Costa Rica’s support to disarmament and non proliferation and to peace and international security remains untouched. We are a small, democratic, disarmed and civilian country, which relays in the multilateral system and international law as our only instruments of defense. It is so enshrined in Article 12 of our Constitution, and we hope that our example could inspire others.
Talking points on the Nuclear Weapons Convention,
Ambassador, Eduardo Ulibarri, Permanent Representative of Costa Rica.
Thursday, 11 October, 2012. 1:15 – 4:15pm in the Bahai Meeting Room,
866 UN Plaza, Ground Floor.
I would like to express my sincere appreciation to Abolition 2000 Global Network to Eliminate Nuclear Weapons, for their invitation to speak to you on the strategy Costa Rica has followed for promoting a Nuclear Weapons Convention, including through UN Resolution that Costa Rica co-sponsors with Malaysia, and the Model Nuclear Weapons Convention.
As one of the drafters of the Model Nuclear Weapons Convention, and for his lifelong commitment with nuclear disarmament, I’d like to pay a special tribute to Carlos Vargas-Pizarro. With his passing, we have all lost a friend, a courageous lawyer, an activist, a tireless proponent of a war free of nuclear weapons.
Costa Rica’s support to disarmament and non proliferation and to peace and international security remains untouched. We are a small, democratic, disarmed and civilian country, which relays in the multilateral system and international law as our only instruments of defense. It is so enshrined in Article 12 of our Constitution, and we hope that our example could inspire others.
Early this year, the Minister of Foreign Affairs of Costa Rica, H.E Enrique Castillo, addressed the Conference of Disarmament in Geneva and participated in the Forty Fifth Anniversary of the signature of the Tlatelolco Treaty. In both he reaffirmed that our proposal for a Nuclear Weapons Convention continues to be a priority of Costa Rican foreign policy as well as our maximum aspiration.
I will develop my presentation around two parts. First, I will comment six lessons learned by Costa Rica during the process to promote a Nuclear Weapons Convention. Then, I will provide some ideas for advancing the NWC.
I. Six lessons learned
1. Grab opportunities; leverage momentum to push forward.
2. Use available opportunities in the UN System.
3. Build upon good models and benchmarks; they provide ideas, experience and legitimacy.
4. Be ready to evolve according to the circumstances. Keep principles, but change strategies as needed.
5. Keep the process moving.
6. Engage with and help mobilize civil society and NGOs.
Let me now offer some examples on each of these lessons learned:
1. Grab opportunities; leverage momentum to push forward
When we look at recent history, 1996 was a key year, which created momentum for the NWC.
The UN resolution calling for negotiations leading to the conclusion of a Nuclear Weapons Convention leveraged the unanimous conclusion of the International Court of Justice in 1996 that “There exists an obligation to pursue in good faith and bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control.”
In 1997, Costa Rica submitted a Model NWC to the UN Secretary-General as an exploration of the legal, political and technical framework required to achieve and sustain a nuclear-weapons-free world.
Action had to be quick, and the Model NWC was drafted over a nine-month period by a group of experts brought together by the Lawyers Committee on Nuclear Policy at the request of Abolition 2000. It was drafted as a practical tool taking into consideration the needs and concerns of all States – nuclear-weapon States, nuclear capable States and non-nuclear States.
2. Use available opportunities in the UN System
When, as a non-permanent member of the Security Council, Costa Rica occupied its Presidency in November 2008. We succeeded it using the Council’s consideration of the item entitled “Maintenance of international peace and security: strengthening collective security through general regulation and reduction of armaments”, to issue a Presidential Statement (S/PRST/2008/4) on 19 November 2008. Among other issues, the Statement said that the Council continues to be “convinced of the necessity to strengthen international peace and security through, inter alia, disarmament, non-proliferation and arms control. It considers that the regulation and reduction of armaments and armed forces, as appropriate, constitutes one of the most important measures to promote international peace and security with the least diversion of the world’s human and economic resources.”
Secondly, I will explore on the possibilities to advance the NWC and extend the use of the Model NWC with three scenarios or approaches to reach this goal.
