The UN Security Council (UNSC) unanimously adopted a resolution (1540) on April 28, which, inter alia, asks all states to refrain from providing any form of support to non-state actors that attempt to develop, acquire, manufacture, possess, transport or use nuclear, chemical or biological weapons and their means of delivery.
The resolution also requires all states to adopt and enforce appropriate effective laws to implement this resolution. The resolution further seeks to prevent the proliferation of weapons of mass destruction (WMDs) by establishing appropriate control over related materials and border controls and law enforcement efforts to prevent illicit trafficking and brokering in these items through appropriate legislation and, when necessary, through international cooperation.
The Nuclear Non-Proliferation Treaty (NPT) already enjoins each nuclear-weapon-state party to the treaty not to transfer, to any recipient whatsoever, nuclear weapons or other explosive devices, directly or indirectly, and not in any way to assist a non-nuclear weapon state to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices. Each non-nuclear-weapon state party to the treaty is also required to support the nuclear non-proliferation regime in all its aspects.
Thus, the NPT was an effective instrument to attain the goals set forth in the UNSC resolution 1540. However, Pakistan, being a member of the Council, and in full agreement with the stated objective of the resolution and its provisions, supported its adoption to present a united stand, on behalf of the august world body, against the spread of nuclear and other WMDS.
It may, however, be pertinent to mention that Pakistan and India are the only two nuclear-weapon states who have not yet acceded to the NPT and are not willing to do so unless they are formally recognized as nuclear powers.
The recent remarks made by a senior State Department official, John Wolf, that the United States remains committed to universal adherence to the NPT and the steps taken by his country recently to strengthen relations with both these countries to advance its regional goals, enhance the fight against terrorism and to secure their cooperation on nuclear material export controls should not be taken to suggest that it has accepted the status of either country as a nuclear weapon state, under the NPT, are self-explanatory and quite significant.
These remarks, however, completely ignore the reality of the existence of nuclear weapons in South Asia and lead one to believe that the UNSC resolution of April 28 was actually designed to rope Pakistan and India into the process of nuclear non-proliferation, without conceding to their demand for nuclear status.
The adoption of the resolution in question under Chapter VII, making its provisions a binding obligation, was also a deliberate move to give the UNSC the power to enforce it, if necessary, by use of force against delinquent states.
The United States and other permanent members of the UNSC should, however, take a realistic view of the situation and recognize both Pakistan and India as de jure nuclear states to enable them to fulfil their obligations, stipulated under Article I of the NPT.
The argument that the acceptance of these countries as de jure nuclear states may prompt many other states to withdraw from the NPT to become nuclear states does not stand to reason.
As a matter of fact, a continued de facto nuclear status held by Pakistan and India, with no compulsion to honour the NPT obligations, holds more attraction to countries wanting to fulfil their nuclear ambition.
The text of resolution 1540 was ostensibly restricted to address proliferation by non-state actors and does not encompass other aspects of the nuclear disarmament. It is, however, feared that in the course of time the scope of this resolution may be enlarged to encompass those beyond non-state actors and terrorists.
Both, Islamabad and New Delhi, therefore, have reason to worry about the arbitrary manner in which the nuclear order is intended to be transformed and enforced by the five permanent members of the UNSC.
It should, however, be realized that the NPT is not an end in itself but a means and a step in the process towards global nuclear disarmament which is the only way to ensure international peace, security and stability.
The nuclear non-proliferation and nuclear disarmament are, thus, mutually complementary. Unless the nuclear-weapon states fulfil their commitment relating to nuclear disarmament, as required by UN Article VI of the NPT, all efforts to attain the goal of complete elimination of nuclear arsenal shall remain an illusion.
Regrettably, an indefinite extension of the NPT in 1995, at the instance of the United States, without specifying any deadline for fulfilling the treaty commitment by the five recognized nuclear states, was aimed at legitimizing the possession of nuclear weapons and their retention in perpetuity.
This runs counter to their advocacy for the treaty's universal adherence. It is bound to frustrate all efforts aimed at achieving global nuclear disarmament.
The nuclearization of South Asia has created regional stability and both, Pakistan and India, have ultimately realized that an open-ended estrangement between them was detrimental to their national interests.
Both have already embarked upon a process of normalizing their relations and have seemingly made impressive strides towards this end. It is hardly necessary to mention that their nuclear-deterrence relationship has been the driving force behind the peace move initiated by their leaders.
It, therefore, seems unlikely that Pakistan and India would be willing to renounce their nuclear capabilities at the present juncture.
However, in future, the two countries, following the pattern of regional nuclear free zones, already established in Latin America, Southeast Asia, South Pacific region and Africa may, through mutual understanding and consent, establish a similar zone in South Asia.
The NPT recognizes the right of any group of states to conclude regional treaties in order to ensure the elimination of nuclear weapons from their respective territories with a view to maintaining peace and stability there, in the spirit of peaceful co-existence and mutual understanding and cooperation, as embodied in the UN Charter and various other declarations.
The writer is a former ambassador.
