THE COMMITTEE ON HEMISPHERIC SECURITY AND EVENTUALLY THE PERMANENT COUNCIL OF THE ORGANIZATION OF AMERICAN STATES (OAS) AS A VALID FORUM FOR DISCUSSING NUCLEAR SECURITY IN THE AMERICAS. DR. JUAN FRANCISCO FACETTI Secretaria Permanente-Consejo de la Defensa Nacional Asuncion Paraguay jfacetti@ing.una.py SEN.LUIS ALBERTO CASTIGLIONI Honorable Camara de Senadores Asuncion Paraguay. ALM.(R.) CIBARBENITEZ Secretaria Permanente-Consejo de la Defensa Nacional Asuncion Paraguay ABSTRACT This article analyze the importance and role of the Organization of American States (OAS), as a Hemispheric Forum of States to discuss and recommend the implementation of measures to improve Nuclear Security Culture in the Americas. Many members of the OAS has signed the follow international instruments: (1) International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT), (2) United Nationals Security Council Resolution 1540; (3) Convention on the Physical Protection of Nuclear Material (CPPNM) and 2005 Amendment. Nearly every country in Latin America and the Caribbean has radioactive sources in medical or industrial use: radiotherapy units for medical care are in use; industrial sources for radiography are used annually; irradiator facilities containing radioactive sources for industrial applications are in operation. Strong improvements and advances have been done the last 10 years after the first Pan American Meeting on Nuclear Security organized by the AIEA in Quito Ecuador in 2006. Many of the institutional and legal reforms have been implemented during that period. In the meantime, the IAEA and the state members have improved Nuclear Security Series Publications including: Fundamentals, Recommendations, Implementing Guides and Technical Guidance. In order to implement a more efficient coordination at the regional level, states needs a common ground where member of OAS and the IAEA can discuss Nuclear Security Series and IAEA NS Plan 2018-2024. This paper explains the process to establishing a mandate for the inclusion of the topic of NS in the regular agenda of the commissions of the Organization of American States (OAS), and eventually in the Permanent Council. Also the article propose the Role for the OAS to promote Nuclear Security in the Hemisphere. The participation of the AIEA can be to inform MS the: Guidance Development, Physical Protection, Education & Training, Peer Review Missions, Coordination Mechanisms and 2018-2024 Nuclear Security Plan. Considering that NS is a responsibility of a State the role of the OAS in the future can be: a. to support the adherence to and implementation of international legal instruments related to nuclear security; and b. supporting States, through south-south cooperation, in their efforts to establish and maintain effective nuclear security through guidance, capacity building, human resource development using training centers, peer reviews and advisory services, information exchange, and risk reduction. 1. INTRODUCTION Non-traditional security threats like the terrorism, drug-trafficking, illicit traffic of arms, explosives, related materials and contraband, migration and natural disasters, are experienced by all the American countries. Several discussions and agreement has been reach by member states regarding nuclear security and non proliferation in the region. The AIEA has received a mandate from its member states to prepare guides in nuclear security and to promote the implementation by national competent authorities. 1.1 ROLE OF THE OAS The member States of the OAS proclaim in the Article 2 of the Charter of the Organization of American States that one of the essential purposes of the Organization is "to strengthen the peace and security of the continent." In this framework, the OAS has emphasized regional contributions to global security and the need for enhanced dialogue on cooperation in peace, confidence, and security issues among the nations of the Hemisphere. The OAS General Assembly has considered the Treaty of Tlatelolco to be a cooperation security measure, and it has become a model for the establishment of other nuclear-weaponfree zones as the South Pacific (Treaty of Rarotonga), Southeast Asia (Treaty of Bangkok), and Africa (Treaty of Pelindaba). 1
