Reports on the UN Disarmament Commission
2008
7 - 25 April
Plenary Meeting Report
| Final Report
Plenary
Meeting Report
Ray Acheson, Reaching Critical Will
11 April 2008
Introduction
On 7 April, the United
Nations Disarmament Commission (UNDC) began the final
session of its three year cycle of deliberations on its two
current agenda items: recommendations for achieving the objective
of nuclear disarmament and non-proliferation of nuclear weapons;
and practical confidence-building measures in the field of
conventional weapons. Reaching Critical Will is monitoring
and reporting on the process and posting all governmental
statements
and papers
on the RCW website. The Commission can make recommendations,
but this opportunity should be seized to cooperate and compromise
at a time when multilateral disarmament negotiations (and
even deliberations) are at such an impasse. As the results
of the Commission are not legally-binding, this is the time
for delegations to demonstrate flexibility and sincerity,
attitudes which could carry forward to the upcoming nuclear
Non-Proliferation Treaty (NPT) Preparatory Committee and
the second part of the Conference
on Disarmament's 2008 session. As the Chair of the UNDC,
Ambassador Piet de Klerk of the Netherlands, said, no one
is exempt from the call to find common ground.
Plenary meetings were held for the first two days of the
UNDC's current session, at which a number of delegations delivered
general
statements conveying their governments' policies and their
views on the work of the UNDC. UN
Secretary-General Ban Ki-moon addressed the opening meeting,
renewing his call for delegations "to move forward in
a spirit of compromise and accommodation." He argued
that the "solemn duty" of pursuing disarmament and
non-proliferation
cannot be fulfilled through confrontation, condemnation
or the adoption of intractable policy positions.... There
is little doubt that we will not go far if each delegation
proceeds expecting to achieve—here and now—nothing
less than 100 per cent of their desired objectives. The
pursuit of maximalist goals by some will yield only minimal
results for all. Worse, we could see this institution itself
decline under a cloud of pessimism and despair. It is not
a defeat to move forward today on those issues where progress
is possible, and to pursue other goals tomorrow. There is
no shame or loss of pride in acting according to the laws
of reason.
Participation and representation during the plenary phase,
however, did not reflect the urgency and importance that was
stressed by the Secretary-General, the Chair of the Commission,
and many of the delegates who spoke—most of whom were
Permanent Representative of UN Missions. France, the United
Kingdom, and the United States did not deliver statements
to the plenary or have any representatives of their delegations
attend the meetings. During the final plenary meeting, on
the afternoon of 8 April, the conference room felt deserted.
Only about half of UN member states sent representatives.
Agenda Item I: Nuclear Disarmament
and Non-Proliferation
The majority of delegations who spoke focused on the first
agenda item in their statements. Most delegations expressed
support for the Comprehensive Test Ban Treaty (CTBT)—Iraq's
representative announced that Iraqi Parliament is now processing
its ratification of the CTBT—nuclear weapon free zones,
the negotiation of a fissile material treaty, and the complete,
verifiable, irreversible elimination of nuclear weapons. Most
representatives also emphasized the need for balance between
nuclear disarmament and non-proliferation efforts, arguing
that one cannot be pursued without the other with any hope
of success. Egypt's
Permanent Representative, Ambassador Maged Abdel Aziz, said
it is regrettable that "efforts aimed at granting priority
to non-proliferation without achieving parallel progress in
nuclear disarmament" are still ongoing, arguing, "the
efforts of the five nuclear-weapon-States in the multilateral
context remain extremely limited, especially when compared
to the commitments undertaken by those [non-nuclear weapon]
States in the [NPT]."
Non-Proliferation Treaty (NPT)
Many delegations reiterated their support for the 1995
and 2000 NPT outcomes, particularly the resolution on a nuclear
weapon free zone in the Middle East and the 13
practical steps toward nuclear disarmament. Egypt's
Ambassador Aziz argued that the "lack of resolve [toward
implementing the Middle East resolution] has become a threat
to the very principle of Treaty universality at the core."
He urged the UNDC to push toward the implementation of the
1995 and 2000 NPT Review Conference outcomes "as a plan
of action that enhances the credibility of the Treaty and
its review process."
