Science Blog -- CONFERENCE ON DISARMAMENT CONCLUDES 1996 SESSION

13 September 1996

DCF/280

CONFERENCE ON DISARMAMENT CONCLUDES 1996 SESSION

19960913GENEVA, 12 September (UN Information Service) -- The Conference on Disarmament, the sole international disarmament negotiating body, closed its 1996 session this morning, in the wake of the adoption of the Comprehensive Nuclear-Test-Ban Treaty by the General Assembly.

Negotiations on a text for such a Treaty occupied most of the Conference's time in 1996. The tone for the session was set by the General Assembly last December, when it called on the Conference to devote the highest priority to concluding a nuclear-test-ban treaty in time to enable its signature at the outset of the Assembly's fifty-first annual session. Despite intense efforts, however, the Conference was unable to agree on a text, prompting Australia to submit a draft comprehensive nuclear-test-ban treaty to the Assembly in the form of a draft resolution, adopted on Tuesday, 10 September, by a vote of 158 in favour to 3 against (Bhutan, India and Libya), with 5 abstentions (Cuba, Lebanon, Mauritius, Syria and the United Republic of Tanzania).

This morning, the President of the Conference, Ludwik Dembinsky (Poland), hailed the adoption of the Treaty, saying it would have been unforgivable not to have presented to the international community a text which, although not the subject of consensus, had achieved overwhelming support after two-and-one-half years of negotiations. The status of the Conference remained intact and the forum was better prepared today to face the new world situation.

There were other questions on the Conference's agenda for the just concluded session, although little time could be devoted to them. Taking its cue from the Assembly, the Conference continued to look for the best ways to examine effective international arrangements to assure non-nuclear-weapon States against the use or threat of use of nuclear weapons; the prevention of an arms race in outer space; and transparency in armaments. But the test-ban treaty negotiations precluded more work on those issues, according to the Conference's Special Coordinator.

The question of the prohibition of the production of fissile material for nuclear weapons or other nuclear explosive devices was also a priority issue for many delegations this year. The Conference decided in March 1995 to establish an Ad Hoc Committee on that issue, but could not appoint a Chairman

for it, nor did it re-establish the panel at this session. Agreement has also been elusive regarding how the Conference should deal with the question of nuclear disarmament. Last year the Assembly called on the Conference to establish, on a priority basis, a committee to begin negotiations in 1996 on a phased programme of nuclear disarmament, but such a panel is still to be set up. Consultations on the matter are continuing.

Among the other items on the Conference's agenda for the 1996 session were the cessation of the nuclear arms race and nuclear disarmament; prevention of nuclear war, including all related matters; new types of weapons of mass destruction and new systems of such weapons; radiological weapons; and a comprehensive programme of disarmament.

The Conference's agenda itself came up for review, with the representative of the United Kingdom saying this morning that it required reform and updating to reflect recent changes in the world. Speaking on behalf of the Western Group of States, Michael Weston (United Kingdom) said the agenda should also reflect the progress made in disarmament and non-proliferation. It should strike a balance between nuclear and conventional items. Negotiations already endorsed by the Conference on Disarmament should be pursued with the establishment of ad hoc committees in 1997, including on a fissile material cut-off convention, negative security assurances, prevention of an arms race in outer space and transparency in armaments. The Group fully supported the conclusion that certain items were outdated and accordingly should be revised or deleted. Other items could also be established, such as "nuclear disarmament" and "conventional disarmament", which would reflect the need for balance in the agenda.

Mark Moher (Canada), delivering a joint statement by Canada, Australia and New Zealand, said the three countries associated themselves with the statement by the United Kingdom as Coordinator of the Western Group. It was their strong hope, he said, that the statement would contribute to the Conference's being able to reach an early consensus in 1997 on a comprehensive agenda so as to facilitate progress in constructive efforts in the fields of nuclear and weapons of mass destruction and conventional disarmament. The three delegations were interested in working for agreement in the Conference on an appropriate framework for the discussion of nuclear disarmament questions, as part of a future comprehensive agenda.

The 1996 session also saw the Conference resolve one of the thornier issues of the last few years, namely the expansion of its membership. The General Assembly, at its fiftieth session, called for urgent implementation of the Conference's September 1995 decision to expand its membership by 23 additional States. Membership in the Conference now stands at 61 countries, including the five acknowledged nuclear-weapon States (China, France, Russian Federation, United Kingdom and United States); the "threshold countries"

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(India, Pakistan and Israel); members of other militarily significant States; and neutral and non-aligned countries making up the Group of 21.

In 1996, the Conference re-established one subsidiary body, its Ad Hoc Committee on a nuclear test ban. In addition, the Ad Hoc Group of Scientific Experts to Consider International Cooperative Measures to Detect and Identify Seismic Events (GSE) made a number of recommendations aimed at facilitating a smooth and orderly transition from the series of experiments known as GSETT-3 in a number of countries to the envisaged international monitoring system for a nuclear-test-ban treaty. According to the Group's Chairman, Ola Dahlmann (Sweden), the GSE over the last 20 years had proved useful in several ways to the test-ban treaty negotiations and would also be useful in the implementation of the treaty.

The mandate of the Conference, which takes decisions on the basis of consensus, is to promote the attainment of general and complete disarmament under effective international control. Vladimir Petrovsky, Director-General of the United Nations Office at Geneva, is also the Secretary-General of the Conference on Disarmament and Personal Representative of Secretary-General Boutros Boutros-Ghali to the Conference.

