CONSIDERATION OF THE INTERNATIONAL AGREEMENTS TABLED

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CONSIDERATION OF THE INTERNATIONAL AGREEMENTS
TABLED

•  
•  AMENDMENTS TO THE CERTAIN CONVENTIONAL WEAPONS
  CONVENTION
• (CCW)

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ISSUES THAT WILL BE COVERED IN THE PRESENTATION

• BACKGROUND TO THE CCW
• SIGNIFICANCE OF THE CCW
• RSA PARTICIPATION IN THE CCW
• WHAT IS REQUIRED OF PARLIAMENT?
• THRUST OF AMENDMENTS TO THE CCW
• IMPLICATIONS

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BACKGROUND TO THE CCW

• Convention on weapons that can be excessively
  injurious or have indiscriminate effects
• Protocols covers
• Non-Detectable Fragments (Prohibition)
• Mines, Booby-Traps and Other Devices
  (Restriction)
• Incendiary Weapons (Restriction)
• Blinding Laser Weapons (Prohibition)
• Explosive Remnants of War (ERW - Post-conflict
  remedial measures)

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NUMBER OF STATES PARTIES TO THE CCW

• Framework Convention (112)
• Protocols
• Non-Detectable Fragments (110)
• Mines, Booby-Traps and Other Devices (94)
• Incendiary Weapons (106)
• Blinding Laser Weapons (97)
• Explosive Remnants of War (ERW - 68)
• Amendment to Art 1 of framework CCW (74)

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 SIGNIFICANCE OF THE CCW

• It is the only legally binding international arms
  control agreement that either prohibits or
  restricts the use of a range of diverse
  conventional weapons
• The fact that it addresses weapons deemed to be
  excessively injurious or to have indiscriminate
  effects have made the CCW an important instrument
  of international humanitarian law
• The CCWs attempt to regulate in certain cases
  the transfer of specific conventional weapons
  distinguishes it not only as a non-proliferation
  measure but also as an arms control
  measure

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RSA AND THE CCW

• When did RSA get involved in CCW?
• 13 September 1995 RSA deposited its instrument
  of accession to the CCW
• 13 March 1996 RSA became a State Party to the
  CCW

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• RSA role players in CCW
• DIRCO
• Department of Defence and Veteran Affairs
• Civil society, especially on the question of
  mines and ERW

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• Why participate in the CCW?
• CCW contributes in creating a conducive
  environment for stability to prosper
• CCW contributes to the maintenance of
  international peace and security
• CCW is a useful measure in limiting and
  alleviating the suffering caused by excessively
  injurious weapons

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• Forms of RSA participation in CCW
• Promote and protect RSA interests
• National implementation of CCW obligations
• Utilisation of CCW as a platform to advance RSAs
  Foreign Policy objectives on disarmament,
  non-proliferation and arms control
• Promotion of the objectives of CCW iro stability
  and post-conflict reconstruction

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WHAT IS REQUIRED OF PARLIAMENT

• Obtain RSA acceptance/approval of the amendment
  to Article I and consent to be bound by Protocol
  V in order to pave the way towards ratification
  as envisaged in section 231(2) of the
  Constitution of the Republic of South Africa,
  1996
• (Act 108 of 1996)

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THRUST OF AMENDMENTS TO THE CCW

• Amendment to Article 1 of the Framework
  Convention
• To make the CCW applicable to conflicts of a
  non-international nature.
• This is particularly relevant to Africa as so
  many active hostilities in recent decades have
  been internal in nature.

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• Protocol V (Explosive Remnants of War)
• The emphasis is on post-conflict remedial
  measures.
• Protocol V deals mainly with the clearance,
  removal, disposal and destruction of munitions
  following the cessation of active hostilities
  the retention and transmission of information
  the protection of civilians and humanitarian
  missions, and international co-operation and
  assistance.

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• The technical and preventive measures in Protocol
  V are contained in an Annex whose implementation
  is purely voluntary. The same goes for the
  training of military personnel, which is also
  dealt with in a technical Annex.
• Africa is the most affected continent when it
  comes to explosive remnants of war (e.g.
  landmines, unexploded cluster munitions).

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• In all conferences SA consistently advocates
  necessity of those in a position to do so to take
  their international co-operation and assistance
  obligations seriously.

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IMPLICATIONS

• Recommended action would constitute a significant
  gesture demonstrating South Africas commitment
  to promote international peace and security, to
  limit and alleviate the suffering caused by war
  and armed conflict, and of its responsibility to
  implement humanitarian and arms control policies
  to this end.
• Recommended action would have no organisational
  implications to the structures or capabilities
  required iro the amendment to Article 1 of the
  Treaty and Protocol V.

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IMPLICATIONS- Continued -

• A primary goal of South Africas policy on
  disarmament, non-proliferation and arms control
  is to reinforce and promote SA as a responsible
  producer, possessor and trader of defence related
  products and advanced technologies in the
  nuclear, biological, chemical and missile fields,
  in line with the decision taken by Cabinet in
  August 1994.

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IMPLICATIONS - Continued -

• The recommended action also has no financial
  implication other than the servicing of the
  Meetings of States Parties in Geneva Switzerland
  (conference services and documentation), for
  which South Africas assessed costs is
  approximately USD 1,000 per annum. These costs
  are covered by DIRCO and are already being made
  by the Department, as south Africa attends this
  meeting as an observer.