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Treaty of Rarotonga
(South Pacific Nuclear Weapons Free Zone)
Signed at Suva August 8, 1985
Entered into force December 11, 1986
1. On 6 August 1985 the South Pacific Forum, a body comprising the independent
and self -governing countries of the South Pacific (Australia, the Cook
Islands, Fiji, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, the
Solomon Islands, Tonga, Tuvalu, Vanuatu and Western Samoa), endorsed the
text of the South Pacific Nuclear Free Zone Treaty and opened it for signature.
2. The attached text of the Treaty with its Annexes was formally communicated
to the Director General by the Director of the South Pacific Bureau for
Economic Cooperation (SPEC), who has been nominated as Depositary of the
Treaty, and is herewith being circulated to all Member States for their
information pursuant to a request made by the Director of SPEC.
PREAMBLE
The Parties to this Treaty,
United in their commitment to a world at peace;
Gravely concerned that the continuing nuclear arms race presents the risk
of nuclear war which would have devastating consequences for all people;
Convinced that all countries have an obligation to make every effort to
achieve the goal of eliminating nuclear weapons, the terror which they
hold for humankind and the threat which they pose to life on earth;
Believing that regional arms control measures can contribute to global
efforts to reverse the nuclear arms race and promote the national security
of each country in the region and the common security of all;
Determined to ensure, so far as lies within their power, that the bounty
and beauty of the land and sea in their region shall remain the heritage
of their peoples and their descendants in perpetuity to be enjoyed by
all in peace;
Reaffirming the importance of the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT) in preventing the proliferation of nuclear weapons and in
contributing to world security;
Noting, in particular, that Article VII of the NPT recognizes the right
of any group of States to conclude regional treaties in order to assure
the total absence of nuclear weapons in their respective territories;
Noting that the prohibitions of emplantation and emplacement of nuclear
weapons on the seabed and the ocean floor and in the subsoil thereof contained
in the Treaty on the Prohibition of the Emplacement of Nuclear Weapons
and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor
and in the Subsoil Thereof apply in the South Pacific;
Noting also that the prohibition of testing of nuclear weapons in the
atmosphere or under water, including territorial waters or high seas,
contained in the Treaty Banning Nuclear Weapon Tests in the Atmosphere,
in Outer Space and Under Water applies in the South Pacific;
Determined to keep the region free of environmental pollution by radioactive
wastes and other radioactive matter;
Guided by the decision of the Fifteenth South Pacific Forum at Tuvalu
that a nuclear free zone should be established in the region at the earliest
possible opportunity in accordance with the principles set out in the
communique of that meeting;
Have agreed as follows:
ARTICLE 1
USAGE OF TERMS
For the purposes of this Treaty and its Protocols:
(a) "South Pacific Nuclear Free Zone" means the areas described in Annex
1 as illustrated by the map attached to that Annex;
(b) "territory" means internal waters, territorial sea and archipelagic
waters, the seabed and subsoil beneath, the land territory and the airspace
above them;
(c) "nuclear explosive device" means any nuclear weapon or other explosive
device capable of releasing nuclear energy, irrespective of the purpose
for which it could be used. The term includes such a weapon or device
in unassembled and partly assembled forms, but does not include the means
of transport or delivery of such a weapon or device if separable from
and not an indivisible part of it;
(d) "stationing" means emplantation, emplacement, transportation on
land or inland waters, stockpiling, storage, installation and deployment.
ARTICLE 2
APPLICATION OF THE TREATY
1. Except where otherwise specified, this Treaty and its Protocols shall
apply to territory within the South Pacific Nuclear Free Zone.
2. Nothing in this Treaty shall prejudice or in any way affect the rights,
or the exercise of the rights, of any State under international law with
regard to freedom of the seas.
