The Biological Weapons Convention Obligations and agreements, other international instruments, and building confidence Richard Lennane Head, BWC Implementation Support Unit United Nations Office for Disarmament Affairs (Geneva Branch) BWC IMPLEMENTATION SUPPORT UNIT UNITED NATIONS OFFICE FOR DISARMAMENT AFFAIRS Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

“Repugnant to the conscience of mankind” Disease as a weapon? “Repugnant to the conscience of mankind” Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

International response to the BW threat 1925 Geneva Protocol Prohibits use of CW and BW in warfare 1972 Biological Weapons Convention Prohibits development, production, stockpiling, acquisition, retention or transfer of BW 2004 UN Security Council Resolution 1540 Requires all states to take measures to prevent WMD (including BW) terrorism Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

BWC facts and figures Opened for signature in 1972; entered into force in 1975 Current membership: 170 States Parties 10 signatories 16 states neither signed nor ratified Main provisions: completely prohibits any acquisition or retention of biological or toxin weapons; no exceptions prohibits assisting or encouraging others to acquire BW requires national implementation measures peaceful uses of biological science and technology to be protected and encouraged Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

And just what is a biological weapon? “(1) Microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; (2) Weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.” - from Article I of the BWC Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

BWC strengths and weaknesses Clear, comprehensive ban: no exceptions, few loopholes Strong international norm, never publicly challenged Futureproof (so far...) Weaknesses: No organisation or implementing body No systematic monitoring of implementation or compliance No systematic assessment of needs or provision of assistance Uneven national implementation No mechanism for investigating alleged violations Conceived to deal with state-based BW programs: covers bioterrorism only indirectly Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Direction of the BWC since 2002 Focus on improving and coordinating national implementation Annual work programme deals with specific topics; exchange of technical expertise Range of different actors and organisations involved Implementation Support Unit coordinates activity Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Why this direction? Failure in 2001 of effort to negotiate a protocol to strengthen the BWC Bioterrorism becomes major concern after September 11, 2001 Rapidly growing biotech capabilities, shrinking costs, and widely expanding interest, participation, availability and access Unintended consequences, experiments gone wrong Accidents, leaks, mistakes – or deliberate misuse or sabotage (bio-terror vs. bio-error) Awareness and management of risks lagging far behind Concern about naturally-occurring, emerging and re-emerging disease Recognition of interconnection of BW with other biological risks Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Weapons of Mass Destruction Nuclear Weapons Non-proliferation Treaty International Atomic Energy Agency Chemical Weapons Convention Organization for the Prohibition of Chemical Weapons Biological Weapons Convention ? Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

The Spectrum of Biological Risk WHO BWC Natural disease outbreak Deliberate use of BW Unintended consequences Accidents Vandalism, sabotage Negligence “We must look at [the BWC] as part of an interlinked array of tools, designed to deal with an interlinked array of problems” – Kofi Annan, 2006 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

WMD regime: traditional model Treaty Organisation State Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

BWC approach: a network model WHO FAO OIE INTERPOL SCR 1540 Work Program ISU State State Professional associations Industry Scientific organisations Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Components – WHO, OIE and FAO WHO, OIE and FAO set standards and guidelines on biosafety and biosecurity, and offer: manuals, reference materials and online resources advice, training and capacity-building Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Components – INTERPOL INTERPOL Bioterrorism Program started in 2004 to: raise awareness of the threat develop police training programs strengthen efforts to enforce existing legislation promote the development of new legislation encourage inter-agency co-operation on bioterrorism Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Components - UNSCR Resolution 1540 Adopted 2004, renewed 1673 (2006), 1810 (2008) and 1977 (2011) imposes binding obligations on all States to establish domestic controls prevents proliferation of NCB weapons by establishing controls over related materials encourages enhanced international cooperation promotes universal adherence to WMD treaties Committee under UN Security Council Supported by group of experts Committee maintains database on implementation Committee acts as a clearing house for assistance Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

A shared responsibility “Governments alone cannot confront the risks posed by biological weapons ... to manage the full spectrum of biological risks, you need a cohesive, coordinated network of activities and resources. Such a network will help to ensure that biological science and technology can be safely and securely developed for the benefit of all.” - Ban Ki-moon, Secretary-General of the United Nations, 2008 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Seventh Review Conference: outcomes Final Declaration, including guidance on implementation New, re-structured intersessional programme (2012-2015): Three “standing agenda items” also considers CBMs (2012-13) and Article VII (2014-15) vice-chairs Revised CBM forms Database for assistance requests and offers Sponsorship programme ISU mandate renewed until 2016 Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

New intersessional programme Mandate remains to “discuss, and promote common understanding and effective action on” specific topics related to better implementation of the BWC Runs from 2012 to 2015 (8th RevCon in 2016) Two meetings each year: Meeting of Experts mid-year (12-16 August 2013); Meeting of States Parties in December (9-13 December 2013) Wide range of participants: objective is sharing information and experience, identifying best practices, improving effectiveness of the BWC Cost is shared by all States Parties, regardless of participation Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

New intersessional programme Three standing agenda items (considered every year): Cooperation and assistance, with a particular focus on strengthening cooperation and assistance under Article X Review of developments in the field of science and technology related to the Convention Strengthening national implementation Other topics: How to enable fuller participation in the CBMs (2012 and 2013) How to strengthen implementation of Article VII, including consideration of detailed procedures and mechanisms for the provision of assistance and cooperation by States Parties (2014 and 2015) Universalization, ISU report (every year) Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Confidence-building Measures (CBMs) Annual exchange of information “in order to prevent or reduce the occurrence of ambiguities, doubts and suspicions and in order to improve international cooperation in the field of peaceful biological activities” Agreed by review conference: States Parties “are to implement” the measures Set of six forms to be completed and submitted to the ISU by 15 April each year Seventh RevCon revised the forms Submitted CBMs published on restricted area of ISU website Guide available to help (now updated to match revised forms) Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

Implementation Support Unit (ISU) Small, 3-person unit in UNODA, funded entirely by BWC States Parties Mandate: “Help States Parties help themselves” Provide administrative support for BWC meetings Facilitate communication among States Parties and with relevant organizations Support national implementation efforts Act as “clearing house” for offers of and requests for assistance, administer database Administer confidence-building measures (CBMs) Support universalization activities Support implementation of decisions and recommendations of 6th and 7th Review Conferences Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

The future: challenges and questions Evolving BW threat: technological advances (e.g. synthetic biology), capability spreading fast Can the “network approach” assure compliance? What about verification, investigation? Coordination (e.g. with SCR 1540, CWC and WHO IHR implementation) remains uneven Universalization of BWC: 170 members, still lags behind NPT and CWC Disparities in national implementation; low CBM participation Effective provision of assistance: ISU helps, but demand greater than supply, coordination lacking Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013

www.unog.ch/bwc For more information… Or contact: BWC Implementation Support Unit United Nations Office for Disarmament Affairs Room 61, Palais des Nations Geneva tel: +41 (0)22 917 2230 fax: +41 (0)22 917 0483 e-mail: bwc@unog.ch Regional Workshop on National Implementation of the BWC for Eastern Europe Kyiv, Ukraine 27-29 May 2013