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Fueling the Syrian Conflict From All Sides

29 May

As the conflict in Syria rages on, ostensibly slipping further and further into an increasingly grievous civil war, the European Union decided on 28 May 2013 to lift an arms embargo thereby allowing for the option to provide arms to the Syrian rebels fighting against President Bashar Al-Assad and his government. The decision to lift the embargo was supported mainly by the UK and France. Catherine Ashton, EU High Representative for Foreign Affairs, remarked that the non-renewal of the arms embargo comes with certain conditions—weapons can only be sent to the so-called moderate Syrian National Coalition and the affiliated Free Syria Army and can only be used to “protect civilians.” While the embargo sets the stage for weapons transfers to the Syrian rebels, there is no immediate plan to begin authorizations of weapons as the earliest possible time for such transfers would be August 2013 (after a conference is to be held in Geneva next month to negotiate a peace agreement). Nevertheless, this policy change is indeed a worrisome development in the context of a bloody, prolonged, and seemingly intractable civil conflict in a region of unsettling politics and violence. Several countries have rightly argued that more weapons will inevitably mean more death and destruction no matter to which parties to the conflict they are intended.

Particularly in light of the recent adoption of an Arms Trade Treaty (ATT) in the UN General Assembly (set to be open for signature next week on 3 June 2013), the dangers of transferring conventional arms to governments (or, in this case, entities) with the potential to violate international humanitarian law, international human rights law, undermine peace and security, or be used to commit acts of gender-based violence or violence against children are highly relevant to the debate over supplying arms to “stabilize” a conflict versus “exacerbating” the violence. The original intent and impetus of an ATT—preventing the human suffering associated with the unregulated and illicit arms trade—are interestingly on display in the Syria case. The human suffering apparent in the Syrian context is indisputable. The UN estimates that nearly 80,000 individuals have died in addition to the dire refugee and displacement crises and the overall disruption of livelihoods. Such violence has been committed with imported (legally and illicitly) weapons of all kinds as arms flow into and within the region. Moreover, the dangers of “legitimate” arms falling into the hands of “non-legitimate” entities are even more severe in the context of Syria given the lack of information on the rebel groups and the instability of the region writ large. The determination of which groups are the “legitimate” representatives of the Syrian people is hardly clear.

Applying the ATT to the Syrian case is not straightforward, but an interesting case study nonetheless. Export assessment criteria represent the linchpin of the ATT operability insofar as these criteria must be examined prior to any arms authorization by the exporting states party. The agreed criteria in the ATT do provide an interesting backdrop to the discussion of whether or not such export authorizations are in line with international legal obligations. Of course, a major difference (and ultimately a major complication and what would seem a “loophole” in the Syria case) that must be noted is that the ATT covers inter-governmental transfers and does not explicitly elaborate on criteria related to transfers to non-state actors. A prohibition against transfers to non-state actors was a hotly debated issue during the ATT negotiations and, ultimately, was not included in the final text. Many of the loudest objectors to the text, including many Arab states and the three states that formally objected to the text at the conclusion of the March 2013 negotiations (the DPRK, Iran, and Syria), noted the absence of this prohibition as a major oversight in the drafting. They noted that although the majority of states called for this prohibition, it was purposefully left out. Therefore, the ATT, even if it had already entered into force and the relevant parties were state parties, would not apply in this case. If instruments such as the ATT are to have a real impact, then treaty criteria must be incorporated into all export decisions and not just those which are explicitly referenced. Otherwise, a policy of criteria avoidance could be easily adopted and implemented.

In the same week that the EU lifted the embargo, the Russian government announced that it would move ahead with the transfer of anti-aircraft missiles to the sitting Syrian government as a “stabilizing factor” that would “deter” foreign intervention into the conflict. It is clear that arming either side—the Assad regime or the rebel groups—is doing little to bring the violence to an end or address the dire humanitarian crisis. The Syrian conflict has ultimately moved from a rebellion to a civil war to a regional war by proxy with external forces such as Iran and Russia eager to counterbalance moves by the EU and the US.

The insertion of more weaponry on either side has little hope for changing the political or practical dynamics of the conflict and, thus, instigating hopes for bringing forth a negotiated peace. As Navi Pillay, the UN High Commissioner for Human Rights, noted to the Human Rights Council in Geneva recently, “The message from all of us should be the same: we will not support this conflict with arms, ammunition, politics or religion.”

 

–Katherine Prizeman

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Body Building: Supporting Treaty Bodies at Headquarters

24 May

This past Wednesday afternoon at UN headquarters, there was (for me at least) a truly remarkable sight — the chairs of the human rights treaty bodies seated on the dais preparing to hold consultations with the 20 or so non-governmental organizations (NGOs) that gathered to consult with them.

Though GAPW (in consultation with other human rights groups especially the International Federation of Action by Christians for the Abolition of Torture) only covers three of the treaty bodies (Human Rights Committee, Committee against Torture, and the Committee on the Elimination of Discrimination against Women) we have long believed that the full complement of treaty bodies represent the lifeblood of the UN system.  Despite severe resource challenges, the indifference of some diplomatic missions, and the hesitancy of some states to fulfill their human rights obligations, Committee sessions represent some of the few venues in the UN system where independent experts can directly and actively examine state conduct on key aspects and constituencies related to the UN human rights agenda – women, torture, children, refugees and much more.

This session followed one earlier in the day chaired by Ambassador Gunnarsdottir of Iceland and Ambassador Percaya of Indonesia who have consulted on and off with civil society groups and other stakeholders, mostly in New York and Geneva, regarding the most effective ways for the UN to select Committee members and for the Committees themselves to discharge their diverse responsibilities. Their responses to NGO comments, many of which are included in their “Way Forward” documents, were not always hopeful, citing the need to balance “budget savings and capacity reforms.”  These documents, largely intended for states, contain insights partially noted in a report issued in April 2013 and are available here.

Some of those commenting NGOs, including Amnesty International and Centro de Estudios Legales y Sociales, have provided important guidance to Committee members on a variety of matters related to working methods, including strategies for maintaining the independence of members not only from state pressure but pressure from Secretariat offices and NGOs as well. While there is a general expectation, especially from the civil society side, that human rights are indivisible and must be upheld without reservation, many NGOs recognize that Committee members must be given significant leverage in the discharging of their responsibilities, including how they interpret state reports, the line of inquiry they pursue in formal Committee meetings, the ways in which they engage and incorporate testimony from local and international civil society groups, and how follow-up recommendations are crafted and pursued.

Such leverage is essential for several reasons, including preservation of the integrity of the investigative and interrogation processes, but also because Committee members along with diplomats and others involved with the promotion and protection of human rights must make judgment calls about how hard and far they can push states given limitations of time, available resources, and the will of states to honestly pursue improvements in human rights practices.  As anyone who has participated in Fifth Committee discussions knows well, there are many parts of the UN system clamoring for additional allocations from the regular UN budget.   Not all requests are granted and even fewer are granted in full.  And NGOs like ours are not always as sensitive as we might be to the political and fiscal tradeoffs that shadow the work of all aspects of the UN system, including the Committees.  While keeping a proper eye on the goal of universal adherence to human rights principles, we can do more to understand, appreciate and weigh in on the best ways to navigate these trade-offs, some of which require that we know more about related processes and issues than we generally care to know.