ARTICLE 3
RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:
(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;
(b) not to seek or receive any assistance in the manufacture or acquisition
of any nuclear explosive device;
(c) not to take any action to assist or encourage the manufacture or
acquisition of any nuclear explosive device by any State. ARTICLE 4
PEACEFUL NUCLEAR ACTIVITIES
Each Party undertakes:
(a) not to provide source or special fissionable material, or equipment
or material especially designed or prepared for the processing, use or
production of special fissionable material for peaceful purposes to: (i)
any non-nuclear-weapon State unless subject to the safeguards required
by Article III.1 of the NPT, or
(ii) any nuclear-weapon State unless subject to applicable safeguards
agreements with the International Atomic Energy Agency (IAEA). Any such
provisions shall be in accordance with strict non-proliferation measures
to provide assurance of exclusively peaceful non-explosive use;
(b) to support the continued effectiveness of the international non-proliferation
system based on the NPT and the IAEA safeguards system. ARTICLE 5
PREVENTION OF STATIONING OF NUCLEAR
EXPLOSIVE DEVICES
1. Each Party undertakes to prevent in its territory the stationing of
any nuclear explosive device.
2. Each Party in the exercise of its sovereign rights remains free to
decide for itself whether to allow visits by foreign ships and aircraft
to its ports and airfields, transit of its airspace by foreign aircraft,
and navigation by foreign ships in its territorial sea or archipelagic
waters in a manner not covered by the rights of innocent passage, archipelagic
sea lane passage or transit passage of straits.
ARTICLE 6
PREVENTION OF TESTING OF NUCLEAR
EXPLOSIVE DEVICES
Each Party undertakes:
(a) to prevent in its territory the testing of any nuclear explosive device;
(b) not to take any action to assist or encourage the testing of any
nuclear explosive device by any State. ARTICLE 7
PREVENTION OF DUMPING
1. Each Party undertakes:
(a) not to dump radioactive wastes and other radioactive matter at sea
anywhere within the South Pacific Nuclear Free Zone.
(b) to prevent the dumping of radioactive wastes and other radioactive
matter by anyone in its territorial sea;
(c) not to take any action to assist or encourage the dumping by anyone
of radioactive wastes and other radioactive matter at sea anywhere within
the South Pacific Nuclear Free Zone;
(d) to support the conclusion as soon as possible of the proposed Convention
relating to the protection of the natural resources and environment of
the South Pacific region and its Protocol for the prevention of pollution
of the South Pacific region by dumping, with the aim of precluding dumping
at sea of radioactive wastes and other radioactive matter by anyone anywhere
in the region.
2. Paragraphs l(a) and l(b) of this Article shall not apply to areas of
the South Pacific Nuclear Free Zone in respect of which such a Convention
and Protocol have entered into force.
ARTICLE 8
CONTROL SYSTEM
1. The Parties hereby establish a control system for the purpose of verifying
compliance with their obligations under this Treaty.
2. The control system shall comprise:
(a) reports and exchange of information as provided for in Article 9;
(b) consultations as provided for in Article 10 and Annex 4 (1);
(c) the application to peaceful nuclear activities of safeguards by
the IAEA as provided for in Annex 2;
(d) a complaints procedure as provided for in Annex 4. ARTICLE 9
REPORTS AND EXCHANGES OF INFORMATION
1. Each Party shall report to the Director of the South Pacific Bureau
for Economic Co-operation (the Director) as soon as possible any significant
event within its jurisdiction affecting the implementation of this Treaty.
The Director shall circulate such reports promptly to all Parties.
2. The Parties shall endeavour to keep each other informed on matters
arising under or in relation to this Treaty. They may exchange information
by communicating it to the Director, who shall circulate it to all Parties.
3. The Director shall report annually to the South Pacific Forum on the
status of this Treaty and matters arising under or in relation to it,
incorporating reports and communications made under paragraphs 1 and 2
of this Article and matters arising under Articles 8(2)(d) and 10 and
Annex 2(4).
ARTICLE 10
CONSULTATIONS AND REVIEW
Without prejudice to the conduct of consultations among Parties by other
means, the Director, at the request of any Party, shall convene a meeting
of the Consultative Committee established by Annex 3 for consultation
and co-operation on any matter arising in relation to this Treaty or for
reviewing its operation.
