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News Proposals and Recommendations to the 2010 Review Conference
A Survey of Working Papers submitted to the 2009 Preparatory Committee
Michael Spies | Reaching Critical Will of WILPF

Article from the NPT News in Review, the daily NGO newsletter from the third session of the
Preparatory Committee for the 2010 nuclear Non-Proliferation Treaty Review Conference
Monday, 11 May 2009

Complete PDF of this edition.

This article survey proposals to the 2010 NPT Review Conference (RevCon), drawn primarily from working papers submitted to the third (2009) Preparatory Committee (PrepCom) session that were available on the Official Document System of the UN as of 10 May.1 Many proposals reflect recommendations tabled during the current review cycle, though many of the papers elaborate on, refine, or supplement earlier drafts. This review deals with those proposals that concern nuclear disarmament and non-proliferation issues. The order in which proposals are presented does not necessarily a reflect their priority or likelihood of achieving consensus.

Disarmament
Toward 2010, a number of governments have put forward various proposals intended to achieve a nuclear weapon free world. During the present PrepCom, the EU and Japan have submitted papers outlining their respective disarmament proposals. The EU action plan, described in WP.26, includes steps related to all three pillars of the Treaty. Japan, in WP.13, forwarded the eleven benchmarks for achieving nuclear disarmament and a nuclear weapon free world, as presented by Foreign Minister Hirofumi Nakasone in April 2009. The benchmarks are divided into three areas, including: steps by the NWS to reduce their arsenals; steps by all states; and steps to promote the peaceful uses of nuclear energy. In addition, the New Agenda Coalition (NAC) and the Vienna Group of Ten have also introduced papers outlining recommendations to the RevCon on disarmament.

Further reductions in strategic nuclear forces.
Several delegations have recommended further reductions in nuclear arsenals. The NAC and Japan, in WP.11 and WP.13 respectively, called for negotiation on further cuts to US/Russian arsenals, deeper irreversible and verifiable reductions, and efforts by other NWS to reduce their arsenals. The Coalition also welcomed the US/Russia decision to seek a replacement to START.

Reductions in sub-strategic nuclear forces.
Following early proposals for inclusion for binding commitments dealing with sub-strategic forces, Japan and the NAC have called for verifiable, transparent, and irreversible reductions in US and Russian sub-strategic forces in their respective papers. The EU in WP.26 called for inclusion of tactical nuclear weapons by states that possess them in the disarmament process.

Cooperation on missile defences.
Stepping back from measures called for in 2000 in light of subsequent events, Japan in WP.13 called for cooperation on missile defense programmes.

Reporting on nuclear arsenals and reductions. Following on calls made during the present review cycle, one of Japan’s benchmarks calls for regular reporting from the NWS on arsenals as a transparency measure. The EU expressed support for unspecified transparency and confidence-building measures in WP.26.

Entry in force of the CTBT.
For many delegations, entry into force of the CTBT remains a top disarmament and non-proliferation priority. Continued calls toward this end are reflected in the working papers of the NAC (WP.11), Japan (WP.13), the Vienna Group (WP.15), and the EU (WP.26). Pending this step, many have emphasized the need for moratoria on testing to be maintained. The NAC recognized the recent reaffirmation of these goals by the United States and China. The Vienna Group’s paper calls for the RevCon to support the Provisional Technical Secretariat and to ensure the international monitoring system is operation by the time the Treaty enters into force.

Negotiation of a verifiable FMCT. Many delegations to the PrepCom have recognized growing momentum for negotiation of a verifiable FMCT. Such a step is one of the benchmarks identified by Japan in WP.13 and an element recommended by the EU in WP.26.

Banning short and intermediate range missiles. Support continues to slowly spread for internationalizing the commitments contained in the INF Treaty, as proposed by the United States and Russia in 2007. Japan explicitly expressed support for the US/Russian initiative as part of its disarmament benchmarks in WP.13. The EU in WP.26 called for the start of consultations on a treaty banning short- and intermediate-range missiles and for adherence to the Hague Code of Conduct.

Implementation of past agreements. The NAC, in WP.11, emphasized the need to take concrete action to implement the outcomes of past NPT conferences, particularly those from 1995 and 2000. They recommended that the 2010 RevCon reaffirm past commitments.

Security Assurances and Nuclear Weapon Free Zones
Many governments continue to call for the nuclear weapon states to grant legally-binding assurances to the non-nuclear weapon states against the threat or use of nuclear weapons. A subset of these states believe the NPT is the appropriate place for such assurances, which could take the form of an additional protocol to the Treaty.