There is at least one other thing that we can do more of to help promote the Committees and communicate (though not always support) the difficult trade-offs that in part define their roles. In our view, the limitations noted above point to another, potentially fruitful dimension of NGO engagement, one that is complementary to discussions about integrated calendars, the frequency of reporting, the way in which Committee members are selected, and the best means of engaging civil society testimony.

As a number of readers of this blog recognize, GAPW engages a broad organizational mission that stresses the inter-relationships between security issues and seeks common engagement on core UN concerns – including human rights – by diverse stakeholders.    Our work highlights the gender implications of atrocity crime prevention, the security dimensions of development policy, the impact of illicit weapons on internally displaced persons, and other ‘cross-over’ concerns.

We, of course, are not alone in seeking complementary engagements.  It is important to many of our other partners that our discussions with diplomatic missions and other policymakers span a wide range of concerns – from UN media policy reform to reparations for victims of state-sponsored sexual abuse.  Diplomats, especially in the smaller missions, have to juggle what seems to be an endless stream of policies and the resolutions and treaties that seek to rationalize and bind our responses to them.   Diplomats need help juggling at times and can often receive that help from NGOs that are sufficiently attentive to their contexts and frames of policy reference.

One of those frames must have more to do with the treaty bodies, an indispensable UN contribution to which many diplomats pay less attention to than they probably should.   It is critical, while NGOs work to impact the diverse policy agendas of the missions, that Permanent Representatives and others are encouraged to receive regular updates on the issues, needs and challenges of Committee members – not only their expectations of state conduct but what is needed to ensure a robust engagement on the rights which the Committees do so much to uphold.

Those of us who regularly weigh in with missions on issues such as the arms trade, the Responsibility to Protect norm , nuclear disarmament and the dual obligations to promote women’s full participation and end impunity for gender violence can do more in those (and other) contexts to promote the essential work and testimony of the treaty bodies. We can, from our diverse organizational vantage points, insist that states engage more robustly with this vital and fundamental obligation to the entire community of states, an obligation that is essential to the integrity of the UN system and to the maintenance of trust worldwide.

The UN’s work in so many diverse fields intersects with both the policy and promise of the treaty bodies.   We all have a responsibility to build their capacity and enhance their reputation.  We urge Committee members to reflect more with us on their successes and frustrations and to also share more about their capacity needs in enhancing state practices with respect to their human rights obligations.   For our part, we need to recognize more fully the treaty bodies as a significant focus of organizational outreach and intent, even  if the term ‘human rights’ does not appear on our letterhead or in our organizational mission statement.

 

–Dr. Robert Zuber

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Open-ended Working Group on Nuclear Disarmament Convenes in Geneva

20 May

The Open-ended Working Group (OEWG) to “Develop proposals to take forward multilateral nuclear disarmament negotiations for the achievement and maintenance of a world without nuclear weapons” began its first session in Geneva last week. Thus far, member states, members of civil society, and representatives of international organizations have engaged in discussions in the context of thematic panels such as “Multilateral treaty-based obligations and commitments”; “Nuclear weapon free areas”; “Other initiatives and proposals”; and “Lessons learned: Transparency, confidence-building measures and verification”. While the general tone seems to be positive inasmuch as this OEWG represents a welcome opportunity to address the substantive issues around nuclear disarmament, particularly in light of the prolonged stalemate effective across the UN disarmament machinery. Nevertheless, there remains hesitation from some member states regarding diverting attention from the Conference on Disarmament (CD), abandoning the so-called “step by step” approach, and taking any measures that might alienate the nuclear weapon states (NWS).

OEWG presentations from the UN Institute for Disarmament Research (UNIDIR), academics such as Ward Wilson, and civil society representatives including those from Reaching Critical Will (RCW) and the International Campaign to Abolish Nuclear Weapons (ICAN) have enriched the conversation through concrete and substantive proposals and reflections on the current state of nuclear disarmament. Generally, members of civil society reiterated that maintenance of the status quo is simply unsustainable and unacceptable. Ward Wilson, author of Rethinking Nuclear Weapons, offered remarks on the “mistakes” made in understanding the utility, use, and overarching properties of nuclear weapons. In particular, Wilson underscored the myth of “deterrence” as well as the notion that nuclear weapons are anything but clumsy, immoral and dangerous. Likewise, Beatrice Fihn of RCW, a member of ICAN, reminded delegations that while the nuclear Non-Proliferation Treaty (NPT) is a “landmark” agreement representing the only binding, multilateral commitment to nuclear disarmament by the NWS, this commitment lacks a timeframe or any other concrete requirement beyond the obligation to simply “pursue negotiations.”

Issues stemming from a “Ban Treaty,” as opposed to a comprehensive treaty complete with disarmament obligations and a verification regime, were also addressed. Thomas Nash of Article 36, also a member of ICAN, outlined in more detail what a proposed “Ban Treaty” would require. Nash stated that such a treaty is envisioned by its proponents as “a step in a process—the ban would be an additional tool towards a nuclear weapons free world” noting that elimination usually follows prohibition. Furthermore, Nash identified three “framings” for a ban on nuclear weapons—fulfilling existing disarmament obligations, particularly those codified in Article VI of the NPT, building on nuclear weapon free zones, and banning all forms of weapons of mass destruction (WMDs). Additionally, much attention has been rightfully paid by civil society to the humanitarian consequences of nuclear weapons and the refocusing of the disarmament debate on this humanitarian initiative that has been reinforced through joint statements at the NPT Preparatory Committee (Prep Com) in May and the UNGA First Committee last October.

While the substance of the panelists is important in its own right, the general exchange of views among member states revealed continued reluctance to fully embrace comprehensive proposals for moving forward on nuclear disarmament. Moreover, many delegations are still loath to engage in a process perceived as “alternative” to the CD. Ambassador Mehta of India, representing a nuclear weapon state outside of the NPT regime, was clear in her general statement that nuclear disarmament can only be achieved “by a step-by-step process underwritten by a universal commitment and an agreed multilateral framework that is global and non-discriminatory,” as well as reached by consensus. Likewise, Ambassador Hoffman of Germany supported the notion that “a big bang creating a world without nuclear weapons is highly unlikely” and, therefore, “building blocs” were needed to make practical progress towards this larger objective. Ambassador Hoffman went so far as to say that it is “simply not true” that the “step by step” approach has not yielded results and that the NPT, the Comprehensive Test Ban Treaty (CTBT), the IAEA safeguards and Additional Protocol are examples of successful results. The delegation of Sweden agreed that the “most viable” way forward was a continuous process of adding agreements and commitments to existing ones to build a “stronger international regime.” Such a regime, the Swedish delegation argued, would require the nuclear possessor states’ participation. This is a position in stark contrast to that of ICAN and other civil society advocates who believe that a treaty negotiated by non-nuclear weapons states (NNWS) would be a ‘game changer’ regarding the legal framework governing nuclear weapons and, thus, have an impact beyond those states that would be most likely to formally adopt it in the first instance (impacting the nuclear possessor states—the NPT NWS as well as the DPRK, India, Israel, and Pakistan).

