OPCW

Conference of the States Parties

 

C-V/DG.12

15 - 19 May 2000

16 May 2000

Provisional Agenda Item 18

Original : ENGLISH

REPORT BY THE DIRECTOR-GENERAL

REPORT ON THE IMPLEMENTATION OF THE RECOMMENDATION OF THE CONFERENCE OF THE STATES PARTIES AT ITS FOURTH SESSION ON ENSURING THE UNIVERSALITY OF THE CHEMICAL WEAPONS CONVENTION

  1. Recalling its previous recommendations (C-II/DEC.11, dated 5 December 1997, and C-III/DEC.9, dated 20 November 1998), the Conference of the States Parties (hereinafter the "Conference"), at its Fourth Session, adopted a recommendation on ensuring the universality of the Chemical Weapons Convention (C-IV/DEC.22, dated 2 July 1999), urging all states which have neither ratified nor acceded to the Convention to do so without delay. The Conference recommended that the States Parties and the Director-General continue to make every effort to encourage all states, in particular those states believed to possess chemical weapons, which have neither ratified nor acceded to the Convention, to do so as soon as possible.

  2. States Parties were encouraged to promote the achievement of the common objectives of the Convention in order to create a cooperative atmosphere which could encourage other countries to join the Convention. The Conference requested the Director-General to submit a report on the implementation of the recommendation to the Fifth Session of the Conference of the States Parties.

  3. The efforts undertaken by the Director-General personally, and by officials from the Secretariat since the Fourth Session of the Conference to ensure the universality of the Convention include: raising the profile of the universality issue in speeches and other public statements; making direct, high-level contacts with States not party, both in writing and in face-to-face meetings, as well as a range of other contacts with officials representing States not party; the organisation of regional workshops and seminars in which representatives of States not party have also participated; and attendance at meetings of regional organisations and other disarmament-related conferences which include among their membership States not party to the Convention.

  4. Where possible, Secretariat officials established contacts with representatives of signatory and non-signatory States at disarmament forums and at meetings of multilateral treaties in the field of international security. During these meetings, the Secretariat offered help in the drafting of legislation, advice on ratification/accession procedures, and encouraged those states to send representatives to regional seminars and workshops. Through the Participation Support Project, the Secretariat has been in touch with delegations from capitals other than The Hague concerning OPCW activities, in order to brief them periodically on developments with respect to the Convention and, through them, to encourage their authorities to move forward towards ratification of or accession to the Convention.

  5. Bilateral contacts were pursued with States not party which subsequently ratified or acceded, in order to encourage or assist with those processes – as in the case of visits by officials of the Secretariat to Kazakhstan, the Federal Republic of Yugoslavia and, in the period before the Fourth Session of the Conference, to Azerbaijan. Meetings were also held with officials of States Parties at which universality issues were raised (e.g. in Switzerland in relation to Liechtenstein; in several countries in South America in relation to States not party in Latin America and the Caribbean; in Singapore in relation to the Association of South-East Asian Nations (ASEAN); and in Australia and New Zealand in relation to countries in the South Pacific).

  6. The efforts undertaken by States Parties "to promote the achievement of the common objectives of the Convention in order to create a cooperative atmosphere which could encourage other countries to join the Convention" include: the extent to which States Parties have implemented the full range of obligations under the Convention; the participation of representatives of many States Parties in activities organised by the Secretariat, as outlined above, as well as through their organisation of or participation in other courses and exercises conducted by or in cooperation with the Secretariat (e.g. National Authority training courses, regional meetings of National Authorities and other regional forums and workshops, challenge inspection and investigation of alleged use exercises, inspector training courses, etc.); and through the assistance provided by individual States Parties in the conduct of national courses and visits to both States Parties and States not party.