The first plenary meeting of the 1997 session is scheduled for 27 January. The 1997 session will be divided into three parts: from 20 January to 27 March; from 12 May to 27 June; and from 28 July to 10 September.

Before the 1996 session adjourned, the representative of Kazakstan made a statement highlighting his country's efforts on behalf of nuclear disarmament and non-proliferation and welcoming the adoption by the Assembly of the Comprehensive Nuclear-Test-Ban Treaty.

Nuclear Test Ban

A comprehensive nuclear-test-ban treaty has been one of the most prominent issues on the international disarmament agenda since 1954. Efforts to negotiate a treaty contributed to the realization in 1963 of the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water (the Partial Test-ban Treaty).

The Conference on Disarmament agreed to a negotiating mandate for the first time on the issue of a comprehensive nuclear-test-ban treaty in 1993 and started negotiations in January 1994. It directed its Ad Hoc Committee on a nuclear test ban "to negotiate intensively a universal and multilaterally and effectively verifiable comprehensive nuclear-test-ban treaty, which would contribute effectively to the prevention of the proliferation of nuclear weapons in all its aspects, to the process of nuclear disarmament and therefore to the enhancement of international peace and security".

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The General Assembly, in resolution 50/65, welcomed the continuing efforts in the multilateral negotiation on a comprehensive nuclear-test-ban treaty in the Conference and called upon all States participating in the Conference, in particular the nuclear-weapon States, to conclude the treaty as a task of the highest priority, so as to enable its signature by the outset of the fifty-first session of the Assembly in September.

On 10 September, the General Assembly adopted the Comprehensive Nuclear-Test-Ban Treaty and requested the Secretary-General to open it for signature at the earliest possible date. The Assembly adopted the resolution on the treaty as introduced by Australia by a vote of 158 in favour to 3 against (Bhutan, India and Libya), with 5 abstentions (Cuba, Lebanon, Mauritius, Syria and the United Republic of Tanzania).

The basic obligations in article I of the Treaty specify that each State party would "undertake not to carry out any nuclear-weapon test explosion or any other nuclear explosion, and to prohibit and prevent any such nuclear explosion at any place under its jurisdiction or control". Each State party would also "undertake to refrain from causing, encouraging, or in any way participating in the carrying out of any nuclear-weapon test explosion or any other nuclear explosion".

The Treaty in its preamble expresses the conviction that the most effective way to achieve an end to nuclear testing is through the conclusion of a universal and internationally and effectively verifiable comprehensive nuclear-test-ban treaty, which has long been one of the highest priority objectives of the international community in the field of disarmament and non-proliferation. It would affirm the purpose of attracting the adherence of all States to the treaty, and its objective to contribute effectively to the prevention of the proliferation of nuclear weapons and to the process of nuclear disarmament.

In addition to articles describing such elements as organization of the treaty bodies, verification, settlement of disputes, treaty review and measures to ensure compliance, the treaty also contains a protocol on the monitoring system, on-site inspections and confidence-building measures. During the Conference's 1996 session, the Ad Hoc Group of Scientific Experts to Consider International Cooperative Measures to Detect and Identify Seismic Events continued to work on measures which might be established for the international exchange of seismological data under the Treaty in such a protocol.

Article XIV on the treaty's entry into force states that the treaty shall enter into force 180 days after its ratification by all the States listed in its annex 2, but in no case earlier than two years after its opening for signature. If the treaty has not entered into force three years after the date of the anniversary of its opening for signature, a majority of the States

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already ratifying the treaty could convene a conference to examine the extent to which the States listed in the annex had ratified the treaty. It could then decide by consensus "what measures consistent with international law may be undertaken to accelerate the ratification process".

The countries listed in the annex include States members of the Conference as of 18 June which formally participated in the work of this year's session and which appear in the International Atomic Energy Agency's 1996 listings of "Nuclear Power Reactors in the World" and of "Nuclear Research Reactors in the World". The countries listed are as follows: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Canada, Chile, China, Colombia, Democratic People's Republic of Korea, Egypt, Finland, France, Germany, Hungary, India, Indonesia, Iran, Israel, Italy, Japan, Mexico, Netherlands, Norway, Pakistan, Peru, Poland, Romania, Republic of Korea, Russian Federation, Slovak Republic, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom, United States, Viet Nam and Zaire.

The representative of India, speaking during the debate at the Assembly, said the treaty would allow the continuation of a discriminatory weapons regime. Throughout the negotiations, nuclear-weapon States had categorically rejected proposals to end the qualitative development and upgrading of nuclear weapons. Furthermore, the treaty's entry-into-force provisions were contrary to fundamental international law because it made ratification by India and 43 other countries essential for the treaty's entry into force. Under customary international law, no obligation could be imposed on a country without its consent.

Many States had declared that the Treaty was the most that could be achieved at this time, and thus was an important step. In a statement of position echoed by many delegations, China backed the treaty, but said it was not entirely satisfactory, as it failed to fully reflect the justifiable requests and reasonable positions of many developing countries.

Another position widely shared among delegates was that of the United States, whose representative said at the Assembly that the effect of the Treaty would be greater security for all, a healthier environment and a giant step towards ending a nuclear arms race. An end to nuclear-test explosions would create a climate of confidence that would sustain trends towards smaller nuclear arsenals, substantially reducing the risk that the number of countries possessing nuclear weapons would grow.