty itself. This was just one of many clashes
over whether and how to refer to the Middle East Resolution. The US
appeared to want to distance the review process from the 1995
resolution, arguing that it was a one-off, stand alone resolution
and not part of the package of decisions adopted to extend the
Treaty and strengthen the review process. Their position drew no
visible support from other delegations and outraged the Arab
States, who considered that their backing for the consensus
decision on indefinite extension had been contingent on the
adoption of the Middle East Resolution and that the resolution was
therefore an integral part of the 1995 agreements.
There was also no agreement on the rules of procedure. The major
block was over rule 34, covering the work of Committees. South
Africa wanted the mention of 'working groups' to be supplemented by
explicit reference to 'subsidiary bodies'. Backed by the NAM and
others, they argued that this was the intention of paragraph 6 of
Decision 1 taken in 1995, which stated that subsidiary bodies could
be established within the respective Main Committees "for specific
issues relevant to the Treaty, so as to provide for a focused
consideration of such issues". South Africa wanted the concept to
be explicitly in the rules of procedure, although it did not insist
on the explanatory language. Russia objected to all mention of
subsidiary bodies and claimed that the term 'working group' was
sufficient. Attempts to include both terms also foundered. Failing
to agree, the PrepCom remitted the rules of procedure for
consideration at the 1999 PrepCom.
Although appearing to be over a minor difference in terminology,
the conflict represented a much deeper division that ran through
the entire PrepCom, and in the end caused it to fail. This debate
was about the role, purpose and limitations of the Strengthened
Review Process initiated in 1995. Objecting to use of the term
'subsidiary body' in the rules of procedure was another way to slam
down South Africa's proposal for addressing nuclear disarmament or
security assurances more coherently as part of the review.
Although the participants in the Chair's Consultations had
worked long and faithfully on trying to achieve agreement on
paragraphs to be added to the 'rolling text' of recommendations on
issues in paragraph 3 of the 1997 Chair's working paper, few went
much beyond the paragraphs agreed last year, so a number of
delegates were not sorry to see these fall by the wayside as well.
Wyzner has decided to issue the draft working paper and the
compilation of proposals from 1998 as official documents of the
PrepCom, so the content will at least be available to inform future
deliberations.
A further important factor in the PrepCom's failure to adopt a
substantive report was the opposition by the major nuclear weapon
States to the recommendations proposed by Canada concerning
reporting on the special sessions and raising current issues, and
from South Africa and Egypt for allocation of time in 1999 for
priority discussion of nuclear disarmament and the Middle East
resolution respectively. Despite the actually more focused debate
on the three issues allocated special time in 1998, the United
States continued to argue that such sessions were a waste of time.
The US and Russia, in particular, seemed to want to roll back the
precedents set last year, as part of a concerted attempt to turn
the review process into a talk shop and conveyor belt of text for
the next Review Conference to consider. Countries such as Canada
and South Africa, which had played important roles in achieving the
1995 agreements, were determined that the promise and intentions of
those agreements should be developed appropriately and honoured in
the implementation.
Reasons for Failure
What were the reasons for the failure? There were many
components, not all negative. Extreme and ideological positions
were less in evidence from expected quarters among the
non-nuclear-weapon states. The NAM arrived much better prepared
than last year, and organised more effectively around the proposals
in the NAM working paper and from individual members, such as Egypt
and South Africa. Though they fought hard on issues of importance
to them, especially nuclear disarmament, they also offered
flexibility and compromise. They were quick to support constructive
proposals from western delegations, while at the same time western,
including EU countries, expressed qualified support for issues of
importance to the NAM. Thus some important bridge building was
accomplished, including: recognising that existing fissile material
stocks cannot be ignored, supporting a zone free of weapons of mass
destruction in the Middle East, the Canberra Commission proposals
on nuclear disarmament and 1996 advisory opinion of the
International Court of Justice, more transparency regarding export
controls, and so on.
The fact that the NAM came with more coherent and reasoned
positions resulted in the real locus of divided opinion being
brought into sharper focus: the fundamental incompatibility of the
interests of the five NWS and those of the vast majority of NNWS
Parties to the Treaty. The NWS -- prominently the United States --
had made a considerable effort to respond to calls for greater
transparency and accountability by providing more concrete
information on what they were doing to comply with their
obligations in terms of controlling and reducing military
stockpiles of nuclear weapons and fissile materials,
decommissioning and so on. However, they seemed to want to stop
there. Acting individually, the NWS appeared to support each other
in a primary objective of limiting the potential role and relevance
of the enhanced review process.
Russia is enmeshed in its own political difficulties and took an
exceedingly conservative position on almost everything. China said
little in the procedural debates but was clearly unhappy with the
idea of the review process having a role in facilitating and
commenting on current issues. In relation to EU positions, France
held the line on behalf of itself and Britain to prevent the
positions of anti-nuclear partners from being expressed in EU
statements, but on the floor of the PrepCom, France was
significantly among those seeking constructive ways through the
deadlocks. Britain was not positively negative but the absence of
new policy (blamed on the delayed publication of the Strategic
Defence Review undertaken in 1997) resulted in Britain playing a
conservative role and appearing curiously disengaged. Britain had
several important hats, as a depositary government, President of
the EU and Chair of the Nuclear Suppliers Group. In view of the
constructive role it might have played, Britain's forced constraint
and passiveness was unhelpful and must be assessed as a real lost
opportunity.
Another important lesson learned is the necessity for more
preparation in advance of the meeting and for the Chair/Bureau to
have some game-plans for dealing with the most contentious issues.
There is not much that a meeting can do about external events, but
some conflicts are recurring or predictable and might be handled
differently in the future. Taking place at a time of NATO expansion
and START at a standstill, as well as high political tension and
the lack of concrete progress in British and US initiatives on the
Middle East peace process, the PrepCom was saturated with the spray
thrown up by external political events.
It was difficult for delegations -- and not only from the Arab
States -- to accept the US attempts to marginalise the Middle East
Resolution. The existence of unsafeguarded nuclear facilities and
non-accession by a small number of countries to the Treaty are
relevant issues to the content and scope of the NPT and its review
process. The US only undermined its own commitment to
non-proliferation by its attempts to exempt Israel's nuclear
capability from discussion, although it is also important to
prevent the Treaty being misused in the pursuit of wider political
objectives. The US became increasingly isolated in its approach,
inviting comparison with the ludicrous interventions by Bhutan and
Mauritius at the end, in which they attacked the references to
South Asia in various NPT documents and the NAM statement.
NPT Briefing 10 provides a final snapshot analysis of the
issues, dynamics and tactics that led to the failure of the Second
PrepCom. A fuller analysis will take more time and is planned for
publication in the June edition of Disarmament Diplomacy. The
general feeling, however, is that although the PrepCom could not
get agreement, the time was not wasted. Substantive issues were
addressed; constructive and interesting proposals were offered not
only for the NPT review process, but also to facilitate progress in
the CD and in nuclear arms control in general, for consideration by
the States directly concerned. The outcome of the Second PrepCom is
not (yet) indication of a failing review process, as it foundered
on real and relevant political differences. If it acts as a warning
to those who would subordinate this important cornerstone of the
non-proliferation regime to their narrow national interests and if
lessons can be learned and applied, the problems of the Second
PrepCom may prove to have beneficial consequences for the NPT
regime as a whole. But only if there is the political will on the
part of all the States Parties, especially the NWS, to make it work
for the good of all.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - May 8 1998
1998 NPT PrepCom - Briefing No 9
Brinkmanship
With just one day to go and facing the prospect of getting even
less than in 1997, the non-nuclear-weapon Parties to the NPT are
facing a stark choice: whether it is better to have a minimal
agreement or no agreement at all. As the President of the 1995
Review and Extension Conference pointed out in a recent article:
"the importance of 1995 as a watershed demanding a fundamentally
different approach to the review process does not appear to have
been grasped and, instead, a 'business as usual' attitude is being
self-righteously adopted by some countries." [Jayantha Dhanapala,
in the UNIDIR newsletter 37, March 1998, p 9]
An hour short of midnight, delegates to the Second PrepCom of
the 2000 Review Conference emerged from open-ended consultations
under the auspices of the Chair, Eugeniusz Wyzner of Poland. Some
appeared quietly pleased that the PrepCom appeared to be heading
for oblivion; some were frustrated or angry, because even the
modest gains of 1997 have been put in jeopardy; a few were
complacent that the lid would stay on and the PrepCom would close
with some form of lowest-common-denominator report; all were hot
and tired. Disagreements are sharpest on three issues: the Middle
East, security assurances and nuclear disarmament.
During the day three sets of negotiations were pursued among
representatives of some 30-35 delegations (in addition to those
identified in Briefing 8 are Argentina, Belgium, Italy, Hungary,
Netherlands, Morocco, Syria, South Korea, with a few others
participating at times). The main consultations focused on trying
to get agreement on around 22 paragraphs of compromise language
proposed in a Chair's "non-paper" which, if accepted, would
probably be destined for inclusion in paragraph 3 of the Chair's
working paper. Two other groups met, under the auspices of Andelfo
Garcia (Colombia) and Markku Reimaa (Finland), with a view to
ascertaining whether agreement would be possible on procedural
recommendations to the next PrepCom and to the 2000 Review
Conference and to consider Canada's proposal that current issues
should be reflected in the Chair's paper or PrepCom report.
After hours of intensive negotiations, 11 or 12 paragraphs had
been agreed, with compromise language on universality,
non-proliferation, NWFZ, safeguards, illegal trafficking, nuclear
energy, safety and transport. Outstanding issues include several
paragraphs relating to Article VI on nuclear disarmament, security
assurances and proposed language on export controls and attacks
against nuclear facilities. Some of the NWS want to dilute a
proposed reference to the ICJ opinion 'to pursue in good faith and
bring to a conclusion negotiations leading to nuclear disarmament
in all its aspects...' and water down references to fissile
material stockpiles. On security assurances they would prefer to
emphasise the assurances associated with NWFZ and their unilateral
assurances, as well as UNSC 984 (April 1995), rather than
negotiations on a legally binding treaty or protocol to the
NPT.
