UNITED
NATIONS


 GENERAL ASSEMBLY

Distr.
GENERAL

A/51/182
1 July 1996

ORIGINAL: ENGLISH


Fifty-first session

Item 73 of the preliminary list [A/51/150].

REVIEW OF THE IMPLEMENTATION OF THE RECOMMENDATIONS AND

DECISIONS ADOPTED BY THE GENERAL ASSEMBLY AT ITS TENTH

SPECIAL SESSION: REPORT OF THE DISARMAMENT COMMISSION

A compilation of all texts of principles, guidelines or

recommendations on subject items adopted unanimously by

the Disarmament Commission

Note by the Secretary-General

CONTENTS

 

I. INTRODUCTION

II. TEXTS OF PRINCIPLES, GUIDELINES OR RECOMMENDATIONS ON SUBJECT ITEMS THAT HAVE BEEN UNANIMOUSLY ADOPTED BY THE DISARMAMENT COMMISSION SINCE ITS INCEPTION IN 1978

A. Elements of a comprehensive programme of disarmament

B. Declaration of the 1980s as the Second Disarmament Decade

C. Recommendations on agenda item 4 (a), "Consideration of various aspects of the arms race, particularly the nuclear arms race and nuclear disarmament, in order to expedite negotiations aimed at effective elimination of the danger of nuclear war", and (b) "Consideration of the agenda items contained in section II of resolution 33/71 H, with the aim of elaborating, within the framework and in accordance with the priorities established at the tenth special session, a general approach to negotiations on nuclear and conventional disarmament"

D. Guidelines for the study on conventional disarmament

E. Review of the Declaration of the 1980s as the Second Disarmament Decade

F. Guidelines for appropriate types of confidence-building measures and for the implementation of such measures on a global or regional level

G. Verification in all its aspects

H. Nuclear capability of South Africa: conclusions and recommendations

I. Review of the role of the United Nations in the field of disarmament

J. Issues related to conventional disarmament

K. Declaration of the 1990s as the Third Disarmament Decade

L. Guidelines and recommendations for objective information on military matters

M. Guidelines and recommendations for regional approaches to disarmament within the context of global security

N. Guidelines for international arms transfers in the context of General Assembly resolution 46/36 H of 6 December 1991

I. INTRODUCTION

1. On 12 December 1996, the General Assembly adopted resolution 50/72 D, entitled "Report of the Disarmament Commission", paragraph 12 of which reads as follows:

"Further requests the Secretary-General to prepare a compilation, in the format of a note by the Secretary-General, of all texts of principles, guidelines or recommendations on subject items that have been unanimously adopted by the Disarmament Commission since its inception in 1978."

2. In pursuance of that request, the Secretary-General has prepared a compilation of all texts of principles, guidelines or recommendations on subject items that have been unanimously adopted by the Disarmament Commission since its inception in 1978, as contained in section II of the present note. It should be noted that the Disarmament Commission, in 1980, adopted a text entitled "Elements of the Declaration of the 1980s as the Second Disarmament Decade", which was subsequently adopted by the General Assembly as the Declaration of the 1980s as the Second Disarmament Decade (resolution 35/46, annex).

II. TEXTS OF PRINCIPLES, GUIDELINES OR RECOMMENDATIONS ON

SUBJECT ITEMS THAT HAVE BEEN UNANIMOUSLY ADOPTED BY

THE DISARMAMENT COMMISSION SINCE ITS INCEPTION IN 1978

A. Elements of a comprehensive programme of disarmament(1)

"I. Introduction

"1. Advocated by the General Assembly of the United Nations for nearly two decades, general and complete disarmament under effective international control must continue to be the ultimate goal of all endeavours undertaken in the sphere of disarmament.

"2. In 1969, the General Assembly, after declaring the decade of the 1970s as a 'Disarmament Decade', requested the Conference of the Committee on Disarmament 'to work out a comprehensive programme, dealing with all aspects of the problem of the cessation of the arms race and general and complete disarmament under effective international control'. (2)

Although this appeal was reiterated by the General Assembly in later years, it was not possible for the Conference of the Committee on Disarmament to discharge this mandate.

"3. The first special session of the General Assembly devoted to disarmament laid the basis in its Final Document, adopted by consensus, for an international disarmament strategy, in which the elaboration of the comprehensive programme of disarmament is an important element. The Disarmament Commission was entrusted with the task of considering 'the elements of a comprehensive programme for disarmament to be submitted as recommendations to the General Assembly and, through it, to the negotiating body, the Committee on Disarmament', which was requested by the Assembly to 'undertake the elaboration' of such a programme.

"4. The comprehensive programme of disarmament, which would provide the necessary framework for substantive negotiations in the field of disarmament, should be a carefully worked out package of interrelated measures in the field of disarmament, which would lead the international community towards the goal of general and complete disarmament under effective international control.

"5. The comprehensive programme of disarmament should be based principally on the Final Document of the Tenth Special Session of the General Assembly. It should lay down an agreed framework for sustained international action in the field of disarmament, including negotiations at different levels, that is, multilateral, bilateral and regional, on specific measures of disarmament. The elaboration of the comprehensive programme of disarmament should not in any way impair the commitment entered into by Member States, in the Final Document, to make every effort faithfully to carry out the Programme of Action set forth therein. (3)

"6. The Committee on Disarmament should commence work on the elaboration of the comprehensive programme at the earliest possible date and all efforts should be exerted so as to submit it for consideration and adoption not later than the second special session of the General Assembly devoted to disarmament, scheduled to be held in 1982.

"7. The comprehensive programme of disarmament should:

"(a) Define the objectives of the comprehensive programme of disarmament together with the principles that should guide the negotiations and priorities which should be applied in the negotiations;

"(b) Encompass all measures thought to be advisable in order to ensure that the goal of general and complete disarmament under effective international control becomes a reality in a world in which international peace and security prevails and in which the new international economic order is strengthened and consolidated;

"(c) Include, as parallel measures accompanying progress in disarmament, measures to strengthen institutions for maintaining peace and the settlement of international disputes by peaceful means as well as measures necessary to bring about the effective application of the relevant provisions of the Charter of the United Nations;

"(d) Establish appropriate procedures for:

"(i) The implementation of the programme;

"(ii) A continuing review of the implementation of the programme;

"(e) Cover measures aimed at encouraging international and national efforts to promote knowledge and information about disarmament, in order to create an international atmosphere conducive to the implementation of measures needed to be taken to bring about the halting and the reversal of the arms race and the achievement of the ultimate objective of general and complete disarmament under effective international control.

"II. Objectives, principles and priorities

"8. The immediate objective of a comprehensive programme of disarmament should be to maintain and further the momentum generated by the first special session of the General Assembly devoted to disarmament, to initiate and expedite urgent negotiations on halting the arms race in all its aspects, to open a process of genuine disarmament on an internationally agreed basis and to increase international confidence and relaxation of international tension.

"9. The long-term objectives should be, through the coordinated implementation of the comprehensive programme of disarmament, to achieve general and complete disarmament under effective international control, to avert the danger of war and to create conditions for a just and stable international peace and security and the full realization of the new international economic order.

"10. The elaboration of the comprehensive programme of disarmament should take place as urgently as possible and parallel with the negotiations on concrete disarmament measures, particularly those agreed in the Programme of Action adopted at the tenth special session of the General Assembly. The comprehensive programme of disarmament should contain a phased programme covering measures in the different fields in which the implementation of the first stage should effectively contribute to the halting of the arms race and to the opening of the process of genuine disarmament.

"11. During the first stage of the implementation of the comprehensive programme of disarmament, special attention should be given to the immediate cessation of the nuclear arms race and the removal of the threat of a nuclear war.

"12. The comprehensive programme of disarmament should be elaborated and implemented on the basis of the strict observance of the principles contained in the Final Document and in accordance with the priorities stated in paragraph 45 thereof, it being understood that nothing should preclude States from conducting negotiations on all priority items concurrently.

"III. Measures

"13. The process to be outlined in the comprehensive programme of disarmament should be conceived and implemented in accordance with the fundamental principles enshrined in the Final Document of the Tenth Special Session of the General Assembly. It should take place in such an equitable manner as to ensure the right of each State to security, inter alia, through the adoption of appropriate measures, taking into account the importance of nuclear disarmament and conventional disarmament, the special responsibility of the States with the largest military arsenals and the necessity for adequate measures of verification.

"14. The comprehensive programme of disarmament should encompass the following measures as envisaged in the relevant paragraphs of the Final Document of the Tenth Special Session:

"A. Disarmament measures

"1. Nuclear weapons

"(a) Nuclear-test ban;

"(b) Cessation of the nuclear arms race in all its aspects and nuclear disarmament, which will require urgent negotiation of agreements at appropriate stages and with adequate measures of verification satisfactory to the States concerned for:

"(i) Cessation of the qualitative improvement and development of nuclear weapon systems;

"(ii) Cessation of the production of all types of nuclear weapons and their means of delivery, and the production of fissionable material for weapons purposes;

"(iii) Reduction of stockpiles of nuclear weapons and their means of delivery, leading to their ultimate and complete elimination at the earliest possible time;

"(c) Effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons;

"(d) Continuation of the strategic arms limitation negotiations between the two parties concerned;

"(e) Further steps to prevent the spread of nuclear weapons, in accordance with the provisions of paragraphs 65 to 71 of the Final Document;

"(f) Establishment of nuclear-weapon-free zones.

"2. Other weapons of mass destruction

"(a) Prohibition of the development, production and stockpiling of all chemical weapons and their destruction;

"(b) Prevention of the emergence of new types of weapons of mass destruction and new systems of such weapons;

"(c) Prohibition of the development, production and use of radiological weapons.

"3. Conventional weapons and armed forces

"(a) Cessation of the conventional arms race;

"(b) Agreements and measures, multilateral, regional and bilateral, on the limitation and reduction of conventional weapons and armed forces;

"(c) Prohibitions or restrictions of use of certain conventional weapons, including those which may cause unnecessary suffering of which may have indiscriminate effects, taking into account the result of the 1979 United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects;

"(d) Consultations among major arms suppliers and recipients on the international transfer of conventional weapons.

"4. Military expenditures

"Reduction of military expenditures.

"5. Verification

"Verification methods and procedures in relation to specific disarmament measures, to facilitate the conclusion and effective implementation of disarmament agreements and to create confidence among States.

"6. Related measures

"(a) Further steps to prohibit military or any other hostile use of environmental modification techniques;

"(b) Consideration of further steps to prevent an arms race on the sea-bed and the ocean floor and the subsoil thereof;

"(c) Further steps to prevent an arms race in outer space;

"(d) Establishment of zones of peace.

"B. Other measures

"1. Confidence-building measures, taking into account the characteristics of each region.

"2. Measures aimed at achieving relaxation of international tension.

"3. Measures aimed at preventing the use of force in international relations, subject to the provisions of the Charter of the United Nations.

"4. Implementation of the provisions contained in the Final Document intended to mobilize world public opinion in favour of disarmament.

"5. Disarmament studies under the auspices of the United Nations.

