CONSIDERATION OF THE INTERNATIONAL AGREEMENTS TABLED

1. CONSIDERATION OF THE INTERNATIONAL AGREEMENTS TABLED AMENDMENTS TO THE CERTAIN CONVENTIONAL WEAPONS CONVENTION (CCW)

2. 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

3. 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)

4. 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)

5. 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 CCW’s 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

6. 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

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

8. 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

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

10. 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)

11. 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.

12. 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.

13. 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).

14. 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.

15. IMPLICATIONS • Recommended action would constitute a significant gesture demonstrating South Africa’s 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.

16. IMPLICATIONS- Continued - • A primary goal of South Africa’s 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.

17. 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 Africa’s 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.