Advance Version. Final Document of the Fourth Review Conference. CCW Fourth Review Conference. Geneva, November Part I

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1 CCW Fourth Review Conference Advance Version Final Document of the Fourth Review Conference Geneva, November 2011 Part I Report of the Fourth Review Conference GE.

2 Advance Version Final Document (Part I): Report of the Fourth Review Conference Contents Part I. Report of the Fourth Review Conference Chapter Paragraphs Page I. Introduction II. Organization of the Fourth Review Conference III. Work of the Fourth Review Conference IV. Decisions and Recommendations of the Fourth Review Conference Annexes I. Agenda of the Fourth Review Conference... 8 II. Programme of Work of the Fourth Review Conference III. High Contracting Parties to the Convention and its annexed s (including those which have consented to be bound by the following s) V. List of documents Part II. Final Declaration Annexes I. An Accelerated Plan of Action on Universalization of the Convention and its annexed s. 12 II. CCW Sponsorship Programme III. Enhancing the implementation of the compliance mechanism for the Convention and its annexed s

3 Advance Version Final Document (Part I) Report of the Fourth Review Conference I. Introduction 1. The First Review Conference of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) agreed, inter alia, that future review conferences should be held more frequently, with consideration to be given to holding a review conference every five years. (CCW/CONF.I/16, Part I, Annex III, Final Declaration, Article 8). 2. The Second Review Conference of the High Contracting Parties to the Convention agreed, inter alia, that future review conferences should continue to be held on a regular basis. In this connection, the Conference decided, consistent with Article 8.3 (c) of the Convention, to convene a further Conference five years following the entry into force of the amendments adopted at the Second Review Conference, but in any case not later than 2006, with preparatory meetings starting as early as 2005, if necessary. (CCW/CONF.II/2, Part II, Final Declaration, Article 8). 3. The Third Review Conference of the High Contracting Parties to the Convention [ ] recalled their agreement reached by the Second Review Conference in 2001 in reviewing Article 8 of the Convention. (CCW/CONF.III/11, Part II, Article 8). 4. Following the decision of the Third Review Conference, the 2009 Meeting of the High Contracting Parties decided, as contained in paragraph 38 of CCW/MSP/2009/5, that the Fourth Review Conference of the High Contracting Parties to the Convention would take place in The Meeting also decided that the Chairperson-designate of the 2010 Meeting of the High Contracting Parties should undertake consultations during the intersessional period on the preparation of the Fourth Review Conference and shall report to the next Meeting of the High Contracting Parties. 5. At its sixty-fifth session, the General Assembly of the United Nations welcomed the decision by the 2009 Meeting of the High Contracting Parties to the Convention that the Fourth Review Conference of the High Contracting Parties to the Convention would take place in 2011 and that the Chair-designate of the 2010 Meeting of the High Contracting Parties to the Convention should undertake consultations during the intersessional period on the preparation of the Fourth Review Conference. (Resolution A/RES/65/89, operative paragraph 7). 6. The 2010 Meeting of the High Contracting Parties to the Convention decided, as contained in paragraph 36 of CCW/MSP/2010/5, to convene the Fourth Review Conference of the High Contracting Parties to the Convention from 14 to 25 November 2011 in Geneva. 7. The 2010 Meeting of the High Contracting Parties decided, as contained in paragraph 35 of CCW/MSP/2010/5, that: The Group of Governmental Experts (GGE) will meet from 21 to 25 February, from 28 March to 1 April and from 22 to 26 August The GGE will conduct preparatory work for the Fourth Review Conference under the overall responsibility of the President Designate. The GGE will continue its negotiations informed by the Chair s Text 1 on a draft protocol on cluster munitions, and taking into account other past, present and future 1 Document CCW/GGE/2010-II/WP.2. 3