"Note:

"With reference to the measures dealt with in the present section, explicit mention was made of the following United Nations declarations:

"1. Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations; (4)

"2. Declaration on the Strengthening of International Security; (5)

"3. Declaration on the Preparation of Societies for Life in Peace. (6)

"C. Disarmament and development

"Bearing in mind the close relationship between disarmament and development and taking into account the United Nations studies carried out in this field, the comprehensive programme of disarmament should include measures aimed at ensuring that disarmament makes an effective contribution to economic and social development and, in particular, to the full realization of the new international economic order through:

"(i) Reallocation of resources from military purposes to economic and social development, especially for the benefit of the developing countries;

"(ii) Savings from the reduction of military expenditures particularly by nuclear-weapon States and other militarily significant States should increase the flow of resources to economic and social development, especially for the benefit of the developing countries;

"(iii) Strengthening of international cooperation for the promotion of the transfer and utilization of nuclear technology for economic and social development, especially in the developing countries, taking into account the provisions of paragraphs 68 to 70 of the Final Document.

"D. Disarmament and international security

"Strengthening of international procedures and institutions for:

"(i) Maintenance of peace and security in accordance with the Charter of the United Nations;

"(ii) Peaceful settlement of disputes;

"(iii) Effectiveness of the security system of the Charter of the United Nations;

"(iv) United Nations peace-keeping inconformity with the Charter of the United Nations.

"IV. Machinery and procedures

"A. Role of the United Nations

"15. (a) The United Nations should play a central role in the consideration and adoption of the comprehensive programme of disarmament. It must also play an adequate role in its implementation. It is essential, therefore, that the General Assembly and, through it, the Commission are regularly kept informed of the results of the negotiations on and elaboration of the comprehensive programme of disarmament. It is also essential that the United Nations be kept duly informed through the Assembly, or any other appropriate United Nations channel reaching all Members of the Organization, of all disarmament efforts outside its aegis without prejudice to the progress of negotiations.

"(b) Convening, as necessary, of special sessions of the United Nations General Assembly devoted to disarmament.

"(c) The United Nations should sponsor programmes to promote public awareness of the dangers of the arms race, its effects on international peace and security, its economic and social consequences and its effect on the attainment of the new international economic order.

"(d) The Secretary-General shall periodically submit reports to the General Assembly on the economic and social consequences of the armaments race and its extremely harmful effects on world peace and security.

"B. Form of negotiations

"16. The negotiations of the measures envisaged in the comprehensive programme of disarmament can be conducted on a bilateral, regional or multilateral level, depending on how, in each case, effective disarmament agreements can most readily be achieved. The international disarmament machinery should ensure that all disarmament issues are being dealt with in an appropriate context.

"C. World Disarmament Conference

"17. At the earliest appropriate time, a world disarmament conference should be convened with universal participation and with adequate preparation.

"D. Review and verification of agreed measures

"18. Examination of the requirements of an institutional and procedural nature to facilitate the disarmament process and to ensure implementation of disarmament agreements, including the relevant proposals referred to in paragraph 125 of the Final Document, or made elsewhere.

"V. General

"19. During the consideration of the elements of the comprehensive programme of disarmament, the Commission considered the following, on which consensus was not reached:

"(a) Prohibition of the use or threat of use of nuclear weapons;

"(b) Dissolution of military alliances and the dismantling of foreign military bases;

"(c) Prohibition of the development, production and deployment of conventional weapons of great destructive power."


B. Declaration of the 1980s as the Second Disarmament Decade
(7)

"I. GENERAL

"1. In proclaiming the decade of the 1970s as the first United Nations Disarmament Decade, the General Assembly, in its resolution 2602 E (XXIV) of 16 December 1969, enumerated its objectives as follows:

"(a) All Governments should intensify without delay their concerted and concentrated efforts for effective measures relating to the cessation of the nuclear-arms race at an early date and to nuclear disarmament and the elimination of other weapons of mass destruction, and for a treaty on general and complete disarmament under strict and effective international control.

"(b) Consideration should be given to channelling a substantial part of the resources freed by measures in the field of disarmament to promote the economic development of developing countries and, in particular, their scientific and technological progress;

"2. Although these objectives were reiterated by the General Assembly in later sessions, the first Disarmament Decade ended without their accomplishment. While it is true that some limited agreements were reached, effective measures relating to the cessation of the nuclear-arms race at an early date and to nuclear disarmament have continued to elude man's grasp. Furthermore, no progress has been made in channelling for the purpose of economic and social development any amount of the enormous resources which are wasted on the unproductive arms race.

"3. Through the Final Document of the Tenth Special Session of the General Assembly, contained in resolution S-10/2 of 30 June 1978, which was adopted by consensus, the Assembly, after expressing its conviction that disarmament and arms limitation, particularly in the nuclear field, were essential for the prevention of the danger of nuclear war, for the strengthening of international peace and security and for the economic and social advancement of all peoples, laid down a Programme of Action (8) enumerating the specific measures of disarmament which should be implemented over the next few years.

"4. In spite of the positive and encouraging outcome of the special session devoted to disarmament, the decade of the 1980s has started with ominous signs of deterioration in the international situation. International peace and security are threatened by the use or threat of use of force against the sovereignty, national independence and territorial integrity of States, by military intervention and occupation, hegemonism, interference in the internal affairs of States, the denial of the right of self-determination of peoples and nations under colonial and alien domination, and by the further escalation of the arms race and efforts to achieve military superiority. It is clear that, if the emerging trend continues and meaningful efforts are not made to check and reverse this trend, international tensions will be further exacerbated and the danger of war will be greater than foreseen at the time of the special session on disarmament. In this connection, it is pertinent to recall that in the Final Document the General Assembly emphasized that, on the one hand, the arms race in all its aspects runs counter to efforts to achieve further relaxation of international tension to establish a viable system of international peace and security and, on the other, that peace and security must be based on strict respect for the principles of the Charter of the United Nations. It is ironic that, while intensive discussions are under way in various forums on global economic problems and on the depletion of resources available for coping with present international economic problems, military expenditures by major military Powers are reaching ever higher levels, involving the greater diversion of resources that could have helped to promote the well-being of all peoples.

"5. The close relationship between disarmament and development was also underscored in the Final Document, which stated that the resources released as a result of the implementation of disarmament measures should be devoted to the economic and social development of all nations and contribute to the bridging of the economic gap between developed and developing countries. It is, therefore, only appropriate that simultaneously with the proclamation of the Third United Nations Development Decade (9) and the launching of the global round of negotiations, the 1980s should be declared as the Second Disarmament Decade.


"II. GOALS AND PRINCIPLES

"6. The goals of the Second Disarmament Decade should be conceived in the context of the ultimate objective of the efforts of States in the disarmament process, which is general and complete disarmament under effective international control, as elaborated in the Final Document.

"7. Consistent with the overall objective, the goals of the Second Disarmament Decade should be the following:

"(a) Halting and reversing the arms race, particularly the nuclear-arms race;

"(b) Concluding and implementing effective agreements on disarmament, particularly nuclear disarmament, which will contribute significantly to the achievement of general and complete disarmament under effective international control;

"(c) Developing on an equitable basis the limited results obtained in the field of disarmament in the 1970s in accordance with the provisions of the Final Document;

"(d) Strengthening international peace and security in accordance with the Charter of the United Nations;

"(e) Making available a substantial part of the resources released by disarmament measures to promote the attainment of the objectives of the Third United Nations Development Decade and, in particular, the economic and social development of developing countries, so as to accelerate the progress towards the new international economic order.

"8. The disarmament process and the activities during the Second Disarmament Decade should be in accordance with the fundamental principles enshrined in the Final Document and should be carried out in such a balanced and equitable manner as to ensure the right of each State to security through the adoption of appropriate measures, taking into account the importance of nuclear disarmament and conventional disarmament, the special responsibility of the States with the largest military arsenals, the specific requirements of regional situations and the necessity for adequate measures of verification. At each stage, the objective should be undiminished security at the lowest possible level of armaments and military forces.

"9. Progress in disarmament should be accompanied by the strengthening of the peacemaking and peace-keeping functions of the United Nations in accordance with the Charter.

"III. ACTIVITIES

"A. General

"10. The decade of the 1980s should witness renewed intensification by all Governments and the United Nations of their efforts to reach agreement and to implement effective measures that will lead to discernible progress towards the goal of general and complete disarmament under effective international control. In this connection, special attention should be focused on certain identifiable elements in the Programme of Action as adopted by the General Assembly at its tenth special session which should, as a minimum, be accomplished during the Second Disarmament Decade both through negotiations in the multilateral negotiating forum, the Committee on Disarmament, and in other appropriate forums. Adequate methods and procedures of verification should be considered in the context of international disarmament negotiations.

"B. Comprehensive programme of disarmament

"11. Having been recognized as an important element in an international disarmament strategy, the comprehensive programme for disarmament should be elaborated with the utmost urgency. The Committee on Disarmament should expedite its work on the elaboration of the programme with a view to its adoption no later than at the second special session of the General Assembly devoted to disarmament, scheduled for 1982.

"C. Priorities

"12. The accomplishment of those specific measures of disarmament which have been identified in the Final Document as worthy of priority negotiations by the multilateral negotiating organ would create a very favourable international climate for the second special session of the General Assembly devoted to disarmament. All efforts should be exerted, therefore, by the Committee on Disarmament urgently to negotiate with a view to reaching agreement, and to submit agreed texts where possible before the second special session devoted to disarmament on:

"(a) A comprehensive nuclear-test-ban treaty;

"(b) A treaty on the prohibition of the development, production and stockpiling of all chemical weapons and their destruction;

"(c) A treaty on the prohibition of the development, production and use of radiological weapons;

"(d) Effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, taking into account all proposals and suggestions that have been made in this regard.

"13. The same priority should be given to the following measures which are dealt with outside the Committee on Disarmament:

"(a) Ratification of the Treaty on the Limitation of Strategic Offensive Arms (SALT II) and commencement of negotiations for a SALT III agreement;

"(b) Ratification of Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco); (10)

"(c) Signature and ratification of the agreement negotiated by the United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects;

"(d) Achievement of an agreement on mutual reduction of armed forces and armaments and associated measures in central Europe;

"(e) Negotiations on effective confidence-building measures and disarmament measures in Europe among the States participating in the Conference on Security and Cooperation in Europe, taking into account initiatives and proposals to this effect;

"(f) Achievement of a more stable situation in Europe at a lower level of military potential on the basis of approximate equality and parity by agreement on appropriate mutual reduction and limitation of armaments and armed forces in accordance with paragraph 82 of the Final Document, which would contribute to the strengthening of security in Europe and constitute a significant step towards enhancing international peace and security.

