Matthew Bolton, director of Pace University’s International Disarmament Institute, published the following op-ed in the Nuclear Ban Daily on 21 June, regarding positive obligations in the Nuclear Weapons Ban Treaty, currently being negotiated at the UN in New York. For more a detailed report on his research regarding positive obligations, click here.
The stories and examples of victims and affected communities have been used as the justifying case for the nuclear ban treaty. For example, the second paragraph of the Humanitarian Pledge asserts that “the rights and needs of victims have not yet been adequately addressed.”
As a result, it is crucial that the nuclear weapon ban treaty include robust positive obligations on states to provide victim assistance and remediate the environment. The provisions in Article 6 and 8 of the current draft treaty enable states to seek and provide assistance for victims and in remediating environment contaminated by the use or testing of nuclear weapons.
But they must be strengthened to ensure that victims and affected communities are treated as people with rights, not objects of charity. In particular, the preamble should be bolstered with references to human rights and environmental law, particularly regarding the impact on victims, indigenous peoples, gender equality, and sustainable development.