GCSP “The Middle East Conference on the Establishment of Zone Free of Nuclear Weapons and all Other Weapons of Mass Destruction: the Way Forward” Dr. Sameh Aboul-Enein 16 April 2013 Geneva

Introduction The topic of a Middle East zone free of nuclear weapons and all other weapons of mass destruction is of utmost importance given the transformative changes underway in the political landscape of the region. In my presentation, I intend to discuss four main issues: first, I will discuss the “Arab Spring” and its relation with the Middle East Free Zone, second, I will reflect some views on how we should establish a nuclear weapon free zone in the Middle East, third, I will present the current situation and Forth, I will provide some concluding remarks.

First: The “Arab Spring” and the Middle East Free Zone The Arab Spring launched an era of sweeping political changes in the countries of the Middle East and North Africa. The people's rising demands for a stronger voice in their own governance have brought new opportunities for reform and democratic transition giving rise to new fundamental changes in political rights and civil liberties. The “Arab Spring” has without a doubt changed existing fundamental dynamics and has had significant implications on the political and security settings in the Middle East. Public opinion is already playing a much more significant and prominent role in Arab societies and will have a fundamental role in the formulation of disarmament and security issues. The establishment of a zone can positively contribute to regional and international non-proliferation and disarmament efforts as well as improving the overall security environment in the Middle East. The convening of the conference on the establishment of a zone free of nuclear weapons and other weapons of mass destruction in the Middle East, as soon as possible, is integral to the future stability of the region.

The “Arab Spring” and the Middle East Free Zone (cont.) The success of the Middle East Free Zone Conference will be crucial to the success of the current NPT Review Cycle and its outcome will certainly have a significant bearing on future developments in the Middle East. Holding the Middle East Conference before the upcoming second preparatory committee for the 2015 NPT review conference to be held at the end of April next month is of crucial importance. However, if the conference is not held before that date then the facilitator has the responsibility to provide in his report to the PrepCom credible reasons for the delay in holding the conference. It would be beneficial then to reflect on the treaties of other regional nuclear weapon free zones such as the Tlatelolco, Rarotonga, Pelindaba, and Bangkok Treaties. Despite the contextual differences between these zones and the Middle East, these treaties nevertheless can provide us with guidance when it comes to formulating the technical, institutional, and scientific dimensions related to a weapon free zone. The IAEA Forum on "Experience of Possible Relevance to the Creation of a Nuclear Weapon Free Zone in the Middle East" held in Vienna by the IAEA in November 2011 was useful in this regard as well. Several constructive proposals, made at the Forum, could be taken into consideration such as taking stock of the importance of declaratory policy, in particular, declarations of good intentions, and identifying specific and practical confidence building measures.

Second: The Way Forward; the Nuclear Weapon Free Zone in the Middle East 1.Now, with the approaching second session of the Preparatory Committee of the 2015 Review Process of the NPT, there is a need to enter directly into a phase of substantive and procedural preparation for the ME Free Zone Conference itself, and thus there is a need to intensify consultations with participating States, which will require additional efforts from now until convening the Conference with a view to making it a success. The Conference should launch a sustained and serious process leading to the establishment of the Zone, and involving concrete steps and measures to be taken within specific time- frames, and linked to the successive sessions of the Preparatory Committee of the 2015 Review Process of the Treaty.

The Way Forward; the Nuclear Weapon Free Zone in the Middle East (cont.) There is a need to enter directly into a phase of substantive and procedural preparation for the 2012 Conference. There is a need to form a mechanism for substantive and procedural preparation for the 2012 Conference and follow-up of progress. There should be preparation for how the issues of the agenda, modalities, rules of procedure, verification and compliance should be addressed. The conference should cover the different properties of the Zone such as geographical area, prohibitions, and entry into force. Other issues such as the security guarantees in support of it, the peaceful uses of nuclear energy, and nuclear safety are issues which should be prepared as well. The free zone in the Middle East could contain the following technical provisions:

The Way Forward; the Nuclear Weapon Free Zone in the Middle East (cont.) Dismantling and destroying existing or remaining nuclear weapons capabilities, facilities, and devices under international verification mechanisms. Renouncing nuclear weapons through refraining from conducting indigenous development and activities related to nuclear weapons. Prohibiting stationing of any nuclear explosive devices on the zone. Prohibiting nuclear explosive testing in the zone and the role of the CTBTO in this regard. Using nuclear materials and facilities for peaceful purposes only. Placing all nuclear facilities under comprehensive IAEA safeguards. Establishing the necessary relevant institutions and mechanisms/entities to uphold such a zone free of nuclear weapons and other weapons of mass destruction and address the issue of verification to identify the role of the IAEA and other relevant organizations within such a zone.

The Way Forward; the Nuclear Weapon Free Zone in the Middle East (cont.) The Process Phase in follow up to the ME Conference requires a clear road map containing concrete goals that are time bound, and linked to the successive sessions of the Preparatory Committee of the 2015 Review Process of the Treaty. The road map should be reviewed by each of the successive sessions of the Preparatory Committee based on the reports to be presented by the facilitator. Evaluation of the States Parties to the NPT regarding the progress made towards establishing the zone should be an integral part of any outcome documents of the successive sessions of the Preparatory Committee within the framework of the 2015 Review Process of the Treaty. The participation in the Middle East Conference should be inclusive. The conference should include Israel, Iran, and the members of the League of Arab States, as well as the nuclear weapon states and other relevant international organizations such as the IAEA, the OPCW, BTWC, CTBTO and the NPT representative.

