TL: SOUTH PACIFIC NUCLEAR FREE ZONE TREATY SO: Greenpeace USA and Greenpeace New Zealand (GP) DT: Spring 1989 Keywords: nuclear weapons treaty south pacific disarmament history agreements new zealand nuclear free greenpeace gp / History On Hiroshima Day, August 6, 1985 at the fourteenth South Pacific Forum meeting, held in the Cook Islands, 8 of the 13 members signed the South Pacific Nuclear Free Zone Treaty, (from here on referred to as the SPNFZT or the Treaty). Signatories to the Treaty included Australia, Cook Islands, Fiji, Kiribati, New Zealand (NZ), Nine, Tuvalu and Western Samoa. Papua New Guinea (PNG) and Nauru later also signed the Treaty. The Solomon Islands became the ninth signatory at the 18th South Pacific Forum in Western Samoa in May 1987. Tonga and Vanuatu have not signed. The SPNFZT, also known as the Treaty of Rarotonga, is the culmination of a series of regional nuclear free zone proposals and initiatives dating back to the early 1960's, when the New Zealand and Australian labour parties first proposed the idea of a Southern Hemisphere Nuclear Free Zone. In 1975, the New Zealand Labour government gained the United Nations General Assembly backing for the concept of a South Pacific nuclear free zone. This concept was strongly promoted by regional peace movements, labour movements, the Pacific Conference of Churches, the Pacific Women's Conference and the Nuclear Free and Independent Pacific Network. Finally, on the initiative of Australian Labour Prime Minister, Robert Hawke, a Forum Working Group, chaired by Australia, drafted the present Treaty and Protocols and it was opened for signature at the 1985 Forum meeting. The Treaty is the fifth regional nuclear free zone treaty, and the second, after the Latin American Nuclear Free Zone Treaty, to cover a populated area. The three other Treaties cover the Antarctic, Outerspace and the Seabed. Boundaries of the SPNFZT area extend to the Antarctica Treaty boundary in the south and the Latin American Treaty boundary in the east. The Treaty was also born of a harsh past experience with nuclear testing in the Pacific, where the Pacific people have received very little benefit. The Treaty makes legal what already exists in the Pacific: Australia, NZ, PNG, Tonga, Tuvalu, Fiji, Western Samoa, Nine, Nauru, Kiribati and the Solomon and Cook Islands have all signed the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), agreeing not to acquire or possess nuclear weapons: and . . ."to conclude regional treaties in order to assure the total absence of nuclear weapons in their respective territories" (Article VII, NPT). Vanuatu declared itself nuclear free in 1982. Treaty Articles And Protocols The SPNFZT entered into force on December 11, 1986, when Australia became the eighth signatory to officially ratify. The Treaty was then deposited with the United Nations. The main aim of any nuclear free zone treaty, according to the unanimously adopted Final Document of the first United Nations Special Session on Disarmament, is to ensure that a region is "genuinely free from nuclear weapons." Secure guarantees may then be sought from the nuclear weapons states (NWS), to .."respect strictly the status of the nuclear-weapon free zone" and "to refrain from the use or threat of use of nuclear weapons against the States of the zone." Protocols The protocols to the SPNFZT, intended for endorsement by the five nuclear weapons states and the three countries with Territories in the region, were opened for signature on December 1, 1986. Protocol 1: PROHIBITS the stationing, manufacturing and testing of any nuclear explosive device. (Open for signature by the U. S., France and the U. K. Refers to the U.S. territory of American Samoa, French Polynesia and Britain's colony of Pitcairn Island). Protocol 2: Requires the five nuclear weapon states to promise not to use or threaten to use any nuclear weapon against any South Pacific country, signatory to the Treaty. Protocol 3: Requires the five nuclear weapon states not to test any nuclear device anywhere in the zone. The following chart is a summary of the prohibited (P) and the allowed (A) nuclear fuel cycle activities under the SPNFZT Articles and Protocols. NUCLEAR WEAPONS: Nuclear Weapons Acquisition by Zone Countries Manufacture/Production P Acquisition P Possession P Receipt of assistance to acquire P Control and deployment P Nuclear Weapons Systems Testing by Any Country Nuclear warhead testing P Delivery system testing A Guidance system testing A Nuclear Weapons Permanent Stationing by Nuclear Powers Naval bases for N-armed vessels P Airbases for N-armed aircraft P Army bases for N-armed forces P N-weapon land emplacement P N-weapon seabed emplacement P Nuclear Weapon Transit and Temporary Presence