Statement by Ambassador Pankaj Sharma GGE on Emerging Technologies in the area of LAWS Geneva, 2 December 2021

Mr. Chair

On behalf of the delegation of India, please allow me to convey oursincere appreciationto you for soably steering the work of the GGE during the year. The fact that we are meeting today in extremely challenging circumstances, in Geneva, in-person, is a testimony to your resolve and commitment to make progress in the work of the GGE. And I also wish to appreciate the hard work of the Secretariat, which has very ably supported our work, conference services and interpreters whohave  throughoutbeen with us in this long journey.  The High Contracting Parties and the Civil Society also share this collective purpose and goal as outlined by you.

2.       We also recognize that participation of experts from capitals in-person for many delegations has indeed become challenging owing to the new global travel and sanitary restrictions.

3.       My delegation assures you of our cooperation and full support as you embark on this third and final session of the GGE on LAWS for this year.

Mr. Chair

4.       We thank you for circulating the draft final report of the GGE and appreciate  the hard work in weaving the draft together. We also thank you for consulting various delegations during the inter-sessional period. Through you, we would also like to express our sincere gratitude to Ambassador Yann Hwang for organising  the CCW retreat at Evian which too provided a useful opportunity to discuss the issues on the agenda of the GGE on LAWS. Our delegation has some general observations that we would like to flag, for your consideration.

• The Report as drafted gives an impression that it is a report based on commonalities and convergences with agreements reached on the various aspects contained in the report. However, delegations have strong divergences and differences on several aspects, and they do not get reflected in any manner in the report.
• Section III of the draft, that deals with ‘Aspects that may benefit from additional clarification or review’ seems very restrictive and has a selective focus. It gives an impression that we have almost concluded discussions and have clarity on all other aspects, which is actually not the case. Several delegations, including my own, have expressed views during the year at the GGE calling for further discussions at this GGE on various aspects. My delegation would seek a faithful capture under Section III of all such issues that need further clarification by the Group of Governmental Experts.
• Previous years’ GGE Reports, Mr. Chair, have benefited from a section on ‘Conclusions’, that captured aspects that may benefit from additional clarification or review. We think it will be a good idea to expand Section III, taking into account views expressed so far, including divergences, so it can fertilize the work of a future GGE on emerging technologies in the area of Lethal Autonomous Weapons Systems. At Paragraph 51, a reference is made to ‘Conclusions’ of 2021 report, where there aren’t any such sections. This, in our view, needs the attention it deserves.
• Mr. Chair, on ‘The Way Forward’, since the discussions are still ongoing and further work needs to be undertaken in several areas, in my delegation’s view, it will be premature to negotiate and adopt by consensus an instrument, as proposed in Paragraph 49 c (i). At the same time, India has supported the approach of a Political Declaration based on Guiding Principles in our previous meetings.  The discussions on this subject have now spanned almost 8 years and as a pragmatic outcome of this process, we could agree to include, in such a Political Declaration, the eleven guiding principles as well as elements that have garnered consensus of this Group. However, it will be not be possible for my delegation to  include the  content in Paras 17 to 48, in its entirety, as proposed in Paragraph 49 (b).

Mr. Chair,

• Our delegation would suggest that aspects needing further work need to be culled out from the 2017,18 and 19 reports of the GGE. Furthermore, there needs to be an organic and logical link between Section III that identifies these issues and the ‘The Way Forward’ to firmly place the focus of the next GGE on important topics that deserve our collective attention and further work.
• Moreover, the formulation at Para 49 (c)  (i), has introduced new language by leaving out the core concept of lethality for the new GGE. While we are on one hand seeking clarity whether the characterization of systems under consideration should be specified as Lethal Autonomous Weapons Systems as at Section III para 13 (b), we seem to have put the cart before the horse by mandating the new GGE to negotiate and adopt an instrument on autonomous weapons systems. My delegation finds it difficult to support such an approach.
• My delegation had clearly expressed its difficulties with the section on General Commitments and except Paragraph 31 (a) under that Section, is not in a position to agree to any general commitments.
• These are some general and preliminary observations from my delegations and we can expand them further during in-depth discussions at the GGE.

Mr. Chair

My delegation may have differences and disagreements on some issues, but I can assure you that it will participate in a constructive spirit as exhorted by you during your introductory remarks.

I thank you Mr. Chair.