Submission by the Caribbean Community (CARICOM) International Workshop on The Eighth BWC Review Conference: Promoting BWC Implementation, Enhancing Global Biosecurity Governance Wuxi, China September 5-7, 2016
Member States of the Caribbean Community (CARICOM) Member States of the Caribbean Community
Member States of the Caribbean Community (CARICOM) CARICOM comprises 12 islands and 3 continental states within a geographical zone that lies directly in the path of one of the most active global trafficking routes. In addition, CARICOM Member States have extensive coastlines and vast vast territorial waters and lack adequate law enforcement capabilities. The 12 island states are spread over approximately 60,000 square kilometers of the Caribbean Sea which has an area of 2.75 million square kilometres. Just over 2 percent of CARICOM’s area is land, within an overall area that is three quarters the size of the 27 Member States of the European Union combined. This makes it extremely challenging for each state to monitor its coastlines and territorial waters which are, on average, 15 times larger than their land mass. Four member states share land borders with other sovereign territories.
Preventing the proliferation of CBRN materials Issue of importance to Caribbean Regional Security CARICOM Small states in the Caribbean face significant on-going challenges in: • Controlling strategic items and related materials transiting or being trans- shipped through the region’s waters, airspace and across its borders – inclusive of the transfers of dual-use items and technology. • Controlling foreign-origin items re-exported from CARICOM member states • Controlling items temporarily transferred to another state – including commercial material and equipment transfers to foreign-owned holdings. The recent 2016 Caribbean Nations Security Conference in Kingston, Jamaica focused on the vulnerability of the region and attendant capacity deficits experienced by CARICOM Member States.
UNSCR1540 and the BWC Effective Controls Fundamental to Meeting Non-Proliferation Aims • Inclusive of biological agents/materials, UNSCR 1540 seeks to prevent the development, acquisition, trafficking, or use of weapons of mass destruction (WMD), their means of delivery, and related materials equipment and technology • By, or to, Non-State actors • By, or to, State actors
United Nations Security Council Resolution 1540 BWC-relevant Tenets and Operational Paragraphs • Para 1: general commitment to not support non-state actors re WMDs • Para 2: criminalize all activities of non-state actors (unauthorized entities) with regard to WMD-relevant items • Para 3a: appropriate effective measures for nuclear materials control and accounting • Para 3b: appropriate and effective measures for nuclear material protection (physical security) • Para 3c: effective border controls • Para 3d: comprehensive national export controls • Para 6: appropriate control lists • Para 8b: international obligations incorporated into domestic laws/regulations • Para 8d: develop appropriate ways to work with industry and public • Para 9: engage in dialogue and cooperation on nonproliferation • Para 10: take cooperative action to prevent illicit trafficking in WMD items
United Nations Security Council Resolution 1540 UNSCR 1540 and the BWC • The CARICOM 1540 Implementation Programme has always regarded Operative Paragraph 2 of Resolution 1540 as a major rationale for its continued focus on supporting the full implementation of the Biological and Toxin Weapons Convention (BWC) • UNSCR 1540 implementation activities have always been regarded as a corollary to ongoing efforts in CARICOM Member States to implement the CWC
United Nations Security Council Resolution 1540 UNSCR 1540 and the BWC Operative Paragraph 8 of Resolution 1540 is very clear about Member States responsibilities in fully meeting their obligations under the key multilateral nonproliferation treaties, effectively making the case that any progress in assuming mandates under the Biological and Toxin Weapons Convention (BWC), for example, also furthers the assumption of responsibilities with respect to UNSCR 1540
Building Effective Non-proliferation capacity UNSCR 1540 and its underpinnings: the NPT, CWC and BWC Our working premise is simply this: UNSCR 1540 should be visualized as a stool, with the implementation of each leg in this construct not only representing a set of activities that directly relate to the successful assumption of responsibilities under the Resolution, but indeed three different sets of complementary activities that together serve to advance nonproliferation objectives. UNSCR 1540 BWC NPT CWC
Confronting Common Administrative Challenges Leveraging UNSCR 1540 Implementation Approaches to focus the BWC Given capacity challenges, small States, like CARICOM Members, face similar difficulties in establishing appropriate mechanisms to effectively meet obligations, whether under the Arms Trade Treaty (ATT) or the International Health Regulations (IHR). The challenges relating to compliance activities and procedures are fundamentally the same in dealing with the Biological and Toxin Weapons Convention. BWC National Authority Ministry of Ministry of National Health Security Ministry of Ministry of Ministry of Foreign Legal Agriculture Affairs Affairs
Confronting Common Administrative Challenges Leveraging UNSCR 1540 Implementation Approaches to focus the BWC • Bilateral and international cooperation is indispensable to realizing the full implementation of the BWC in the Caribbean and allowing CARICOM Member States to effectively meet their obligations under the Biological and Toxin Weapons Convention, as well as attendant frameworks such as UNSCR 1540 In the overwhelming majority of CARICOM Member States there is a clear need to support National Authorities to: • Act as a national focal point of contact for the BWC-ISU • Provide data and information relevant to the fulfilment of its international obligations to other States parties and international organizations; and • Share experiences and extend assistance to other States pertaining to the implementation of the BWC • Collect any necessary information and prepare Confidence- Building Measure returns for submission to the BWC-ISU • Propose and support the adoption of legislative and other measures to implement the BWC • Supervise and monitor the enforcement of legislation and regulations
Confronting Common Administrative Challenges Leveraging UNSCR 1540 Implementation Approaches to focus the BWC There is also a significant need for other regulatory and licensing support attendant to BWC mandates including the: • Granting licenses for the handling of biological agents for peaceful purposes • Establishing a national system to monitor and verify activities involving the handling and use of biological materials • Authorization and monitoring of domestic and international transfers of biological agents, toxins and dual-use equipment and technology CARICOM States also need support in: • Creating and maintaining national protocols to respond to biological emergencies • Developing mechanisms to report to parliament on BWC- National Authority activities • Advising the Office of the Prime Minister on any BWC- related issues • Conducting or facilitate awareness-raising, education, outreach and training on the BWC, biosafety and biosecurity, national implementing legislation and other measures and codes of conduct for scientists
Implementing UNSCR 1540 Meeting core requirements in concert with BWC obligations Operative paragraph 2: Prohibitions • Adoption of laws or amendments of existing ones to prohibit non-State actors from manufacturing, acquiring, possessing, developing, using, transporting and transferring nuclear, chemical or biological weapons and their means of delivery • Adoption of laws or amendments of existing ones to prohibit any attempt by non-State actors to participate in them as an accomplice, and to assist or finance them
Regional UNSCR 1540 Implementation Summary of Key Benefits The benefits of engaging the UNSCR 1540 process cooperatively has enabled CARICOM states to: • Develop a unitary process to enact domestic export control legislation through the development of a regional Reference Legal Framework, or model legislation, to ensure that CARICOM members meet their obligations to prevent any illicit trade in strategic goods, including biological agents/materials within the region • Approach the issues of improving maritime and port security cooperatively within the region, with the view to harmonizing customs control procedures and systems • Provide needed training to operational personnel to enable these security practitioners to effectively utilize techniques and approaches, including automated risk profiling, databases and watch lists to identify suspect transfers and end-users
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