Version 2: 2 December 2020
SALW POA
FOOD FOR THOUGHT: HOW MIGHT THE
OEWG BORROW FROM/MODIFY/IMPROVE
ON THE SALW POA WHEN ESTABLISHING A
NEW CYBER MECHANISM
4. SAWL Rules of Procedure
Each Conference and Biennial Meeting adopt their own Rules of
Procedure (ROP). While there are some small differences iii, the
Review Conferences and Biennial Meeting are largely identical to
those of the 2001 Conference.
The Cyber POA Rules of Procedure
should require agreement on all
substantive issues by consensus
(including reports, recommendations,
and declarations of the Cyber POA).
The 2001 Conference Rules on decision making state: “Every
effort should be made to reach agreement on substantive
matters by means of consensus. There should be no voting on
such matters until all efforts to achieve consensus have been
exhausted” (rule 33). It then sets out rules for voting (substantive
matters must pass by a two-thirds majority; procedural matters
by a simple majority; the decision of procedural vs substantive is
one for the President).
The Reports of the Conference in 2001 and 2012 were agreed by
consensus. The Conference of 2006 was not able to agree to
conclude a final document. In 2018, voting was called for the
inclusion or deletion of particular paragraphs in the outcome
document. It then adopted its report to the General Assembly
(A/Res/73/168) by consensus.
5. Legal status of the SALW POA
The SALW POA comprises a voluntary, though politically binding,
set of commitments.
After establishment of the SALW POA, UNGA subsequently
established:
• SALW International Tracing Instrument: a politically (not
legally) binding instrument developed within the policy
framework established by the SALW POA. iv
• Arms Trade Treaty: a legally binding instrument
regulating international transfers of conventional
weapons (including SALW). v
Part Two: Substantive issues
The Cyber POA could comprise a
voluntary, but politically binding, set of
commitments articulated in a Political
Declaration (see also #6, below).
Adoption of the Cyber POA would not
necessitate nor prevent development of
further politically or legally binding
instruments on the same or related
subject matter.
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