United Nations Security Council Resolution 1540 United Nations - - PowerPoint PPT Presentation

Regional Workshop on National Implementation of the Biological W Regional Workshop on National Implementation of the Biological Weapons Convention eapons Convention for Eastern Europe for Eastern Europe, 27 , 27-

• 29 May, 2013, Kiev, Ukraine

29 May, 2013, Kiev, Ukraine

Dana Perkins, PhD Dana Perkins, PhD 1540 Committee Expert 1540 Committee Expert

United Nations Security Council Resolution 1540 and the Biological Weapons Convention: Synergy and Convergence United Nations Security Council Resolution 1540 United Nations Security Council Resolution 1540 and the Biological Weapons Convention: and the Biological Weapons Convention: Synergy and Convergence Synergy and Convergence

Unless otherwise specified, the opinions presented here are those of the presenter and may not necessarily reflect the views of the 1540 Committee, its Group of Experts, or the UN Security Council

Human Security Human Security

“Human security calls for people-centred, comprehensive, context-specific and prevention-

• riented responses that strengthen

the protection and empowerment of all people and all communities “-- UNGA/RES/66/29 (2012)

Human Security Human Security

United Nations United Nations

Development Peace and Security Peace and Security Human Rights

Opportunity to further develop the concept of human security as an

• perational tool for WMD non-

proliferation policy formulation and the implementation of concrete programs of action to address critical and pervasive threats to human security posed inter alia by terrorism and misuse of S&T.

Human Security, Public Health, and Human Security, Public Health, and the Global Nonproliferation Regime the Global Nonproliferation Regime

• Disease threats to individuals and populations connect public health with the human

security concept

• WHO: ‘the health of all peoples is fundamental to the attainment of peace & security’
• UN Security Council: HIV/AIDS is a threat to international peace and security
• “Threats of biological weapons proliferation among state and non-state actors led many

countries…to see national and international public health capabilities as critical national security assets should responses to biological violence be required”- - Global Health Europe

• Both the state-centric traditional paradigm of national security and the individual-centric

concept of human security illustrate the political importance of public health

• The connection between health and security is subject to many arguments and rhetoric

about ‘securitization of public health securitization of public health’

• Bringing the discussions about public health and the “One Health” concept into the

realm of security policy (‘healthification of security healthification of security’ ’? ?) ) will serve to identify ways and means of integrating national strategies, action plans, and assistance mechanisms to counter biological threats, whether natural, accidental or deliberate

Resolution 1540 (2004): A Response to Threats Resolution 1540 (2004): A Response to Threats to International Peace and Security to International Peace and Security

• Adopted by the Security Council on 28 April

2004 under Chapter VII of the UN Charter which affirms that the proliferation of nuclear, chemical and biological biological weapons and their means of delivery constitutes a threat to i n t e r n a t i o n a l p e a c e a n d s e c u r i t y

• Obliges States, inter alia, to refrain from

supporting by any means non non-

• State actors

State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons a n d t h e i r d e l i v e r y s y s t e m s

Action with Respect to Threats To the Peace, Action with Respect to Threats To the Peace, Breaches of the Peace, and Acts of Breaches of the Peace, and Acts of Aggression Aggression

Article 39 Article 39

The Security Council shall The Security Council shall determine the existence of any determine the existence of any threat to the peace, breach of the threat to the peace, breach of the peace, or act of aggression and peace, or act of aggression and shall make recommendations, or shall make recommendations, or decide what measures shall be decide what measures shall be taken taken… … to maintain or restore international peace and security.

Article 41 Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon it may call upon the Members of the United Nations the Members of the United Nations to apply such measures to apply such measures…

UN Charter, Chapter VII, Articles 39 UN Charter, Chapter VII, Articles 39-

• 51

51

Resolution 1540 (2004): Resolution 1540 (2004): Binding Obligations on All States Binding Obligations on All States

Security Council Meets on Non Security Council Meets on Non-

• Proliferation of WMDs

Proliferation of WMDs UN Photo / Eskinder Debebe, 28 April 2004 UN Photo / Eskinder Debebe, 28 April 2004

Resolution 1540 (2004) imposes binding obligations on all States to adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons biological weapons, and their means of delivery, and establish establish appropriate domestic controls over appropriate domestic controls over related materials related materials to prevent their illicit trafficking.

