PNND Update - The Nuclear eNewsletter for Legislators Worldwide
July 2004
PNND Update 9
archive.pnnd.org

PNND Update is a regular e-news service featuring nuclear weapons proliferation and policies, and how parliamentarians globally are engaging in these issues.  

This month we feature:

United Nations

Non-Proliferation Treaty

Senator Patrik Vankrunkeslven (Belgian) who is also Mayor of Laakdal, spoke at the PNND Forum at the United Nations on Parliamentarians, Mayors and Non-Proliferation during the 2004 NPT Meeting

United States Congress

United Kingdom Parliament

Pakistan and India

Nuclear weapons in Europe

Nuclear Proliferation and the International Atomic Energy Agency

New Zealand

Australia

PNND Outreach (Pakistan, Spain, Mexico)

PNND Events

We also take this opportunity to remind you of our website at archive.pnnd.org, and invite you to visit it to keep abreast of parliamentary actions for nuclear non-proliferation and disarmament and related information.

Yours truly,

Alyn Ware

PNND Global Coordinator

United Nations Security Council Resolution 1540 on non-proliferation of nuclear, biological and chemical weapons

On April 28, 2004, the United Nations Security Council adopted Resolution 1540 requiring all States to take measures to prevent non-State actors from acquiring or developing nuclear, chemical and biological weapons, and to prevent the proliferation of nuclear, chemical and biological weapons in general.

The resolution notes that proliferation means 'proliferation in all its aspects of all weapons of mass destruction,' and action to prevent proliferation thus includes the implementation of 'multi-lateral treaties whose aim is to eliminate or prevent the proliferation of nuclear, chemical or biological weapons,' and the need for 'all member States to implement fully the disarmament treaties and agreements to which they are party.' The resolution can thus be read to refer to efforts to prevent both horizontal proliferation (spread of weapons and related materials to those who do not yet have them) and vertical proliferation (continued possession, deployment and development of weapons by those already in possession of them).

Under the resolution, the Security Council established a Committee of the Security Council, consisting of all members of the Council, and called on all States to present a first report to the Committee within six months (by October 28) on steps they have taken or intend to take to implement the resolution.

The International Association of Lawyers Against Nuclear Arms has outlined a number of actions which parliaments and governments could take in response to the disarmament and non-proliferation obligations outlined in the resolution.   These include:

  • Adoption of laws which prohibit the manufacture, acquisition, possession, development, transport, transfer or use of nuclear, chemical or biological weapons and their means of delivery, by non-State or State actors,
  • Adoption of laws which prohibit the transit of nuclear, chemical and biological weapons, their delivery vehicles or related materials through their territories including airspace and territorial waters,
  • Adoption of criminal penalties for individuals violating such laws,
  • Adopting programmes to educate public and industry about disarmament and non-proliferation obligations and activities,
  • Supporting the resolution of conflicts relating to nuclear, chemical and biological weapons peacefully including through multilateral mechanisms such as the United Nations and treaties.
 

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United Nations Study on Disarmament and Non-Proliferation Education

On 20 Nov 2003 Llew Smith MP, in the UK House of Commons, called on the Secretary of State for Foreign and Commonwealth Affairs to assess the relevance to United Kingdom policies on non-proliferation of the United Nations study on disarmament and non-proliferation education.

The UN Study, accepted unanimously by UN General Assembly Resolution A/Res/57/60 , includes a number of recommendations for States to implement, and a request for States to report on progress in implementing the recommendations to the United Nations Department of Disarmament Affairs (DDA).

In June 2004 the DDA circulated a letter to all UN Member States reminding them of the recommendations included in the UN Study, and a request to make reports in time for the UN Secretary-General's report on this item to the next UN General Assembly which opens in September.

Japan has prepared a report on its efforts on disarmament education and circulated this at the NPT Meeting in April (see Japan on UN Study below).  

