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WORKSHOP ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 1540 (2004) IMPLEMENTATION OF RESOLUTION 1540 (2004) IN AFRICA: AN OVERVIEW ADDIS ABABA, ETHIOPIA, 10 DECEMBER 2013 BENNIE LOMBARD MEMBER GROUP OF EXPERTS ASSISTING 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 • Reporting • 1540 Matrix Overview • Status of 1540 Implementation in Africa • 1540 Annual and Comprehensive Review • Points of Contact

REPORTING Resolution 1540 (2004) “4. …. calls upon States to present a first report no later than six months from the adoption of this resolution to the Committee on steps they have taken or intend to take to implement this resolution” Resolution 1673 (2006) “3. Encourages all States that have submitted such reports to provide, at any time or upon the request of the 1540 Committee, additional information on their implementation of resolution 1540 (2004)” Resolution 1977 (2011) “7. …….including, voluntarily , on States' effective practices ” Resolution 2118 (2013) “14. Decides that Member States shall inform immediately the Security Council of any violation of resolution 1540 (2004),

REPORTING • KEY ELEMENTS – Voluntary on 1540 implementation REPORTING STATISTICS – Obligatory regarding violations of – 171 National Reports submitted resolution 1540 (2004) – 22 States yet to submit a report – No specific format – 18 of these States from Africa – Some States use 1540 Matrix as a reporting tool – 3 of these States from Asia – Focus on steps taken or steps to be taken to implement resolution – 1 State from Caribbean – Provide any additional information – Inform the Committee of States’ effective practices in implementing resolution

REPORTING • VALUE OF REPORTING – Provides accurate information on status of implementation – Provides opportunity for States to inform the Committee of what they have done or intend to do to meet 1540 obligations and of specific assistance needs – Provides the Committee with information to guide their dialogue with States – Provides the Committee with information on where assistance may be required

1540 MATRIX OVERVIEW • In use since 2005 . Primary method used by the 1540 Committee to organize information about 1540 implementation by Member States • Reference tool for facilitating technical assistance and enhanced dialogue with States. Not a tool for measuring compliance of States with their non-proliferation obligations • Information on voluntary commitments is for reporting purpose only and does not constitute in any way a legal obligation arising from resolution 1540 or its successive resolutions • Origin of Information: National Reports, Official Government Information, Intergovernmental Organizations • 1540 Group of Experts prepare Matrix for each UN Member State. Approval by the 1540 Committee . • Last approval done in 2010 , updating a continues process . Posted on 1540 website with State’s consent.

1540 MATRIX OVERVIEW • Matrix covers 5 Main Areas (Worksheets): – OP 1 and related matters from OP 5, OP 6, OP 8 (a), (b), (c) and OP 10 – OP 2 – OP3 (a) and (b) – OP3 (c) and (d) – OP 6, 7 and 8 (d) • Total of 389 fields . OP 2 and OP 3 also include two additional fields on National Legal Framework and Enforcement • Each Field have 3 possible inscriptions. Not indicative of compliance, evidence only – X : Relevant measure taken or specific reference found – ? : Measure taken but question about pertinence or copy of legislation not available – Blank : No information

1540 MATRIX OVERVIEW First Worksheet • Legal, Technical, Scientific Developments since 2005 require Re-ordered : Legally binding instruments, Template review codes of conduct, arrangements, Statements • 2013 Approved New Template Worksheets on OP2 and OP3 Reduced number of pages (18 to – 12) and follows resolution One table in each section containing the structure (BCN to NCB) common areas of the nuclear, chemical and biological weapons fields, thus giving – Four Explanatory notes (Explaining “Other” and a simplified view of these fields Description of Delivery System and related Materials Worksheet on OP6, 7 and 8(d) – One Hyperlink to BWC CBM Additional fields : Engagement with Industry, Information on Points of Contact

OP 2 - Nuclear Weapons (NW) EXAMPLE Enforcement: civil/criminal penalties Does national legislation exist National legal framework and others which prohibits persons or entities to engage in one of the following Remarks if YES, indicate source if YES, indicate source activities ? Can violators be YES document of national YES document penalized ? implementation law NW: 1. POCDATRA Act no. NW: 33/2004, Chapter 3 3. possess x 1. POCDATRA Act no. 33/2004, x 2. Police Service Chapter 2 Amendment Act 2008 no. 57/2008

