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Opcw ppt

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Opcw ppt

  1. 1. Working together for a world free of chemical weapons Seminar for the Andean Region States: United Nations Security Council Resolution 1540, 12-14 March 2012, MFA, Bogota, Colombia THE CHEMICAL WEAPONS CONVENTION, THE OPCW AND NATIONAL IMPLEMENTATION MEASURES Mr Karim Hammoud Ms Vera Hanus Senior Legal Officer Political Affairs Officer Office of the Legal Adviser Government Relations and Political Affairs OPCW Technical Secretariat External Relations Divisionwww.opcw.org 1 1 ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS
  2. 2. Working together for a world free of chemical weapons United Nations Security Council Resolution (UNSCR) 1540 and the Chemical Weapons Convention (CWC)  UNSCR 1540 (2004) reaffirms that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitute a threat to international peace and security  UNSCR 1540 reinforces already existing obligations of States under multilateral disarmament and non-proliferation instruments including the CWC  UNSCR 1540 and the CWC share the common objective of international peace and security in accordance with the UN Charter  Implementation of the CWC advances UNSCR 1540 objectiveswww.opcw.org 2
  3. 3. Working together for a world free of chemical weapons The Chemical Weapons Convention - Key Features  Non-discriminatory, verifiable and comprehensive multilateral disarmament and non-proliferation regime  Creates complete ban of Chemical Weapons (development, production, stockpiling and use) and  Aims to eliminate an entire category of WMD under stringent international verification  Institutional structure of OPCW for implementation assistance Verification and inspection capacities and transfer restrictions  OPCW maintains a destruction verification and industry inspection capacity on a global scale  Establishes a chemicals regime and global transfer restrictionswww.opcw.org 3
  4. 4. Working together for a world free of chemical weapons The Chemical Weapons Convention - the Four Pillars  Destruction of chemical weapons stockpiles and their associated production facilities (Article I, III, IV and V)  Non-proliferation - chemical industry only engage in permitted activities (Article VI)  Assistance and protection (Article X)  International Cooperation - including the promotion of peaceful uses of chemistry (Article XI) The Convention provides core definitions, a legal framework and the institutional support structure for effecting the prohibitions and to help Implement relevant provisions.www.opcw.org 4
  5. 5. Working together for a world free of chemical weapons The Chemical Weapons Convention - States’ obligations States Parties undertake to …  Declare and destroy all their chemical weapons and CW production facilities under strict international verification  Ensure that toxic and precursor chemicals are only used for legitimate purposes (national implementation measures, declarations, verification)  Provide assistance, through the OPCW, in case of CW use against a State Party  Facilitate international cooperation in the peaceful application of chemistry for permitted purposeswww.opcw.org 5
  6. 6. Working together for a world free of chemical weapons The Chemical Weapons Convention - States’ obligations States Parties undertake NOT to …  Develop, produce, stockpile, transfer or use chemical weapons  Engage in any military preparations for the use of chemical weapons  Assist, encourage or induce anyone, in any way, in any activity prohibited for a State Party under the Convention  Use riot control agents as a method of warfarewww.opcw.org 6
  7. 7. Working together for a world free of chemical weapons The CWC - Verification and Inspection  Verification regime:  stringent verification system, including the verification of destruction of weapons stockpiles and declarations by States Parties  Inspection regime:  Routine inspections of chemical industry and facilities  Challenge inspection - investigate/verify alleged non-compliance or illegal activity (approval from the Executive Council required)  Investigation of alleged use of CW  Carried out in accordance with Article IX or X  In case of alleged use of CW involving a State not Party: Cooperation with the UNSGwww.opcw.org 7
  8. 8. Working together for a world free of chemical weapons The OPCW  Provides a forum for cooperation and consultation among States Parties on all issues pertaining to the implementation of the CWC  Provides support to States Parties in the implementation of the CWC  OPCW Organs:  Conference of States Parties (Policy-Making Organ)  All Member States represented, main PMO  Convenes five-year Review Conferences (next in April 2013)  Executive Council (Policy-Making Organ)  Representatives of 41 Member States serve two-year terms  Executive organ, responsible to the Conference  Technical Secretariatwww.opcw.org 8
  9. 9. Working together for a world free of chemical weapons The OPCW - accomplishments and challenges OPCW accomplishments:  In its 15 years of operation since 1997, CWC/OPCW membership grew to 188 States Parties, representing 98% of the global population  Destruction of chemical weapons stockpiles: approx three quarters will have been destroyed by April 2012 under international verification  100% of declared chemical weapons destruction facilities have been inactivated or converted  Active global industry regime which contributes to the prevention of the spread of chemical weapons and/or toxic chemicals  Protection and assistance and International Cooperation as additional benefits for States Partieswww.opcw.org 9
