Disarmament and Non-proliferation of Weapons of Mass-destruction (WMD)

1/20/2016 Wednesday, January 20, 2016

COMPREHENSIVE TEST BAN TREATY OF NUCLEAR WEAPONS

Background

Comprehensive Test Ban Treaty of Nuclear Weapons (Comprehensive Nuclear Test-Ban Treaty / CTBT) is a treaty banning all kinds of nuclear tests using methods explosion. CTBT was opened for signature since September 1996. As of January 2016, 183 countries have signed the CTBT and 164 have ratified. Until now, the CTBT has not entered into force because there are 8 of Annex II states that have not ratified. Calls for countries in Annex II to immediately sign and ratify the CTBT continue to be pursued in various multilateral forums, both within and outside the NPT framework of the NPT. Although not yet in force, the CTBT has had a nuclear explosion verification mechanism has managed to detect North Korea's nuclear test in 2006, 2009, and 2013. Verification is done through data obtained from the technology CTBT monitoring system.

To support the implementation of the CTBT, Comprehensive Nuclear-Test-Ban Treaty Organization / CTBTO has been established with the aims to: 1) setting up preparations for effective implementation of the CTBT; 2) preparing the first session of the Conference of States Parties to the CTBT; and 3) to address inquiries on the adherence (compliance) of the CTBT. The Secretariat also serves as a forum for consultation and cooperation among the states parties. Considering that the CTBT has not entered into force, the CTBTO is therefore by itself serving as the Preparatory Commission (Prepcom) to the CTBT.

Applications of data verification and technology owned by the CTBTO have entered a new phase since the devastating Tsunami in December 2004 in Indonesia. The usefulness of the data verification application and the technology can be expanded, not only detect the presence of nuclear weapons testing, but also for the purpose of detecting natural disasters.

Indonesia's Position

Indonesia has no desire to develop either nuclear weapons or conducting nuclear tests. Indonesia therefore supports the efforts of the international community to achieve universality of the CTBT as undisputable evidence of the collective desire of the international community to regulate the use, and to finally have the total elimination of, nuclear weapons.

In that regard, Indonesia has ratified the Treaty on 6 February 2012. The ratification is a form of Indonesia's contribution in maintaining world order based on freedom, lasting peace and social justice in accordance with the mandate of the 1945 Constitution.

Indonesia recognizes the virtue of CTBT in preventing the proliferation of nuclear weapons. In spite of CTBT's current legal gap on computer-based nuclear detonation simulation techniques, Indonesia believes that CTBT remain essentially beneficial to strengthen the regime of non nuclear-proliferation. Furthermore, Indonesia considers that the detection system of the CTBT nuclear test may also be used for detection of natural disasters such as earthquakes. In this regard, Indonesia has registered six national seismic stations as an auxiliary seismic station on the CTBT.

As a concrete manifestation of Indonesia's strong commitment and support for CTBT, Indonesia, together with Hungary, has assumed the Co-Chairmanship of Article XIV Conference on CTBT for the period 2013 - 2015. As Co-Chairs, Indonesia and Hungary had the obligation to promote the CTBT in various international and regional meetings, in particular, to promote the entry into force and universalization of the CTBT.

 

CLUSTER MUNITIONS CONVENTION

Background

Convention on Cluster Munitions (CCM) has been agreed on May 30, 2008 in Dublin, Ireland, and was opened for signature in December 2008. The CCM has entered into force on August 1, 2010. As of the month October 2015, 118 countries have joined the CCM, with 108 States parties, and the 20 signatory countries.

The convention essentially prohibits the use, manufacture, transfer and ownership of Cluster Munitions (CM) whose use has inflicted suffering to the civilian population. In addition, several articles in the CCM also specifically regulate such issues as assistance to victims, clearance of contaminated areas and destruction of CM reserves (stockpiles).

The Convention on Cluster Munitions is produced through a negotiation process based on the full partnership between governments, international organizations and civil society are jointly looked cluster munitions as weapons are inhumane and indiscriminate, so it needs to be immediately banned.

Indonesia's Position

The Government of Indonesia has signed the CCM in CCM Signing Conference in Oslo, on 2-3 December 2008. Indonesia is one of the first 94 countries that signed the CCM.

Indonesia, in principle, is of the view that the use of CM is not in accordance with the humanitarian principles and threatening the civilian population with a prolonged unnecessary sufferings. Therefore, Indonesia fully supported the multilateral process which prohibits the use of CM through the "Oslo Process".


DISARMAMENT AND NON-PROLIFERATION OF BIOLOGICAL WEAPONS

Background

The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Biological Weapons Convention / BWC) is an international treaty in the field of arms control which prohibits the production, stockpiling, and use of biological weapons. The Convention entered into force on March 26, 1975.

As of January 2016, there were 171 countries party to, and 110 countries signatories to, the BWC.

