Strengthening the Biological Weapons Convention
Briefing Paper No 9: Article X : Specific Measures to Achieve Implementation
Executive Summary
Series Editors, Graham S. Pearson and Malcolm R. Dando
Department of Peace Studies, University of Bradford
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Attention is being given by the Ad Hoc Group (AHG) to measures to implement Article X of the Convention in accordance with its mandate which explicitly requires consideration of "Specific measures designed to ensure effective and full implementation of Article X,...". As good progress is being made on the development of the rolling text for the Protocol to strengthen the Convention, it is timely to consider how the implementation of Article X might contribute to the strengthening of the effectiveness of the Convention.
Previous Briefing Papers (No 6, 7 and 8) have identified some building blocks which could be used in devising measures to implement Article X of the Convention which could also contribute to building transparency and enhancing confidence in compliance with the Convention. This Briefing Paper utilizes the building blocks to identify specific measures to implement Article X that will also contribute to strengthening confidence in compliance and could with advantage be incorporated into the Protocol.
EXISTING NATIONAL, REGIONAL AND INTERNATIONAL CONTROLS
There is clearly a common goal between on the one hand, the frameworks for national, regional and international controls of the handling and transfer of biological agents and toxins and of living modified organisms for peaceful purposes and of the facilities manufacturing licensed medicinal products for humans and animals, and on the other hand of the negotiations of a Protocol to strengthen the BTWC through increased transparency and enhanced confidence that States Parties are not using biological agents and toxins for purposes prohibited by the Convention. Consequently, measures designed to facilitate the use of such agents and toxins for peaceful purposes through the regional and international harmonization of the regulatory frameworks for the handling, storage and transfer of biological agents and toxins and through the promotion of internationally accepted standards and regulatory inspections of facilities producing licensed medicinal products for humans and animals will both implement Article X of the Convention and contribute to strengthening the BTWC through increasing transparency and building confidence in compliance. Such Article X measures can contribute to the implementation of the promotional and of the regulatory elements of Article X. For simplicity, measures in this Briefing Paper have been attributed to one or other element even though some can contribute to both elements.
The potential benefits of promotional measures to implement Article X through cooperation to achieve full and effective implementation of the provisions of the Protocol to strengthen the BTWC and to address the need for surveillance of outbreaks of emerging and re-emerging diseases are evident. Secondly, the importance of addressing the regulatory aspects of Article X is recognised; it is clear that there can be no sudden change to the present situation. The need is to build increased transparency and thus enhanced confidence in compliance with the BTWC by all States Parties to the BTWC. Some initial measures can be identified that could serve as a first stage towards the creation over time of a situation in which States Parties have the necessary degree of confidence in the compliance by other States Parties with the BTWC that current control mechanisms can be relaxed between States Parties.
SPECIFIC ARTICLE X IMPLEMENTATION MEASURES
The following specific measures are identified to achieve implementation of Article X:
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Article X Measure |
Benefits to States Parties |
| Promotional
Assistance in setting up National Authorities and in implementing the BTWC Protocol |
Enhanced world-wide confidence in the implementation of the BTWC Protocol (and thus of the Convention) by all States Parties |
| Assistance to national elements of WHO, FAO and OIE Surveillance Networks | Improved national, regional and international
surveillance of outbreaks of disease enabling counters to outbreaks to be
rapidly instituted
Information for the WHO, FAO and OIE Surveillance Networks will be important for the effective operation of the BTWC Organisation in its oversight of the implementation of the BTWC Protocol |
Article X Measure |
Benefits to States Parties |
| Regulatory
Regulatory frameworks for dangerous pathogens, toxins and living modified organisms |
Improved public confidence that such materials are only being used for controlled and permitted purposes Contribute to ensuring that such materials are not available for terrorist purposes |
| Regulatory pharmaceutical inspectorates and licences | Improved assurance of safety for humans and
animals receiving the medicinal/veterinary products
Promotion of trade in pharmaceuticals Enhanced confidence that pharmaceutical production facilities are only being used to produce licensed permitted products |
Possible language for incorporation of such measures in the draft Protocol is outlined.
CONCLUSIONS
It is concluded that specific measures to implement both the promotional and regulatory elements of Article X of the Convention, as outlined above, would also contribute directly to the strengthening of the BTWC through building transparency and enhancing confidence in compliance. The resources needed to do this could be readily accommodated in a small and efficient BTWC Organization of about 200 people well under half the size of the OPCW. Furthermore, such measures to implement Article X of the Convention would contribute over time to the building of a climate in which States Parties have the necessary degree of confidence in the compliance of other States Parties with the Protocol that trade restrictions between States Parties to the Protocol could be relaxed.
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The Biological and Toxin Weapons Convention Database forms part of the Project on Strengthening the Biological and Toxin Weapons Convention and Preventing Biological Warfare, which is based in the Department of Peace Studies, University of Bradford, UK.
Updated 21 August 98.