“… ensure the safety and security of microbial or other biological agents or toxins in laboratories, facilities, and during transportation, to prevent unauthorized access to and removal of such agents or toxins…”- BWC Article IV, Final Declaration of BWC States Parties at the 7th Review Conference,

http://www.unog.ch/bwc

BWC and resolution 1540 (2004) are BWC and resolution 1540 (2004) are mutually reinforcing mutually reinforcing

“ The [BWC 7th Review ] Conference noted that “information provided to the United Nations by states in accordance with Resolution 1540 may provide a useful resource for States Parties in fulfilling their

• bligations under this Article [4] ” – Final Declaration of BWC States

Parties at the 7th Review Conference, http://www.unog.ch/bwc “ Resolution 1540 (2004) calls upon States to renew and fulfill their commitment to multilateral cooperation, in particular within the framework of the International Atomic Energy Agency, the Organization for the Prohibition of Chemical Weapons and the Biological and Toxin Weapons Convention, as important means of pursuing and achieving their common objectives in the area of non-proliferation and of promoting international cooperation for peaceful purposes ”, UN Security Council Resolution 1540 (2004), http://www.un.org/sc/1540

Definitions for the purpose of Definitions for the purpose of resolution 1540 (2004) resolution 1540 (2004)

• Means of delivery:

Means of delivery: missiles, rockets and other unmanned systems capable of delivering nuclear, chemical, or biological weapons, that are specially designed for such use

• Non

Non-

• State actor:

State actor: individual or entity, not acting under the lawful authority of any State in conducting activities which come within the scope of this resolution

• Related materials:

Related materials: materials, equipment and technology covered by covered by relevant multilateral treaties and arrangements, relevant multilateral treaties and arrangements,

• r included on national control lists
• r 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 (2004) and Resolution 1540 (2004) and national control lists national control lists

“[ The Security Council ] acting under Chapter VII of the Charter of the United Nations: … 6. Recognizes the utility in implementing this resolution of effective national control lists and calls upon all Member States, when necessary, to pursue at the earliest

• pportunity the development of

such lists…” - UN Security Council

Resolution 1540 (2004), http://www.un.org/sc/1540

National legislation on prohibitions (OP.1 & 2) Domestic controls and enforcement (OP. 3a & 3b)

• Accounting for, securing, physical protection
• Border controls
• Export and trans-shipment controls

Assistance (OP. 7) Promotion & implementation of multilateral

treaties (OP. 8)

Promotion of dialogue & cooperation (OP. 9 & 10) Reporting to the 1540 Committee (OP. 4)

Resolution 1540 (2004) Resolution 1540 (2004)-

• Highlights

Highlights

OP = Operative Paragraph of Resolution 1540 (2004)

• The 1540 Committee is a

subsidiary body of the Security Council

• The current Group of Experts

Group of Experts

was established per resolutions 1977 (2011) and 2055 (2012) “ “to assist the to assist the Committee in carrying out its Committee in carrying out its mandate mandate…” …”

The 1540 Committee The 1540 Committee The 1540 Committee

1540 Committee Chair (ROK) 1540 Committee Member 1540 Group of Experts Member

The Committee established pursuant to OP. 4 of res. 1540 (2004) is known as

the the 1540 Committee 1540 Committee

The The 1540 Architecture 1540 Architecture

Regional and sub-regional seminars and workshops 1540 1540 Committee Committee WG WG Monitoring Monitoring & nat & nat’ ’l l impl. impl. WG WG Assistance Assistance WG WG

Cooperation Cooperation w/ int w/ int’ ’l org. l org. 1267 & 1373 1267 & 1373

WG WG Transparency Transparency & media & media

• utreach
• utreach

Aide Aide-

• M

Mé émoire moire

25 April 2021 25 April 2021

2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015

12th POW: 01 June ‘13 - 31 May ‘14 The 2011 review on the implementation of resolution 1540 (2004) The 2012 review on the implementation of resolution 1540 (2004) Report on compliance with resolution 1540 (2004) requirements Report on compliance with resolution 1540 (2004) requirements Report on compliance with resolution 1540 (2004) requirements