  7. A list of relevant activities of the Director-General and Secretariat officials that were specifically directed at ensuring the universality of the Convention, or which included a significant element directed to that end, is annexed hereto. In addition, the Director-General has consistently emphasised the importance of achieving the universality of the Convention in his statements to Sessions of the Executive Council held during the period since the Fourth Session of the Conference; in speeches delivered during official visits to a number of States Parties, including Argentina, Australia, Brazil, Chile and Switzerland; and in other statements, including in his statement issued during the meeting of the First Committee of the United Nations General Assembly in New York in October 1999. During that visit to New York, in their meetings with representatives of 23 signatory and 14 non-signatory States, the Director-General and senior officials of the Secretariat called for their speedy ratification or accession. During his discussions with representatives of the Netherlands and of all the permanent members of the Security Council, the Director-General emphasised the desirability of their close involvement in the drive towards the universality of the Chemical Weapons Convention. The Director-General also met the Secretary-General of the United Nations, Mr Kofi Annan, the Deputy Secretary-General, Ms Louise Fréchette, the Under Secretary-General for Disarmament Affairs, Mr Jayantha Dhanapala, and the Chairman of the First Committee of the United Nations General Assembly, Mr Raimundo Gonzalez, and requested their help in the task of ensuring the universality of the Convention.

  8. In September 1999, the Director-General also wrote to the Foreign Ministers of most signatory and non-signatory States, urging their Governments to adhere to the Convention, and reminding them of the consequences of non-adherence, in terms of the trade restrictions on Schedule 2 chemicals which have become effective since the end of April 2000. Copies of this correspondence were handed to relevant representatives of signatory and non-signatory States during most of the meetings held in New York.

  9. Since the Fourth Session of the Conference, a total of nine countries have ratified or acceded to the Convention, as follows: Nicaragua (ratified 5 November 1999, entered into force 5 December 1999); Liechtenstein (ratified 24 November 1999, entered into force 24 December 1999); San Marino (ratified 10 December 1999, entered into force 9 January 2000); Eritrea (acceded 14 February 2000, entered into force 15 March 2000); Azerbaijan (ratified 29 February 2000, entered into force 30 March 2000); Kazakhstan (ratified 26 March 2000, entered into force 25 April 2000); Colombia (ratified 5 April 2000, entered into force 5 May 2000); Federal Republic of Yugoslavia (acceded 20 April 2000 and will enter into force 20 May 2000); and Malaysia (ratified 20 April 2000 and will enter into force 20 May 2000). Just prior to the Fourth Session of the Conference, the Federated States of Micronesia also ratified the Convention, which entered into force for that State Party on 21 July 1999.

  10. As of 10 May 2000, according to notifications received from the Secretary-General of the United Nations, who is the Depositary of the Convention, 135 states have ratified or acceded to the Convention, accounting for 70% of all states throughout the world. A further 37 states, or 19%, have signed the Convention but have yet to deposit their instrument of ratification. The total number of non-signatory States stands at 21, or 11% of all states.

  11. In his statement issued to the First Committee of the United Nations in October 1999, the Director-General described the progress on universality to that point in 1999 as "disappointing". However, nine instruments of ratification or accession were deposited in the ensuing six-month period, including six in the first four months of 2000. The Chemical Weapons Convention has attracted more ratifications and accessions in 2000 than any other multilateral instrument in the field of disarmament and arms control.

  12. In terms of the way forward, the drive towards universality will become more difficult, as the countries least inclined to join will be the last to do so. The reasons differ as to why certain countries have not ratified or acceded to the Convention. Different approaches may, therefore, be required and, in some cases, approaches tailored to particular regions will offer the best way forward. For those states which face organisational or logistical difficulties, the Secretariat offers various kinds of support for National Authorities in implementing the Convention (e.g. declarations assistance, the development of regional legislative models, and options for integrating legislation relevant to the Convention and other chemical regulatory regimes). The Director-General has also emphasised the range of benefits that the Convention offers to States Parties, which may be appreciated on their own merits, and has stressed the need to avoid inappropriate linkages. Further high-level contacts will be desirable. Direct visits have also demonstrated their effectiveness in various instances, as may be seen in relation to the recent improvements in the level of initial declarations received by the Secretariat from States Parties, and these avenues could be pursued to a greater extent.

