BH869.txt (24 ILM 1442)

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY

(6 August 1985)

Entry into Force: 11 December 1986

 

PREAMBLE

The Parties to this Treaty

United in their commitment to a world at peace;

Gravely concerned that the continuing nuclear arms race presents the

risk of nuclear war which would have devastating consequences for all

people;

Convinced that all countries have an obligation to make every effort

to achieve the goal of eliminating nuclear weapons, the terror which they

hold for humankind and the threat which they pose to life on earth;

Believing that regional arms control measures can contribute to global

efforts to reverse the nuclear arms race and promote the national

security of each country in the region and the common security of all;

Determined to ensure, so far as lies within their power, that the

bounty and beauty of the land and sea in their region shall remain the

heritage of their peoples and their descendants in perpetuity to be

enjoyed by all in peace;

Reaffirming the importance of the Treaty on the Non-Proliferation of

Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons

and in contributing to world security;

Noting, in particular, that Article VII of the NPT recognises the

right of any group of States to conclude regional treaties in order to

assure the total absence of nuclear weapons in their respective

territories;

Noting that the prohibitions of emplantation and emplacement of

nuclear weapons on the seabed and the ocean floor and in the subsoil

thereof contained in the Treaty on the Prohibition of the Emplacement of

Nuclear Weapons and Other weapons of Mass Destruction on the Seabed and

the Ocean Floor and in the Subsoil Thereof apply in the South Pacific;

Noting also that the prohibition of testing of nuclear weapons in the

atmosphere or under water, including territorial waters or high seas,

contained in the Treaty Banning Nuclear Weapon Tests in the Atmosphere,

in Outer Space and Under water applies in the South Pacific;

Determined to keep the region free of environmental pollution by

radioactive wastes and other radioactive matter.

Guided by the decision of the Fifteenth South Pacific Forum at Tuvalu

that a nuclear free zone should be established in the region at the

earliest possible opportunity in accordance with the principles set out

in the communique of that meeting;

Have Agreed as follows:

ARTICLE 1

USAGE OF TERMS

For the purposes of this Treaty and its Protocols:

a) "South Pacific Nuclear Free Zone" means the areas described in

Annex 1 as illustrated by the map attached to that Annex;

b) "territory" means internal waters, territorial sea and archipelagic

waters, the seabed and subsoil beneath, the land territory and the

airspace above them;

c) "nuclear explosive device" means any nuclear weapon or other

explosive device capable of releasing nuclear energy, irrespective of the

purpose for which it could be used. The term includes such a weapon or

device in unassembled and partly assembled forms, but does not include

the means of transport or delivery of such a weapon or device if

separable from and not an indivisible part of it;

d) "stationing" means emplantation, emplacement, transportation on

land or inland waters, stockpiling, storage, installation and deployment.

ARTICLE 2

APPLICATION OF THE TREATY

1. Except where otherwise specified, this Treaty and its Protocols shall

apply to territory within the South Pacific Nuclear Free Zone.

2. Nothing in this Treaty shall prejudice or in any way affect the

rights, or the exercise of the rights, of any State under international

law with regard to freedom of the seas.

ARTICLE 3

RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) not to manufacture or otherwise acquire, possess or have control

means anywhere inside or outside the South Pacific Nuclear Free

Zone;

(b) not to seek er receive any assistance in the manufacture or

acquisition of any nuclear explosive device;

(c) not to take any action to assist or encourage the manufacture or

acquisition of any nuclear explosive device by any State.

ARTICLE 4

PEACEFUL NUCLEAR ACTIVITIES

Each Party undertakes:

(a) not to provide source or.special fissionable material, or equipment

or material especially designed or prepared for the processing, use

or production of special fissionable material for peaceful purposes

to:

(i) any non-nuclear-weapon State unless subject to the safeguards

required by Article III.1 of the NPT, or

(ii) any nuclear-weapon State unless subject to applicable

safeguards agreements with the International Atomic Energy

Agency (IAEA).

Any such provision shall be in accordance with strict

non-proliferation measures to provide assurance of exclusively

peaceful non-explosive use;

(b) to support the continued effectiveness of the international

non-proliferation system based on the NPT and the IAEA safeguards

system.

ARTICLE 5

PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES

1. Each Party undertakes to prevent in its territory the stationing of

any nuclear explosive device.

2. Each Party in the exercise of its sovereign rights remains free to

decide for itself whether to allow visits by foreign ships and aircraft

to its ports and airfields, transit of its airspace by foreign aircraft,

and navigation by foreign ships in its territorial sea or archipelagic

waters in a manner not covered by the rights of innocent passage,

archipelagic sea lane passage or transit passage of straits.

ARTICLE 6

PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES

Each Party undertakes:

(a) to prevent in its territory the testing of any nuclear explosive

device;

(b) not to take any action to assist or encourage the testing of any

nuclear explosive device by any State.