Garcia's consultations concerned the procedures for the Third
(1999) PrepCom, including whether to recommend that additional time
be allocated for specific issues, as proposed by South Africa on
nuclear disarmament and Egypt on the Middle East, and already
provided to three issues at this second PrepCom. Despite -- or
because of -- the fact that the special sessions on the FMCT, the
Middle East and security assurances generated more focused papers
and constructive suggestions than the generalised cluster debates,
the NWS are reportedly opposing the allocation of time to any
issues in the future. Their intransigence is giving rise to concern
that they are seeking to roll back the precedents set by the First
PrepCom in 1997, which some delegations are determined to defend.
Due to further opposition from some of the NWS, Garcia's group was
reportedly unable even to find language that would reflect (let
alone recommend) the proposal from South Africa for establishment
of a subsidiary body at the 2000 Review Conference.
Reimaa's consultations looked at Canada's proposals for the
PrepCom to report on the issues which had been given particular
time and attention and to have some provision for commenting on
relevant issues of the day. The NWS appear set against giving the
PrepComs this kind of relevant role or provision, arguing that
paragraph 3 could adequately reflect any such issues as were
capable of attracting agreement. Despite achieving no agreement on
the concept, however, the group attempted to find language that
would reflect the special sessions on FMCT, security assurances and
the Middle East, the latter being the subject of difficult
negotiations between Egypt and others.
The NPT Parties are due to return to the Chair's consultations
on Friday morning to try to find agreement on the remaining issues.
This will not be easy, as a growing number of delegations are
already indicating that they will resist what they see as a
concerted attempt by the nuclear weapon states to turn the review
process into a mere drafting exercise. While there is still time to
show a willingness to engage constructively, build on the work of
the first PrepCom, and provide room to make progress on important
procedural and substantive questions towards the year 2000, the
optimistic mood of the first week has vanished.
Cluster Debate Summaries
The cluster debates finished on Wednesday, after statements were
delivered on Article IV and security assurances, to which a special
session had been devoted. Due to the fact that the cluster debates
are open only to NPT Parties, it has not been possible to do more
than provide a snapshot or gist of the issues, as raised. As more
of the papers become available, however, I hope to provide more
extensive coverage of the substantive issues discussed during the
Second PrepCom in a longer analysis which will be published in June
in Disarmament Diplomacy 26.
Nuclear energy
In this short debate, many statements supported the Article IV
provision on nuclear energy and called for wider financial
contributions to the Technical Cooperation Fund. Austria, however,
refused to back nuclear power and criticised the increasingly
common argument that enhanced nuclear energy use is the solution to
the problems of fossil fuels and climate change. Some concerns were
raised about the environmental and health risks from nuclear
operations and the transshipment of radioactive waste and
plutonium, and several countries called for wider adherence to the
various conventions on nuclear safety, and the safety of spent fuel
and radioactive waste, civil liability etc. Many statements
welcomed the IAEA's recently published Plutonium Management
Guidelines.
Both China and Iran objected to measures that went beyond the
IAEA safeguards, arguing that 'peaceful uses' were still being
impeded. Repeating its concerns about export controls, arguing that
"these unilaterally restrictive measures had negative consequences"
on the development of countries, Iran proposed that "effective
transfer guidelines" be multilaterally negotiated among all
supplier and recipient states. While EU states and others
reiterated the importance of the export control regime to enable
supplier states to comply with their Treaty obligations under
Articles I and II, Britain, as current Chair of the Nuclear
Suppliers Group, also reported on the first steps being undertaken
by the NSG to provide greater transparency, in line with the 1995
P&O decisions.
In response to a request made by Kyrgyzstan in the General
Debate, the IAEA briefly reported on various radiological
assessment studies of areas affected by nuclear production,
testing, dumping or accidents, including Chernobyl, Tomsk, Moruroa
and Fangataufa, Bikini Atoll, Semipalatinsk and the Arctic around
the Kara and Barents Seas.
Security Assurances
In the time allocated by the first PrepCom for focusing on
security assurances, South Africa called for negotiations on
legally binding security assurances "within the NPT umbrella, as
opposed to some other forum". South Africa has also issued a
working paper on security assurances in which it argues that the
beneficiaries of such guarantees should be the non-nuclear weapon
parties to the NPT, and that the differences between NNWS which are
part of nuclear alliances and those which are not would also need
to be reflected. The general NAM position favours unconditional
security assurances to all NNWS, regardless. China called for a
legally binding international agreement on no use or threat of use
of nuclear weapons against NNWS, and said there was "no reason to
impose various obligations" on the NNWS. China also called for a
no-first-use agreement among the NWS. Despite the frequent
references in NAM countries' statements to the ad hoc committee on
negative security assurances (NSA) recently established in the CD,
there seems to be a growing eagerness among NAM countries to pursue
this issue in the NPT context as well. Myanmar argued that a
protocol to the NPT or other legally binding instrument on NSA was
a goal "achievable in time for the 2000 Review Conference only if
the nuclear weapon states show a greater measure of political
will."
Although acknowledging the support by many States for a global
NSA treaty, the United States said that the time was not ripe, but
that it was "useful to continue consideration of this issue" in the
CD. In the US view, "the best opportunity to make progress" on NSA
was in the context of regional approaches involving NWFZ. Australia
agreed, but also would not rule out the option of a protocol to the
NPT. Reminding NPT Parties of the substantive work on security
assurances accomplished in 1995 under the auspices of Richard
Starr, as Friend of the Chair of Main Committee I, Australia
attached his report, although the 1995 NPTREC's failure to agree a
Final Document meant that the report could not be formally
adopted.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - May 6 1998
1998 NPT PrepCom - Briefing No 8
The Review Process at Risk
Process and Products
The cluster debates have now covered safeguards, nuclear weapon
free zones (NWFZ), including the session especially allocated to
the Middle East Resolution, and have begun to consider nuclear
energy issues. Additionally, the NPT Parties are grappling with
different options for how the strengthened review process should be
developing. Beginning last Friday, representatives of around 26 key
delegations have begun to hold meetings under the auspices of the
Chair of the Second PrepCom, Ambassador Eugeniusz Wyzner, to
determine how best to report on the work and outcome of the
PrepCom.
This informal 'Friends of the Chair' group, similar to those
which assisted Jayantha Dhanapala in 1995 and Pasi Patokallio in
1997, appears to include: Algeria, Australia, Britain, China,
Chile, Colombia (Vice Chair), Canada, Egypt, France, Finland (Vice
Chair), Germany, Iran, Indonesia, Japan, Malaysia, Mexico,
Malaysia, Myanmar, New Zealand, Poland (Chair), Russia, Romania,
South Africa, Sri Lanka, Sweden, United States and Viet Nam. At
present it is wrestling with how to characterise and transmit the
many proposals arising from the first two PrepComs.
There are conflicting viewpoints about the structure and scope
of reports or 'products' of the meeting. The major problems hinge
on two very different perspectives about the desired role and
relevance of the strengthened review process as a whole. The NWS
and some of their allies appear to favour a 'minimalist' approach,
in which the primary job of the PrepComs is to accumulate proposals
for text which would eventually end up in the hands of the Review
Conference participants in 2000. In that case, the 1997 model is
favoured, in which the Chair's working paper contains a shortish
section reflecting generalised affirmations or agreement on certain
issues (as in paragraph 3 of the 1997 Chair's working paper), while
the rest of the proposals end up in a long compilation, regardless
of their degree of backing. In 1997 the compilation was placed as
paragraph 4 and extended for 30 pages.
At the time of the First PrepCom, Mexico and some of the NAM
countries gave notice that they did not want the Chair's working
paper to be relied upon too closely as the basis for future work.
Concerned that the PrepComs should have relevance in their own
right, and not merely be conveyor belts of text for the
quinquennial review conferences, several delegations are therefore
exploring ways in which the report(s) could better represent the
more substantive role given to the PrepComs in the 1995 decisions
on strengthening the review.
Consistent with its proposals for the PrepCom to issue
statements on the CTBT and START, Canada has suggested that in
addition to general agreements and compiled proposals, the PrepCom
or Chair's report should contain two sections which would
specifically reflect the important issues at the time, likely to
change with each PrepCom. Thus one part would briefly report on the
issues to which special time had been allocated (for this year that
would be security assurances, the resolution on the Middle East,
and FMCT) and another section would contain collective perspectives
or agreements of a time-urgent or more specific nature than
envisaged in the general agreements, since the current paragraph 3
is directed more to the 2000 Review Conference.
The intention would be to enable NPT Parties to comment on
relevant issues of the day, providing somewhere to highlight calls
for the ratification of specific measures, like START II, the CTBT,
or the additional protocols to IAEA safeguards agreements, or give
support to up-coming activities, such as the political
'entry-into-force' conference of the CTBT or the meeting of five
Central Asian states in Bishkek to develop their proposed NWFZ.
South Africa has suggested that the PrepCom should issue three
documents: one with recommendations on 'principles, objectives and
ways' to implement the Treaty, following the format of the 1995
P&O, updated where necessary; a second with specific proposals
and initiatives that had not yet obtained agreement; and thirdly,
the procedural arrangements for the review conference, financial
arrangements etc. South Africa also suggested that the review
conference should focus on producing two documents: a 2000
Principles and Objectives, to be a guide and yardstick for progress
towards the next review conference in 2005; and a Final
Declaration, to review and evaluate the previous five years.
Though several delegations have expressed interest in looking
more closely at these ideas, the focus has so far been weighted
towards reproducing the 1997 model. A first draft of a possible
Chair's working paper along those lines ran to 46 pages, adding
proposals from this year to last year's compilation. As the
informal Chair's group began to look at whether certain
recommendations in the (paragraph 4) compilation could be 'moved
up' into the paragraph 3 section, denoting general agreement, it
became clear that such a process would be very time consuming and,
possibly, unworkable in the long run.
