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African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) African Commission on Nuclear Energy (AFCONE)

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African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) African Commission on Nuclear Energy (AFCONE) African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) African Commission on Nuclear Energy (AFCONE) ﻣراد اﻟﺗﻠﻣﯾﻧﻲ Mourad Telmini Professor of Atomic Physics AFCONE Vice-Chair Faculty of Science of Tunis (2011-2014) 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia 1 Outline • The Pelindaba Treaty • Obligations of the States Parties • African Commission on Nuclear Energy (AFCONE) • AFCONE activities (2011-2014) 2 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia The Pelindaba Treaty • July 1964 (Cairo) : The Organization of African Unity (OAU) adopted the Declaration on Denuclearization of Africa. • April 1996 (Cairo): The the African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) was adopted and opened for signature. • July 2009 : Entrance into force of the Tr e a t y (after ratification of the 28th state party) • November 2010 : First Conference of states parties (CSP) • May 2011 : First Ordinary session of the African Commission on Nuclear Energy (AFCONE) 3 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia The Pelindaba Treaty • As for 02 March 2015: – Morocco and all 53 Member States of the African Union (AU) signed the Treaty. – 38 countries had deposited their instruments of ratification with the AU commission. – 16 signed the Treaty (ratification pending) – 1 non-signatory state : South Sudan 4 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Map of the Treaty • The Nuclear-Weapon-Free Zone in Africa (NWFZA) covers all the African continent and the following islands: – African Island states : • Mauritius (including Rodrigues, Agalega and Chagos Archipelago-Diego Garcia) • Cape Verde • Madagascar • Comoros • Seychelles; • Sao Tome and Principe – Islands belonging to African continental states • Prince Edward Islands (South Africa) • The archipelago of Zanzibar ( Tanzania) . – Islands belonging to non-African states • Canary Islands (Spain) • Atoll Bassas da India, Europa, Juan de Nova, Mayotte, Reunion and Tromelin (France) • The official map was updated Nov 2013 – (Updated with Democratic Republic of Congo and Republic of South Sudan) 5 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Other NWFZs Land area Treaty Region States In force (km2) Antarctic Antarctica 14,000,000 1961-06-23 Outer Space 1967-10-10 Space Latin Tlatelolco American 21,069,501 33 1969-04-25 Caribbean Seabed Seabed 1972-05-18 South Rarotonga 9,008,458 13 1986-12-11 Pacific Bangkok ASEAN 4,465,501 10 1997-03-28 MNWFS Mongolia 1,564,116 1 2000-02-28 CANWFZ Central Asia 4,003,451 5 2009-03-21 Pelindaba Africa 30,221,532 53 2009-07-15 Total: 84,000,000 116 6 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia The Pelindaba Treaty • The Treaty contains 22 articles, 3 annexes and 3 protocols. • 9 articles concern states parties obligations : – Article 3, renunciation of nuclear explosive devices, – Article 4, prevention of stationing of nuclear explosive devices, – Article 5, prohibition of testing of nuclear explosive devices, – Article 6, declaration, dismantling, destruction or conversion of nuclear explosive devices and the facilities for their manufacture, – Article 7, prohibition of dumping of radioactive wastes, – Article 8, peaceful nuclear activities, – Article 9, verification of Peaceful Uses, – Article 10, physical protection of nuclear materials and facilities, – Article 11, prohibition of armed attack on nuclear installations. 7 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Article 12 : AFCONE • Mechanism for compliance: • 1. For the purpose of ensuring compliance with their undertakings under this Treaty, the Parties agree to establish the African Commission on Nuclear Energy (hereafter referred to as the Commission) as set out in annex III. • 2. The Commission shall be responsible inter alia for: – (a) Collating the reports and the exchange of information as provided for in article 13; – (b) Arranging consultations as provided for in annex IV, as well as convening conferences of Parties on the concurrence of simple majority of State Parties on any matter arising from the implementation of the Treaty; – (c) Reviewing the application to peaceful nuclear activities of safeguards by IAEA as elaborated in annex II; – (d) Bringing into effect the complaints procedure elaborated in annex IV; – (e) Encouraging regional and subregional programmes for cooperation in the peaceful uses of nuclear science and technology; – (f) Promoting international cooperation with extra-zonal States for the peaceful uses of nuclear science and technology. 