OP 2 - Nuclear Weapons (NW), Chemical Weapons (CW) and Biological Weapons (BW) EXAMPLE Does national National legal framework Enforcement: civil/criminal penalties and others legislation exist which prohibits persons or YES YES entities to engage in Remarks one of the following if YES, source document of national if YES, source document activities ? Can implementation law N C B N C B violators be penalized W W W W W W ? NW: NW: EXAMPLE 1. POCDATRA Act no. 33/2004, 1. POCDATRA Act no. 33/2004, Chapter 2 Chapter 3 2. Police Service Amendment Act 2008 no. 57/2008 CW: CW: 1. POCDATRA Act no. 33/2004, 1. POCDATRA Act no. 33/2004,Chapter Chapter 2 3 2. Non-Proliferation Act no. 87/1993, 2.Non-Proliferation Act no. 87/1993, sec secs 13 and 27 26 - offences and penalties 3. Police Service Amendment Act 2008 3 possess X X X X X X no. 57/2008 BW: BW: 1. Non-Proliferation of Weapons of 1. POCDATRA Act no. 33/2004, Mass Destruction Act no. 87/1993, sec Chapter 2 27 2. Non-Proliferation Act no. 87/1993, 2. POCDATRA Act no. 33/2004, sec 26 - offences and penalties Chapter ? 3. Police Service Amendment Act 2008 3. Notice No. 19 of 3 February 2010 no. 57/2008

1540 MATRIX OVERVIEW

ADHERENCE BY AFRICAN STATES TO NON-PROLIFERATION INSTRUMENTS RELEVANT TO RESOLUTION 1540 (2004) 79% - 72% - Biological 98% - Nuclear 91% - Chemical 63% - Convention Comprehensive Weapons Non-Proliferation Weapons on the Physical Nuclear-Test-Ban Convention Treaty Convention Protection of Treaty (CTBT) (BWC) (CWC) National Nuclear Material Authority (CPPNM) 63% - 1925 83% - 80% - IAEA 67% - Hague 67% - Nuclear- Geneva Protocol International Safeguards Code of Conduct Weapon Free (GP) Atomic Energy Agreement (HCOC) Zones Agency (IAEA)

Biological Weapons Convention (BWC) 39 Chemical Weapons Convention (CWC) National Authority 49 TREATIES Comprehensive Nuclear-Test-Ban Treaty 42 Nuclear Non-Proliferation Treaty 53 Convention on the Physical Protection of Nuclear 34 Material (CPPNM) Geneva Protocol (GP) 34 International Atomic Energy Agency (IAEA) 45 OTHERS IAEA Safeguards Agreement 43 Hague Code of Conduct (HCOC) 36 Nuclear-Weapon Free Zones 36 54 0 20 40

Number of African States OP2 – NUCLEAR WEAPONS 22 manufacture/produce 8 22 acquire 6 8 possess 8 5 stockpile/store 3 4 develop 2 10 transport 10 8 transfer 6 19 use 13 19 participate as an accomplice 11 20 assisting 11 24 financing 13 activities related to means of 1 National Legal Framework 1 delivery involvement of non-State Enforcement 16 6 actors 54 0 20 40

Number of African States OP2 – CHEMICAL WEAPONS 28 manufacture/produce 19 30 acquire 19 18 possess 17 27 stockpile/store 17 28 develop 17 9 transport 12 30 transfer 19 32 use 21 23 participate as an accomplice 15 31 assisting 20 26 financing 15 activities related to means of 1 National Legal Framework 1 delivery involvement of non-State 20 Enforcement 10 actors 54 0 20 40

Number of African States OP2 –BIOLOGICAL WEAPONS 21 manufacture/produce 8 19 acquire 7 9 possess 6 19 stockpile/store 5 19 develop 7 10 transport 7 20 transfer 7 21 use 12 20 participate as an accomplice 11 20 assisting 11 23 financing 13 activities related to means of 17 National Legal Framework 3 delivery involvement of non-State 16 Enforcement 7 actors 54 0 20 40

Number of African States OP3 A) B) – NUCLEAR WEAPONS 34 Measures to account for production 12 35 Measures to account for use 13 35 Measures to account for storage 12 11 Measures to account for transport 8 10 Measures to secure production 8 11 Measures to secure use 11 11 Measures to secure storage 10 12 Measures to secure transport 12 National Legal Framework Regulations for physical 9 protection of Enforcement 5 facilities/materials/transports 0 20 40 54

Number of African States OP3 A) B) – CHEMICAL WEAPONS 14 Measures to account for production 14 14 Measures to account for use 13 14 Measures to account for storage 14 10 Measures to account for transport 10 6 Measures to secure production 6 6 Measures to secure use 8 7 Measures to secure storage 7 6 Measures to secure transport 8 National Legal Framework Regulations for physical 3 protection of Enforcement 3 facilities/materials/transports 54 0 20 40