"14. Other priority measures that should be pursued as rapidly as possible during the Second Disarmament Decade include:

"(a) Significant progress towards the achievement of nuclear disarmament, which will require urgent negotiation of agreements at appropriate stages and with adequate measures of verification satisfactory to the States concerned for:

"(i) Cessation of the qualitative improvement and development of nuclear-weapon systems;

"(ii) Cessation of the production of all types of nuclear weapons and their means of delivery, and of the production of fissionable material for weapons purposes;

"(iii) A comprehensive, phased programme with agreed time-frames, whenever feasible, for progressive and balanced reduction of stockpiles of nuclear weapons and their means of delivery, leading to their ultimate and complete elimination at the earliest possible time;

"(b) Prevention of the emergence of new types of weapons of mass destruction and new systems of such weapons;

"(c) Further strategic arms limitation negotiations between the two parties, leading to agreed significant reductions of, and qualitative limitations on, strategic arms. These should constitute an important step in the direction of nuclear disarmament and, ultimately, of the establishment of a world free of such weapons;

"(d) Further steps to develop an international consensus to prevent the proliferation of nuclear weapons in accordance with the provisions of paragraphs 65 to 71 of the Final Document;

"(e) Strengthening of the existing nuclear-weapon-free zone and the establishment of other nuclear-weapon-free zones in accordance with the relevant paragraphs of the Final Document;

"(f) Establishment of zones of peace in accordance with the relevant provisions of the Final Document;

"(g) Measures to secure the avoidance of the use of nuclear weapons, the prevention of nuclear war and related objectives, where possible through international agreement, bearing in mind various proposals designed to secure these objectives and in accordance with paragraphs 57 and 58 of the Final Document, and thereby to ensure that the survival of mankind is not endangered;

"(h) Further steps to prohibit military or any other hostile use of environmental modification techniques;

"(i) Multilateral regional and bilateral measures on the limitation and reduction of conventional weapons and armed forces, in accordance with the relevant provisions of the Final Document;

"(j) Reduction of military expenditures;

"(k) Confidence-building measures, taking into account the particular conditions and requirements of different regions, with a view to strengthening the security of States.

"D. Disarmament and development

"15. Peace and development are indivisible. During the Second Disarmament Decade, utmost efforts should be made towards the implementation of the specific measures whereby disarmament will contribute effectively to economic and social development and thus facilitate the full and early realization of the new international economic order. To this end, renewed efforts should be made to reach agreement on the reduction of military expenditures and the reallocation of resources from military purposes to economic and social development especially for the benefit of developing countries.

"16. Efforts should also be made to strengthen international cooperation for the promotion of the transfer and utilization of nuclear technology for economic and social development, especially in the developing countries, taking into account the provisions of all relevant paragraphs of the Final Document, in particular to ensure the success of the United Nations Conference for the Promotion of International Cooperation in the Peaceful Uses of Nuclear Energy, to be convened in principle by 1983, as decided upon in General Assembly resolution 34/63 of 29 November 1979, as well as other promotional activities in this field in the United Nations system, including those within the framework of the International Atomic Energy Agency.

"E. Disarmament and international security

"17. An essential condition for progress in the field of disarmament is the preservation and strengthening of international peace and security and the promotion of confidence among States. Nuclear weapons pose the greatest danger to mankind and to the survival of civilization. It is essential to halt and reverse the nuclear-arms race in all its aspects in order to avert the danger of war involving nuclear weapons. The ultimate goal in this context is the complete elimination of nuclear weapons. Significant progress in nuclear disarmament would be facilitated both by parallel political and international legal measures to strengthen the security of States and by progress in the limitation and reduction of armed forces and conventional armaments of the nuclear-weapon States and other States in the regions concerned.

"18. All States Members of the United Nations have, in the Final Document, reaffirmed their full commitment to the purposes of the Charter of the United Nations and their obligation strictly to observe its principles as well as other relevant and generally accepted principles of international law relating to the maintenance of international peace and security. Disarmament, relaxation of international tension, respect for the right to self-determination and national independence, sovereignty and territorial integrity of States, the peaceful settlement of disputes in accordance with the Charter and the strengthening of international peace and security are directly related to each other. Progress in any of these spheres has a beneficial effect on all of them; in turn, failure in one sphere has negative effects on others. In the decade of the 1980s, all Governments, in particular the most advanced military Powers, should therefore take such steps as will contribute to the widening of trust among nations of the world as well as in the various regions. This implies a commitment on the part of all States to avoid actions likely to increase tension or create new areas of threats to international peace and security and, in their relationship with other countries, strictly to respect the sovereignty and territorial integrity of States, and the right of peoples under colonial or foreign domination to self-determination and national independence.

"F. Public awareness

"19. As stated in paragraph 15 of the Final Document, it is essential that not only Governments but also the peoples of the world recognize and understand the dangers in the present world armaments situation, so that world public opinion will be mobilized on behalf of peace and disarmament. This will be of great importance to the strengthening of international peace and security, the just and peaceful resolution of disputes and conflicts and effective disarmament.

"20. In the course of the decade of the 1980s, therefore, governmental and non-governmental information organs of Member States and those of the United Nations and the specialized agencies, as well as non-governmental organizations, should, as appropriate, undertake further programmes of information relating to the danger of the armaments race as well as to disarmament efforts and negotiations and their results, particularly by means of annual activities conducted in connection with Disarmament Week. These actions should constitute a large-scale programme further to alert world opinion to the danger of war in general and of nuclear war in particular. In keeping with its central role and primary responsibility in the sphere of disarmament, the United Nations, in particular its Centre for Disarmament, should intensify and coordinate its programme of publications, audio-visual materials, cooperation with non-governmental organizations and relations with the media. Among its activities, the United Nations should also, in the course of the Second Disarmament Decade, sponsor seminars in the different regions of the world at which issues relating to world disarmament, in general, and to the particular region, especially, will be extensively discussed.

"G. Studies

"21. As part of the process of facilitating the consideration of issues in the field of disarmament, studies on specific questions should be undertaken on the decision of the General Assembly, when necessary for preparing the ground for negotiations or reaching agreement. Also, studies pursued under the auspices of the United Nations, in particular by the United Nations Institute for Disarmament Research established by Assembly resolution 34/83 M of 11 December 1979 within the framework of the United Nations Institute for Training and Research, could bring a useful contribution to the knowledge and exploration of disarmament problems, especially in the long term.

"H. Implementation, review and appraisal

"22. In the accomplishment of the activities earmarked for the Second Disarmament Decade, all Governments, particularly the most advanced military Powers, should make an effective contribution. The United Nations should continue to play a central role. The Committee on Disarmament should fully discharge its responsibility as the single multilateral disarmament negotiating body. The General Assembly should, at its annual sessions and, in particular, at its second special session devoted to disarmament to be held in 1982, make an effective contribution to the pursuit of the goals of disarmament.

"23. It is pertinent also to recall that paragraphs 121 and 122 of the Final Document stated:

"(a) That bilateral and regional disarmament negotiations may also play an important role and could facilitate the negotiation of multilateral agreements in the field of disarmament;

"(b) That at the earliest appropriate time, a world disarmament conference should be convened with universal participation and with adequate preparation.

"24. In order to ensure a coordinated approach and to consider the implementation of the Declaration of the 1980s as the Second Disarmament Decade, this question should be included in the agenda of the second special session of the General Assembly devoted to disarmament, envisaged for 1982.

"25. In addition, the General Assembly will undertake at its fortieth session, in 1985, a review and appraisal, through the Disarmament Commission, of progress in the implementation of the measures identified in the present Declaration."

C. Recommendations on agenda item 4 (a), "Consideration of various aspects of the arms race, particularly the

nuclear arms race and nuclear disarmament, in order to expedite negotiations aimed at effective elimination

of the danger of nuclear war", and (b), "Consideration of the agenda items contained in section II of

resolution 33/71 H, with the aim of elaborating, within the framework and in accordance with the priorities

established at the tenth special session, a general approach to negotiations on nuclear and conventional

disarmament"(11)

"1. Pursuant to the mandate of the General Assembly in its resolution 34/83 H, the Commission considered various aspects of the arms race, particularly the nuclear arms race and nuclear disarmament, in order to expedite negotiations aimed at effective elimination of the danger of nuclear war.

"2. The Commission noted with grave concern that, despite the consensus reached at the tenth special session of the General Assembly, devoted to disarmament, in favour of taking urgent steps to stop and reverse the arms race, the situation today is that the arms race among the Great Powers, particularly the nuclear-arms race, has further escalated and there are graver prospects of even further intensification of the arms race. International peace and security are threatened by the use or threat of use of force against sovereignty, national independence and territorial integrity of States, military intervention and occupation, hegemonism, interference in the internal affairs of States, the denial of the right of self-determination of peoples and nations under colonial and alien domination, and by the further escalation of the arms race and efforts to achieve military superiority. It is clear that if the emerging trend continues and meaningful efforts are not made to check and reverse this trend, international tensions will be further exacerbated and the danger of war will be greater than foreseen at the time of the special session on disarmament. In this connection, it is pertinent to recall that the Final Document of the special session emphasized that, on the one hand, the arms race in all its aspects runs counter to efforts to achieve further relaxation of international tension to establish a viable system of international peace and security and, on the other, that peace and security must be based on strict respect for the principles of the Charter of the United Nations.

"3. The Commission recalled that in the Final Document of the tenth special session of the General Assembly, it was declared that 'enduring international peace and security cannot be built on the accumulation of weaponry by military alliances nor be sustained by a precarious balance of deterrence or doctrines of strategic superiority' and that 'genuine and lasting peace can only be created through the effective implementation of the security system provided for in the Charter of the United Nations and the speedy and substantial reduction of arms and armed forces'. (12)

"4. The Commission noted with profound regret that there had been a marked lack of progress in the implementation of the Programme of Action agreed upon at the special session and that even the talks on a few limited arms control and limitation measures had either been suspended or were proceeding very slowly. In this situation, the responsibility of the United Nations to promote the goals of disarmament is greatly increased. The Commission, therefore, recommends to the General Assembly that it call upon all States to undertake measures for the implementation of the Programme of Action enumerated in the Final Document, including efforts to facilitate the resumption and continuation of the talks that have been interrupted and, more specifically, the measures to be agreed upon in connection with the Second Disarmament Decade.

"5. The Commission is firmly convinced that there can be no progress in disarmament and in the maintenance of international peace and security unless States adhere closely to the purposes and principles of the Charter of the United Nations as well as other relevant and generally accepted principles of international law relating to the maintenance of international peace and security, especially those regarding the respect for the sovereignty, territorial integrity and political independence of States, refraining from the use or threat of use of force against the sovereignty, territorial integrity or political independence of any State, or against peoples under colonial or foreign domination seeking to exercise their right to self-determination and to achieve independence, non-recognition of territorial acquisition by the use or threat of use of force as well as situations or special advantages resulting from the use or threat of use of force contrary to the Charter, non-intervention and non-interference in the internal affairs of other States, effective

collective international security through the United Nations, and the just and peaceful resolution of conflicts and disputes. The Disarmament Commission bears in mind the inherent right of States to individual and collective self-defence in accordance with the Charter and the right to self-determination of peoples under colonial and alien domination. The Commission underlines the fundamental importance for the achievement of the goals of disarmament of the withdrawal of foreign forces of occupation, especially from regions of crises and tension. In this connection, the view was expressed that the elimination of foreign military bases is of fundamental importance for the achievement of the goals of disarmament. At the same time the view was expressed that the presence of foreign military bases is fully justified under the provisions of Article 51 of the Charter.