1.2 THE COMMITTEE ON HEMISPHERIC SECURITY The CHS came into existence in 1992 as a special commission through the provisions of the 1991 OAS General Assembly and became a permanent organ in 1995. Its original task was to discuss and redefine the concept of security in the region. According to the Article 20 of the Rules of Procedure of the Permanent Council, the Committee on Hemispheric Security (CHS) has the following functions (OEA, 2003): To study, and make recommendations to the Permanent Council on, any matters relating to hemispheric security that may be entrusted to it by the Permanent Council and, through it, by the General Assembly, in particular with a view to promoting cooperation in this area. Other roles are: Coordinate cooperation among the organs, agencies, entities and mechanisms of the Organization related to the various aspects of security and defense in the Hemisphere, respecting the mandates and the scope of their competencies, in order to achieve the application, evaluation and monitoring of the Declaration. Carry out follow-up and deepening of issues related to confidence and security-building measures; Carry out an analysis on the meaning, scope and projection of international security concepts in the Hemisphere, with the purpose of developing the most appropriate common approaches to address its various aspects, including disarmament and arms control; and, Identify ways to revitalize and strengthen the institutions of the Inter-American System related to the different aspects of Hemispheric Security. The activities of the CHS are: To participating in, holding consultations with, and sharing experiences and information with other regional and international forums.; to promote and coordinate cooperation among the organs, agencies, and entities of the Organization. (AG/RES. 2866/14). The agenda of the CHS is determined by the mandates of the General Assembly. The Table 1 shows the conventions and Treaties related to Hemispheric Security signed by Member States of the OAS TABLE 1 Treaties and conventions for which the OAS is depositary Year American Treaty on Pacific Settlement (Pact of Bogota) 1948 Inter-American Treaty of Reciprocal Assistance (Rio Treaty) Protocol of Amendment to the Inter-American Treaty of Reciprocal Assistance (Rio 1975 Treaty) Inter-American Convention Against the Illicit Manufacturing of and Trafficking in 1997 Firearms, Ammunition, Explosives, and other Related Materials (CIFTA) Inter-American Convention on Transparency in Conventional Weapons Acquisitions 1999 (CITAAC) Subregional treaties and instruments Declaration of Arequipa - XI Conference of Defense Ministers of the Americas 2014 Brasilia Declaration of the Regional Preparatory Meeting of the Latin American and 2000 Caribbean States for the 2001 United nations Conference on the Illicit Trade in Small Arms and Light Weapons in All Its Aspects Joint Presidential Declaration between Argentina and Chile on Confidence- and Security- 1999 Building Political Declaration of MERCOSUR, Bolivia and, Chile as a Zone of Peace 1999 Declaration by the Presidents of Central America and the Dominican Republic and the 1997 Representative of the Prime Minister of Belize to not procure strategic high-tech weapons, weapons of mass destruction, and costly weapons Treaty Establishing the Regional Security System 1996 Framework Treaty on Democratic Security in Central America 1995 Arms Control 2
Convention on the Prohibition of the Development, Production, Stockpiling and Use of 1992 Chemical Weapons and on their Destruction Convention on the Prohibition of the Development, Production and Stockpiling of 1975 Bacteriological (Biological) and Toxin Weapons and on their Destruction Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean 1969 (Treaty of Tlatelolco) Palermo Convention: United Nations Convention against Transnational Organized Crime 2001 Antipersonnel mines Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and on their Destruction (Ottawa Convention) 1.3 AMERICAN COUNTRIES SIGNATORIES OF THE ICSANT, CPPNM AND A/CPPNM Many members of the OAS has signed the follow international instruments: (1) International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT), 16 of 114 states that has ratified, (2) United Nationals Security Council Resolution 1540; (3) Convention on the Physical Protection of Nuclear Material (CPPNM) and 2005 Amendment 14 states from 118 that has ratified. 1.4 THE OAS AND THE UNSCR 1540 The OAS continuously has facilitated the implementation of resolution 1540 (2004) through several Resolutions: AG/RES. 2107 (XXXV-O/05), AG/RES. 2333 XXXVII-O/07), AG/RES. 2358 (XXXVIII- O/08), and AG/RES. 2534 (XL-O/10). These resolutions shows the high-level political support to integrate Res.1540 implementation into its relevant programs of work. The support of the OAS member states has prompted significant steps across the hemisphere to prevent non-state actors from manufacturing, acquiring, possessing, developing, transporting, transferring or using weapons of mass destruction and their means of delivery, indicating the value to which American States attach the objectives of the 1540 framework. Under this resolutions, workshops and seminars have been promoted to support states to complete