African Nuclear Weapons Free Zone Treaty

African Nuclear Weapons Free Zone Treaty

The African Nuclear Weapon Free Zone Treaty, also known as the Treaty of Pelindaba, establishes a Nuclear-Weapon-Free Zone in Africa. Signature of the Treaty culminates a 32-year quest for a nuclear free Africa, beginning when the Organization of African Unity formally stated its desire for a Treaty ensuring the denuclearization of Africa at its first Summit in Cairo in July 1964.

The United States has supported the concept of the denuclearization of Africa since the first United Nations General Assembly resolution on this issue in 1965 and has played an active role in drafting the final text of the Treaty and Protocols. The United States, United Kingdom, and Russian Federation signed the treaty in 1996, but have not ratified their obligations as nuclear weapons states under Protocol I and Protocol II of the Treaty.

As of March 2008, the Treaty had 26 ratifications [http://disarmament.un.org/TreatyStatus.nsf/Pelindaba%20Treaty%20(in%20chronological%20order%20by%20deposit)?OpenView chronological order by deposit] [http://disarmament.un.org/TreatyStatus.nsf/Pelindaba%20Treaty%20(in%20alphabetical%20order)?OpenView alphabetical order] , but requires 28 in order to enter into force. The ratifying countries are Algeria, Benin, Botswana, Burkina Faso, Equatorial Guinea, Ethiopia, Gabon, Gambia, Guinea, Ivory Coast, Kenya, Libya, Lesotho, Madagascar, Mali, Mauritania, Mauritius, Mozambique [ [http://cns.miis.edu/pubs/week/080331_pelindaba.htm CNS - The Race Towards Entry Into Force of the Pelindaba Treaty: Mozambique Leading the Charge - March 31, 2008 - Feature Story ] ] , Nigeria, Rwanda, Senegal, South Africa, Swaziland, Tanzania, Togo, and Zimbabwe. [cite paper | author=African Union | title=List of countries which have signed, ratified/acceded to the African Nuclear-Weapons-Free Zone Treaty | date=2008-03-17 | url=http://www.africa-union.org/root/AU/Documents/Treaties/List/Pelindaba%20Treaty.pdf | accessdate=2008-07-10|format=PDF]

It was reported in 1996 that no African Arab state would ratify the Treaty until Israel renounces its nuclear weapons program.cite journal | author=Captain Mark E. Rosen, U.S. Navy | title=Nuclear-Weapon-Free Zones: Time for a fresh look | journal=Duke Journal of Comparative and International Law | volume=8 | issue=1 | date=Fall 1997 | pages=29–78 | url=http://www.law.duke.edu/journals/djcil/articles/djcil8p29.htm | accessdate=2006-07-28 | format=Dead link|date=May 2008] However, Algeria, Libya and Mauritania have since ratified the Treaty.

Treaty Outline

The Treaty prohibits the research, development, manufacture, stockpiling, acquisition, testing, possession, control or stationing of nuclear explosive devices in the territory of parties to the Treaty and the dumping of radioactive wastes in the African zone by Treaty parties. The Treaty also prohibits any attack against nuclear installations in the zone by Treaty parties and requires them to maintain the highest standards of physical protection of nuclear material, facilities and equipment, which are to be used exclusively for peaceful purposes. The Treaty requires all parties to apply full-scope International Atomic Energy Agency safeguards to all their peaceful nuclear activities. A mechanism to verify compliance, including the establishment of the African Commission on Nuclear Energy, has been established by the Treaty. Its office will be in South Africa. [cite web | title=African Nuclear Weapons Free Zone Treaty | publisher=Department of Foreign Affairs, Republic of South Africa | url=http://www.dfa.gov.za/foreign/Multilateral/africa/treaties/anwfz.htm | accessdate=2006-07-28] The Treaty affirms the right of each party to decide for itself whether to allow visits by foreign ships and aircraft to its ports and airfields, explicitly upholds the freedom of navigation on the high seas and does not effect rights to passage through territorial waters guaranteed by international law.

The Treaty has three Protocols.

:Under Protocol I, the United States, France, the United Kingdom, Russia and the People's Republic of China are invited to agree not to use or threaten to use a nuclear explosive device against any Treaty party or against any territory of a Protocol III party within the African zone.

:Under Protocol II, the United States, France, the United Kingdom, the Russian Federation and China are invited to agree not to test or assist or encourage the testing of a nuclear explosive device anywhere within the African zone.

:Protocol III is open to states with dependent territories in the zone and obligates them to observe certain provisions of the Treaty with respect to these territories; only Spain and France may become Parties to it.

History

The Treaty was opened for signature on April 11, 1996 in Cairo, Egypt. All the States of Africa are eligible to become parties to the Treaty, which will enter into force upon its 28th ratification; the Protocols with also come into force at that time for those Protocol signatories that have deposited their instruments of ratification.

The United Nations General Assembly has passed without a vote identical resolutions in 1997 (twice)UN document |docid=A-RES-51-53 |type=Resolution |body=General Assembly |session=51 |accessdate=2007-08-23] UN document |docid=A-RES-52-46 |type=Resolution |body=General Assembly |session=52 |accessdate=2007-08-23] , 1999UN document |docid=A-RES-54-48 |type=Resolution |body=General Assembly |session=54 |accessdate=2007-08-23] , 2001UN document |docid=A-RES-56-17 |type=Resolution |body=General Assembly |session=56 |accessdate=2007-08-23] , 2003UN document |docid=A-RES-58-30 |type=Resolution |body=General Assembly |session=58 |accessdate=2007-08-23] , and 2005UN document |docid=A-RES-60-49 |type=Resolution |body=General Assembly |session=60 |accessdate=2007-08-23] calling upon African States that have not yet done so to sign and ratify the Treaty as soon as possible so that it may enter into force without delay, and for States contemplated in Protocol III to take all necessary measures to ensure its speedy application. A resolution had been passed in 1995 in support of the final text of the Treaty.UN document |docid=A-RES-50-78 |type=Resolution |body=General Assembly |session=50 |accessdate=2007-08-23]

Diego Garcia

Russia has not ratified the Treaty because the status of the Indian Ocean island of Diego Garcia with regard to the Treaty is unclear. Diego Garcia is controlled by the United Kingdom, and is used as a military base by the United States. Neither the United States nor the United Kingdom recognizes Diego Garcia as being subject to the Treaty; Mauritius claims the Chagos Archipelago, including Diego Garcia. [cite web | title=Nuclear-Weapon-Free Zones At a Glance | publisher=Arms Control Association | url=http://www.armscontrol.org/factsheets/nwfz.asp | accessdate=2006-07-28]

References

External links

* [http://www.armscontrol.org/documents/pelindaba.asp?print Text of African Nuclear Weapons Free Zone Treaty]
* [http://www.state.gov/t/ac/trt/4699.htm African Nuclear Weapons Free Zone Treaty] , United States Department of State
* [http://www.nti.org/e_research/official_docs/inventory/pdfs/anwfz.pdf African Nuclear Weapons Free Zone Treaty] , Nuclear Threat Initiative


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