On 22 March 2023, China has submitted the Position Paper on Promoting International Cooperation on Peaceful Uses Under the Framework of the Chemical Weapons Convention to the Fifth Review Conference of the Chemical Weapons Convention. The full text is as follows:

1. It is the inalienable right of States Parties conferred by the Chemical Weapons Convention (hereinafter referred to as “the Convention”) to utilize science and technology in the field of chemistry for peaceful purposes and to carry out international cooperation. Article XI of the Convention stipulates that “the provisions of this Convention shall be implemented in a manner which avoids hampering the economic or technological development of States Parties, and international cooperation in the field of chemical activities for purposes not prohibited under this Convention including the international exchange of scientific and technical information and chemicals and equipment for the production, processing or use of chemicals for purposes not prohibited under this Convention”.

All Review Conferences of the Convention have reiterated the importance of international cooperation on peaceful uses, emphasizing that the full, effective and non-discriminatory implementation of Article XI is fundamental to achieving the objectives and purposes of the Convention and to the economic and technological development of States Parties. At the Tenth, Twelfth and Fourteenth Sessions of the Conference of the States Parties (hereinafter “the Conference”) in 2005, 2007 and 2009, three decisions on the full implementation of Article XI (C-10/DEC.14, C-12/DEC.10, C-14/DEC.11) were adopted. At the Sixteenth Session of the Conference in 2011, States Parties further adopted the decision on the Components of an Agreed Framework for the Full Implementation of Article XI (C-16/DEC.10), which proposed measures including strengthening national capacity-building of States Parties for the research, development, storage, production and safe use of chemicals; promoting exchanges among scientific communities, academic institutions, chemical-industry associations, non-governmental organizations, and regional and international institutions; enhancing the effectiveness of international cooperation programs; facilitating the exchanges of chemicals, equipment, scientific and technical information among States Parties, and called for providing financial support to the implementation of the above-mentioned measures and strengthening the oversight by the Conference and the Executive Council (hereinafter “the Council”) over the implementation of international cooperation. In accordance with relevant decisions adopted by the Conference, the Council has established an open consultation mechanism for the full implementation of Article XI.

2. The Non-Aligned Movement (NAM) and China have always been committed to promoting international cooperation on peaceful uses under the Convention. In 2007 and 2013, NAM and China submitted two working papers entitled “Indicative Elements of a Plan of Action on the Full Implementation of Article XI” (C-12/NAT.1) and “Proposal for a Plan of Action on the Full Implementation of Article XI of the Chemical Weapons Convention” (RC-3/NAT.13), calling for the formulation of a plan of action on the implementation of Article XI, and proposing basic elements for the plan. At various Review Conference, Conference of the States Parties and Council meetings, NAM and China have been repeatedly calling for strengthening international cooperation on peaceful uses in a concrete manner, including developing the above-mentioned plan of action.

3. In the 26 years since the entry into force of the Convention, under the concerted efforts made by the States Parties and the Technical Secretariat (hereinafter “the Secretariat”), positive progress has been made in the implementation of Article XI. With a focus on three key areas including integrated chemical management, enhancement of laboratory capacities and chemical knowledge promotion and exchange, the Secretariat has closely cooperated with States Parties, the World Customs Organization (WCO), the United Nations Environment Programme (UNEP), the International Science Foundation (ISF), the World Health Organization (WHO) and other international and regional organizations in conducting various activities, including capacity-building programs, workshops on implementation of the Convention, training courses for inspectors, assistance and protection courses against chemical weapons, laboratory twinning cooperation and associate programs, etc. They have carried out extensive cooperation and exchanges on international cooperation, national implementation, chemical safety and security, assistance and protection against chemical weapons, which benefits practitioners from governments, research institutions, enterprises and laboratories of the States Parties. Besides, the Secretariat has provided important support for capacity building in African countries by carrying out the Africa Programme.

On the other hand, international cooperation on peaceful uses in the field of chemistry still faces severe challenges. Developing countries continue to face excessive restrictions in obtaining materials, equipment and technology for peaceful purposes. Certain countries have overstretched the concept of national security for ideological purposes and abused non-proliferation export control, which have seriously undermined the peaceful uses and relevant international cooperation. The formulation of the plan of action for the implementation of Article XI called for by the developing countries has yet to be achieved. Efforts fall significantly short in the implementation of the decision titled “Components of an Agreed Framework for the Full Implementation of Article XI” adopted at the Sixteenth Session of the Conference, and no new decisions on implementing Article XI have been adopted by the Conference since 2011. The work of the OPCW is seriously polarized and politicized, and international cooperation faces challenges such as insufficient momentum and input. These challenges have exacerbated the concerns of developing countries that the right to peaceful uses lacks guarantee, and have hindered discussions on promoting peaceful uses and relevant international cooperation.

