AFCONE Commissioner Zaheer Laher of South Africa delivered an official statement on behalf of the African Commission on Nuclear Energy (AFCONE) during a hybrid discussion marking the International Day Against Nuclear Tests. The discussion focused on “Reinforcing Negative Security Assurances in the Context of Nuclear-Weapon-Free Zones and the Global Non-Proliferation Regime.”
Excellencies, Ladies and Gentlemen,
On behalf of the African Commission on Nuclear Energy (AFCONE), I express our appreciation to the Government of Kazakhstan for inviting us to contribute this important discussion.
Excellencies,
It must be emphasised that the total elimination of nuclear weapons and a universal legally binding assurance that they will never be produced again is the only absolute guarantee against their use or threat of use.
Since the OAU declaration on the Denuclearization of Africa in 1964, African States have been convinced of the need to take all steps in achieving the ultimate goal of a world entirely free of nuclear weapons, as well as of the obligations of all States to contribute to this end.
Accordingly, it must be reaffirmed that the establishment of internationally recognised nuclear-weapon-free zones on the basis of arrangements freely arrived at among the States of the region concerned, enhances global and regional peace and security. It also constitutes important steps to strengthen the nuclear disarmament and nuclear non-proliferation regime.
The Pelindaba Treaty was established to primarily create a nuclear-weapons-free zone in Africa, with the African Commission on Nuclear Energy (AFCONE) established under that Treaty to promote nuclear non-proliferation, disarmament, and the peaceful use of nuclear energy in Africa.
Similarly, the States Parties to the Pelindaba Treaty also reaffirmthe importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the need for the implementation of all its provisions to promote nuclear non-proliferation, disarmament, and the peaceful use of nuclear energy globally.
In this regard, we believethat the African nuclear-weapon-free zone protects African States at a regional level against nuclear attacks on their territories. This is achieved primarily through the three Protocols to the Treaty, especially noting Protocol I, for the purposes of this discussion, which obliges nuclear-weapon States not to use or threaten to use a nuclear explosive device against Any Party to the Treaty or Any territory within the African nuclear-weapon-free zone. These are the so-called negative security assurances.
Excellencies,
In the context of the Pelindaba Treaty, four of the five Nuclear-Weapon States have ratified the Treaty Protocols. Though, it must be noted that some ratifications include reservations.
AFCONE urges the ratification by all relevant States, without further delay, of the relevant Protocols to existing nuclear-weapon-free zone treaties. It is essential for nuclear-weapon States that have signed or ratified any of the relevant protocols of a nuclear-weapon-free zone treaty and that did so with reservations or unilateral interpretations affecting the status of the denuclearised zone, should be urged to modify or withdraw such reservations or unilateral interpretations.
AFCONE also appeals to all African countries that have not yet done so to ratify the Pelindaba treaty.
At the same time, it must also be placed on record that a call for negative security assurances should not be perceived as any sort of recognition for the continued possession of nuclear weapons nor is it some ultimate objective in and of itself. It is, instead, a pragmatic, interim and practical measure aimed at strengthening the non-proliferation regime and the objective of a nuclear-weapon-free world.
Excellencies,
The argument that assurances provided under United Nations Security Council Resolution 984 of 1995, and nuclear weapon free zones are sufficient is technically flawed, in view of the 1996 International Court of Justice Advisory Opinion and the 2000 NPT Review Conference Document that made it clear that security assurances should be granted in the context of the NPT.
It must be reiterated that the unilateral statements by the nuclear-weapon States fail to meet any of the requirements of legally binding, effective, unconditional, non-discriminatory and irrevocable negative security assurances as requested by the non-nuclear-weapon States parties to the NPT.
The qualified assurances provided under nuclear weapon-free zone treaties also cannot be seen as sufficient, especially in view of the non-ratification by some nuclear-weapon States and the reservations that have been included.
Excellencies,
AFCONE remains convinced that, pending the total elimination of nuclear weapons, the most effective way to address the issue of negative security assurances and to provide credible and effective security assurances, would be through the negotiation, by all states parties to the NPT, of an international agreement prohibiting the use or threat of use of nuclear weapons against non-nuclear weapon States parties to the NPT.
The provision of legally-binding security assurances to States that have foregone the nuclear weapons option under the NPT is based on the belief that it would not only enhance the security of non-nuclear-weapon States under the Treaty, but also strengthen the non-proliferation norm.
Because the NPT is the primary international legal instrument under which the non-nuclear-weapon States have foregone the nuclear weapons option, it follows that security assurances should be provided under the NPT. The granting of legally-binding security assurances to the non-nuclear-weapon States under the NPT would fulfil one of the NPT’s core bargains to States that have foresworn the nuclear-weapons option.
The significance of the provision of such security assurances also lies in the incentive to those who remain outside the Treaty. To this end, nuclear-weapon States should work constructively towards the conclusion of legally-binding assurances under the NPT as this is long overdue.
In conclusion, we would wish to emphasise that AFCONE reiterates its strong support for the urgent commencement of negotiations on effective, universal, unconditional, non-discriminatory and irrevocable legally binding negative security assurances against the use or threat of use of nuclear weapons under all circumstances, by all nuclear-weapon States to all non-nuclear-weapon States parties to the NPT, pending the realisation of the goal of total elimination of nuclear weapons.
I thank you.