For a world free of chemical weapons

For a world free of chemical weapons

Article:  

1.    Krishnadas Rajgopal, legal correspondant with The Hindu dicusses about the provisions of Chemical Weapons Convention Act,2000.

 Important facts:

2. About the Chemical Weapons Convention

•  The Chemical Weapons Convention (CWC) is a multilateral treaty that bans chemical weapons and requires their destruction within a specified period of time.
• The treaty is of unlimited duration and is far more comprehensive than the 1925 Geneva Protocol, which outlaws the use but not the possession of chemical weapons.
•  The CWC is implemented by the Organization for the Prohibition of Chemical Weapons (OPCW), which is headquartered in The Hague.

3.  About the Chemical Weapons Convention Act, 2000

• The Chemical Weapons Convention Act (CWCA) was enacted in 2000 to give effect to the  the treaty provisions of Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction.
• The Act defines chemical weapons as toxic chemicals, including munitions and devices, specifically designed to cause death or other harm and also includes in its ambit “any equipment” specifically designed for employing chemical weapons.
• The Act empowers the Centre to set up a National Authority to act as the “national focal point” to effectively communicate with organisations and other state parties on matters relating to the Convention.

 4.   Powers of National Authority for Chemical Weapons Convention (NACWC)

• NACWC regulates and monitors the development, production, processing, consumption, transfer or use of toxic chemicals or precursors as specified in the Convention.
•  The Authority is also empowered to issue directions and even close down facilities which violate the Convention.
• It can liaise with other countries to seek or give assistance and protection against the use of chemical weapons.
• Inspections of NACWC extend to any place where any chemical weapon, old or abandoned is located, or where a chemical weapon production facility exists.
• Section 19 of the Act gives full power of inspection of any person who is engaged in the production, processing, acquisition, consumption, transfer, import, export or use of any toxic chemical or discrete organic chemical.
• The Act also allows inspections teams accomanied by Enforcement Officer to conduct “challenge inspections” of chemical facilities in the company of an Observer.

5.  RECENT AMENDMENTS

Section 9 of the Act was widened in 2009 to give the Centre power to appoint any of its own officers, other than those of the National Authority, as enforcement officers.

• Section 16 of the original Act restricted the transfer of any toxic chemical or precursor by any person to someone who is not a party to the CWC . This has been amended to provide that no person shall transfer to, or receive from, a state which is not a party to the CWC.