Preliminary Pages
Foreword
The road to nuclear hell is paved with defensive intentions.
The United States developed nuclear weapons after it was attacked during the
Second World War by Japan, and both the United States and Russia developed
nuclear weapons as a defensive strategy during the Cold War.
Because they had nuclear weapons China, which at various
times during the nuclear age has had poor relations with both America and
Russia, developed nuclear weapons as well. Because China had nuclear weapons, India
felt threatened and developed nuclear weapons. Because India developed nuclear
weapons, Pakistan felt threatened and developed nuclear weapons. And the
strength of religious fundamentalist terrorist groups in Pakistan has created
an ever present and alarming risk that nuclear weapons could fall into the
hands of non-state actors— terrorist groups who have no respect for human life
and will take no notice of doctrines of ‘deterrence’ and ‘mutually assured
destruction’ in the way governments might reasonably be expected to.
We must do all that we can to try to break every link in
this dangerous nuclear chain. Every one of us has a responsibility to help
re-energise the international political debate, against a background of really
a decade or more in which the international community has been sleepwalking
when it comes to both non-proliferation and especially disarmament.
While concern about nuclear non-proliferation and
disarmament has existed for as long as nuclear weapons themselves, the
Committee’s inquiry has come at a particularly opportune time. It is clear that
in 2009 the world has again engaged with this issue and reaffirmed the
importance of the abolition of nuclear weapons. Significantly, world leaders
such as President Obama have set out a vision of a world without nuclear
weapons. Others too share this vision. In the last few months we have seen more
progress on these issues than has been witnessed in many years.
Nevertheless, threats to the nuclear non-proliferation
regime are more pressing than ever: the Democratic People’s Republic of Korea
claims to have withdrawn from the Treaty on the Non-proliferation of Nuclear
Weapons (NPT) and in May this year detonated a second nuclear device; and Iran
remains non compliant with United Nations Security Council resolutions and
hinders full inspections access by the International Atomic Energy Agency
(IAEA).
The focus of this inquiry—the treaties that underpin the
nuclear non-proliferation and disarmament regime—is critically important. Much
emphasis has been placed upon not only strengthening the NPT, but also bringing
the Comprehensive Nuclear-Test-Ban Treaty into force and negotiating a Fissile
Material Cut-Off Treaty. For some people, a Nuclear Weapons Convention that
would bring together many of the elements of other treaties, is the best way
forward.
What is clear is that we are at a point where concrete
action must be taken.
The Committee has focussed upon the 2010 NPT Review
Conference as one international milestone in this process. We must do all we
can to break down the divisions between the ‘haves’ and ‘have nots’ in the
nuclear world. This Conference presents an ideal opportunity for the world to
reaffirm its support for the abolition of nuclear weapons and recommit to the
undertakings given as parties to the NPT and in previous NPT Review
Conferences. It is important to remember that in 2000, the nuclear weapons
states committed to an ‘unequivocal undertaking’ to eliminate their nuclear
arsenals. Many countries now consider that it is time to make good on that
commitment.
It is also time to build confidence between nations by
de-emphasising the role of nuclear weapons in security policies. Rather than
modernising and replacing these weapons, states need to reduce their role and
salience in nuclear doctrine.
The steps that need to be taken are clear and have been on
the table for some time. What is needed now is the political will to make them
a reality. While the Committee does not underestimate the challenges presented
by countries’ security concerns and their varying geopolitical contexts, it
sees no reason why action cannot be taken.
There is an existing moratorium on nuclear testing being
observed by the nuclear weapon states. It is time to turn that moratorium into
a legally binding commitment through the Comprehensive Nuclear-Test-Ban Treaty.
The NPT nuclear weapon states are no longer producing
fissile materials. We now need to convince the few states that are engaged in
production to agree to progress a Fissile Material Cut-Off Treaty. Like the
CTBT, this Treaty is a critical mechanism to bring those countries that are not
part of the NPT into the non-proliferation and disarmament regime.
