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Table 5.3 Dutch policies on ERW December 2001 – December 2002: Towards a negotiating mandate

Objectives The main objective of the Dutch government was to reach consensus on a

negotiation mandate on ERW during the Meeting of States Parties in December 2002. In this respect, the focus remained on an instrument containing preventive measures and post-conflict measures. Having firmly established its international pioneer role, the Dutch government took a firm stand to continue this role as coordinator of the GGE.

Results In December 2002 the States Parties decided to start negotiations on an

international legal instrument regarding ERW. The mandate allowed negotiations to start on post-conflict measures and generic preventive measures only. Weapons-specific preventive measures could merely be discussed.

Interventions As coordinator of the GGE, the Netherlands organised three meetings. It

also organised an informal workshop in Garderen to increase knowledge about the different aspects of ERW. Also, several bilateral consultations were held with countries that had reservations about adopting a

negotiation mandate on ERW. Within the EU, the Netherlands lobbied for a common position.

Impediments There proved to be no support for including weapons-specific measures in

the negotiation mandate. The main objections were the high costs of modifying weapons. Next to weapons-specific measures, the other impediments in the process towards a negotiations mandate proved to be issues of victim assistance, international humanitarian law, the nature of the instrument (should it be legally or politically binding?) and the time frame.

Objectives

After achieving a discussion mandate during the CCW Review Conference in December 2001, the main objective of the Dutch government for the year 2002 was to achieve consensus on a negotiation mandate. That was the principal aim, because the viewpoints of the States Parties had diverged considerably during the Review Conference.The government still recognised two main categories in the discussion: the adoption of measures in order to prevent ERW being created, and the adoption of measures to avert casualties once there are ERW.213 _{Having firmly established its}

international pioneer role in the development of a legal instrument on the subject of ERW, the Netherlands now stood firm on continuing this role.

Results

In December 2002 a negotiation mandate on ‘an international legal instrument on post-conflict measures to reduce the human sufferings caused by ERW’ was achieved.

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The mandate stipulated that post-conflict measures are to be founded on a broad definition encompassing most types of explosive munitions, with the exception of mines.214 _{The mandate allowed negotiations to start for post-conflict measures only;}

generic preventive measures would be explored. As a consequence, the Dutch objective that the mandate would also include weapons-specific measures that would prevent ERW from coming into existence was not achieved. Weapons-specific preventive measures were merely to be discussed, not to be negotiated.

Interventions

As coordinator, the Netherlands organised three GGE meetings. Before the first GGE meeting took place (21-24 May 2002), the Netherlands organised a workshop for a limited number of countries (mostly like-minded) and NGOs in Garderen/the Netherlands from 7 to 9 February 2002. The aim was to work out a strategy for the discussion on ERW in the first GGE. In preparation for this informal meeting, the Dutch government was cautious not to make the impression that it would surround itself with a core group that would decide everything amongst themselves. That is why it neither elaborated on the draft agenda of the GGE, nor officially mentioned the occasion during the CODUN of 29 January 2002.

During the Garderen workshop a substantial and operational strategy was elaborated upon. The objective was to achieve agreement on a negotiation mandate during the Meeting of States Parties to the CCW in December 2002. The five elements of the GGE mandate were extensively discussed. With respect to the operational aspects, it was decided that nine discussion papers were to be drafted for the first meeting of the GGE. The papers would be based on the five discussion topics of the mandate and they were divided among several countries present in Garderen. The objective would be to increase knowledge on the different topics.

In the end, twelve discussion papers were written by countries and NGOs and presented during the first meeting of the GGE (21-24 May).

The papers were submitted very late and could therefore not be discussed in depth. They were considered to be a basis for further reflection on the topic in the capitals concerned and for the identification of the crucial issues.

In Garderen it had also been decided to launch bilateral consultations. China would be addressed by the Netherlands; Pakistan by the UK; Cuba by Canada; the US by the Netherlands and the NGO community; and Russia would be approached by Canada and the Netherlands. During the meeting all proved to be very constructive. Not all of them expressed themselves warmly about technical solutions such as self-destruction devices, because of the related costs. But nonetheless all were interested in generic measures that would apply to all ERW after a conflict (i.e. clearance, provision of

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