"6. Pursuant to the mandate contained in paragraph 2 of General Assembly resolution 34/83 E, the Commission also considered aspects of the arms race with the aim of elaborating, within the framework and in accordance with the priorities established at the tenth special session, a general approach to negotiations on nuclear and conventional disarmament.

"7. The Commission recalled that the General Assembly at its special session had declared that, among all disarmament measures, effective measures of nuclear disarmament and the prevention of nuclear war had the highest priority and that all the nuclear-weapon States, in particular those among them which possessed the most important nuclear arsenals, bore a special responsibility in achieving the goals of nuclear disarmament.

"8. The Commission would recommend that urgent action be taken to prevent the further spiralling of the nuclear-arms race. The Commission expressed the view that the Committee on Disarmament should fully discharge its responsibilities in the field of nuclear disarmament and should, therefore, continue its efforts to undertake negotiations with a view to the cessation of the nuclear arms race and to the achievement of nuclear disarmament in conformity with its mandate in order to achieve the objectives specified in paragraph 50 and other relevant paragraphs of the Final Document.

"9. The Commission noted that, while nuclear disarmament had the highest priority, the General Assembly had declared in the Final Document that 'together with negotiations on nuclear disarmament measures, the limitation and gradual reduction of armed forces and conventional weapons should be resolutely pursued within the framework of progress towards general and complete disarmament'. (13) The Commission also noted that in the conventional field, as in the nuclear field, the major responsibility rested on those States with the largest military arsenals and that progress in conventional disarmament by these States would constitute a significant step in strengthening peace and security in the world.

"10. While reiterating the relevant provisions in the Final Document for the need to resolutely pursue agreements or other measures on a bilateral, regional and multilateral basis with the aim of strengthening peace and security at lower levels of military potential by the limitation and reduction of armed forces and conventional weapons, the Commission also stressed that, in keeping with the provisions of the Final Document, the adoption of conventional disarmament measures should take place in an equitable and balanced manner taking into account the right of each State to protect its security and to defend its independence and territorial integrity, as well as the inalienable right to self-determination and independence of peoples under colonial or foreign domination.

"11. The Commission considered a proposal for a study on all aspects of the conventional arms race and on disarmament relating to conventional weapons and armed forces. In the light of its discussions the Commission noted the wide support in favour of recommending to the General Assembly at its thirty-fifth session that it approve, in principle, the proposal for the study on disarmament relating to conventional weapons and armed forces to be undertaken after the general approach of the study, its structure and scope had been fully discussed and agreed upon. At the same time, the Commission noted that strong objections or reservations were made from various quarters to such a study on several grounds."

D. Guidelines for the study on conventional disarmament(14)

"1. The General Assembly, at its thirty-fifth session, adopted resolution 35/156 A of 12 December 1980, in which it approved in principle the carrying out of a study on all aspects of the conventional arms race and on disarmament relating to conventional weapons and armed forces, to be undertaken by the Secretary-General with the assistance of a group of qualified experts appointed by him on a balanced geographical basis. The General Assembly also agreed that the Disarmament Commission should work out the general approach to the study, its structure and scope, and requested the Disarmament Commission to convey to the Secretary-General the conclusion of its deliberations which should constitute the guidelines for the study.

"2. At its thirty-sixth session, the General Assembly adopted resolution 36/97 A of 9 December 1981, in which, inter alia, it requested the Disarmament Commission at its substantive session in 1982 to complete its consideration of the general approach to the study, its structure and scope and to transmit the conclusions of its deliberations to the group of experts.

"3. In fulfilment of this task, the Disarmament Commission has agreed that the following text should constitute the guidelines for this study.

"4. The general approach of the study should take full account of the following provisions and principles:

"(a) The causes of the arms race in conventional weapons are of fundamental significance;

"(b) The provisions of the Final Document of the Tenth Special Session of the General Assembly devoted to disarmament are of primary importance, particularly those related to principles, priorities and progress in conventional disarmament;

"(c) Among genuine measures of disarmament, effective measures of nuclear disarmament and the prevention of nuclear war have the highest priority. To this end, it is imperative to remove the threat of nuclear weapons, to halt and reverse the nuclear arms race until the total elimination of nuclear weapons and their delivery systems has been achieved and to prevent the proliferation of nuclear weapons;

"(d) Together with negotiations on nuclear disarmament measures, the limitation and gradual reduction of armed forces and conventional weapons should be resolutely pursued within the framework of progress towards general and complete disarmament. States with the largest military arsenals have a special responsibility in pursuing the process of conventional armaments reductions. Other militarily significant States are also important in the context of achieving conventional disarmament. The contributions of all States in this regard are invaluable in lessening world tensions;

"(e) Consideration of the question of the limitation and reduction of conventional weapons should take into account the need of all States to protect their security as well as the inalienable right to self-determination and independence of peoples under colonial or foreign domination. The adoption of disarmament measures should take place in such an equitable and balanced manner as to ensure the right of each State to security so that no individual State or group of States should obtain advantage over others at any stage;

"(f) Negotiations on the reduction of armed forces and of conventional armaments should have at each stage the objective of undiminished security at the lowest possible level of armaments and military forces;

"(g) The study should analyse the global dimension of the arms race in the conventional field and take due account of its regional aspects;

"(h) The study should promote conventional disarmament within the context of general and complete disarmament in seeking appropriate ways and means conducive not only to intensifying ongoing, but also initiating new negotiations that would produce concrete results in the field of conventional disarmament. The study should also draw attention the growing dangers of the arms race in the field of conventional armaments;

"(i) Agreements on reductions of armaments and armed forces should include appropriate provisions for verification;

"(j) The group of experts should be guided by the principle of consensus in its reporting, with sufficient flexibility to allow the reflection of differing viewpoints.

"5. The scope and structure of the study should contain the following conceptual and/or practical elements:

"(a) The identification of the nature of the conventional arms race within the context of the global arms race, and its principal underlying causes;

"(b) A factual account of all aspects of the conventional arms race on the basis of available data, particularly the size of conventional arsenals, local production, the capabilities and effects of present weapon systems and their relationship with other categories of weapons;

"(c) The international transfer of conventional weapons, including regional aspects and military alliances;

"(d) The impact of the accumulation of conventional armaments in the regions which constitute major areas of continuing tension and crisis in the world, and in regions with large concentrations of conventional weapons and armed forces;

"(e) The use or threat of use of conventional arms against the sovereignty, territorial integrity, political independence of any State and for intervention and interference in the internal affairs of States;

"(f) The impact of technological advances and research and development upon the conventional weapons arsenals of States, and upon the arms race in the fields of conventional and other categories of weapons;

"(g) A description of the relevant social, economic and political effects of the conventional arms race and its consequences for the international situation, taking into account the need for and the beneficial effects of disarmament measures in this field;

"(h) The contribution of confidence-building measures to further progress in conventional disarmament.

"6. In addition to other sources, it is recommended that the group of experts should make full use of the studies by the Secretary-General already completed or in preparation, and should take into account four working papers submitted to the Disarmament Commission (A/CN.10/27, 28, 33 and 34).

"7. In their findings, the members of the expert group should include their assessments of the effects of the conventional arms race on the prospects for disarmament. Following the guidelines set out above, they should also identify areas in which measures to curb the conventional arms race and to achieve conventional disarmament ought to be pursued and make recommendations accordingly."

E. Review of the Declaration of the 1980s as the Second Disarmament Decade(15)

"1. At its thirty-fifth session the General Assembly, by its resolution 35/46 of 3 December 1980, unanimously adopted the Declaration of the 1980s as the Second Disarmament Decade, which is set forth in the annex to that resolution.

"2. Paragraph 25 of the Declaration stated that the General Assembly would undertake, at its fortieth session, in 1985, a review and appraisal, through the Disarmament Commission, of progress in the implementation of the measures identified in the Declaration. Accordingly, at its thirty-ninth session, the General Assembly, by resolution 39/148 Q, decided to undertake such a review and appraisal and requested the Disarmament Commission at its session in 1985 to make a preliminary assessment of the implementation of the Declaration, as well as suggestions to ensure progress, and to submit a report to the General Assembly at its fortieth session.

"3. Paragraph 7 of the Declaration set out the following as the goals of the Decade:

"(a) Halting and reversing the arms race, particularly the nuclear-arms race;

"(b) Concluding and implementing effective agreements on disarmament, particularly nuclear disarmament, which will contribute significantly to the achievement of general and complete disarmament under effective international control;

"(c) Developing on an equitable basis the limited results obtained in the field of disarmament in the 1970s in accordance with the provisions of the Final Document;

"(d) Strengthening international peace and security in accordance with the Charter of the United Nations;

"(e) Making available a sustainable part of the resources released by disarmament measures to promote the attainment of the objectives of the Third United Nations Development Decade and, in particular, the economic and social development of developing countries, so as to accelerate the progress towards the new international economic order.

"4. Paragraph 8 of the Declaration stated that the disarmament process and the activities during the Second Disarmament Decade should be in accordance with the fundamental principles enshrined in the Final Document of the Tenth Special Session of the General Assembly (resolution S-10/2) and should be carried out in such a balanced and equitable manner as to ensure the right of each State to security through the adoption of appropriate measures, taking into account the importance of nuclear disarmament and conventional disarmament, the special responsibility of the States with the largest military arsenals, the specific requirements of regional situations and the necessity for adequate measures of verification. At each stage, the objective should be undiminished security at the lowest possible level of armaments and military forces.

"5. Paragraphs 12, 13 and 14 laid out the areas deserving priority treatment as follows:

'12. ... All efforts should be exerted, therefore, by the Committee on Disarmament urgently to negotiate with a view to reaching agreement, and to submit agreed texts where possible before the second special session devoted to disarmament on:

'(a) A comprehensive nuclear-test-ban treaty;

'(b) A treaty on the prohibition of the development, production and stockpiling of all chemical weapons and their destruction;

'(c) A treaty on the prohibiting of the development, production and use of radiological weapons;

'(d) Effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons, taking into account all proposals and suggestions that have been made in this regard.

'13. The same priority should be given to the following measures which are dealt with outside the Committee on Disarmament:

'(a) Ratification of the Treaty on the Limitation of Strategic Offensive Arms (SALT II) and commencement of negotiations for a SALT III agreement;

'(b) Ratification of Additional Protocol I of the Treaty for the Prohibition of Nuclear Weapons in Latin America (Treaty of Tlatelolco);

'(c) Signature and ratification of the agreement negotiated by the United Nations Conference on Prohibitions or Restrictions of Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to have Indiscriminate Effects;

'(d) Achievement of an agreement on mutual reduction of armed forces and armaments and associated measures in central Europe;

'(e) Negotiations on effective confidence-building measures and disarmament measures in Europe among the States participating in the Conference on Security and Cooperation in Europe, taking into account initiatives and proposals to this effect;

'(f) Achievement of a more stable situation in Europe at a lower level of military potential on the basis of approximate equality and parity by agreement on appropriate mutual reduction and limitation of armaments and armed forces in accordance with paragraph 82 of the Final Document, which would contribute to the strengthening of security in Europe and constitute a significant step towards enhancing international peace and security.