National Reports. Furthermore, OAS has tried to contribute to the technical capabilities of the countries in the region. The "Implementation of United Nations Security Council Resolution 1540 Program" seeks to assist states of the region with respect to the monitoring of borders, the adequacy of the domestic legal apparatus for that resolution; and the technical capability to deal with nuclear incidents. Another very important instrument addressing the problem of nuclear terrorism is the Amendment of the Convention on Physical Protection of Nuclear Material, which came into effect in 2017. Many American countries ratified the Amendment, under which the states would be legally obligated to protect nuclear facilities and radiological materials in transit and domestic storage. The incidents related to the possession and the attempt to illicitly transfer radioactive and nuclear material is compiled at the "IAEA Incident and Trafficking Database" (ITDB), which compiles. This initiative aims to identify possible patterns in illegal activities, contributing to their prevention (Dawwod and Herz, 2013). 1.5 AMERICAN COUNTRIES AND NUCLEAR APPLICATIONS Almost every country in Latin America and the Caribbean has radioactive sources of different categories in medical or industrial use: radiotherapy units for medical care are in use; industrial sources for radiography are used annually; irradiator facilities containing radioactive sources for industrial applications are in operation. Nine countries of the region have so far operated a research reactor. As of September 2018, Mexico, Argentina, Brazil are operating nuclear six power plants (NPP), and others has Chile, Colombia, Peru and Jamaica hare operating research reactors as well as Argentina, Brazil and Mexico. Bolivia and Paraguay, has expressed interest in developing capacities in more complex nuclear application technologies 3
(as nuclear research reactors) for medicine, agriculture, industry and hydrocarbon exploration. Uruguay and Venezuela decommissioned research reactors in previous years. Advances in Regulation have been done the last 10 years after the first Pan American Meeting on Nuclear Security organized by the AIEA in Quito Ecuador in 2006. Many of the institutional and legal reforms have been implemented during that period. 1.6 LIST OF NUCLEAR SECURITY SERIES PUBLICATIONS In the last 15 years, the IAEA and the state members have improved nuclear security regime through publications including: Fundamentals, Recommendations, Implementing Guides and Technical Guidance. The table 2 shows the different publications of the IAEA in nuclear security. NUCLEAR SECURITY SERIES Series No. Title Published Fundamentals (F) No. 20 Recommendations (R) No. 13 No. 14 Objective and Essential Elements of a State s Nuclear Security Regime 2013 Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities (INFCIRC/225/Revision 5) 2011 Nuclear Security Recommendations on Radioactive Material and Associated Facilities 2011 Nuclear Security Recommendations on Nuclear and Other Radioactive No. 15 Material out of Regulatory Control 2011 Implementing Guides (G) No. 2-G Nuclear Forensics in Support of Investigations 2015 No. 7 Nuclear Security Culture 2008 No. 8 Preventive and Protective Measures Against Insider Threats 2008 No. 9 No. 10 Security in the Transport of Radioactive Material Development, Use and Maintenance of the Design Basis Threat 2008 2009 No. 11 Security of Radioactive Sources 2009 No. 18 Nuclear Security Systems and Measures for Major Public Events 2012 No. 19 No. 21 Establishing the Nuclear Security Infrastructure for a Nuclear Power Programme 2013 Nuclear Security Systems and Measures for the Detection of Nuclear and Other Radioactive Material out of Regulatory Control 2013 No. 22-G Radiological Crime Scene Management 2014 No. 23-G Security of Nuclear Information 2015 No. 24-G No. 25-G Risk Informed Approach for Nuclear Security Measures for Nuclear and other Radioactive Material out of Regulatory Control 2015 Use of Nuclear Material Accounting and Control for Nuclear Security Purposes at Facilities 2015 No. 26-G Security of Nuclear Material in Transport 2015 Technical Guidance (T) No. 1 Technical and Functional Specifications for Border Monitoring Equipment 2006 Monitoring for Radioactive Material in International Mail Transported by No. 3 Public Postal Operators 2006 Engineering Safety Aspects of the Protection of Nuclear Power Against No. 4 Sabotage 2007 No. 5 Identification of Radioactive Sources and Devices 2007 No. 6 Combating Illicit Trafficking in Nuclear and Other Radioactive Material 2007 No. 12 Educational Programme in Nuclear Security 2010 No. 16 Identification of Vital Areas at Nuclear Facilities 2012 No. 17 Computer Security at Nuclear Facilities 2011 4
