ACRONYM NPT Update No. 17

A service during the 1995 NPT Review and Extension Conference of the ACRONYM Consortium and Disarmament Times

 

Working Towards Agreement

9 May 1995

Plenary

Ambassador Jayantha Dhanapala of Sri Lanka, President of the NPT Conference, formally announced that three extension proposals had been received: from Mexico for indefinite extension with recommendations; from Canada on behalf of 103 states parties (now 107), for indefinite; and from Indonesia on behalf of 11 states parties for 25 year rolling fixed periods. As there was no consensus on any of these proposals, decision would be deferred for 48 hours for consultations. He also reported that as yet there was no decision on rule 28 (3)f on the mode of voting (secret, open or written), and that consultations would also continue on this, until the next plenary which would be held at 3.00pm on Wednesday 10 May. Ambassador Isaac Ayewah of Nigeria also presented the report of Main Committee I, which he had chaired through stormy debates which had continued over the weekend in order to provide a text to the Drafting Committee.

Drafting Committee

While the committees on safeguards and the non-military uses of nuclear energy had substantially agreed their text, leaving only key questions such as export controls and Israel in brackets (denoting lack of consensus), Main Committee I's text seemed to be almost entirely bracketed. Grouping the contentious issues, the Drafting Committee appointed Friends of the Chair to try to mould agreement. Taking on the hottest issue, Article VI, Ambassador Tadeusz Strulak, Chair of the Drafting Committee, is understood to be trying to work out a more generalised compromise on the nuclear arms race and disarmament. Ambassador Pasi Patokallio of Finland has taken responsibility for Articles I and II, covering transfer of nuclear weapons and nuclear explosive devices; Enrique de la Torre of Argentina on nuclear weapon free zones; and Ambassador Richard Starr of Australia, already appointed, on security assurances. In addition, Philip MacKinnon of Canada will work to get agreement on another contentious issue, export controls. It is too early to say how the Drafting Committee deliberations on the review document will shape up. While there has been a tendency during the past week to prioritise the negotiations on the South African principles, Ambassador Dhanapala has today re-emphasised the importance of the review process.

Presidential Consultations

Meanwhile Presidential Consultations on the principles and on strengthening the five yearly review process after this Conference have continued. In the latest draft, dated 8 May, some paragraphs have been rationalised, made more coherent or strengthened, while others look as if they have been weakened. A paragraph that 'nuclear materials transferred from military use to peaceful nuclear activities should be placed under IAEA safeguards', which is itself a watered down version of a German proposal that nuclear materials from dismantled warheads should be placed under safeguards, was first transferred from the section headed 'nuclear disarmament' to the section on 'safeguards' and has now been removed altogether, pending further discussion. South Africa had put forward a compromise to bridge the NAM position calling for a timebound framework, vociferously opposed by the nuclear weapon states, referring to a 'programme of action' to move towards nuclear disarmament. Under pressure from some of the nuclear weapon states this is now reduced to 'systematic and progressive efforts', which many of the NAM consider too weak. Although still referred to as the 'South African principles', after their originator, the principles are now firmly in the hands of Ambassador Dhanapala, with continuing discussions to find an acceptable form that will enhance the authority of the extension decision. Discussion has also re-opened on the mechanisms for strengthening review and implementation, with additional proposals now made by Indonesia, but no clear details are yet available.

Consensus on Majority

Throughout this Conference, Ambassador Dhanapala has made clear his desire to see decisions taken by consensus. With the Middle Eastern States still reluctant to make the NPT permanent without Israel's accession, and other non-nuclear- weapon states concerned that agreeing on indefinite extension will appear to legitimise the possession of nuclear weapons by a few states, a consensus decision on indefinite extension as such may not be achievable. Wishing to avoid a divisive vote (particularly since the procedure for taking the ballot remains unresolved), Dhanapala may now seek a consensus on the fact that a majority of States Parties have endorsed indefinite extension. However, this would still depend to some extent on the strength and content of the 'package' of principles and enhanced review mechanisms being offered.

Wild Cards

With discussions now almost entirely behind closed doors, the outcome is still far from certain. While few now doubt that the Treaty will be indefinitely extended, much will depend on whether the proposal for consensus accepting the majority decision, will be viewed as a face-saving compromise or as a means to by-pass a vote. If they do not consider the principles package strong enough, some NAM states may press for a vote. Though this would almost certainly result in their being outvoted by advocates of indefinite extension, the Mexican resolution remains a wild card. If the principles don't work out effectively, Mexico's resolution, linking indefinite extension with a set of recommendations, might become more attractive to states which support indefinite but not unconditional extension. An unlikely scenario, but in these fluid last days, a wild card that should not be completely ignored.

This update was written by Rebecca Johnson.


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