The BWC is not equipped with a verification system for monitoring the compliance of States Parties to the provisions contained therein. The process of negotiating a binding verification protocol took place between 1995 to 2001. Efforts to establish a verification protocol within the BWC has hitherto faced serious obstacles, primarily due to the position of the United States that essentially rejects the establishment of the protocol for an international verification regime.

At the 6th Review Conference in 2006, states parties to agree on a final document that contains, among others: the establishment Implementation Support Unit (ISU); inter-sessional Programme 2007-2010; increasing participation of the state in the declaration Confidence Building Measures; and Promotion of universalization. 6th Review Conference is considered by states parties as historic achievement because it managed to agree on the establishment of the ISU to provide administrative support and conducting works associated with CBM.

On the 7th Review Conference in 2011 states parties to agree on a final document that contains, among others: the final declaration commits states parties to implement and encourage the universalization of KSB, inter-sessional program for the period 2012-2015.

Indonesia's Position

The Government of Indonesia has ratified the BWC through Presidential Decree No. 58 in 1999 and is currently preparing a Draft Law on the Implementation of the BWC.

Indonesia considers that the three pillars (disarmament, nonproliferation and international cooperation for the peaceful use) of the BWC must be implemented in a balanced manner. As in other disarmament forums, there is a tendency in which the developed countries emphasize aspects of disarmament and nonproliferation, while diminuting the aspect of international cooperation for the use of biological agents for peaceful purposes.

Indonesia believes that a mechanism for the verification of compliance of state parties in implementing the obligations in KSB is something that is needed and should be on disarmament conventions such as the NPT and CWC.

Indonesia supports strengthening of the BWC, either by making CBM declarations, to participate actively in the intersessional program (meeting of States parties and meetings of experts), international cooperation (seminars and workshops related to the topic of the annual intersessional program) and universalization KSB.

Indonesia is currently preparing a draft law that would incorporate biological security related provisions as part of the BWC implementation, and also incorporates the implementation of agreements in the WHO International Health Regulations and the Pandemic Influenza Preparedness Framework.


DISARMAMENT AND NON-PROLIFERATION OF CHEMICAL WEAPONS

Chemical Weapons Convention (Chemical Weapons Convention / CWC) is an international treaty in the field of arms control which prohibits the production, stockpiling and use of chemical weapons. CWC entered into force on April 29 1997. Administrative support for CWC implementation is done by the Organization for the Prohibition of Chemical Weapons (OPCW), an independent organization not under the United Nations system. Until now there are 190 States Parties to the CWC.

On 19 February 2008, the Parliament had ratified the CWC Implementation Act (Act No. 9 of 2008 on the Use of Chemicals and Prohibition of Use of Chemicals as the Chemical Weapons). The law serves as the implementation of the CWC at the national level, indispensable part in confidence building measure, as well as guaranteeing the freedom of trade in type of chemicals under CWC coverage, and to avoid the restrictive regime of ad-hoc oversight export.

In the CWC Implementation Act, Indonesia has included sanctions including the criminalization of the abuse of chemicals listed, including extra-territorial conditionality required by the CWC.

Indonesia's Position

The Indonesian Government considers the CWC as an example of multilaterally-agreed framework in dismantling weapons of mass destruction and is a model of export-import control regime which both agreed multilaterally. CWC has three important pillars namely: the destruction of chemical weapons that still exist in accordance with the timeline specified; continued improvement of the nonproliferation of chemical weapons by OPCW and States Parties, such as through a verification mechanism; and lastly, the guarantee of international cooperation and assistance (ICA).

In connection to the destruction of chemical weapons, Indonesia considers that the main objective of CWC is the total destruction of chemical weapons, especially to countries in possession of chemical weapons. Therefore, Indonesia would gravely concern if the implementation of the destruction of chemical weapons is proven to be slow-paced, and incompatible with the stages of elimination within the agreed predetermined timeframe. Destruction of chemical weapons should always be the main priority of the OPCW.


CONVENTION ON THE PROHIBITION OF ANTI-PERSONNEL LAND MINES

Background

Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction / Convention on Prohibition of the Use, Stockpiling, Production and Transfer Landmine Anti Personnel (APLC/APMBC) and Destruction is an international instrument that prohibits AP Land Mine thoroughly. This convention is also commonly referred to as the Ottawa Convention or Mine Ban Treaty.

Approved at the Ottawa Convention on the Prohibition of the Diplomatic Conference in Oslo on Comprehensive APLC/APMBC dated 18 September 1997. In accordance with article 15, the Convention was opened for signature in Ottawa, Canada, for all countries starting on December 3, 1997 until December 4, 1997 and continues to open since then at UN Headquarters in New York to come into force. Until January 2016, 133 countries have signed the Convention and as many as 162 countries have become States Parties.

