IMPLEMENTATION OF THE UN SECURITY COUNCIL RESOLUTION1540 (2004) Bridging needs and assistance OTTAWA, CANADA, 31 October - 2 November 2017 RAPHAEL PRENAT MEMBER GROUP OF EXPERTS SUPPORTING THE UNITED NATIONS SECURITY COUNCIL 1540 COMMITTEE The views expressed are those of the presenter and do not necessarily represent the views of the 1540 Committee
OUTLINE OF PRESENTATION • SECURITY BACKGROUND IN AFRICA • 1540 BIOLOGICAL REQUIREMENTS AND IMPLEMENTION IN AFRICA • ASSISTANCE NEEDS TO IMPLEMENT RESOLUTION 1540 (2004) IN AFRICA
SECURITY BACKGROUND IN AFRICA
BIOLOGICAL HAZARDS IN AFRICA (1) • 59 Biological agents in the AG List of Human and Animal Pathogens and Toxins can be found in Africa (23 virus, 21 bacteria, 15 toxins) • Some of them can be zoonotic agents or have the capability to infect only animals. • Some of them are toxic for human and animals. • 11 Biological agents in AG List of Plant Pathogens can be found in Africa. • The bioterrorism is not limited to human only. The impact of agro-terrorism could be devastating for African agriculture/herds. • The security of pathogens must be a higher priority for the African authorities.
BIOLOGICAL HAZARDS IN AFRICA (2)
BIOLOGICAL HAZARDS IN AFRICA (3)
THE THREAT IS REAL AND PRESENT
1540 BIOLOGICAL REQUIREMENTS AND IMPLEMENTION IN AFRICA
UN SECURITY COUNCIL RESOLUTION 1540 (2004) • Legally binding instrument countering the threat posed by non-state actors, including terrorists, of acquiring such weapons or related materials. • Complements relevant multilateral treaties and arrangements, such as NPT, CWC, BWC. • States have to take a series of steps to prevent the proliferation of WMD and their means of delivery to non-state actors.
Implementing the Obligations • The resolution spells out the obligations for what States have to do, but not how to do it. • Needs the engagement of all stakeholders for effective implementation.
Basic obligations 1. Refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, possess, transport, transfer or use WMD and their means of delivery
Basic obligations 2. Adopt and enforce appropriate and effective laws that prohibit any non-state actor engaging in such activities, including acting as an accomplice, or to assist or to finance
Africa: OP2 (biological) Legal Framework Manufacture/Produce Acquire Possess Stockpile/Store Develop Transport 2015 Transfer 2010 Use Participate Assit Finance Means of delivery Involvement of non-State actors 0 10 20 30 40 50
Africa: OP2 (biological) Enforcement Measures Manufacture/Produce Acquire Possess Stockpile/Store Develop Transport 2015 Transfer 2010 Use Participate Assit Finance Means of delivery Involvement of non-State actors 0 10 20 30 40 50
OP2 (BIOLOGICAL) IMPLEMENTATION IN AFRICA OP2 Core Prohibitions Legal Framework Enforcement Measures 7 Prohibitions 10 countries 6 countries 6 Prohibitions 7 countries 5 countries 5 Prohibitions 9 countries 4 countries 4 Prohibitions 1 country 1 country 3 Prohibitions 1 country 0 2 Prohibitions 3 countries 6 countries 1 Prohibition 6 countries 6 countries 0 Prohibitions 17 countries 26 countries
Basic obligations 3. Establish domestic controls to prevent the proliferation of these weapons, i.e. controls over related materials, measures in the areas of accounting / securing, physical protection, border and law enforcement , export and trade- related controls.