Ambassador Aziz also argued that the possible amendment of
the Nuclear Suppliers Group (NSG) guidelines likewise threatens
"to do away with the principles and objectives of the
NPT," as the US-India
deal, which the NSG amendments might be made for, "categorically
contradicts the letter and spirit of the NPT and the 'Decision
on Principles and Objectives of Nuclear Non-Proliferation'
adopted as part of the NPT indefinite extension package."
He said, "Such a development will forever eliminate the
opportunity to destroy nuclear weapons developed outside the
NPT regime and the opportunity for non-NPT member States to
join it as non-nuclear-weapon-States in order to realize its
universality."
Most delegations underscored the vital importance of the
NPT's full implementation. Many urged those outside of the
NPT who possess nuclear weapons to join as non-nuclear weapon
states, and for nuclear weapon states to fulfill their obligations
under Article VI of the Treaty. The Permanent Representative
of Cuba
emphasized that nuclear weapon states "have the legal
obligation to, not only pursue, but also to bring to a conclusion
negotiations leading to nuclear disarmament in all its aspects
under strict and effective international control." Others
stressed the importance of respecting all three pillars of
the NPT—disarmament, non-proliferation, and peaceful
uses of nuclear energy.
Proposals and recommendations
Some delegations made concrete proposals or requests. Speaking
on behalf of the Non-Aligned
Movement, Dr. R.M. Marty M. Natalegawa of Indonesia called
for an international conference to establish a phased programme
for the complete abolition of nuclear weapons within a time-bound
framework, to eliminate all existing nuclear weapons and prohibit
their development, production, acquisition, testing, stockpiling,
transfer, use or threat of use, and to provide for their destruction.
Lamenting the "alarming rate" of increase of global
military expenditures, which "is in itself a factor that
raises distrust and legitimate international concern,"
Ambassador Rodrigo Malmierca Diaz of Cuba
reiterated his country's proposal to create a UN-managed fund,
"to which at least half of the current military spending
would be devoted, in order to address the economic and social
development of the countries in need." He argued that
this initiative, in addition to its "evident benefit,"
would "bear the added value of being a confidence-building
measure."
Dr. T. Hamid Al-Bayati, the Permanent Representative of Iraq,
called "upon the nuclear-weapon-states to refrain from
nuclear sharing for military purposes under any kind of security
arrangements in conformity with their obligations."
Ambassador Igor N. Shcherbak of the Russian
Federation called for "strict implementation of existing
international legal documents and development of new ones."
He expressed his government's concern about the "looming
prospect of expiration of the treaty limitations on strategic
offensive arms" between the United States and Russia
while the United States increases its efforts to deploy its
global anti-ballistic missile system. He said his government
"offered the idea of developing and concluding a new
full-fledged agreement on further and verifiable reduction
and limitation of strategic offensive arms" three years
ago. Ambassador Shcherbak also announced that during the upcoming
NPT Preparatory Committee, the US and Russia will hold "an
informal briefing highlighting accomplishments of either Party
in eliminating intermediate-range and shorter-range missiles,
as well as their positive impact on the European and global
security," and to set forth their approaches related
to the unofficial
paper distributed to the Conference on Disarmament on
12 February 2008, "Basic elements of an international
legally-binding arrangement on the elimination of intermediate-range
and shorter-range (ground-launched) missiles, open for broad
international accession." The briefing will be held at
the UN in Geneva on Tuesday, 29 April 2008, 1:15-2:45pm and
is open to all delegates, UN staff, and civil society representatives.
India's
Permanent Representative, Ambassador Nirupam Sen, called attention
to the working
paper his delegation submitted to the UNDC last year,
on "Recommendations for achieving the objective of nuclear
disarmament and non-proliferation of nuclear weapons,"
which outlines several steps towards achieving nuclear disarmament.
He repeated these points in his statement, as did India's
representative to the Conference on Disarmament, Ambassador
Rao, during his statement on 28
February 2008. Ambassador Sen also emphasized the importance
of the Rajiv
Gandhi Action Plan delivered to the UN General Assembly
in June 1988, which called for a binding commitment by all
nations to eliminate nuclear weapons in stages by 2010; for
all states to participate in the process of nuclear disarmament;
the importance of tangible progress at each stage in order
to demonstrate good faith and to build confidence; and for
governments to change doctrines, policies, and institutions
in order to sustain a world free of nuclear weapons and to
undertake negotiations for the establishment of a comprehensive
global security system under the aegis of the UN. Ambassador
Rao also highlighted the Action Plan during his statement
to the CD on 28 February.
