African Nuclear Weapons Free Zone Treaty
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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 2005, the Treaty had 20 ratifications, but still requires 8 more ratifications for its entry into force. The ratifying countries are Algeria, Botswana, Burkina Faso, Equatorial Guinea, Gambia, Guinea, Ivory Coast, Kenya, Libya, Lesotho, Madagascar, Mali, Mauritania, Mauritius, Nigeria, South Africa, Swaziland, Tanzania, Togo, and Zimbabwe.[1]
It was reported in 1996 that no African Arab state would ratify the Treaty until Israel, which is not eligible to join the Treaty, renounces its nuclear weapons program.[2] However, Algeria and Libya have since ratified the Treaty.
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[edit] 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.[3] 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 with 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.
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 with enter into force upon its 28th ratification; the Protocols with also into force at that time for those Protocol signatories that have deposited their instruments of ratification.
[edit] Diego Garcia
The UK 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.[4]
[edit] References
- ^ African Union (December 2005). "List of countries which have signed, ratified/acceded to the African Nuclear-Weapons-Free Zone Treaty". Retrieved on 2006-07-28.
- ^ Captain Mark E. Rosen, U.S. Navy (Fall 1997). "Nuclear-Weapon-Free Zones: Time for a fresh look". Duke Journal of Comparative and International Law 8 (1): 29-78. Retrieved on 2006-07-28.
- ^ African Nuclear Weapons Free Zone Treaty. Department of Foreign Affairs, Republic of South Africa. Retrieved on 2006-07-28.
- ^ Nuclear-Weapon-Free Zones At a Glance. Arms Control Association. Retrieved on 2006-07-28.
