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Chemical Weapons Convention Implementation in Pakistan

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Chemical Weapons Convention Implementation in Pakistan SAFETY AND SECURITY OF CHEMICAL INDUSTRY: CHEMICAL WEAPONS CONVENTION IMPLEMENTATION IN PAKISTAN A thesis submitted to the Department of Defence and Strategic Studies Quaid-i-Azam University, Islamabad in partial fulfillment of the requirements for the award of DOCTOR OF PHILOSOPHY IN DEFENCE AND STRATEGIC STUDIES by Naeem Haider DEPARTMENT OF DEFENCE AND STRATEGIC STUDIES QUAID-I-AZAM UNIVERSITY ISLAMABAD, PAKISTAN MAY 2014 DECLARATION I hereby declare that this thesis is the result of my individual research and that it has not been submitted concurrently to any other university for any other degree. Naeem Haider May 2014 APPROVAL The Ph.D. thesis Safety and Security of Chemical Industry: Chemical Weapons Convention Implementation in Pakistan by Naeem Haider has been written to my satisfaction, which meets the required standards of research for the award of Ph.D. degree. Therefore, the thesis is approved for external evaluation. Dr. Zafar Nawaz Jaspal Associate Professor Director (SPIR)/ Supervisor May 2014 CONTENTS Page ABSTRACT viii ACKNOWLEDGEMENTS x ABBREVIATIONS xi LIST OF TABLES xiii INTRODUCTION 1 Objective of the Study 9 Definition of the Problem 9 Review of Literature 10 Research Framework 29 Research Methodology 29 Limitations of the Study 31 Organization of the Study 32 CHAPTER 1 THEORETICAL FRAMEWORK: LEARNING FROM REGIME THEORY 37 PART- I: REGIME THEORY 39 1.1 Conceptualizing Regime Theory 39 1.2 Evolution of International Regimes 42 1.3 Determinants for the Efficacy of Regime 44 1.4 Efficacy of Regime: An Appraisal 49 1.5 Regime Theory: Various Schools’ Perspectives 51 1.6 Transformation: From Regime to Institutions 55 1.7 Institutionalism: Various Schools’ Perspectives 63 PART- II: REGIME THEORY & CHEMICAL WEAPONS CONVENTION 68 1.8 Evolution of the Regime of Chemical Weapons 68 1.9 Four Pillars of CWC 70 1.10 CWC Not Self-Implementing Regime 70 1.11 Regimes and Their Supporting Organizations 71 1.12 CWC: Variables of the Regime 72 1.13 CWC: Various Aspects of the Regime 77 1.14 Conclusion 85 CHAPTER 2 CHEMICAL INDUSTRY: SIGNIFICANCE AND CHALLENGES 89 2.1 Significance of Chemical Industry 89 2.2 Evolution of Chemical Industry 90 2.3 Chemical Industry and CWC 94 2.4 Modern Trends in Chemical Industry 95 2.5 Challenges to Chemical Industry 97 2.6 Impact of Scientific and Technological Developments 104 2.7 Lack of Awareness Regarding CWC in Chemical Industry 106 2.8 Conclusion 108 CHAPTER 3 CHEMICAL WEAPONS CONVENTION : A CRITICAL APPRAISAL 110 3.1 National Implementation Measures under CWC 111 3.2 Need for Transformation of OPCW 113 3.3 Need to Intensify Routine Industrial Verification under CWC 119 3.4 Consultations, Cooperation and Fact Finding 126 3.5 Assistance and Protection against Chemical Weapons 129 3.6 National Protective Programmes under CWC 134 3.7 Export Control Regime under CWC 136 3.8 Scientific and Technological Developments and Implications for CWC 143 3.9 Conclusion 146 CHAPTER 4 COUNTERING CHEMICAL PROLIFERATION AND TERRORISM 150 4.1 General: Chemical Proliferation and Terrorism 150 4.2 Prospects of WMD Terrorism 153 4.3 CWC Role: Countering Chemical Proliferation and Terrorism 160 4.4 OPCW Role: Countering Chemical Proliferation and Terrorism 167 4.5 Industry Role: Countering Chemical Proliferation &Terrorism 178 4.6 Conclusion 182 CHAPTER 5 SAFETY AND SECURITY OF CHEMICAL INDUSTRY 186 5.1 Major Chemical Disasters 188 5.2 International Initiatives for Management of Chemicals 195 5.3 Prevention of Chemical Accident 198 5.4 Preparedness for Chemical Accident 205 5.5 Response to Chemical Accident 210 5.6 Trans-boundary Cooperation 216 5.7 Site Security of Chemical Industry 217 5.8 Security of Hazardous Chemicals Transportation 220 5.9 Cyber Security in Chemical Industry 224 5.10 Conclusion 227 CHAPTER 6 PAKISTAN: MANAGEMENT OF CHEMICALS 231 6.1 Overview of Pakistan Chemical Industry 223 6.2 Legal and Regulatory Mechanism for Managing Chemicals 239 6.3 Non-regulatory Mechanism for Managing Chemicals 251 6.4 Multilateral Instruments 253 6.5 Ministries and Agencies Managing Chemicals 255 6.6 Inter-Ministerial Coordinating Mechanism for Chemicals 258 6.7 Role of Community and Public Interest Groups 259 6.8 National Chemical Disaster Management 261 6.9 Realistic Account 265 CHAPTER 7 PAKISTAN: CHEMICAL WEAPONS CONVENTION IMPLEMENTATION 271 7.1 Pakistan National Authority on CWC 273 7.2 Pakistan CWC Implementation Ordinance 2000 279 7.3 Pakistan CWC Implementation Rules 2010 284 7.4 Pakistan Export Controls Act/ Regime 2004 290 7.5 Pakistan Export Controls under CWC 293 7.6 Pakistan Export & Import Policy Order 2013 296 7.7 Pakistan Environmental Protection Act 1997 298 7.8 Conclusion 302 CHAPTER 8 PAKISTAN’S