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Programmes of work and nuclear tests: The importance of good diplomacy

At the Conference on Disarmament (CD)’s 26 May plenary meeting, 25 delegations took the floor to discuss either or both the proposed programme of work and the Democratic People’s Republic of Korea’s nuclear test of 25 May. In addition, the president of the CD and several other delegations bid farewell to Ambassadors Sumio Tarui of Japan and Johannes Landman of the Netherlands.

Brief highlights
The ambassador of the Netherlands announced that the government has decided to “abolish” its dedicated CD ambassador.

The delegations of the Australia, Canada, Colombia, Egypt, France, Germany, Hungary, Japan, Nigeria, Norway, the Republic of Korea, the Russian Federation, Slovakia, the Syrian Arab Republic, Turkey, the United Kingdom, the United States, andVenezuela voiced their support for CD/1863, the proposed programme of work.

The delegation of India announced it is waiting instructions from its capital on CD/1863.

Japan suggested ways the Conference could ensure the programme of work is carried over to subsequent CD sessions.

The delegations of Argentina and Brazil, Japan, New Zealand, and the Republic of Korea condemned the Democratic People’s Republic of Korea’s nuclear test of 25 May. The delegations of Australia, Canada, China, Hungary, Norway, and Venezuela also expressed concern about the test.

Support for CD/1863
Ambassador Hamoui of the Syrian Arab Republic noted the “increased desire for dialogue, engagement, and negotiations” related to nuclear weapons. Welcoming this development, he announced his delegation’s support for CD/1863. Likewise, Canada’s Ambassador Grinius said the CD needs to seize the opportunity afforded by recent developments and the positive atmosphere by adopting the proposed programme of work. Ambassador Hernandez of Venezuela also noted the “new momentum” in the CD and said CD/1863 contains the necessary elements for adoption. Ambassador Millar of Australia welcomed the improved international atmosphere and noted consensus on CD/1863 is very close. The French ambassador, Eric Danon, welcomed the growing consensus around CD/1863 and urged all delegations to join this consensus.

Turkey’s Ambassador Üzümcü described CD/1863 as “the culmination of the combined efforts of all CD members, which gained momentum in recent years to overcome the 12 year old deadlock.” He encouraged the CD members to “aim at bridging our differences,” to “focus on the commonalities,” and to demonstrate flexibility “not only for reaching consensus on CD 1863, but for the course of action that should follow it, as well.”Ambassador Pinter of Slovakia likewise urged member states to join consensus on this “well crafted compromise,” noting that the “stakes are extremely high, not only for the Conference on Disarmament itself but for the whole process of making the world a safer place.” Encouraging adoption of CD/1863, Germany’s Ambassador Brasack argued that investing energy into substantial issues served the international community better than spending time debating logistical and administrative issues.

Support with criticism
Ambassador Badr of Egypt noted that CD/1863 included the positive elements of past drafts while managing to avoid their stumbling blocks. He noted, however, that complete and nuclear disarmament and the establishment of a nuclear weapon free zone in the Middle East remain priorities for his delegation. Colombia’s delegation also said that while the proposal did not reflect all of its priorities, it was a balanced draft and its adoption is essential. Nigeria’s delegation said that while it supports CD/1863, the proposal is not a “silver bullet” and does not adequately reflect Nigeria’s priority, negative security assurances.

While announcing its support for CD/1863, the Ambassador Loshinin of the Russian Federation said his delegation would have preferred clearer language on the negotiation of a treaty regarding the prevention of an arms race in outer space. However, with a view to compromise, the Russian delegation would not object to the draft.

The programme of work and an FCMT
Speaking on his last day at the CD, Ambassador Sumio Tarui of Japan cautioned that negotiating a verifiable fissile materials cut-off treaty (FMCT), as called for in CD/1863, “may indeed present difficult technical issues.” However, he noted that the Japanese delegation submitted a working paper in 2006 suggesting possible ways to verify an FMCT. Ambassador Tarui announced his delegation’s acceptance of CD/1863 and urged other member states to support it. However, he argued that while “Japan is ready to start negotiations anytime,” the conclusion of FMCT negotiations within the 2009 session “cannot be considered realistic.” He suggested the Conference “agree this year to a negotiating mandate and a work schedule for the sessions from next year and beyond.” To this end, he argued that the CD’s rules of procedure would allow for the Conference to make a “consensus decision to carry over this year’s agreement on a programme of work into the next until negotiations are concluded,” or to “include in the annual report the Conference’s intention or strong expectation” to carry it over.

