9 September 2008

In the final plenary of its 2008 session, the Conference on Disarmament (CD) adopted its annual report to the General Assembly and heard statements from representatives of Finland, Pakistan, Viet Nam, the European Union, Switzerland, Colombia, the Group of 21,Argentina, China, and Venezuela.

Brief highlights

-The Conference adopted its annual report with minor revisions.

-Pakistan submitted its delegation's official position on the proposed programme of work as a formal document, CD/1851.

-China, Colombia, the European Union, Pakistan, and Venezuela welcomed the adoption of the report.

-Argentina, Colombia, the European Union, Finland, and Switzerland reiterated their support for the proposed programme of work,CD/1840.

-Argentina, China, Switzerland, Viet Nam, and the Group of 21 said the progress made in 2008 is a good foundation for next year.

-None of 2009's six incoming presidents indicated whether or not they would form a P6 consortium as the presidents have done in recent years.

-The Conference set the dates for its 2009 session: 19 January–27 March; 18 May–3 July; and 3 August–18 September.

Report of the CD
The CD adopted its annual report (CD/WP.550/Amend.1) in plenary after an hour-long informal meeting. Reportedly, minor changes were suggested and accepted during this meeting, including the changing of the word "progress" to "result" in paragraphs 37, 38, 43, 45, 47, 49, and 51 (requested by the Iranian delegation).

Note: Reaching Critical Will will post the final version report on our website as soon as we obtain a copy. With minor exceptions, the text is the same as the draft circulated on 26 August, CD/WP.550.

The final report provides an overview of the CD's 2008 session, including a list of participants; attendance and participation of non-CD member states; the agenda and programme of work for the 2008 session; expansion of the membership of the Conference; a review of the agenda of the Conference; improved and effective functioning of the Conference; communications from non-governmental organizations; and summaries of the substantive work of the session. The report also notes the dates of the CD's 2009 session: 19 January–27 March; 18 May–3 July; and 3 August–18 September.

Pakistan's ambassador described discussions and negotiations on the report as "brisk, transparent and productive." The European Union's representative said the EU would have liked the report to reflect the determination of the CD to maintain its potential as a negotiating forum, but decided to join consensus on the report because it accurately reflected the deliberations held in 2008. China's ambassador said the adoption of the report brought the CD's 2008 session to a "satisfactory conclusion."

Work of the CD
Perhaps in response to the Norwegian delegation's comment last week—"The longer the CD avoids negotiation on an FMCT, the more chances discussions will be held outside the CD. To us, the venue or fora, however, is of less importance"—Finland's incoming ambassador, Hannu Himanen, argued it is "not in anyone's best interest" for states "to turn to other ways of negotiating international disarmament commitments." However, Ambassador Jürg Streuli of Switzerland offered his support for the Norwegian delegation's 2 September statement, saying he agrees the CD needs serious reform. He "especially agree[s] that we should seriously reflect on the rules of procedure and the way the consensus principle can be used to disable progress on procedural matters," and is receptive to Norway's call for broader inclusion of civil society. Colombia's representative said that while cooperation within a diplomatic forum like the CD creates opportunities for dialogue, these opportunities must then be seized and acted upon. He said, "we have more than enough words, we now need to put those words into actions."

In his farewell statement to the CD, Ambassador Masood Khan of Pakistan argued that the stalemate in the CD is a result of "divergences in national security interests of CD members as perceived at the highest levels of decision making." He blamed "shifting priorities of the most influential actors" for limiting the results of the hard work of diplomats who are sent to the CD to represent these interests. He also argued that although the CD has not negotiated a treaty since 1996, it continues to act as "an active catalyst," as a "fulcrum for all disarmament-related activities in Geneva and beyond within the UN System." He also maintained that consensus is possible if diplomats' instincts tell "them that a particular issue is amendable to compromise." It seems, however, that if national security interests perceived at the highest levels determine a delegation's position in the CD, a diplomat's instincts can only go so far before power politics from above impose limits and rules on their hard work. See, for example, the recent developments in the Nuclear Suppliers Group, where six hold-out governments were "strong-armed" into capitulating to "consensus" to grant India an exemption from the Group's strict guidelines, undermining all previous nuclear non-proliferation and disarmament efforts in its wake.

Ambassador Hernandez of Venezuela, the current president of the CD, delivered the final statement of the plenary. He remarked that "form is as important as substance," saying that good form "calls for dialogue, a broad approach, extensive consultations, exclusiveness of all, a great deal of transparency, and above all, something that has always been a constant requirement, flexibility." He argued that the CD "acted accordingly" this year. Yet he also acknowledged his concern with the continuing struggle of adopting a programme of work and urged delegations to put in "greater efforts" in 2009 to reach this goal.

Looking towards 2009
The six rotating presidents for 2009 will be Viet Nam, Zimbabwe, Algeria, Argentina, Australia, and Austria. Representatives from three of these delegations addressed the final plenary. The representative of Viet Nam, scheduled to be the first rotating president of the CD's 2009 session, indicated is delegation intends to conduct consultations during the intersessional period with all CD members "with the view to taking powerful steps to start the Conference next year," and indicated that the six presidents of 2008 and the six of 2009 will cooperate to facilitate a smooth transition. The representative of Argentina emphasized that his delegation is keen to build on the work of the 2008 session. The ambassador of Zimbabwe spoke on behalf of the Group of 21, pledging its commitment to ensuring the 2009 session is "fruitful".

Ambassador Streuli of Switzerland noted that one of the most positive developments in the CD over the past few years has been the cooperation between the six rotating presidents. He encouraged the six incoming presidents to work together on the P6 platform in 2009. However, none of the six incoming presidents have confirmed they will work in this manner.

Note on last week's report: US response to the draft treaty banning space weapons
One criticism by the US delegation about the draft treaty mentioned in RCW's overview is that "No sovereign government would agree to a legally-binding instrument in which its national security interests could be jeopardized by a simple majority of subscribing States exercising their amendment rights." However, the United States, along with 124 other states, has ratified the Partial Test Ban Treaty, which says in Article II(2), "Any amendment to this Treaty must be approved by a majority of the votes of all the Parties to this Treaty, including the votes of all of the Original Parties. The amendment shall enter into force for all Parties upon the deposit of instruments of ratification by a majority of all the Parties, including the instruments of ratification of all of the Original Parties." Thanks to Aaron Tovish of Mayors for Peace for pointing out this discrepancy in the United States' analysis.

Overall assessment of the CD's 2008 session
In short, 2008 saw a number high-level statements, another anti-satellite test by a CD member state, and another proposed programme of work. Some highlights included the International Women's Day Seminar statement and report, the opportunity to discuss nuclear forces in Europe, and the Russia and China draft treaty banning space weapons. Overall, of course, the end of the 2008 session marks another year without a programme of work—another year of frustration and disappointment, another year of rising military expenditures, violent armed conflict, and insecurity. Noting many suggestions for CD reform from delegations, non-government experts, and the United Nations Institute for Disarmament Research, and noting the success of the Convention on Cluster Munitions that was negotiated outside of the CD, WILPF urges delegations and citizens alike to work for CD reform during the intersessional period and at the beginning of the 2009 session to ensure that next year is not another wasted year paid for by the victims of armed violence and obscene military expenditures.

- Ray Acheson, Reaching Critical Will