Identifier
Created
Classification
Origin
04THEHAGUE1533
2004-06-21 13:10:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy The Hague
Cable title:  

CHEMICAL WEAPONS CONVENTION (CWC) - DISCUSSION

Tags:  PARM PREL CWC 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 THE HAGUE 001533 

SIPDIS

SENSITIVE

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC) - DISCUSSION
WITH AFRICA GROUP ON RABTA CONVERSION

REF: A. THE HAGUE 1512

B. SECSTATE 132224 (NOTAL)

This is CWC-78-04

UNCLAS SECTION 01 OF 03 THE HAGUE 001533

SIPDIS

SENSITIVE

STATE FOR AC/CB, NP/CBM, VC/CCB, L/ACV, IO/S
SECDEF FOR OSD/ISP
JOINT STAFF FOR DD PMA-A FOR WTC
COMMERCE FOR BIS (GOLDMAN)
NSC FOR JOECK
WINPAC FOR LIEPMAN

E.O. 12958: N/A
TAGS: PARM PREL CWC
SUBJECT: CHEMICAL WEAPONS CONVENTION (CWC) - DISCUSSION
WITH AFRICA GROUP ON RABTA CONVERSION

REF: A. THE HAGUE 1512

B. SECSTATE 132224 (NOTAL)

This is CWC-78-04


1. (SBU) Summary: Representatives of Morocco, Tunisia and
Sudan provided strong support for the proposed technical
change to permit conversion of the Libyan chemical weapons
production facility at Rabta, although Tunisia and Sudan
emphasized that they would need to await instructions from
capitals. The Algerian delegate characterized the initiative
as "very positive," but was more cautious in expressing
support. The South African representative was clearly the
most reserved, and from our perspective a demarche in
Pretoria on the merits of the proposal would be particularly
useful. The Libyan Ambassador subsequently informed OPCW
PermRep Javits that she would ask her Ministry to press the
case with the governments noted above, as well as key
countries such as Germany and France, on the importance of
the proposed technical change. End Summary.


2. (U) Amb. Javits began the June 18 meeting by noting the
desire of the U.S., U.K., Italy and Libya to preview the
proposed technical change with key members of the Africa
Group. Libyan Ambassador Zakia A.M.Sahli then provided
copies of the text of the proposed technical change to Part V
of the Verification Annex and put forth the request that the
countries participating in the meeting consider co-sponsoring
the proposal when it is formally submitted. She emphasized
that the conversion would allow the Rabta facility to produce
important pharmaceuticals and assist people in African
countries in particular. Sahli added that such a change
would also encourage other countries to consider acceding to
the CW Convention. Martin Rudduck of the U.K. then briefly
commented that of the various available options, this was the
"right way" to proceed on Rabta conversion. Gianpaolo
Malpaga of Italy emphasized the humanitarian goals promoted
by the proposal.


3. (U) Following a detailed presentation of the proposal by
Amb. Javits, Hela Lahmar of Tunisia responded that Africa
clearly would benefit from the proposal, and while she would
need to get approval from Tunis, she thought the proposal

deserved support. Ali Elsadig Ali Al-Hussein of Sudan noted
that his Ambassador had said at the last Executive Council
session that Sudan supports the Libyan decision to accede to
the CWC. Moreover, the Africa Group had pledged its support
to Libya. This proposal, continued Al-Hussein, is the chance
to provide concrete proof of that support. He concluded by
stating that his initial reaction to the proposal is very
positive, and while he would need approval from his capital,
he believed Sudan would support the initiative.


4. (U) Nour El Houda Benomar of Morocco also expressed full
support for the proposal, and noted that Morocco had
emphasized in past Executive Council sessions the importance
of promoting peaceful uses of chemistry. Without any caveats
about instructions, Benomar flatly said that the group could
count on Moroccan support. Aheene Boukhemis of the Algerian
delegation also characterized the initiative as very
positive. However, he then commented that this is a critical
legal matter on which Algeria would need more information,
and he would need to see how his capital would view the
proposal. Finally, Peter Makwarela of the South African
delegation said he would need time to consider the proposal
and stressed that many of the issues involved with the
technical change were not clear. He noted that the next
Africa Group meeting will be on June 23, so there is
sufficient time to assess the proposal and await instructions
from Pretoria.

5. (U) Amb. Javits and the U.K. and Italian representatives
then fielded a variety of questions, most of which came from
Makwarela:
-- Responding to a question from Makwarela, the Ambassador
also noted that the technical change would not automatically
grant the conversion request, but would merely allow the
Executive Council to consider requests for conversion.
-- Makwarela then asked about the precedent that was cited in
the briefing (concerning notification requirements for
transfers of saxitoxins),and Malpaga noted that the
precedent concerns the use of a technical change. Whether
Libya or any new SP in the future would get approval for a
conversion request is an issue to be addressed by the EC and
CSP. After additional comments from Makwarela on this point,
Amb. Javits re-emphasized that the proposal would simply
remove the prohibition on considering conversion requests.
States Parties retain the authority to make the decision.
-- Makwarela stressed that maintenance of the "sanctity of
the Convention" is important to South Africa. Amb. Javits
replied that the sponsors clearly shared that view, and
stressed that the proposal does not affect the Convention,
but one item in the Verification Annexes.
-- Makwarela inquired whether the Rabta request could be
de-linked from the technical change, to which Amb. Javits
replied that there can be no action on the Rabta request
without the change.
-- Makwarela said he has a problem with changing the
provisions of the Convention, expressing a concern about
"leaving the door open for everyone." Amb. Javits emphasized
that this is not the case. The focus is on addressing what
has become a deterrent to countries joining the CW
Convention. Rudduck chimed in, emphasizing that the
decisions are still made by the Executive Council and the
Conference of States Parties.


6. (U) As for the issues raised by the other participants:
-- In response to a question from Benomar, Amb. Javits went
through an extensive discussion of the processes involved in
the technical change, drawing on the guidance from Washington.
-- Lahmar asked if the sponsors of the proposal were aware of
any states parties opposed to the technical change. Amb.
Javits replied that there are numerous questions as the
initiative is still in the early stages of consideration.
-- Responding to a question from Lahmar on why this change
had not been addressed previously, the Ambassador replied
that the provision had been included in its original form to
encourage people to join the Convention. However, it had now
turned into a deterrent to acceding to the Convention. In
response to a follow-on question about whether this had been
addressed at the 2003 Revue Conference, the Ambassador noted
that this issue had never arisen, and only arose now due to
Libyan accession.
-- Replying to a suggestion from Boukhemis that it might be
wise to get legal advice on the issue, Amb. Javits said that
any of the sponsors would be willing to provide their opinion
that this process would be legal, as we want this to be not
only legal, but transparent. Makwarela suggested that it
might be helpful to get an opinion from the Legal Advisor of
the OPCW, and Amb. Javits said he anticipates no problem and
would support the Legal Advisor providing such an opinion, if
it were requested.


7. (U) The discussion ended on a very positive note, with
Benomar reiterating strong support for the proposed technical
change, emphasizing the purpose of the requested conversion
and Morocco's commitment to Libya. On behalf of the sponsors
of the initiative, Amb. Javits expressed appreciation for the
interest shown by all the participants and reiterated the
hope that they would support the proposal.

8. (SBU) In a follow-up conversation, the Libyan Ambassador
informed Amb. Javits that she would press Tripoli to demarche
the African Group delegations that had participated as well
as other key delegations, such as Germany and France.


9. (U) Javits sends.
SOBEL