NPT Protocol. Iran, in WP.2 and WP.5, in line with the position expressed by the NAM, called for the RevCon to establish an ad hoc committee to negotiate a protocol to the Treaty granting security assurances to non-nuclear weapon states. Iran further repeated its past call for the RevCon to adopt a decision holding “that the threat or use of nuclear weapons against non-nuclear-weapon States shall be prohibited.”

Recognition of the Central Asian NWFZ. The five Central Asian states, in WP.12, recommended a number of paragraphs related to the PrepCom recognizing their efforts related to the negotiation and consultation process on the Semipalatinsk Treaty.

Non-Proliferation
Western governments continue to advocate for further strengthening of the non-proliferation regime through a variety of measures. Key proposals to this end have been made by the EU and the Vienna Group, which have submitted papers to the present PrepCom outlining many recommendations.

Verification of Article I. Iran, in WP.6, reiterated its view that the RevCon should address a mechanism to verify compliance with Article I of the Treaty.

Action on proliferation cases. The EU, in WP.26, called for the RevCon to take unspecified resolute action on proliferation crises, in particular in the cases of Iran and the DPRK. The Vienna Group, in WP.14, recommended that the RevCon urge all states to cooperate fully with the IAEA in the expeditious resolution of anomalies, inconsistencies, and questions identified by the Agency. The Vienna Group further recommended that the RevCon stress the need for the IAEA to receive early design information and the need for all states to provide such information on a timely basis.

Determining consequences of non-compliance. The EU, in WP.26, proposed that the RevCon should consider measures that could be taken as a result of safeguards violations or withdrawal from the Treaty, including suspension of technical cooperation and transfers.
Recognizing the Zangger Committee lists. The EU, in WP.26, proposed adopting Zangger Committee memoranda A and B as the minimal export controls for nuclear trade under the Treaty. Taking a slightly different approach, the Vienna Group, in WP.16, called for the RevCon to recognize the importance of the Committee and invite all states to adopt its Understandings in all nuclear cooperation. The Vienna Group also called for the RevCon to underline the legitimacy and desirability of export controls.

Universalization of the Additional Protocol. Many delegations have continued to call for, promote, or even require adherence to the IAEA Additional Protocol. Calls for universal adherence are reflected in the working papers of the EU and Japan. Similar to a proposal made by the EU at the 2008 PrepCom, the Vienna Group, in WP.14, recommended that the RevCon recognize the Additional Protocol as the verification standard under Article III.1 of the Treaty.

Additional Protocol as a condition of supply. The Vienna Group, in WP.16, called for the RevCon to take a decision to make adherence to the Additional Protocol a condition of supply for the transfer of source or special fissionable material or related processing equipment.

Nuclear terrorism and physical protection. Toward combating the risk of nuclear terrorism, the EU in WP.26 and the Vienna Group in WP.19 recommended that the RevCon call on all states to ratify the amended Convention on the Physical Protection of Nuclear Materials. Japan, in WP.13, expressed support for combating the threat of nuclear terrorism, including through a global summit, as proposed by US President Obama.

Measures to combat and prevent proliferation. Toward checking proliferation, the EU, in WP.26, suggested a variety of measures including: supporting national laws to criminalize acts of proliferation; combating proliferation financing; preventing transfer of knowledge; and developing proliferation-resistant technology.

Nuclear Energy
During the present review cycle, NPT parties have engaged in lengthy debate over recent proposals to control the nuclear fuel cycle. Toward this end, the IAEA may take action on the establishment of a fuel supply assurance mechanism later in 2009. Amid concerns from developing states regarding the erosion of rights, Iran and Syria have tabled recommendations seeking in effect to address sanctions against their nuclear programmes.

Considering of nuclear fuel supply assurances. In order to create alternatives to national development of national nuclear fuel cycle capabilities, the EU, in WP.26, recommended the consideration of nuclear fuel supply assurances.
Reviewing the implementation of Article IV. Iran, in WP.7, proposed the RevCon consider issues related to the implementation of Article IV, especially in regard to denial of IAEA technical assistance stemming from accusations of non-compliance and decisions adopted by the UN Security Council.

Cessation of technical and commercial restrictions. Syria, in WP.9, proposed that the RevCon recommend that the nuclear weapon states stop placing “restrictions and obstacles” to the benefit of peaceful uses of nuclear technology by the non-nuclear weapon states.

