Author : Colonel GG Pamidi,

 

THE BIOLOGICAL WARFARE CONVENTION REVIEW CONFERENCE: NEED FOR A PROACTIVE APPROACH

By Colonel GG Pamidi

Introduction

The Biological and Toxin Weapon Convention(BTWC or BWC in short) is a 1972 vintage convention which was signed by India in 1973 and ratified in 1975. The Convention currently has 155 State Parties that have ratified it. However, not enough public debate is ever devoted to this subject possibly due to lack of information or interest by the public at large. Regrettably, even members of the strategic community expend more time and energy on the other weapons of mass destruction, namely, nuclear and chemical vis-a-vis the biological threat.  

The Biological Weapons Convention was the first comprehensive disarmament instrument through which the international community committed itself to eliminating an entire category of weapons of mass destruction. Though it does not predate the Nuclear Non-Proliferation Treaty or NPT for short, the latter is by no means comprehensive, and, on the contrary, has created more friction than provided solutions to the aspect of nuclear proliferation. On the other hand, the Chemical Weapons Convention or CWC for short is a study in contrast since it also included an effective verification and compliance regime, which is absent in the case of the BTWC even.

Today, the aspect of bio-attacks and bio-terrorism is no longer in the realm of science fiction. As the then Indian Ambassador and Permanent Representative of India to the Conference on Disarmament, Shri Jayant Prasad put it during the last Review Conference in November 2006, “Advances in bio-technology, genetic engineering and life sciences, especially in the past two decades, their dual-use nature and easier access to them have increased the danger of proliferation and hostile use of biological warfare agents. The possibility that non-state actors, including terrorists could acquire and resort to the use of biological warfare agents and toxins has added a new dimension to this danger”[1].

The next Review Conference(REVCON) is scheduled to be held from 05-22 December 2011 in Geneva. According to the decision taken in the April 2011 Preparatory Committee (PREPCOM) meeting for the REVCON, the review conference will, in accordance with Article XII of the Convention, “review the operation of the Convention, taking into account,inter alia, new scientific and technological developments relevant to the Convention; the progress made by States Parties on the implementation of the obligations, under the Convention; progress of the implementation of the decisions and recommendations agreed upon at the Sixth Review Conference.”[2] So this is a good time for India to review its position and assess as to what it can realistically hope to achieve during the forthcoming REVCON. However, prior to analysing the possible outcomes of the REVCON, it is pertinent to anaylse the threat of bio-attacks and bio-terrorism to India as well as review the status of the BTWC in our neighbouring countries.

Threat of Bio-Attack and Bio-Terrorism to India

There is no proof that biological warfare attacks have been carried out against India, but as per the experts, all the factors are very much in place and it is quite possible that such attacks may have been carried out.  One of the advantages of use of bio-agents by forces inimical to India is the “deniability” factor. While suspicions abound that the outbreak of pneumonic plague—well known in biological warfare—in Surat and bubonic plague in Beed in 1994 was a result of a possible bio-attack, nothing can be stated with clinching evidence. However, while in the absence irrefutable proof, it may not be possible to attribute the 1994 plague conclusively to external bio-warfare, what is indisputable is that this caused several deaths and sizeable economic loss to the country.

Dr Kamal Datta, director of the National Institute of Communicable Diseases, has alluded to some “suspicious” outbreaks, such as a 1996 outbreak of dengue in Delhi (10,252 cases; 423 deaths), and the outbreak of unidentified encephalitis in Siliguri, eastern India, in February 2001 (66 cases; 45 deaths)[3]. Both outbreaks have baffled Indian researchers.

Even if these are wished away as fanciful imaginings of a conspiracy driven mentality, is in the realm of the possible that such incidents may well happen in the future.

Status of the BTWC : Neighbouring Countries

China. China acceded to the BTWC on 15 November 1984. China has allegedly conducted considerable amounts of ostensibly defensive research on potential weapon agents like anthrax, tularemia and botulinum. US and Taiwanese sources even claim that China has an offensive biological weapons programme[4]. China has also reportedly invested in new technologies like biological engineering to improve its industrial base.

Pakistan. Pakistan signed the BTWC on 10 April 1972 and ratified it on 25 September 1974. Since early 1990s it has been alleged that Pakistan is conducting research into biological weapons, though the possible agents are unknown. US sources claim that Pakistan has the resources and capabilities necessary to support a limited offensive biological warfare research and development effort^[5].

Issues for Discussion

The REVCON is expected to address a range of issues, including contingencies for investigating the alleged use of biological weapons, methods for providing international assistance to mitigate the impact of such use, and capacity building in the areas of disease surveillance, detection, and diagnosis. While the issues that may come up are many, among them, the ones that are important and have a deeper significance for India are the following:-

(a)  Assistance and coordination.  Assistance and coordination in case of alleged use of biological weapons is an imperative need. In such an eventuality, in accordance with Article X of the convention, all nations must facilitate fullest possible exchange of equipment and technology. To quote from Article X, “The States Parties to this Convention undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the use of bacteriological (biological) agents and toxins for peaceful purposes”.

 (b)  Compliance, verification and monitoring. While these have come up in the earlier BTWC discussions, a consensual agreement has eluded the world community and till date the BTWC does not have a formal verification provision.   The major apprehension of the developed world, particularly the US, is that it will impinge its biotechnology industry. The US does not want to be subject to any verification measures under the treaty and it advocates national measures instead. No solution to the verification conundrum has been found as yet.

 (c)  Balancing Dual Use Export Restrictions and Encouraging International Cooperation. There are a few countries which perceive that the best way to tackle the issue of bio-attacks and bio-terrorism is to curb the export of dual-use technology and material. They quote Article III which states that “Each State Party to this Convention undertakes not to transfer to any recipient whatsoever, directly or indirectly, and not in any way to assist, encourage, or induce any State, group of States or international organizations to manufacture or otherwise acquire any of the agents, toxins, weapons, equipment or means of delivery specified in article I of this Convention”.  However, India has maintained that there is no evident contradiction and that in accordance with Article X, international assistance and co-ordination is imperative. There is thus an urgent need to ensure that the threat of bio attacks is tackled without unduly restricting the use of these technologies for peaceful and useful purposes.

Conclusion

There is no doubt that India attaches the highest priority to further strengthening the BWC and ensuring its full implementation by all the State Parties and making it truly “universal”. Only a consensual approach and unanimous agreement for verification and compliance can provide the assurance that all the State parties to the BWC are in compliance of their obligations under the Convention.