ARTICLE 11
AMENDMENT
The Consultative Committee shall consider proposals for amendment of the
provisions of this Treaty proposed by any Party and circulated by the
Director to all Parties not less than three months prior to the convening
of the Consultative Committee for this purpose. Any proposal agreed upon
by consensus by the Consultative Committee shall be communicated to the
Director who shall circulate it for acceptance to all Parties. An amendment
shall enter into force thirty days after receipt by the depositary of
acceptances from all Parties.
ARTICLE 12
SIGNATURE AND RATIFICATION
1. This Treaty shall be open for signature by any Member of the South
Pacific Forum.
2. This Treaty shall be subject to ratification. Instruments of ratification
shall be deposited with the Director who is hereby designated depositary
of this Treaty and its Protocols.
3. If a Member of the South Pacific Forum whose territory is outside the
South Pacific Nuclear Free Zone becomes a Party to this Treaty, Annex
1 shall be deemed to be amended so far as is required to enclose at least
the territory of that Party within the boundaries of the South Pacific
Nuclear Free Zone. The delineation of any area added pursuant to this
paragraph shall be approved by the South Pacific Forum.
ARTICLE 13
WITHDRAWAL
1. This Treaty is of a permanent nature and shall remain in force indefinitely,
provided that in the event of a violation by any Party of a provision
of this Treaty essential to the achievement of the objectives of the Treaty
or of the spirit of the Treaty, every other Party shall have the right
to withdraw from the Treaty.
2. Withdrawal shall be effected by giving notice twelve months in advance
to the Director who shall circulate such notice to all other Parties.
ARTICLE 14
RESERVATIONS
This Treaty shall not be subject to reservations.
ARTICLE 15
ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of deposit of the eighth
instrument of ratification.
2. For a signatory which ratifies this Treaty after the date of deposit
of the eighth instrument of ratification, the Treaty shall enter into
force on the date of deposit of its instrument of ratification.
ARTICLE 16
DEPOSITARY FUNCTIONS
The depositary shall register this Treaty and its Protocols pursuant to
Article 102 of the Charter of the United Nations and shall transmit certified
copies of the Treaty and its Protocols to all Members of the South Pacific
Forum and all States eligible to become Party to the Protocols to the
Treaty and shall notify them of signatures and ratifications of the Treaty
and its Protocols.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments,
have signed this Treaty.
DONE at Rarotonga, this sixth day of August, One thousand nine hundred
and eighty-five, in a single original in the English language.
ANNEX 1
SOUTH PACIFIC NUCLEAR FREE ZONE
A. The area bounded by a line:
(1) commencing at the point of intersection of the Equator by the maritime
boundary between Indonesia and Papua New Guinea;
(2) running thence northerly along that maritime boundary to its intersection
by the outer limit of the exclusive economic zone of Papua New Guinea;
(3) thence generally north-easterly, easterly and south-easterly along
that outer limit to its intersection by the Equator;
(4) thence east along the Equator to its intersection by the meridian
of Longitude 163 degrees East;
(5) thence north along that meridian to its intersection by the parallel
of Latitude 3 degrees North;
(6) thence east along that parallel to its intersection by the meridian
of Longitude 171 degrees East;
(7) thence north along that meridian to its intersection by the parallel
of Latitude 4 degrees North;
(8) thence east along that parallel to its intersection by the meridian
of Longitude 180 degrees East;
(9) thence south along that meridian to its intersection by the Equator;
(10) thence east along the Equator to its intersection by the meridian
of Longitude 165 degrees West;
(11) thence north along that meridian to its intersection by the parallel
of Latitude 5 degrees 30 minutes North;
(12) thence east along that parallel to its intersection by the meridian
of Longitude 154 degrees West;
(13) thence south along that meridian to its intersection by the Equator;
(14) thence east along the Equator to its intersection by the meridian
of Longitude 115 degrees West;
(15) thence south along that meridian to its intersection by the parallel
of Latitude 60 degrees South;
(16) thence west along that parallel to its intersection by the meridian
of Longitude 115 degrees East;
(17) thence north along that meridian to its southernmost intersection
by the outer limit of the territorial sea of Australia;
(18) thence generally northerly and easterly along the outer limit of
the territorial sea of Australia to its intersection by the meridian of
Longitude 136 degrees 45 minutes East;
(19) thence north-easterly along the geodesic to the point of Latitude
10 degrees 50 minutes South, Longitude 139 degrees 12 minutes East;
(20) thence north-easterly along the maritime boundary between Indonesia
and Papua New Guinea to where it joins the land border between those two
countries;
(21) thence generally northerly along that land border to where it joins
the maritime boundary between Indonesia and Papua New Guinea, on the northern
coastline of Papua New Guinea; and
(22) thence generally northerly along that boundary to the point of
commencement.