First Chair report 2005 Chair report

Comprehensive Review Comprehensive Review NLT Dec 2016

Monitoring national Monitoring national implementation implementation

• States

States’ ’ national national reports and reports and updates updates

• States

States’ ’ national national points of contact points of contact

• States

States’ ’ voluntary voluntary national action national action plans plans

• Visits to States

Visits to States at their invitation at their invitation

• Country

Country-

• specific

specific activities and activities and dialogue dialogue

• Committee

Committee’ ’s s 1540 matrix 1540 matrix

Assistance and Assistance and cooperation cooperation Transparency and Transparency and

• utreach
• utreach

Reporting to the Reporting to the Security Council Security Council

The 1540 Process The 1540 Process

The Group of Experts supports the process The Group of Experts supports the process

• Matchmaking of

Matchmaking of requests and offers of requests and offers of assistance assistance

• Request for assistance

Request for assistance template for States template for States

• Cooperation with 1267 &

Cooperation with 1267 & 1373 committees & IROs 1373 committees & IROs

• Committee members

Committee members and experts and experts’ ’ participation in participation in

• utreach events
• utreach events
• 1540 Committee

1540 Committee website website

• 1540 Compass

1540 Compass journal journal

• Committee

Committee’ ’s annual s annual Program of Work Program of Work

• Annual review on the

Annual review on the implementation of implementation of resolution 1540 resolution 1540 (2004) (2004)

• Biannual briefing on

Biannual briefing on cooperation between cooperation between the Security Council the Security Council Committees 1267, Committees 1267, 1373, and 1540 1373, and 1540

The 1540 Matrix The 1540 Matrix

• Information originates primarily from national reports as complemented by official

government information, including that from intergovernmental organizations

• 382 “fields” covering national activities related to the 1540 operative paragraphs
• The national matrices are prepared and used by the 1540 Committee but national

authorities may also utilize the template to identify gaps and areas that need to identify gaps and areas that need improvement improvement

• National matrices are used as a reference tool for facilitating technical assistance

and the Committee’s constructive dialogue with States on their

• 192 matrices were approved by the Committee in 2010; 179 are posted online

http://www.un.org/en/sc/1540/national-implementation/1540-matrix/committee-approved-matrices.shtml

• Measures to account for / secure

account for / secure production, use, storage, and production, use, storage, and transport transport

• Regulations for physical protection

physical protection

• f facilities / materials / transports
• f facilities / materials / transports
• Licensing / registration of facilities /

Licensing / registration of facilities / people people handling bio materials

• Reliability check of personnel

Reliability check of personnel

• Measures to account for / secure /

account for / secure / physically protect means of delivery physically protect means of delivery

• Regulations for genetic engineering

Regulations for genetic engineering work work

• Other legislation / regulations related

Other legislation / regulations related to safety and security of biological to safety and security of biological materials materials

Domestic control of BW Domestic control of BW-

• related materials & means of delivery

related materials & means of delivery (resolution 1540, Operative Paragraphs 3 a & b) (resolution 1540, Operative Paragraphs 3 a & b)* *

* 1540 matrix fields

EXCERPT FROM THE NEW MATRIX TEMPLATE EXCERPT FROM THE NEW MATRIX TEMPLATE Reference to BWC CBMs

Select Data Analysis of Select Data Analysis of 1540 Committee 1540 Committee-

• approved Matrices

approved Matrices

* 2010 data * 2010 data

17

Status of reporting to the 1540 Committee Status of reporting to the 1540 Committee

• States are called upon to submit a first

report to the 1540 Committee on steps they have taken or intend to take to implement resolution 1540 (2004)

• States that have already submitted such

report are encouraged to provide additional information when appropriate

• r upon the request of the Committee

List of States yet to submit a first report as of 20 May 2013

• 1. Cape Verde
• 2. Central African Republic
• 3. Chad
• 4. Comoros
• 5. DPRK
• 6. Equatorial Guinea
• 7. Gambia
• 8. Guinea
• 9. Guinea-Bissau
• 10. Haiti
• 11. Lesotho
• 12. Liberia
• 13. Malawi
• 14. Mali
• 15. Mauritania
• 16. Mozambique
• 17. Sao Tome and Principe
• 18. Solomon Islands
• 19. Somalia
• 20. South Sudan
• 21. Swaziland
• 22. Timor-Leste
• 23. Zambia
• 24. Zimbabwe

