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Recommendation 10 |
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The Committee recommends that the Australian Government
encourage an early conclusion to the negotiation of a replacement nuclear
weapons reduction treaty by the United States and Russia, involving deep,
verifiable and irreversible cuts, followed by its prompt ratification and
entry into force. |
7.16 Article VII of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) affirms the right of parties to conclude regional treaties that ban nuclear weapons in their respective territories.[15] Since the negotiation of the NPT, a number of such agreements have been negotiated in different regions throughout the world. These multilateral regional treaties are commonly referred to as nuclear weapon free zones (NWFZs.)
7.17 This section of the chapter will examine the benefits of NWFZs, how NWFZs can be strengthened and how NWFZs might be utilised to strengthen the broader nuclear non-proliferation and disarmament regime. Finally, the prospects of a NWFZ in the Middle East will be examined.
7.18 A resolution adopted by the UN General Assembly in 1975 defined a NWFZ as a treaty-level agreement that ensures the total absence of nuclear weapons in the zone, and establishes an international system to verify and guarantee compliance with the Treaty’s obligations.[16]
7.19 This resolution also called on nuclear weapon states to refrain from committing acts within the boundaries of a NWFZ that are prohibited to parties of the respective treaty, and to refrain from the use or threat-of-use of nuclear weapons against members of such zones.[17]
7.20 In accordance with this resolution, NWFZs generally prohibit the testing, stationing, development, and use of nuclear weapons within a designated territory. They also include protocols by which nuclear weapon states can renounce the use and threat-of-use of nuclear weapons against states included in the zone. In some cases, NWFZs may contain restrictions on the trade of nuclear materials and technologies. While NWFZs share common characteristics, it has been argued that the strength of NWFZs differs markedly among the different zones.[18]
7.21 Currently, there are five specific NWFZs, with the latest zone in Africa entering into force on 15 July 2009. Nuclear weapon free zones now cover the entire Southern Hemisphere.[19] Figure 7.1 provides a summary of the ratification status of the five currently negotiated NWFZ zones. Australia is a member of the South Pacific Nuclear Free Zone, which is also known as the Treaty of Raratonga.[20]
7.22 Additionally, the Antarctic Treaty, which aims to guarantee that Antarctica is solely used for peaceful purposes, effectively designates the region as a NWFZ by prohibiting nuclear explosions, radioactive waste disposal and military deployments on the Antarctic continent.[21]
7.23 States can also take unilateral action to ban nuclear weapons in their territories. Austria and Mongolia implemented domestic legislation to declare themselves as single-state NWFZs in 1999 and 2000 respectively, while New Zealand and the Philippines have used domestic legislation to complement their existing obligations under the Treaty of Raratonga.[22]
7.24 Contributors to the inquiry argued that NWFZs are an integral part of the nuclear non-proliferation and disarmament regime and represent key building blocks towards more comprehensive commitments.[23] It was argued that NWFZs:
n build confidence among nations;
n encourage the negotiation of new NWFZ and other treaty initiatives;
n increase security within the region;
n exert pressure on nuclear weapon states; and
n provide a means to implement stricter obligations than exist in other nuclear non-proliferation and disarmament initiatives.
7.25 Mr Nic Maclellan told the Committee that NWFZs are important confidence building measures:
Nuclear weapon free zones operate at multiple levels—legal, diplomatic and political—and it seems to me that is a very important element in the package. [NWFZs are] legal treaties and verifiable instruments to enforce nuclear disarmament and nuclear non-proliferation, [and are] a political process and a diplomatic process … about creating confidence building measures.[24]
Contributors asserted that NWFZs serve to send a clear message to states outside of the zone regarding member countries’ commitments to non-proliferation. It was argued that this message increases confidence in security at an international level.[25] This increased confidence can also encourage other regions to conclude such agreements. For example, it was argued that the establishment of the Treaty of Raratonga in 1985 played a key role in stimulating the negotiation of the Southeast Asian Nuclear-Weapon-Free-Zone Treaty in 1995.[26]
7.26 Further, such agreements can be tailored to address the unique national security needs of member countries within a certain region, which in turn increases confidence among members.[27]
7.27 Advocates also suggested to the Committee that such zones can limit the reach of nuclear weapon states and prevent them from carrying out nuclear-weapon related activities in the region, such as nuclear-weapon testing.[28]
7.28 The Committee was informed that NWFZs can provide a means to implement stricter obligations on a regional level that may be a step ahead of other nuclear non-proliferation and disarmament agreements. In particular, submitters pointed to the provision under the Treaty of Raratonga which prohibits the provision and acquisition by member countries of nuclear materials and technologies, unless they are subject to IAEA safeguards agreements.[29]
7.29 Contributors suggested to the Committee a range of ways in which individual NWFZs could be strengthened with particular reference to the Treaty of Raratonga and the Central Asian Nuclear Weapon Free Zone (CANWFZ).
