[The five permanent members of the UN Security Council, who comprise
the nine nuclear-armed nations – China, Russia, the United Kingdom,
the United States and France – are opposed to the creation of the
working group.
...
India and Pakistan, which reportedly possess nuclear weapons, argued
that the working group would threaten the Conference on Disarmament
(CD) – a Geneva-based forum established in 1979 as the single
multilateral disarmament negotiating forum of the international
community, as a result of the first Special Session on Disarmament of
the United Nations General Assembly in 1978.]

http://www.indepthnews.info/index.php/global-issues/2645-treaty-to-ban-nuclear-weapons-high-on-un-agenda-in-2016

Treaty to Ban Nuclear Weapons High on UN Agenda in 2016

By Jamshed Baruah | IDN-InDepthNews Analysis


BERLIN | NEW YORK (IDN) - An open-ended working group of the United
Nations General Assembly for achieving a nuclear-weapon-free world is,
along with the Sustainable Development Goals, an important agenda item
that the year 2015 has bequeathed to 2016.

The General Assembly also adopted a number of other important
resolutions: 139 nations pledged “to fill the legal gap for the
prohibition and elimination of nuclear weapons”. 144 countries
declared that it was in the interests of humanity that nuclear weapons
are never used again “under any circumstances”. 132 states described
nuclear weapons as “inherently immoral”.

The General Assembly voted on December 7 to set up a working group
that will draft “legal measures, legal provisions and norms” for
achieving a world without nuclear weapons. This new UN body – which
has the backing of 138 nations – is widely expected to focus its
efforts on devising the elements for a treaty prohibiting nuclear
weapons outright.

The creation of a working group was recommended in the draft final
document from the nuclear Nonproliferation Treaty (NPT) review
conference that ended on May 22, 2015. As the Arms Control Association
pointed out, the proposal grew out of the frustration of many states
with the lack of progress on nuclear disarmament.

According to the NPT document, the purpose of the working group would
be “to identify effective measures for the full implementation of
Article VI” of the NPT, “including legal provisions or other
arrangements,” and to do so on the basis of consensus. Under Article
VI, the treaty parties are to “pursue negotiations in good faith on
effective measures relating to the cessation of the arms race at an
early date and to nuclear disarmament”.

According to the UN, the working group shall also “substantively
address recommendations on other measures that could contribute to
taking forward multilateral nuclear disarmament negotiations,
including but not limited to:

“(a) Transparency measures related to the risks associated with
existing nuclear weapons;

“(b) Measures to reduce and eliminate the risk of accidental,
mistaken, unauthorized or intentional nuclear weapon detonations; and

“(c) Additional measures to increase awareness and understanding of
the complexity of and interrelationship between the wide range of
humanitarian consequences that would result from any nuclear
detonation.”

Dates have yet to be set. But the working group will meet in Geneva,
Switzerland, in 2016 for up to 15 days. In the interests of achieving
real progress, the working group will not be bound by strict consensus
rules. It will submit a report to the General Assembly next October on
its substantive work and agreed recommendations.

International organizations and civil society organizations, including
the International Campaign to Abolish Nuclear Weapons (ICAN) are also
invited to participate. “It is time to begin the serious practical
work of developing the elements for a treaty banning nuclear weapons,”
said Beatrice Fihn, executive director of ICAN. “The overwhelming
majority of nations support this course of action.”

The Mexican-sponsored resolution that set up the working group
acknowledges in preamble to the resolution “the absence of concrete
outcomes of multilateral nuclear disarmament negotiations within the
UN framework for almost two decades”. It adds that the “current
international climate” – of increased tensions among nuclear-armed
nations – made the elimination of nuclear weapons “all the more
urgent”.

***The five permanent members of the UN Security Council, who comprise
the nine nuclear-armed nations – China, Russia, the United Kingdom,
the United States and France – are opposed to the creation of the
working group.*** [Emphasis added.]

They issued a joint statement in November explaining their view. “An
instrument such as a ban” would “undermine the NPT (Non-Proliferation
Treaty) regime”, they argued, but did not explain how, said ICAN.

They could have supported an “appropriately mandated” working group
bound by strict consensus rules, they said. However, such an
arrangement would have allowed them, collectively or individually, to
block all proposed actions and decisions, including the appointment of
a chair and adoption of an agenda. The Mexican approach of giving
greater control to nuclear-free nations is “divisive”, they
criticized.

Among the countries that abstained from voting on the resolution was
Germany, which hosts U.S. nuclear weapons on its territory, stating
that the working group is not “inclusive” – in spite of the fact that
the UN encourages participation of all nations. Japan and Australia,
which believe it is acceptable to use nuclear weapons in certain
circumstances, also abstained, offering vague explanations.

***India and Pakistan, which reportedly possess nuclear weapons, argued
that the working group would threaten the Conference on Disarmament
(CD) – a Geneva-based forum established in 1979 as the single
multilateral disarmament negotiating forum of the international
community, as a result of the first Special Session on Disarmament of
the United Nations General Assembly in 1978.*** [Emphasis added.]

The CD, which has been stuck up for nearly two decades, excludes
two-thirds of the world’s nations from its deliberations (mostly
developing nations). It will hold the first of three sessions in 2016
from January 25 to April 1, 2016.

According to ICAN, the UN General Assembly’s vote on a resolution
setting up a working group comes in the aftermath of the success of
the three major conferences on the humanitarian impact of nuclear
weapons in 2013 and 2014.

“These have resulted in a growing expectation among governments and
civil society that negotiations on a treaty banning nuclear weapons
should now begin. The failure of the NPT review conference this May
further underscored the need for real action,” commented ICAN.

“We cannot delay indefinitely the prohibition of a weapon that is
patently unacceptable on humanitarian grounds,” said ICAN’s Fihn. “We
expect that certain nations will continue to oppose this course of
action. But that must not prevent us from moving forward. We have
outlawed other indiscriminate, inhumane weapons. Now we must outlaw
the very worst weapons of all.” [IDN-InDepthNews – 28 December 2015]

Image: UN Office Geneva




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