In contrast to those delegations that continue to cling to the perceived indispensability of a “step by step” approach, the delegation of Ireland strongly (and in our view rightly) spoke out against this approach in its general statement debunking the myth that the “step by step” approach is the only logical way forward. The delegation questioned the narrative of ‘sequencialism’ proposed by other states noting that such “steps” are neither identified nor clearly explained. The Irish delegation also called for an appraisal of conceptual terms during the OEWG, as well as a robust review of the practical implications of such proposals and concepts. Ultimately, unwavering commitment to a sequential approach has not, as the delegation of Germany insisted in its statement, yielded results at the level necessary for achieving genuine nuclear disarmament. More specifically, in terms of the “successes” identified by Ambassador Hoffman, there is much to be desired. The NPT’s credibility has been increasingly questioned due in large part to the failure to convene a conference on the establishment of a WMD-free zone in the Middle East as well as the lack of tangible progress with regards to Article VI obligations. The levels of frustration around the inability to fulfill the items laid out in the 2010 NPT Action Plan, most especially the 22 items that related to disarmament, are only growing (as evidenced by the decision of the Egyptian delegation to withdraw from the recent NPT Prep Com session). Furthermore, while negotiation of the CTBT is welcome, its seemingly permanent status in “entry-into-force limbo” is hardly impressive and the IAEA safeguards and Additional Protocol have a distinct non-proliferation bias.

Precisely what the OEWG will yield, beyond the resolution-mandated report that it must submit to both the upcoming session of the First Committee in the fall and to the CD, is unclear. Nevertheless, the Irish delegation was correct in stating that reiterating proposals and concepts is not enough. Rather an emphasis on “taking forward” negotiations and assessing the practical implications of approaches are vital to the success of the OEWG. If the obligation to develop proposals to “take forward” multilateral disarmament negotiations is not vigorously pursued throughout these OEWG sessions, it will be difficult to label them a success, as opposed to a lost opportunity.

 

–Katherine Prizeman

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Conversation Starter: Civil Society Consultations

14 May

On the morning of the 14 of May at UN headquarters in New York, four panelists reflected on an important regional consultation that took place recently in Guadalajara, Mexico with the support of the Mexican government.  The Guadalajara meeting was part of a larger process designed, in part, to assess and integrate regional civil society concerns in laying out follow-up processes for the post-2015 Millennium Development Goals (MDGs) framework and the Rio plus 20 Conference on Sustainable Development held in June 2012.

The speakers highlighted the value of more regional engagement as a post-2015 agenda begins to take shape.   Also noted was the need for clear feedback loops that can help civil society track their impact on documents prepared by States and the UN Secretariat to help guide movement on development going forward.

In listening to the speakers, I was both grateful for this attention by UN stakeholders to the needs and wishes of civil society groups and also dismayed by what seems to be the unwillingness of speakers to publicly identify some of the enormous challenges associated with conducting a genuinely consultative process at this moment in our collective history.  There are now so many civil society groups, so little civil society consensus, and some particularly ‘muscular’ non-governmental organizations (especially in New York) that brand their work in ways that deflect as much civil society involvement as they invite.   We in New York are too often prone to gate-keeping more than assessing and promoting a wide range of voices from diverse social, geographic and economic circumstances to help address shifting circumstances. Gate keeping, perhaps more than any other NGO activity, is anathema to the kinds of consultations which the panelists envisioned.

It is probably valid to say, as one or more of the speakers mentioned, that the initial MDG process in 2000 lacked a clear consultative element.  It is also true that we were in a different period then with respect to civil society involvement.   For one thing, there are so many more of us than there used to be, a great blessing to be sure, but one which makes fair and transparent consultation difficult to implement.  What is the dividing line for involvement–   a history with the issue, connections to groups in New York, or perhaps a defined skills set related to some sustainable development priority?

There are certainly no firm criteria for participation in consultations and certainly no consensus by civil society groups regarding how development-related issues should be articulated and supported, both politically and financially.   It is wishful thinking to think that it is otherwise, and it is disappointing to hear people talk as though the key to a good consultative process is merely wanting it to be so.

Moreover, there is an issue about how civil society interventions in consultative processes should be assessed.  Is it solely about the number of times when language favorable to our own organizational mandates appears in resolutions of the General Assembly or its constitutive bodies?   Given the uneasy relationship between resolutions and practical engagements on the ground, is resolution language alone the bar that we need to be reaching for?  Are there deeper levels of engagement to which we should be pointing, engagement that continues to reach out beyond the most widely known ‘players’ to the many new leaders and organizational assets anxiously awaiting their turn?

This is not a critique of the specific panel hosted by Mexico, but rather a reflection on the degrees of difficulty that we face when we try to organize a field (civil society) that is expanding more quickly and in more diverse directions than we can map its movements.   There are many challenges and limitations in our sector that we must address, such as when we settle for new resolution language when so many in the world are clamoring for just and robust implementation of existing resolutions; or when we endorse existing ‘seating’ arrangements at a time when there are so many more chairs that need to be set up at the policy table.

It is possible to be thankful to the Mexican government and speakers that there is more consultation moving forward on development priorities, and still lament all of the ways in which civil society participation is still very much a work in progress.   While there is an abundance of responsibility to share among different stakeholders, including governments and the UN itself, much of this development-related work is the responsibility of civil society groups themselves. We need development in our sector that can complement and enrich prospects for development on the ground.

–Dr. Robert Zuber

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Taking Forward Multilateral Disarmament Negotiations

13 May

The forthcoming Open-ended Working Group (OEWG), which will convene in Geneva for fifteen working days this year, has its first session from 14-24 May (with follow-up sessions 27-28 June and 19-30 August). The OEWG is a result of resolution A/C.1/67/L.31 tabled at the 2012 session of the First Committee by Austria, Mexico, and Norway entitled “Revitalizing the work of the Conference on Disarmament and taking forward multilateral disarmament negotiations.” This initiative was one of the more concrete results from the sixty-eighth session of the First Committee as it offered a tangible method of seeking to break the impasse currently paralyzing much of the UN disarmament machinery, including and most importantly, the so-called single, multilateral negotiating body for disarmament—the Conference on Disarmament (CD). The resolution called for the established of an OEWG (open to the participation of all member states as opposed to the limited membership of the CD) to “develop proposals to take forward multilateral nuclear disarmament negotiations for the achievement and maintenance of a world without nuclear weapons” as well as for the submission of a report to the next session of the General Assembly reflecting the discussions held and proposals made whereby a record of the work of the OEWG would be available to impact future discourse. The OEWG will be chaired by Costa Rican Ambassador Manuel Dengo.

