There has been a growing concern over advances in scientific and technological innovations of concern to Biological and Toxin Weapons Convention (BTWC). This issue has been discussed at number of forums as prelude to the 7th Review Conference on BTWC and reviews have been undertaken for in-depth analysis of the underlying questions related to provisions of the BTWC on identifying the science and technology (S&T) innovations of concern to the Convention; elements of dual applications for hostile and benign purposes; what policies, regulations and governance the State Parties are going to adopt to respond to the issues at the national and international level; the ways the identified issues are going to be addressed under the Convention in coming years; and the ways continued review of advancements are going to be monitored with active participation of the scientific community and the State Parties. Reports submitted at the Seventh Review Conference held in Geneva in December, 2011 addressed some of these issues, which are highlighted below.
A report on the inter-sessional programme (2007–2010) by the Implementation Support Unit (ISU), working papers by India and other countries like Australia, Japan and New Zealand on significant developments S&T of relevance to the Convention and potential areas for future consideration were submitted to the Conference. A review of the provisions of the Convention, article by article, including the articles impacted by the developments in S&T is undertaken below.
The Final Declaration at the Conference reaffirmed its conviction about the essentiality of the provisions of the obligations for international peace and security and to meet the goal of complete disarmament under strict and effective international control including the prohibition and elimination of all weapons of mass destruction repugnant to the safety of humankind.
The Conference reiterated its intent to invoke provisions of Article I and other related articles with special emphasis on developments in S&T and cooperation amongst the State Parties and the full and effective implementation of United Nations Security Council Resolution 1540 and other relevant United Nations resolutions against the terrorists acting for non-peaceful purposes.
Article I of the Convention covers all microbial or other biological agents or toxins in quantities that have no justification for prophylactic, protective or other peaceful purposes. Use by the States Parties of such agents, not consistent with prophylactic, protective or other peaceful purposes, for hostile purposes or in armed conflict, is considered a violation of the article. In this regard, experiments involving open air release of pathogens or toxins harmful to humans, animals and plants were considered inconsistent with the undertakings contained in Article. Since provisions of this article are applicable to all the scientific and technological developments in life sciences and in other relevant fields of science, in-depth analysis of developments in the field has been emphasised by a number of State Parties including India and accordingly inter-sessional discussions have been planned for the period 2012-2015. Specific subjects to be considered would include (a) advances in enabling technologies, including high-throughput systems for sequencing, synthesizing and analyzing DNA; bioinformatics and computational tools; and systems biology (2012), (b) advances in technologies for surveillance, detection, diagnosis and mitigation of infectious diseases, and similar occurrences caused by toxins in humans, animals and plants (2013), (c) advances in the understanding of pathogenicity, virulence, toxicology, immunology and related issues (2014), and (d) advances in production, dispersal and delivery technologies of biological agents and toxins (2015). Each Meeting of Experts would come out with a factual report reflecting its deliberations.
The Conference reaffirmed the provisions of Article III, which comprehensively cover recipients at the international, national or sub-national levels and called for appropriate measures, including effective national export controls, by all States Parties to ensure that no direct and indirect transfers are made relevant to the Convention, to any recipient when the intended use is for purposes prohibited under the Convention. However, the States Parties were cautioned not to use the provisions of this Article to impose restrictions and/or limitations on transfers for purposes consistent with the objectives and provisions of the Convention of scientific knowledge, technology, equipment and materials under Article X.
The Conference called upon States Parties to adopt under Article IV, the constitutional processes, legislative, administrative, judicial and other measures, including penal legislation, designed to enhance domestic implementation of the provisions of Article I of the Convention, take appropriate action against the defaulters under international laws; and ensure measures of safety and security of microbial or other biological agents or toxins of pilferage in laboratories, facilities, and during transportation against unauthorized access. The importance of national implementation measures were emphasised under the national laws, including measures of biosafety and biosecurity, voluntary management of standards on biosafety and biosecurity awareness among scientific community and professionals, voluntary development, adoption and promulgation of codes of conduct, enhanced capacity for surveillance and detection of outbreaks of disease at the national, regional and international levels to contain international spread of diseases.
The Conference reaffirmed full and comprehensive commitment to legal implementation of Article X to facilitate State Parties to have the right to participate in exchange of equipment, materials and scientific and technological information without hampering the economic and technological development of States Parties. The role of the private sector and UN bodies engaged in international cooperation was recognized to promote capacity building in the fields of vaccine and drug production, disease surveillance, detection, diagnosis, and containment of infectious diseases. Potential areas of cooperation include strengthening existing international organizations, networking on infectious diseases, epidemiology of disease outbreak, improved communication on disease surveillance, establishing and/or improving national and regional capabilities of surveillance, detection, diagnosis and combat of infectious diseases, development and production of vaccines and drugs, biological risk management and creating necessary infrastructure for the same. Public-private partnerships are considered to be effective measures of cooperation under the Article X. Conference agreed on the need of targeting and mobilizing resources, including financial resources, to facilitate maximum possible exchanges of equipment, material, scientific and technological information, specific needs and requirements and developing partnerships.