at Ports and Airfields Territorial sea transit and portcalls A Territorial air transit and landings A High seas transit A International airspace transit A Nuclear Weapon Systems: Support Facilities and Programmes Command, control and communication facilities A Surveillance/intelligence facilities A Navigational aid facilities A Scientific facilities and programmes A Nuclear Weapons Systems: Exercises and Operations Joint exercises with nuclear armed forces A Alerts of N-related C31 bases A Nuclear Weapons Use or Threat of Use Use/threat of use by Nuclear powers P Military alliance involving use/threat of use of nuclear weapons A NUCLEAR POWER Nuclear Powered Vessels Territorial Transit portcalls A High Seas transit A Nuclear Fuel Extraction, Processing and Export Uranium extraction A Uranium exports under safeguards A Uranium export without safeguards P Processing/enrichment/fuel rod fabrication A Commercial Nuclear Reactors (Excluding Reactors for Scientific/ Medical Use) Commercial nuclear reactors A Non Military ("Peaceful") Nuclear Explosions Peaceful Nuclear Explosions P NUCLEAR WASTE Nuclear Waste Reprocessing Reprocessing A Nuclear Waste Transport Transport A Nuclear Waste Storage Storage A Nuclear Waste Disposal Disposal territorial sea P Disposal High seas P (prohibited by Treaty parties but not for outside countries to dump in the high seas in zone) Disposal on land A Response Of Nuclear Weapons States Soviet Union: The USSR signed Protocols 2 and 3 on December 15, 1986. The Soviets added a condition to their endorsement, which is that they will continue to target U.S. facilities and ships in the Treaty zone which are involved in targeting the Soviet Union with nuclear weapons. The Soviets do not lose anything by signing the protocols as it does not effect their armaments policy. They can keep on developing nuclear weapons and their nuclear armed submarines can traverse the region at will, without breaking the protocols. United States: The United States announced its refusal to sign the protocols on February 6, 1987, "for global security" reasons. This refusal came despite Senate Foreign Relations Committee chairman, Senator Richard Lugar's statement that the Treaty would not disadvantage the U.S. position in the region. U.S. State Department reservations on the SPNFZT reflect concerns about maintaining good relations with France, a major U.S. ally. France's nuclear testing programme in the Pacific is prohibited under the Treaty. Nuclear free zones are not alien to U.S. policy. It was the Reagan Administration that announced U.S. acceptance of the similar Treaty of Tlateloco, and committed its Latin American territories (Puerto Rico and the Virgin Islands) to that Treaty. However the Pacific seems to be a different story and the U.S. states it does not want to set a precedent which it views as severely restricting its accessibility and mobility. The fact is, that virtually no restrictions will be placed on the U.S. or any nuclear weapons state. United Kingdom: In August 1986, the U. K. announced that there was no prospect in the short term of Britain agreeing to the SPNFZT Protocols, despite the addition of a clause allowing signatories to opt out in special circumstances. New Zealand's Prime Minister, David Lange, had hoped the clause would encourage the U.S. and U. K. to sign. France In September 1986, the French Ambassador to Washington, D.C., Mr. Emanuel De Margerte, issued a lengthy paper explaining the French repudiation of the Treaty. Mr. Margerte said it would be a "flagrant contradiction" for States in the South Pacific to participate in Western military alliances, "while at the same time claiming to be part of a nuclear free zone." France continues to test "nuclear explosive devices" at Moruroa and Fangataufa atolls, within the SPNFZT zone. China China signed Protocols 1, 2, and 3 in February 1987. Response Of South Pacific Countries Australia, Cook Islands, Fiji, Kiribati, New Zealand, Nine, Tuvalu, Western Samoa and Nauru have signed and officially ratified the SPNFZT. The Prime Minister of Vanuatu, Fr. Walter Lini, has made strong statements on the limitations of the SPNFZT, objecting from the outset to a "partial treaty." He has continued to promote regional cooperation towards the drafting of a comprehensive nuclear free zone treaty. Papua New Guinea has signed the Treaty, but has not ratified it. The stronger anti-nuclear stance of the new government headed by Prime Minister Wingti, has lead to a review of their position in regard to the SPNFZT. Tonga, the Pacific's only Kingdom, has not signed. On nuclear issues it is conservative in outlook and is anxious not to upset its friend and ally, the U.S. In May 1987, the Federated States of Micronesia and the Marshall