It would be a pity if the PrepComs are drowned in a sea of
proposals aimed at the year 2000 when they themselves have a more
direct role to play in contributing to the strength of the
non-proliferation regime. The first week of substantive discussion
had been characterised by genuine attempts by the NAM and a number
of other States, including some of the NWS, to seek more flexible
and constructive ways of moving forward on issues such as the FMCT,
NWFZ and transparency. Those who backed the special allocation of
time to certain issues could see their hopes confirmed to a
considerable degree by the more focused and solution-oriented
contributions in the session allocated to the FMCT, markedly
different from the wider restatements of national positions and
exhortations which seem to characterise cluster debates. Such
positive developments need to be encouraged, built upon and
reported, so that they can facilitate and feed into bilateral or
regional processes or the work of negotiating bodies like the CD.
If the PrepComs do not successfully carve out a more relevant and
substantive role we are likely to see many NPT Parties begin to
lose interest. If that happens there is a danger that the
strengthened review process may not last much beyond the year
2000.
Safeguards
The debate on safeguards was short, with little apparent
disagreement. States urged each other to accept comprehensive IAEA
safeguards and conclude their agreements with the IAEA on the
additional protocols developed under the 93+2 programme to
strengthen the safeguards regime. Some also urged the non-NPT
States to consider applying some provisions of the Model Protocol.
Some statements raised concerns illicit trafficking and several
urged North Korea and Iraq to comply fully with their NPT
obligations and safeguards agreements. There was support for the
NWS to place 'excess' fissile materials irreversibly under IAEA
safeguards and the EU statement also backed an intended project by
France, Germany and Russia to turn excess weapons plutonium into
mixed oxide (MOX) fuel. Many also affirmed support for
nuclear-related export controls, which Iran and some NAM states
have already criticised.
NWFZ
This short debate conveyed general support for the various NWFZ
now in existence and called on the NWS to respect their provisions
and to sign and ratify relevant protocols where that had not yet
been done (notably with respect to the Bangkok Treaty). In the
General Debate, Ukraine had reaffirmed its backing for the
establishment of a NWFZ in Central and Eastern Europe. Following on
from general debate statements from Central Asian countries,
Uzbekistan updated NPT Parties on the progress being made together
with Kyrgyzstan, Kazakstan, Tajikistan and Turkmenistan, to develop
a NWFZ in Central Asia. The next consultations between these five
countries, the P-5 and representatives of the IAEA and United
Nations are scheduled to take place on July 9 and 10 at Bishkek,
with the intention of working out the elements of a Treaty.
South Africa not only endorsed the objective of a NWFZ in the
Middle East, but made specific reference to South Asia as well.
Noting that the possession of nuclear weapons "provides only the
illusion of security", South Africa argued that after destroying
its own nuclear capability, it now realised that "security is
provided by nuclear disarmament rather than by nuclear
proliferation" -- a lesson relevant for the declared NWS as well as
the 'threshold' States.
The Middle East
Although Israel's unsafeguarded nuclear facilities were alluded
to during some of the cluster 2 discussions on safeguards and NWFZ,
time was specifically allocated to the Middle East in accordance
with the intentions of the 1997 PrepCom. The EU and a number of
other countries expressed support for the establishment of a zone
free from weapons of mass destruction in the Middle East "provided
that all States in the region are involved". Egypt proposed several
paragraphs for actions and recommendations to implement the 1995
Resolution on the Middle East. These included: endorsement of the
aims and objectives of the Middle East peace process; suggestions
for studies and action on eliminating nuclear, chemical and
biological weapons from the region; reference to the continued
existence of unsafeguarded nuclear facilities; calls for Israel to
accede to the NPT and put its nuclear facilities under full scope
IAEA safeguards; support and assistance from NPT states, the United
Nations and the IAEA for "early conclusion of the text of a treaty
on a NWFZ as a step towards the establishment of a WMDFZ in the
Middle East". Egypt's position was supported by a number of other
Arab States. The United States responded that singling out one
country would not be conducive to resolving the problems in that
troubled region. Little of the debate was available to those
outside the closed doors.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - May 4 1998
1998 NPT PrepCom - Briefing No 7
Procedural Questions and FMCT
Where is the PrepCom leading?
As the first week of the Second PrepCom drew to a close,
questions need to be asked about where this is all leading. After a
constructive week of debates, including a number of useful and
interesting ideas for facilitating the start of negotiations on a
fissile materials production ban and making further progress on
nuclear disarmament, the frustration level was high as diplomats
from about 25 key NPT Parties emerged from a "private meeting" held
under the auspices of the Chair, Ambassador Eugeniusz Wyzner of
Poland, late on Friday.
More clarity is needed regarding what NPT Parties want the
Review Process to achieve and what they want to come out of this
PrepCom in particular. The Polish delegation itself offered some
general guidelines, saying that it was necessary for the
strengthened review process to meet a "two-fold objective": to
review the operation of the Treaty, in order to satisfy the
requirements of Article VIII.3; and to "promote the practical
implementation of the 'Principles and Objectives' of 1995". Yet as
more states put in text to the already heavy compilation of
proposals attached to the Chair's working paper in 1997, what is
all this profusion of language leading to?
Was the entire review process intended to be a four-year
gathering of text for the final document or other agreements to be
adopted in the year 2000? Much of the language being proposed now
and carefully laid down will be redundant by the year 2000. The
Main Committees at the 2000 Review Conference will end up reviewing
all these issues and will generate even more text. Devoting the
review process to elongating the tedious process of accumulating
text does not seem a very good use of the time and money and would
not adequately fulfil the aspirations of the States Parties in 1995
for a meaningful and strengthened process for reviewing and
implementing the Treaty.
What, then, should the review process be doing? A majority of
States now seem to agree that the 1995 P&O should stand as a
benchmark of its time, but not be revised or amended in the future.
Instead, they seem keen to see an updated (new) set of Principles
and Objectives being developed for each Review Conference in the
future. Not all will be new, of course, as many of the principles
in the P&O are enduring and need only to be re-stated.
Time-dependent objectives, however, such as the programme of action
on nuclear disarmament or references to specific NWFZ, would need
to be reformulated and updated. This would seem to be a useful and
workable proposal, providing that States agree i) that P&O
should be renewed in this way every five years; and ii) that in
between the Review Conferences, a primary task of the strengthened
review process is to work on implementing the P&O agreed
at the preceding review conference. Otherwise, why go to the bother
of adopting them in the first place?
If it is agreed that a major task of the review process is to
facilitate the implementation of the preceding P&O, then
proposals at PrepComs should go into three categories: i) actions
to be undertaken by the PrepCom itself, such as Canada's proposals
for the PrepCom to issue a statement on START or endorse holding
the CTBT conference on entry into force in 1999; ii)
recommendations to the next PrepCom, such as proposals for special
time to be allocated for certain issues; and iii) recommendations
to the next Review Conference, such as deciding that future Review
Conferences should formulate their own set of P&O or South
Africa's proposals for a subsidiary body on nuclear
disarmament.
Although NPT Parties cannot impose their recommendations
directly on other fora, such as the CD or bilateral or regional
bodies, a further very important function of the review process
should be to provide a sounding board for constructive ideas aimed
at resolving obstacles or conflicts that stand in the way of
negotiations or activities relevant to the NPT's full
implementation. In that respect, the discussion on the FMCT has
been helpful, even if NPT parties cannot themselves go further than
expressing a formal or informal call for more to be done to
facilitate progress. Nevertheless, the ideas can be channelled back
to the CD or the bilateral or regional participants in ways that
can exert pressure or assist solution-building.
As for accumulating text and recommendations for the next Review
Conference, it would seem sensible not to start gathering language
for an updated P&O until the 2000 Review Conference itself and
to spend less energy on repetitive language proposals for potential
review documents that are likely to be out of date before they are
even considered for agreement. The strengthened review process
deserves to have more relevance than that.
FMCT
Many States spoke positively of the debate on addressing fissile
materials. Several useful proposals for getting beyond the 'nuclear
disarmament versus non-proliferation' debate have been advanced.
While the NWS are still adamant that the first stage should be a
limited cut-off treaty, some, including Britain and France, are
accepting that the Shannon mandate did not preclude discussion of
wider issues within the context of the negotiations. The United
States and Russia emphasised what they were already doing to
declare some plutonium and HEU as 'excess' and place it under IAEA
safeguards.
Although the NAM statement referred to the objective of a treaty
banning the production and stockpiling of fissile materials
for nuclear weapons et al, many States took heart from the fact
that they did not make their call for the immediate commencement of
negotiations dependent on CD negotiations for timebound nuclear
disarmament. In a similarly constructive vein, while supporting
Austria's February proposal for the CD to start negotiations on the
basis of the 1995 Shannon mandate, a number of Western delegations
have suggested ways in which the thorny question of asymmetric
stockpiles could be addressed in conjunction with a cut-off treaty.
Canada reiterated its CD proposal for a Presidential statement to
redefine the context of the core Shannon mandate, especially with
respect to scope negotiations and entry into force, a suggestion
backed by several states. Norway affirmed the four points in its
1997 proposal for voluntary transparency measures, including
cooperative international measures to clarify and confirm the
voluntary declarations, with encouragement for the NWS to permit
inspections of their holdings and agreed monitored reductions of
the stockpiles.
One of the more innovative proposals came from Australia,
building on the statement of the Foreign Minister to the CD in
February. Recognising that if approaches to a FMCT are to succeed,
they must take account of the security situations of the NWS and
non-NPT states and their regions, Australia put forward the view of
a cut-off treaty not as a stand alone, one-off negotiation, but
rather as "a framework instrument which evolves into a
comprehensive regime governing the production, stockpiling and
disposition of fissile material". Accordingly, Australia proposed
that the conclusion of a first treaty codifying a basic FMCT should
be followed by "a second agreement providing for greater
transparency over fissile material inventories and gradually
bringing fissile material stocks under strict and effective
international control". Verification would also require "an
innovative, multifaceted approach involving a balance of bilateral,
plurilateral and appropriate international -- and possibly regional
-- arrangements..."