Africa: OP3 a/b (biological) Legal Framework Account for production Account for use Account for storage Account for transport Secure for production Secure for use 2015 Secure for storage 2010 Secure for transport Regulations for physical protection Licensing/Registration Reliability check of personnel Means of delivery 0 10 20 30 40 50
Africa: OP3 a/b (biological) Enforcement Measures Account for production Account for use Account for storage Account for transport Secure for production Secure for use 2015 Secure for storage 2010 Secure for transport Regulations for physical protection Licensing/Registration Reliability check of personnel Means of delivery 0 10 20 30 40 50
OP3 a/b (BIOLOGICAL) IMPLEMENTATION IN AFRICA OP3 a/b Measures Legal Framework Enforcement Measures 12 Measures 1 country 1 country 9 Measures 1 country 1 country 4 Measures 0 1 country 3 Measures 1 country 1 country 2 Measures 3 countries 3 countries 1 Measure 4 countries 3 countries 0 Measures 44 countries 44 countries
OP3 c (BIOLOGICAL) IMPLEMENTATION IN AFRICA OP3 c Measures Legal Framework Enforcement Measures 3 Measures 6 countries 3 countries 2 Measures 24 countries 30 countries 1 Measure 17 countries 14 countries 0 Measures 5 countries 7 countries
Africa: OP3 d (biological) Legal Framework Export control legislation in place Licensing provisions Individual licensing General licensing Exceptions from licensing Licensing of deemed export/visa National licensing authority Interagency review for licenses Control lists Updating of lists Inclusion of technologies 2015 Inclusion of means of delivery 2010 End-user controls Catch all clause Intangible transfers Transit control Trans-shipment control Re-export control Control of providing funds Control of providing transport services Control of importation Extraterritorial applicability Control of brokering 0 10 20 30 40 50
Africa: OP3 d (biological) Enforcement Measures Export control legislation in place Licensing provisions Individual licensing General licensing Exceptions from licensing Licensing of deemed export/visa National licensing authority Interagency review for licenses Control lists Updating of lists Inclusion of technologies 2015 Inclusion of means of delivery 2010 End-user controls Catch all clause Intangible transfers Transit control Trans-shipment control Re-export control Control of providing funds Control of providing transport services Control of importation Extraterritorial applicability Control of brokering 0 10 20 30 40 50
OP3 d (BIOLOGICAL) IMPLEMENTATION IN AFRICA OP3 d Measures Legal Framework Enforcement Measures 20 Measures 1 country 1 country 12 Measures 1 country 0 11 Measures 0 1 country 6 Measures 3 countries 2 countries 5 Measures 2 countries 0 4 Measures 0 1 country 3 Measures 1 country 3 countries 2 Measures 6 countries 7 countries 1 Measure 22 countries 20 countries 0 Measures 18 countries 19 countries
ASSISTANCE NEEDS TO IMPLEMENT RESOLUTION 1540 (2004) IN AFRICA
Framework OP 7 of resolution 1540 Recognizes that some States may require assistance in implementing the provisions of this resolution within their territories and invites States in a position to do so to offer assistance as appropriate in response to specific requests to the States lacking the legal and regulatory infrastructure, implementation experience and/or resources for fulfilling the above provisions
Framework OP 19-20 of resolution 2325 (2016) 19. Urges States as well as relevant international, regional and sub-regional organizations to inform the 1540 Committee, as appropriate, of areas in which they are able to provide assistance, and calls upon States as well as such organizations, if they have not done so previously, to provide the Committee with information on their ongoing assistance programmes relevant to resolution 1540 (2004); 20. Urges the Committee to continue strengthening its role in facilitating technical assistance for implementation of resolution 1540 (2004), in particular by engaging actively in matching offers and requests for assistance, inter alia through a regional approach, where appropriate, as well as the holding of regional assistance conferences, which bring together States that request assistance with those offering assistance
Identification of assistance needs Chemical Nuclear Areas? Biological • Export controls, border controls • Nature of request: Equipment, training, legislative assistance • Presentation of reports • The assistance requests can come in various forms
Soft capacity building Hard capacity building Reporting, adapting the legal and regulatory framework, considering Deployment and use of the adoption of control detection and analysis lists, coordinating efforts, equipment, physical developing new working protection measures, methods, training relevant enhancement of stakeholders, developing enforcement capabilites mechanisms to involve the industry and the private sector...
Assistance – Africa • Today, 9 African countries request the assistance of the 1540 Committee on issues related to biological area. List of UN Member States Assistance • OIE has responded favorably to five African States requesting the assistance by 1540 Committee requests (Lesotho, Malawi, Niger, Togo and Zambia). 1. Cabo Verde 2. Rep. of Congo 3. Ethiopia • 4. Ghana 1540 Committee has developed a strong 5. Lesotho partnership with international organizations (BTWC- 6. Malawi ISU, EU, OIE, WHO) and many States providing 7. Niger 8. Togo assistance with a dedicated focus on Africa. 9. Zambia
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