The Way Forward; the Nuclear Weapon Free Zone in the Middle East (cont.) There is a special responsibility on the nuclear-weapon States, especially the Depositary States that co-sponsored the 1995 Resolution, to implement Resolution. It is clear that the responsibility to implement the 2010 fourth Action Plan does not lie with the States of the Middle East alone, but rather all parties must exert efforts towards succeeding in implementing the 1995 Resolution, and the Depositary States have a special responsibility in this regard by virtue of their special role in supporting the Treaty as a whole and in co- sponsoring the 1995 Resolution in particular.

Third: The Current Situation 18 years have elapsed, since the 1995 treaty on the Non-Proliferation of Nuclear Weapons Review and Extension Conference adopted a resolution on the Middle East that called for the establishment of a nuclear weapons free zone (NWFZ) in the region. unfortunately till this day no practical ground steps have been taken to implement this resolution whether in terms of implementation or accession of countries with nuclear capabilities which have not yet done so, or the establishment of a ME zone free of Nuclear weapons and all other weapons of mass destruction. The NPT Review Conference in 2010 presented a way forward towards adopting by consensus an action plan on the ME which emphasized the importance of a process leading to the full implementation of the 1995 resolution, a plan that stipulated the convening of a conference in 2012 on the establishment of a ME zone free of nuclear weapons and all other weapons of mass destruction, by the Secretary General of the UN and the co-sponsors of the 1995 resolution together with a facilitator to ensure both the attendance of all the states of the region and the convening of the conference

The Current Situation (cont.) The Arab League and the conveners of this conference have been in close contact during the past few months to discuss the modalities of this conference. Despite, the relentless Arab efforts to ensure the convening of the conference in accordance with the terms of reference adopted by consensus at the last NPT Review Conference, there was a unilateral decision to postpone this conference, which was scheduled to take place in Helsinki in December 2012, for unjustified reasons. The Arab League Members have been disappointed at the statements by the conveners of the ME Free Zone Conference on postponing the conference. Egypt had issued a press statement on November 26th, 2012, expressing it’s dismay to this postponement, since it represents a serious breach of the decision taken by the member states in the non -proliferation treaty in accordance with the terms of reference agreed upon and freely arrived at, in which it was clearly stated that the" UN Secretary General, United States, Britain and Russia to convene the conference in 2012, with the participation of all the countries of the region, and in the context of implementing the Middle East Resolution adopted by the Review Conference and the indefinite extension of the NPT in 1995".

The Current Situation: The Arab Ministerial Meeting (cont.) The Arab ministerial meeting last January called for what the Arab world believes as justified and equitable requirements that abide by the mandates both stipulated and adopted freely in the final document of the 2010 NPT review conference, and as adequately stated in the prerequisite guidelines for attending the proposed "Extended Consultations" in the Arab Ministerial Resolution 7580 on January 13th, 2013 which stipulated the following: Emphasized that the postponement of the 2012 conference on the establishment of a Middle East Zone free of Nuclear weapons and all other weapons of mass destruction constitutes a breach of the obligations of the organizers of the conference before the international community towards the implementation of the 1995 resolution on the Middle East, and the implementation of the 2010 NPT review conference final document. Any participation in “Extended consultations” will be according to the agreed terms of reference in the Action plan for the Middle East contained in the 2010 NPT final document, including the 1995 resolution on the Middle East which is the mandate for the 2012 ME conference. The importance of the establishment of a set date for the conference. Holding the consultations under the auspices of the United Nations and with a set agenda. Those countries that formally announce their participation in the conference are the ones to attend the consultations.

Fourth: Conclusions It is worth recalling that key successes in abolishing nuclear weapon programs included South Africa's historic decision to dismantle its nuclear weapons and join the nonproliferation treaty; decisions by Brazil and Argentina to roll back their nuclear programs and create a bilateral verification agency; and the decisions by Belarus, Kazakhstan, and Ukraine to transfer nuclear weapons back to Russia after they seceded from the Soviet Union. The actions by these states to give up nuclear programs and weapons deserve greater recognition and merit drawing lessons from. Egypt has taken extra steps and exerted efforts within the framework of the League of Arab States towards the implementation of the 1995 Resolution and the 2010 fourth Action Plan, including through meetings of the Committee of Senior Officials from Ministries of Foreign Affairs and the Secretariat to prepare for the participation of all Arab States in the ME Free Zone Conference. The Plan of Action of 2010 reaffirmed the importance of Israel’s accession to the NPT and the placement of all its nuclear facilities under comprehensive IAEA safeguards. There is an urgency and importance of achieving universality of the Treaty. We should continue to call on all States in the Middle East that have not yet done so to accede to the Treaty as non- nuclear-weapon States so as to achieve its universality at an early date.

Fourth: Conclusions (cont.) It is essential also for Iran and the IAEA to intensify their dialogue aiming at an urgent resolution of all outstanding substantive issues for the purpose of providing clarifications regarding the outstanding issues. It is imperative for all countries concerned to realize how dramatically the regional context has changed. This in turn, requires modifications in the behavior and approach of many. The conveners are urged to standup to their commitments and fulfill their mandates towards holding the conference without further delay and set a new date as early as possible and before the start of the second session of the Preparatory Committee for the 2015 NPT Review Conference. I still believe that the ME Free Zone Conference and the process that follows should be inclusive to allow a more genuine, candid and necessary interaction about nuclear disarmament, dismantlement, nuclear roll-back, transparency, accountability, and verification. There has not been an interaction for many years and all opportunities that exist to make this happen should be utilized.

Thank you