List of States yet to submit a first report as of 20 May 2013

• 1. Cape Verde
• 2. Central African Republic
• 3. Chad
• 4. Comoros
• 5. DPRK
• 6. Equatorial Guinea
• 7. Gambia
• 8. Guinea
• 9. Guinea-Bissau
• 10. Haiti
• 11. Lesotho
• 12. Liberia
• 13. Malawi
• 14. Mali
• 15. Mauritania
• 16. Mozambique
• 17. Sao Tome and Principe
• 18. Solomon Islands
• 19. Somalia
• 20. South Sudan
• 21. Swaziland
• 22. Timor-Leste
• 23. Zambia
• 24. Zimbabwe

* Data as of 20 May 2013

• No. of States with
• ne report: 69
• No. of States with

two or more reports: 100

• No. of non-reporting

States: 24

National Coordination Issues National Coordination Issues

• Each State may establish specific

Each State may establish specific

• versight or management
• versight or management

responsibilities responsibilities within one or more within one or more Ministries Ministries to effectively address the to effectively address the implementation of resolution 1540 implementation of resolution 1540 (2004) requirements (2004) requirements

• Some States chose to establish

Some States chose to establish inter inter-

• agency/inter

agency/inter-

• ministerial

ministerial working groups or committees to working groups or committees to coordinate 1540 implementation coordinate 1540 implementation and reporting and reporting

http://www.un.org/en/sc/1540/national http://www.un.org/en/sc/1540/national-

• implementation/pdf/information

implementation/pdf/information-

• note

note-

• washington

washington-

• dc

dc-

• september

september-

• 2011

2011-

• 32.pdf

32.pdf US visit, Dept. of Agriculture US visit, Dept. of Agriculture laboratory laboratory US visit, Dept. of Health & Human US visit, Dept. of Health & Human Services, BSL Services, BSL-

• 4 training facility

4 training facility Trinidad and Tobago visit: Acting Prime Minister Winston Dookeran, right, speaks to Kim Sook, chairman of the UN Security Council —Photo: Jermaine Cruickshank

What is a 1540 Action Plan ? What is a 1540 Action Plan ?

• A

A “ “1540 Action Plan 1540 Action Plan” ” or a

• r a “

“National Implementation Action Plan National Implementation Action Plan” ” is a voluntary is a voluntary proposal which identifies priorities for action within Ministrie proposal which identifies priorities for action within Ministries and across government s and across government for effective implementation of resolution 1540 (2004) for effective implementation of resolution 1540 (2004)

• A National Implementation Action Plan may benefit from an

A National Implementation Action Plan may benefit from an inter inter-

• Ministerial

Ministerial coordination of priorities coordination of priorities thus ultimately leading to the effective implementation of thus ultimately leading to the effective implementation of the required legislative and enforcement measures the required legislative and enforcement measures

• Priorities vary from State to State; different

Priorities vary from State to State; different models models exist for choosing priorities, exist for choosing priorities, considering inter alia: considering inter alia:

• Strategic issues and/or

Strategic issues and/or

• Greatest threats and vulnerabilities

Greatest threats and vulnerabilities

• Coordination across Ministries may also serve to pinpoint specif

Coordination across Ministries may also serve to pinpoint specific or cross ic or cross-

• sectoral

sectoral areas that need to be strengthened and/or require the preparatio areas that need to be strengthened and/or require the preparation of a n of a Request for Request for Assistance Assistance

• The inter-agency/inter-ministerial process of drafting a national

implementation action plan is in itself value-added to intra-governmental coordination

Six elements for a successful Six elements for a successful action plan action plan

• Conducting

Conducting a gap analysis a gap analysis (the 1540 matrix may be a useful (the 1540 matrix may be a useful checklist) checklist)

• Establishing

Establishing priorities for closing gaps priorities for closing gaps

• Ascertaining why these gaps exist and potential

Ascertaining why these gaps exist and potential challenges or challenges or

• pportunities
• pportunities associated with closing the gaps

associated with closing the gaps

• Identifying potential

Identifying potential courses of action courses of action that would help close that would help close the gaps, and making an appropriate choice the gaps, and making an appropriate choice