7.30 Submitters to the inquiry argued that, while the Treaty of Raratonga has made a positive contribution towards the elimination of nuclear weapons, there remain a range of shortfalls with the Treaty. Submitters noted that the Treaty of Raratonga does not:
n prevent the transit of nuclear weapons or prevent the launch of nuclear weapons that are transiting the region at targets beyond the zone;
n prevent the land dumping of nuclear waste;
n prevent the threat-of-use of nuclear weapons against members of the zone;
n include any provisions to protect ‘whistleblowers’ who expose breaches of the Treaty;
n extend to northern Pacific states such as the Federated States of Micronesia, the Marshall Islands and Palau; and
n does not, unlike other NWFZs, create a separate enforcement organisation but relies on existing regional bodies which may be unsuitable for the role.[30]
7.31 Associate Professor Michael Hamel-Green suggested that the Treaty of Raratonga could be further strengthened through applying stronger verification mechanisms and provisions against the theft of nuclear materials.[31]
Figure 7.1 Status of ratification of nuclear weapon free zones |
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Name of Treaty (date opened for signature) |
Regional members that have ratified |
Regional members that have not ratified |
NWS that have ratified all protocols |
NWS that have not ratified all protocols |
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South Pacific Nuclear-Free Zone (1985) |
Australia, Cook Islands, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Solomon Islands, Tonga, Tuvalu, Vanuatu, Samoa |
Marshall Islands, Micronesia, Palau |
China, France, Russia, UK
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United States |
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Treaty for the Prohibition of Nuclear Weapons in Latin America and the Caribbean (1967)
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Antigua and Barbuda, Argentina, Bahamas, Barbados, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela |
- |
China, France, Russia, UK, US
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- |
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Southeast Asian Nuclear-Weapon-Free-Zone Treaty (1995) |
Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam |
- |
- |
China, France, Russia, UK, US |
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African Nuclear-Weapon-Free-Zone Treaty (1996) |
Algeria, Benin, Botswana, Burkina Faso, Burundi, Cote d'Ivoire, Equatorial Guinea, Ethiopia, Gabon, Gambia, Guinea, Kenya, Lesotho, Libyan Arab Jamahiriya, Madagascar, Mali, Mauritania, Mauritius, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Swaziland, Togo, United Republic of Tanzania, Zimbabwe |
Angola, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo, Congo (Democratic Republic of the), Djibouti, Egypt, Eritrea, Ghana, Guinea-Bissau, Liberia, Malawi, Morocco, Namibia, Niger, Sao Tome and Principe, Seychelles, Sierra Leone, Somalia, Sudan, Tunisia, Uganda, Zambia |
China, France, Russia, UK |
US |
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Central Asian Nuclear-Weapon-Free-Zone (2006) |
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan |
- |
Protocol not yet open for signature |
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Source Inventory of International Non-proliferation Organisations and Regimes, Center for Non-proliferation Studies, Nuclear Threat Initiative, 2009, viewed 2 July 2009, < www.nti.org>. |
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7.32 The Committee was informed that, just as the negotiation of NWFZs encourages the negotiation of new zones, the strengthening of the Treaty of Raratonga could encourage other zones to make such improvements or even encourage the negotiation of new NWFZs in other more volatile areas.[32]
7.33 Contributors to the inquiry argued that the weaknesses of the Treaty of Raratonga could be addressed through convening a conference of Treaty of Raratonga members by which the Treaty could be reviewed and amended. It was noted that there is already provision in the Treaty of Raratonga for a Consultative Committee to consider proposed amendments.[33]
7.34 Other participants questioned the utility of a review of the Treaty of Raratonga. Ms Martine Letts argued that, while a review of the Treaty of Raratonga could potentially improve and refine the provisions of the Treaty, such a review at this stage may not be helpful to the broader nuclear non-proliferation and disarmament regime. Ms Letts argued that current nuclear-security issues are subjects of global negotiation and that to focus on the specifics of a regional agreement, such as the Treaty of Raratonga, may only cause frustration.[34]
7.35 Another avenue suggested to the Committee for strengthening the Treaty of Raratonga was to encourage the US to ratify the protocols of the Treaty. Mr Maclellan argued that, when the protocols of the Treaty of Raratonga were first open for signature in the 1980s, the US did not ratify due to concerns about restrictions on its expanding deployment of cruise missiles, and the effect on its northern Pacific territories. It was argued that the region has changed substantially over the last two decades which, in addition to the momentum brought about by the change in US administration, may make the US more open to ratification.[35]
