Statement by Ambassador SG Nene at the Second CCW Review Conference, 2001

STATEMENT BY AMBASSADOR SG NENE, SOUTH AFRICAN PEWRMAMENT REPRESENTATIVE TO THE UNITED NATIONS OFFCE AND OTHER INTERNATIONAL ORGANISATIONS IN GENEVA, AT THE SECOND REVIEW CONFERENCE OF THE CCW, GENEVA, 11 DECEMBER 2001

Mr President,

Allow me to echo the congratulations of other delegations at your election to the Presidency of the Second Review Conference of the High Contracting Parties to the Certain Conventional Weapons Convention (CCW) and to assure you of the full co- operation of my delegation.

The transparent and inclusive manner in which you undertook your work during the Preparatory Committee meetings has provided the foundation for the successful conclusion of this important Review Conference.

I would also like to extend my delegation's congratulations to the other officers of the Conference on their appointment and to assure them of our full co-operation in the various tasks that they have to perform.

Mr President,

South Africa's accession to the CCW emphasises our commitment to promote international peace and security, to limit and alleviate the suffering caused by war and armed conflict, and of our own responsibility to implement humanitarian and arms control policies to this end.

The growing number of States Parties reflects the continued importance of the CCW as a valuable instrument of international humanitarian and disarmament law that contribute to the protection of civilians against the effects of hostilities.

However, at the conclusion of the First Review Conference in May 1996 only 57 States had ratified or acceded to the CCW. Today, 18 years after entry into force of the CCW there are only 88 States Parties. Although this increase in the number of States Parties is a positive trend the promotion of the universality of the CCW remains an issue that should be addressed as the highest priority at this Review Conference.

South Africa believes that the absence of regular meetings of States Parties since entry into force of the CCW in 1983 until the First Review Conference in October 1995 created a climate of near obscurity of the CCW thereby contributing to its restricted impact.

South Africa is convinced that the annual meetings of States Parties to Amended Protocol II should be strengthened to include regular meetings of States Parties of the CCW and a decision to this effect should be taken at this Review Conference. Such mechanism of regular meetings would foster closer co- operation and consultation among States Parties and contribute to enhancing the CCW's universality.

Mr President,

The achievements of the First Review Conference were significant. Broadening the scope of Protocol II was important so as to include conflicts not of an international character as well as the clear responsibility to mark and remove mined areas. The adoption of a new Protocol IV on Blinding Laser Weapons was also a positive achievement.

The First Review Conference was held in the context of widespread concern by the international community about the continued civilian casualties caused by landmines, in particular anti-personnel mines. The CCW was at that time the only international instrument that dealt with these mines. The main emphasis of that Conference was therefore placed on further restricting the use of especially anti- personnel mines.

The Second Review Conference of the CCW is held at a time where the CCW is no longer the sole international instrument that deals with conventional weapons deemed to be excessively injurious or to have indiscriminate effects. Due to the failure to agree to a ban on anti-personnel mines in the context of the CCW, a new international norm has been established on anti-personnel mines in terms of the Mine Ban Treaty with 122 States that have formally ratified or acceded to this Convention.

This Review Conference cannot escape the reality that the international focus on anti-personnel mines has shifted from the CCW to the Mine Ban Treaty with the emphasis on banning and eliminating this scourge. The importance of the CCW for anti- personnel mines is that it has become the transit route for those States not yet in a position to ban these mines.

The CCW and the Mine Ban Treaty are not mutually exclusive to each other. Both Conventions have as their purpose the codification of measures on these weapons, either by totally prohibiting a specific weapon or by regulating their use.

However, the CCW goes beyond the realm of focusing on one specific weapon and provides a powerful instrument for international humanitarian and disarmament law to further regulate or prohibit the use of other conventional weapons.

It is our firm belief that the ultimate objective of the international community should be universal adherence to a prohibition on anti-personnel mines and universal adherence to the CCW and its annexed Protocols.

Mr President,

The active participation of all delegations in the preparatory phase for this Review Conference, guided by your leadership as well as the diligent work of the Friends of the Chair, have provided us with a clear indication of the possible outcome of this Conference.

Permit me to express our appreciation towards those delegations that have made proposals to be considered at this Review Conference and their efforts to accommodate concerns that we have with some of the proposals. We believe that all proposals should be seriously considered on an equal basis by all delegations.

Regarding some specific proposals, South Africa supports the proposal that the framework Convention be amended to permit its scope of application to be extended to also cover conflicts that are not of an international character. This change in the framework Convention should also apply to the present Protocols of the CCW. Furthermore, it should also apply to future Protocols unless specifically excluded by the States Parties to the CCW.

We also support work on explosive remnants of war in an expert group format. This Group of Governmental Experts should consider all appropriate measures and proposals on this issue and report to a meeting of States Parties. Such a meeting could then take a decision on negotiating a legally binding instrument on explosive remnants of war.

At the First Review Conference South Africa supported efforts to establish a mechanism to

facilitate the clarification of issues related to the implementation of the CCW. After difficult and protracted negotiations, such a mechanism based on the principle of consultation, co-operation and clarification was agreed to at that Conference but made applicable to Amended Protocol II only.

We continue to believe that the best way to enhance the effective implementation of the Convention and its annexed Protocols is a mechanism similar to what was agreed to for Amended Protocol II. South Africa has therefore circulated a working paper at the Third Preparatory Committee meeting proposing that the framework Convention be amended to adopt two additional Articles on consultations of States Parties and compliance. This proposal is an amended version of Articles 13 and 14 of Amended Protocol II.

Mr President,

South Africa shares the concern about civilian casualties caused by so-called anti-vehicle mines and agrees that a renewed focus should be placed on these mines to address the humanitarian concerns and to ensure that they do not act as anti-personnel mines. However, we should bear in mind that most civilian related landmine casualties continue to be caused by anti-personnel mines and therefore the only solution to this problem is to immediately ban these mines.

We have noted the view of the International Campaign to Ban Landmines (ICBL) that although requirements such as detectability for all anti-vehicle mines and self-destruct / self-deactivation mechanisms on remotely delivered anti-vehicle mines could have a positive effect and are desirable achievements, their impact would be limited. The ICBL and the International Committee of the Red Cross (ICRC) have further identified the problem of mines with sensitive fuses or anti-handling devices that cause the mine to function as an anti-personnel mine.

South Africa would support a process of in-depth technical discussions on mines other than anti-personnel mines to include issues such as detectability, self-destruction devices, sensitive fuses, tilt-rods and anti-handling devices. The aim of these discussions within a possible expert group format could be to recommend options on strengthening restrictions on the use of mine other than anti-personnel mines.

In conclusion, Mr President,

The South African delegation is ready to work with you and all delegations in a constructive and positive manner and we should all display the necessary flexibility to enable the ability to influence positions to the benefit of the success of the Review Conference.

I thank you, Mr President.