Saturday, June 4, 2011

Renewing 1540 again - 1810 (2008)

S/RES/1810 returns to most of the concepts already established in S/RES/1673 and S/RES/1540 when it comes to considering proliferation a threat to international peace and security, stressing the relevance of the 1992 Presidential Statement, reaffirming that it does change the commitments under previous multilateral agreements, calling for cooperation in illicit trafficking and also stating that there can be action against violators under the options of the Charter. The preamble also praises the work already developed by the 1540 Committee and stress the importance of the report that was requested at S/RES/1673 two years before. It also reaffirms that the work of the committee is a long-term task, a detail that first appeared on S/RES/1673 as well. The innovation on this preamble is the portion that deals with the role of the 1540 Committee in terms of dialogue between it and Member States also the committee’s role in trying to enhance coordination efforts at all levels. In a passing note, S/RES/1810 references the issue of financing of proliferation activities being dealt under the Financial Action Task Force. As S/RES/1540 and S/RES/1673, S/RES/1810 acts under Chapter VII of the Charter.


The operative clauses of S/RES/1810 return to the importance of implementing S/RES/1540 and again calls for States that have not submitted the report that was due six months after S/RES/140 to do so. Additionally, they also call the State to submit additional information on the implementation of the original resolution, an element that first came into light in S/RES/1673. The innovation of S/RES/1810 is a call for “all States to prepare on a voluntary basis summary action plans, with the assistance of the 1540 Committee as appropriate, mapping out their priorities and plans for implementing the key provisions of resolution 1540 (2004), and to submit those plans to the 1540 Committee”. This is the third document that the 1540 Committee is requiring from the Member States since its inception. There is another function that is added to the committee in 2008, which is to assume a role of coordination between the countries that need assistance and the ones that can deliver it. For this, S/RES/1810 calls the States and international, regional and subregional organizations able to provide assistance to inform until June 25th, 2008 the areas that they are able to do so. It also utilizes the June 25th, 2008 deadline to call for a point of contact for assistance to be informed to the 1540 Committee.

On operative clause seven, S/RES/1810 requests the committee to complete the report that it asked for in the 2006 resolution and submit it before the July 31st, 2008 deadline. In this same impulse it calls for a comprehensive report on the implementation of the S/RES/1540 to be considered by the Security Council by January 31st, 2009. It also calls for the 1540 Committee to submit an annual Program of Work to the UNSC before the end of each January to help guide their works intensifying the efforts of promoting the full implementation of S/RES/1540, in the language that they utilize. In order to develop all these added functions in its forth year of existence, the 1540 Committee gains more three years of mandate, until April 25th, 2011, to be continued with assistance of experts. In this regard, S/RES/1810 enlarges the functions that the 1540 Committee had and also incorporates these experts in the work of the body. It is interesting to point out that there is no guidance in the resolution how these experts are to be chosen or what will be their assistance.

Operative clause eleven, reinforces the calls for dialogue and cooperation to implement the resolution on its fullest calling for dialogue between the Committee and the States, including also sharing of experience and lessons and providing opportunities for the interested parties to meet each other. There is a stress in the facilitation of technical assistance as on of the roles that the 1540 Committee has to take on. It also reiterates a need to enhance cooperation between two other committees established under the Security Council, namely the committee on Al-Qaida and Taliban and the committee on counter-terrorism. This clause calling for internal cooperation can have several reasons to come into existence, but it does seem like a desired practice to have to enunciate in a Security Council resolutions that the committee under its authority with the same membership should work together when plausible. There is still two important elements in the resolution. One is the mention of voluntary financial contributions for the work of the 1540 Committee, which calls for yet another report on financing to be sent to the UNSC no later than December 31st, 2008. The second one is a decision that the 1540 Committee will submit to the UNSC a report on the compliance with S/RES/1540 before April 24th, 2011 in order to help evaluate the possible extension of the mandate. As always it remains seized of the matter.

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