8 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Article 13 : Reporting • Report and exchanges of information – 1. Each Party shall submit an annual report to the Commission on its nuclear activities as well as other matters relating to the Treaty, in accordance with the format for reporting to be developed by the Commission. – 2. Each Party shall promptly report to the Commission any significant event affecting the implementation of the Treaty. – 3. The Commission shall request the IAEA to provide it with an annual report on the activities of AFRA. 9 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Treaty protocols • The Treaty has three Protocols; • The first two commit States parties not to use or threaten to use a nuclear device against any territory within the African Nuclear- Weapon-Free Zone, as well as not to undertake, assist or encourage the testing of any nuclear explosive device anywhere within the Zone. These two Protocols are open for signature by the five recognized nuclear-weapon States. • The third Protocol, which is open for signature by France and Spain, concerns the territories for which they are de jure or de facto internationally responsible, and which are situated within the Zone. The Protocol commits them not to contribute to any act that constitutes a violation of the Treaty. 10 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Treaty protocols • Signature: – France signed Protocols I, II and III of the Treaty of Pelindaba. – The United Kingdom, China, the United States of America and The Russian Federation signed only Protocols I and II. • Ratification – France has ratified Protocols I, II and III. – China, the United Kingdom and the Russian Federation have ratified Protocols I and II. • Spain has neither signed nor ratified Protocol III of the Treaty. 11 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia ANNEX III : African Commission on Nuclear Energy • 1. The Commission established in article 12 shall be composed of twelve Members elected by Parties to the Treaty for a three-year period, bearing in mind the need for equitable geographical distribution as well as to include Members with advanced nuclear programmes. Each Member shall have one representative nominated with particular regard for his/her expertise in the subject of the Treaty. 12 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia ANNEX III : African Commission on Nuclear Energy • 2. The Commission shall have a Bureau consisting of the Chairman, the Vice-Chairman and the Executive Secretary. it shall elect its Chairman and Vice-Chairman. The Secretary- General of the organization of African Unity, at the request of Parties to the Treaty and in consultation with the chairman, shall designate the Executive Secretary of the Commission. • For the first meeting a quorum shall be constituted by representatives of two thirds of the Members of the Commission. For that meeting decisions of the Commission shall be taken as far as possible by consensus or otherwise by a two-thirds majority of the Members of the commission. The Commission shall adopt its rules of procedure at that meeting. 13 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia ANNEX III : African Commission on Nuclear Energy • 3. The Commission shall develop a format for reporting by States as required under articles 12 and 13.4. – (a) The budget of the Commission, including the costs of inspections pursuant to annex IV to this Treaty, shall be borne by the Parties to the Treaty in accordance with a scale of assessment to be determined by the Parties; – (b) The Commission may also accept additional funds from other sources provided such donations are consistent with the purposes and objectives of the Treaty 14 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia Conference of States Parties (CSP) and AFCONE Ordinary sessions Date Venue 1st CSP 4 November 2010 Addis Ababa 2nd CSP 12-13 November 2012 Addis Ababa 3rd CSP 29-30 May 2014 Addis Ababa Date Venue 1st session 4 May 2011 Addis Ababa 2nd session 26 July 2012 Addis Ababa 3rd session 11-15 November 2013 Pretoria / Cape To w n 4th session 27 May 2014 Addis Ababa 15 6th ANNuR Network Meeting 02 - 04 March 2015 Hammamet, Tunisia 1st CSP (November 2010) • The First Conference of State Parties to the African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) took place at the African Union (AU) Headquarters, in Addis Ababa, on 4 November 2010. The Conference was held in accordance with Articles 12 and 14 of the Treaty of Pelindaba. In particular, Article 14 stipulates that "a Conference of all Parties to the Treaty shall be convened by the Depositary (the AU Commission) as soon as possible after the entry into force of the Treaty to, inter alia, elect members of the African Commission on Nuclear Energy and determine its headquarters". • The following AU Member States Parties to the Treaty of Pelindaba, participated in the Conference:
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