1.7 ESTABLISHING A MANDATE WITHIN THE OAS HEMISPHERIC SECURITY COMMISSION As the implementation of the UNSCR 1540 was supported from the OAS the promotion of improvement of nuclear security in the Hemisphere can be done by the OAS. The process begins with the presentation of the proposal by a Member State, requesting that the subject be considered. To this end, the State must request that one or more paragraphs be included in one of the Omnibus Resolutions to be approved by the next General Assembly of the OAS. In this specific matter, the topic "Nuclear Security" should be proposed within the Committee on Hemispheric Security due to the fact that the aforementioned Commission considers and analyzes issues related to Security. To this end, the preparation of one or several paragraphs, including its argumentation or justification, will be proposed within the Commission to be incorporated into the Omnibus Resolution, prior authorization from the competent authorities of the Ministry of Foreign Affairs. Subsequently, the negotiation period with other delegations begins, during which the proposal can be accepted "in totum", amended or eventually rejected, if it does not meet the required supports. The OAS prioritizes the adoption of decisions by consensus, and only in very exceptional cases does it use the voting procedure to adopt decisions. Once the mandate has been included in the Omnibus Resolution, it is forwarded to the Permanent Council, which after considering it, the Council brings it to the consideration and approval of the Regular Session of the General Assembly (Maximum Authority of the Organization). After that process, the mandate is incorporated into the Program of Work of the Commission and the date on which it will be considered as an Agenda Item of a session is established. This Agenda and an Action Plan will be under the responsibility of the proponents in coordination with the Presidency of the Commission. They will carry on the necessary steps for the participation of experts from the members of OAS, the proponent country, or other international organizations as the IAEA, NEA/OECD or institutes as the World Institute for Nuclear Security (WINS). The participation of the AIEA at the CHS can be informing American countries about the: Guidance Development, Physical Protection, Education & Training, Peer Review Missions, Coordination Mechanisms and 2018-2024 Nuclear Security Plan. 2. CONCLUSIONS AND RECOMMENDATIONS: Improving nuclear security in the Americas In order to implement a more efficient coordination at the regional level, we need a common ground where member of OAS and the IAEA can discuss nuclear security issues and IAEA NS Plan 2018-2024. The function with "added value" of the OAS in terms of nuclear security are: In general terms, its role as a framework forum for hemispheric issues and north-south dialogue is essential. The OAS is the only organization with the capacity to achieve it. The OAS is also effective as a center for disseminating ideas and best practices, especially in matters of public policy and security, and could greatly assist in the improvement of nuclear governance in Latin America, particularly in the safety-security interface. Considering that nuclear security is a responsibility of a State, the role of the OAS in the future can be: a. to support the adherence to and implementation of international legal instruments related to nuclear security; b. to support the implementation of guides of the IAEA in nuclear security, and c. supporting States, through south-south cooperation and IAEA assistance, in their efforts to establish and maintain effective nuclear security through guidance, capacity building, human resource development using training centers, peer reviews and advisory services, information exchange, and risk reduction. 5
REFERENCES [1] AIEA. Nuclear Security Series (2018). Accessed on 11.09.2018. http://www-ns.iaea.org/security/nsspublications.asp [2] AG/RES. 2866 (XLIV-O/14): Advancing Hemispheric Security: A Multidimensional Approach (2014). [3] Implementation of UNSC Res.1540. (2018) Accessed on 11.09.2018. http://www.oas.org/en/sms/cicte/programs_implementation.asp. [4] OAS-Conventions and Treaties related to Hemispheric Security. (2018) Accessed on 11.09.2018 http://www.oas.org/csh/english/docconv&treat.asp [5] Organización de Estados Americanos- OEA. Declaración de Seguridad Hemisférica de la OEA. Washington, D.C. (2000) http://www.oas.org/csh/english/ [6] Organización de Estados Americanos- OEA. Reglamento del Consejo Permanente. Washington, D.C. (2003). http://www.oas.org/csh/english/ [7] Layla Dawood; Mônica Herz. Nuclear governance in Latin America. Contexto int. vol.35 no.2 Rio de Janeiro July/Dec. (2013) 6