Discussions between the United States and Russia on a
replacement nuclear weapons reduction treaty for START are welcome progress on
disarmament. It is America and Russia who have the vast majority of the world’s
nuclear weapons, so other countries can hardly be expected to disarm if there
is no leadership coming from these countries. But the efforts of America and
Russia alone will not make the world safe from nuclear attack, far from it.
They must be complemented by steps taken by the other nuclear powers to also
disarm.
We need to reinforce our support for the work of the
International Atomic Energy Agency, particularly if it is to be the
verification agency for a Fissile Material Cut-Off Treaty. Its responsibilities
are enormous, yet it struggles with a budget inadequate for the task. We must
support the IAEA to implement the best possible verification and safeguards
regime that can be achieved.
We should also look at ways to ensure that peaceful uses of
nuclear energy do not contribute to the proliferation of nuclear weapons, and
this report examines fuel cycle multilateralisation as one of these mechanisms.
And we need to address non-compliance issues that are
undermining the NPT.
The Committee expresses its strong support for the
International Commission on Nuclear Non-proliferation and Disarmament. The
opportunity is right for the Commission’s work to be taken up and promoted by
Governments.
The Committee also sees that there is an important
contribution that parliamentarians can make as well. Parliamentarians occupy a
unique position that can be utilised to build political will and a commitment
to a global approach to nuclear non-proliferation and disarmament issues.
I want to thank my fellow Committee members, not just for
the hard work involved in producing a 230 plus page report, but for the
attitude of cooperation and determination to say something significant and
worthwhile with which they approached this task.
The Treaties Committee has members from the Labor Party,
Liberal Party, Nationals and Greens, with very different perspectives on a
range of nuclear and foreign policy questions. But each member of the Committee
has wanted to play their part in protecting people from the nuclear threat.
Each member of the Committee has wanted to ensure that Australia’s voice is
heard loud and clear around the world on these matters. And so we have worked through
the issues until we achieved an agreed outcome, a platform for progress.
For, borrowing a little from the late, great, Edward
Kennedy, the dream of a world without nuclear weapons is a dream that must
never die. We must never accept that it is alright to live in a world where
some people have the power to kill tens of millions of their fellow human
beings, and make the planet uninhabitable, in a heart beat. That must never be
acceptable.
I wish to place on the record my great appreciation for the
mighty work done by the Committee Secretariat, in particular Inquiry Secretary
Julia Searle and Committee Secretary Jerome Brown, in enabling this Report to
happen. I urge my colleagues here in Australia and in other Parliaments, and
ordinary Australians and citizens of other countries, to read it, think about
it, and make a world free of nuclear weapons a reality.
Kelvin Thomson
MP
Chair
Membership of the Committee
Chair
|
Mr Kelvin Thomson MP
|
|
Deputy
Chair
|
Senator Julian McGauran
|
|
Members
|
Hon Kevin Andrews MP
(until 10/11/08)
|
Senator Simon Birmingham
|
|
Mr Jamie Briggs MP
(from 11/11/08)
|
Senator Michaelia Cash
|
|
Mr John Forrest MP
|
Senator Don Farrell
|
|
Ms Jill Hall MP
|
Senator Scott Ludlam
|
|
Ms Julia Irwin MP
(from 6/2/09 until 12/3/09)
|
Senator Louise Pratt
|
|
Hon John Murphy MP
(from 13/3/09)
|
Senator Dana Wortley
|
|
Ms Belinda Neal MP
|
|
|
Ms Melissa Parke MP
|
|
|
Mr Luke Simpkins MP
|
|
|
Ms Maria Vamvakinou MP
|
|
Committee Secretariat
Secretary
|
Jerome Brown
|
Inquiry
Secretary
|
Julia Searle
Sonya Fladun
(until 17/4/09)
|
Research
Officer
|
Geoff Wells
|
Administrative
Officers
|
Heidi Luschtinetz
(from 19/1/09)
|
|
Dorota Cooley
|
|
|
Terms of reference
The Committee is to inquire
into and report on:
- The
international treaties involving Australia which relate to nuclear non-proliferation
and disarmament.