Ambassador Larson, Chargé d’Affaires of the US delegation to the CD, agreed that the negotiation of an FMCT will not be easy. However, he affirmed that CD/1863 contains the “means by which those negotiations can begin.” He also noted that while the US delegation supported (and even preferred) CD/1840, it recognizes that CD/1863 “reflects the considerable effort exerted by the P6 to produce an evolved and finely balanced document which now has the solid prospect of achieving full consensus.” He announced that the United States is ready to join consensus on the text.

Next steps for CD/1863
The current president of the CD, Ambassador Jazaïry of Algeria, said that if support for the proposed programme of work continued to grow, he hoped the Conference could move to an “early” decision the text. Ambassador Jazaïry noted that he and the other presidents have met with several regional groups and would meet with China tomorrow afternoon, concluding the regional consultations. Any states would be welcome to meet with the P6 or the president after that. He said that all delegations except two, which are still awaiting guidance from their capitals, had expressed support “one way or another” for CD/1863.

Responses to the DPRK nuclear test
Ambassador Im of the Republic of Korea called on the international community to “send a clear and strong message to the DPRK for its blatant violation of the UN Security Council Resolution,” explaining that it will stay in close communication with the members of the Six Party Talks “to ensure that appropriate measures are taken by the UN Security Council.” He also urged the DPRK “to abandon its nuclear weapons and all nuclear programs, immediately return to the NPT regime and faithfully comply with international norms as a responsible member of the international community.”

Ambassador Tarui of Japan argued that a “nuclear test by the DPRK ... constitutes a grave threat to the security of Japan, seriously undermines the peace and security of North East Asia and the world, and is totally unacceptable.” Canada’s Ambassador Grinius also described the test as a “threat to international security” and New Zealand’s delegation said it was “a deeply provocative act that risks destabilizing the Korean peninsula and the wider region.” Norway’s representative warned that the nuclear test could undermine efforts toward nuclear disarmament and non-proliferation.

Russia’s Ambassador Loshinin noted that the Russian Ministry of Foreign Affairs had made a special statement concerning the DPRK nuclear test, which noted that such actions were a violation of UN Security Council Resolution 1817 and a “serious blow to international effort to strengthen the Non-Proliferation Treaty and undermined agreements under the Comprehensive Test Ban Treaty on the prohibition of such tests.” Ambassador Loshinin called for a resolution to the issue through the Six Party Talks. China’s ambassador, Wang Qun, likewise expressed hope that everyone involved would remain calm and seek a peaceful solution through dialogue.

On behalf of the governments of Brazil and Argentina, Ambassador Soares of Brazil “vehemently” condemned the test and said they expect the DPRK to “rejoin, as soon as possible, and as a non-nuclear weapon State, to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT)” and to resume Six Party Talks. They also called on the DPRK to sign the Comprehensive Test Ban Treaty and to “strictly comply with the moratorium on nuclear tests,” and called on all parties “to abstain from acts that may worsen tensions in regional and global contexts.”

In response to these statements, the representative of the DPRK argued that the UN Security Council had infringed upon its sovereignty and right to economic development through its Resolution 1718. He echoed the government’s statement that the second nuclear test was a measure of self-defence and said that as long as sanctions are applied against the country, the government would continue to take “necessary corresponding measures to defend its sovereignty”. Further, he noted that the statements made against the nuclear test in the CD could affect his delegation’s decision regarding CD/1863. The current president of the CD, Ambassador Jazaïry of Algeria, reminded the Conference that the actions by the UN Security Council should not have any impact on the business of the CD.

