Statement by H.E. Dr. Kuniko Inoguchi

 

Ambassador, Permanent Representative of Japan to the Conference on Disarmament

 

The Meeting of the States Parties to the Convention on Prohibition or Restriction on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects

 

Geneva, 27 November 2003

 

 

Mr. Chairman,

Distinguished delegates,

 

At the outset allow me to express sincere appreciation to Ambassador Rakesh Sood for his excellent guidance which my delegation has followed with full confidence throughout the current process since the Second Review Conference in 2001. Allow me also to extend my warmest congratulations to both coordinators, Ambassador Chris Sanders and Mr. Peter Kolarov, on their diplomatic skills, hard work and dedication that have brought us to the outcome we are adopting today.

 

The CCW and its protocols hold an important place in international humanitarian law. They enable the States parties to effectively and practically address the humanitarian problems arising from armed conflicts without compromising their legitimate security interests. This key character allows the Convention and its protocols to enjoy wide adherence. Japan is fully committed to complying with them and strongly hopes that this legal framework will be further strengthened.

 

The Group of Governmental Experts and the Meeting of States Parties constitute an excellent result-oriented process to strengthen the CCW. Today we are making, among others, two concrete decisions: the adoption of a protocol on explosive remnants of war (ERW) and the agreement on an enhanced mandate for next year’s work on the issue of mines other than anti-personnel mines.

 

Mr. Chairman,

 

The common recognition of the humanitarian problems posed by explosive remnants of war and the urgent need to address those problems constituted the thrust which finally led the High Contracting Parties to agree, at the Second Review Conference, to initiate deliberations on the issue of ERW. Since then, the Group of Governmental Experts has been engaged in this challenging task. My country has been actively and constructively participating in the discussions and subsequent negotiations.

 

The new protocol before us primarily provides post-conflict remedial measures of a generic nature, such as ERW clearance, recording, retaining and transmission of information, precautions for the protection of the civilian population, protection of humanitarian missions, etc. It also contains an article on generic preventive measures with a set of best practice measures of a voluntary nature.

 

I would like to take this opportunity to indicate Japan’s understanding on Article 7, in particular, as follows:

 

(1)               Article 7 (1) of this Protocol confirms, in a generic manner, the right of a state to seek and receive assistance, where appropriate, from any other states and relevant international organizations and institutions in dealing with the problems posed by existing explosive remnants of war, and thus is not linked to the question of which state or how has used explosive ordnance which has become explosive remnants of war, or has abandoned explosive remnants of war.

 

(2)               It is also in this context that Article 7 (2) of this Protocol provides that a High Contracting Party “in a position to do so” shall provide assistance, and whether a High Contracting Party is “in a position to do so” or not shall be decided by that High Contracting Party. A High Contracting Party “in a position to do so” shall provide assistance as necessary and feasible.

 

(3)               Nothing in this Protocol is intended to prejudice arrangements between High Contracting Parties, consistent with international law, related to the settlement of armed conflicts.

 

The States parties are also going to adopt a mandate for the continued discussions on preventive aspects of the issue of ERW. We will actively participate in these discussions. In this context we would like to stress the importance of observing international humanitarian law.

 

Mr. Chairman,

 

On the issue of mines other than anti-personnel mines, Japan is one of the co-sponsors for the proposal on a protocol on such mines which is led by the United States and Denmark. We believe that the proposed protocol contains very useful and viable measures to eradicate the irresponsible use of mines other than anti-personnel mines. We are pleased to agree on an appropriate mandate for nest year’s deliberation by the Group of Governmental Experts. Under this mandate we will redouble our efforts with a view to the adoption of a protocol based on the aforementioned proposal. We also expect that the recommendation to be adopted next year will also contain a set of best practice measures on the issue of sensitive fuse mechanisms of anti-vehicle mines. We commend the efforts made by the German delegation that have laid the ground work for next year’s exercise.

 

Mr. Chairman,

 

Humanitarian concerns arising from armed conflicts are enormous and profound in our current world. Consistent and untiring efforts are required in order to alleviate such human suffering and tragedy unfolding in war-torn, as well as post-conflict, areas. Japan has been doing its utmost to address these problems by providing emergency humanitarian assistance, assisting affected countries and people in clearing mines and unexploded ordnance, assisting mine victims and helping the countries concerned to rebuild themselves into more stable and viable societies. My country remains committed to this aim.

 

Thank you.