- How these
treaties advance Australia's objectives in this field.
- How the
treaties might be made more comprehensive or effective.
- How
inter-parliamentary action can assist in strengthening treaty-based
aspects of the nuclear non-proliferation and disarmament regime.
- How the
Committee and the Parliament can contribute to the work of the
International Commission on Nuclear Non-proliferation and Disarmament.
List of abbreviations
ABM Treaty
|
Treaty between the United States
of America and the Union of Soviet Socialist Republics on the Limitation of
Anti-Ballistic Missile Systems
|
AONM
|
Australian obligated nuclear
material
|
APM Convention
|
Convention on the Prohibition of
Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on
Their Destruction
|
APPF
|
Asia-Pacific Parliamentary Forum
|
CANWFZ
|
Central Asian Nuclear Weapon Free
Zone
|
CD
|
Conference on Disarmament
|
CNIC
|
Citizen’s Nuclear Information
Center
|
CSTO
|
Charter of the Collective
Security Treaty Organization
|
CTBT
|
Comprehensive Nuclear-Test-Ban
Treaty
|
CWC
|
Chemical Weapons Convention
|
DPRK
|
Democratic People’s Republic of
Korea
|
EU
|
European Union
|
EURATOM
|
European Atomic Energy Community
|
FAS
|
Federation of American Scientists
|
FCO
|
UK Foreign and Commonwealth
Office
|
FMCT
|
Fissile Material Cut-Off Treaty
|
GCI
|
Global Communications
Infrastructure
|
GIF
|
Generation IV International Forum
|
GNEP
|
Global Nuclear Energy Partnership
|
HEU
|
Highly enriched uranium
|
IAEA
|
International Atomic Energy
Agency
|
ICNND
|
International Commission on
Nuclear Non-proliferation and Disarmament
|
IDC
|
International Data Centre
|
IMS
|
International Monitoring System
|
INF Treaty
|
Treaty between the United States
of America and the Union of Soviet Socialist Republics on the Elimination of
their Intermediate-range and Shorter-range Missiles
|
INFCE
|
International Nuclear Fuel Cycle
Evaluation
|
INPRO
|
International Project on
Innovative Nuclear Reactors and Fuel Cycles
|
IPU
|
Inter-parliamentary Union
|
IUEC
|
International Uranium Enrichment
Centre
|
LEU
|
Low enriched uranium
|
MESP
|
Multilateral Enrichment Sanctuary
Program
|
MNA
|
Multilateral nuclear approaches
|
NAM
|
Non-aligned Movement
|
NGO
|
Non-government organisation
|
NNWS
|
Non nuclear weapon states
|
NSG
|
Nuclear Suppliers Group
|
NPT
|
Treaty on the Non-Proliferation
of Nuclear Weapons
|
NTI
|
Nuclear Threat Initiative
|
NWC
|
Nuclear Weapons Convention
|
NWFZ
|
Nuclear Weapon Free Zone
|
NWS
|
Nuclear weapon states
|
OECD-NEA
|
Organisation for Economic
Co-operation and Development Nuclear Energy Agency
|
PrepCom
|
Preparatory Committee for the
Review Conference of the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons
|
Pu
|
Plutonium
|
PUREX
|
Plutonium and Uranium Recovery by
Extraction
|
RCA
|
Regional cooperative agreement
|
SALT I
|
Interim Agreement Between the
United States of America and the Union of Soviet Socialist Republics on
Certain Measures with Respect to the Limitation of Strategic Offensive Arms
|
SALT II
|
Treaty between the United States
of America and the Union of Soviet Socialist Republics on the Limitation of
Strategic Offensive Arms
|
SEANWFZ
|
Southeast Asian
Nuclear-Weapon-Free-Zone Treaty
|
SILEX
|
Separation of Isotopes by Laser
Excitation
|
SNT
|
Sensitive nuclear technologies
|
SORT
|
Treaty between the United States
of America and Russian Federation on Strategic Offensive Reductions
|
START/
START I
|
Treaty between the United States
of America and the Union of Soviet Socialist Republics on the Reduction and
Limitation of Strategic Offensive Arms
(also known as the Strategic Arms Reduction Treaty)
|
START II
|
Treaty between the United States