NAM countries, however, including Egypt, Indonesia and South
Africa, emphasised the importance of any fissban covering not only
future but also past production as well as the management of
weapon-usable fissile materials. Indonesia posed five questions to
be addressed in fissban negotiations and called for plutonium and
HEU from dismantled warheads to be placed in
internationally-monitored storage "in order to assure that they
will not be re-used for weapons"
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - May 4 1998
1998 NPT PrepCom - Briefing No 6
Cluster 1: Nuclear Disarmament
Around 30 delegations spoke during the closed Cluster 1 debates
on nuclear disarmament, of which some 23 papers were made
available. Recurring themes included: calling on all States to sign
and ratify the CTBT; expediting the start of negotiations on a
fissile materials production ban as early as possible (as the
subject of a specially allocated session, the FMCT/fissban issue
will be addressed separately in NPT Briefing 7); welcoming progress
in the bilateral START process and urging the ratification of START
II by the Russian Duma plus the encouragement of further measures
under the rubric of START III; urging progress involving all the
NWS, especially with regard to measures identified by the Canberra
Commission for immediate action; increased levels of transparency,
confidence-building and information sharing by the NWS; and
instituting an ad hoc committee on nuclear disarmament in the CD,
with or without a negotiating mandate.
The NAM working paper reiterated its position from 1997, for the
CD to negotiate a phased programme of nuclear disarmament leading
to a nuclear weapons convention, a position stressed by several
states including Malaysia, Indonesia, Colombia, Mexico and Egypt.
As China, Russia and the United States had done in the General
Debate, France and Britain outlined the steps they have already
taken towards compliance with the NPT obligations on nuclear
disarmament. None of the NATO States responded to the criticism by
NAM states questioning their compliance with Articles I and II. The
NAM have urged the NWS and NNWS to refrain from "nuclear sharing
for military purposes under any kind of security arrangements" and
Egypt specifically proposed that the PrepCom recommend to the 2000
Review Conference to state in "clear and unambiguous terms that
Articles I and II...allow for no exceptions and that the NPT is
binding on States Parties at all times".
Implementing P&O programme
Many of the statements outlined national positions with regard
to nuclear disarmament and some proposed language to be included in
a 'rolling text' of recommendations to the 2000 Review Conference.
Several delegations made direct or oblique reference to item 4c of
the P&O, "to pursue systematic and progressive efforts to
reduce nuclear weapons globally, with the ultimate goal of
eliminating those weapons", and to the importance of the steps
identified by the Canberra Commission which should be undertaken by
the five NWS without delay, such as: taking nuclear weapons off
alert; transparency measures for nuclear weapons and military
stockpiles of fissile materials; restrictions on the deployment of
tactical nuclear weapons; opening the ABM Treaty to accession by
Britain, China and France; commitments not to modernise or increase
the size of nuclear arsenals, and so on.
Also building on the practical proposals put forward by the
Canberra Commission, US National Academy of Sciences and others,
South Africa went a step further with a pragmatic proposal for
using the NPT Review Process to give the P&O programme concrete
content. Taking the implementation of item 4c as its starting point
and recognising the need for "a structured opportunity to
deliberate on the practical steps" for implementing Article VI and
the programme of action outlined in the P&O, South Africa
proposed i) specific time to be allocated at the Third PrepCom in
1999; ii) for the 2000 Review Conference to decide to allocate
specific time to practical consideration of nuclear disarmament
steps at future PrepComs; and iii) the establishment at the 2000
Review Conference of a subsidiary body to Main Committee 1 to
provide more structured and focused deliberations on the
implementation of the nuclear disarmament provisions of the P&O
and Article VI.
The NAM states, including Mexico, have welcomed these proposals
as a positive step forwards. Although western countries such as New
Zealand, Sweden, the Netherlands and Belgium have expressed
interest in this practical approach to addressing nuclear
disarmament issues in the review process, others have seemed
reluctant, either because they argue that nuclear disarmament gets
sufficient attention in the cluster debates, or on the grounds that
such focused action by NPT Parties could detract from the work of
the CD or the bilateral START process underway. South Africa,
however, had emphasised the continued importance of the bilateral
reductions (and also future negotiations involving all the NWS).
Pretoria's recent role at the forefront of efforts to enable the CD
to address nuclear disarmament more effectively also clearly
demonstrated its commitment to addressing nuclear disarmament
issues in both fora, as is appropriate. In many ways, the South
African proposal to provide a structured mechanism for information
exchange between the NWS and NNWS regarding practical steps towards
nuclear disarmament is also consistent with growing calls for
greater transparency coming from many sides, including the NAM,
Japan, South Korea, Sweden, the Netherlands, Australia, Finland and
Belgium.
Furthering START
A large number of delegations stressed the importance of
furthering the START process and hoped that Russia would ratify
soon. While some appeared reasonably satisfied with current
progress, others, notably the NAM states, expressed concern that
such "limited agreements" did not go far enough. A number of
States, including Russia, Sweden, Australia, Canada, New Zealand,
Germany, Japan, and several NAM delegations have alluded to the
importance of involving China, Britain and France more in the
future and to encouraging five-power talks on nuclear disarmament
issues. Arguing that NPT Parties should be able to take a direct
role, as well as evolving text for future review documents, Canada
proposed a 'Draft Statement on Current START Standstill', intended
to be issued either by the PrepCom or as a Chair's statement at the
end of this meeting. The statement built on the 1997 UN General
Assembly resolution co-sponsored by the US and Russia (among
others), and was intended to encourage START II ratification and
further progress on START III. Although Canada's proposal has
attracted interest from a number of delegations, Russia and the
United States have so far shown little enthusiasm for issuing such
a statement from the PrepCom.
CTBT
Many States also want the NPT Review process to urge all States
to accede to the CTBT. The NAM statement further called on the NWS
to refrain from "conducting all types of tests" and to "comply with
the letter and spirit of the CTBT". While Switzerland underlined
the CTBT's role in limiting the development of new or qualitatively
improved nuclear weapons, others were even more explicit. Sweden,
for example, urged the NWS to exercise the "utmost restraint
regarding any activity that could undermine the fundamental
objectives of the CTBT, including so-called sub-critical
experiments." Canada proposed that the NPT PrepCom endorse calls
for the political conference to facilitate the CTBT's entry into
force (as per Article XIV of the Treaty) to be convened in 1999,
before the 2000 NPT Review Conference. Canada's proposal is
supported by many States, although there have been reports that
Russia and possibly others are pushing for the Conference to take
place after 2000.
CD Nuclear Disarmament Committee
The NAM working paper called explicitly for the CD to establish
an ad hoc committee on nuclear disarmament, "taking into account
all proposals which have been submitted by members of the Group of
21...". This would include proposals made in 1997 by Egypt and by
26 NAM members of the CD for multilateral negotiations on a phased
programme of nuclear disarmament, including time-tables, and also
South Africa's proposal for it "to deliberate upon practical steps
for systematic and progressive efforts to eliminate nuclear weapons
as well as to identify if and when one or more such steps should be
the subject of negotiations..." Several Western States also now
back CD work on nuclear disarmament, ranging from support for South
Africa's non-negotiating mandate or Canada's proposal for
"substantive discussion of nuclear disarmament issues with a view
to identifying if and when one or more such issues might be
negotiated multilaterally" to Belgium's very mild proposal for an
"ad hoc group for reflection and study". Japan called for
information exchange and discussion of practical issues in various
fora, including the CD and the NPT review process, and hoped that a
session of the UN Disarmament Conference in November in Nagasaki
would be devoted to practical aspects of nuclear disarmament.
The NWS
China and Russia's positions on nuclear disarmament questions
were outlined and reported on earlier. France and Britain both gave
similar accounts, which also mirrored many points emphasised by the
United States, which elaborated further on its general statement.
Emphasis was placed on nuclear safety and security, bilateral
negotiations and also French and British unilateral steps to end
their deployment of tactical nuclear weapons, as well as increasing
transparency and halting fissile materials production. All pushed
for commencement of FMCT negotiations in accordance with the
Shannon report and mandate, as well as stressing other States'
responsibility for making progress on nuclear disarmament possible.
Many States have commended the early ratification of the CTBT by
France and Britain, of which both were justifiably proud, and the
NWS all urged support for the test ban treaty and its early entry
into force. France described closing its Pacific test site and
dismantling operations at Moruroa and Fangataufa, and also pointed
out that it has taken a further step of decommissioning its
plutonium and HEU production facilities at Marcoule and
Pierrelatte.
Most of the nuclear disarmament debate was general, with much
rhetoric on making further progress. Proposals fell into two
categories: text for taking to the 2000 Review Conference, and
specific proposals for action to be taken by this PrepCom, such as
Egypt and South Africa's recommendations and Canada's proposals on
START and the CTBT. However, there was little agreement on how to
move forwards.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - April 30 1998
1998 NPT PrepCom - Briefing No 5
General Debate Concludes
The general exchange of views at the Second PrepCom concluded on
Wednesday morning with statements from Viet Nam, Chile, Argentina,
Malaysia and also the United Kingdom on behalf of the five declared
nuclear weapon states (P-5). In addition, this briefing will cover
several statements given during Tuesday's debate.
The debate on cluster 1, dealing with nuclear disarmament, is
taking place on Wednesday and Thursday, with the special debate on
the fissile material production ban or cut-off (FMCT) scheduled for
Thursday afternoon, but likely to spill into Friday. There have
been numerous statements with some interesting new proposals,
notably from South Africa, Canada and Australia. As the cluster
debates are now closed to NGOs, however, it will take a bit longer
to collect and assimilate the various interventions that I was not
present to hear, so briefings on the nuclear disarmament and FMCT
debates will not be ready until Monday.