ARTICLE 7

PREVENTION OF DUMPING

1. Each Party undertakes:

(a) not to dump radioactive wastes and other radioactive matter at sea

anywhere within the South Pacific Nuclear Free Zone;

(b) to prevent the dumping of radioactive wastes and other radioactive

matter by anyone in its territorial sea;

(c) not to take any action to assist or encourage the dumping by anyone

of radioactive wastes and other radioactive matter at sea anywhere

within the South Pacific Nuclear Free Zone;

(d) to support the conclusion as soon as possible of the proposed

Convention relating to the protection of the natural resources and

environment of the South Pacific region and its Protocol for the

prevention of pollution of the South Pacific region by dumping,

with the aim of precluding dumping at sea of radioactive wastes and

other radioactive matter by anyone anywhere in the region.

2. Paragraphs 1(a) and 1(b) of this Article shall not apply to areas of

the South Pacific Nuclear Free Zone in respect of which such a Convention

and Protocol have entered into force.

ARTICLE 8

CONTROL SYSTEM

1. The Parties hereby establish a control system for the purpose of

verifying compliance with their obligations under this Treaty.

2. The control-system shall comprise:

(a) reports and exchange of information as provided for in Article 9;

(b) consultations as provided for in Article 10 and Annex 4 (1);

(c) the application to peaceful nuclear activities of safeguards by the

IAEA as provided for in Annex 2;

(d) a complaints procedure as provided for in Annex 4.

ARTICLE 9

REPORTS AND EXCHANGES OF INFORMATION

1. Each Party shall report to the Director of the South Pacific Bureau

for Economic Co-operation (the Director) as soon as possible any

significant event within its jurisdiction affecting the implementation of

this Treaty. The Director shall circulate such reports promptly to all

Parties.

2. The Parties shall endeavour to keep each other informed on matters

arising under or in relation to this Treaty. They may exchange

information by communicating it to the Director, who shall circulate it

to all Parties.

3. The Director shall report annually to the South Pacific Forum on the

status of this Treaty and matters arising under or in relation to it,

incorporating reports and communications made under paragraphs 1 and 2 of

this Article and matters arising under Articles 8(2) (d) and 10 and Annex

2(4).

ARTICLE 10

CONSULTATIONS AND REVIEW

Without prejudice to the conduct of consultations among Parties by

other means, the Director, at the request of any Party, shall convene a

meeting of the Consultative Committee established by Annex 3 for

consultation and cooperation on any matter arising in relation to this

Treaty or for reviewing its operation.

ARTICLE 11

AMENDMENT

The Consultative Committee shall consider proposals for amendment of

the provisions of this Treaty proposed by any Party and circulated by the

Director to all Parties not less than three months prior to the convening

of the Consultative Committee for this purpose. Any proposal agreed upon

by consensus by the Consultative Committee shall be communicated to the

Director who shall circulate it for acceptance to all Parties. An

amendment shall enter into force thirty days after receipt by the

depositary of acceptances from all Parties.

ARTICLE 12

SIGNATURE AND RATIFICATION

1. This Treaty shall be open for signature by any Member of the South

Pacific Forum.

2. This Treaty shall be subject to ratification. Instruments of

ratification shall be deposited with the Director who is hereby

designated depositary of this Treaty and its Protocols.

3. If a Member of the South Pacific Forum whose territory is outside the

South Pacific Nuclear Free Zone becomes a Party to this Treaty, Annex 1

shall be deemed to be amended so far as is required to enclose at least

the territory of that Party within the boundaries of the South Pacific

Nuclear Free Zone. The delineation of any area added pursuant to this

paragraph shall be approved by the South Pacific Forum.

ARTICLE 13

WITHDRAWAL

1. This Treaty is of a permanent nature and shall remain in force

indefinitely, provided that in the event of a violation by any Party of a

provision of this Treaty essential to the achievement of the objectives

of the Treaty or of the spirit of the Treaty, every other Party shall

have the right to withdraw; from the Treaty.

2. Withdrawal shall be effected by giving notice twelve months in

advance to the Director who shall circulate such notice to all other

Parties.

ARTICLE 14

RESERVATIONS

This Treaty shall not be subject to reservations.

ARTICLE 15

ENTRY INTO FORCE

1. This Treaty shall enter into force on the date of deposit of the

eighth instrument of ratification.

2. For a signatory which ratifies this Treaty after the date of

deposit of the eighth instrument of ratification, the Treaty shall enter

into force on the date of deposit of its instrument of ratification.

ARTICLE 16

DEPOSITARY FUNCTIONS

The depositary shall register this treaty and its Protocols pursuant

to Article 102 of the Charter of the United Nations and shall transmit

certified copies of the Treaty and its Protocols to all Members of the

South Pacific Forum and all States eligible to become Party to the

Protocols to the Treaty and shall notify them of signatures and

ratifications of the Treaty and its Protocols.

IN WITNESS WHEREOF the undersigned, being duly authorised by their

Governments, have signed thus Treaty.

DONE at , this day of , One thousand nine hundred and

eighty-[five], in a single original in the English language.

 

ANNEX 1

SOUTH PACIFIC NUCLEAR FREE ZONE

A. The area bounded by a Line --

(1) commencing at the point of intersection of the Equa