It is recognised that the Conference is aware of the fact that while scientific and technological developments in the field of biotechnology would increase the potential for cooperation among States Parties, they could also increase the potential for the misuse of both S&T.
The document submitted by the Implementation Support Unit highlighted significant developments in S&T at the inter-sessional programme (2007–2010) including enhancing international collaboration on enforcement of national of legislations; measures to improve biosafety and biosecurity; adoption and/or development of codes of conduct; assistance and exchanges in biological sciences and technology, capacity building for disease surveillance, detection, diagnosis, and containment of infectious diseases and strengthening national biological risk management. Significant advances of S&T with beneficial and harmful impact highlighted included;
The scope of Article I covers S&T developments relevant to the Convention. Article XII provides for five-yearly review of new scientific and technological developments relevant to the Convention. Article X facilitates cooperation for exchanges of scientific and technological knowledge, training of personnel, transfer of materials and equipments. The working paper submitted by India proposed to hold systematic and structured review of S&T developments within the framework of the Convention at the annual Meetings of Experts and Meetings of State Parties with maximum participation of industry, academia and the scientific community. The suggested reviews could include new scientific and technological developments with special relevance to disease surveillance, diagnosis and treatment of pandemics, identification of developments with potentials of misuse and particular concern with respect to bioterrorism with emerging risks in dual use research, voluntary Codes of Conduct inter alia for scientists, academia and industry, S&T developments of particular benefit to developing countries, developments in other multilateral organizations such as WHO, OIE, FAO and IPPC and communication strategies about risks and benefits of life sciences.
An international workshop, Trends in Science and Technology Relevant to the Biological Weapons Convention was held October 31–November 3, 2010 at the Institute of Biophysics of the Chinese Academy of Sciences in Beijing. This workshop was planned by an international committee appointed by the National Research Council (NRC) of the National Academy of Sciences and convened in cooperation with IAP–the Global Network of Science Academies, the International Union of Biochemistry and Molecular Biology (IUBMB), the International Union of Microbiological Societies (IUMS), and the Chinese Academy of Sciences. The report prepared by IAP, the Global Network of Science Academies, was submitted to the 7th Review Conference by ISU as an independent contribution by International Scientific Community.
The meeting discussed issues related to life sciences and related fields including pace of scientific and technological developments, diffusion and its applications, beyond traditional research institutions and the extent to which additional scientific and technical disciplines beyond biology are increasingly involved in life sciences research. It addressed the issues of challenges, monitoring and better management.
The developments in S&T were considered in terms whether scientific developments yield new or novel types of agents or materials that are not captured under the scope of Article I, adequacy of national implementation measures (Article IV), the capabilities to carry out investigations of the alleged use of biological weapons (Article VI) and the design of international cooperation to ensure the benefits of peaceful applications of biology (Article X). The workshop discussed ways in which the BTWC and its States Parties could continue to follow trends in S&T including potential mechanisms for more systematic engagement with the scientific community.
Significant observations were made on advances in S&T related to Convention. Some of the observations are:
The following are the observations of the group:
It is generally agreed that the advancements in S&T are within the scope of Article I. However, there could be new developments or surprise discoveries, for which continued monitoring and evaluation is important of advances in the life sciences relevant to BWC.
Beyond the question of whether these trends pose fundamental challenges to the scope of the treaty, every major article of the treaty will be affected by the developments surveyed. The trends may pose challenges to the implementation of some aspects, but they also offer important opportunities to support the operation of the convention.
The increase in pace, diffusion and convergence of S&T will continue for the foreseeable future. However, an in depth analysis and understanding of the factors including commercial interests responsible for driving the progress and technical roadblocks that impede it would provide a meaningful picture of how and when continuing S&T developments are likely to affect the convention.
Scientific community would play a major role in monitoring and assessment of trends in S&T and their implications for the BTWC. Intercessional discussions and other resources would feed information to the Review Conference, which would have to debate on ways and means of utilising the advice and analysis.
The advances in S&T have obvious implications for the BTWC with regard to the measures States Parties need to take to implement the provisions of the Convention and to prevent the use of biological or toxin agents for hostile purposes.
The author was formerly advisor to the Government of India in the Department of Biotechnology, Ministry of Science and Technology.
1. BWC/CONF.VII/INF.3; Add.1,2,3; Corr.1,2,3 New scientific and technological developments relevant to the Convention. Background information document submitted by the Implementation Support Unit
2. Life sciences and related fields: trends relevant to the Biological Weapons Convention Prepared by IAP–the Global Network of Science Academies contained in BWC/CONF.VII/INF.3
3. BWC/CONF.VII/7 Final Document of the Seventh Review Conference
4. BWC/CONF.VII/WP.3 Proposal for structured and systematic review of science and technology developments under the Convention Submitted by India
5. BWC/CONF.VII/WP.13 Proposal for the annual review of advances in science and technology relevant to the Biological Weapons Convention – Submitted by Australia, Japan and New Zealand
6. BWC/CONF.VII/COW/CRP.2 Outline of the Draft Final Declaration of the Seventh Review Conference – Submitted by the Chair of the Committee of the Whole