Review Process
In the General debate, Mexico made clear its view that the
Review Process should go beyond the "first exercise" and results of
the 1997 PrepCom, in order to put together a coherent compilation
of ideas, principles and concrete methods that could serve as
recommendations for the full implementation of the Treaty's
objectives, and "above all, nuclear disarmament". Sri Lanka
emphasised that the PrepComs should be viewed as a "cumulative
process that would drive the 2000 Review" and reminded delegates
that it was their responsibility to "formulate strategies to
influence and accelerate the progress leading to the elimination of
nuclear weapons". Sri Lanka stressed that the nuclear disarmament
cluster should have priority and be given sufficient focus and
time. Iran argued for the establishment of a "follow-up mechanism"
to ensure full implementation of the Treaty and recommendations,
and proposed creating an "open-ended standing committee" to address
all aspects of the NPT, including compliance issues. Chile
suggested that the ideal method for progress should utilise the
Chair's paper from the first PrepCom and incorporate national
positions and new elements with the aim of formulating concrete and
constructive proposals. Chile also expressed support and interest
in Canada's proposals. Australia backed South Africa's view that it
would be "logical and desirable" to work for a new P&O document
"which would guide our nuclear non-proliferation and disarmament
efforts in the period after the 2000 Review Conference..."
Egypt proclaimed that the "ultimate aim of the NPT is universal
nuclear disarmament" and proposed that NPT States should "submit
written reports on the progress achieved to date and their future
plans to implement each provision of the Principles and Objectives"
(P&O). South Korea backed calls for the NWS to be "more
forthcoming in informing the international community of the
activities and progress in their efforts toward nuclear
disarmament".
Principal Issues Raised
Several states proclaimed that nuclear disarmament was of the
highest priority. Malaysia and Egypt argued that "outmoded nuclear
deterrence strategies and doctrines" must be delegitimised and
abandoned. Malaysia regretted that the unanimous ICJ opinion which
"unambiguously underscored the States Parties' obligation under
Article VI of the NPT" and had twice been endorsed by the UN
General Assembly (1996 resolution 51/45M and 1997 resolution
52/38O) "has yet to be responded positively to by the nuclear
weapon states".
Several NAM delegations endorsed the non-aligned statement, with
Viet Nam and Colombia expressing their fullest backing. Colombia
also underlined the priority importance of nuclear disarmament and
the ICJ's authoritative advisory opinion. Sri Lanka called on the
Review Process to address nuclear smuggling and terrorism, issues
of safety and the environment, export-import control of illicit
nuclear material, and institutional support from the IAEA. Sri
Lanka wanted nuclear disarmament to be addressed in the CD as well
as by the NPT review process. Calling on all states to promote the
entry into force of the CTBT, Sri Lanka also warned that "if
testing continues, under whatever pretext, technical or other" it
could undermine the CTBT. Egypt expressed its scepticism that the
presidential consultations on nuclear disarmament recently agreed
by the CD would bear fruit, citing the lack of political will of
some of the NWS. Chile gave its general support to the NAM
statement but mentioned that it had reservations on certain
paragraphs.
While many delegations affirmed their support for negotiations
on the fissban, Australia argued for the PrepCom to make
recommendations that would enable the CD to get to work on the FMCT
on the basis of the 1995 Shannon Report. Egypt again argued that it
supported the general aim of banning fissile materials, but "it can
only be effective if it is applied to both future as well as
already produced fissile material, i.e. stockpiles". Malaysia and
Viet Nam mentioned the South East Asian NWFZ Treaty (Bangkok),
which entered into force on 27 March 1997, hoping that
consultations between the NWS and countries in the region would
enable the protocols to be signed and ratified by all the NWS.
Several countries, particularly Egypt, Syria and Iran, raised
concerns about the current obstacles to establishing a zone free of
weapons of mass destruction in the Middle East and hoped that the
review process would work out practical steps towards implementing
the 1995 Resolution on the Middle East.
Chile and Argentina both raised concerns about shipments of
nuclear waste and spent nuclear fuel moving through adjacent
waters, wanting coordination in the international fora to
strengthen safety regulations. Argentina especially recalled two
communiqués in January 1997, from Argentina and from Chile,
Brazil and Uruguay, calling for regulations including guarantees on
routes, obligations to communicate to coastal states for emergency
planning in the event of accident, and provisions for salvage and
compensation if such an accident should occur.
Many, including Chile, Colombia, Algeria, Egypt and Viet Nam,
emphasised the importance of negative security assurances, which
Algeria called an essential measure to accompany the
non-proliferation regime. Although they generally seemed to endorse
the goal of an NSA protocol to the NPT, Egypt summed up the
dominant NAM support for this work to be done by the
recently-established ad hoc committee in the CD, rather than
through the NPT Review Process.
Several countries also emphasised the importance of the Article
IV commitment to the "inalienable right" to nuclear energy. Chile
called for more transparency on export controls and said that the
export control regime should be progressively multilateralised in
its structure and scope. Australia called for a "strong but
transparent nuclear export control regime". Iran focused a
significant part of its intervention on criticising the policies
and practices of the export control regime set up under the
auspices of the Nuclear Supplier Group, quoting the 1995 P&O
regarding the promotion of transparency and claiming that the NPT
declaration had recognised the IAEA as the "sole competent
authority", although that language was not adopted in any of the
consensus decisions. Iran also called for security arrangements to
prevent safeguarded nuclear facilities from being attacked.
South Korea gave 'ardent backing' to the activities of the CTBT
Organisation's Preparatory Commission and Provision Technical
Secretariat in establishing the verification regime, urging all
States to sign and ratify. This just preceded a detailed statement
on the CTBTO PrepCom's progress towards implementing the test ban
treaty, presented by Masabumi Sato, Director of the Legal and
External Relations Division of the PTS. South Korea also raised
concern about North Korea's "non-compliance with the IAEA
safeguards agreement", citing three inter-related elements.
In this regard, I would like to apologise to the DPRK for
wrongly attributing part of the delay in starting the first NPT
PrepCom in 1997 to their request to be seated as an observer rather
than a State Party and for implying that they might do the same
this year. I now understand that the delay was wholly due to the
difficulties over Yugoslavia's seat, and that beyond an initial
inquiry, DPRK has not attempted to attend the NPT meetings since
1995.
P-5 Statement
The five declared NWS have continued with the precedent, set in
1997, of presenting a paper with their "shared views" regarding NPT
implementation. Read by a British representative, the P-5 statement
called on all states to "contribute to the success" of the CTBT and
urged immediate commencement of negotiations of a FMCT in
accordance with the 1995 Shannon report to the CD. Most of the
statement was a bland but collective reaffirmation of support for
various aspects of the Treaty, with particular emphasis on the
enhanced IAEA safeguards regime and nuclear security and safety
issues, including transparency in the development of nuclear
energy. The P-5 interest in transparency did not appear to extend
to nuclear weapon-related activities, however.
Although they reaffirmed their "determination to continue the
pursuit...of systematic and progressive efforts to reduce nuclear
weapons globally..." and welcomed their countries' achievements so
far in the START process and in steps towards placing fissile
materials "no longer required for their defence purposes" under
IAEA safeguards, the NWS seemed particularly keen to emphasise the
responsibility of other States Parties in implementing the Treaty,
including Article VI. The P-5 concluded, however, by promising to
"continue to work together for the success of the preparatory
process and the 2000 Review Conference and on related
issues".[Emphasis added]
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - April 29 1998
1998 NPT PrepCom - Briefing No 4
NGOs Address the PrepCom
Non-governmental organisations made 13 statements to delegations
at an 'informal session' of the Second PrepCom, chaired by
Ambassador Eugeniusz Wyzner. The statements were the result of a
collective process undertaken during the past months to ensure the
participation of many NGOs with diverse views, whether or not they
would be able to be in Geneva during the PrepCom. In keeping with
this spirit, I shall not highlight the individual names or
affiliations of the speakers. My short summary cannot possibly do
justice to the rich variety of information and ideas put forward,
but the full statements are available at http://www.itu.ch/ipb/
Spiritual, Ethical and Humanitarian Appeal
The opening statement noted "the terrible suffering caused by
nuclear weapons, their potential for total destruction, and their
perversion of the fundamental nature of matter". The NWS and their
allies were urged to free themselves of their "self-imposed and
self-destructive addiction" with the help of "tough love" from the
non-nuclear-weapon states, to help them "embark on a course of
action that moves toward nuclear abolition." With regard to Article
VI, and the ICJ unanimous ruling in July 1996, it was stressed that
"good faith" meant "basic honesty...abiding by one's
commitment".
Nuclear colonialism and environmental racism
A representative of Indigenous peoples of the Pacific spoke of
how "modern technology has been used to perpetuate the historical
devastation of Indigenous lands", and made specific reference to
"the superpower nuclearisation of the region, nuclear testing,
toxic dumping..." He demanded the "final cessation of these
genocidal acts of nuclear colonialism" and called for NPT Parties
to support and respect nuclear weapon free zone treaties and
contribute to the environmental cleanup of the radioactive waste
and contamination, emphasising the importance of ending the
transhipment, storage and dumping of nuclear waste in the Pacific
and the necessity for ongoing monitoring of contaminated areas and
support for test site workers affected by nuclear testing. A number
of subsequent statements reinforced this message with documented
evidence of the terrible destruction wreaked on Indigenous Peoples
and lands during the nuclear age.