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Non-Proliferation Treaty Review Conference 2005 and the 2004 Preparatory Committee Meeting

States Parties to the Nuclear Non-Proliferation Treaty met in New York from April 26-May 7 in order to discuss recommendations for the 2005 review of the treaty. New Zealand's Minister of Disarmament Marian Hobbs, speaking on the opening day, noted the importance of the connection between non-proliferation and disarmament by stating that " Proliferation of nuclear weapons will only cease when the weapons themselves cease to exist." (See New Zealand Minister Hobbs Calls for Global Nuclear Disarmament )

However, a widening divide between some of the Nuclear Weapon States (primarily the US and UK) and some of the non-Nuclear Weapon States meant that the meeting came to no agreement on any recommendations for 2005. The NWS concentrated their attention on fulfillment by the non-nuclear weapon States of their obligations not to develop or acquire nuclear weapons, while some non-aligned States focused primarily on the failure of the nuclear weapon States to implement their disarmament obligations.

Never-the-less, a number of significant and promising initiatives were made through working papers from:

(For a more in depth analysis see Re-nuclearization or Disarmament: A Fateful Choice for Humanity : a political analysis of the Third Preparatory Committee Meeting for the 2005 Review Conference of the NPT)

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United States Congress

U.S. President's non-proliferation proposals

On 11 February 2004, US President Bush speaking at the National Defense University in Washington, made a number of proposals to deal with the proliferation of nuclear, chemical and biological weapons, including:

  • Expanding the Proliferation Security Initiative;

  • Assisting countries to criminalize proliferation and enact strict export controls and secure sensitive materials within their borders;

  • Expanding multilateral controls and restrictions of nuclear technology to countries which refuse to renounce the enrichment or reprocessing of nuclear fuel into weapons grade material (with the exception of those countries that already have weapons grade material).

In response to the President's non-proliferation proposals announced in February, the House Bipartisan Task Force on Non-Proliferation, in cooperation with the Global Security Institute's Bipartisan Security Group, hosted a high-level panel discussion on Capitol Hill April 27, 2004 on the theme: "Seven Sound Strategies? The President's Non-Proliferation Proposals." Following the panel, discussions were held with Members of Congress.

A key point made by members of the panel was that the US President's proposals would likely be counter-productive and lead to more countries acquiring or developing nuclear weapons, not less. Members commented that the US would be more effective if it led by example by ratifying the Comprehensive Test Ban Treaty and diminishing the role of nuclear weapons in its own strategy pursuant to complete nuclear disarmament.

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US Conducts Sub-Critical Nuclear Test

On 25 May 2004, the National Nuclear Security Administration (NNSA) conducted a sub-critical nuclear test, code named "Armando," at the Nevada Test Site. US officials claim that the test was crucial to producing "essential scientific data and technical information used to help maintain the safety and reliability of the nuclear weapons stockpile."

According to the US administration, the test did not violate the Comprehensive Test Ban Treaty (CTBT) because it did not result in a self-sustaining nuclear chain reaction that would lead to a full-scale nuclear explosion. Although the US has observed a nuclear testing moratorium since 1992, the current administration has requested funds to upgrade the Nevada Test Site and decrease the time needed to prepare a full-scale nuclear test, generating concerns that the resumption of nuclear testing is on the horizon. The apparent move towards the resumption of nuclear testing may be connected to the current research on a new generation of nuclear weapons.

Representative Matheson (Democratic-UT) has been attempting to amend the Defense Authorization Act to require clear permission from Congress before full-scale nuclear testing could resume. In a briefing for the House of Representatives on 19 May, Matheson stated, "If this country is going to resume the testing of nuclear weapons, the peoples' Representatives – the US Congress – should be involved."

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Nuclear budget debates

On June 28, the U.S. Senate approved the Defense Authorization Bill S. 2400 allocating $416 billion to the Pentagon. The bill included funding for research into new tactical nuclear weapons and "bunker buster" bombs despite the rejection of this budget item in the U.S. House of Representatives Defense Authorization Bill H.R. 4200 (see Panel says no to nuke research). Sen. Edward Kennedy (Democratic – MA) tried unsuccessfully to strip this funding from the Senate bill (see Senate endorses funding for bunker-buster research).

Additional funding for nuclear weapons is also included in the Energy and Water Appropriations Bill H.R. 4614, currently being considered by the US Congress. This includes a 5.5% increase from last year's budget in funding for nuclear weapons research and development, and 9% reduction in funding for the Cooperative Threat Reduction Program (see Non-proliferation and the FY 2005 budget request).