While the mandate of the OEWG has never been entirely clear, it is assumed that the group will take up substantive issues rather than procedural ones. Ambassador Dengo wrote in his letter to member states which included a draft program of work for 14-24 May session, “The main purpose of the May session will be to promote better knowledge and understanding of the different aspects of nuclear disarmament and the challenges faced by multilateral nuclear disarmament.” As noted in Ambassador Dengo’s memo, the OEWG will operate in an interactive manner consisting of thematic panels with a more general exchange of views held at the conclusion of each panel. The centrality of interaction among member states, experts, civil society representatives, international organizations, and other relevant stakeholders is a most welcome aspect of the process. Discussions on disarmament, even when they are labeled “debates,” rarely feature such interactivity. Themes to be covered by the OEWG include: multilateral treaty-based obligations and commitments; nuclear weapon free zones (NWFZs); transparency, confidence-building measures and verification; the necessary framework to achieve and maintain a world without nuclear weapons; and the roles and responsibilities of nuclear weapon possessing states and non-nuclear weapon states.

While this thematic discussion is important, it would seem counterintuitive to discuss substantive proposals for taking forward nuclear disarmament negotiations without specifically addressing the procedural questions around the stalemate that continues to plague the CD (the de-facto reason why the OEWG has been established in the first place). Separation of the substantive from the procedural will not provide the necessary comprehensive approach to breaking the negotiating paralysis in the field of disarmament.

The current position of the nuclear non-Proliferation (NPT) nuclear weapon states (NWS), also known as the permanent 5 (P5), is that they will not participate in the OEWG, which is an unfortunate development. The P5 has generally opposed all initiatives and proposals that are perceived as “alternative” processes labeling them “distractions” from the measured, “step-by-step” approach they see as necessary to achieve nuclear disarmament. France, Russia, the UK, and the US all voted against the October 2012 resolution with China abstaining. During explanations of vote (EOV), the delegations of France, the UK, and the US offered a joint statement noting that the proposed OEWG seeks to “circumvent” established mechanisms such as the CD and the UN Disarmament Commission and does not clearly fit into the NPT framework and corresponding 2010 Action Plan. The same type of reasoning was offered with regards to the recent humanitarian impact of nuclear weapons conference held in Oslo in March 2012 that the P5 states jointly decided to boycott.

This reasoning is weak at best and hypocritical and contradictory at worst. The P5 themselves have started a so-called “alternative” and parallel process in the form of the Nuclear Security Summits (NSS) that began in Washington, DC in 2010, which was followed-up with another NSS in Seoul in 2012. Moreover, the argument that the work of the OEWG does not “fit into the NPT framework” is disingenuous. As is noted often and with an increasing sense of urgency and frustration by non-nuclear weapon states (NNWS) at NPT meetings, Article VI obligates the NWS to pursue good faith negotiations for the unequivocal and complete elimination of their nuclear arsenals. Establishing a body, not to mention one without a negotiating mandate, to discuss a range of themes related to Article VI obligations clearly fits within a larger framework of engagement and in no way threatens the (seemingly faltering) NPT regime.

The more pressing threat to the NPT regime is burgeoning frustration (embodied in the decision of the Egyptian delegation to withdraw from the 2013 NPT Preparatory Committee (PrepCom) session) over the failure to convene a conference on the establishment of a NWFZ in the Middle East pursuant to the 1995 resolution on the Middle East and the 2010 NPT Action Plan. The Egyptian delegation ominously stated in its final remarks to the 2013 NPT PrepCom before withdrawing, “We cannot continue to attend meetings and agree on outcomes that do not get implemented, yet to be expected to abide by the concessions we gave for this outcome,” referring to the indefinite extension of the NPT in exchange for the promise of the establishment of a NWFZ in the Middle East. It would seem that this growing fissure in the NPT framework, the so-called “cornerstone” of the nuclear non-proliferation and disarmament regime, is of much greater concern than the establishment of an OEWG, which is essentially an opportunity to discuss and brainstorm proposals without obligating any state to commit to binding agreements over already existing agreements (even those whose validity is now being seriously questioned).

The threats to the NPT regime, the increasing isolation of the P5 during the Oslo humanitarian consequences conference, the recent NPT PrepCom, and the forthcoming OEWG session, have all further opened up conversation among NNWS and civil society over the role these states should play in “taking forward” multilateral negotiations. The International Campaign to Abolish Nuclear Weapons (ICAN) and others in civil society have advocated for NNWS to take the lead in establishing the necessary framework to obtain a world without nuclear weapons rather than continuously wait for the P5 to meet their Article VI obligations. ICAN has advocated for a “Ban Treaty” building on momentum spearheaded by the NNWS through the humanitarian consequences initiative that would hopefully change the global, political, and legal landscape surrounding the continued existence of nuclear weapons by negotiating and concluding a ban on the use, possession, stockpiling, trade, and manufacture of such weapons. Such a ban could be a simple treaty composed of general obligations with room for additional protocols to which the NWS could eventually sign, but would not necessarily have to negotiate. This course of action has been perceived as an approach different from a Nuclear Weapons Convention (NWC), which envisages framing obligations not only to prohibit the development, testing, production, stockpiling transfer, use, and threat of use of nuclear weapons, but also to ensure their elimination through disarmament obligations and a verification regime (such as the obligations and verification mechanism in the Chemical Weapons Convention). A NWC, therefore, would necessitate the participation of the nuclear weapon possessors.

Whether there is a question of sequencing or whether a “Ban Treaty” could serve as a precursor to a NWC is not necessarily of the question of highest importance, but rather it is how to achieve nuclear abolition as comprehensively and quickly as possible. Perhaps a ban negotiated by the NNWS would inspire the P5 to negotiate an agreement among themselves to eliminate their arsenals in a reasonable period of time. Nevertheless, the call to NNWS to take a more prominent and active role in pursuing the goal of nuclear disarmament is essential to future progress towards this objective. Maintenance of the status quo is simply no longer an option given the stalemate across the UN disarmament machinery and the obstinacy on the part of the P5 with regards to any new proposals or initiatives seeking to address disarmament. Clearly they fear losing “veto power” derived from the consensus rule and the inherent imbalance in the NPT that ultimately privileges the NWS and their “step by step” process.

As the OEWG begins it work, there is some hope that the proposals gleaned from the discussions will provide the necessary injection of momentum to take forward disarmament negotiations that will genuinely make progress in nuclear disarmament, although it would seem that this will have to be done without the nuclear possessor states, which include the P5 as well as the DPRK, India, Israel, and Pakistan (those outside of the NPT regime). “Nobody should assume that any regime structured on a have/have-not principle can be sustained forever,” argued Angela Kane, UN High Representative for Disarmament Affairs, at the Annual NATO Conference on WMD Arms Control, Disarmament, and Non-Proliferation on 6 May 2013. It is time for an honest appraisal of strategies through the OEWG for nuclear disarmament that do not perpetuate a regime that maintains the status quo.

 

–Katherine Prizeman

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Highlighting a Human Security Approach

9 May

Co-sponsored by the Human Security Network (Austria, Canada, Chile, Costa Rica, Greece, Ireland, Jordan, Mali, Norway, Slovenia, Switzerland and Thailand, with South Africa participating as an observer) and the Human Security Unit (HSU) of the UN Office for the Coordination of Humanitarian Affairs (UNOCHA), a high-level event was held yesterday at UN headquarters both underscoring the importance of a human security approach to multi-faceted challenges and celebrating the recent adoption of General Assembly resolution 66/290. This resolution adopted last September marks the first time the General Assembly (GA) was able to agree on a common understanding of the concept. The high-level event featured remarks from the Secretary-General as well as his Special Adviser on Human Security, Mr. Yukio Takasu, who was appointed in 2011.