NATO nuclear weapons sharing
Concerns were raised about the continued siting of around
150-200 nuclear weapons in seven European countries as part of NATO
nuclear sharing arrangements: Belgium, Germany, Greece, Italy, the
Netherlands, Turkey and the United Kingdom. In view of U.S. plans
to transfer control over nuclear weapons to Allied countries and
the involvement by additional States in nuclear planning, such
arrangements contradicted "the intent and possibly the letter of
Articles I and II of the NPT". NPT Parties were thus recommended to
"explicitly and clearly state that the Treaty remains in force in
time of war," building on the results of the 1985 Review
Conference. In addition, to exclude any possible future development
of European nuclear forces through integration of French and
British nuclear weapons, EU members should declare that in the
event of full political union, the EU would become a non-nuclear
member to the NPT.
Fissile materials
Two broadly different perspectives were identified: those who
favoured getting a cut-off agreement underway as soon as possible,
on the basis of the 1995 Shannon mandate; and those who considered
that "without specific disarmament steps" by the NWS, a cut-off
agreement would "simply reinforce existing disparities." Both
approaches advocated additional steps, such as greater transparency
and accurate accounting, as well as designating more plutonium and
HEU as "excess", to be put under IAEA safeguards and irreversibly
removed from future military re-use. The first sought ways to
address stocks in parallel with the FMCT, whereas the second argued
for specific disarmament steps to be undertaken together with a
fissile materials ban, including the dismantlement of all military
materials production facilities and a ban on the production of
nuclear pits and tritium. The proliferation risks associated with
the commercial use of fissile materials and various options for
dealing with plutonium and HEU stocks to minimise the risks of
proliferation and environmental contamination.
Health and Environmental Effects
Detailing the "extensive health and environmental damage"
resulting from nuclear weapons production and testing, including
human experiments conducted without informed consent, the statement
emphasised that the effects were not confined to the NWS, but have
had harmful effects worldwide. A "Global Truth Commission on the
Health and Environmental Effects of Nuclear Weapons, Production and
Testing" was proposed, either as a commission of the UN General
Assembly, or under the joint auspices of the WHO and the UN
Environmental Programme, with the task of documenting and
evaluating the health and environmental effects and developing ways
to assist the affected populations. Since "the mothers of the world
are...often its first epidemiologists", the Commission should also
invite the participation of citizens from around the world.
Nuclear Power and Sustainable Energy
In addressing the current status of nuclear power, the sixth
statement identified trends and issues to enable NPT delegates and
decision-makers to place nuclear power in the overall perspective
of energy needs. In particular, the speaker noted that the "nuclear
industry is in a period of stagnation worldwide and in actual
decline in many countries" due to several factors including: its
cost, diminishing political support, a failure to address safety,
environmental and proliferation issues, and significant public
opposition to nuclear technology in many countries. To meet the
growing world-wide demand for energy, it was proposed that
"contemporary Article IV" should be taken up, to "promote research,
technology transfer and assistance in developing sustainable energy
development, including energy efficiency...encourage strengthened
forms of cooperation...[and] allow the energy aspirations of the
developing world... to be met in a sustainable manner."
Immediate Steps on CTBT and START
The seventh statement focused on bringing the CTBT into force,
implementing START II and achieving deeper reductions in nuclear
arsenals. The fundamental importance of the CTBT as both a nuclear
disarmament and a non-proliferation measure was stressed, all
States were urged to sign and ratify the Treaty, and the NWS were
reminded that "the CTBT does not give them a blank check to pursue
the development and qualitative improvement of new types of nuclear
weapons or modifications of existing weapons types..." In addition,
it was proposed that NPT Parties urge Russia to ratify START II
without further delay and encourage the United States and Russia to
initiate negotiations on START III, with the aim of signing and
ratifying it by the year 2000.
Anti-disarmament policies and programmes
The eighth statement raised concern about new weapons and
facilities being developed by some of the NWS under the rubric of
'Stockpile Stewardship' and provided details on laboratory testing
programmes and capabilities in some of the NWS, with particular
emphasis on the United States. The statement called for: full
disclosure and public debate on national policies regarding the
threat and use of nuclear weapons; the renunciation of polcies of
threatened first use or massive retaliation; elimination of
laboratory testing capabilities; national policies to prohibit the
design, development or production of new warheads or modifications
for new military capabilities; negotiations leading to the
abolition of nuclear weapons.
Next Steps
Emphasising the importance of uniting the non-NNWS in order to
"be a powerful irrefutable voice to which the NWS will be compelled
to listen", this statement proposed the de-alerting of the current
nuclear forces, by removing warheads from operational missiles and
long-range warheads, reducing the number of warheads on submarines
or cutting the nuclear submarines' patrols. Such measures could be
accomplished in the near term, thereby contributing practically to
the growing acceptance of the case for abolishing nuclear weapons.
The statement further proposed that the final stage before complete
nuclear disarmament should be one involving the immobilisation of
the remaining (few) nuclear weapons of the declared and undeclared
NWS. According to this, warheads and delivery systems would be
separately stored under international monitoring. Such a measure
would "protect the security interests of the NWS while eliminating
all possibility of surprise attack or threats to use nuclear
weapons".
Nuclear weapons convention
Describing the reasons for and basic provisions of the model
nuclear weapons convention (UN doc A/C.1/52/7), it was proposed
that NPT Parties should establish an intersessional working group
on implementing Article VI, to consider how to bring about
negotiations. It was stressed that now was the time to begin
devising a plan for complete nuclear disarmament -- including
verification mechanisms -- "to be ready when the political climate
is favourable".
Regional Initiatives
Existing nuclear weapon free zone arrangements were strongly
supported. Noting that these were primarily in the South, further
NWFZs were advocated in the Northern Hemisphere, in areas such as
Central Asia, Central Europe, the Balkans and the Adriatic, and
especially in zones where nuclear weapons are currently deployed.
International seas and oceans should be free from nuclear weapons.
Zones free from all weapons of mass destruction were important,
especially in the Middle East, and countries wishing to declare
themselves nuclear free should be encouraged.
Security beyond Nuclear Deterrence
Noting that "the security challenges we face now arise from
threats to the earth's life-support systems", ranging from economic
disparity and misuse of scarce resources to environmental
degradation, overpopulation and climate change, it was clear that
nuclear weapons were "a security problem, not a solution" and that
we need "to shift the image of nuclear weapons from political
virility symbol to the stigmatised status of chemical or biological
weapons". Arguing that effective solutions will require
"cooperation, imagination and vision", the statement concluded:
"Cold War alliances have had their day; we must all be allies now
if we are to avoid disaster."
A Call to Action
The final statement summarised the main arguments and
recommendations and urged fuller NGO participation in the Review
Process. Supporting the 1997 Marshall Islands proposal for an
inter-sessional working group to start work on preparing the ground
for negotiations on a nuclear weapons convention, the NGOs stressed
the importance of immediate, intermediate measures such as taking
nuclear weapons off alert and halting sub-critical nuclear tests
and the modernisation of nuclear weapons, concluding "It is time to
put away these deadly instruments of war, clean up the toxic legacy
of the nuclear age, and use our precious resources to provide for
the genuine needs of our human family on planet Earth."
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - April 29 1998
1998 NPT PrepCom - Briefing No 3
Non-Aligned Positions Set Out
The Chair of the Second NPT PrepCom, Ambassador Eugeniusz
Wyzner, announced the likely time-table for the next two weeks. It
has been decided to devote 9 sessions to debating issues under the
three clusters based on the Main Committee divisions of nuclear
disarmament, safeguards and nuclear energy, with three additional
sessions specifically devoted to the fissban/FMCT, the Middle East
and negative security assurances, as intended by the First PrepCom
in 1997.
The continuing general debate was dominated on Tuesday by NPT
Parties who belong to the Movement of Non-Aligned States (NAM) and
included the publication of a NAM working paper, introduced by
Makarim Wibisono of Indonesia. Twelve delegations spoke: Australia,
Mexico, Syrian Arab Republic, Uzbekistan, Algeria, Sri Lanka,
Ukraine, Iran, Colombia, Egypt, Kyrgyzstan and the Republic of
Korea (South Korea). Not all papers were available and since the
general debate will conclude on Wednesday, some of Tuesday's
statements will be covered in the next briefing.
The NAM Working Paper
In an early move indicative of more effective coordination, the
NAM tabled a comprehensive working paper and proposed that
"recommendations which have been deliberated upon throughout [the]
preparatory process should be forwarded to the Review Conference in
2000 for further refining, finalisation and adoption". The paper
comprised 37 substantive paragraphs, related to the Articles of the
Treaty.
Nuclear sharing
Under the section dealing with Article I of the NPT, in addition
to castigating nuclear assistance which may contribute to the
proliferation of nuclear weapons, the NAM for the first time
unmistakably condemned the stationing of nuclear weapons on the
territory of allies, such as in NATO, and called on the NWS to
"refrain from, among themselves, with non-nuclear weapons States
and with States not party to the Treaty, nuclear sharing for
military purposes under any kind of security arrangements". This
challenge was reinforced in the paragraph relating to Article II,
which would require the corollary commitment by non-NWS to refrain
from participation in nuclear sharing.
Safeguards and export controls
Under Article III, the NAM sought to called on all NWS and
non-NPT Parties to place their nuclear facilities under IAEA
full-scope safeguards and backed the principle that full-scope
safeguards were to be made a condition of new supply of
nuclear-related material and equipment. Referring to export control
arrangements such as the Nuclear Suppliers Group, the NAM
reiterated their view that "unilaterally restricted measures which
prevent peaceful nuclear development should be removed". However,
where previously they had sought to have the IAEA accepted as the
"sole" authority for NPT compliance, the statement reaffirmed the
IAEA as "an essential element in guaranteeing compliance".
Five paragraphs were devoted to Article IV. In addition to
reaffirming NPT Parties' "inalienable right" with regard to nuclear
activities "for peaceful purposes", including preferential
treatment for developing States in the Treaty, concerns were raised
about the vulnerability of nuclear facilities to attack and the
need for improved international regulations regarding the shipment
of radioactive wastes and spent fuel.