Arguing that nuclear technology "is no clean and safe
energy source" due to security and environmental risks,
Austria's
Ambassador Alexander Marschik said that as long as some states
rely on nuclear energy to even partially cover their energy
needs, enrichment and reprocessing must be restricted exclusively
to facilities under multilateral control. He outlined Austria's
proposal for the International Atomic Energy Agency (IAEA)
to serve as a "virtual broker for all transactions in
the civilian nuclear fuel cycle." Under this plan, every
buyer would purchase their nuclear fuel through the IAEA,
gradually giving the IAEA control rights over the enrichment
and reprocessing facilities, transforming all such facilities
from national to "essentially multilateral operations
under the auspices of the IAEA." He argued this proposal
would not undermine developing countries' access to nuclear
energy or Article IV of the NPT, saying, "having a right
also gives the owner the possibility to decide to use it exclusively
together with other states or through an international organisation.
By entrusting the IAEA to control and monitor the facilities,
we are in fact, making joint use of our right and benefiting
from the peaceful use of nuclear technology together in a
fair and equal manner." He also argued that though this
proposal sounds ambitious, it has been done before on a regional
level, pointing to the European Union as an example, where
coal, steel, and nuclear industries have been put under the
control of multilateral institutions.
Ambassador Marschik also called for the establishment of
a multilateral missile control arrangement, perhaps using
the joint
statement made by Russia and the United States on 25
October 2007 during the UNGA
First Committee on multilateralizing the Intermediate-Range
Nuclear Forces Treaty as a basis for this. He also called
for the US and Russia to demonstrate leadership in fully complying
with the obligations of the Hague
Code of Conduct Against Ballistic Missile Proliferation.
"New consensus"
Pakistan's
Permanent Representative, Ambassador Munir Akram, called for
a special conference "to evolve a new consensus [on disarmament
and non-proliferation] that is concordant with new realities."
He explained this "new consensus" should: regenerate
commitments by all states to complete nuclear disarmament;
eliminate discrimination; normalize the relationship of the
three "ex-NPT nuclear weapon states" with the NPT;
help realize the objective of verifiable international disarmament;
address new issues like access to WMD by non-state actors
and vertical proliferation; help states agree on "universally
applicable non-discriminatory rules for ensuring fulfillment
of every state's right to peaceful uses of nuclear energy";
enshrine legally-binding negative security assurances to non-nuclear
weapon states; address the issue of missiles in its entirety
including development and deployment of anti-ballistic missile
systems; "strengthen existing international instruments
to prevent the militarization of outer space including development
of" anti-satellite systems; tackle "the disturbing
trend of escalation in armed forces and accumulation and sophistication
of conventional weapons"; "arrest the disturbing
trend of escalation in the number of sophistication of conventional
weapons which as a causal relationship with the continuing
reliance on nuclear weapons"; identify the means of implementing
the UN Programme of Action on small arms and light weapons;
and revitalize the UN disarmament machinery.
The following day, Ambassador Aziz of Egypt
said non-NPT states must be made to understand, "they
are the ones outside the 'international consensus,' and that
the so called 'new consensus' that is talked about by some
is both unacceptable and invalid." He argued, "the
'International Consensus' on which the NPT was built still
exists and did not and will not change." He insisted
that this issue, along with the "false illusion"
that those who developed their nuclear programmes outside
of the NPT can call themselves nuclear weapon states, must
be dealt with within the context of the NPT 2010 Review Conference,
"a context that allows no room for destructive ambitions
of power or twisted principles."
Iran's nuclear programme
On behalf of the European
Union, Ambassador Sanja Štiglic of Slovenia said,
"Iran's nuclear programme poses a major challenge to
the non-proliferation regime," asserting that Iran has
hidden "clandestine nuclear activities," is pursuing
uranium enrichment and heavy water related activities, is
developing a ballistic missile programme, and "has cooperated
with the IAEA only when pressed, and in piecemeal fashion."
Iran's representative issued a right of reply to this statement,
arguing that the statement did not acknowledge the information
the IAEA has given about the non-divergence of Iran's nuclear
material to weapon programmes or that Iran's cooperation with
the IAEA has been "far beyond its Treaty obligations."