4 Advance Version Final Document (Part I): Report of the Fourth Review Conference proposals by delegations, with a view to making a recommendation for consideration by the Fourth Review Conference, to address urgently the humanitarian impact of cluster munitions, while striking a balance between military and humanitarian considerations. The work of the GGE will be supported by experts on relevant issues. The GGE will report to the Fourth Review Conference. 8. The Group of Governmental Experts decided, as contained in paragraph 17 of CCW/GGE/2011-I/4, to recommend for adoption by the Fourth Review Conference the Provisional Agenda of the Fourth Review Conference, as contained in CCW/GGE/2010- II/INF.1, and the Draft Rules of Procedure of the Fourth Review Conference of the High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, as contained in CCW/GGE/2011-I/3. II. Organization of the Fourth Review Conference 9. The Fourth Review Conference was held in Geneva from 14 to 25 November On 14 November 2011, the Conference was opened by Mr. Jarmo Sareva, Director, United Nations Office for Disarmament Affairs, Geneva Branch. 11. At its first plenary meeting, on 14 November 2011, the Conference confirmed the nomination of Ambassador Gancho Ganev of Bulgaria as President of the Fourth Review Conference. 12. At the same plenary meeting, the Conference adopted its Agenda as recommended by the Group of Governmental Experts (CCW/CONF.IV/1). 13. At the same plenary meeting, the Conference adopted the Rules of Procedure, as recommended by the Group of Governmental Experts (CCW/CONF.IV/2). 14. At the same plenary meeting, the Conference confirmed the nomination of Mr. Bantan Nugroho, Head of the CCW Implementation Support Unit (ISU), as Secretary- General of the Conference. 15. At the same plenary meeting, the Conference adopted the Programme of Work (CCW/CONF.IV/3) and decided to distribute its work between the two Main Committees as follows: Main Committee I: Review the scope and operation of the Convention and its annexed s; consideration of any proposal for the Convention and its existing s; and preparation and consideration of the final documents; Main Committee II: Consideration of proposals for additional protocols to the Convention. 16. At the same plenary meeting, the Conference, in accordance with its Rules of Procedure, elected 10 Vice-Presidents from the following High Contracting Parties: Australia, Belarus, China, Cuba, Ecuador, Lithuania, The former Yugoslav Republic of Macedonia, Sri Lanka, Switzerland and the United States of America. 17. At the same plenary meeting, the Conference elected the Chairpersons and Vice- Chairpersons of the Credentials Committee, the two Main Committees and the Drafting Committee, as follows: 4

5 Advance Version Final Document (Part I) Report of the Fourth Review Conference COMMITTEES Credentials Committee Chairperson Ms. Tamar Rahamimoff-Honig (Israel) Vice-Chairperson Mr. Amandeep Singh Gill (India) Main Committee I Chairperson Mr. Jesus S. Domingo (Philippines) Vice-Chairperson Mr. Robert Jackson (Ireland) Main Committee II Chairperson Mr. Eric Danon (France) Vice-Chairperson Mr. Arturas Gailiunas (Lithuania) Drafting Committee Chairperson Mr. Fedor Rosocha (Slovakia) Vice-Chairperson Mr. Shen Jian (China) 18. The Conference also appointed, on the proposal of the President, representatives from the following High Contracting Parties as members of the Credentials Committee: Cuba, Germany and Romania. 19. At the same plenary meeting, the Conference received a message from the Secretary-General of the United Nations, Mr. Ban Ki-moon, which was delivered by the Director-General of the United Nations Office at Geneva and Secretary-General of the Conference on Disarmament, Mr. Kassym-Jomart Tokayev. Subsequently, the President of the Fourth Review Conference, Ambassador Gancho Ganev of Bulgaria, submitted the Report of the Group of Governmental Experts for consideration by Main Committee II. 20. The following High Contracting Parties to the Convention participated in the work of the Conference: Albania, Argentina, Australia, Austria, Bangladesh, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, El Salvador, Ecuador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Guinea Bissau, Holy See, Honduras, Iceland, India, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Lao People s Democratic Republic, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Madagascar, Mali, Malta, Mexico, Mongolia, Montenegro, Morocco, Netherlands, New Zealand, Nicaragua, Niger, Norway, Pakistan, Panama, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saudi Arabia, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Togo, Tunisia, Turkey, Ukraine, Uganda, United Arab Emirates, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela (Bolivarian Republic of). 21. The following Signatory States also participated in the work of the Conference: Afghanistan, Egypt, Nigeria, Sudan, and Viet Nam. 22. The following States not parties to the Convention participated as observers: Algeria, Angola, Armenia, Azerbaijan, Bahrain, Burundi, Congo, Democratic Republic of the Congo, Ethiopia, Ghana, Guinea, Haiti, Indonesia, Iraq, Kuwait, Kyrgyzstan, Lebanon, Libya, Malaysia, Mozambique, Namibia, Singapore and Thailand. 23. The representatives of the United Nations Development Programme (UNDP), United Nations Office for Disarmament Affairs (UNODA), United Nations Institute for Disarmament Research (UNIDIR), the United Nations Mine Action Service (UNMAS), Office for the Coordination of Humanitarian Affairs (OCHA) and Office of the High 5

