Regional Workshop on National Implementation of the Biological Weapons Convention in East Asia and the Pacific Complementarity of Implementing the Biological Complementarity of Implementing the Biological Weapons Convention and UN Security Council Weapons Convention and UN Security Council Resolution 1540 (2004) Resolution 1540 (2004) Makati City, the Philippines, 27-28 June 2011 Ana Maria Cerini, Nicolas Kasprzyk 1540 Committee experts E-mail: cerini@un.org / kasprzyk@un.org Fax: +1 917 367 9358
Outline Outline � Resolution 1540 highlights � BWC and resolution 1540 convergence � Implementation of resolution 1540 in East Asia and the Pacific / biological focus � Challenges and way forward
Resolution 1540 highlights � Adopted on 28 April 2004 under Chapter VII of the UN Charter unanimously by the UN Security Council � Subsequent UNSC resolutions 1673 (2006), 1810 (2008), 1887 (2009) and 1977 (2011) � Obligations upon all States, modalities of implementation being the responsibility of each State (respect of the principle of national sovereignty) � Focus on measures aimed at preventing the involvement of non- States actors into proliferation activities and at adopting and enforcing domestic controls over sensitive (“related”) materials
Resolution 1540 highlights � Covers all fields of weapons of mass destruction (nuclear, chemical, biological) and their means of delivery, as well as related materials � Related materials: “ materials, equipment and technology covered by relevant multilateral treaties and arrangements, or included on national control lists, which could be used for the design, development, production or use of nuclear, chemical and biological weapons and their means of delivery ”
Resolution 1540 highlights � Complementarity with existing tools and instruments such as multilateral treaties and multilateral arrangements (converging efforts / absence of duplication), i.e. the BWC � 1540 Committee: subsidiary body of the UN Security Council comprising all 15 States members of the Security Council, supported by a group of experts and by the UN Secretariat (Office for Disarmament Affairs and Department of Political Affairs) � 1540 Committee: four working groups (monitoring implementation; international cooperation; assistance; transparency and media outreach)
Resolution 1540 highlights Resolution 1977 (2011) extended the mandate of the 1540 Committee � by ten years until April 2021 The full implementation of resolution 1540 (2004) by all States is a � long-term task that will require continuous efforts at the national, regional and international levels
BWC and resolution 1540 convergence Resolution 1540: Refers to non-proliferation of weapons of mass destruction and their � means of delivery, including biological weapons Reinforces States Parties obligations to implement multilateral � treaties, including the BWC
BWC and resolution 1540 convergence Differences in that resolution 1540: as a UN Chapter VII, is a resolution mandatory for all States (BWC � also aims at universality) Has prohibitions in addition to those of BWC � Has additional/specific measures to deal with illicit trafficking �
BWC and resolution 1540 convergence 1. States to refrain “ from providing any form of support to non-State � actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery ” (Operative paragraph 1 of resolution 1540)
BWC and resolution 1540 convergence 2. States to adapt the legislative framework � “ All States […] shall adopt and enforce appropriate effective laws which prohibit any non-State actor to manufacture, acquire, possess, develop, transport, transfer or use nuclear, chemical or biological weapons and their means of delivery […] as well as attempts to engage in any of the foregoing activities, participate in them as an accomplice, assist or finance them ” (Operative paragraph 2 of resolution 1540) � Resolution 1540 has two explicit prohibitions in addition to that of BWC: transport and use* ( NB: use was considered as prohibited under Article I of the Convention at the 4 th Review Conference)
BWC and resolution 1540 convergence 3. States to establish domestic controls (“ including over related � materials ”) “ appropriate effective measures to account for and secure items in production, use, storage or transport ” (Operative paragraph 3 (a) of resolution 1540) “ appropriate effective physical protection measures ” (Operative paragraph 3 (b) of resolution 1540) � Accounting/securing and physically protecting � Complement other biosafety / biosecurity requirements and efforts � Resolution 1540 does not specify standards (specialized organizations such as WHO, OIE, FAO do)
BWC and resolution 1540 convergence 3. States to establish domestic controls (“ including over related � materials ”) “ effective border controls and law enforcement efforts to detect, deter, prevent and combat, including through international cooperation when necessary, the illicit trafficking and brokering in such items ” (Operative paragraph 3 (c) of resolution 1540) “ effective national export and trans-shipment controls over such items, including appropriate laws and regulations to control export, transit, trans- shipment and re-export and controls on providing funds and services related to such export and trans-shipment such as financing, and transporting […] as well as establishing end-users controls ” (Operative paragraph 3 (d) of resolution 1540) � Domestic controls over physical flows of such items, and also over related transactions such as brokering / financing
Implementation of resolution in East Asia and the Pacific Following graphs are based on data gathered by the 1540 Committee experts from national reports and other official sources of information and reflected in matrices approved by the 1540 Committee and posted on the 1540 Committee website with the consent of States. The graphs reflect aggregated data for Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam The graphs indicate that, on average, the biological area is an area in which fewer measures have been taken (compared with the nuclear and chemical areas)
OP2 – National Legal Framework % 40 manufacture/produce 50 50 40 acquire 40 30 40 possess 30 30 40 stockpile/store 50 20 20 develop 40 10 20 transport 20 20 10 transfer 30 10 50 use 60 50 30 participate as an accomplice 30 30 40 assisting 60 40 40 financing 40 40 10 activities related to means of 10 Biological Weapons delivery 0 Chemical Weapons 30 involvement of non-State 50 Nuclear Weapons actors 30 0 10 20 30 40 50 60 70 80 90 100
OP2 – Enforcement % 50 manufacture/produce 60 30 50 acquire 60 30 60 possess 50 40 30 stockpile/store 50 10 20 develop 40 0 20 transport 30 20 40 transfer 50 20 60 use 70 70 50 participate as an accomplice 40 50 50 assisting 60 50 50 financing 50 50 20 activities related to means of 10 Biological Weapons delivery 10 Chemical Weapons 30 involvement of non-State 40 Nuclear Weapons actors 40 0 10 20 30 40 50 60 70 80 90 100
OP3 a) b) – National Legal Framework % 30 Measures to account for production 70 100 30 Measures to account for use 70 100 30 Measures to account for storage 80 100 30 Measures to account for transport 50 30 0 20 Measures to secure production 30 10 Measures to secure use 30 30 0 Measures to secure storage 30 30 10 Measures to secure transport 30 40 10 Regulations for physical protection of 10 facilities/materials/transports 20 Biological Weapons 0 Chemical Weapons Measures to account for / secure/ physically protect means of 0 delivery Nuclear Weapons 0 0 10 20 30 40 50 60 70 80 90 100
OP3 a) b) – Enforcement % 50 Measures to account for production 60 50 50 Measures to account for use 70 50 30 Measures to account for storage 80 50 30 Measures to account for transport 40 30 0 10 Measures to secure production 40 0 Measures to secure use 10 40 10 Measures to secure storage 10 40 30 Measures to secure transport 40 40 0 Regulations for physical protection of 10 facilities/materials/transports 20 Biological Weapons 10 Chemical Weapons Measures to account for / secure/ physically protect means of 10 delivery Nuclear Weapons 10 0 10 20 30 40 50 60 70 80 90 100
Recommend
More recommend
