South Pacific Nuclear Free Zone Treaty, Raratonga, 1985 Done at Raratonga 6 August 1985 Depositary: South Pacific Bureau Primary source citation: 24 ILM 1442 (1985) SOUTH PACIFIC NUCLEAR FREE ZONE TREATY 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; This Treaty is not in force for the United States. 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; matter; Determined to keep the region free of environmental pollution by radioactive wastes and other radioactive 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 area 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. 1. 2. ARTICLE 2 APPLICATION OF THE TREATY Except where otherwise specified, this Treaty and its Protocols shall apply to territory within the South Nothing in this Treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any ARTICLE 3 RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES Each Party undertakes: (a) not to manufacture or otherwise acquire, possess or have control over any nuclear explosive device by any means anywhere inside or outside the South Pacific Nuclear Free Zone; (b) (c) not to seek or receive any assistance in the manufacture or acquisition of any nuclear explosive device; 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) (ii) any non-nuclear-weapon State unless subject to the safeguards required by Article III.1 of the NPT, or 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. 1. ARTICLE 8 CONTROL SYSTEM The Parties hereby establish a control system for the purpose of verifying compliance with their obligations under this Treaty. The control system shall comprise: 2. (a) reports and exchange of information as provided for in Article 9; (b) consultations as provided for in Article 10 and Annex 4 (1); the application to peaceful nuclear activities of safeguards by the IAEA as provided for in Annex 2; a complaints procedure as provided for in Annex 4. 1. 2. 3. ARTICLE 9 REPORTS AND EXCHANGES OF INFORMATION 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. The Parties shall endeavour to keep each other informed on matters arising under or in relation to this Treaty. 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 co-operation 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. 1. 2. 3. ARTICLE 12 SIGNATURE AND RATIFICATION This Treaty shall be open for signature by any Member of the South Pacific Forum. 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. 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. 2. ARTICLE 13 WITHDRAWAL 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. 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. |