7.36 Upon its implementation in 2006, a resolution welcoming the establishment of the Central Asian Nuclear Weapon Free Zone (CANWFZ) received broad support in the UN General Assembly, however this resolution was opposed by the US, UK and France, and Australia abstained from the vote.[36]
7.37 Associate Professor Hamel-Green argued that Western nuclear powers and Australia have been hesitant to support the CANWFZ since it was established in 2006, and that the US, UK and France may not ratify the additional protocol of the CANWFZ when it opens for signature. The Committee was told that these concerns arise from Article 12 of the Treaty which states:
This Treaty does not affect the rights and obligations of the Parties under other international treaties which they may have concluded prior to the date of the entry into force of this Treaty.[37]
7.38 Associate Professor Hamel-Green told the Committee that Western nuclear powers are concerned that this Article makes the CANWFZ subservient to the previously negotiated Charter of the Collective Security Treaty Organization (CSTO), a 2002 mutual defence treaty between Russia, Belarus, Armenia, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan. It was suggested that Western nuclear powers are concerned that Article 12 of the CANWFZ would permit some members to call upon Russia’s nuclear capabilities, despite their obligations under the CANWFZ. These nuclear powers may therefore be hesitant to ratify the additional protocol of the Treaty.[38]
7.39 Associate Professor Hamel-Green considered that this interpretation of Article 12 is unfounded. He argued that the subsequent and largely ignored clause in Article 12 means that any military assistance provided under the CSTO cannot include nuclear weapons. [39] He also informed the Committee that there are many reasons to support the CANWFZ. He noted that Central Asian states were extensively involved in the nuclear weapons programs of the former Soviet Union, and that the region still possesses the technology, resources and expertise to develop nuclear weapons. On this basis, he considered that support for a NWFZ in the region is highly important.[40]
7.40 Associate Professor Hamel-Green also suggested that concerns about Article 12 should not become an insurmountable obstacle to Western nuclear powers supporting the CANWFZ. In his opinion, if concerns about the operation of Article 12 persist, Western nuclear powers could make a reservation to that effect and still ratify the additional protocol to the CANWFZ.[41]
7.41 It was also argued that Australia should encourage its Western allies to support and ratify the additional protocol of the CANWFZ by signalling its own support for the Treaty and providing technical assistance to the zone.[42]
7.42 A range of contributors to the inquiry suggested that the five current NWFZs can be utilised to progress the broader nuclear non-proliferation and disarmament agenda.
7.43 A common proposal made to the Committee was that formal links be established between all members of NWFZs. It was suggested that such a grouping would comprise over half the membership of the UN and could be extremely influential in advocating nuclear non-proliferation and disarmament issues.[43]
7.44 The establishment of such a coalition would have a range of benefits including:
n providing a forum through which to coordinate and apply global political and diplomatic pressure on nuclear-security issues;[44]
n strengthening current NWFZs through the exchange of knowledge, experience and technical expertise;[45] and
n providing an alternative means to build momentum on nuclear non-proliferation and disarmament initiatives that do not rely on the nuclear weapon states.[46]
7.45 Submitters informed the Committee that moves to form such linkages had been taken in the past. In 1996, 127 members of the UN General Assembly supported a Brazilian resolution calling for, among other things, the consolidation of NWFZs in the Southern Hemisphere. In 2005, Mexico hosted the Conference of States Parties and Signatories of Treaties that establish Nuclear Weapon Free Zones to discuss nuclear-security issues. [47]
7.46 Contributors suggested that Australia should host a conference of NWFZs at which member countries could institutionalise the links between the zones, coordinate their approaches on nuclear-security issues and advocate for full recognition of a southern hemisphere NWFZ. Associate Professor Hamel-Green argued that such a conference should be convened in the short term, before the 2010 NPT Review Conference.[48]
Recommendation 11 |
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The Committee recommends that Australia play a leading role in advocating for full recognition of a southern hemisphere nuclear weapons free zone and in developing formal links between all members of nuclear weapons free zones, and that the Australian Government raise the issue at the 2010 NPT Review Conference and consider hosting a conference on this issue. |
7.47 During the inquiry the Committee received a range of evidence on the benefits, barriers and prospects for a proposed NWFZ in the Middle East.