'14. Other priority measures that should be pursued as rapidly as possible during the Second Disarmament Decade include:

'(a) Significant progress towards the achievement of nuclear disarmament, which will require urgent negotiation of agreements at appropriate stages and with adequate measures of verification satisfactory to the States concerned for:

'(i) Cessation of the qualitative improvement and development of nuclear-weapons systems;

'(ii) Cessation of the production of all types of nuclear weapons and their means of delivery, and of the production of fissionable material for weapons purposes;

'(iii) A comprehensive, phased programme with agreed time-frames, whenever feasible, for progressive and balanced reduction of stockpiles of nuclear weapons and their means of delivery, leading to their ultimate and complete elimination at the earliest possible time;

'(b) Prevention of the emergence of new types of weapons of mass destruction and new systems of such weapons;

'(c) Further strategic arms limitation negotiations between the two parties, leading to agreed significant reductions of, and qualitative limitations on, strategic arms. These should constitute an important step in the direction of nuclear disarmament and, ultimately, of the establishment of a world free of such weapons;

'(d) Further steps to develop an international consensus to prevent the proliferation of nuclear weapons in accordance with the provisions of paragraphs 65 to 71 of the Final Document;

'(e) Strengthening of the existing nuclear-weapon-free zone and the establishment of other nuclear-weapon-free zones in accordance with the relevant paragraphs of the Final Document;

'(f) Establishment of zones of peace in accordance with the relevant provisions of the Final Document;

'(g) Measures to secure the avoidance of the use of nuclear weapons, the prevention of nuclear war and related objectives, where possible through international agreement, bearing in mind various proposals designed to secure these objectives and in accordance with paragraphs 57 and 58 of the Final Document, and thereby to ensure that the survival of mankind is not endangered;

'(h) Further steps to prohibit military or any other hostile use of environmental modification techniques;

'(i) Multilateral regional and bilateral measures on the limitation and reduction of conventional weapons and armed forces, in accordance with the relevant provisions of the Final Document;

'(j) Reduction of military expenditures;

'(k) Confidence-building measures, taking into account the particular conditions and requirements of different regions, with a view to strengthening the security of States.'

"6. Though the mid-point of the Decade has been reached, its goals are far from being achieved. It is a matter of regret that, in spite of the efforts of many States, no substantial progress has been made even on items of highest priority. The threat to the survival of mankind is no less today than it was at the beginning of the Decade.

"7. An encouraging development is the initiation of bilateral negotiations between the Union of Soviet Socialist Republics and the United States of America in accordance with the joint communiqué issued by the two Governments on 8 January 1985. Progress in these talks should have beneficial effects on the multilateral disarmament process as well as help to reduce international tension, thus promoting the global security environment.

"8. The United Nations should be kept appropriately informed of these negotiations without prejudice to their progress.

"9. The Disarmament Commission expects that all States Members of the United Nations, in particular those possessing the largest military arsenals, will resolutely pursue the objectives set forth in the Declaration and achieve concrete results during the remaining five years of the Decade.

"10. The Disarmament Commission accordingly recommends to the General Assembly to call upon all States, particularly the nuclear-weapon States, to:

"(a) Reaffirm their commitment to the Declaration of the Second Disarmament Decade;

"(b) Reaffirm their commitment to the attainment of the ultimate objective of general and complete disarmament under effective international control;

"(c) Adopt concrete and practical measures for preventing the outbreak of war, in particular nuclear war;

"(d) Take appropriate steps to halt and reverse the nuclear-arms race with a view to improving the international climate as well as enhancing the efficacy of disarmament negotiations;

"(e) Exert greater effort in the implementation of the World Disarmament Campaign."  

F. Guidelines for appropriate types of confidence-building measures and for the implementation of such measures

on a global or regional level(16)

"The Commission has elaborated the subsequent guidelines for appropriate types of confidence-building measures for the consideration of the General Assembly at its forty-first session, in keeping with resolution 39/63 E.

"The text of the guidelines is agreed on all counts.

"The Commission wishes to draw particular attention to paragraph 1.2.5 of the guidelines where it is emphasized that the accumulation of relevant experience with confidence-building measures may necessitate the further development of the text at a later time, should the General Assembly so decide.

"In elaborating the guidelines, all delegations were aware, notwithstanding the high significance and role of confidence-building measures, of the primary importance of disarmament measures and the singular contribution only disarmament can make to the prevention of war, in particular nuclear war. Some delegations would have wished to see the criteria and characteristics of a regional approach to confidence-building measures spelt out in greater detail.

"1. General considerations

"1.1 Frame of reference

"1.1.1 The present guidelines for confidence-building measures have been drafted by the Disarmament Commission in pursuance of resolution 37/100 D adopted by consensus by the General Assembly, in which the Disarmament Commission was requested 'to consider the elaboration of guidelines for appropriate types of confidence-building measures and for the implementation of such measures on a global or regional level', and of resolutions 38/73 A and 39/63 E in which it was asked to continue and conclude its work, and was further requested to submit to the General Assembly at its forty-first session a report containing such guidelines.

"1.1.2 In elaborating the guidelines the Disarmament Commission took into account, inter alia, the following United Nations documents: the Final Document of the Tenth Special Session of the General Assembly, the first special session devoted to disarmament (resolution S-10/2), the relevant resolutions adopted by consensus by the General Assembly (resolutions 34/87 B, 35/156 B, 36/57 F, 37/100 D and 38/73), the replies received from Governments informing the Secretary-General of their views and experiences regarding confidence-building measures, (17) the Comprehensive Study on Confidence-building Measures (18) by a Group of Governmental Experts, the proposals made by individual countries at the twelfth special session of the General Assembly, (19) the second special session devoted to disarmament, as well as the views of delegations as expressed during the annual sessions of the Disarmament Commission in 1983, 1984 and 1986 and reflected in the relevant documents of those sessions.

"1.2 General political context

"1.2.1 These guidelines have been elaborated at a time when it is universally felt that efforts to heighten confidence among States are particularly pertinent and necessary. There is a common concern about the deterioration of the international situation, the continuous recourse to the threat or use of force and the further escalation of the international arms build-up, with the concomitant rise in instabilities, political tensions and in mistrust, and the heightened perception of the danger of war, both conventional and nuclear. At the same time, there is a growing awareness of the unacceptability of war in our time, and of the interdependence of the security of all States.

"1.2.2 This situation calls for every effort by the international community to take urgent action for the prevention of war, in particular nuclear war - in the language of the Final Document of the Tenth Special Session, a threat whose removal is the most acute and urgent task of the present day - and for concrete measures of disarmament - to prevent an arms race in space and to terminate it on earth, to limit, reduce and eventually eliminate nuclear arms and enhance strategic stability - but also for efforts to reduce political confrontation and to establish stable and cooperative relationships in all fields of international relations.

"1.2.3 In this context, a confidence-building process embracing all these fields has become increasingly important. Confidence-building measures, especially when applied in a comprehensive manner, have a potential to contribute significantly to the enhancement of peace and security and to promote and facilitate the attainment of disarmament measures.

"1.2.4 This potential is at present already being explored in some regions and subregions of the world, where the States concerned - while remaining mindful of the need for global action and for disarmament measures - are joining forces to contribute, by the elaboration and implementation of confidence-building measures, to more stable relations and greater security, as well as the elimination of outside intervention and enhanced cooperation in their areas.

The present guidelines have been drafted with these significant experiences in mind, but they also purport to provide further support to these and other endeavours on the regional and global level. They do not, of course, exclude the simultaneous application of other security-enhancing measures.

"1.2.5 These guidelines are part of a dynamic process over time. While they are designed to contribute to a greater usefulness and wider application of confidence-building measures, the accumulation of relevant experience may, in turn, necessitate the further development of the guidelines at a later time, should the General Assembly so decide.

"1.3 Delimitation of the subject

"1.3.1 Confidence-building measures and disarmament

"1.3.1.1 Confidence-building measures must be neither a substitute nor a precondition for disarmament measures nor divert attention from them. Yet their potential for creating favourable conditions for progress in this field should be fully utilized in all regions of the world, in so far as they may facilitate and do not impair in any way the adoption of disarmament measures.

"1.3.1.2 Effective disarmament and arms limitation measures which directly limit or reduce military potential have particularly high confidence-building value and, among these measures, those relating to nuclear disarmament as especially conducive to confidence-building.

"1.3.1.3 The provisions of the Final Document of the Tenth Special Session relating to disarmament, particularly nuclear disarmament, also have a high confidence-building value.

"1.3.1.4 Confidence-building measures may be worked out and implemented independently in order to contribute to the creation of favourable conditions for the adoption of additional disarmament measures, or, no less important, as collateral measures in connection with specific measures of arms limitation and disarmament.

"1.3.2 Scope of confidence-building measures: military and non-military measures

"1.3.2.1 Confidence reflects a set of interrelated factors of a military as well as of a non-military character, and a plurality of approaches is needed to overcome fear, apprehension and mistrust between States and to replace them by confidence.

"1.3.2.2 Since confidence relates to a wide spectrum of activities in the interaction among States, a comprehensive approach is indispensable and confidence-building is necessary in the political, military, economic, social, humanitarian and cultural fields. These should include removal of political tensions, progress towards disarmament, reshaping of the world economic system and the elimination of racial discrimination, of any form of hegemony and domination and of foreign occupation. It is important that in all these areas the confidence-building process should contribute to diminishing mistrust and enhancing trust among States by reducing and eventually eliminating potential causes for misunderstanding, misinterpretation and miscalculation.

"1.3.2.3 Notwithstanding the need for such a broad confidence-building process, and in accordance with the mandate of the Disarmament Commission, the main focus of the present guidelines for confidence-building measures relates to the military and security field, and the guidelines derive their specificity from these aspects.

"1.3.2.4 In many regions of the world economic and other phenomena touch upon the security of a country with such immediacy that they cannot be disassociated from defence and military matters. Concrete measures of a non-military nature that are directly relevant to the national security and survival of States are therefore fully within the focus of the guidelines. In such cases military and non-military measures are complementary and reinforce each other's confidence-building value.

"1.3.2.5 The appropriate mixture of different types of concrete measures should be determined for each region, depending on the perception of security and of the nature and levels of existing threats, by the countries of the regions themselves.

"2. Guidelines for appropriate types of confidence-building measures and for their implementation

"2.1 Principles

"2.1.1 Strict adherence to the Charter of the United Nations and fulfilment of the commitments contained in the Final Document of the Tenth Special Session of the General Assembly (resolution S-10/2), the validity of which had been unanimously and categorically reaffirmed by all Member States at the twelfth special session of the General Assembly, the second special session devoted to disarmament, make a contribution of overriding importance for the preservation of peace and for ensuring the survival of mankind and the realization of general and complete disarmament under effective international control.