of America and the Russian Federation on Further Reductions and Limitation of
Strategic Offensive Arms
|
UK
|
United Kingdom
|
UN
|
United Nations
|
UNIDR
|
United Nations Institute for
Disarmament Research
|
US
|
United States
|
USEC
|
United States Enrichment
Corporation
|
USSR
|
Union of Soviet Socialist
Republics
|
WMD
|
Weapons of Mass Destruction
|
WNA
|
World Nuclear Association
|
List of recommendations
2 Comprehensive Nuclear-Test-Ban Treaty
Recommendation 1
The Committee recommends that the Australian Government
promotes and supports efforts to achieve ratification of the Comprehensive
Nuclear-Test-Ban Treaty (CTBT) by the United States Senate, including by making
clear that United States ratification of the CTBT would be positively received
by Australia and other countries, and that Australia seeks a world without
nuclear weapons.
Recommendation 2
The Committee recommends that the Australian Government pursue
diplomatic efforts to encourage ratification of the Comprehensive
Nuclear-Test-Ban Treaty (CTBT) by the remaining Annex II states whose
ratification is required to achieve entry into force of the Treaty, and seek
undertakings from these countries that they will not be the impediment to the
CTBT entering into force.
3 Fissile Material Cut-Off Treaty
Recommendation 3
The Committee recommends that the Australian Government continue
to pursue vigorous diplomatic efforts to promote negotiation of a verifiable
Fissile Material Cut-Off Treaty, as well as measures for safeguarding the vast
existing stockpiles of weapons usable fissile materials.
Recommendation 4
The Committee recommends that the Australian Government ensure
that adequate resourcing is made available to diplomatic staff in Geneva and,
where appropriate, in other missions to enable Australia to take an active and
involved role in negotiations for a Fissile Material Cut-Off Treaty.
4 The NPT and IAEA safeguards
Recommendation 5
The Committee recommends that the Australian Government
encourage all other uranium exporting countries to require that the countries
to whom they export uranium have an Additional Protocol in place.
Recommendation 6
The Committee recommends that the Australian Government
abandon its zero real growth policy on the International Atomic Energy Agency’s
(IAEA) budget and work with other states to strengthen the IAEA’s funding base.
5 Fuel cycle multilateralisation
Recommendation 7
The Committee recommends that the Australian Government
investigate further the potential merits and risks of fuel cycle
multilateralisation proposals, including through:
discussion
of such proposals at the 2010 Non-Proliferation Treaty Review Conference;
advocating
within the Nuclear Suppliers Group for the development of restrictive criteria
for the supply of sensitive nuclear technologies; and
engaging
in dialogue with those countries in South-East Asia proposing to develop a
nuclear energy industry.
6 Nuclear Weapons Convention
Recommendation 8
The Committee recommends that the Australian Government make
clear in international fora its support for the adoption of a Nuclear Weapons
Convention.
Recommendation 9
The Committee recommends that the Australian Government
allocate research and consultation resources to the development of a Nuclear
Weapons Convention with a clear legal framework and enforceable verification.
7 Other treaties
Recommendation 10
The Committee recommends that the Australian Government
encourage an early conclusion to the negotiation of a replacement nuclear
weapons reduction treaty by the United States and Russia, involving deep,
verifiable and irreversible cuts, followed by its prompt ratification and entry
into force.