  10. 10. Working together for a world free of chemical weapons The OPCW - accomplishments and challenges Challenges ahead:  Universality  Destruction deadlines/mid to long-term outlook  From emphasis on destruction to prevention of re-emergence of chemical weapons  Working towards full national implementation  Reflection process on strategic direction (Advisory Panel, Ambassadors’ retreat)www.opcw.org 10
  11. 11. Working together for a world free of chemical weapons ARTICLE VII KEY PROVISIONS 1. Obligation for each State Party, in accordance with its constitutional processes, to adopt the necessary measures to implement its obligations under the CWC, in particular by: a) Promulgating a penal legislation (prohibitions and sanctions for non-state actors) c) Ensuring the extraterritorial application of the penal legislation 4. Obligation to establish or designate a National Authority 5. Obligation to inform the OPCW of the measures taken to implement the CWCwww.opcw.org 11 11
  12. 12. Working together for a world free of chemical weapons - BASIC STRUCTURE OF A NATIONAL IMPLEMENTING LEGISLATION-  Main CWC-related definition (Art. II CWC)  Legal basis for the establishment of a National Authority  Prohibitions (Art. I CWC) (OP 2 UNSC 1540)  Control regime for scheduled chemicals and discrete organic chemicals (Art. VI CWC) (OP 3 UNSC1540)  Control regime for categories of chemicals, basis for implementing regulation (declaration and licensing)  International inspections (Verification Annex)  Further implementing provisions: forfeiture, confidentiality and legal assistance (Art. VII 6) and Confidentiality Annex)  Penal provisions (Art. VII CWC) (OP 3 d) UNSC 1540)  Final provisionswww.opcw.org 12
  13. 13. Working together for a world free of chemical weapons REPORTING ON ART. VII a) to c) OBLIGATIONSwww.opcw.org 13
  14. 14. Working together for a world free of chemical weapons REPORTING ON OTHER OBLIGATIONSwww.opcw.org 14
  15. 15. Working together for a world free of chemical weapons National implementation of the CWC by States Partieswww.opcw.org 15
  16. 16. Working together for a world free of chemical weapons CONCLUSIONS REACHED DURING THE 13TH ANNUAL MEETING OF NATIONAL AUTHORITIES, 25 – 27 NOVEMBER 2011 OPCW, THE HAGUE, NETHERLANDSwww.opcw.org 16
  17. 17. Working together for a world free of chemical weapons 1. Identification of the key players-stakeholders  The GOVERNMENT: Interested Ministries (MFA, Industry, Trade, Defence, Environment, Health), Interested public agencies, Local government, if applicable  The PARLIAMENT: adoption of the legislation  The CUSTOMS AUTHORITIES: collection of data on declarable imports and exports of chemicals and the enforcement of trade measures  The POLICE: enforcement of laws and regulations  The JUDICIARY AUTHORITIES: implementation of penal provisions, and legal assistance and cooperation  The INDUSTRY AND TRADERS: carry out activities under the CWCwww.opcw.org 17
  18. 18. Working together for a world free of chemical weapons 2. Essential cooperation among key players-stakeholders  Raise awareness among all stakeholders;  Constitutional (monist vs dualist) and legal system (common vs civil);  Adapt/adjust national legal framework;  Submit text of legislation;  Identifying “champions” within the Executive and the Legislative branches;  Capacity to implement and enforce the legislation/regulation;www.opcw.org 18
  19. 19. Working together for a world free of chemical weapons RECOMMENDATIONS BY THE ADVISORY PANEL REGARDING THE NATIONAL IMPLEMENTATION OF THE CWC (S/951/2011)www.opcw.org 19
  20. 20. Working together for a world free of chemical weapons  Border control and law enforcement measures need to be applied by (all) States Parties to detect, deter, prevent and combat illicit trafficking and brokering of chemical weapons, and of dual use goods that could be used for chemical weapons purposes. The OPCW should assist and encourage States Parties in this regard and ensure that there will be a “level playing field” for such controls to avoid loopholes as well as discrimination.  Governments supported by their chemical industry, research, academia and other relevant sectors of society, should lead to the development of a culture of compliance based on adequate laws and regulations and underpinned by self-regulation and conscious participation in the implementation of the requirements of the Convention by all stakeholders.  The Director-General may also consider setting up a group of experts from chemical industry to advise the OPCW on how to better interact with the chemical industry, as the Panel duly noted the concerns in the chemical industry caused by misgivings about the uneven implementation of the Convention by different States Parties which causes gaps in declarations and unequal regulatory treatment of chemical companies in different States Parties.  For the OPCW Technical Secretariat, providing tailored and sustainable technical assistance (“implementation support”) to States Parties should remain one of the highest priorities.www.opcw.org 20
  21. 21. Working together for a world free of chemical weapons OPCW LEGISLATIVE ASSISTANCE PROGRAMMEwww.opcw.org 21
  22. 22. Working together for a world free of chemical weapons OPCW LEGISLATIVE ASSISTANCE PROGRAMME  ASSISTANCE IN DRAFTING LEGISLATION • Review and comment of draft implementing texts • Review of existing measures with a view to prepare suggestions as to possible amendments or in order to identify areas which could benefit from complementary measures  WORKSHOPS AND SEMINARS Regional, subregional, and national thematic workshops for legislative drafters, for inspection escorts, or for customs officials …  ON-SITE TAVs Provision of general or tailor made legal advice at meetings of National Authorities, (including drafting and awareness raising sessions)  REFERENCE MATERIAL  FELLOWSHIPwww.opcw.org 22

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