"2.1.2 In particular, and as a prerequisite for enhancing confidence among States, the following principles enshrined in the Charter of the United Nations must be strictly observed:

"(a) Refraining from the threat or use of force against the territorial integrity or political independence of any State;

"(b) Non-intervention and non-interference in the internal affairs of States;

"(c) Peaceful settlement of disputes;

"(d) Sovereign equality of States and self-determination of peoples.

"2.1.3 The strict observance of the principles and priorities of the Final Document of the Tenth Special Session is of particular importance for enhancing confidence among States.

"2.2 Objectives

"2.2.1 The ultimate goal of confidence-building measures is to strengthen international peace and security and to contribute to the prevention of all wars, in particular nuclear war.

"2.2.2 Confidence-building measures are to contribute to the creation of favourable conditions for the peaceful settlement of existing international problems and disputes and for the improvement and promotion of international relations based on justice, cooperation and solidarity; and to facilitate the solution of any situation which might lead to international friction.

"2.2.3 A major goal of confidence-building measures is the realization of universally recognized principles, particularly those contained in the Charter of the United Nations.

"2.2.4 By helping to create a climate in which the momentum towards a competitive arms build-up can be reduced and in which the importance of the military element is gradually diminished, confidence-building measures should in particular facilitate and promote the process of arms limitation and disarmament.

"2.2.5 A major objective is to reduce or even eliminate the causes of mistrust, fear, misunderstanding and miscalculation with regard to relevant military activities and intentions of other States, factors which may generate the perception of an impaired security and provide justification for the continuation of the global and regional arms build-up.

"2.2.6 A centrally important task of confidence-building measures is to reduce the dangers of misunderstanding or miscalculation of military activities, to help to prevent military confrontation as well as covert preparations for the commencement of a war, to reduce the risk of surprise attacks and of the outbreak of war by accident; and thereby, finally, to give effect and concrete expression to the solemn pledge of all nations to refrain from the threat or use of force in all its forms and to enhance security and stability.

"2.2.7 Given the enhanced awareness of the importance of compliance, confidence-building measures may serve the additional objective of facilitating verification of arms limitation and disarmament agreements.

In addition, strict compliance with obligations and commitments in the field of disarmament and cooperation in the elaboration and implementation of adequate measures to ensure the verification of such compliance - satisfactory to all parties concerned and determined by the purposes, scope and nature of the relevant agreement - have a considerable confidence-building effect of their own.

Confidence-building measures cannot, however, supersede verification measures, which are an important element in arms limitation and disarmament agreements.

"2.3 Characteristics

"2.3.1 Confidence in international relations is based on the belief in the cooperative disposition of other States. Confidence will increase to the extent that the conduct of States, over time, indicates their willingness to practise non-aggressive and cooperative behaviour.

"2.3.2 Confidence-building requires a consensus of the States participating in the process. States must therefore decide freely and in the exercise of their sovereignty whether a confidence-building process is to be initiated and, if so, which measures are to be taken and how the process is to be pursued.

"2.3.3 Confidence-building is a step-by-step process of taking all concrete and effective measures which express political commitments and are of military significance and which are designed to make progress in strengthening confidence and security to lessen tension and assist in arms limitation and disarmament. At each stage of this process States must be able to measure and assess the results achieved. Verification of compliance with agreed provisions should be a continuing process.

"2.3.4 Political commitments taken together with concrete measures giving expression and effect to those commitments are important instruments for confidence-building.

"2.3.5 Exchange or provision of relevant information on armed forces and armaments as well as on pertinent military activities plays an important role in the process of arms limitation and disarmament and of confidence-building. Such an exchange or provision could promote trust among States and reduce the occurrence of dangerous misconceptions about the intentions of States. Exchange or provision of information in the field of arms limitation, disarmament and confidence-building should be appropriately verifiable as provided for in respective arrangements, agreements or treaties.

"2.3.6 A detailed universal model being obviously impractical, confidence-building measures must be tailored to specific situations. The effectiveness of a concrete measure will increase the more it is adjusted to the specific perceptions of threat or the confidence requirements of a given situation or a particular region.

"2.3.7 If the circumstances of a particular situation and the principle of undiminished security allow, confidence-building measures could, within a step-by-step process, where desirable and appropriate, go further and (though not by themselves capable of diminishing military potentials) limit available military options.

"2.4 Implementation

"2.4.1 In order to optimize the implementation of confidence-building measures, States taking, or agreeing to, such measures should carefully analyse, and identify with the highest possible degree of clarity, the factors which favourably or adversely affect confidence in a specific situation.

"2.4.2 Since States must be able to examine and assess the implementation of, and to ensure compliance with, a confidence-building arrangement, it is indispensable that the details of the established confidence-building measures should be defined precisely and clearly.

"2.4.3 Misconceptions and prejudices, which may have developed over an extended period of time, cannot be overcome by a single application of confidence-building measures. The seriousness, credibility and reliability of a State's commitment to confidence-building, without which the confidence-building process cannot be successful, can be demonstrated only by consistent implementation over time.

"2.4.4 The implementation of confidence-building measures should take place in such a manner as to ensure the right of each State to undiminished security, guaranteeing that no individual State or group of States obtains advantages over others at any stage of the confidence-building process.

"2.4.5 The building of confidence is a dynamic process: experience and trust gained from the implementation of early largely voluntary and militarily less significant measures can facilitate agreement on further and more far-reaching measures.

The pace of the implementation process both in terms of timing and scope of desirable measures depends on prevailing circumstances. Confidence-building measures should be as substantial as possible and effected as rapidly as possible. Whilst in a specific situation the implementation of far-reaching arrangements at an early stage might be attainable, it would normally appear that a gradual step-by-step process is necessary.

"2.4.6 Obligations undertaken in agreements on confidence-building measures must be fulfilled in good faith.

"2.4.7 Confidence-building measures should be implemented on the global as well as on regional levels. Regional and global approaches are not contradictory but rather complementary and interrelated. In view of the interaction between global and regional events, progress on one level contributes to advancement on the other level; however, one is not a pre-condition for the other.

In considering the introduction of confidence-building measures in particular regions, the specific political, military and other conditions prevailing in the region should be fully taken into account. Confidence-building measures in a regional context should be adopted on the initiative and with the agreement of the States of the region concerned.

"2.4.8 Confidence-building measures can be adopted in various forms. They can be agreed upon with the intention of creating legally binding obligations, in which case they represent international treaty law among parties. They can, however, also be agreed upon through politically binding commitments. Evolution of politically binding confidence-building measures into obligations under international law can also be envisaged.

"2.4.9 For the assessment of progress in the implementing action of confidence-building measures, States should, to the extent possible and where appropriate, provide for procedures and mechanisms for review and evaluation. Where possible, time-frames could be agreed to facilitate this assessment in both quantitative and qualitative terms.

"2.5 Development, prospects and opportunities

"2.5.1 A very important qualitative step in enhancing the credibility and reliability of the confidence-building process may consist in strengthening the degree of commitment with which the various confidence-building measures are to be implemented; this, it should be recalled, is also applicable to the implementation of commitments undertaken in the field of disarmament. Voluntary and unilateral measures should, as early as appropriate, be developed into mutual, balanced and politically binding provisions and, if appropriate, into legally binding obligations.

"2.5.2 The nature of a confidence-building measure may gradually be enhanced to the extent that its general acceptance as the correct pattern of behaviour grows. As a result, the consistent and uniform implementation of a politically binding confidence-building measure over a substantial period of time, together with the requisite opinio iuris, may lead to the development of an obligation under customary international law. In this way, the process of confidence-building may gradually contribute to the formation of new norms of international law.

"2.5.3 Statements of intent and declarations, which in themselves contain no obligation to take specific measures but have the potential to contribute favourably to an atmosphere of greater mutual trust, should be developed further by more concrete agreements on specific measures.

"2.5.4 Opportunities for the introduction of confidence-building measures are manifold. The following compilation of some of the main possibilities may be of assistance to States wishing to define what might present a suitable opportunity for action.

"2.5.4.1 A particular need for confidence-building measures exists at times of political tension and crises, where appropriate measures can have a very important stabilizing effect.

"2.5.4.2 Negotiations on arms limitation and disarmament can offer a particularly important opportunity to agree on confidence-building measures. As integral parts of an agreement itself or by way of supplementary agreements, they can have a beneficial effect on the parties' ability to achieve the purposes and goals of their particular negotiations and agreements by creating a climate of cooperation and understanding, by facilitating adequate provisions for verification acceptable to all the States concerned and corresponding to the nature, scope and purpose of the agreement, and by fostering reliable and credible implementation.

"2.5.4.3 A particular opportunity might arise upon the introduction of peace-keeping forces, in accordance with the purposes of the United Nations Charter, into a region or on the cessation of hostilities between States.

"2.5.4.4 Review conferences of arms limitation agreements might also provide an opportunity to consider confidence-building measures, provided these measures are in no way detrimental to the purposes of the agreements; the criteria of such action to be agreed upon by the parties to the agreements.

"2.5.4.5 Many opportunities exist in conjunction with agreements among States in other areas of their relations, such as the political, economic, social and cultural fields, for example in the case of joint development projects, especially in frontier areas.

"2.5.4.6 Confidence-building measures, or at least a statement of intent to develop them in the future, could also be included in any other form of political declaration on goals shared by two or more States.

"2.5.4.7 Since it is especially the multilateral approach to international security and disarmament issues which enhances international confidence, the United Nations can contribute to increasing confidence by playing its central role in the field of international peace, security and disarmament. Organs of the United Nations and other international organizations could participate in encouraging the process of confidence-building as appropriate. In particular, the General Assembly and the Security Council - their tasks in the field of disarmament proper notwithstanding - can further this process, by adopting decisions and recommendations containing suggestions and requests to States to agree on and implement confidence-building measures. The Secretary-General, in accordance with the Charter of the United Nations, could also contribute significantly to the process of confidence-building by suggesting specific confidence-building measures or by providing his good offices, particularly at times of crises, in promoting the establishment of certain confidence-building procedures.

"2.5.4.8 In accordance with item IX of its established agenda - the so-called decalogue - and without prejudice to its negotiating role in all areas of its agenda, the Conference on Disarmament could identify and develop confidence-building measures in relation to agreements on disarmament and arms limitation under negotiation in the Conference."

G. Verification in all its aspects(20)

"I. PRINCIPLES OF VERIFICATION

"In the context of pursuing general and complete disarmament under effective international control, as a matter of critical importance in the negotiation and implementation of arms limitation and disarmament agreements, the Disarmament Commission affirms the continued relevance of the principles concerning verification as enunciated in the following paragraphs of the Final Document of the Tenth Special Session of the General Assembly:

"Paragraph 31: 'Disarmament and arms limitation agreements should provide for adequate measures of verification satisfactory to all parties concerned in order to create the necessary confidence and ensure that they are being observed by all parties. The form and modalities of the verification to be provided for in any specific agreement depend upon and should be determined by the purposes, scope and nature of the agreement. Agreements should provide for the participation of parties directly or through the United Nations system in the verification process. Where appropriate, a combination of several methods of verification as well as other compliance procedures should be employed.'

