. DISARMAMENT & SECURITY.

A news release from the United Nations

Countries meeting at a United Nations conference in New York today (July 7) adopted the Treaty on the Prohibition of Nuclear Weapons, the first multilateral legally-binding instrument for nuclear disarmament to have been negotiated in 20 years.

The remains of the Prefectural Industry Promotion Building, later preserved as a monument – known as the Genbaku Dome – at the Hiroshima Peace Memorial. UN Photo

“The treaty represents an important step and contribution towards the common aspirations of a world without nuclear weapons,” the spokesperson for Secretary-General António Guterres said following its adoption.

“The Secretary-General hopes that this new treaty will promote inclusive dialogue and renewed international cooperation aimed at achieving the long overdue objective of nuclear disarmament,” Stéphane Dujarric added.

The treaty – adopted by a vote of 122 in favour to one against (Netherlands), with one abstention (Singapore) – prohibits a full range of nuclear-weapon-related activities, such as undertaking to develop, test, produce, manufacture, acquire, possess or stockpile nuclear weapons or other nuclear explosive devices, as well as the use or threat of use of these weapons.

[Click here to read the treaty]

“We feel emotional because we are responding to the hopes and dreams of the present and future generations,” said Ambassador Elayne Whyte Gómez of Costa Rica, who serves as the President of the conference that negotiated the treaty in response to a mandate given by the UN General Assembly.

She told a news conference at UN Headquarters that with the treaty the world is “one step closer” to a total elimination of nuclear weapons.

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The treaty will be open for signature to all States at UN Headquarters in New York on 20 September 2017, and enter into force 90 days after it has been ratified by at least 50 countries.

However, a number of countries stayed out of the negotiations, including the United States, Russia and other nuclear-weapon States, as well as many of their allies. The Democratic People’s Republic of Korea (DPRK) did not join the talks either.

In a joint press statement issued today, the delegations of the United States, United Kingdom and France said they “have not taken part in the negotiation of the treaty… and do not intend to sign, ratify or ever become party to it.”

“This initiative clearly disregards the realities of the international security environment,” they said. “Accession to the ban treaty is incompatible with the policy of nuclear deterrence, which has been essential to keeping the peace in Europe and North Asia for over 70 years.”

In response to questions on the joint statement, Ms. Whyte Gómez recalled that when the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) was adopted decades ago, it did not enjoy a large number of accessions.

Opened for signature in 1968, the Treaty entered into force in 1970. Then in 1995, the Treaty was extended indefinitely. A total of 191 States have joined the Treaty, including the five nuclear-weapon States that are the permanent members of the UN Security Council – China, France, Russia, the United Kingdom and the United States.

In the beginning, it was unimaginable that those States would be parties to the NPT, she noted. “But the world changes and the circumstances change.”

She added that the hibakusha, survivors of nuclear bombs, have been the driving force in the creation of the nuclear weapons prohibition treaty. The experiences they have been sharing “touch the human soul,” she said, adding that the negotiations were a “combination of reason and heart.”

.DISARMAMENT & SECURITY.

Meeting coverage from the United Nations

Queries Raised about Consensus, Clarity on State Responsibility, Victim Assistance

The Conference to negotiate a legally binding instrument to prohibit nuclear weapons considered a new version of the draft convention today [June 27], following the read-through of the earlier version last week, when delegations made proposals and suggestions.

Pushing ahead towards concluding with a final version by 7 July, Conference President Elayne Whyte Gómez (Costa Rica) presented a revised version of the draft instrument (document A/CONF.229/2017/CRP.1/REV.1), saying that in reviewing the draft “article by article”, her main focus had been on points of convergence..

Video from Press TV

Starting from the top, she said, the title had changed, referring to a “treaty”, the clear preference expressed by many delegations. However, the change in title would in no way affect the instrument’s legal status, she emphasized. Rather, it placed the draft convention on the same level as the many treaties negotiated over the decades with the aim of advancing progress towards the total elimination of nuclear weapons.