• Executing the appropriate

Executing the appropriate actions actions

• Evaluating the steps taken,

Evaluating the steps taken, using this information using this information to apply to apply corrective actions, corrective actions, adjust or further the plan adjust or further the plan and and implementation measures implementation measures

Identifying synergy and convergence between the 1540 action plan Identifying synergy and convergence between the 1540 action plan and other national strategies and other national strategies and plans (e.g. national counterterrorism strategy, national act and plans (e.g. national counterterrorism strategy, national action plan for implementation of the ion plan for implementation of the International Health Regulations or BWC) may bring together vari International Health Regulations or BWC) may bring together various (apparently disparate)

• us (apparently disparate)

governmental efforts and maximize the use of national resources governmental efforts and maximize the use of national resources (personnel, capabilities, etc) (personnel, capabilities, etc)

National Implementation Action Plans National Implementation Action Plans

• - Excerpts

Excerpts --

• http://www.un.org/en/sc/1540/national

http://www.un.org/en/sc/1540/national-

• implementation/national

implementation/national-

• action

action-

• plans.shtml

plans.shtml

Resolution 1540 (2004) BWC

Applicability: All 193 UN Member States 170 States Parties Purpose: To prohibit non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems To prohibit the development, production, acquisition, transfer, stockpiling and use

• f biological and toxin weapons

Obligations: Refrain from supporting by any means non-State actors from developing, acquiring, manufacturing, possessing, transporting, transferring or using nuclear, chemical or biological weapons and their delivery systems; adopt legislation to prevent the proliferation of nuclear, chemical and biological weapons, and their means of delivery, and establish appropriate domestic controls over related materials to prevent their illicit trafficking Any necessary measures to prohibit and prevent the development, production, stockpiling, acquisition, retention, transfer or use of biological weapons by anyone under States Parties’ jurisdiction; and measures to prohibit/prevent encouraging, inciting or assisting others in any of these acts Entry into force: 28 April 2004 26 March 1975 Reporting/where/when: Status of implementation / 1540 Committee / voluntary, “without delay” CBMs voluntary reporting / BWC ISU / annually by 15 April Other reporting: Points of contact, national implementation action plans Points of contact, reports to RevCons Transparency and civil society participation: National reports/updates from 169 reporting States and 179 out of 192 approved matrices posted online; closed committee meetings 69 CBM returns in 2012 (22 on the public ISU website); open MX and MS Assistance database/ clearinghouse role: Yes / 1540 Committee Yes / BWC ISU Verification mechanism: No No Sanctions for non- compliance No No Voluntary peer-review mechanism: Pending No

Synergy and convergence at a glance Synergy and convergence at a glance

“ “The 1540 Committee has a key The 1540 Committee has a key role to play in ensuring that the role to play in ensuring that the world is a safe place and in world is a safe place and in allowing people in every country allowing people in every country to pursue their lives free of fear to pursue their lives free of fear

• f catastrophic attack by
• f catastrophic attack by

non non-

• State actors

State actors…” …”

The UN Secretary General, Ban Ki-Moon Remarks at dinner hosted by the Permanent Representative of Saudi Arabia on the occasion of the high-level event on Security Council resolution 1540 (2004), New York, 10 December 2012

… … and that means a significant contribution to achieving human se and that means a significant contribution to achieving human security curity… …

Dana Perkins, PhD Dana Perkins, PhD

1540 Committee Expert 1540 Committee Expert United Nations United Nations 300 East 42 300 East 42nd

nd St., Suite IN

St., Suite IN-

• 03074H

03074H New York, NY 10017 New York, NY 10017 Tel: +1 (917) 367 6023 (office) Tel: +1 (917) 367 6023 (office) E E-

• mail:

mail: PerkinsD@un.org erkinsD@un.org

Contact information for Contact information for questions or comments: questions or comments:

Collective e Collective e-

• mail: 1540experts@un.org

mail: 1540experts@un.org Website: http://www.un.org/sc/1540 Website: http://www.un.org/sc/1540