4. In 2022, the Seventy-seventh Session of the United Nations General Assembly adopted the resolution on Promoting International Cooperation on Peaceful Uses in the Context of International Security (hereinafter “the Resolution on Peaceful Uses” or “the Resolution”) for the second time. The Resolution stresses that the peaceful uses of science and technology are essential for sustainable development and that the right of all countries to the peaceful uses of science and technology is inalienable under international law. It urges the countries concerned to lift excessive regulations on developing countries and encourages dialogue and cooperation in this regard. The Resolution reflects the common position of the international community, especially of the developing countries. China will continue to promote the full and effective implementation of the Resolution and safeguard the common interests of the international community, and calls on all countries to support the Resolution and actively participate in the follow-up process.

The Resolution on Peaceful Uses is in line with Article XI of the Convention as well as the relevant outcome documents of the Review Conferences and decisions of the Conference of the States Parties. The Resolution noted in particular that it welcomes various initiatives for promoting international cooperation on peaceful uses, including a plan of action for the full implementation of Article XI of the Convention. The full and effective implementation of the Resolution will build new consensus and give more traction to the implementation of Article XI.

5. We call on States Parties to take the opportunity of the Fifth Review Conference to combine the implementation of the Resolution on Peaceful Uses of the UN General Assembly with the planning for the implementation of Article XI of the Convention, take into full consideration the report of the UN Secretary-General and the views and recommendations contained therein, which is requested by the Resolution on Peaceful Uses, focus on the issues that have long been of concern to developing countries, and give higher priority to the issue of peaceful uses and development, so as to come up with new ideas and break new ground for the implementation of Article XI. China calls on the Review Conference to take the following actions:

(a) To reiterate the political commitment to the full, effective and non-discriminatory implementation of Article XI.

(b) To underline that under the Convention and other frameworks, all States Parties shoulder non-proliferation obligations, enjoy the right to peaceful uses of science and technology, and have the obligation to promote peaceful uses and relevant international cooperation, and that the three aspects are equally important. Further affirm that the fundamental purpose of peaceful uses of science and technology is to promote sustainable development, and that according to the spirit of the Declaration on the Right to Development, the right to peaceful uses should be an important aspect of the right to development, and thus a basic human right that cannot be deprived.

(c) To urge all States Parties, without prejudice to their non-proliferation obligations, to take concrete measures to promote peaceful uses and international cooperation in the field of chemistry. All excessive restrictions, including unilateral coercive sanction measures that are contrary to the spirit of the Convention, should be removed.

(d) To request the Conference to authorize the establishment of a dialogue mechanism such as open-ended working groups (OEWGs) to conduct result-oriented dialogue and consultation with universal participation of States Parties on promoting peaceful uses and relevant international cooperation in the field of chemistry, including on identifying gaps, challenges, as well as ideas and plans to strengthen cooperation. On this basis, request the Secretariat to provide a report on the full, effective and non-discriminatory implementation of Article XI especially on the gaps and challenges, and to submit the report to the Conference for review.

(e) To request the Council to discuss and develop concrete measures and recommendations on the full implementation of Article XI. On this basis, a feasible plan of action shall be formulated and submitted to the Conference for review. Request the Conference to establish a mechanism to review transfer denials among States Parties of chemicals, equipment, and science and technology in the field of chemistry.

(f) Encourage States Parties to adopt confidence building measures which aim at promoting international cooperation on peaceful uses, including reviewing their national regulations related to the transfer of chemicals, equipment, and science and technology in the field of chemistry in order to ensure their consistency with the provisions of Article XI; reviewing their measures in promoting the transfer of technology and international cooperation in the field of chemistry, and submitting reports to the Conference at regular intervals; reviewing transfer denials of chemicals, equipment, and science and technology in the field of chemistry to other States Parties, and their communication on such denials, and submitting reports to the Conference at regular intervals. In this regard, developed countries with advanced chemical industries and technologies should take the lead.

(g) Request the OPCW to ensure budgetary inputs for activities related to Article XI, which should give priority to developing countries; establish an international cooperation fund which will be managed by the Secretariat and encourage States Parties to make contributions on a voluntary basis; support the OPCW Centre for Chemistry and Technology in playing an important role in international cooperation.