Global Action is deeply invested in supporting a cross-cutting, broad-based approach to a robust human security agenda. As noted by Secretary-General Ban Ki-moon in his remarks to the event, it is imperative to identify comprehensive solutions to an inter-linked program of human security as it is impossible to end poverty without empowering women and girls, to ensure respect for human rights without addressing climate change, or to tackle security sector reform without guaranteeing equitable prosperity in communities. Global Action fully embraces this comprehensive approach and welcomes the inclusion of human security as a central factor, particularly with a view towards developing a robust post-2015 development agenda, which can help address a plethora of interlinked security challenges. The GA resolution provides a solid, basic framework for moving the concept forward and mainstreaming its characteristics across the range of UN activities to better address shifting peace and security concerns.

The human security concept provides a useful entry point for dealing with prevailing security issues. First introduced in 1994 through the UN Development Programme (UNDP) in the “UN Development Report: New Dimensions of Human Security,” the term has evolved over the last decade. The 1994 UNDP report highlighted four characteristics of human security—universal, people-centered, interdependent, and early prevention – as well as seven interconnected elements, namely economic, health, environmental, personal, community, and political. Subsequently, in 2001, an independent Commission on Human Security was established to elaborate on the understanding of the term and to develop it further as an operational concept. In 2004, the HSU was established under the auspices of UNOCHA to mainstream the human security concept in UN activities, which also manages the UN Trust for Human Security (UNTFHS) that finances activities carried by the UN and/or UN-mandated organizations to translate the human security approach into practical actions.

The importance of the consensus adoption of UNGA resolution 66/290, “Follow-up to paragraph 143 on human security of the 2005 World Summit Outcome,” rests in its inclusion of a common understanding of the notion of human security. The resolution also welcomes the “Secretary-General’s Report on Human Security” (A/66/273) from 2012 upon which a GA plenary meeting was held in June 2012 and around which consultations were held. The resolution outlines the following characteristics of human security—(a) freedom to live in dignity and free from poverty and despair; (b) a people-centered, contextual, comprehensive, and prevention-focused approach; (c) recognition of the inter-linkages between peace, development, and human rights; (d) clear distancing from the responsibility to protect norm and its implementation; (e) non-inclusion  of the use or threat of use of force and ; (f) national ownership and governmental responsibility. The resolution also calls on the Secretary-General to submit a report to the sixty-eighth session of the GA on the implementation of the resolution seeking first the views of member states.

A strong commitment to mainstreaming human security and a common understanding of the concept, while allowing some flexibility in its implementation, are welcome developments that will serve the international community well in addressing diverse, root causes of insecurity. The translation of a somewhat abstract concept, human security, into concrete action is also an important exercise that is often not seen in many others aspects of UN work. The UNTFHS has carried out over 200 activities in 80 countries increasingly applying this concept in field operations across all global regions under the primary ownership of local individuals. This conversion of the abstract into the concrete is a challenge for many working simultaneously on security and development issues.

Ultimately, a robust human security agenda cannot be pursued in silos, but rather must take into account cross-cutting contributors to insecurity. As the international community continues to embrace a more well-defined human security concept, the world will be better equipped to humanize the concept of security and help it evolve into one that is much more reflective of today’s transnational challenges.

 

–Katherine Prizeman

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2013 NPT PrepCom Opens in Geneva

26 Apr

The second session of the Preparatory Committee (PrepCom) for the 2015 nuclear Non-Proliferation Treaty (NPT) Review Conference (RevCon) opened in Geneva this past week under the leadership of Chairman Ambassador Cornel Feruta of Romania. This PrepCom represents the approximate mid-way point between the conclusion of the 2010 Review Conference, at which the 64-point NPT Action Plan was adopted, and the next RevCon by which time the 2010 Action Plan is to be fully implemented. There is increasing anxiety with each passing year as states parties hope to build on the consensus 2010 outcome document and take concrete steps towards the full realization of the ‘grand bargain’ of the NPT, commitment from non-nuclear weapon states to not pursue nuclear weapons and the pledge by of the 5 nuclear weapon states to pursue nuclear disarmament.

The most salient issues regarding the NPT regime came to light during the general debate including the lack of progress in implementing the disarmament-related obligations in the Action Plan as well as the failure to convene a conference for the establishment of a weapons of mass destruction free zone (WMDFZ) in the Middle East during the 2012 calendar year as was mandated in the 1995 resolution on the Middle East. The 1995 Middle East resolution was an essential and integral part of the package of decisions affirmed without a vote that led to the indefinite extension of the NPT. Other issues more tangential to the Action Plan were also raised such as the recent provocations of the Democratic People’s Republic of Korea (DPRK), the recently held March 2013 conference in Oslo on the humanitarian impact of nuclear weapons, and the alleged use of chemical weapons in Syria.

The P5 and disarmament obligations

As expected, much of the discussion of the first week focused on the obligations and special responsibilities of the NPT nuclear weapons states (NWS), also known as the ‘P5’, and the progress these states have thus far made (or not made) in anticipation of the 2014 PrepCom and 2015 RevCon during which they will have to report specifically on their disarmament-related progress. Criticism of the NWS and their lack of attention on the disarmament pillar of the NPT are well-known and levels of frustration regarding the lack of movement on multilateral nuclear disarmament are high. The delegation of Ireland noted in its statement during the ‘disarmament’ cluster, that the “persistent underachievement in progressing the global disarmament agenda is no longer acceptable.” This frustration was manifest during last year’s session of the General Assembly’s First Committee with the adoption of resolution A/C.1/67/L.31 entitled “Revitalizing the work of the Conference on Disarmament and taking forward multilateral disarmament negotiations” thus establishing an open-ended working group (OEWG) that will meet in May, June, and August of this year in Geneva for a total of fifteen days. The exact mandate of the OEWG is not yet entirely clear, but Ambassador Manuel Dengo from Costa Rica, chair of the OEWG, has made clear that the discussions will be substantive in nature, rather than focusing on procedural issues. The sessions will most likely feature panels are will not have any negotiating mandate.

The non-nuclear weapon states (NNWS), particularly the NPT states parties of the Non-Aligned Movement (NAM), have harshly condemned the P5 for disproportionately focusing on proliferation risks and not enough on disarmament. While the ‘P5’ has initiated a parallel process of meetings to address the disarmament-related obligations committed to in the 2010 NPT Action Plan, including the obligations related to reporting, transparency and confidence-building measures, the output from this group has been assessed as mostly underwhelming. The fourth P5 conference was held last week in Geneva under the aegis of the Russian Federation. Subsidiary working groups have been formed, for example a working group led by China on a glossary of terms. Likewise, France has taken the lead on discussions on a common approach to reporting on relevant activities across the three pillars of the Action Plan at the 2014 PrepCom and the 2015 RevCon.