Environmental consequences of uranium mining. Noting there have been serious environmental consequences from uranium mining and nuclear fuel cycle activities, the five Central Asian states, in WP.29, recommended that the RevCon reiterate its 1995 and 2000 appeals for the consideration of assistance to be given toward radiological assessment and remediation in affect areas.

Implementing the 1995 Resolution on the Middle East
Implementation of the 1995 NPT resolution on the Middle East continues to be a major priority for many states. Following on its concrete measures put forward in 2008, Egypt, in WP.20, submitted a revised comprehensive proposal for steps to be adopted in 2010 toward implementation of the resolution. The Egyptian package generally contains more moderate iterations of similar proposals that have been tabled during the present review cycle. Further, it appears to be carefully drafted in a manner to attract widespread support as a whole. The Egyptian package continues to deal only with establishment of a nuclear weapon free zone, rather than WMD free zone. Elements contained in the Egyptian package, as well as those proposed by others, are detailed below.

Steps to implement the 1995 resolution. Several delegations have suggested or supported a general call for the RevCon to adopt practical steps to implement the 1995 resolution, as reflected in working from Iran in (WP.1), Syria in (WP.9), the NAC (WP.11), and Palestine (WP.21).

Intercessional Standing Committee. Repeating proposals submitted to previous PrepComs in the current review cycle, a number of states continued to urge the RevCon to establish some sort of standing NPT body—either a committee or a bureau—to follow up on implementation of the 1995 resolution intercessionally and report to the 2015 RevCon. Such calls were reflected in working papers from Iran (WP.1), Egypt (WP.20), and Palestine (WP.21).

Iran further specified that it saw the purpose of such a committee as “monitoring” implementation of the resolution. Egypt’s proposal provided for a committee to be composed of the chair and bureau of the RevCon, plus the sponsors of the 1995 resolution—Russia, the United Kingdom, and the United States.

Nuclear supply to Israel. Egypt, in WP.20, proposed that the RevCon decide that any supply arrangement to Israel, related to source or special fissionable material, require it to join the NPT as a non-nuclear weapon state and place its all its nuclear facilities under IAEA safeguards. In contrast, Iran, in WP.5, proposed that the RevCon should decide in effect to adopt a decision to prohibit NPT parties from engaging in any nuclear cooperation with non-party states, especially Israel.

International Conference. Egypt, in WP.20, elaborated on its proposal for the RevCon to endorse the convening of “an international conference to launch negotiations with participation of all States of the Middle East on an internationally and effectively verifiable treaty for the establishment of a nuclear-weapon-free zone in the Middle East.”

Measures to force Israel to accede. Iran, in WP.1, repeated its past calls for the RevCon to “make recommendations on measures to force [Israel] to accede to the [NPT] and place its unwarranted nuclear facilities under the full scope of IAEA safeguards.” Adopting a softer tone, Syria and Libya, in WP.9 and WP.10 respectively, requested the RevCon to put pressure on Israel, through unspecified measures, to toward these ends.

Institutional Reform
Canada provided further details on its campaign to achieve further reform of NPT institutions and the review process. As described in WP.8, Canada designed its proposals either to be budget neutral or to result in significant savings throughout the review process. The overall intent for the proposals is to create a shorter, but more focused and cost-effective review mechanism able to respond in a more timely manner to developments.

Annual General Conferences. Canada elaborated on its proposal for annual meetings, calling for the RevCon to replace the PrepComs with seven day annual meetings to be held in each of the four years leading up to the RevCon. The RevCon would be shortened to 10 days. The annual meetings would be empowered with decision-making authority. This change would result in 12 fewer meeting days per review cycle.

Standing Bureau. Canada reiterated its proposal for establishment of a standing bureau to convene starting in 2011, which would be comprised of the two immediate past and present chairs of the NPT meetings. The bureau would also be empowered, under the Canadian proposal, to convene extraordinary sessions of states parties.

NPT Support Unit. Canada proposed establishment of the position of a single NPT Support Officer, to be hosted by the Office of Disarmament Affairs, “whose sole responsibility it would be to support and facilitate Treaty meetings and intersessional work on a full-time basis.” Canada also suggested that, if additional resources could be found, additional officers could be hired to perform substantive, administrative, logistical, and representative support.

Notes
1. For a comprehensive survey of proposals submitted to the first two PrepCom sessions, see Michael Spies, “Toward 2010: Proposals, Positions, and Prospects,” Disarmament Diplomacy, No. 90, Spring 2009.

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