"Paragraph 91: 'In order to facilitate the conclusion and effective implementation of disarmament agreements and to create confidence, States should accept appropriate provisions for verification in such agreements.'

"Paragraph 92: 'In the context of international disarmament negotiations, the problem of verification should be further examined and adequate methods and procedures in this field be considered. Every effort should be made to develop appropriate methods and procedures which are non-discriminatory and which do not unduly interfere with the internal affairs of other States or jeopardize their economic and social development.'

"The Disarmament Commission considers that the following general principles elaborate upon or add to those stated in the Final Document of the Tenth Special Session of the General Assembly. While further work can be done to formulate adequately these and other principles relating to verification, the following is a non-exhaustive listing of such principles:

"(1) Adequate and effective verification is an essential element of all arms limitation and disarmament agreements.

"(2) Verification is not an aim in itself, but an essential element in the process of achieving arms limitation and disarmament agreements.

"(3) Verification should promote the implementation of arms limitation and disarmament measures, build confidence among States and ensure that agreements are being observed by all parties.

"(4) Adequate and effective verification requires employment of different techniques, such as national technical means, international technical means and international procedures, including on-site inspections.

"(5) Verification in the arms limitation and disarmament process will benefit from greater openness.

"(6) Arms limitation and disarmament agreements should include explicit provisions whereby each party undertakes not to interfere with the agreed methods, procedures and techniques of verification, when these are operating in a manner consistent with the provisions of the agreement and generally recognized principles of international law.

"(7) Arms limitation and disarmament agreements should include explicit provisions whereby each party undertakes not to use deliberate concealment measures which impede verification of compliance with the agreement.

"(8) To assess the continuing adequacy and effectiveness of the verification system, an arms limitation and disarmament agreement should provide for procedures and mechanisms for review and evaluation. Where possible, time-frames for such reviews should be agreed in order to facilitate this assessment.

"(9) Verification arrangements should be addressed at the outset and at every stage of negotiations on specific arms limitation and disarmament agreements.

"(10) All States have equal rights to participate in the process of international verification of agreements to which they are parties.

"(11) Adequate and effective verification arrangements must be capable of providing, in a timely fashion, clear and convincing evidence of compliance or non-compliance. Continued confirmation of compliance is an essential ingredient to building and maintaining confidence among the parties.

"(12) Determinations about the adequacy, effectiveness and acceptability of specific methods and arrangements intended to verify compliance with the provisions of an arms limitation and disarmament agreement can only be made within the context of that agreement.

"(13) Verification of compliance with the obligations imposed by an arms limitation and disarmament agreement is an activity conducted by the parties to an arms limitation and disarmament agreement or by an organization at the request and with the explicit consent of the parties, and is an expression of the sovereign right of States to enter into such arrangements.

"(14) Requests for inspections or information in accordance with the provisions of an arms limitation and disarmament agreement should be considered as a normal component of the verification process. Such requests should be used only for the purposes of the determination of compliance, care being taken to avoid abuses.

"(15) Verification arrangements should be implemented without discrimination, and, in accomplishing their purpose, avoid unduly interfering with the internal affairs of State parties or other States, or jeopardizing their economic, technological and social development.

"(16) To be adequate and effective, a verification regime for an agreement must cover all relevant weapons, facilities, locations, installations and activities.

"II. PROVISIONS AND TECHNIQUES OF VERIFICATION

"1. The Disarmament Commission recognizes that there is a variety of methods, procedures and techniques available for the verification of compliance with arms limitation and disarmament agreements. No verification arrangements can be absolutely foolproof. Adequate and effective verification will involve the use of a combination of various verification methods, procedures and techniques which will operate in such a manner that they reinforce one another. Some methods, procedures and techniques are uniquely applicable in specific arms limitation and disarmament contexts, while others have wider applicability. The determination of the appropriate details and combination of methods, procedures and techniques will vary with the scope and nature of the arms limitation and disarmament agreement and will be a critical component of the specific treaty negotiations.

"2. The Disarmament Commission also emphasizes that the inclusion of provisions respecting procedures for consultation and cooperation can greatly assist in resolving problems emerging in the course of the implementation of arms limitation and disarmament agreements, such as concerns about compliance. Such provisions for consultation and cooperation could involve the use of some or all of the following: bilateral consultations, the United Nations, and/or the use of organizations set up under the specific agreement in question.

"3. The Disarmament Commission also recognizes that under general international law, parties to treaties are obligated to take the measures necessary for implementation of the treaty at the national level. Such national measures should be undertaken in a fashion to facilitate adequate and effective verification.

"4. The Disarmament Commission recognizes the utility of continuing the examination of verification methods, procedures and techniques. One possible example of the work that could be done is the preparation of a compilation of possible verification methods, procedures and techniques, including those which form part of existing arms limitation and disarmament agreements as well as those which have been proposed. Such a catalogue, which could form part of a verification database, would be illustrative and would exemplify the range and scope of methods, procedures and techniques applicable to the verification of compliance. It could be useful in facilitating a consideration of verification as an integral part of arms limitation and disarmament negotiations. The survey of methods, procedures and techniques that would be necessary to prepare such a compilation could also provide the initial steps towards producing a directory of sources of verification expertise. It could also serve to identify current research activities relating to verification and indicate areas where more research would be beneficial. The format and expense of such a catalogue should be subject to further examination.

"5. The Disarmament Commission takes note that many countries have provided to the international community the results of their research concerning verification matters, whether it be in the use of existing technology or in the consideration of how technology might evolve in order to facilitate the verification of future agreements. The Disarmament Commission commends to experts and researchers the worthy endeavour of deepening the international community's understanding of verification provisions and techniques.

"III. THE ROLE OF THE UNITED NATIONS AND ITS MEMBER
STATES IN THE FIELD OF VERIFICATION

"1. The Disarmament Commission welcomes the view expressed by the Secretary-General in his 1987 report on the work of the Organization that the United Nations can make a significant contribution in the field of verification. (21) Such a contribution can be viewed as in accordance with the central role and primary responsibility of the United Nations as stated in paragraph 114 of the Final Document of the Tenth Special Session of the General Assembly.

"2. The Disarmament Commission takes note of various views expressed and concrete proposals made, within the framework of its discussions, by a number of countries with respect to the nature and scope of the role that the United Nations could possibly play in the context of verification of compliance with arms limitation and disarmament agreements. These proposals, which were discussed but on which no consensus was possible, include, inter alia: (a) the establishment of a verification database within the United Nations; (b) the development of a United Nations capacity to provide advice to negotiators respecting verification matters; (c) research into the process, structures, procedures and techniques of verification as well as the role of the United Nations, beginning with a request to the Secretary-General to look into these and other matters with the assistance of qualified experts; (d) on a responsive basis, and with the consent of the parties to an arms limitation and disarmament negotiation or agreement, potential involvement by the United Nations in the formulation and implementation of verification provisions of specific agreements; (e) the establishment of an integrated multilateral verification system within the United Nations; and (f) the setting up, under the aegis of the United Nations, of a mechanism for extensive international verification of compliance with agreements on reducing international tension and limiting armaments and on the military situation in conflict areas."

H. Nuclear capability of South Africa: conclusions and recommendations(22)

"1. Guided by the fundamental and universal principles enshrined in the Charter of the United Nations and with reference to the Declaration on Apartheid and its Destructive Consequences in South Africa adopted by consensus at the sixteenth special session of the General Assembly (resolution S-16/1, annex), the Commission reiterates its condemnation of the continuation of the policy and practice of apartheid in South Africa which is a crime against the conscience and dignity of mankind. While noting that certain positive developments are now taking place in South Africa, the Commission stresses that the apartheid system and its institutionalized pillars still remain in place. In reaffirming the right of all peoples to self-determination, the Commission supports all those in South Africa who strive for the elimination of apartheid and the building of a non-racial and democratic society in that country.

"2. The Commission recalls Security Council resolution 418 (1977) which, inter alia, expressed the Council's grave concern that South Africa was, at that time, at the threshold of producing nuclear weapons. The use of its nuclear capability by South Africa for nuclear-weapon purposes would heighten tension and increase the threat to regional as well as international peace and security.

"3. The Commission further recalls that the Security Council had, by its resolution 418 (1977), determined that the acquisition by South Africa of arms and related matériel constituted a threat to the maintenance of international peace and security and had decided that all States shall cease forthwith any provision to South Africa of arms and related matériel.

"4. The issue of South Africa's nuclear capability has been brought to international attention by General Assembly resolution 34/76 B of 11 December 1979 and included in the agenda of the Disarmament Commission since its first substantive session in 1979 at the request of the Chairman of the Special Committee against Apartheid (A/CN.10/4), following the conclusions of the United Nations Seminar on Nuclear Collaboration with South Africa, held at London in February 1979.

"5. In consideration of the item the Commission reaffirms with regard to South Africa the concern already expressed in paragraph 12 of the Final Document of the Tenth Special Session of the General Assembly (General Assembly resolution S-10/2). In this respect, the Commission strongly recommends that the General Assembly renew its call upon all States to adhere strictly to the relevant decisions of the Security Council.

"6. The proliferation of nuclear weapons to any country is a matter of serious concern to the world. South Africa's introduction of nuclear weapons to the African continent, and particularly in such a volatile region as southern Africa, not only would be a severe blow to worldwide efforts at non-proliferation but also upset many years' efforts to spare the African continent from the nuclear-arms race in accordance with the Organization of African Unity (OAU) Declaration on the Denuclearization of Africa.

"7. The Commission notes the 1977 reports of the discovery of preparations for a nuclear-weapons-test site in the Kalahari desert and reports about the 22 September 1979 event in the South Atlantic. These reports and the report of the Secretary-General on South Africa's plan and capability in the nuclear field (A/35/401 and Corr.1) and the report of the United Nations Institute for Disarmament Research (A/39/470) have caused legitimate and particular concern to the African States and the international community, in general.

"8. The Commission recommends that the General Assembly bring to the Security Council's attention the grave consequences of the development of any sort of nuclear-weapons capability by South Africa and its implications for the security of African States, the proliferation of nuclear weapons, and the collective decision of the African States regarding the denuclearization of Africa, which has been endorsed by the General Assembly.

"9. The Commission considers it at variance with the development of friendly relations and cooperation among States to assist South Africa in the development of a nuclear-weapon programme enabling the regime to pursue a policy of destabilization against the countries of the African continent. In this respect, the Commission underscores Security Council resolution 591 (1986), in which the Council requested all States to refrain from any collaboration with South Africa in the nuclear field which will contribute to the development and manufacture by South Africa of nuclear weapons and nuclear explosive devices.

