CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba
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Multilaterales
“Fostering International Cooperation in the field of chemistry for purposes not prohibited by the Chemical Weapons Convention – an urgent need for the balanced implementation of the Convention, now and in the future. “
I. Background
1. Article XI on “Economic and Technological Development” of the Chemical Weapons Convention (hereinafter referred to as the Convention, or the CWC) states that:
1. The provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention.
2. Subject to the provisions of this Convention and without prejudice to the principles and applicable rules of international law, the States Parties shall:
(a) Have the right, individually or collectively, to conduct research with, to develop, produce, acquire, retain, transfer, and use chemicals;
(b) Undertake to facilitate, and have the right to participate in, the fullest possible exchange of chemicals, equipment and scientific and technical information relating to the development and application of chemistry for purposes not prohibited under this Convention;
(c) Not maintain among themselves any restrictions, including those in any international agreements, incompatible with the obligations undertaken under this Convention, which would restrict or impede trade and the development and promotion of scientific and technological knowledge in the field of chemistry for industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;
(d) Not use this Convention as grounds for applying any measures other than those provided for, or permitted, under this Convention nor use any other international agreement for pursuing an objective inconsistent with this Convention;
(e) Undertake to review their existing national regulations in the field of trade in chemicals in order to render them consistent with the object and purpose of this Convention
2. Article VIII, paragraph (21g) of the CWC on its part, requires the Conference of the States Parties amongst other, to “foster international cooperation for peaceful purposes on the field of chemical activities”
3. The 10th Session of the Conference of the States Parties adopted for the first time after EIF of the CWC a Decision on the “Full implementation of Article XI” (C-10/DEC.14, dated 11 November 2005).
4. The Second Review Conference of the CWC emphasized the importance of the provisions of Article XI of the Convention on the economic and technological development of States Parties. It recalled that the full, effective and non-discriminatory implementation of Article XI is essential for the realization of the object and purpose of the Convention (RC-2/4, dated 18 April 2008, paragraphs 9.7, 9.110 to 9.118) and provided a safe ground for the States Parties to continue to work together towards achieving the full implementation of Article XI. In this regard, the Second Review Conference urged the Executive Council to continue its facilitation efforts to reach early agreement on the issue of the full implementation of Article XI, taking into account earlier and recent proposals submitted by States Parties and Groups of States Parties.
5. Joint efforts by the States Parties to achieve improvement on important provisions such as reaching universality and national implementation measures ended up with the adoption of action plans. Action plans have proven to be successful tools in improving performance at the mentioned areas and constitute a useful instrument that could be successfully used in other fields of the implementation of the Convention, namely Article XI.
II. Substantive considerations
6. The CWC does not provide for a Technical Cooperation Program in the field of peaceful uses of chemistry. Reaching final agreement on the full text of the CWC, would likely not have been possible without including concepts or provisions aimed at benefiting the big majority States Parties, namely through Articles X and XI. Improvements in the universality of the Convention, counting nowadays with 188 States Parties, the majority of which are developing countries, confirm the need for the establishment of comprehensive cooperation programs in order to address differences among States Parties in their levels of economic and technological development in the context of the Convention.
7. Article XI gave therefore confidence to States Parties, manly to developing ones, that, while they will be subject to the verification regime established by the Convention, on the other hand, an effective mechanism will be in place that will foster international cooperation for their economical and technological development. This would involve all States Parties and, ways and means would need to be agreed to achieve this, once the Convention doesn’t provide for a TC Program. Unfortunately, this is still an important pending issue.
8. Article XI, along with Article X, has therefore constituted a strong incentive and an effective outreach instrument for a large number of non-possessor States Parties with a modest chemical industry regarding their joining of the CWC.
9. Some States Parties claim that Article XI is not a “key” provision of the Convention and does not deserve the same level of attention by the States Parties compared to other articles of the Convention. This is an argument that does not stand for itself since all States Parties are committed to the full, effective and non discriminatory implementation of all provisions of the Convention. Although it is a fact that not all Parties may have equal possibilities to implement certain provisions of the Convention in a quick and efficient manner. Article XI is not subject to the implementation of other Articles of the Convention as States Parties are committed to approach all their obligations in good faith.