Speaking generally about the issue of proliferation, Ambassador
Hu Xiaodi of China
called for dialogue and normalization of relations in order
to confront the "complex causes" of proliferation
of nuclear weapons. He said, "it is necessary to address
both the root causes and symptoms in a comprehensive manner,"
arguing, "Embargo and pressure can hardly offer a fundamental
solution to the proliferation concerns." Speaking specifically
about Iran, Ambassador Hu said diplomatic negotiation is the
best way to solve the issue, and called for all parties to
"intensify diplomatic efforts in reaching agreement on
possible ways to resume negotiations at an early date, with
a view to seeking a long-term, comprehensive and appropriate
solution to the Iranian nuclear issue."
Working Paper
A few delegations commented on the working
paper submitted by the Chair of Working Group I, "Draft
outcome on nuclear disarmament and non-proliferation of nuclear
weapons." The paper outlines some general principles
for achieving nuclear disarmament and non-proliferation and
lists recommendations toward this goal. The paper is an expanded
version of the Chair's final
working paper from the UNDC's 2007 session. Its recommendations
are general and appeal to the lowest common denominator. Ambassador
Khazaee of Iran
said the working paper "contains elements of a consensus
document. However, there is still room for refinement and
improvement in order to strike a proper balance." Australia's
Ambassador Robert Hill said the working paper is a constructive
contribution to the debate.
Agenda Item II: Practical confidence-building
measures in the field of conventional weapons
Most delegations acknowledged the importance and benefits
of confidence-building measures (CBMs) as a tool for increasing
transparency, building trust, and enhancing stability and
security. Nigeria's
representative said the ultimate objectives of CBMs are "to
strengthen international peace and security, to ameliorate
relations among states and promote socio-economic and cultural
well-being of peoples of the world and prevent wars."
Brazil's
Ambassador Piragibe Tarrago expounded on this, saying CBMs
aim to alter inaccurate perceptions and to avoid misunderstandings
about military actions and policies that might otherwise
provoke violent conflict. Over time they can pave the way
for more stable political and diplomatic relations, transform
the parties' ideas about their need for security, and even
encourage moves to identify shared security interests and
highlight the importance of effective disarmament initiatives.
Cautionary arguments
While agreeing that "CBMs do have the potential to create
an atmosphere conducive to arms control and disarmament,"
the representative for the Non-Aligned
Movement emphasized that CBMs "are neither a substitute
nor a pre-condition for disarmament measures." Cuba's
representative stressed that CBMs must not be imposed, arguing
that success depends "on the achievement of a true consensus
among the States." Iran's
Ambassador Khazaee likewise argued that CBMs "are merely
'voluntary measures'" and cannot "be converted to
legally binding obligations." Ambassador Sen of India
emphasized that CBMs "should take into account the specific
political, military and other conditions prevailing in [each]
region," arguing that a "prescriptive approach that
negates the sovereign right of States to choose CBMs best
suited to their interest should be avoided." China's
Ambassador Hu similarly argued, "We need to develop CBMs
in light of the concrete situation of different regions and
time, with an objective and pragmatic attitude, and in a step-by-step
and incremental manner."
Military spending
Many delegations, including the Non-Aligned
Movement, expressed their support for "unilateral,
bilateral, regional and multilateral measures adopted by some
governments aimed at reducing their military expenditures,
thereby contributing to the strengthening of regional and
international peace and security." The African
Group's representative noted that the reduction of military
expenditures is an important CBM. Ambassador Kim of the Republic
of Korea noted, "Sharing objective information on
military expenditures will greatly contribute to the sense
of security by all Member States." China's
representative reiterated his government's announcement made
during the 2007 UNGA First Committee that China has begun
to report to the UN
Instrument for Reporting Military Expenditures.
The Permanent Representative of Tanzania
said his country has consistently stressed the linkage between
disarmament and development in the context of military expenditures.
He argued that spending on military capabilities and armaments
"should be curbed by generating political will to implement
disarmament measures, credible confidence building measures
and disarmament proceeds and by cultivating a culture of peace
in present and succeeding generations."