  13. Annex: Activities of the Director-General and Secretariat officials directed at ensuring the universality of the Convention, July 1999 - May 2000

    Annex

    ACTIVITIES OF THE DIRECTOR-GENERAL AND SECRETARIAT OFFICIALS DIRECTED AT ENSURING THE UNIVERSALITY OF THE CONVENTION

    JULY 1999 - MAY 2000

    Date Activity Location Participation
    8-10 July 1999 70th Session of OAU Council of Ministers Algiers, Algeria Bilateral contacts
    2-6 August 1999 National Course Kiev, Ukraine Ukraine National Authority
    9-10 September 1999 Induction Workshop for Diplomatic Personnel OPCW, The Hague, The Netherlands 73 participants from 44 States Parties, 6 signatory States (Cape Verde, Liberia, Madagascar, Nicaragua - later ratified, Uganda, Yemen) and 3 non-signatory States (Angola, Barbados, Solomon Islands)
    17 September 1999 Briefing for Brussels-based delegations Brussels, Belgium 21 participants from 15 States Parties and 6 signatory States (Guatemala, Liberia, Madagascar, Rwanda, Samoa, Uganda)
    20 September 1999 Visit of UN Disarmament Fellows OPCW, The Hague, The Netherlands 28 participants from 23 States Parties, 3 signatory States (Colombia - later ratified, Liberia, Malaysia - later ratified) and 2 non-signatory States (Angola, Sao Tomé & Principe)
    11-21 October 1999 Visit of Director-General and senior officials from the Secretariat New York, USA Bilateral contacts with permanent representatives to the UN of 23 signatory and 14 non-signatory States, P-5 and the Netherlands, UN Secretary-General and Deputy Secretary-General, Under Secretary-General for Disarmament Affairs and Chairman of UNGA First Committee
    19-27 October 1999 Advanced training course for personnel of Ibero-American and Caribbean National Authorities Madrid and Huelva, Spain 21 participants from 14 States Parties and 1 State not party (Guatemala) in the Latin American and Caribbean region - experts from the Spanish National Authority took part
    3-5 November 1999 Regional Seminar Nairobi, Kenya 31 participants from 18 States Parties, 3 signatory States (Liberia, Uganda, Zambia) and 1 non-signatory State (Eritrea - later acceded)
    Date Activity Location Participation
    5 November 1999 Visit of Director, International Cooperation and Assistance Lusaka, Zambia Bilateral contacts
    7-17 November 1999 Official visit of Director-General Australia, Singapore, Switzerland Bilateral contacts
    8-9 November 1999 Visit to Chad (signatory State) to facilitate ratification preparations Ndjamena, Chad Bilateral contacts - experts from the French National Authority provided assistance
    9-11 November 1999 Visit to Federal Republic of Yugoslavia (non-signatory State - later acceded) Belgrade, Federal Republic of Yugoslavia Bilateral contacts
    16-19 November 1999 Visit to Kazakhstan (signatory State - later ratified) to facilitate preparations for ratification Astana, Kazakhstan Bilateral contacts: Secretariat officials assisted with the preparation of the initial declaration
    22-23 November 1999 National Course Hanoi, Viet Nam Viet Nam National Authority - experts from the Australian National Authority provided assistance

    30 November-2 December 1999

    National Course Dhaka, Bangladesh Bangladesh National Authority
    1-3 December 1999 OPANAL Regional Seminar on Disarmament Lima, Peru Bilateral contacts
    10 December 1999 Briefing for Brussels-based delegations Brussels, Belgium 24 participants from 16 States Parties, 6 signatory States (Guatemala, Honduras, Kazakhstan - later ratified, Kyrgyzstan, Madagascar, Uganda), OECS representing 1 State Party, 4 signatory States (Dominica, Grenada, St. Kitts & Nevis, St. Vincent & the Grenadines) and 1 non-signatory State (Antigua & Barbuda)
    17-18 February 2000 Regional Legislation Workshop Castries, St. Lucia 14 participants from 1 State Party, 4 signatory States (Dominica, Grenada, St. Kitts and Nevis, St. Vincent and the Grenadines) and 1 non-signatory State (Antigua & Barbuda)
    10 March 2000 Briefing for Brussels-based delegations Brussels, Belgium 23 participants from 16 States Parties, 1 contracting state (Eritrea) and 6 signatory States (Chad, Grenada, Kazakhstan - later ratified, Kyrgyzstan, Madagascar, Uganda)

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