7.48 In 1974, Iran and Egypt proposed to the UN General Assembly a resolution, entitled Establishment of a nuclear-weapon-free zone in the region of the Middle East, which urged all relevant parties to take measures towards the establishment of a NWFZ in the Middle East. This resolution has been adopted by the UN General Assembly every year since its introduction. Additionally, parties to the 1995 NPT Review Conference adopted the Resolution on the Middle East, which again called on all states in the Middle East and all parties to the NPT to take practical steps towards the establishment of a Middle East NWFZ. Despite these repeated calls, there has been no tangible progress towards the establishment of such a treaty.[49]
7.49 A number of contributors to the inquiry argued that the negotiation of a NWFZ in the Middle East is a necessary pre-condition for the global abolition of nuclear weapons. It was argued that establishing such a zone would help to achieve universal adherence to treaties such as the NPT, would increase confidence in the region and would help to address some of the key strategic concerns when it comes to the abolition of nuclear weapons.[50]
7.50 Professor Camilleri argued that the only way to effectively curb proliferation risks is to create conditions where nations are sufficiently confident of their own security that they do not feel the need to pursue nuclear weapons. Professor Camilleri stated that moving towards a NWFZ in the Middle East would reduce the pressure on Iran and other states in the region to pursue nuclear weapons.[51]
7.51 The Committee was told that the main obstacles to the negotiation of a NWFZ in the Middle East are the poor relations and lack of confidence between states in the region.
7.52 Associate Professor Hamel-Green told the Committee that one of the fundamental barriers to the negotiation of a NWFZ in the Middle East is the lack of a peace agreement among states in the region:
Israel said that it will not negotiate [a NWFZ] until there is a peace settlement with its neighbours. Unfortunately the Arab states have taken the diametrically opposite position of saying that they will not consider resolving those issues unless something is done in terms of Israel’s nuclear capability. You have a deadlock there.[52]
7.53 Dr George Perkovich also stated that a major obstacle to the negotiation of such a treaty is the current condition of relations among countries in the region. Dr Perkovich argued that it would be imperative to have all states in the region participate in such a treaty. He noted that some states do not recognise Israel’s right to exist, and argued that these states would not participate in any negotiations attended by Israel.[53]
7.54 Former US Senator Bob Graham saw that Iran’s apparent pursuit of nuclear weapons makes the negotiation of a NWFZ in the Middle East even less likely.[54]
7.55 Dr Perkovich also pointed out to the Committee that, even if states could be brought to the table, confidence between the states would be very low. He considered that a major issue between the parties would be whether or not to permit IAEA-monitored uranium enrichment in the region:
I think that in all likelihood in that region it would be a question of States not willing to accept fissile material production under the IAEA safeguards. I think they would actually want it to be a zone free of fissile material production, period. Israel’s neighbours would not trust even the IAEA to verify that Israel is operating a reactor but there is no secret plutonium separation going on. And I do not think that Israel is that keen on Iran, for example, continuing to enrich uranium with safeguards.[55]
7.56 It appears therefore that the following steps must precede the negotiation of a NWFZ in the Middle East:
n states must recognise each other’s sovereignty and normalise relations;
n Iran must permit verification that it is not pursuing nuclear weapons; and
n states in the region must be assured of nuclear fuel supplies in the absence of indigenous enrichment facilities.
7.57 Associate Professor Hamel-Green and Dr Marianne Hanson told the Committee that there have been a range of studies and conferences on the feasibility of a NWFZ in the Middle East and on trust-building exercises in conflict situations. They argued that through active diplomacy advocating a phased approach, Australia can take a lead role in building confidence in the Middle East with the aim of establishing a NWFZ.[56]
7.58 The issue of a Middle East NWFZ arose frequently during the Committee delegation’s visit to Europe and the United States. It was clear to the delegation that this issue is very closely linked with the 2010 NPT Review Conference. The delegation was informed that many Middle Eastern countries are becoming impatient with the lack of progress on this issue despite the resolution at the 1995 NPT Review Conference. Egypt, in particular, was identified as placing considerable importance on progress in 2010. It was suggested to the delegation that the success of the Conference could hinge on a strong reinforcement of this commitment and progress on the resolution, perhaps in the form of establishing talks or an action plan.
7.59 This issue is important to a number of Middle Eastern states. The prospects for a nuclear weapons free zone are also linked with Israel’s non-participation in the NPT as well as ambiguities surrounding Iran’s nuclear program. For example, in a working paper for the 2010 NPT Conference, the Group of Arab States reiterated calls for Israel to accede to the NPT and place all nuclear facilities under IAEA safeguards.[57]
While recognising the considerable political and security issues to be addressed, the Committee considers that a Middle East Nuclear Weapons Free Zone would be an important step in addressing both disarmament and non-proliferation challenges. The Committee considers that the Australian Government should use its diplomatic relations with Israel to pursue this issue.