B. The areas within the outer limits of the territorial seas of all Australian
islands lying westward of the area described in paragraph A and north
of Latitude 60 degrees South, provided that any such areas shall cease
to be part of the South Pacific Nuclear Free Zone upon receipt by the
depositary of written notice from the Government of Australia stating
that the areas have become subject to another treaty having an object
and purpose substantially the same as that of this Treaty.
(illustrative map not included)
ANNEX 2
IAEA SAFEGUARDS
1. The safeguards referred to in Article 8 shall in respect of each Party
be applied by the IAEA as set forth in an agreement negotiated and concluded
with the IAEA on all source or special fissionable material in all peaceful
nuclear activities within the territory of the Party, under its jurisdiction
or carried out under its control anywhere.
2. The agreement referred to in paragraph 1 shall be, or shall be equivalent
in its scope and effect to, an agreement required in connection with the
NPT on the basis of the material reproduced in document INFCIRC/153 (Corrected)
of the IAEA. Each Party shall take all appropriate steps to ensure that
such an agreement is in force for it not later than 18 months after the
date of entry into force for that Party of this Treaty.
3. For the purposes of this Treaty, the safeguards referred to in paragraph
1 shall have as their purpose the verification of the non-diversion of
nuclear material from peaceful nuclear activities to nuclear explosive
devices.
4. Each Party agrees upon the request of any other Party to transmit to
that Party and to the Director for the information of all Parties a copy
of the overall conclusions of the most recent report by the IAEA on its
inspection activities in the territory of the Party concerned, and to
advise the Director promptly of any subsequent findings of the Board of
Governors of the IAEA in relation to those conclusions for the information
of all Parties.
ANNEX 3
CONSULTATIVE COMMITTEE
1. There is hereby established a Consultative Committee which shall be
convened by the Director from time to time pursuant to Articles 10 and
11 and Annex 4 (2). The Consultative Committee shall be constituted of
representatives of the Parties, each Party being entitled to appoint one
representative who may be accompanied by advisers. Unless otherwise agreed,
the Consultative Committee shall be chaired at any given meeting by the
representative of the Party which last hosted the meeting of Heads of
Government of Members of the South Pacific Forum. A quorum shall be constituted
by representatives of half the Parties. Subject to the provisions of Article
11, decisions of the Consultative Committee shall be taken by consensus
or, failing consensus, by a two-thirds majority of those present and voting.
The Consultative Committee shall, adopt such other rules of procedure
as it sees fit.
2. The costs of the Consultative Committee, including the costs of special
inspections pursuant to Annex 4, shall be borne by the South Pacific Bureau
for Economic Co-operation. It may seek special funding should this be
required.
ANNEX 4
COMPLAINTS PROCEDURE
1. A Party which considers that there are grounds for a complaint that
another Party is in breach of its obligations under this Treaty shall,
before bringing such a complaint to the Director, bring the subject matter
of the complaint to the attention of the Party complained of and shall
allow the latter reasonable opportunity to provide it with an explanation
and to resolve the matter.