Islands became full members of the Forum. The idea that the treaty zone would be extended to encompass their territories has been rumoured. However, the nature of their political arrangement with the United States means that the U.S. is in control of Micronesian foreign policy; therefore, Micronesian foreign affairs will reflect U.S. "national security." The issue concerning extension of the treaty zone will continue to be discussed at the South Pacific Forum. Limitations To The Treaty The SPNFZT is selective and limited in its provisions and it does little to increase the security of the region from nuclear attack, nuclear waste disposal, or a nuclear accident. It does not prohibit or limit the major nuclear activities in the Pacific: transit and port calls by nuclear armed and powered ships, submarines and aircraft; the growth of nuclear-weapon related electronic bases; increased missile testing in the region by China, USSR and U.S.; and deployment in the Pacific of new long range sea and air launched nuclear cruise missiles by both the U.S. and USSR. Although the SPNFZT prohibits stationing of nuclear weapons within the zone, (a provision which goes beyond the Non-Proliferation Treaty), there is a loophole recognized by Vanuatu and Papau New Guinea during negotiations. It enables nuclear weapons to be stationed almost permanently, in the harbours of Pacific countries. "De facto" homeporting is viable under the existing Treaty. The SPNFZT does not prohibit the use or threat of use of nuclear weapons fired from the zone, against targets outside the zone. Another limitation is that any amendments must be unanimously approved. This will make the Treaty almost impossible to strengthen at a later date. Also there are inadequate procedures for the signatories to seek redress in the event of violations. The Treaty zone, which extends as far north as the equator does not include Micronesia, formally a trusteeship administered by the U.S. The U.S. has its major intercontinental ballistic missile testing range in Micronesia. The nuclear dumping issue is another that is of major concern to Pacific islanders. The issue is treated very generally, deliberately, because at the time another regional convention, the South Pacific Regional Environmental Programme (SPREP), was also in the process of negotiating a provision to prohibit nuclear dumping in the Pacific. It was felt that this was the appropriate convention to deal with the issue. Land is also not protected from use as a nuclear dump site. The major nuclear activity in the Pacific is at sea. There are no arms control agreements for nuclear weapons in the Pacific and at least one third of all nuclear weapons are stationed at sea. The "neither confirm nor deny" policy of the U.S. is another aspect of the shroud of secrecy that surrounds naval nuclear weapons accidents and incidents involving nuclear armed and powered vessels. Of the approximately 900 nuclear reactors in the world, 500 of them are at sea. The 'Law of the Sea' speaks of the peaceful purposes that the oceans should be used for. The disastrous effect on the environment of the Pacific that nuclear weapons and nuclear accidents can have needs to be addressed and prevented, and is un-fortunately not dealt with adequately in the Treaty. Positive Aspects Of The SPNFZT The Treaty's renunciation of nuclear weapons acquisition implies a reaffirmation of similar undertaking that a number of South Pacific countries have already made in ratifying the NPT, thereby strengthening particularly Australia's commitment not to develop nuclear weapons. The Treaty's strong emphasis on the banning of nuclear weapons testing anywhere in the zone is a clear statement of regional disapproval of the French testing programme at Moruroa and Fangataufa atolls. The Treaty challenges the philosophy of nuclear deterrence at a fundamental level. In the preamble to the Treaty it states that the parties are "gravely concerned about the continuing nuclear arms race." It adds that nuclear weapons should be eliminated because of the "terror they hold for humankind and the threat which they pose to life on earth. " Although limited, the Treaty can be seen as a first step in formalizing a regional stance against nuclearization of the Pacific. The ultimate objective for the South Pacific must be a comprehensive nuclear free zone in which true denuclearization could take place. Within such a zone; the testing of missiles, the transit of nuclear weapons, their presence in ports and airfields, the maintenance of nuclear command, control and communications facilities, joint exercises with nuclear armed forces, the export and processing of nuclear fuels, and the storage of nuclear waste and its disposal on land would be prohibited.