CHEMICAL INDUSTRY: CRITICAL EXAMINATION OF SAFETY AND SECURITY APPARATUS 305 8.1 Collection of Empirical Data 306 8.2 Declared Chemical Industry: Safety and Security 310 8.3 Other Chemical Industry (OCIs): Safety and Security Puzzles 323 8.4 Safety and Security of Chemical Industry: National Concerns & Requirements 329 8.5 Conclusion 338 CONCLUSION 341 BIBLIOGRAPHY 356 GLOSSORY 403 APPENDICES Appendix I CWC Article- I, General Obligations 413 Appendix II List of Schedules of Chemicals 414 Appendix III CWC Regime for Declarations and Verification of OCPFs 417 Appendix IV CWC Article- VII, National Implementation Measures 423 Appendix V Pakistan CWC Implementation Rules, 2010 425 ABSTRACT In the prevailing national and global security environment, the illegal proliferation of chemicals, the safety and security of chemical industry and above all chemical terrorism present grave challenges. The Chemical Weapons Convention (CWC), however, spells out an appropriate mechanism for addressing said threats. Although, this germinates optimism, yet it is very much dependent on the national efforts of the CWC States Parties. Moreover, the said challenges also necessitate the reevaluation of the mandate, priorities and functioning of the Organization for the Prohibition of Chemical Weapons (OPCW). Pakistan being a State Party to the CWC attaches great importance to the effective national implementation of the Convention and has established National Authority on CWC, and enacted necessary and comprehensive legislative and administrative measures. Nonetheless, the National Authority needs to be revitalized and its monitoring and outreach roles and capacity need to be enhanced in the light of the General Purpose Criteria of the CWC (catch-all clause). The declared chemical industry of Pakistan and other larger enterprises maintain good standards of ‘safety and security’. However, the small and medium industries (termed ‘Other Chemical Industry’) require definite improvement. Moreover, various ministries and organizations managing chemicals and related facilities need better coordination, and to develop monitoring and implementation capacities for the safe and secure management of chemicals, related facilities and addressing national concerns, such as, the misuse of chemicals by terrorists, smuggling, improper chemical waste disposal, environmental harm, workers and community health and safety issues, and lack of safe and secure chemical transportation system. DEDICATION This study is dedicated to my wife Farzana Naeem ACKNOWLEDGEMENT I am thankful to Allah the almighty for giving me the desire and everything needed for this study. I offer profound gratitude to my supervisor Dr. Zafar Nawaz Jaspal, Director School of Politics and International Relations (SPIR), Quaid-i-Azam University (QAU), Islamabad, who supervised, supported and guided me throughout this thesis with his patience, keen interest, magnanimous approach, thoughtful discussions and authoritative direction. I am extremely grateful for the support of my teachers from the Department of Defence and Startegic Studies (DSS), QAU, especially Professor Rasheed Khalid Chairman DSS Department, Professor Jamil Raza, Professor Nasrulla Mirza, Dr. Shabana Fayyaz, Professor Salma Malik and Dr. Mansoor Ahmed. I am also indebted to Dr. Tahir Amin, Director National Institute of Pakistan Studies, Mr. Zafar Ali, Director General Strategic Export Control Division, Dr. Shahid Bukhari, Assistant Professor Bahawalpur University, Ms. Maryam Baba and Ms. Haleema International Research Analysts at Strategic Plans Division for their guidance and support. I am humbled to my friends and associates who cheerfully helped me, when ever I needed them, especially, Mr. Khalid Ashraf, Mr. Arif Ashraf, Mr. Pervaiz Irfan, Mr. Nasir Mahmood Bhatti, Mr. Muhammad Saad, Mr. Muhammad Yasir, Mr. Abdul Aleem, Mr. Tahir, Mr. Aziz-ur-Rehman, Mr. Noman Shahzad, Mr. Kamran Ahmad, Mr. Gulfaraz Shah and Mr Muhammad Rizwan. I am thankful to my late parents Professor Haider Khan, Mrs. Gul Shama and Mrs. Alam- ara- Farhan, who taught me the value of learning in life. Finally, I have no words to thank my wife Farzana Naeem for her kind support, care, encouragement and above all her prayers. Naeem Haider 16 May 2014 ABBREVIATIONS AG Australia Group AN Ammonium Nitrate AFLCIO American Federation of Labour & Congress of Industrial Organization BW Biological Weapons BWC Biological Weapons Convention CAN Calcium Ammonium Nitrate CASR Central Abstract Service Registry Number CBO Community Based Organizations CBRN Chemical Biological Radiological and Nuclear Cefic European Chemical Industry Council CFATS Chemical Facility Anti-Terrorism Standards CHE Chemical Hazards Evaluations Chem- bio Chemical and Biological CSP Conference of the States Parties CTITF UN Counter Terrorism Implementation Task Force CW
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