Indonesia's Position

The Government of Indonesia recognizes of the importance of the APLC/APMBC and has played an active role in both the APLC/APMBC meetings in Geneva, national implementation (destruction of mines), as well as efforts to encourage the universalization of the Convention in the Asia Pacific region. The Government of Indonesia considers it important Second Review Conference in Cartagena that will determine the steps to strengthen implementation of the Convention in the future.

Indonesia has signed the Ottawa Convention on 4 December 1997 and ratified it on February 16, 2007 through Law No. 20 in 2006. The instrument of ratification has been submitted to the UN Secretary General on 1 August 2007. With the deposit of instruments of ratification of the Ottawa Convention entered into force for Indonesia on August 1, 2007.

The obligations in the Convention include: reporting of total anti-personnel landmines currently in the warehouse (stockpile) and number / total minefield; stating the desired number of mines stored or maintained for the purpose of education and training; destroying stockpiles; making national legislation to ban the use, stockpiling, production or transfer of landmines which include criminal sanctions.

As a state party, Indonesia has the obligation to submit the first report under Article 7 of the Ottawa Convention within 180 days after the Convention enters into force for Indonesia. Indonesia has submitted its first report (initial report) implementation of the Ottawa Convention Indonesia in January 2008. Under the Ottawa Convention, the deadline for the destruction of backup APLC/APMBC Indonesia is August 1, 2011 the 4 years since the Convention entered into force for Indonesia. At the end of 2008, three years ahead of the deadline given, Indonesia has carried out its obligations to destroy their stockpiles in three stages, as many as 11.603 AP Land Mine stored in reserves throughout Indonesia. In accordance to its right in under Ottawa Convention, Indonesia retains 1.640 AP Land Mine for training purposes. Training for identifying, detecting and destroying AP Land Mines is highly important and relevant to Indonesia, which has been very active in various UN peacekeeping operations.


NUCLEAR NON-PROLIFERATION TREATY (NPT)

Background

Although it is widely recognized that nuclear weapons is a major threat to the existence of mankind, there has been no treaties or multilateral arrangements for a total ban on possession, production, use and transfer of nuclear weapons. The only international legal text concerning the nuclear weapons has so far been the Nuclear Non-Proliferation Treaty (NPT). Nuclear Nonproliferation Treaty (NPT) is an agreement signed on July 1, 1968 aimed at restricting the possession of nuclear weapons. where there are three main pillars related commitments nuclear disarmament, non-proliferation and use of nuclear materials for peaceful purposes. There are 189 sovereign states that are parties to the NPT and are divided into two categories: nuclear states (Nuclear Weapon States / NWS) and the countries of non-nuclear (Non-Nuclear Weapon States / NNWS). NPT essentially a commitment of five NWS country to achieve general and complete disarmament, and the commitment of countries NNWS not to develop or acquire weapons of nuklir.Selain the NPT also affirmed to protect the right of all States parties to develop peaceful nuclear.

Since came into force in 1970, the NPT which has 189 state parties are considered to have successfully become a cornerstone of global security.

NPT has actually mandated the preparation of a treaty for a total ban on nuclear weapons discussion of the treaty, which is known as the Nuclear Weapon Convention, has started in the Conference on Disarmament (CD) in Geneva in 1996. The treaty will set a total ban on possession, production, use, and the transfer of nuclear weapons.

In the process, since the NPT was extended indefinitely (indefinite extension) in 1995, there were concessions given by states NWS to NNWS countries known as the mechanisms Strengthened Review Process (SRP). This mechanism is contained in Decision 1 of the Convention NPT Review and Extension Conference (NPTREC) in 1995 and later strengthened by an agreement entitled "Improving the Effectiveness of the Strengthened Review Process for the NPT" which is the result of the 2000 NPT ReVCon Assembly.

According to the provisions in the Treaty, all States Parties Review Conference meets every five years with the aim to assess the implementation of the various provisions contained in the NPT at a time agreed on things that need to be done in the future to strengthen the NPT.

Entering the year 2009, along with the change of administration in the US, there has been an atmosphere more conducive to the advancement of the discussion of the issue of nuclear disarmament. Positive developments seen in the Third PrepCom 2010 NPT Review Conference held in May 2009 in New York who managed to agree on the agenda for the NPT Review Conference 2010. Furthermore, the UNDC session in 2009, although not produced substantive reports, but felt the change of mood in the discussion among others influenced by the joint statement of President Obama and Medvedev "To Achieving A Nuclear Free World" at the beginning of April 2009. Compared to the previous year, the discussion in the session progressed because each delegation began to be moved to address the substance, particularly on the issue of nuclear disarmament.