6 Advance Version Final Document (Part I): Report of the Fourth Review Conference Commissioner for Human Rights (OHCHR) as well as the European Union, the Geneva Centre for Humanitarian Demining (GICHD) and the International Committee of the Red Cross (ICRC) participated in the work of the Conference. 24. The representatives of Austrian Network to Ban Landmines and Cluster Munitions (ANBLC), Article 36, Cluster Munition Coalition (Action on Armed Violence, Ban Advocate, Handicap International, Human Rights Watch, Italian Campaign Against Landmines, IKV Pax Christi, Norwegian People s Aid) and Marist International Solidarity Foundation (FMSI) also participated in the work of the Conference. III. Work of the Fourth Review Conference 25. Under the presidency of Ambassador Gancho Ganev of Bulgaria, the Conference held six plenary meetings. 26. On 14 and 15 November 2011, the Conference held a general exchange of views and the following States participated: Argentina, Australia, Austria, Belarus, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China, Colombia, Ecuador, Costa Rica, Croatia, Cuba, Denmark, Estonia, Germany, Ghana, Greece, Guatemala, Holy See, India, Ireland, Israel, Japan, Lao People s Democratic Republic, Lithuania, Malaysia, Mali, Mexico, New Zealand, Nicaragua, Norway, Pakistan, Poland, Peru, Philippines, Qatar, Republic of Korea, Romania, Russian Federation, Slovenia, South Africa, Spain, Switzerland, Togo, Turkey, Ukraine, United Arab Emirates and United States of America. The representatives of the United Nations High Commissioner for Human Rights (on behalf of a number of UN agencies and organizations involved in humanitarian action), United Nations Mine Action Service, International Committee of the Red Cross, Geneva International Centre for Humanitarian Demining, Ban Advocates, Cluster Munition Coalition participated in the exchange of views. 27. Main Committee I held meetings from 16 to 23 November The Chairperson of the Committee, Mr. Jesus S. Domingo, presented its report to the Conference at its plenary meeting on 24 November 2011, as contained in CCW/CONF.IV/MC.I/ Main Committee II held meetings from 15 to 23 November The Chairperson of the Committee, Ambassador Eric Danon of France, presented its report to the Conference at its plenary meeting on 24 November 2011, as contained in CCW/CONF.IV/MC.II/ The Credentials Committee held three meetings on 15, 18 and 23 November The Chairperson of the Committee, Ms. Tamar Rahamimoff-Honig of Israel, presented its report to the Conference at its plenary meeting on 24 November 2011, as contained in CCW/CONF.IV/CC/1/Rev.1. At its final plenary meeting, on 25 November 2011, the Conference approved the report of the Committee and adopted the draft resolution contained therein. 30. The Drafting Committee held meetings from 24 to 25 November The Chairperson of the Committee, Ambassador Fedor Rosocha of Slovakia, presented its report to the Conference at its final plenary meeting on 25 November 2011, as contained in CCW/CONF.IV/DC/1. 6

7 Advance Version Final Document (Part I) Report of the Fourth Review Conference IV. Decisions and Recommendations of the Fourth Review Conference 31. At its final plenary meeting, on 25 November 2011, the Conference adopted the Final Declaration of the Fourth Review Conference, as contained in the Final Document, Part II, and the estimated costs of the Meeting of the High Contracting Parties to the Convention in 2012, as contained in CCW/CONF.IV/L.2 and the open-ended meeting of experts in 2012, as contained in CCW/CONF.IV/L At the same plenary meeting, the Conference decided to designate Mr. Jesus S. Domingo of the Philippines as Chairperson of the Meeting of the High Contracting Parties to the Convention to be held in At its final plenary meeting, the Conference adopted its Final Document, as contained in document CCW/CONF.IV/CRP.2 and CCW/CONF.IV/L.1/Rev.2, as orally amended, which are being issued as documents CCW/CONF.IV/4 and CCW/CONF.IV/4/Add.1. 7