Transparency in armaments
Several delegations spoke favourably about the UN
Register of Conventional Arms as "successful in enhancing
the level of transparency in military affairs" (Republic
of Korea) and "one of the important international
systems for promoting confidence-building among States"
(Japan).
Ambassador Shinyo of Japan,
however, cautioned that more than 15 years after the Register
was established, there are still grave dangers of "expansion
in armaments through distrust among States."
Small arms and light weapons
Many delegates spoke about the UN
Programme of Action on small arms and light weapons (SALW),
looking forward to the upcoming Biennial
Meeting of States to be held at UN Headquarters in New
York on 14–18 July 2008. Ambassador Shinyo of Japan
indicated that the voluntary form for SALW in the UN Register
of Conventional Arms, created in 2006, should "have a
synergistic effect in the future." Other delegates welcomed
the Group of Government Experts on Ammunition
and on the Arms
Trade Treaty. Ambassador Kim of the Republic
of Korea announced that it will host a UN workshop on
the implementation of the International Tracing Instrument
in Seoul on 27–28 May 2008 together with Norway and
the European Union. Austria's representative explained his
government supports "the strengthening of national legal
regimes and capacity building as well as practical disarmament
measures through financing three projects" in Africa.
Cluster munitions
A few delegations offered their support for the ongoing processes
to ban cluster
munitions. Austria's
representative urged all states to actively participate in
the upcoming conference in Dublin, which will seek to develop
a legally-binding instrument to prohibit cluster munitions
that cause unacceptable harm to civilians. He argued that
such a ban "will contribute substantially to save the
lives, limbs and livelihoods of many civilians." He also
announced that late in 2007, Austrian Parliament adopted a
national law that "prohibits the development, production,
supply, sale, procurement, import, export, transit, use and
possession of cluster munitions and provides for the destruction
of national stockpiles by January 2011." The law does
not contain exceptions for "smart cluster bombs"
or for weapons with a low number of sub-munitions. He argued,
"This is disarmament in concrete terms which we believe
is best suited to build confidence among states."
Working Paper
Representatives from both Cuba and Australia noted the existence
of a working paper by the Chair of Working Group II, which
Ambassador Diaz of Cuba described as "an excellent basis
for the success of our deliberations on this issue;"
however, this paper is not currently available through the
UN document system nor was it distributed during the plenary
meetings.
Work of the UNDC
All delegations who delivered statements to the plenary session
emphasized the importance of the work of the UNDC and the
need for flexibility and compromise. Many also insisted on
the separation of the two issues on the Commission's agenda,
arguing, as Brazil's
representative did, that the working groups "are distinct
in nature and scope. Advances in one cannot be made contingent
upon parallel progress in the other." The Rio
Group likewise argued that while progress in all areas
is desirable, delegations should not allow advances in one
area to be conditioned by equivalent advances in another.
He argued, "Taking into account the complexity of the
topics, the insistence in a parallel development in negotiations
would mean, in practice, preventing the Commission from reaching,
at least, partial results in its work."
Civil society participation
In his opening statement, the Chair of the Commission raised
the issue of participation by external experts or civil society
representatives. This idea was raised during the Commission's
2006 session, studied during 2007, and now the Chair intends
to engage in further consultations during the 2008 session.
He indicated that several questions would have to be settled,
such as would these representatives address the plenary meetings
or the working groups; would the Commission forgo its general
debate in favour of a structured thematic discussion with
experts; etc.
When this issue was raised in 2006, the United States, India,
and France objected to inviting NGO representatives and external
experts to participate in the Commission's discussions, while
Indonesia and Egypt supported it. The issue was not addressed
in statements to the plenary meetings this year—nor
did the United States or France address the plenary—so
it is unclear if these positions have changed at this time.
Currently, NGO representatives are not allowed to attend working
group meetings, just as they are not allowed to attend the
informal meetings of the Conference on Disarmament. Several
delegations, most
recently Syria, Norway, Algeria, and Australia at the
CD, have argued for broader civil society participation in
multilateral disarmament fora.
As noted in a recent CD
Report, the exclusion of civil society from the CD and
the UNDC is contrary to its welcomed participation in other
multilateral disarmament processes. Patrick McCarthy of the
Geneva
Forum gives the example
of NGO involvement in the recent Wellington
conference on cluster munitions, where NGO representatives
"intervened at will in the discussions and openly criticized
certain States for attempting to weaken the Wellington text."