Recommendation 11
The Committee recommends that Australia play a leading role in
advocating for full recognition of a southern hemisphere nuclear weapons free
zone and in developing formal links between all members of nuclear weapons free
zones, and that the Australian Government raise the issue at the 2010 NPT
Review Conference and consider hosting a conference on this issue.
9 The Conference on Disarmament
Recommendation 12
The Committee recommends that the Australian Government undertakes
strong diplomatic efforts to progress the work program of the Conference on
Disarmament.
10 International Commission on Nuclear Non-proliferation and
Disarmament
Recommendation 13
The Committee recommends that the Australian Government
continue to actively support the work of the International Commission for
Nuclear Non-proliferation and Disarmament.
Recommendation 14
The Committee recommends that the Australian Government seeks
to build the adequacy and the continuity of the resources allocated to
diplomatic and expert capabilities in disarmament and nuclear non-proliferation
within the Department of Foreign Affairs and Trade.
11 2010 NPT Review Conference
Recommendation 15
The Committee recommends that the Australian Government seeks
to promote agreement to the Comprehensive Nuclear-Test-Ban Treaty and the
Fissile Material Cut-Off Treaty at the 2010 Review Conference of the Parties to
the Treaty on the Non-Proliferation of Nuclear Weapons.
Recommendation 16
The Committee recommends that the Australian Government seeks
to promote universalisation of the Additional Protocol to the Treaty on the
Non-Proliferation of Nuclear Weapons (NPT) at the 2010 NPT Review Conference.
Recommendation 17
The Committee recommends that the Australian Government pursue,
in conjunction with the Indonesian Government, an event for parliamentarians at
the 2010 Review Conference of the Parties to the Treaty on the
Non-Proliferation of Nuclear Weapons (2010 NPT Review Conference) designed to
encourage more active parliamentary involvement in these issues.
12 The role of Parliamentarians
Recommendation 18
The Committee recommends that the Presiding Officers agree to
all outgoing official parliamentary delegations being briefed on nuclear
disarmament and non-proliferation issues, with a mandate to raise these issues
during discussions with other parliamentarians as appropriate.
Recommendation 19
The Committee recommends that the Presiding Officers agree to
the Parliament’s outgoing delegation program for 2010 being arranged so that
the regular bilateral visit to the United States coincides with the 2010 NPT
Review Conference, thus allowing parliamentarians an opportunity to participate
in this Conference.
Recommendation 20
The Committee recommends that the delegation to the 121st
Inter-Parliamentary Union Conference in October 2009 takes this report to that
conference to promote further discussion of nuclear non-proliferation and
disarmament issues.
Recommendation 21
The Committee recommends that the Parliament adopt a
resolution on the Parliament’s commitment to the abolition of nuclear weapons.
Recommendation 22
The Committee calls on parliaments around the world to support
similar actions to those contained in recommendations 18, 19, 20 and 21.
Inquiry process
Referral of the inquiry
The Prime Minister, the Hon Kevin Rudd MP, wrote to the
Joint Standing Committee on Treaties on 13 October 2008 asking it to undertake
an inquiry into the nuclear non-proliferation and disarmament treaties
involving Australia. The Committee was asked to consider how these treaties
advance Australia’s objectives, how they might be made more comprehensive or
effective, and how inter-parliamentary action can contribute to strengthening
the treaty-based aspects of this regime.
The Committee was also asked to look at how the Committee
and the Parliament can contribute to the work of the International Commission
on Nuclear Non-proliferation and Disarmament. The terms of reference are at
page xv of the report.
Conduct of the inquiry
A media release announcing the inquiry was issued on 12
November 2008. The Committee’s terms of reference were advertised and written
submissions invited in the Australian on 26 November 2008.
The Committee wrote to 59 companies, organisations and
individuals inviting them to make submissions to the inquiry. This included
expert organisations and individuals overseas as well as the relevant
committees in a number of other parliaments. The Committee also invited
submissions from all state and territory governments and relevant Commonwealth
government departments.