2. If the matter is not so resolved, the complainant Party may bring the
complaint to the Director with a request that the Consultative Committee
be convened to consider it. Complaints shall be supported by an account
of evidence of breach of obligations known to the complainant Party. Upon
receipt of a complaint the Director shall convene the Consultative Committee
as quickly as possible to consider it.
3. The Consultative Committee, taking account of efforts made under paragraph
1, shall afford the Party complained of a reasonable opportunity to provide
it with an explanation of the matter.
4. If, after considering any explanation given to it by the representatives
of the Party complained of, the Consultative Committee decides that there
is sufficient substance in the complaint to warrant a special inspection
in the territory of that Party or elsewhere, the Consultative Committee
shall direct that such special inspection be made as quickly as possible
by a special inspection team of three suitably qualified special inspectors
appointed by the Consultative Committee in consultation with the complained
of and complainant Parties, provided that no national of either Party
shall serve on the special inspection team. If so requested by the Party
complained of, the special inspection team shall be accompanied by representatives
of that Party. Neither the right of consultation on the appointment of
special inspectors, nor the right to accompany special inspectors, shall
delay the work of the special inspection team.
5. In making a special inspection, special inspectors shall be subject
to the direction only of the Consultative Committee and shall comply with
such directives concerning tasks, objectives, confidentiality and procedures
as may be decided upon by it. Directives shall take account of the legitimate
interests of the Party complained of in complying with its other international
obligations and commitments and shall not duplicate safeguards procedures
to be undertaken by the IAEA pursuant to agreements referred to in Annex
2 (1). The special inspectors shall discharge their duties with due respect
for the laws of the Party complained of.
6. Each Party shall give to special inspectors full and free access to
all information and places within its territory which may be relevant
to enable the special inspectors to implement the directives given to
them by the Consultative Committee.
7. The Party complained of shall take all appropriate steps to facilitate
the special inspection, and shall grant to special inspectors privileges
and immunities necessary for the performance of their functions, including
inviolability for all papers and documents and immunity from arrest, detention
and legal process for acts done and words spoken and written, for the
purpose of the special inspection.
8. The special inspectors shall report in writing as quickly as possible
to the Consultative Committee, outlining their activities, setting out
relevant facts and information as ascertained by them, with supporting
evidence and documentation as appropriate, and stating their conclusions.
The Consultative Committee shall report fully to all Members of the South
Pacific Forum, giving its decision as to whether the Party complained
of is in breach of its obligations under this Treaty.
9. If the Consultative Committee has decided that the Party complained
of is in breach of its obligations under this Treaty, or that the above
provisions have not been complied with, or at any time at the request
of either the complainant or complained of Party, the Parties shall meet
promptly at a meeting of the South Pacific Forum.
SOUTH PACIFIC NUCLEAR FREE ZONE TREATY
1. On 8 August 1986 the Protocols to the South Pacific Nuclear Free Zone
Treaty were adopted by the South Pacific Forum at its 17th session, in
Suva.
2. The attached texts of the Protocols were formally communicated to the
Director General by the Director of the South Pacific Bureau for Economic
Co-operation (SPEC) and are herewith being circulated to all Member States
for their information pursuant to a request made by the Director of SPEC.
3. Following the deposit of the eighth instrument of ratification, the
South Pacific Nuclear Free Zone Treaty entered into force on 11 December
1986.
PROTOCOL 1
The Parties to this Protocol
Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have agreed as follows:
ARTICLE 1
Each Party undertakes to apply, in respect of the territories for which
it is internationally responsible situated within the South Pacific Nuclear
Free Zone, the prohibitions contained in Articles 3, 5 and 6, insofar
as they related to the manufacture, stationing and testing of any nuclear
explosive device within those territories, and the safeguards specified
in Article 8(2)(c) and Annex 2 of the Treaty.