Netherlands removing its post of disarmament ambassador
In his farewell speech to the CD, Ambassador Landman of the Netherlands announced that his government, in an effort to save money, has decided to reduce its staff by half and “abolish” its dedicated ambassador to the CD. The Netherlands will still participate in CD meetings but will no longer have an ambassador to the Conference.

Speaking in his personal capacity, Ambassador Landman noted that despite the changes at the global level and the efforts of the CD presidents over the past few years, the Conference continues to ponder rather than to decide. He also noted that the CD has lost the expertise and personnel to tackle the issues at hand, and that obstacles still remained to moving forward, such as establishing rules around the programme of work and choosing a chairperson. Remarking on the nature of negotiations, Ambassador Landman warned about the difficulties ahead. He cautioned that the world of “twitter and tweets,” of news headlines, snappy soundbites, and instant satisfaction, is ill-suited to the long-term, technical nature of arms control and disarmament negotiations. He also warned against leaving such negotiations to “blundering amateurism” or to military officials, noting that diplomacy “ends war” and requires the ability to balance national security interests with empathy and understanding of others’ position as we are all citizens of one world, the survival of which we are all here to defend.”

Notes from the gallery
Among the many interventions today, a few themes merit attention. First, regarding the DPRK’s nuclear test, WILPF joins many of the member states expressing deep concern over the test. However, WILPF remains equally concerned about previous nuclear tests of other states and their continued possession of nuclear weapons. In its formal response to the test, WILPF called on all states outside of the Comprehensive Test Ban Treaty (CTBT) to ratify it without delay or conditions and called on all states possessing nuclear weapons to immediately shut down their nuclear test facilities and to acknowledge and compensate the victims of their testing programmes

In this statement, WILPF also noted that if the CTBT were in force, the Treaty would give greater legitimacy to international responses. Its member states could adopt sanctions against the DPRK for violating international law. Currently, the task of coordinating an international response falls to the UN Security Council, a body not entitled to enforce international norms per se, but an unrepresentative political body dominated by the interests of its five permanent, veto-wielding members: China, France, Russia, the United Kingdom, and the United States, two of whom (China and the US) have yet to ratify the CTBT themselves.

Regarding support for CD/1863, WILPF agrees with the majority perspective that the CD must seize the opportunity afforded by positive rhetoric on disarmament throughout the international community and the balanced nature of the proposed programme of work. We note that the following delegations have voiced their support for CD/1863 in plenary meetings: Algeria, Australia, Brazil, Canada, Colombia, Egypt, France, Germany, Hungary, Indonesia, Japan, Nigeria, Norway, Peru, Poland, the Republic of Korea, the Russian Federation, Slovakia, South Africa, Switzerland, the Syrian Arab Republic, Tunisia, Turkey, the United Kingdom, the United States, and Venezuela. Today, Ambassador Jazaïry indicated that only two delegations are still awaiting instructions from capital. We encourage all delegations to publicly announce their support for CD/1863 to help maintain the momentum in its favour.

Finally, WILPF bids farewell to Ambassadors Tarui and Landman, thanking them in particular for their continued support of civil society involvement in the work of the CD and other disarmament fora. We recognize how frustrating it must be to have worked so hard to achieve a programme of work, only to leave just as it comes closer than ever to adoption. We hope those remaining to carry forward the work will have the confidence and trust in each other that Ambassador Landman and Norway’s deputy representative Hilde Skorpen spoke of in their statements to reach a successful conclusion of the CD’s future work.

We also regret that the government of the Netherlands has decided to downgrade its level of participation in disarmament and arms control at this critical juncture. Dutch representatives to the CD have played an instrumental role in this body and it will be a great loss of institutional memory both for the government and for the CD to not have its adept representatives participating in this work or to have the government's flexible and far-seeing policies applied to help move the work along as in the past.

Next meeting
The next plenary meeting is scheduled for Thursday, 28 May at 10:00 AM. On Thursday afternoon, an informal plenary will be held, at which a few NGO representatives will be delivering statements.

- Ray Acheson, Reaching Critical Will of WILPF