Statement delivered by Ms. Rachita Bhandari, Counsellor (Disarmament) at the Meeting of Experts MX5 2018 of the BWC on August 16, 2018

BWC Meeting of Experts MX.5
Geneva, 16 August 2018

MX.5: Institutional strengthening of the Convention:

[Consideration of the full range of approaches and options to further strengthen the Convention and its functioning through possible additional legal measures or other measures in the framework of the Convention]

Statement by India

Mr. Chairman,

The Indian delegationcongratulates you on your assuming the chairmanship of this Meeting of Experts of the BWC. We would also like to convey our appreciation to you for your willingness to chair this important meeting.

Wewere pleased that the Meeting of States Parties in 2017 could successfully deliver on the mandate given to it by the Eighth Review Conference, owing largely to the constructive engagement of all States Parties, which led to the adoption, by consensus, of an intersessional programme for 2018-20. The fact that we are meeting here today and have had robust discussions on a range of issues under the Meetings of Experts is itself, in our view, a significant initiative which contributes towards strengthening the Convention.  India has participated actively in all Meetings of Experts and looks forward to further constructive engagement over the next two years till the Ninth Review Conference in 2021. 

We are also pleased with the establishment of MX.5 on the ‘Institutional strengthening of the Convention’ which has been mandated to consider the full range of approaches and options to further strengthen the Convention and its functioning through possible additional legal measures or other measures in the framework of the Convention.

Mr. Chairman, we believe that the universalisation of the Convention would be a significant step towards its strengthening and its full implementation, and therefore, India continues to place importance on the universalisation of the BWC. We have made significant strides towards this goal in the recent past, thanks mainly to the intensive efforts of the ISU, with Niue and the State of Palestine acceding to the Convention this year, taking the total number of States Parties to a noteworthy number of 181. The Sponsorship Programme, in our view, could make an important contribution in this regard, and India has been one of the countries that has been making a financial contribution to the Programme.      

Mr. Chairman, we also thank the ISU for having prepared the background information documenton Item-4 of the Agenda as contained in MX.5/2.  We are pleased to note that the ISU has chosen the Review Conferencesas the reference framework while compiling a historical account of efforts towards institutional strengthening of the Convention since its entry into force.  The document lists out several measures that were agreed to by the States Parties but which have not yet been either implemented at all or fully implemented.  It may therefore be worthwhile Mr. Chairman to revisit these measures to gain an understanding whether they still command consensus amongst States Parties today.

Mr. Chairman, India remains committed to improving the effectiveness of the BWC and strengthening its implementation, including through legally binding measures. The long-term sustainability of the Convention, in our view, should essentially be rooted in legally-binding measures with all States Parties reposing collective confidence in the Convention. In this, the BWC could draw inspiration from the CWC.

India shares the widespread interest amongst States Parties to strengthen the effectiveness and improve the implementation of the BWC through the negotiation and conclusion of a Protocol for that purpose covering all provisions of the Convention.

Verification of compliance, is critically important for States Parties to be collectively reassured that the provisions of the Convention are being realized. In this context, India supports the objective of a multilaterally agreed mechanism for verification of compliance that provides the assurance of compliance by States Parties and acts as a deterrent against non-compliance.

Mr. Chairman, while CBMs are an important transparency measure to enhance trust, they are not an alternative to an effective mechanism for verification of compliance. CBMs are not declarations and cannot be treated as such for assessing non-compliance. India is willing to look at proposals to update CBM formats related to the object and purposes of the Convention and in a manner that does not impose an undue burden on States parties. India has been making timely submissions of its CBMs.

Mr. Chairman, Article VII assistance is a legal obligation under the Convention. It is clear that the lack of a comprehensive Protocol to strengthen implementation of all aspects of the BWC has created a gap in the international community’s capacity to respond effectively and provide assistance to States Parties exposed to dangers as a result of violation of the BWC. In 2015, India and France proposed the establishment of a database for assistance in the framework of Article VII and tabled a Working Paper WP.38 at the Preparatory Committee for the Eighth Review Conference. The Eighth Review Conferencesupported the establishment of the database, recognizing it as one way to help withthe implementation of Article VII. We continue to see this as an operational and concrete tool providing an incentive for the Convention’s universalization.

Mr. Chairman, while the ISU has been doing outstanding work in meeting its onerous responsibilities such as assisting efforts of States Parties to implement the decisions taken at Review Conferences and encouraging universalisation, to name a few, further reinforcing the currently rather thinly staffed ISU would be worthy of consideration by States Parties in order to strengthen the implementation of the Convention.  We would, of course, have to keep in mind practical considerations regarding financial resources as well.  And that brings me to my next point, Mr. Chairman, that we must ensure the financial health of the Convention by ensuring both stability and predictability ofresources.  The Indian delegation would urge all States Parties to ensure that their financial contributions are made in time which would help in addressing the severe challenges the Convention is currently faced with regard to its financial status.  We welcome the efforts being made by the Chair of the 2018 MSP in this regard.

Thank you, Mr. Chairman.