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What is the IWC?

An Introduction to the International Whaling Commission ---
  THE ICELAND CAPER . . .

(the story of how Iceland got readmitted to the IWC)

Usually there is one annual meeting of the IWC. However, additional meetings are on the rise, and in October 2002, an Intersessional (between regular annual "sessions") had to be held in Cambridge, England, to address some unfinished business concerning aboriginal subsistence whaling from the previous meeting in Shimonoseki, Japan (IWC-54) in June of that year. At this particular Intersessional, there were 12 countries who were either not in attendance or couldn't vote for dues-related reasons; i.e., nearly 25% of the Commission was absent.

Iceland has not been a member of the IWC since 1992, but it had stopped all whaling (commercial and "scientific") three years before that when international pressure forced Japan into discontinuing buying Iceland's whale products.

In Shimonoseki (IWC-54 in 2002), and in London the year before (IWC-53), Iceland's application for rejoining the IWC "with a reservation" (to the moratorium) was rejected by the Commission precisely because it legally cannot rejoin with such a reservation (under the ICRW, the "Convention" that all Commission countries agree to adhere to). However, despite this, the US, acting as the depositary for Iceland's application, accepted the application as valid. The US also made no further comment during the meeting on the issue as it headed for a vote. There was much procedural maneuvering on the part of the pro-whaling bloc, and when the vote was called, the Chair, Bo Fernholm, allowed Iceland to vote! Even though it wasn't a member! The results were 19 for Iceland's readmission, 18 against. Thus Iceland, illegally being allowed to vote for itself, gave itself membership in the IWC with an illegal reservation.

Within 48 hours of the close of the Cambridge meeting, Iceland announced it would resume "scientific" whaling in the summer of 2003, giving itself a quota of 500 minke whales over two years. It ended up taking 38 in the summer of 2003. Iceland intends to resume full-scale commercial whaling in 2006.

Not only has this set a very worrisome precedent for current member nations to leave and then rejoin the IWC with a similar reservation -- thus making moot the moratorium -- but the entire process itself flouted the ICRW where it would appear that such a reservation should have required a 3/4 majority approval, not a simple majority, by virtue of it being a de facto Schedule amendment. A long-time observer of the IWC, Dr. Sidney Holt, has serious concerns for [the organization's future] - to read more, see: HoltSidney-IWC.pdf

Needless to say, this isn't the last we'll hear of the issue of Iceland's membership, although Chair Fernholm refused to allow further discussion of it at the regular annual meeting in Berlin in July 2003. IWC-56 will take place in Sorrento, Italy, in July 2004, and will be helmed by new Chair, Henrik Fischer.

What is the International Whaling Commission (IWC)?

The International Whaling Commission is the only regulatory body with the authority to manage the world's whale stocks. It is currently composed of over fifty member nations, referred to as "parties to the Convention." The "Convention" is the International Convention for the Regulation of Whaling (ICRW), the legal instrument all members agree to uphold. Within the Convention is the "Schedule" which specifies which whales may be hunted, when, where and by whom.

The IWC's purpose is to "provide for the proper conservation of whale stocks and thus make possible the orderly development of the whaling industry." Please visit the IWC's website for more information on the Convention, reports from past meetings, and for a list of publications available for sale: www.iwcoffice.org

The IWC meets once a year in a different country hosted by a member nation. Sometimes it meets between these regular annual sessions, in meetings called "intersessionals," if there are issues or business that are too important to put off until the next regular session. Member nations send delegations to the IWC, the primary delegate called that country's "Commissioner." There are also "Alternate Commissioners" and various support staff on each delegation. Most countries send 3-5 delegates. Japan sends 50-60.

In addition to the Commission's week-long meeting, called the Plenary, various sub-committees (or, sub-groups) of the Commission meet in the weeks prior to the Plenary. The most important of these groups is the Scientific Committee which convenes 3 weeks prior to the Plenary. Other sub-groups -- budget, finance and administration, aboriginal subsistence whaling, conservation, infractions, whale killing methods, revised management scheme -- meet the week immediately prior to the Plenary. All sub-groups give a report in the Plenary, and issues arising from those reports are voted on by the Commissioners.

Inter-governmental and non-governmental organizations (IGOs and NGOs respectively) are also allowed to attend but must first seek accreditation from the IWC. Around 100 IGOs and NGOs attend each year's meetings. Neither IGOs nor NGOs are allowed to vote. IGOs may be allowed to make oral reports to the Plenary. All member nations, IGOs, and NGOs are allowed to submit written Opening Statements that become part of the official record of each meeting.

As an accredited NGO for many years, ACS sends a representative to the IWC to observe first-hand the international regulatory and management process and provide information back to ACS's members. In addition to observing, NGOs are very active in contacting Commissioners from member nations about issues under consideration, provide Commissioners with information, and lend support to other like-minded NGOs on issues of mutual concern.

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Introduction by Katy Peland. Katy Penland has been an advocate for the whales since 1992 when she joined ACS. After serving on the Los Angeles chapter board both as programs chair and as the chapter's delegate to the national organization, she went on to serve as ACS's national president for 1 1/2 terms and on its National Conservation Committee for three years. Her specialty is issues, and particular interests are sound pollution in the marine environment, domestic marine mammal policies, and international treaty law regarding whaling. Katy Penland represented ACS at the IWC in 2000, 2001, 2003 and 2004.

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