8 Advance Version Final Document (Part I): Report of the Fourth Review Conference Annex I Agenda of the Fourth Review Conference (As adopted at the first plenary meeting on 14 November 2011) 1. Opening of the Fourth Review Conference 2. Confirmation of the nomination of the President-designate 3. Adoption of the agenda 4. Adoption of the rules of procedure 5. Confirmation of the nomination of the Secretary-General of the Conference 6. Organisation of work including that of the subsidiary bodies of the Conference 7. Election of Vice-Presidents of the Review Conference, Chairpersons and Vice- Chairpersons of the main Committees, the Drafting Committee, and the Credentials Committee 8. Appointment of the Credentials Committee 9. Submission of the report of the Group of Governmental Experts General exchange of views 11. Review of the scope and operation of the Convention and its annexed protocols 12. Consideration of any proposal for the Convention and its existing protocols 13. Consideration of proposals for additional protocols to the Convention 14. Report of the Credentials Committee 15. Reports of the Main Committees 16. Report of the Drafting Committee 17. Any other issues 18. Consideration and adoption of the final documents 2 Acting as the Preparatory Committee 8

9 Advance Version Final Document (Part I) Report of the Fourth Review Conference Annex II High Contracting Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects and its annexed s (including those which have consented to be bound by the following s) 3 State Party CCW (114) Article 1 4 (75) I 5 (110) II 6 (91) II 7 (97) III 8 (106) IV 9 (100) V 10 (76) Albania Antigua and Barbuda Argentina Australia Austria Bangladesh Belarus Belgium Benin Bolivia (Plurinational State of) Bosnia and Herzegovina Brazil 3 As at 23 November Expanding the scope of application of the Convention to apply to all armed conflicts, including noninternational armed conflicts. 5 on Non-Detectable Fragments. 6 on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices. 7 on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices, as amended on 3 May on Prohibitions or Restrictions on the Use of Incendiary Weapons 9 on Blinding Laser Weapons 10 on Explosive Remnants of War 9

10 Advance Version Final Document (Part I): Report of the Fourth Review Conference State Party CCW (114) Article 1 4 (75) I 5 (110) II 6 (91) II 7 (97) III 8 (106) IV 9 (100) V 10 (76) Bulgaria Burkina Faso Cambodia Cameroon Canada Cape Verde Chile China Colombia Costa Rica Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominican Republic Ecuador El Salvador Estonia Finland France Gabon Georgia Germany Greece Guatemala Guinea-Bissau Holy See 10

11 Advance Version Final Document (Part I) Report of the Fourth Review Conference State Party CCW (114) Article 1 4 (75) I 5 (110) II 6 (91) II 7 (97) III 8 (106) IV 9 (100) V 10 (76) Honduras Hungary Iceland India Ireland Israel Italy Jamaica Japan Jordan Kazakhstan Lao PDR Latvia Lesotho Liberia Liechtenstein Lithuania Luxembourg Madagascar Maldives Mali Malta Mauritius Mexico Monaco Mongolia Montenegro Morocco Nauru 11

12 Advance Version Final Document (Part I): Report of the Fourth Review Conference State Party CCW (114) Article 1 4 (75) I 5 (110) II 6 (91) II 7 (97) III 8 (106) IV 9 (100) V 10 (76) Netherlands New Zealand Nicaragua Niger Norway Pakistan Panama Paraguay Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Romania Russian Federation Saudi Arabia Senegal Serbia Seychelles Sierra Leone Slovakia Slovenia South Africa Spain Sri Lanka St. Vincent and the Grenadines Sweden 12

13 Advance Version Final Document (Part I) Report of the Fourth Review Conference State Party CCW (114) Article 1 4 (75) I 5 (110) II 6 (91) II 7 (97) III 8 (106) IV 9 (100) V 10 (76) Switzerland Tajikistan The former Yugoslav Republic of Macedonia Togo Tunisia Turkey Turkmenistan Uganda Ukraine United Arab Emirates United Kingdom of Great Britain and Northern Ireland United States of America Uruguay Uzbekistan Venezuela (Bolivarian Republic of) States signatories to the Convention: Afghanistan, Egypt, Nigeria, Sudan and Viet Nam. 13