The issues of transparency and reporting are of particular concern to the NPT states parties, especially the NNWS that are keen to receive more detailed information on existing stockpiles and, therefore, reduction of such stockpiles as mandated in Article VI of the NPT. Public declarations highlighting both strategic and non-strategic stockpiles are seen as an essential step in confidence-building and next steps in the disarmament process. The ten-country, cross-regional Non-Proliferation and Disarmament Initiative (NPDI), which focuses on practical non-proliferation and disarmament steps with a view towards implementing the Action Plan, proposed a standard reporting form during the 2012 PrepCom. There has yet to be a decision among the P5 on the form that reporting will take at next year’s PrepCom and the 2015 RevCon.

Nevertheless, it is still unclear if any P5 activities have contributed to building confidence among the NWS or how they will contribute to increasing levels of confidence among the non-nuclear weapon states. The hope is that these meetings will help to prepare the NWS to more comprehensively report to the upcoming PrepCom and subsequent RevCon in order to facilitate the path to global zero “in good faith,” as required in Article VI of the NPT.

The Middle East

The failure to convene a conference on the establishment of a WMDFZ in the Middle East during the 2012, or even prior to this NPT PrepCom continues to be a major source of concern, particularly for the Arab states. The NAM called upon the co-sponsors of the 1995 resolution (the UK, US, and Russia) to convene the conference as soon as possible in order to avoid “an attack on the credibility of the NPT.” During this week’s discussion, the US and Russia both addressed this issue, although from quite different perspectives. The Russian delegation was clear in its opening statement that it did not perceive the failure to convene the conference as a responsibility of the states of the region and called such an allegation “inappropriate.” Moreover, the delegation stated that Russia never in fact agreed to the postponement, but rather “would have admitted the possibility” for postponement only with explicit agreement of all states of the region and commitment to new, specific dates. The delegation also noted that “No collective decision concerning this matter had been taken by the co-sponsors.” The US delegation, however, continues to reiterate that the postponement was a joint decision that was taken as the conditions in the region are not yet “right” for the conference and it is up to all the states of the region, including Israel, to adopt a common agenda before convening the conference. The UK has not yet made such explicit statements regarding the postponement, but called for the convening of the conference “as soon as possible in 2013.”

The fear, of course, is that the more prolonged the process before beginning discussions on a WMDFZ in the Middle East, the weaker the NPT regime will become. It is a serious and valid concern that the NPT regime could be “held hostage” by those states angered by the postponement, specifically the Arab Group, who believe that such a failure to fulfill a binding commitment represents reason enough not to fulfill other NPT obligations, particularly concerning non-proliferation. Such inflammatory actions would only further increase insecurity and decrease the NPT’s legitimacy.

Humanitarian Consequences of Nuclear Weapons

Delivered by the South African delegation, 77 states signed onto a statement delivered at the conclusion of the general debate underscoring the grave humanitarian consequences associated with the use of nuclear weapons. This is an initiative that was borne out of the 34-country statement delivered during last year’s session of the UNGA First Committee by the Swiss delegation. This initiative was followed-up with an international conference hosted by Norway in Oslo in March 2013 during which representatives of 127 member states were present as well as UN secretariat officials, civil society, and other humanitarian response technical experts detailing the environmental, health, and developmental impact of nuclear weapon explosions. . The humanitarian dimension of nuclear disarmament has been reinvigorated and has provided for a renewed enthusiasm for pursuing the larger objective of abolition. Several delegations, including Egypt, lamented the lack of participation by the P5 in Oslo and called upon the NWS to participate in the follow-up meeting in Mexico that is expected to take place in early 2014.

The presentations by non-governmental organizations to the delegates of the PrepCom also focused, in part, on the humanitarian consequences of a nuclear detonation. The conclusion drawn by the humanitarian response community, including the UN Office for the Coordination of Humanitarian Affairs (UNOCHA) and the International Federation of the Red Cross (IFRC), has been quite clear—that there is simply no way for the international community, let alone an individual governments, to adequately respond to such a crisis. Therefore, the only sensible course of action is to prevent the use of such weapons, which can only be guaranteed through their elimination.

Moving Forward

The continued stalemate in the Conference on Disarmament, the failure of the Comprehensive Test Ban Treaty (CTBT) to enter-into-force, and the inability to negotiate a Fissile Material Cut-Off Treaty (FMCT) were once again highlighted by many of the delegations during this week’s discussions. Furthermore, the issues of nuclear security and safety and the role of nuclear weapons in military and security doctrines and policies were also addressed by a broad range of delegations in formal sessions as well as during side events. While all these issues are surely important components of the drive towards global zero, perhaps the most crucial challenge to the NPT regime will be moving away from the still-lingering belief that nuclear “deterrence” represents security and that the nuclear ‘haves’ occupy a privileged position in relation to the ‘have nots.’ Nuclear disarmament diplomacy depends on realizing the ‘grand bargain’ and maintaining the balance that is provided for in the NPT. Ultimately, as noted by the US delegation in its opening statement, disarmament is not an obligation limited to the five NPT NWS. Rather, the existence of nuclear weapons is an issue that must be addressed by all member states as global security depends on their abolition.

 

–Katherine Prizeman

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Green Lantern: UNGA Informal Debate on ‘Harmony with Nature”

23 Apr

As a nod to Earth Day 2013, the UN General Assembly was the setting for an ‘informal debate’ focused on ways to more effectively promote planetary ‘harmony’.

A half-full conference room listened to a short presentation from the UN Secretary-General Ban Ki-moon and more passionate speeches by the UN General Assembly President, Mr. Vuk Jeremić of Serbia, and by Ministers from Bolivia and Ecuador, two ‘left-leaning’ governments that tend to exercise a great deal of control over national economic outcomes.

There were some valuable reminders shared by these four speakers during what was a bit of an ideologically-imbalanced opening session.   From our own organizational standpoint, it is good to be reminded that consumption in the developed world is largely optional and has increasingly deleterious impacts on natural health in all global regions.  In addition, we should recognize that too much of the ‘green’ movement has been co-opted by those who seek to institutionalize levels of developed world consumption while attempting to ‘manage’ levels of growth in less developed nations.

At the debate, there were also renewed calls for a ‘universal declaration’ of the rights of nature tied to an alleged, if helpful, ‘right to recovery’ for nature that has been ravaged by a preponderance of short-term economic resource use disconnected from any reasonable capacity for future generations to access (and preserve) the same resources.

Our economic situation has been increasingly dark in recent times – inequities and shortages abound, as do the toxic effects of our mindless exploitation.    While it is not yet clear how ‘nature rights’ could be properly identified and enforced, nor is it clear how economic reform would result in locally based economies rather than state structures attempting to micro-manage large scale economic development, it is critically important to shine a light on alternatives that are urgent, viable and fair.  Needless to say, we don’t have sufficient alternatives at present. We need to keep the lantern lit as much as possible.

An office like ours has very limited access to deliberations on economic futures.   From our experience in meetings such as this one, it is clear that States too have limited options, more limited than they generally acknowledge.  Economic decisions, more and more, take place beyond the reach of states in board rooms and investment houses.  Whatever one thinks of “Occupy’ and other movements to expose economic inequities, including in economic decision making, it is clear that this current system is being driven by self-interested and unaccountable forces.   If such forces were merely accumulating wealth, there would be sufficient cause for general concern.  That accumulated wealth is driving so much planetary dysfunction should be cause for the loudest general alarm.

