Disarmament in Review
The Republic of Madagascar has long been engaged in the global disarmament and non-proliferation agenda with respect to conventional weapons and weapons of mass destruction. The country has undertaken deliberate efforts to translate its international commitments into legal, institutional and operational measures at the national level.
Madagascar is also among a handful of African States to adopt a voluntary national implementation action plan on United Nations Security Council resolution 1540 (2004). Its first action plan for the phase 2019-2023 was further reviewed and renewed for another three years up to 2026. Among the priorities of the current plan is strengthening implementing legislation in line with the international instruments and enhancing export and border controls to prevent illicit proliferation.
The United Nations Office for Disarmament Affairs (UNODA) has been a consistent partner for Madagascar, supporting the development and review of its 1540 action plan and reviewing the national legal framework to align it with the requirements of the Biological Weapons Convention (BWC).
Against this background, UNODA partnered with the European Union Partner-to-Partner Export Control Programme for Dual-use Goods (EU P2P) in organizing a workshop on Enhancing Legislation and Control Measures to Prevent the Proliferation of Nuclear, Chemical and Biological Weapons and Related Materials, from 12 to 14 August 2024 in Antananarivo.
The workshop had two objectives. The first was to improve stakeholders’ understanding of transfer control obligations, including border and export controls, under the NPT, the CWC, the BWC and Resolution 1540 with a view to determine the next steps towards developing a national control list. The second objective was to inform stakeholders on the importance and elements of a national legal framework for the implementation of the BWC, discuss the conclusions and recommendations contained in the UNODA analysis report, and finalize the content of the draft law on the BWC to enable Madagascar to initiate the next steps in the BWC legislative process.
The workshop was attended by 41 officials from 20 national government institutions, constituting the focal points of the National Working Group on Arms Control, led by the Ministry of Armed Forces. Subject matter experts attended from UNODA, EU P2P, the Security Council Committee established pursuant to the resolution (1540 Committee), INTERPOL and the World Customs Organization (WCO).
The workshop was highly interactive and provided national stakeholders with the opportunity to discuss legislative, operational and institutional matters, especially the need to continue fostering inter-agency collaboration and coherence. It was noted that the National Working Group on Arms Control currently consists of nearly 60 contact points in the different agencies, of which 22% are women, a 2% increase since 2022.
Parallel sessions on border and export controls provided participants with a comprehensive understanding of the concepts, principles and components of a national export control system, including national control lists, and the general principles and good practices in the licensing process. As a result, the topics of law enforcement, investigations and prosecution of offenses were covered in depth. The role of INTERPOL and WCO in capacity building and in aiding law enforcement efforts at the regional and global levels was also discussed. Finally, participants were sensitized to the importance of legislation as the foundation for an effective rule-of-law-based export control system for dual-use goods.
Notably, the participants benefited greatly from a comprehensive presentation on the experience of the Kingdom of Morocco in developing its national export control system, delivered by a representative of Morocco’s Ministry of Industry, Trade and Digital Economy.
The participants discussed the scope and process for developing dual-use goods export control legislation and a national control list. Many participants emphasized the importance of enhancing import and export control in a matter that meets, in a balanced manner, Madagascar’s non-proliferation obligations as well as its international trade objectives. Participants also discussed the utility of existing multilateral control lists and how they can provide a good foundation for the envisaged national list to ensure compatibility and interoperability with international trading partners.
The parallel sessions on the BWC raised stakeholders’ awareness about the elements of a legal framework, the related international instruments and the comparative approaches to developing BWC legislation. Parallel participatory sessions were also dedicated to drafting domestic BWC law. With UNODA’s facilitation, participants addressed the different components of the draft, including criminal provisions, transfer control regime, licensing process, inspections, biosecurity, biosafety, as well as institutional matters.
The parallel sessions on the BWC also reviewed the draft law on biological weapons and toxins, and an explanatory memorandum relating to the draft law, which were developed by Madagascar in May 2024 on the basis of the analytical report developed by UNODA.
The outcomes of the workshop will be presented to the higher authorities in Madagascar to approve the recommendations and next steps identified at the workshop. The draft BWC law will also be finalized and submitted for approval and debate at the parliament.
The workshop was successful as confirmed by the participants in the post-event survey. 89% of the participants described the workshop as ‘excellent’ or ‘very good’. 96% also agreed or strongly agreed with the statement that the sessions clearly explained the topics of resolution 1540 and the BWC.
The workshop was supported by the Global Partnership Against the Spread of Weapons and Materials of Mass Destruction and the European Union contribution to the UN Trust Fund for Regional and Global Disarmament Activities.
UNODA is particularly grateful to the Kingdom of Morocco for its substantive contribution to the workshop and for sharing its national experience with States in the region.
For more information, please contact UNODA’s 1540 Support Unit (unoda-1540-unhq@un.org) and BWC Programme (bwc@un.org).