3. Build upon good models and benchmarks; they provide ideas, experience and legitimacy
Drafters of the Model NWC were guided by existing mechanisms such as the Chemical Weapons Convention, NWFZ treaties, UN Security Council resolutions on non-proliferation, and the CTBT. However, they also included a number of measures necessary to deal with the unique nature of nuclear weapons. These instruments provided ideas, clarified issues and enhanced the legitimacy of the effort.
4. Be ready to evolve according to the circumstances. Keep principles, but change strategies as needed
In 2000 and 2005, Costa Rica and Malaysia submitted working papers on the Nuclear Weapons Convention to the NPT Review Conferences. The working papers explored the possibilities of Member States to use the NPT process to facilitate negotiations on a nuclear weapons convention, and outlined a process for such negotiations based on elements from the Model NWC.
Furthermore, in 2007 the Model NWC was revised, taking into consideration key developments since the original Model NWC. The revised Model NWC was circulated by the UN Secretary General and noted in his Five-Point Plan for Nuclear Disarmament as a useful guide to negotiations that should take place to achieve a nuclear weapons convention or package of agreements.
5. Keep the process moving
As outlined above, we have tried to use all available opportunities to advance and, when that has not been possible, at least to keep the process open and moving. Inaction is the worst possible situation.
6. Engage with and help mobilize civil society and NGOs
Especially for small countries like Costa Rica, NGOs are a major source of ideas, advice and action. For example, as stated in point 1, it was thanks to the Lawyers Committee on Nuclear Policy, at the request of Abolition 2000, that Costa Rica was able to present the model NWC in a record time.
In the current world, civil society organizations, NGOs and academic institutions are at the forefront of new ideas to nurture countries´ initiatives and to contribute to make operational our ideals.
II. Ideas for advancing the NWC
Negotiations leading the conclusion of a NWC should commence immediately. As indicated above, any issues relating to the elimination of nuclear weapons could be discussed and resolved through the negotiation process, and should not be presented as pre-conditions to even starting such negotiations. However, as some States are reluctant to join such negotiations, the following could be initiated by like-minded countries:
1. Informal preparatory work could be undertaken on various aspects outlined in the Model Nuclear Weapons in order to start the practical work on a framework for a nuclear-weapons-free world and pave the way for negotiations.
This could include:
- Small groups of countries working collectively on specific areas where they have expertise.
- There could be a group of countries working on verification requirements and mechanisms for comprehensive nuclear disarmament.
- Another group of countries could work on the legal and political mechanisms to support the phase-out of nuclear deterrence. Costa Rica, and most other countries, have found their security without reliance on nuclear weapons. Some countries which used to possess nuclear weapons or rely on nuclear deterrence have abandoned such policies. We could thus work with those countries still relying on nuclear deterrence to explore such security frameworks without nuclear weapons. The Framework Forum, launched by the Middle Powers Initiative at the 2012 NPT Prep Com in Vienna, envisages such preparatory work, and outlines how this could work.
2. Commencing negotiations through a like-minded or UN General Assembly approach.
The Landmines and Cluster Munitions Conventions was negotiated through like-minded countries coming together to commence negotiations without waiting for every country in the world to agree. In fact the very commencement of such negotiations generated political momentum moving many opposing countries to shift their policies and join the negotiations. This is a possible approach for commencing negotiations on a nuclear weapons convention. The rights of States who join the negotiations to not be disadvantaged can always be protected either through requirements of participation by key countries to conclude the negotiations – or through entry-into-force procedures as was done with the CTBT.
Another approach is to commence the negotiations through a UN General Assembly process, as was done to achieve a Law of the Sea Convention and an International Criminal Court and is now being undertaken for the proposed Arms Trade Treaty. Such an approach could link to the work program of the Conference on Disarmament and undertake some of its work using the facilities of the CD, but not bound so absolutely by the consensus rule.
3. Elevating nuclear disarmament with a leadership group determined to achieve a nuclear-weapons-free world.
A key to building the political will to achieve a nuclear-weapons-free world would be raising the issue to the level of leadership. Perhaps a group like the Six Nation Initiative (1984-89) could be established to galvanize political momentum to achieve a nuclear-weapons-free world.