A Primer on WMD
Curbing WMD Proliferation
 

The BWC New Process & Sixth Review Conference

 
 
Produced by the Monterey Institute's Center for Nonproliferation Studies
Updated February 2007

The Reconvened BWC Fifth Review Conference: Agreement on a New Meeting

When the BWC Fifth Review Conference reconvened with 94 participating states parties on November 11, 2002, Chairman Tibor Tóth offered a new proposal designed to close the gap between the United States and other BWC members. Tóth stated that the proposal was non-negotiable: either the parties adopted it “as is” or rejected it and halted all collective work on the BWC until the 2006 Review Conference.  To avoid a confrontation with the United States, Tóth did not revive the Ad Hoc Group or the BWC Protocol; instead he presented a plan for annual one-week meetings on specific topics to be held each year before the Sixth Review Conference in 2006. After four days of intense discussions, the states parties unanimously adopted Tóth’s proposal. They agreed to hold three annual meetings, preceded by meetings of experts, to “discuss and promote common understanding and effective action” on listed topics.

The BWC "New Process" Meetings

From November 10-14, 2003, 92 BWC member states, along with several non-member states and non-governmental organizations, met in Geneva to discuss (1) the adoption of national measures, including criminal laws, to implement the prohibitions set forth in the BWC and (2) national mechanisms to maintain the security and oversight of pathogens. This meeting was preceded by a preparatory meeting of experts attended by more than 400 individuals from 83 countries.  At the November meeting, several states contended that the expert group information should be refined into a set of voluntary guidelines for criminal laws and biosecurity regulations, which could be used to help member states implement the BWC uniformly. In their final report on the meeting, the states parties agreed:

1. To review, and where necessary, enact or update national legal measures to ensure effective implementation of the BWC prohibitions and to enhance effective security of pathogens and toxins.

2. States parties may wish to provide legal and technical help to others who request it in drafting and/or expanding their own legislation and controls in the areas of national implementation and biosecurity.

3. There is a need for comprehensive and concrete national measures to secure pathogen collections and control their use for peaceful purposes. Measures should be adopted which will ensure that such dangerous materials are not accessible to persons who might misuse them.

While the participating states agreed on the importance of national measures to implement the BWC, they did little beyond urging members to adopt such legislation. They did not produce recommendations or guidelines for drafting such laws and regulations.

In December 2004, BWC parties held an annual meeting in Geneva and considered: (1) ways to improve international capabilities for investigating and mitigating alleged us of biological weapons or suspicious outbreaks of disease, and (2) ways to strengthen national and international efforts to detect and combat infectious diseases in humans, plants, and animals. While the parties issued a Possible Outcome Paper agreeing on the value of improving disease surveillance and developing national measures, they made no commitments or recommendations. The parties agreed on the value of supporting existing networks of international organizations charged with discovering and combating infections diseases; improving national and regional disease surveillance capabilities; and working to improve communications between all these organizations. They also agreed on the value of states developing their own BW response and mitigation capacities. 

At the third annual meeting in June 2005, experts discussed the development and adoption of codes of conduct for scientists. The experts agreed that codes of conduct should support the central tenets of the BWC, while maintaining a balance between scientific freedom and the need to prevent the misuse of science for biological weapons purposes. In their December 2005 meeting, 87 states-parties to the BWC agreed to encourage voluntary codes of conduct for scientists. However, they recognized that developing such guidelines would be complicated given all of the fields relevant to the BWC, such as microbiology, zoology, and genetic engineering. 

The Sixth Review Conference

The BWC Sixth Review Conference met in Geneva, Switzerland, from November 20-December 8, 2006. The conference, with 103 of the BWC's 156 states parties participating, adopted by consensus a Final Document, which reviewed the operation of the BWC. The parties endorsed the final documents from the annual meetings of states parties from 2003-2005, and agreed to continue holding annual meetings of experts and states parties over the next four years to discuss a range of topics  prior to the Seventh Review Conference in 2011. They also established an implementation support unit, and agreed to receive and distribute confidence building measures to/from parties. Most analysts consider the conference only a modest success, however, because it did not resolve the controversial issues of national implementation measures, verification, and compliance.   

 

Further Reading:
The Nonproliferation Review, Jonathan Tucker, "The BWC New Process: A Preliminary Assessment" 

University of Bradford, The Biological and Toxin Weapons Convention

Arms Control Today, Nicholas Sims, "Back to Basics: Steering Constructive Evolution of the BWC"

Disarmament Diplomacy, Jonathan Tucker, "Strengthening the BWC: A Way Forward"

BioWeapons Prevention Project website
UN Press Release, "Biological Weapons Convention Expert Meeting Concludes"
Disarmament Diplomacy, Daniel Feakes, "Practical Steps for Accelerating BWC Universality"
Disarmament Diplomacy, Nicholas Sims, "Toward the BWC Review Conference: Diplomacy Still in the Doldrums"
UN Office of Geneva, The Sixth Review Conference of the Biological Weapons Convention
CNS, "The Sixth Conference of the Biological Weapons Convention: Success or Failure?" (Interview with Jonathan Tucker)


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This material is produced independently for NTI by the James Martin Center for Nonproliferation Studies at the Monterey Institute of International Studies and does not necessarily reflect the opinions of and has not been independently verified by NTI or its directors, officers, employees, agents. Copyright © 2004 by MIIS.

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