14 Advance Version Final Document (Part I): Report of the Fourth Review Conference Annex III List of documents Symbol CCW/CONF.IV/1 CCW/CONF.IV/2 CCW/CONF.IV/3 CCW/CONF.IV/4 and Add.1 CCW/CONF.IV/5 CCW/CONF.IV/6 CCW/CONF.IV/6/Add.1 CCW/CONF.IV/7 CCW/CONF.IV/8 CCW/CONF.IV/9 CCW/CONF.IV/9/Amend.1 CCW/CONF.IV/9/Rev.1 Title Provisional Agenda Submitted on recommendation by the Group of Governmental Experts of the High Contracting Parties to the Convention Draft Rules of Procedure of the Fourth Review Conference of the States Parties to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects Submitted on recommendation by the Group of Governmental Experts of the High Contracting Parties to the Convention Provisional Programme of Work for the Fourth Review Conference Submitted by the President-designate of the Fourth Review Conference Final Document of the Fourth Review Conference, Part I and Part II The Compliance Mechanism for the CCW and Its s Review and Food for Thought Paper prepared by the CCW Implementation Support Unit at the request of the Presidentdesignate of the Fourth Review Conference Promoting the Universality of the Convention and its Annexed s, Review and Food for Thought Paper Submitted by the CCW Implementation Support Unit Promoting the Universality of the Convention and its Annexed s, Review and Food for Thought Paper Submitted by the CCW Implementation Support Unit Report of the CCW Sponsorship Programme Submitted by the Steering Committee of the Sponsorship Programme Report of the Implementation Support Unit Submitted by the Implementation Support Unit Draft on Cluster Munitions Submitted by the Chairperson of Main Committee II Draft on Cluster Munitions Submitted by the Chairperson of Main Committee II Revised Draft on Cluster Munitions Submitted by the Chairperson of Main Committee II CCW/CONF.IV/WP.1 Draft Decision on the status of the original II Submitted by the Coordinator of II 14

15 Advance Version Final Document (Part I) Report of the Fourth Review Conference CCW/CONF.IV/CC/CRP.1 CCW/CONF.IV/CC/1 CCW/CONF.IV/CC/1/Rev.1 CCW/CONF.IV/MC.I/1 CCW/CONF.IV/MC.I/2 CCW/CONF.IV/MC.I/3 CCW/CONF.IV/MC.I/WP.1 Draft Report of the Credentials Committee Report of the Credentials Committee Report of the Credentials Committee Provisional Agenda of Main Committee I of the Fourth Review Conference Submitted by the President-designate of the Fourth Review Conference Provisional Programme of Work Submitted by the President-designate of the Fourth Review Conference Report of Main Committee I Draft Decision of the High Contracting Parties Regarding the Meetings of the Convention on Certain Conventional Weapons Submitted by Canada CCW/CONF.IV/MC.I/WP.2 Draft Final Document, Part II, Final Declaration Submitted by Argentina, Australia, Germany, Ireland, Poland and Switzerland CCW/CONF.IV/MC.I/WP.2/ Corr.1 [English only] Draft Final Document, Part II, Final Declaration - Corrigendum CCW/CONF.IV/MC.I/INF.1 Mines other than anti-personnel mines (MOTAPM) Submitted by the CCW Implementation Support Unit at the request of the President CCW/CONF.IV/MC.II/1 Provisional Agenda of Main Committee II Submitted by the President-designate CCW/CONF.IV/MC.II/2 Provisional Programme of Work of Main Committee II Submitted by the President-designate CCW/CONF.IV/MC.II/3 CCW/CONF.IV/DC/CRP.1 CCW/CONF.IV/DC/1 CCW/CONF.IV/L.1 CCW/CONF.IV/L.1/Rev.1 CCW/CONF.IV/L.1/Rev.2 CCW/CONF.IV/L.2 Report of Main Committee II Draft Report of the Drafting Committee Report of the Drafting Committee Draft Final Document of the Fourth Review Conference, Part II, Final Declaration Submitted by the Chairperson and Vice-Chairperson of Main Committee I Revised draft Final Document of the Fourth Review Conference, Part II, Final Declaration Submitted by the Chairperson and Vice-Chairperson of Main Committee I Revised draft Final Document of the Fourth Review Conference, Part II, Final Declaration Submitted by the Chairperson and Vice-Chairperson of Main Committee I Estimated costs of the 2012 Meeting of the High Contracting Parties to the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects 15

16 Advance Version Final Document (Part I): Report of the Fourth Review Conference CCW/CONF.IV/L.3 CCW/CONF.IV/CRP.1 CCW/CONF.IV/CRP.2 CCW/CONF.IV/INF.1 [English/French/Spanish only] CCW/CONF.IV/MISC.1 [English/French/Spanish only] Estimated costs of the 2012 Meeting of Experts of the High Contracting Parties to the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects Draft Final Document of the Fourth Review Conference of the High Contracting Parties to the Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects, Part I, Report of the Fourth Review Conference Submitted by the President-designate Draft Final Document, Part I, Draft Report of the Fourth Review Conference Submitted by the President List of participants Provisional List of participants The documents above are available in all official languages through the Official Document System of the United Nations at and the official CCW website as part of the website of the United Nations Office at Geneva at 16