Sixth Review Conference of the BWC: Looking Ahead
20 Jan, 2006 · 1931
KS Manjuanth flags pertinent issues faced by the BWC, and countries like India in the build up to the next review conference in December 2006
The countdown to the Sixth Review Conference (RevCon) of the Biological Weapons Convention (BWC) has begun. The state parties met on 5-9 December 2005, which culminated the annual meetings of the state parties that had specifically discussed national implementation mechanisms; possible international responses and measures to broaden cross-linkages between states, and codes of conduct for scientists. The mandate of the state parties' meeting was to evaluate the outcome of these annual meetings and review the operations for effective implementation of the BWC Convention. Pakistan's Masood Khan was nominated as the Chair of the Preparatory Committee and President of the next RevCon to be held in December 2006.
The outgoing President, Tibor Toth, occupied this position during the turbulent Fifth Review Conference and had evolved innovative measures like replacing the heavily bracketed (i.e. contested) Rolling Text with a Composite Text. Toth also conducted the annual meetings of state parties after the Fifth RevCon to prevent the BWC from going comatose. Although this was in line with the US proposal to substitute for the earlier Ad Hoc Group meetings, Toth must be credited with devising a constructive agenda for these annual meetings.
India occupies a unique position in the BWC. As a developing country it would benefit immensely from a relaxation of the Australia Group's strict control mechanisms over dual use technologies in the fields of microbiology and biotechnology. However, India cannot join the developing world since its burgeoning biotechnology and pharmaceuticals industries are achieving cutting-edge technological capabilities to compete with the West. Therefore, India's (short-term) interests are best served by pursuing its need for access to foreign markets for its competitive pharma and biotech products. For example, while the developing world demands access to dual use R&D techniques and cheaper drugs, India seeks different concessions from Western countries by trying to sell its cheap drugs in their markets. India has little common ground with the developing world (represented by the NAM Group in the BWC); hence seeking a common position with this group will only yield limited returns during negotiations in the BWC and the WTO.
India's statements pertaining to the BWC become comprehensible against this backdrop. In the December meeting of state parties, India's representative, Jayant Prasad, underlined its active participation on devising codes of conduct for scientists and provided details of India's legal, regulatory and administrative framework. This was directed at the West to consider India's case for access to dual use technology based on its track record, which is similar to the rationale provided by India to access technology transfer in another critical area viz. nuclear technology. The Indo-US nuclear deal is premised on India being a responsible nuclear power with an impeccable non-proliferation record due to its strict control over its nuclear exports.
Another notable aspect of Prasad's statement was India's "…support and active participation in the present BWC process, established by the resumed Session of the fifth Review Conference in 2002. Anchored in the multilateral framework, which is a pre-requisite for addressing issues that impinge on the security of States, this process has been useful and productive." Although "anchored in a multilateral framework, "India has nuanced its support by professing faith in the "resumed" session of the fifth RevCon in 2002. It would be recalled that the 2001 session ended acrimoniously over issues like the Ad Hoc Group's mandate and the intransigence of state parties over the verification protocol. That India, nevertheless, has invested in the renewed BWC process and joined its annual meetings is evident by its words and deeds.
The behaviour of states in the BWC review conferences can be categorised as being either "reformist" or "minimalist" according to Jez Littlewood. However, he has drawn criticism by simplifying the complex negotiation processes in the BWC. Currently, BWC literature is concerned with proposals regarding verification protocol; structural changes to the BWC; role of science and technology; and finally the future of the BWC. A study of these negotiations reveals an interaction between the two basic approaches to international relations viz. Realism and International Regimes. Littlewood's minimalist vs. reformist analogy can be explained within the rubric of offensive and defensive Realism, but does not account for a state party's desire to build an international regime as an end in itself. A study of the BWC's linkages with other international concerns like biodiversity; WTO & TRIPS; commercial value of biotechnology; and the fifth RevCon's negotiations will greatly enhance scholarship and policy options for the future.