The Committee received 87 written submissions and 8
supplementary submissions, which are listed at Appendix A. The Committee also
received 92 exhibits, which are listed at Appendix B.
Public hearings were conducted by the Committee in
Melbourne, Sydney, Darwin and Canberra from February to May 2009. The dates and
locations of the hearings, together with the names of the witnesses who
appeared before the Committee are at Appendix C.
Access to the published submissions to the inquiry,
transcripts of evidence taken at public hearings and an electronic copy of the
report is available on the internet from the Committee’s web site:
www.aph.gov.au/house/committee/jsct/nuclearnon_proliferation/index.htm
A delegation of the Committee also travelled to Geneva,
Vienna, Washington and New York from 30 June to 15 July 2009 where it met with
representatives of key international organisations in the nuclear
non-proliferation and disarmament regime as well as expert individuals and organisations.
A copy of the delegation program is at Appendix D.
Context of the inquiry
This inquiry has been undertaken within the context of
significant work by the International Commission on Nuclear Non-proliferation
and Disarmament (ICNND) in the lead up to the 2010 NPT Review Conference[1].
The ICNND was announced by the Prime Minister, the Hon Kevin
Rudd MP, on 9 June 2008 in Japan. The two year mandate of the
Commission is to:
n reinvigorate global
debate on the need to prevent further spread of nuclear weapons;
n advance the goal of
nuclear disarmament; and
n strengthen the Treaty
on the Non-proliferation of Nuclear Weapons (NPT).
The Commission seeks to accomplish this through global
consensus in the lead up to the 2010 NPT Review Conference and beyond. The Commission
will also look at ways in which the non-NPT nuclear capable states might be
brought into the global non-proliferation and disarmament system, and examine
how to minimise proliferation risks arising from expanded use of civil energy
due to climate change and energy security concerns.[2]
The ICNND, co-chaired by former Australian foreign minister
Gareth Evans and former Japanese foreign minister Yoriko Kawaguchi, is made up
of 15 Commissioners from around the world. It is expected to issue its final report
prior to the 2010 NPT Review Conference.
Structure of the report
Australia is party to many nuclear related treaties, both
multilateral and bilateral. A list of these treaties, a brief summary of their
purpose and the date that the treaty entered into force for Australia is at
Appendix E.
This report does not address all of these treaties but
instead focuses upon those treaties that were seen by participants in the
inquiry as key to progressing nuclear disarmament and strengthening the
non-proliferation regime. This includes treaties that have not yet been
negotiated, such as a Fissile Material Cut-Off Treaty and Nuclear Weapons
Convention.
The report commences with two treaties considered
fundamental to the abolition of nuclear weapons: the Comprehensive
Nuclear-Test-Ban Treaty (Chapter 2) and a Fissile Material Cut-Off Treaty
(Chapter 3). These chapters identify a number of issues that will need to be
resolved at a political level to progress these treaties.
The report then looks at the key existing treaty of the
non-proliferation regime, the NPT, and examines some of the issues arising from
that treaty and the International Atomic Energy Agency’s responsibilities,
including the safeguards regime (Chapter 4).
Chapter 5 examines the control of proliferation sensitive
technology through fuel cycle multilateralisation, including fuel supply
assurances.
Proposals for a Nuclear Weapons Convention are discussed in
Chapter 6 and other treaties, including the Strategic Arms Reduction Treaty
(START) and nuclear weapon free zones, in Chapter 7.
Chapter 8 consider two particular case study countries that
are undermining non-proliferation efforts: Iran and North Korea.
The world’s multilateral disarmament forum, the Conference
on Disarmament is examined in Chapter 9 and the work of the ICNND in Chapter
10.
Chapter 11 examines the issues that are likely to arise at
the 2010 NPT Review Conference.
The final chapter of the report examines the role that
Parliament and parliamentarians can play in progressing these issues. The
Committee makes a number of recommendations for parliamentary action.