CTBT
Article V's commitment to "peaceful nuclear explosions" was
superseded by three paragraphs relating to the CTBT, which banned
all nuclear explosions. There was a strong call to all States to
sign and ratify the test ban treaty. To "build confidence [in] the
full implementation of the Treaty", the NWS were enjoined to
"comply with the letter and spirit of the CTBT", to provide
"transparency on-site" and to "refrain from conducting all types of
tests in conformity with the objectives of the CTBT" -- presumed to
be a slightly fudged reference to sub-critical testing and other
controversial programmes associated with the ongoing nuclear weapon
programmes of at least some of the NWS.
Nuclear Disarmament Nine paragraphs were devoted to
Article VI, representing an uneasy but challenging balance between
ideal and pragmatic positions, designed to squeeze the NWS between
a rock and a hard place. Thus the call for a nuclear disarmament
committee in the CD gave some room to manoeuvre on its initial
tasks, while continuing to aim towards "the complete elimination of
nuclear weapons with a specified framework of time, including a
nuclear weapon convention prohibiting the development, production,
testing, employment, stockpiling, transfer, threat or use of
nuclear weapons and providing for their elimination." Similarly the
unanimous ICJ opinion which reinforced Article VI was cited in a
context that would involve regular information exchange from the
States Parties, but especially the NWS, on their efforts towards
implementing their international legal obligations on nuclear
disarmament.
Some observers drew hope from a positive call, without
preconditions, for the CD to get going on negotiating "a treaty
banning the production and stockpiling of fissile material for
nuclear weapons..." and implying acceptance of the Shannon report
as a basic mandate.
Security Assurances
The NAM also called for the PrepCom meetings to negotiate a
legal instrument on security assurances "to be finally adopted by
the 2000 NPT Review Conference as an annexed protocol to the
NPT".
Middle East
Nuclear weapon free zones are supported, with particular mention
of the Middle East, South Asia and Central Asia, and to
"consolidation of the status of the nuclear-weapon-free southern
hemisphere and adjacent areas". The final five paragraphs push for
implementation of the 1995 Resolution on the Middle East and for
establishment in the Middle East of a zone free of nuclear and
other weapons of mass destruction. Efforts to isolate Israel and
embarrass its key ally, the United States, are being intensively
renewed, aided by the deteriorating political support for the
present government and the fact that all states in the region
except Israel have now acceded to the NPT.
Central Asia
Two statements focused particularly on the initiative by five
countries to establish a NWFZ in Central Asia: Kazakhstan,
Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. Calling for
international and United Nations support for this initiative,
Uzbekistan said that a Central Asian NWFZ would contribute towards
international cooperation and universal nuclear disarmament.
Moreover the process of multilateral diplomacy in building such a
zone was also important: to strengthen the nonproliferation regime,
to work out effective measures for environmental rehabilitation and
to develop and reinforce regional security measures.
Kyrgyzstan also pledged its support for a Central Asian NWFZ and
hoped that the PrepCom would take a positive attitude towards the
initiative's progress. Kyrgyzstan also expressed its serious
concern about the legacy of environmental damage from nuclear
weapons production still being borne by countries such as theirs,
long after the end of the Cold War, and called for assistance from
governments and international organisations, especially the IAEA,
in cleaning up the region and disposing of the radioactive
contaminants.
Ukraine
Ukraine, which voluntarily gave up what would have been the
world's third largest nuclear arsenal after the break-up of the
Soviet Union, also drew attention to the problems caused by the
Chernobyl disaster on its territory. Noting that the concept of a
nuclear-free world was now on the international security agenda,
Ukraine called for the NPT Parties to work towards achieving
specific practical steps, including: practical measures to promote
the universality of the Treaty; further reductions in nuclear
arsenals; entry-into-force of the CTBT as soon as possible;
immediate negotiations and early conclusion of a fissile materials
cut-off; measures to combat nuclear terrorism; and the
comprehensive implementation of NWFZ agreements and the
establishment of new zones.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - April 28 1998
1998 NPT PrepCom - Briefing No 2
General Debate Begins
The Second Preparatory Committee (PrepCom) for the 2000 Review
Conference of the Conference of the Parties to the Treaty on the
Non-Proliferation of Nuclear Weapons (NPT) opened on 27 April at
around 11.15 am and swiftly appointed Ambassador Eugeniusz
Wyzner of Poland as its Chair. Ambassador Andelfo Garcia of
Colombia and Ambassador Markku Reimaa of Finland were appointed
Vice Chairs. Additionally it was agreed that Garcia, who had been
nominated by the Movement of Non-Aligned States, should be Chair of
the Third PrepCom, due to be held in New York in 1999. To the
relief of many, there was no repeat of last year's delays over
whether the Federal Republic of Yugoslavia and North Korea would be
seated as Member States.
The first two days will be devoted to general debate, including
a three hour informal session on Tuesday afternoon for
non-governmental organisations (NGOs) to address the delegates.
General statements were made on the first day by sixteen
delegations: South Africa, the United Kingdom for the European
Union and others, China, Indonesia, Japan, Switzerland, Myanmar,
the United States, Canada, New Zealand, Norway, Turkey, Russia,
Bangladesh, Morocco and Iraq.
Some interventions were near-facsimiles of past statements to
the 1997 PrepCom, while others were cliché-rich but thin on
content, so as space is limited, this summary will seek only to
highlight a few of the more interesting issues to emerge. Other
themes are likely to be addressed more fully in future NPT
briefings, as more delegations put their ideas and concerns on the
table.
Nuclear Disarmament
Three of the nuclear weapon states (NWS) spoke. Norman Wulf aimed
to give a comprehensive and positive overview of the "numerous
practical steps" taken by the United States in support of
its NPT obligations, devoting considerable time to Article VI.
Referring to the bilateral START process and multilateral CTBT, as
classic disarmament approaches, Wulf also outlined arms control
measures such as the unilateral reduction of tactical nuclear
weapons, detargeting, cessation of fissile materials production and
attempts to increase fissile material transparency, saying that the
US "wants its NPT partners to recognise and understand the
relationship between this range of 'non-classic' arms control
measures and the nuclear disarmament process."
Grigori Berdennikov gave Russia's gloomier overview.
After enumerating Russian arms reductions under the Intermediate
Nuclear Forces (INF) Treaty and START I and noting the realisation
of "unilateral disarmament initiatives" in reducing tactical
nuclear weapons, Berdennikov spoke of Russia's efforts to withdraw
plutonium and highly enriched uranium (HEU) from military
programmes and welcomed initiatives to make Central and East Europe
and Central Asia into areas free of nuclear weapons. Taking aim at
NATO's continuing nuclear policies, he reiterated Russia's call for
nuclear weapons not to be placed outside the territory of the
nuclear States. Referring almost certainly to US plans for
modernisation and missile defence, Berdennikov warned that
continued progress in nuclear weapon reductions would only be
possible "if appropriate guaranties are provided against
reproducing the nuclear arms race of the past". He also issued a
challenge to Britain, China and France, saying that Russia "would
like to see the other nuclear powers joining the efforts to reduce
nuclear weapons".
Sha Zukang's statement for China was also rather
pessimistic. He accused "some countries" of clinging to a "Cold War
mentality" by expanding military blocs and developing
"sophisticated hi-tech weapons" and argued that the NWS should
abandon nuclear deterrence policies and conclude legally binding
no-use and no-first-use agreements. China's concerns about US plans
to develop strategic missile defence systems were underlined
several times, as Sha noted that such plans "violate the
Anti-Ballistic Missile (ABM) Treaty, jeopardise regional and global
strategic security and stability, hamper further progress in
nuclear disarmament, and may even trigger a new round of the arms
race."
Indonesia, however, castigated "self laudatory"
references which "cannot conceal that there are still an estimated
36,000 nuclear weapons with their inherent dangers". New
Zealand urged the NWS to take seriously the proposals in the
Canberra Commission Report, saying "we want to see progress on
steps such as taking nuclear weapons off alert; no first use
undertakings; removing warheads from delivery vehicles; [and]
ending deployment of non-strategic nuclear weapons". Canada
referred to START being "at a standstill" and proposed text to
reaffirm the importance of the US-Russian bilateral process and
further progress on nuclear disarmament, including the engagement
of the other three NWS. Several States criticised the lack of a
nuclear disarmament committee in the CD. Myanmar called on
the Second PrepCom to make recommendations for the CD to negotiate
"a universal and legally-binding multilateral instrument...
committing all states to the objective of the total elimination of
nuclear weapons". Japan called on the NWS to "share
information on various practical issues which they are encountering
in their current nuclear disarmament efforts" including financial
and technical problems regarding the dismantlement of nuclear
weapons.
The British Ambassador, Ian Soutar, spoke on behalf of the
European Union (EU) and 13 associated countries. As we have
come to expect from committee-drafting by 15 states with diverse
security perspectives, the EU statement sounded positive but said
little, reduced to making approving noises about the range of
issues, utilising the language of the 1995 Principles and
Objectives (P&O) so as to avoid controversy among its members.
It did, however, express the hope that "START III will be followed
by further reductions with the aim of eliminating these weapons
globally."
We will have to wait until the cluster debates for more
substantive statements from Britain and France regarding their role
in the fulfilment of this hope.
FMCT
One issue on which all the nuclear weapon states (and several
others from the Western group) seemed to agree was the necessity
for getting negotiations on a fissile materials cut-off treaty
(FMCT) underway. Japan made a particularly strong pitch,
condemning three "wasted" years of deadlock in the CD and calling
on the NPT PrepCom to express "as a whole, its firm determination
to commence FMCT negotiations" on the basis of the 'Shannon Report'
and mandate agreed in March 1995. Norway reiterated its call
for voluntary transparency measures from all nuclear capable
states, with particular responsibility on the NWS. Although
encouraging greater openness with regard to existing fissile
material stockpiles, Norway seemed to back away from its 1997
statement calling for declaration, clarification and inspections of
stocks. Canada proposed language for a P&O rolling text
supporting the FMCT commitment and urging the NWS to increase
transparency with regard to military stocks of fissile materials
and "increase the amount of fissile material declared excess",
putting this under permanent safeguards. Morocco said it was
essential for the CD to give utmost priority to a fissile materials
ban and castigated that body for "wasting time" on less important
issues that were already being dealt with in other fora.