 In 2010, the various changes that have occurred since 2009 in the top has a positive influence on multilateral diplomacy in the field of disarmament. This, among others, can be seen from the success of the 2010 NPT Review Conference Session that has been going on on 3-28 May 2010 at UN Headquarters, New York, USA, where the entire delegation has managed to agree the Final Document related to efforts will be done in strengthening the regime of non-proliferation and nuclear disarmament under the NPT. This is very different from the situation that occurred in the 2005 NPT Review Conference, in which the delegation failed to reach any substantive agreement.

Session "2015 Review Conference of the Parties to the Nuclear Non-Proliferation Treaty" (NPT ReVCon) took place in New York on 27 April-22 May 2015 NPT ReVCon is a forum for all States Parties to the NPT to conduct a review of the implementation conditions of the provisions of the NPT Treaty, as well as assess the compliance of all countries party to such provisions. It is unfortunate that the NPT RevCon in 2015 was not concluded without achieving substantive agreement.

Indonesia still carry out its role as a bridge builder to bridge the various groups of differing views on issues of disarmament and non-proliferation. Such role may be properly played by Indonesia thanks to the recognition of the UN member states on the position of Indonesia that are considered moderate, just and sensible, as well as Indonesia's commitments to the principles of multilateralism. In fact, Indonesia has infrequently engaged by nuclear key players to relate with other developing countries considered by many as hardlin states.

Indonesia's Position

Indonesia's diplomacy in this issue are directed to the total destruction of nuclear weapons. Therefore, the position of Indonesia, together with the Non-Aligned Movement (NAM), in a range of nuclear-related discussions geared towards this goal. Indonesia always assume a supportive stance on the efforts of the international community to promote non-proliferation and nuclear disarmament. In this regard, Indonesia stressed the importance of multilateralism as a "core principle" in negotiations on non-proliferation and disarmament, and insists that achievement of the goals of non-proliferation and disarmament should be taken in ways that "lawful" under applicable international law and in under the framework of the United Nations.

Since 1994 Indonesia is the Coordinator of the Working Group (WG) Disarmament NAM. As Coordinator of the Working Group, Indonesia has been coordinating the joint position of the NAM countries in various forums and mechanism of disarmament within the UN system, most primarily in Committee I, the United Nations on Disarmament Commission (UNDC) and the Conference on Disarmament (CD) and other multilateral forums. Indonesia believes that the issue of nuclear disarmament and non-proliferation should be addressed through an agreed multilateral framework.

With regards to the three pillars of the NPT, Indonesia believes that they should be applied in a balanced, transparent and comprehensive manner. Indonesia assume that the NPT has been able to prevent horizontal proliferation of nuclear weapons, but has not fully succeeded in preventing vertical proliferation from the NWS to NNWS. Therefore, Indonesia urges all state parties to the NPT , including nuclear states, to honor their commitments not to develop nuclear weapons, both vertically and horizontally.

Regarding disarmament, Indonesia has always stressed the urgency for nuclear states to fulfill its commitment to disarm their nuclear weapons as part of the implementation of Article VI of the NPT with a clear and specified time limit. In addition to that, Indonesia views that the nuclear disarmament process should be done in a verifiable, irreversible, and open/transparent.

With regards to non-proliferation, Indonesia views the urgent need to maintain NPT as a top priority, and urged countries that have not become parties to immediately accede to the NPT as non-nuclear states.

Regarding the use of nuclear energy for peaceful purposes, Indonesia envisages the maintenance and free exercise of the rights of every country to utilize nuclear energy for peaceful purposes as provided for in Article IV of the NPT.

As a developing country, Indonesia continues to fight for recognition of the right of countries to develop nuclear energy for peaceful purposes, and calls upon parties to not misinterprete such intention as a nuclear proliferation. Indonesia has become a state party to the NPT, the Convention on the Physical Protection of Nuclear Material (CPPNM) and its Amendment, the Convention on Nuclear Safety, the Comprehensive Nuclear Test Ban Treaty (CTBT), and the IAEA Additional Protocol.

Indonesia has also participated actively at the meetings under the Nuclear Security Summit (NSS). During NSS II in Seoul 2012, the President was present as chairman of the delegation. During the meeting, Indonesia has proposed the initiative drafting National Legislation Implementation Kit on Nuclear Security (NLIK). This initiative is a model legislation to facilitate the countries preparing legislation related to nuclear security, including the implementation of important treaties, among others, the CTBT, CPPNM, as well as the provisions of the IAEA. In using a model of this legislation, each state may custom tailor their legal framework in accordance to their needs and domestic legal system.

During the NSS III in The Hague on March 2014, the Vice President was present as chairman of the delegation. During the meeting, Indonesia's proposed a model legislation in the field of nuclear safety. Such proposal was welcomed and supported by 29 participating countries, and reflected in UN Joint Statement on NLIK. In addition, paragraph 11 of The Hague Communique as the final document of the NSS III also specifically mentioned the importance of drafting the model legislation as part of efforts to strengthen the national legislation in the field of nuclear security.