Simply put, there are biological limits to economic growth.   And those limits are not being acknowledged, let alone respected.   As one of the ministers from Ecuador wondered aloud and with some urgency, “Who precisely is going to bell this cat?”  How will that be accomplished? The cat has a defensive, nasty disposition and sharp claws.  It will take some real courage to bell it.  Until that happens, though, the rest of us will largely remain ignorant (willfully or otherwise) of the ways that our lives are about to become more painful and toxic than they need to be!

Our collective disenchantment with our economic system seems to grow daily.   At the same time, our resistance to economic change borders on the neurotic.   We have deep addictions to unsustainable and largely optional patters of consumption that remain stubborn in their remedial application and are also quite devastating to our long-term biological prospects.

On Earth Day, we need to shine more light on the structures and choices that undermine a ‘green’ agenda – unequal economic access, unsustainable (and largely optional) patterns of consumption, and more.  We also need to renew our connections with some of our more ‘intimate’ ecological processes – how our food is grown, where our drinking water comes from, what happens to our waste when we are ‘done’ with it.

Our ignorance of basic environmental processes as well as our insistence that we own everything we use are both planet-defeating attitudes. Our preference for owning a neighbor’s land to having a neighbor undermines community integrity.   Our relentless pursuit of non-essential consumer goods represents a psychologically defective, wasteful application of time and resources.   Our ability to simultaneously express a deep love for our children while contributing to the demise of the system that supports their lives is a dangerous inconsistency.  Clearly, we must continue to shine a light on these and other discontinuities, and then organize a viable, participatory strategy to overcome them.

 

–Dr. Robert Zuber

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UNDC 2013: Memory Lane

19 Apr

Among the proposals emerging from this year’s session of the UN Disarmament Commission (UNDC), there were two that particularly caught our eye. The Swiss proposals presented during the opening exchange of views calling for more involvement by experts in the work of the UNDC is one that Global Action to Prevent War and Armed Conflict (GAPW) has discussed in other commentary and fully supports in practice.

The other proposal that we wished to highlight was provided in a working paper by the Egyptian delegation, often among the most thoughtful delegations on disarmament matters. While their proposals specific to both substantive working groups will no doubt help to frame discussions during the third and final year III of the current UNDC cycle, the opening paragraphs of their paper (A/cn.10/2013/WP.1) are perhaps the most actionable in terms of their implications for the ongoing deliberative potential of the UNDC.

Paragraphs 1 and 2 of the Egyptian paper highlight an ongoing problem for both the UNDC and many other parts of the UN system — a lack of institutional memory.  Given the turnover in diplomatic missions and ODA staff, and given the lack of interest in or invitations to NGO experts with a deep interest in supporting the efforts of the UNDC (Reaching Critical Will and GAPW are generally the only NGO monitors in the room — when we are allowed to be there), it is difficult if not impossible to keep track of what the Egyptian working paper calls “unfinished business,” including both proposals not implemented and consensus not reached.   Aside from information and commentary posted on the Reaching Critical Will, there has been little effort to summarize key discussions, insights or proposals.   As RCW recognizes, it is difficult to “nurture” (to quote the Egyptian paper) new ideas when you can’t remember what those ideas are, let alone track their development.

Delegates with a longer term engagement with the UNDC will recognize the degree to which deliberations have followed a well-worn path. Moreover, the nature of involvement with the UNDC has changed over the years, with fewer delegations consisting of experts from Geneva and more and more of the deliberative burdens falling on already overworked diplomats from New York missions. There has been less and less energy around the UNDC in recent years, which to our mind requires some urgent remedial response. GAPW would like to endorse, consistent with the Swiss and Egyptian proposals, that the UNDC promote side events in partnership with NGO experts to more thoroughly investigate substantive and procedural matters that are germane to the mandate of the UNDC but also at times impede its progress.

It may be, as some NAM-affiliated delegations have suggested, that the UNDC will require a more robust overhaul, perhaps within the context of another Special Session on Disarmament (SSOD IV). But until that issue is resolved, the UNDC would do well to establish procedures for reporting and stakeholder engagement that can preserve institutional memory and allow interested observers in and out of government to track both UNDC progress and impediments over time.

There are, as Egypt notes, some fairly simple ideas that can enrich the experience of the UNDC for both participants and observers.  Having more sets of trusted eyes in the room for future UNDC sessions would certainly help ensure that the best of the Commission deliberations can find more suitable, trustworthy venues where they can be studied, assessed and even acted upon.

 

–Dr. Robert Zuber

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UN Disarmament Commission Concludes Without Consensus Recommendations: Moving Towards Final Year in Review Cycle

19 Apr

The UN Disarmament Commission (UNDC) concluded the second year in its three-year cycle on Friday, 19 April without adoption of consensus recommendations or guidelines. Much of the discourse during the concluding plenary had a positive tone with delegations noting that the work done in the 2013 substantive session will “set the stage” for progress next year, and in his concluding remarks, Chair Ambassador Christopher Grima of Malta called the three-week session “productive” and rich in discussion. Still, it is discouraging that the session could not come to more concrete conclusions.

The 2013 UNDC adopted a procedural report took account of the session’s organization of work, documents submitted by the Secretary-General (the annual report of the Conference on Disarmament) as well as by member states (a working paper from the delegation of Egypt), as well as the reports of the two subsidiary working groups. The delegations of Iran and Algeria underscored that converting the status of the Chairman’s non-papers to a working paper does not set a precedent for future sessions nor does it enjoy consensus. Indeed, both reports of the subsidiary working groups clearly noted that all working papers “do not represent negotiated positions or command consensus and should not set a precedent.”

The culture of stalemate across the UN disarmament machinery cannot afford any further delays.  While the progress made in both working groups of this session on the development of working papers is clear insofar as there is some substantive work upon which to build, it is discouraging that the international community must endure yet another delay of concrete movement forward in any part of the failing multilateral disarmament machinery. As noted by High Representative for Disarmament Affairs Angela Kane in her opening remarks three weeks ago, the UNDC will be judged not according to its words, but its quality of its outcomes.  Once again, without adoption of recommendation of guidelines, there is little on which to positively assess the UNDC beyond yet another year of national statements and non-consensual working papers.

In the 20 years since its re-establishment in 1979, the UNDC was able to reach consensus a total of sixteen times to adopt guidelines or recommendations on a wide variety of disarmament issues. However, most strikingly, all of these consensus outcomes came before 1999 illustrating that any momentum generated in the UNDC has been elusive at best over the last fourteen sessions. Some combination of lack of political will and immoveable working methods surely accounts for the paralysis that continues to plague the UNDC, a paralysis also apparent in the inability of the Conference on Disarmament to adopt a program of work for more than fifteen years. While a fourth Special Session on Disarmament (SSOD IV) could dissolve and re-establish the UNDC to revamp its working methods, mandate, or perhaps both, the short-term provides only the opportunity to make one last stitch effort at consensus at next year’s 2014 substantive session building on the progress made in the working group papers presented by this year’s Chairpersons.