Indonesia, however, condemned the NWS who, "while willing to
end their production are unwilling to give up existing stockpiles".
Indonesia wanted a "ban on existing material which also bans future
production of weapon-usable fissile material."
Other Issues
Several statements made obligatory references to "peaceful uses"
of nuclear technology and export controls. Many others mentioned
security assurances to non-nuclear weapon states, an issue expected
to be discussed in greater detail in a specifically allocated
session. A number of delegations emphasised the importance of the
CTBT, welcoming the early ratification by Britain and France and
urging others to follow. While Russia and China made
oblique reference to NATO's expansion, Bangladesh was rather
blunter, calling the stationing of nuclear weapons on the territory
of non-nuclear weapon states a "violation of the spirit of the
NPT". Turkey, for its part, informed the PrepCom delegates
that "apart from the nuclear umbrella of the NATO alliance" Turkey
did not possess nuclear weapons and had no intention of doing so.
Reha Keskintepe also emphasised Turkey's concerns about Middle East
security but said that it was "disingenuous to single out any one
country for the lack of progress" on establishing a nuclear weapon
free zone in the region. Iraq accused the United States of
exercising a "double standard" because it backed away from
implementing the Resolution on the Middle East adopted at the same
time as the 1995 decisions on extending and strengthening the
review of the NPT.
Strengthening the Review
Several countries underlined that the post-1995 review process was
intended to be "substantive" and "qualitatively different". The
EU suggested building further on the recommendations in the
Chair's working paper from 1997. The United States wanted
the "expansion and enhancement" of agreed sections of that paper.
South Africa, Switzerland, Canada and Indonesia
suggested that it was time to begin to develop a rolling text or
document. Canada even provided substantial examples of text
on the range of issues covered by the Treaty and P&O, as "input
for [a] possible revised Chair's working paper". Norway
reminded delegations that though the NWS bore the primary
obligation to fulfil their Article VI commitment, other states
should "remain involved, supportive and constructive", providing a
context for nuclear disarmament activities. However, on this first
day of the Second NPT PrepCom, there were disappointingly few
concrete proposals for effective progress in the future.
WRITTEN BY REBECCA JOHNSON
BRIEFING FROM THE ACRONYM INSTITUTE - April 27 1998
1998 NPT PrepCom Briefing No 1
PREPARING FOR THE FUTURE
Introduction
The second Preparatory Committee (PrepCom) for the 2000 Review
Conference of the States Parties to the 1968 Treaty on the
Non-Proliferation of Nuclear Weapons (NPT) will take place in
Geneva from 27 April to 8 May 1998.
When the NPT was indefinitely extended in 1995, the States
parties adopted a package of decisions intended to strengthen the
Treaty's review process. These established a set of Principles and
Objectives on nuclear non-proliferation and disarmament and
provided for three to four PrepComs to be held in the four years
leading up to the five-yearly Review Conferences. Under the
strengthened review process, the Review Conferences were mandated
to look forward, evaluate the Treaty's operation and identify the
areas and means for making progress on its implementation.
Where previously the PrepComs had been regarded as having only a
preparatory function, the 1995 decisions clearly intended them to
become more far-reaching and substantive, with the stated and
practical purpose of promoting the full implementation of the
Treaty. It will be important at this early developmental stage not
to close off any potential means, procedures or opportunities that
could help to strengthen the non-proliferation regime in the
future. Subject to the terms of the Treaty, States parties can
empower the review process to do whatever they collectively agree
it should do, including establishing subsidiary bodies and making
substantive recommendations, if they consider that these structures
can assist in achieving the objectives of the Treaty and the
enhanced review process.
Addressing Substance
Debating issues of substance is not the same as addressing
substance. Limiting substance to general discussion and exchange of
views does not necessarily facilitate progress. The way in which
such debates are presently conducted may not be conducive to
accomplishing the PrepCom's wider tasks. If extra time is allocated
to the Middle East, security assurances and the fissile materials
production ban, as intended by the 1997 PrepCom, it will be
important to ensure that the remaining time is allocated fairly. At
present, discussions are structured around the 'clusters' of issues
covered by the three traditional Main Committees. Cluster debates
may provide some continuity with the Review Conferences, but too
many issues are now crowded into cluster 1 on nuclear disarmament
for a three-way equal split to be balanced.
A distribution of time that would better reflect the weight
accorded the different components of the Treaty, as indicated in
general statements and negotiations on the 1995 decisions, could be
achieved if the sections in the Principles and Objectives were
taken as a guide instead. This would enable half the time to be
allocated to the several issues in the nuclear disarmament cluster,
with the remaining half divided equally among safeguards and
nuclear energy.
While the device of informal 'Chair's consultations' among some
25 key delegations was utilised effectively in 1995 and 1997 and
may continue to play a useful role, it will be important to ensure
that all the main players are involved and that there is effective
communication between those on the 'inside' and the rest of the
States Parties.
Nuclear Disarmament
Although universality, safeguards and exports were also of major
importance, the need for more progress on nuclear disarmament was
the driving force behind the negotiations to strengthen the review
process. Paragraph 3 of the Principles and Objectives reaffirmed
the Article VI commitment by the nuclear-weapon States (NWS) to
pursue negotiations relating to nuclear disarmament.
Paragraph 4 set forth a programme of action with three
components: (a) completion of a CTBT by a specified date (1996);
(b) a ban on the production of fissile materials; and (c) progress
by the NWS in efforts to reduce and eliminate their nuclear
weapons. In the absence of clarity on what 4 (c) means, it would be
useful if the NPT Parties could identify some of the concrete
elements they would envisage. The status of the Principles and
Objectives mubst therefore be determined for the future.
This PrepCom also needs to establish a clear right to make
recommendations, which would most usefully take the form of
practical proposals on specific aspects or measures within the
purview of the Treaty.
For the credibility of the Non-Proliferation regime, it will be
important to build on the precedents set by the 1995 decisions and
institute greater accountability. In addition to encouraging
implementation of the bilateral START process, the time has come
for the NWS to work together on specific issues of 'qualitative
nuclear disarmament' and to keep the non-nuclear-weapon States
informed of their progress. Such 'qualitative' measures could
reduce nuclear dangers and contribute towards implementing
paragraph 4 (c) of the Principles and Objectives. They could
include:
- taking nuclear weapons off alert;
- transparency measures leading to the setting up of a register
of nuclear weapons and military fissile material holdings;
- commitments not to modernise or increase nuclear arsenals;
- no stationing of land-based (tactical) nuclear weapons outside
the territory of NWS;
- multilateralising the Anti-Ballistic Missile (ABM) Treaty;
- no first use.
The NPT Parties should also re-affirm their commitment to the CTBT
and pledge to ratify the Treaty before the end of 1998. Both the
NWS and the non-nuclear-weapon States need to consider what they
can do to move past the obstacles to negotiating a fissile
materials production ban, especially the problems of stockpiles and
confidence-building among nuclear-capable States and their
neighbours.
Energy Cooperation
Regarding Article IV, the Principles and Objectives emphasised
the importance of non-discriminatory exchange of materials and
technology for non-military nuclear applications, giving
"preferential treatment" to NPT Parties. Widespread commercial
nuclear use may create "a nuclear-weapon-world in waiting". For
most States the key appeal of Article IV was the promise of a cheap
and reliable energy supply, not necessarily its nuclear generation.
While it is daily becoming clearer that nuclear power is less able
to deliver cheap, safe and reliable energy than alternative and
sustainable technologies, the NPT may be diverting countries with
the legitimate objective of energy security into an unequal
relationship with big nuclear business dominated by a few developed
States. What is now needed is a new, non-contradictory mandate for
the IAEA and a multilateral strategy of technology management to
prevent proliferation.
Tough Challenges Ahead
The 1998 PrepCom is likely to be tougher than in 1997,
reflecting a sharper awareness of what is at stake and some
frustration over the Conference on Disarmament's continued
inability to negotiate a fissile materials ban and agree the level
of multilateral involvement in nuclear disarmament. More States
will come prepared to fight for procedures, precedents and
substantive proposals to advance their interests, giving rise to
sharper conflicts over how to address nuclear disarmament, export
controls, and the nuclear-capable States in the Middle East and
South Asia. Additionally, security assurances and the nuclear
dimension of NATO expansion will be hard fought, though with little
prospect of constructive progress. There are likely to be delays on
the first day over seating Yugoslavia and North Korea followed by
diplomatic absences by both. The future credibility of the Review
Process could well rest on the tools which are developed and the
ideas put forward at this Second PrepCom, which should aim to be
pertinent and constructive rather than smooth!
NPT PrepCom Briefing No 1 is an edited version of the Executive
Summary of ACRONYM Report No 11,
Reviewing the Non-Proliferation Treaty: Preparing for the
Future, published by The Acronym Institute, London, April 1998.
This latest 'Red Report' is available in Geneva or from
representatives of The Acronym Institute.
© 1998 The Acronym Institute.
BASIC will be posting the text of NPT documents and drafts as
they appear on www.basicint.org
ACRONYM Report No 12 has now
been published. Entitled 'Reviewing the Non-proliferation Treaty:
Problems and Processes', ACRONYM 12 analyses the conduct and
outcome of the second preparatory committee meeting for the 2000
Review Conference. The report is in three parts with an executive
summary.
Summary and analysis of the 1997
PrepCom is available from Disarmament
Diplomacy No 14.
A detailed report and analysis of the 1995 Review and Extension
Conference of the NPT is available as Acronym Report No 7. This includes the
Text of the 1968 Nuclear Non Proliferation Treaty and the Text of
the Package of Decisions adopted in May 1995.
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