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The First Review Conference of the Chemical Weapons Convention
met in The Hague, the Netherlands from 28 April to 9 May 2003,
to undertake a review of the Convention's operation. Its mandate
included, in particular, a review of scientific and technological
developments, and the verification regime for the chemical
industry.
The Conference ended with the adoption of a political declaration
of States Parties reaffirming their commitment to the Organisation
for the Prohibition of Chemical Weapons (OPCW) and the global
ban on chemical weapons (CW). This declaration highlighted
the States Parties' conviction that the Chemical Weapons Convention
(CWC) contributes to enhancing international peace and security,
and that its full, effective and universal implementation
will exclude completely the possibility of the use of chemical
weapons. The Conference also adopted a report containing assessments
of the Convention's operation and recommendations for its
future implementation.
The success of the Review Conference was particularly significant
if seen against the current stagnation of other multilateral
disarmament efforts. With changing security conditions, evolving
non-proliferation policies for weapons of mass destruction
(WMD), the possible association between these weapons and
terrorism, and the significant advancements in science, technology,
chemical production and trade, the success of the Conference
could not be taken for granted. It signalled the strong political
support of the States Parties for their Convention and the
OPCW.
The CWC was the result of protracted negotiations in the Conference
on Disarmament, concluded in 1992, and was submitted to the
United Nations General Assembly. The Convention was "designed"
to deal with the huge CW stockpiles of the Soviet Union and
the United States. Many of its provisions reflect the political,
economic and military circumstances at the end of the cold
war, which opened a window of opportunity for the global chemical
weapons ban. The negotiations were also influenced by Iraq's
use of chemical weapons during the 1980s. The aspiration of
the developing countries to improve international cooperation
in the peaceful uses of chemistry was another important factor.
Eleven years later, the security landscape of the world has
changed. The CW stockpiles of the Russian Federation and the
United States, as well as the smaller stockpiles of the three
other declared possessor States Parties, are being destroyed
under international safeguards, and measures to prevent proliferation
are being implemented under the Convention. But concerns about
CW proliferation remain, as do concerns about the absence
of important States from the CWC regime. In addition, there
is today the real threat of terrorists acquiring WMD capabilities.
There is thus a growing question: what role can and should
global disarmament regimes play in the increasingly complex
array of political, economic, military and diplomatic means
to counter the threats of WMD proliferation and use.
Furthermore, developments in science and technology affect
the CWC regime. New research techniques allow the synthesis
and screening of potentially millions of new chemicals. Industrial
production has become increasingly versatile, and worldwide
trade in chemicals has much increased as a result of globalization.
The chemical industry fully supports the CWC, but the scientific
and technological potential that is at the disposal of States
has increased enormously.
The confirmation by the 153 States Parties of their conviction
that the CWC remains an essential instrument for international
peace and security was very important indeed. They characterized
the CWC as non-discriminatory, setting new standards for global
disarmament under strict and effective international control,
non-proliferation, assistance and protection against chemical
weapons, and international cooperation. They emphasized the
comprehensive nature of CWC prohibitions and concluded that
the CWC adequately covers scientific and technological developments.
The Review Conference in particular stressed the importance
of universal adherence to the CWC. It urged States that had
not yet ratified or acceded to it to do so without delay,
and requested the OPCW Executive Council to develop and implement
an action plan to further encourage adherence. Universality
is not only seen as an increase in numbers; there are important
qualitative factors. States Parties must be fully capable
of implementing the CWC, and universality measures must address
States whose absence from the Convention has given rise to
particular concerns.
The Review Conference noted the progress made in the destruction
of CW stockpiles and in the elimination of CW production capabilities,
recognizing that the possessor States are fully committed
to meet their obligations. There has been progress in chemical
weapons disarmament. However, there have been difficulties
in the destruction of CW stockpiles, and the Conference has
taken action on delays in some States Parties and granted
extensions of destruction time-limits, as provided for by
the Convention. Other issues included: a pledge for assistance
for possessor States that request it for the implementation
of their CW destruction programmes; the need for these States
Parties to provide adequate security for their stockpiles;
a recognition of the progress made in the destruction and
conversion of CW production facilities; the need to monitor
the effectiveness of the mechanism for reimbursing verification
costs under Articles IV and V to the OPCW; and a recognition
that the verification system for chemical weapons and their
production facilities should be further optimized.