10. Assistance offered by the Technical Secretariat to States Parties upon request, aimed at helping them overcome difficulties encountered in implementing national measures according to the Convention, responds to a requirement posed by Article VII. Therefore no confusion should arise in terms of considering implementation support as the main goal of International Cooperation, as some States Parties argue.
11. The Technical Secretariat of the OPCW through its International Cooperation and Assistance division has been actively engaged in the successful and efficient design and implementation of important programs with a strong component in capacity building for the benefit of least developed States Parties. Nevertheless, it remains difficult to assess the impact of Article XI on the economical and technological development of States Parties. At the same time, it is well recognized that significant progress has been achieved in the areas of universality and national implementation. This record could potentially discourage remaining States not Party to join the Convention.
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12. The Republic of Cuba emphasizes that the full, effective, and non-discriminatory implementation of Article XI is essential for the realization of the object and purpose of the Convention and sees it as one of the most legitimate opportunities for the present and future of the OPCW, that could bring tangible benefits to all States Parties as the Convention evolves, along with a balanced implementation of all other provisions of the CWC
13. The non discriminatory implementation of the Convention means that no restrictions among States Parties will exist beyond those already established by the Convention itself that promotes confidence among those States Parties. They acquire the same obligations and have therefore the same rights to participate in the fullest possible exchange of chemicals, equipment and information in the domain of chemistry. It is not conceivable that developed States Parties establish control mechanisms in parallel to the Convention, which restrict, in many cases without evidence, the free exchange among States Parties in this field.
14. Cuba recalls the importance of the provisions of Article XI of the Convention, underlined by the Second Review Conference. States Parties are obliged to implement the Convention in a manner that avoids hampering the economic or technological development of States Parties, as well as international cooperation in the field of chemical activities for purposes not prohibited under the Convention.
15. Cuba, a country which has been blockaded for more than 50 years, has been target of unilateral restrictions and extraterritorial laws by the biggest power of the world, the United States of America, which, as well as Cuba is a State Party to the CWC. Cuba and the immense majority of the international community believe that it is imperative to eliminate this obsolete policy, as it has been clear from the almost unanimous rejection by the UN General Assembly, that on last 26 October 2010 passed resolution A/RES/65/6. The imposition of any restrictions that are contrary to the letter and spirit of the Convention must be avoided. Cuba emphasizes that the objectives of the CWC can be best achieved through multilaterally negotiated, universal, comprehensive, and non-discriminatory agreements by all States Parties.
16. Full implementation of Article XI presupposes making every effort to put into practice its letter and spirit in good faith. This is why Cuba fully endorsed decision C-10/DEC.14 and subscribed the Working Paper circulated by the Non Aligned Movement and China at the 12th CSP (C-12/NAT.1, dated 6 November 2007) “Indicative Elements of a Plan of Action on the Full Implementation of Article XI”. Furthermore, Cuba presented a proposal (EC-54/NAT.6, dated 16 October 2008) to conduct a Workshop on the Full Implementation of Article XI in support of the ongoing facilitation process. Cuba welcomes he conduction of the aforementioned Workshop in November 2010 and is confident that it will positively contribute to discussions on Article XI.
17. Cuba is of the view that additional analysis and coordination efforts by the Technical Secretariat will be required, in close interaction with the States Parties, in order to render practical the results of the ongoing facilitation on Article XI, as they emerge, with a view to achieving effective progress in the identification and implementation of concrete measures to this end.
III. Final remarks
18. Consequently, the need for a balanced implementation becomes urgent as the CWC evolves towards its ultimate goal, the total elimination of all chemical weapons. This is why Cuba looks at Article XI “Economical and Technological Development” from a strategic perspective, convinced that it is indeed a key provision of the Chemical Weapons Convention. A pillar whose growing importance must necessarily and duly be considered along with other pillars of the Convention, in order to uphold its integrity and credibility now and in the years to come. And so, the urgency of making a more substantial progress as soon as possible in the implementation of Article XI.
19. Cuba will maintain its full commitment, as it has done until now, to the implementation of all provisions of the Chemical Weapons Convention, and will keep working with the States Parties, as always, along this very route.
(Cubaminrex-Dirección de Asuntos Multilaterales)