2010 Review Conferance of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons
19 March 2010
Original: English
10-28119 (E) 300310
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New York, 3-28 May 2010
Memorandum on activities relating to the South Pacific
Nuclear Free Zone Treaty (Treaty of Rarotonga)
Submitted by the Pacific Islands Forum secretariat
Introduction
1. The South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga) was signed
at Rarotonga, Cook Islands, on 6 August 1985, and entered into force on
11 December 1986.
2. The Treaty is based on broad principles for Pacific countries to:
(a) Be free to live in peace and independence and to run their own affairs, in
accordance with the wishes and traditions of their people;
(b) Enjoy peaceful, social and economic development free from the threat of
environmental pollution;
(c) Acknowledge existing international treaties, organizations and regional
arrangements, such as the Charter of the United Nations, the Treaty on the
Non-Proliferation of Nuclear Weapons and the United Nations Convention on the
Law of the Sea, which contribute to these principles;
(d) Act in accordance with applicable international principles and treaties,
notably the Non-Proliferation Treaty, with respect to nuclear activities;
(e) Take account of other regional arrangements;
(f) Retain their unqualified sovereign rights to decide their security
arrangements for themselves, consistent with their support for these principles.
3. The Treaty of Rarotonga has been signed and ratified by 13 Forum members
within the original geographical boundaries of the Treaty, namely Australia, Cook
Islands, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Samoa,
Solomon Islands, Tonga, Tuvalu and Vanuatu. The States parties to the Treaty and
the Pacific Islands Forum secretariat maintain close working relations with the
Federated States of Micronesia, the Marshall Islands and Palau, which joined the
Pacific Islands Forum after the establishment of the Treaty of Rarotonga. Although
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currently not parties to the Treaty, it is expected that, in time, these countries will
also become parties to the Treaty of Rarotonga.
4. The Treaty of Rarotonga represents a unified approach by the States members
of the Forum in fulfilling their commitments under article VII of the
Non-Proliferation Treaty. It also represents a significant achievement and
contribution of the Pacific Islands Forum to ongoing efforts to strengthen global
security and the international non-proliferation regime. Regional treaties such as the
Treaty of Rarotonga provide valuable support and strength to the Non-Proliferation
Treaty, as well as opportunities to enhance coordination and cooperation among
nuclear-weapon-free zones, in support of the process of nuclear disarmament, with
the ultimate goal of eliminating all nuclear weapons.
5. The States members of the Forum are deeply committed to world peace and
security, and have renounced the manufacture, acquisition and possession of nuclear
explosive devices. They are determined to keep the Pacific region free of
environmental pollution from radioactive waste and other radioactive matter, and
seek, from the nuclear-weapon States, a commitment not to conduct nuclear tests in
the South Pacific.
The Treaty of Rarotonga
6. The South Pacific Nuclear Free Zone Treaty (Treaty of Rarotonga) was the
second such treaty in the world. Its area of application ranges from the west coast of
Australia to the Latin American nuclear free zone in the east and from just north of
the equator to the Antarctic Treaty area. Together with the Treaty of Tlatelolco,
which covers Latin America, and the Antarctic Treaty, the Treaty of Rarotonga
covers contiguously a very significant portion of the globe. This coverage was
greatly increased by the Treaty of Bangkok of December 1995, which created a
nuclear free zone for South-East Asia, and by the Treaty of Pelindaba of April 1996,
which created a similar zone for Africa.
7. The Treaty contains a preamble, 16 articles and 4 annexes. Under its terms, the
parties undertake:
(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; the term “nuclear explosive device” is used rather than
“nuclear weapon” to emphasize that the parties do not draw a distinction between
devices that have military purposes and those for which a peaceful purpose is
claimed;
(b) To prevent the testing of nuclear explosive devices and to prevent the
stationing of nuclear explosive devices in their territory;
(c) To take measures, including the application of full-scope International
Atomic Energy Agency safeguards, to all peaceful nuclear activities in their territory
and to prevent the diversion of fissionable material to non-peaceful purposes;
(d) Not to dump radioactive waste and other radioactive matter at sea in the
Zone, to prevent the dumping of such waste or matter by anyone, and to take no
action to assist or encourage dumping.
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8. The Treaty of Raratonga does not interfere with the right of each State party to
decide for itself whether to allow visits by foreign ships and aircraft to its ports and
airfields. It also explicitly upholds the freedom of navigation on the high seas and
territorial waters guaranteed by international law.
9. The Treaty also provides for a comprehensive control system to verify parties’
compliance with the Treaty, including procedures for the investigation of any
complaints that may be made regarding the breach of Treaty obligations. There are
also provisions for review, amendment and withdrawal, and for the boundaries of
the Zone to be extended as further countries join the Forum and become parties to
the Treaty.
The Protocols
10. The implementation of the South Pacific Nuclear Free Zone Treaty is enhanced
by three Protocols that were opened for signature in 1986. Through these Protocols,
nuclear-weapon States have undertaken to apply the Treaty of Rarotonga to their
territories in the Pacific region (Protocol 1); to refrain from the use or threat of use
of nuclear explosive devices against any party (Protocol 2); and not to test any
nuclear explosive devices within the Zone (Protocol 3).
11. The Union of Soviet Socialist Republics and China signed Protocols 2 and 3 in
1986 and 1987 respectively, and ratified both in 1988. Neither the Union of Soviet
Socialist Republics nor China has territories in the Zone that would require
adherence to Protocol 1. France, the United Kingdom of Great Britain and Northern
Ireland and the United States of America signed Protocols 1, 2 and 3 on 25 March
1996. France ratified the Protocols in 1996 and the United Kingdom in 1997. The
United States has yet to ratify the Protocols.
Forum secretariat activities
12. The Forum secretariat continues to promote the Treaty of Rarotonga and to
monitor national, regional and global developments relevant to the non-proliferation
of nuclear weapons. It also remains in contact with the secretariats of other nuclear
free zones in relation to relevant developments and joint activities.