Two episodes to learn from
By Farhatullah Babar
Recently, two separate incidents of the media blowing the whistle on and tearing apart the shroud of secrecy around military operations came to light. These have lessons for Pakistan.
In the first instance, the media splashed reports and pictures of the torture and humiliation of Iraqi prisoners in the Abu Ghraib prison in Iraq. The horrific reports and graphic pictures of torture led to a public apology by President Bush, the congressional grilling of Defence Secretary Donald Rumsfeld and a universal, unprecedented outpouring of scorn and hatred for the perpetrators of the crimes. This has weakened the staying and fighting power of the US in Iraq.
In the second episode, the Indian media exposed the falsehood of some claimed encounters in the Siachen glaciers last year. The Indian military had been routinely claiming encounters with the "enemy troops" in the snow-covered peaks of Siachen and the "killing" of the Pakistani troops.
To lend credence to its claims, videos had been made of the fake encounters and killings. But the media penetrated the shroud of secrecy and revealed that the videos were fake and tampered with.
The media questioned as to how enemy soldiers had been killed from a distance of over one kilometre by troops not trained to use sniper rifles. It questioned whether an air defence bunker claimed to have been destroyed was actually a Pakistani bunker.
As it turned out, the Indian troops had built the bunker on their side of the glacier and destroyed it themselves with rockets and mortars, while falsely claiming that a Pakistani bunker had been destroyed. Fictitious claims had been made by Indian troops apparently to win coveted gallantry awards.
The revelations by the media sent the Indian military establishment into a tailspin. It ordered an inquiry and was prompt in admitting the faked encounters with "enemy personnel" in the Siachen glacier last year. Action has been ordered against a colonel and two majors.
These two incidents in the span of a week hold important lessons for us. One is the courage of the media to investigate military related events and installations and its refusal to be intimidated by either the Pentagon or the Indian defence ministry into admitting that its forays into their domain was tantamount to endangering national security.
If the media were to go by the Pentagon's definition of national security, the world would have never known of the Abu Ghraib shame which would have continued even today.
If the Indian media had not challenged the defence ministry's concept of national security and not investigated the Siachen "encounters", vested interests on both sides of the border would have exploited fake claims of a hot war amongst the icy peaks to keep the pot boiling, asked for more military spending and covered up the military's misadventures elsewhere.
Our response to the two events is quite predictable. Public opinion has condemned the US for abusing Iraqi prisoners. We are also likely to sneer at the false claims of encounters in the Siachen glacier by the Indian troops. But in doing so, we are likely to miss the point where we ourselves are concerned.
It goes to the credit of the democratic systems in the US and India that the journalists who broke the stories were not picked up by the agencies for a thrashing and a subsequent trial for treason.
When the whistle was blown and the chips were down, the Indian army, within hours, came out clean with the episode. It neither made excuses nor demanded that the Army Act be applied to news reporters and civilians. The same can be said for the US and Britain for the way their institutions and societies reacted to the outrageous acts.
We can choose to smirk at or draw appropriate lessons from the way the two establishments responded to these events. We must recognize that it is less of a shame for an army to have faked encounters with the enemy than to refuse to admit its mistakes to the people.
We must learn to be open and transparent and not sweep ugly events or facts under the carpet on the pretext that national security would be compromised secrecy were not maintained.
In this respect, our record, unfortunately, is most dismal. Military spending is never brought before parliament for discussion because an open discussion is perceived as endangering national security.
The country's weapons systems are not questioned nor are security theories openly debated because only the military establishment (and not civil society) is considered as the sole repository of truth and wisdom in such matters.
The press in Pakistan has done fairly well under the circumstances. If it has not been able to ask questions it is not because it has not wanted to but because there is no freedom of information law in place yet which would give it the statutory right to ask questions and seek information. Even the toothless and ineffective freedom of information ordinance promulgated two years ago has not yet been enforced.
Parliament is a forum where different mechanisms are available to tear apart the shroud of secrecy around the doings of the establishment. But parliament has also been rendered ineffective as questions are not allowed to be raised and motions and resolutions killed in the chamber on the pretext that the issues that need discussion are "sensitive" and involve matters of "national security".
For instance why should parliament not be permitted to discuss the 1999 Kargil conflict or the Hamoodur Rehman Commission Report so as to draw appropriate lessons from them and recommend ways to strengthen national defence capabilities? Or, why should a bipartisan parliamentary commission not be formed to look into the allegations of nuclear exports and recommend appropriate measures for preventing nuclear sales in the future?
Similarly, why should a simple question as to whether any inquiry was held in the wake of the Kargil incident, and if so whether and when a report would be released, be disallowed for being "secret and of sensitive nature".
Or why should a question as to whether there is any law on the statute under which intelligence agencies/ISI conducted raids, detained and interrogated suspects and if there was any why it should not be allowed to be placed before the house for reasons of sensitivity and national security?
Yet this is what has been happening on many occasions to the question and motions sought to be raised by the opposition in the Senate. There are lessons in the events of Abu Ghraib and the faked Siachen encounters for all in Pakistan - the establishment, the media and parliament.