BH869.txt (24 ILM 1442)
SOUTH PACIFIC NUCLEAR FREE ZONE TREATY
(6 August 1985)
Entry into Force: 11 December 1986
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
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
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:
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.
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.
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
(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.
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
(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
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
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.
PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:
(a) to prevent in its territory the testing of any nuclear explosive
(b) not to take any action to assist or encourage the testing of any
nuclear explosive device by any State.
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.
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.
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
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
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.
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.
SIGNATURE AND RATIFICATION
1. This Treaty shall be open for signature by any Member of the South
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.
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
This Treaty shall not be subject to reservations.
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.
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.
SOUTH PACIFIC NUCLEAR FREE ZONE
A. The area bounded by a Line --
(1) commencing at the point of intersection of the Equa