In addition to the substantive discussions in the two working groups, discussions of working methods arose. As noted by several delegations during the general exchange of views at the opening of this year’s session, the lack of willingness to adapt working methods to better address the lingering stalemate as well as the UNDC’s inability to reach consensus recommendations are worrisome trends. The proposals from the Swiss delegation to revitalize the UNDC’s working methods (limiting the agenda to one item, opening deliberations to experts, and submitting an annual report to the UN General Assembly regardless of the session’s outcome) must be more seriously considered if the UNDC is to move away from the road to irrelevance on which it is headed. Ambassador Grima agreed that the working methods would need to be reviewed for both how it conducts deliberations and how even limited success can be better reported after each session. Moreover, Ambassador Grima said that the application of consensus in the UNDC should be reflected upon.

Working Group I:  Nuclear Disarmament and Non-Proliferation

The agenda item on nuclear disarmament and non-proliferation, an item that is mandated to be addressed at every session of the UNDC, once again saw divergence of views. Working Group I (WGI), chaired by the Ambassador Naif bin Bandar Al-Sudairy of Saudi Arabia, adopted a report outlining its procedures over the last three weeks.  Other documents presented to WGI included a working paper submitted by the US entitled “Preventing the use of nuclear weapons” (WP1), and two working papers submitted by the Chairman entitled “Recommendations for achieving the objective of nuclear disarmament and non-proliferation of nuclear weapons” (WP2), and “General guiding elements for achieving nuclear disarmament and non-proliferation” (WP3), respectively.  Also discussed in WGI was a compendium text of comments on the working papers of the Chairman (CRP2). CRP2 is a compilation of proposals made by member states during the consultations. It is clearly noted in the report that the working papers “could form a basis for further deliberations for the formulation of consensus recommendations at the conclusion of the Commission’s three-year examination of agenda item 4 at its substantive session in 2014.”

WP2 outlines so-called “recommendations” for achieving nuclear disarmament and non-proliferation and recalls several current initiatives to take forward multilateral negotiations, including the open-ended working group (OEWG) in Geneva, the group of governmental experts (GGE) that will make recommendations on possible aspects of a Fissile Material Cut-Off Treaty (FMCT), and the upcoming September 2013 High-level meeting of the UNGA on nuclear disarmament. Also taken up in this document is the issue of the Middle East Weapons of Mass Destruction Free Zone (WMDFZ), for which a 2012 conference was not convened as mandated by the 2010 nuclear Non-Proliferation Treaty (NPT) Review Conference outcome document. The DC document calls for such a conference to be convened “without further delay as soon as possible.” WP3 on “guiding elements” reconfirms the mutually reinforcing relationship between nuclear disarmament and non-proliferation and the importance of multilateralism in achieving nuclear disarmament. This document also “expresses grave concern about the current status of the disarmament machinery, including the lack of substantive progress in the Conference on Disarmament for more than a decade.”

The working paper presented by the US is a disappointing review of the US’ nuclear weapons policy underscoring the importance of a “future, step-by-step” approach to disarmament. The paper calls this approach “the only practical path” towards complete nuclear disarmament as there is “no quick fix.” The paper goes on to highlight the US and Russian new START commitments as well as the proliferation risks associated with the DPRK, Iran, and Syria, but does little on elaborating how disarmament obligations will be met in a serious and timely manner. The Comprehensive Test Ban Treaty (CTBT) and a FMCT are identified as “essential multilateral steps for nuclear disarmament,” both of which do little to further disarmament but instead have a distinct non-proliferation focus. Lastly, the US paper underscores the Nuclear Security Summit process as well as the Permanent 5 (P5) process as contributors to “strengthening global architecture that governs nuclear security” and “breaking new ground” on engaging new issues related to disarmament, non-proliferation, transparency, and confidence-building measures. However, it is still unclear what precisely a “step-by-step” approach would entail or what “new ground” is being broken. Such P5 declarations are often clouded in vague reiterations of previously accepted NPT commitments and the modernization programs currently being undertaken in all the nuclear weapon states further undermines the international community’s pursuit of the goal of nuclear abolition.

The working paper provided by the delegation of Egypt (WP1) considered by the committee as a whole noted that the League of Arab States is concerned about the issue of the Middle East and “expects a conclusion highlighting ways to ensure the implementation of the 2010 Review Conference commitments and to convene a conference on the establishment of a zone free of nuclear weapons” in 2013. The fact that the Middle East conference was not convened during the 2012 calendar year will continue to be an issue of contention in all fora of the disarmament machinery as well as the upcoming NPT preparatory committee session in Geneva this coming week.

Working Group II: Confidence-Building Measures in the Field of Conventional Weapons   

Working Group II (WGII), devoted to confidence-building measures (CBMs) in the field of conventional arms, also adopted a procedural report and considered a working paper presented by Ireland on behalf of the European Union entitled “Practical confidence-building measures in the field of conventional weapons.” The Chairman, Mr. Knut Langeland of Norway, presented a non-paper that included principles as well as practical CBMs such as transparency and information exchange measures (the UN Register on Conventional Arms, the UN Report on Military Expenditure, the Programme of Action on small arms (UNPoA), and the International Tracing Instrument (ITI)), observation and verification measures, military constraint measures, and cooperation and assistance. The previously mentioned working paper from the delegation of Egypt also addressed the issue of CBMs in conventional weapons measures noting that any CBM process must address overproduction, increased levels of stockpiling and mutual accountability, as well as principles in the UN Charter such as references to crimes of aggression and foreign occupation.

The WGII Chairman’s non-paper, drafted under Mr. Langeland’s own responsibility, also references existing instruments in the field of conventional arms, such as the Convention on Certain Conventional Weapons (CCW), the Anti-Personnel Mines Treaty, the Convention on Cluster Munitions (CCM), as well as the recently adopted Arms Trade Treaty (ATT). The paper “encourages” member states to “consider signing and ratifying” the ATT after it open for signature on 3 June 2013. The working paper contains brackets and bold text that highlight the various proposals made during the working group’s consultations. Mr. Langeland noted that hopefully some parts of the non-paper illustrated areas for possible consensus and a basis for work next year.

Last chance in 2014

In an environment of low-yielding (if non-yielding) multilateral disarmament machinery, there is a growing intolerance for delay in any part of its operations. With another year of the UNDC passing without adoption of recommendations or conclusions, it is quite clear that it has not been fulfilling its role as the deliberative body of the machinery providing consensus recommendations and guidelines for consideration in the General Assembly First Committee.

The general sense of the session this year has been that its deliberations will provide “a good basis” for the formulation and adoption of consensus recommendations and guidelines next year in 2014. However, according to this line of argument, the last fourteen sessions of the UNDC have formed a “basis” for adoption of consensus recommendations or guidelines. Delaying yet another year does nothing to address the stalemate in the disarmament machinery, but does increase the stakes for next year’s session. The pressure is most certainly on to finally adopt consensus recommendations and end a fifteen-year UNDC drought.

 

–Katherine Prizeman

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