ARTICLE 2
Each Party may, by written notification to the depositary, indicate its
acceptance from the date of such notification of any alteration to its
obligation under this Protocol brought about by the entry into force of
an amendment to the Treaty pursuant to Article 11 of the Treaty.
ARTICLE 3
This Protocol shall be open for signature by the French Republic, the
United Kingdom of Great Britain and Northern Ireland and the United States
of America.
ARTICLE 4
This Protocol shall be subject to ratification.
ARTICLE 5
This Protocol is of a permanent nature and shall remain in force indefinitely,
provided that each Party shall, in exercising its national sovereignty,
have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardized
its supreme interests. It shall give notice of such withdrawal to the
depositary three months in advance. Such notice shall include a statement
of the extraordinary events it regards as having jeopardized its supreme
interests.
ARTICLE 6
This Protocol shall enter into force for each State on the date of its
deposit with the depositary of its instrument of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments,
have signed this Protocol.
DONE at Suva, this eighth day of August, one thousand nine hundred and
eighty-six, in a single original in the English language.
PROTOCOL 2
The Parties to this Protocol
Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have agreed as follows:
ARTICLE 1
Each Party undertakes not to use or threaten to use any nuclear explosive
device against:
(a) Parties to the Treaty; or
(b) Any territory within the South Pacific Nuclear Free Zone for which
a State that has become a Party to Protocol 1 is internationally responsible.
ARTICLE 2
Each Party undertakes not to contribute to any act of a Party to the Treaty
which constitutes a violation of the Treaty, or to any act of another
Party to a Protocol which constitutes a violation of a Protocol.
ARTICLE 3
Each Party may, by written notification to the depositary, indicate its
acceptance from the date of such notification of any alteration to its
obligation under this Protocol brought about by the entry into force of
an amendment to the Treaty pursuant to Article 11 of the Treaty or by
the extension of the South Pacific Nuclear Free Zone pursuant to Article
12(3) of the Treaty.
ARTICLE 4
This Protocol shall be open for signature by the French Republic, the
People's Republic of China, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland and the United States
of America.
ARTICLE 5
This Protocol shall be subject to ratification.
ARTICLE 6
This Protocol is of a permanent nature and shall remain in force indefinitely,
provided that each Party shall, in exercising its national sovereignty,
have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardized
its supreme interests. It shall give notice of such withdrawal to the
depositary three months in advance. Such notice shall include a statement
of the extraordinary events it regards as having jeopardized its supreme
interests.
ARTICLE 7
This Protocol shall enter into force for each State on the date of its
deposit with the depositary of its instrument of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments,
have signed this Protocol.
DONE at Suva, this eighth day of August, one thousand nine hundred and
eighty-six, in a single original in the English language.
PROTOCOL 3
The Parties to this Protocol
Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have agreed as follows:
ARTICLE 1
Each Party undertakes not to test any nuclear explosive device anywhere
within the South Pacific Nuclear Free Zone.
ARTICLE 2
Each Party may, by written notification to the depositary, indicate its
acceptance from the date of such notification of any alteration to its
obligation under this Protocol brought about by the entry into force of
an amendment to the Treaty pursuant to Article 11 of the Treaty or by
the extension of the South Pacific Nuclear Free Zone pursuant to Article
12(3) of the Treaty.
ARTICLE 3
This Protocol shall be open for signature by the French Republic, the
People's Republic of China, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland and the United States
of America.
ARTICLE 4
This Protocol shall be subject to ratification.
ARTICLE 5
This Protocol is of a permanent nature and shall remain in force indefinitely,
provided that each Party shall, in exercising its national sovereignty,
have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardized
its supreme interests. It shall give notice of such withdrawal to the
depositary three months in advance. Such notice shall include a statement
of the extraordinary events it regards as having jeopardized its supreme
interests.
ARTICLE 6
This Protocol shall enter into force for each State on the date of its
deposit with the depositary of its instrument of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments,
have signed this Protocol.
DONE at Suva, this eighth day of August, one thousand nine hundred and
eighty-six, in a single original in the English language.
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