The Review Conference recognized the important contribution
that the Convention makes to the non-proliferation of chemical
weapons. It requires States Parties to criminalize acts of
proliferation, enforce legislative and administrative measures
to prevent such proliferation, including export controls,
and open their chemical industries to international verification.
The review of the verification regime for the chemical industry
was a specific requirement for the Conference. This regime
was only completed during the last months of the negotiations,
which included such key decisions as the composition of the
schedules of chemicals, the precise declaration and inspection
requirements, the inclusion of chemical plant sites other
than those involved with the production of scheduled chemicals,
and the nature of on-site inspections at these "other
chemical production facilities" (OCPFs). Practical experience
was limited at the time. The regime needed to be evolutionary,
adaptable to changes in industry and capable of learning from
experience.
After six years of operation, the Review Conference confirmed
the overall balance within the verification regime for the
chemical industry and called for adequate inspection intensity
in all categories of declared facilities. The OCPF inspections
were found useful for increasing confidence among States Parties.
Their selection mechanism needed to be improved and their
number should increase as appropriate.
The Review Conference also made an overall assessment of the
OPCW verification system and was satisfied that it meets the
requirements of the CWC. The OPCW has accumulated considerable
expertise in routine inspections, conducted in more than 50
countries worldwide; no challenge inspections have been requested.
The Conference did, however, take cognizance of the positive
experience that many States Parties have acquired with bilateral
clarifications of compliance concerns. The Technical Secretariat
is also actively involved in clarifying issues related to
declarations and inspections. A process of optimizing verification
resource utilization has begun, and the Conference encouraged
its intensification so that recommendations could be implemented
as from 2004.
How to improve national implementation was one of the most
prominent themes at the Conference. National implementation
was characterized as one of the essential conditions for the
functioning of the CWC. There were concerns about the large
number of States Parties that have yet to establish or designate
a national authority, and an even larger number have yet to
notify the OPCW about their legislative and administrative
measures to implement the CWC. Despite the fact that the OPCW
offers implementation support to States Parties, and despite
bilateral assistance being provided by a good number of them,
progress has been slow. The Review Conference, consequently,
tasked the Executive Council to prepare an action plan for
adoption by the Conference of the States Parties in October
2003, in order to fully implement these CWC requirements.
In the area of assistance and protection against chemical
weapons, the Review Conference recognized that progress has
been made, but that additional work was needed to develop
the response capacity expected of the OPCW should chemical
weapons be used. The OPCW role in an international emergency
response needed further clarification, and there was a need
to coordinate activities with other national and international
agencies.
Fostering international cooperation in the peaceful application
of chemistry was another issue that was high on the agenda.
The Review Conference reaffirmed the importance of CWC provisions
in this area and the commitment of all States Parties to fully
implement them. It reviewed the current OPCW international
cooperation programmes and provided guidance on the further
development of this programme portfolio. Some specific examples
include the facilitation of expert advice on peaceful uses
of chemistry, national capacity-building, including support
for national authorities, and the need for partnerships with
other international organizations, as well as with the private
sector.
The Review Conference also examined the functioning of the
OPCW, including in such key areas as the protection of confidentiality,
and assessed the work of the policy-making organs, OPCW subsidiary
bodies and the Secretariat, with the Director-General at the
helm. It confirmed the strong support of the membership for
the OPCW and its leadership. The Review Conference was not
only a vote of confidence for the Organisation, it identified
concrete goalposts for further progress in the implementation
of the Convention. The OPCW has set itself a clear and realistic
"roadmap" towards a chemical weapons-free world.
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