"10. All States and international organizations have the duty and responsibility to contribute to the efforts towards the elimination of apartheid. In addition, Member States should fully implement Security Council resolution 418 (1977), unanimously adopted by the Security Council, in which, inter alia, the Council called upon Member States to refrain from any cooperation with South Africa in the development and manufacture of nuclear weapons. It is, therefore, the responsibility of the international community to ensure that effective and concrete measures are taken to stop the development of its nuclear-weapons capability. To this end, the Disarmament Commission recommends that:

"(a) States should cease forthwith all collaboration with South Africa in the military and nuclear field which may contribute, directly or indirectly, to the development of its nuclear-weapons capability.

"(b) In the light of Security Council resolutions 418 (1977), 558 (1984) and 591 (1986), the Disarmament Commission recommends that the General Assembly should urge all States to observe scrupulously their obligations concerning the arms embargo against South Africa. The Security Council should continue to monitor closely the implementation of the arms embargo against South Africa in all its aspects in order to prevent any form of assistance to the development of its nuclear-weapons capability and the Secretary-General should report thereon periodically to the General Assembly.

"(c) All States should consider and respect the continent of Africa as a nuclear-weapon-free zone, in accordance with General Assembly resolution 2033 (XX) of 3 December 1965, in which the Assembly endorsed the Declaration on the Denuclearization of Africa adopted in 1964 by the Assembly of Heads of State and Government of the Organization of African Unity. To this end, the General Assembly should request the Secretary-General to offer such assistance as OAU may require to advance the realization of these objectives.

"(d) The Commission would consider it an important step if South Africa accedes to the Treaty on the Non-Proliferation of Nuclear Weapons and calls upon South Africa to place all its nuclear facilities and installations under fullscope IAEA safeguards. To this end, the Commission recommends that the General Assembly should request IAEA to report to the Assembly on its implementation.

"(e) South Africa should practise transparency and openness in its military affairs in order to allow for full assessment of its activities in the military and nuclear field by the international community and in particular by its neighbouring States.

"(f) The Commission recommends further that the Secretary-General should follow more closely South Africa's evolution in the nuclear field and report regularly to the General Assembly on the implementation of these recommendations and on all new developments which would require the attention of the international community."

I. Review of the role of the United Nations in the field of disarmament(23)

"1. The primary purpose of the United Nations is to maintain international peace and security. The United Nations constitutes the only universal forum where all Member States contribute to the process of disarmament. Its role and responsibilities in this field are exercised through institutional arrangements which Member States should utilize to fullest possible extent. In this connection, the effectiveness of the Organization in the field of disarmament should be strengthened and the work of its bodies improved.

"2. All States Members of the United Nations are committed to the purposes of the Charter of the United Nations and therefore must strictly observe its principles. They must also observe other relevant and generally accepted principles of international law relating to the maintenance of international peace and security. Furthermore, genuine and lasting peace should be sought through their observance and the speedy conclusion of concrete disarmament measures leading to general and complete disarmament under effective international control. Multilateral agreements on measures of disarmament play an important role in contributing to the maintenance of international peace and security.

"3. All the peoples of the world have a vital interest in the success of disarmament negotiations. While disarmament is the responsibility of all States, the nuclear-weapon States, in particular those among them which possess the most important nuclear arsenals, have a special responsibility for nuclear disarmament and, together with other militarily significant States, for halting and reversing the arms race. It was noted that in discharge of this responsibility important initial steps had been taken leading in this direction, and that further negotiations among some of those States were in progress.

"4. The United Nations should support and facilitate all disarmament efforts - unilateral, bilateral, regional and multilateral - and be kept duly informed, through the General Assembly or any other appropriate United Nations channel reaching all Members of the Organization, of developments in disarmament efforts outside its aegis, without prejudice to the progress of negotiations.

"5. All States should give due account and consideration to recommendations by the United Nations, including the Final Document of the Tenth Special Session of the General Assembly, the first special session devoted to disarmament, which was adopted by consensus, and act in accordance with the obligations they have assumed. All States have the right and the duty to be concerned with and to contribute to efforts in the field of disarmament as stipulated in the Final Document of the Tenth Special Session of the General Assembly.

"6. Disarmament, development, relaxation of international tension, respect for the right to self-determination and national independence, non-interference in internal affairs of States, respect for human rights, the peaceful settlement of disputes in accordance with the Charter and the strengthening of international peace and security are related to each other. Progress in any of these spheres has a beneficial effect on all of them; in turn, failure in one sphere can have negative effects on the others.

"7. The improvement in the international security situation facilitates sustained progress in the field of disarmament. Equally, the conclusion of concrete disarmament agreements strengthens international peace and security. War, in particular nuclear war, must be prevented. Disarmament should be pursued in the context of strengthening international peace and security, in compliance with the Charter of the United Nations.

"8. The Conference on Disarmament has a unique character and importance as the single multilateral disarmament negotiating body, and it is important that it continue to discharge its substantive responsibilities. The Conference on Disarmament has a unique relationship with the United Nations. The Commission affirms that the work of the Conference is of great relevance to the Members of the United Nations. Accordingly, the General Assembly welcomes the decision of the Conference on Disarmament to improve its performance so as better to fulfil its responsibilities, implement its decisions at the earliest opportunity, to consider further questions related to its improved and effective functioning, to consider the question of the expansion of its membership, as well as the facilitation of the participation of States not members of the Conference.

"9. The Security Council, having regard to its special status and responsibilities pursuant to the relevant provisions of the Charter, should continue to ensure the effectiveness of its central role with regard to the maintenance of international peace and security, keeping in mind the interrelationship existing between disarmament, international peace and security.

"10. The General Assembly constitutes the main deliberative organ of the United Nations in the field of disarmament and should continue to promote disarmament and to facilitate the achievement of disarmament agreements among States, by the following means:

"(a) Special sessions of the General Assembly devoted to disarmament have contributed to strengthening international cooperation in the field of disarmament. Special sessions should be convened as appropriate to consider relevant issues such as to review and assess the results of the efforts of Member States and of the United Nations in promoting deliberations and negotiations on all relevant issues of disarmament, and to endeavour to provide recommendations and guidance regarding measures in the field of disarmament;

"(b) The First Committee of the General Assembly should continue to serve as its Main Committee dealing with disarmament and related international security questions. The First Committee should make the necessary improvements in its methods and procedures of work with a view to increasing its efficiency. In this regard, each succeeding chairman should continue to hold consultations with a view to refining further the practices and procedures of the Committee. To this end, the First Committee should take into account, inter alia, the recommendations contained in General Assembly resolution 42/42 N of 30 November 1987 and should continue to endeavour to expand areas of consensus. Bearing in mind the increasing importance that the international community attaches to the items on the agenda of the Conference on Disarmament, appropriate attention should be given to the consideration of the reports of the Conference. The First Committee should devote a portion of its work programme to consider, under the appropriate agenda items, the annual report of the Conference;

"(c) The Disarmament Commission, as the specialized deliberative body within the United Nations multilateral disarmament machinery, allows for in-depth deliberations leading to the submission of concrete recommendations on specific disarmament issues. In order to improve the efficiency of its work, it should fully implement the decision concerning the ways and means to enhance its functioning. Such an undertaking would enable it to continue to play a constructive role within the United Nations disarmament machinery.

"11. In the exercise of his role as envisaged in the Charter, the Secretary-General facilitates the discharge of the responsibilities of the United Nations regarding the maintenance of international peace and security. All States should give the Secretary-General maximum support to enable him to discharge, as effectively as possible, his responsibilities under the Charter. In the exercise of his role, the Secretary-General should be assisted by an adequately staffed and funded Department for Disarmament Affairs. The resources accorded to the Department should be commensurate with the requirements of its mandated tasks in so far as the budgetary restraints of the United Nations permit. The role of the Department for Disarmament Affairs in assisting the Secretary-General in his coordination of the activities of the United Nations and relevant specialized agencies in the field of disarmament should be strengthened. When agreed by the parties, the Secretary-General of the United Nations should continue to serve as depositary of the legal instruments of multilateral disarmament agreements.

"12. In light of the modifications to the functioning of the Secretary-General's Advisory Board on Disarmament Matters introduced by the Secretary-General in 1989, including the changing of its title, the Advisory Board should continue to play a useful role, particularly in its dual capacity as the Secretary-General's Advisory Board on Disarmament Matters, as well as the Board of Trustees of the United Nations Institute for Disarmament Research; it could benefit from wider contacts with prominent persons and institutions possessing expertise relevant to the Board's work.

"13. In accordance with the statute and the autonomous status of the United Nations Institute for Disarmament Research, its work should continue to be independent-research-oriented, of a high academic standard and of practical value. The Institute should strengthen its cooperation with national and regional research institutes in the field of disarmament. More financial contributions would ensure a greater viability and the development of the Institute.

"14. The Ad Hoc Committee on the Indian Ocean is a preparatory body tasked with the completion of organizational and substantive issues related to the convening of a Conference in Colombo which would seek to implement the Declaration of the Indian Ocean as a zone of peace. It is the view of those voting in favour of General Assembly resolution 44/120 that the Ad Hoc Committee on the Indian Ocean should continue to fulfil its mandate.

"15. Without prejudice to the outcome of its ongoing assessment, the World Disarmament Campaign, as a global information programme, should continue its contributions by informing, educating, and generating public understanding and support for the objectives of the United Nations in the field of arms limitation and disarmament in a balanced, factual and objective manner. Member States and other entities are encouraged to broaden the financial base of support of the Campaign with further voluntary contributions as well as to cooperate by other means so as to increase its effectiveness. The Commission recommends that all Member States should continue to mark the observance of Disarmament Week, which was proclaimed by the General Assembly at its first special session devoted to disarmament, as a week devoted to fostering the objectives of disarmament. It notes that this annual observance would continue to play an important role in promoting the objectives of the World Disarmament Campaign.

"16. The regional centres for peace and disarmament should continue to contribute to the promotion of disarmament, mutual confidence, peace and security. In addition, the activities of these centres would further enhance the objectives of the World Disarmament Campaign. In order to ensure the effective functioning and viability of the regional centres, the Disarmament Commission encourages Member States as well as other entities to make contributions to these centres.

"17. The United Nations Disarmament Fellowship, Training and Advisory Services Programme contributes usefully to the development of greater expertise in disarmament issues in Member States. Consequently, the Programme should be continued in accordance with guidelines approved by the General Assembly at its thirty-third and fortieth sessions, duly taking into account in the yearly selection of fellows, the principle of adequate representation of developing countries and the need for rotation among States."

J. Issues related to conventional disarmament(24)

"1. The Working Group recalled the priorities in disarmament established by the General Assembly in the Final Document of its Tenth Special Session, the first special session devoted to disarmament, as stated in paragraph 45, namely: nuclear weapons; other weapons of mass destruction, including chemical weapons; conventional weapons, including any which may be deemed to be excessively injurious or to have indiscriminate effects; and reduction of armed forces. As stated in paragraph 46 of the Final Document, nothing should preclude States from conducting negotiations on all priority items concurrently. The Group took into account the principles derived from the Final Document which provided the perspective on and addressed the subjects of the conventional arms race and conventional disarmament as identified in paragraph 8 of the Study on Conventional Disarmament (A/39/348).