She went on to note that the draft preamble’s basic structure remained largely unchanged, although it did elaborate significantly on the humanitarian consequences of nuclear weapons and more accurately characterize the legal basis upon which the treaty would rest. New paragraphs had been added to recall essential principled efforts of the United Nations, reaffirm the inalienable right to the peaceful use of nuclear energy, and recognize the roles of women and men in the disarmament process. While the draft preamble was relatively long compared to other multilateral treaties in the nuclear field, she said, hopefully it provided a clear and precise narrative.

Concerning safeguards, she said consultations on the matter had revealed a number of complicated and technical issues, adding that she would continue to consult on the appropriate way to incorporate elements from the Annex into the first draft. The most significant innovation in the revised draft was in article 4, she added.

Following overwhelming interest from delegations, the draft now incorporated the so-called “join-then-destroy” pathway, she continued, underlining the contributions of South Africa, Austria, and Sweden. Article 4 now provided an option for States possessing nuclear weapons to join the treaty at an early date, subject to the obligation to eliminate its nuclear weapons arsenal. A considerable amount of flexibility had been built into that approach, because it must be fit to accommodate the widely varying nature of existing nuclear weapons programmes.

She said the role of the International Atomic Energy Agency (IAEA) had been carefully limited to verification of nuclear material in peaceful activities, in accordance with its current safeguards system. The so-called South Africa-plus pathway had also been retained, having been brought into line with the current safeguards system. The option to pursue additional protocols, including through negotiations with non-signatory States, had been retained as well. “Many delegations considered that it would be appropriate, prudent and wise to retain this option,” she stressed.

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Article 9, on meetings of States parties, now elaborated specific items that could be considered in light of various provisions of the draft, she continued, adding that there was also a new provision to allow the convening of extraordinary meetings. The main change in the article on amendments was that it now provided for the consideration of proposed amendments at a conference dedicated for that purpose, in accordance with the normal parameters set forth in many treaties. Articles 4, 14 and 15 had been modified to allow the treaty to remain open for signature indefinitely, she said. And finally, the text of Article 19 had been modelled on the Arms Trade Treaty’s corresponding provision on relations with other agreements.

With the floor open for general comments, several delegates said they were awaiting instructions from their capitals. Iran’s representative emphasized the need for consensus on what exactly the treaty aimed to do. Proposing the deletion of Articles 2-4, he said such provisions were highly technical and complex, and requiring additional attention and time. Noting that several of his delegation’s suggestions for the draft preamble had been left out, he declared: “The revised text is far from a consensus text.”

Austria’s representative said a number of issues remained outstanding, particularly concerning Article 2 on declarations and Article 3 on safeguards. Article 14 on signatures could benefit from including the time and place where the treaty would be opened for signature, he added.

Ecuador’s representative referred to Article 7 on victim assistance, saying it was important to look at things from the victims’ point of view. That article must be strengthened to help alleviate the plight of victims and also to address environmental challenges, he said, stressing also that it should not be possible to withdraw from the treaty.

The representative of the Netherlands expressed disappointment that the revised text did not eliminate his concerns about the draft treaty’s effectiveness and its relationship with existing instruments. Its goal was to strengthen the Treaty on the Non-Proliferation of Nuclear Weapons regime, rather than to undermine it, he emphasized.

South Africa’s representative underlined the need to resume negotiations in “one common space” so as to develop the draft instrument. “It is not going to be the Secretariat that gives us a treaty,” she pointed out.

The observer for the State of Palestine said the revised version addressed a number of loopholes, despite worries relating to Article 2. There must be clarity on State responsibility, he stressed, insisting also that, given the nature of prohibition, there must not be any possibility of withdrawal.

Also speaking today were representatives of Malaysia, Argentina, Cuba, Ireland, Nigeria, Costa Rica, Mozambique, Liechtenstein, Antigua and Barbuda (on behalf of the Caribbean Community), Brazil, Switzerland, Thailand, Guatemala, Egypt, New Zealand, Sweden, Peru, Mexico, Chile and Algeria.

The Conference will reconvene in plenary session at 10 a.m. on Thursday, 29 June.