They "provided valuable inputs to the debates based on
sound research, interpretation of evidence and testimony of
victims. In short, civil society was an integral, dynamic
and vital element of the Wellington conference that influenced
the outcome of the meeting." While McCarthy explored
some possible explanations for this "schizophrenic"
behaviour in a subsequent
post on Disarmament Insight, overall the question of civil
society involvement in the CD appears to be another anachronism
in the "'community of practice' to which disarmament
diplomats belong" that John Borrie, also writing on Disarmament
Insight, referred to in a post
about telephone booths.
In 2006, a representative of the Syrian Arab Republic argued
in the CD that "the states that objected to [NGO] participation
[in the CD] are the same states that daily call on us to step
up participation of NGOs in matters related to democracy,
human rights, peace and security. These states seem to wish
NGOs to be tools of their own policy." As Reaching Critical
Will argued then, if states are truly impartially supporting
or objecting to NGO access, their positions should be consistent
across issues, from human rights to disarmament.
Final Report
Ray Acheson, Reaching Critical Will
11 April 2008
The United
Nations Disarmament Commission (UNDC) failed to adopt
recommendations in either of its working groups: nuclear disarmament
and non-proliferation; and practical confidence-building measures
in conventional weapons. The UNDC has essentially been considering
these agenda items for the past 8 years - from 2000-2003,
the Commission's agenda was: ways and means to achieve nuclear
disarmament; and practical confidence-building measures in
conventional weapons. In 2004 and 2005, the UNDC was unable
to agree on an agenda and did not hold any substantive sessions.
The final plenary meeting of the 2008 session was cancelled,
but closing remarks were delivered at earlier session, where
most delegates lamented the UNDC's failure and the continued
stagnation of disarmament machinery. Some representatives
were critical of the Commission's working methods, arguing
that the lack of experts participating in the session impeded
the chances of its success. As noted in Reaching Critical
Will's first
report on this year's UNDC, several governments did not
send any representatives; the vast majority of those who did
participate did not send their disarmament experts from Geneva,
but relied on staff in NY. The United States sent two representatives
part way into the informal meetings, reportedly at the European
Union's request.
In the nuclear disarmament and non-proliferation working
group, the Middle East and negative security assurances reportedly
continued to be contentious issues. Participants discussed
the Chair's working
paper but were unable to reach agreement on its content.
In the confidence-building measures in conventional arms working
group, participants reportedly were able to reach consensus
on several points in the Chair's working
paper, though the group was unable to agree on recommendations.
In the final meeting, Russia's delegation noted that China,
Russia, and the United States were able to agree on language
related to outer space. In her closing remarks, Ambassador
Mona Juul of Norway noted that the working group was not able
to state its support for the Mine Ban Treaty (Ottawa Convention),
the Arms Trade Treaty, or the ongoing negotiations to ban
cluster munitions causing unacceptable harm to civilians.
Weak language on cluster munitions was reportedly agreed to
after much discussion.
In the final meeting, the Chair of the UNDC, Ambassador Piet
de Klerk of the Netherlands, again raised the issue of inviting
experts from specialized agencies, intergovernmental organizations,
research institutes, and think-tanks to participate in the
UNDC. He proposed that out of the existing four plenary meetings,
one meeting (Monday afternoon) be set aside for presentations
and panel discussions by invited experts. He suggested that
if this was not acceptable, the programme of work could be
amended to provide for an additional plenary meeting on Wednesday
morning of the first week. He also noted that experts would
only be invited for the first and second session of the Commission's
three year cycle.
Reportedly, many delegations objected to the proposal of
inviting outside experts to address the Commission. Some argued
that experts would not be able to help bridge the fundamental
differences between government positions and policies. However,
other delegations argued that experts could help illuminate
and articulate salient arguments and explain technical or
legal elements of items under discussion, thus enhancing government
participants' understanding of the issues, their contexts,
and their implications.
Next year, the UNDC will start a new three year cycle. It
will have to adopt a new agenda, providing a good opportunity
to modify the Commission's methods of work. The Chair has
reportedly requested suggestions to this end by the time of
the First Committee in October. In that time, delegations
should seriously consider ways to revitalize both the Commission
itself and their participation in it.
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