Conference approvals on the appropriations bills (i.e. agreement between the House and Senate) are expected in July prior to the summer recess.   For further updates see Friends' Committee on National Legislation Nuclear Calendar.

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Space weapons

According to reports by the ABC News and Moscow Times, the U.S. is launching the first space based weapon during the northern hemisphere summer (July-August). Under the " Near Field Infrared Experiment," a Minotaur missile will launch a satellite which will not only track rockets in space as part of the Ballistic Missile Defence programme, but will also include a projectile-packed kill vehicle capable of destroying satellites. The " Near Field Infrared Experiment" is one of the Space Weapon Related Programs in the FY 2005 Budget Request.

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United Kingdom – Trident Replacement and UK/USA Collaboration

In response to parliamentary questions from Mike Gapes (MP, Labour) on March 31 regarding the U.K. Trident nuclear submarines and their replacement, Rt Hon Geoffrey Hoon MP, Secretary of State for Defence affirmed that the UK is not considering a nuclear sharing option with other European countries, and that such an option would be precluded by UK obligations under Article I of the Non-Proliferation Treaty which prohibits the transfer of nuclear weapons from one state to another. A white paper published in December by the Ministry of Defence (MoD) noted that a decision on replacement of Trident will likely be required by the next parliament. MoD officials are traditionally reluctant to discuss plans for nuclear weapons. However, media speculation is growing that the government is preparing to begin a new warhead design program and is in talks with the United States about cooperation.

Cmdr. Rod Craig, maritime analyst at the International Institute of Strategic Studies asks whether the country still thinks it needs a nuclear deterrent. "It's a political question, not a military one. A nuclear deterrent only works if it deters - if for any reason it doesn't, what's the point? The shadowy, non-state actors we are now primarily up against make nuclear weapons much less relevant than previously."

Following a number of parliamentary requests from Alan Simpson MP, Llew Smith MP and David Chaytor MP in 2003 and 2004, Foreign Office Minister Dennis MacShane in June 2004 undertook to publish details about the Agreement between the United Kingdom and the United States of America for Cooperation on the Uses of Atomic Energy for Mutual Defence Purposes, which is due for renewal and which includes exchange of classified nuclear information, advanced technology and a range of materials (including plutonium, enriched and highly enriched uranium and tritium) which support both countries nuclear weapon programmes.

(See US-UK nuclear weapons collaboration under the Mutual Defence Agreement)

On June 24, Llew Smith MP introduced an Early Day Motion 1407, entitled US-UK Mutual Defense Agreement renewal and the NPT, calling for a parliamentary debate on the agreement and NPT obligations prior to the agreement's renewal. A British American Security Information Service report Time to put Article I under the Spotlight, argues that US/UK collaboration under the agreement could be in violation of Article I of the NPT, which prohibits transfer to any recipient whatsoever nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly, or indirectly. Miguel Marin-Bosch, Mexico's former deputy foreign minister and the country's ambassador to the 1995 NPT Conference, told New Scientist that the he believes the agreement violates the NPT and prior to its renewal its legality should be tested at the International Court of Justice in The Hague.

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India – Pakistan peace process and confidence building measures

In January 2004, the Indian Prime Minister and Pakistan President met each other during the South Asian Association for Regional Cooperation (SAARC) summit held at Islamabad. The meeting helped pave the way for a process of normalization of relations between the two countries. The joint statement issued after the meeting addressed the two issues that India and Pakistan consider significant: Kashmir and cross border terrorism.

At the Summit the leaders of Pakistan and India also agreed to a series of bilateral talks to address security issues including nuclear weapons policies and practices. The first of these between the foreign secretaries in February, led to an agreement to pursue confidence building measures (CBMs). The second of these in June led to an agreement to set up a hotline between the foreign secretaries to prevent any misunderstanding on the launch of nuclear weapons. The two countries also agreed that the existing hotline between the director generals of military operations (DGMOs) would be upgraded, dedicated and secured. At both meetings, however, the governments re-affirmed their commitment to nuclear weapons as contributing to stability.

A range of CBMs and other nuclear risk reduction proposals have been made by Pakistan, India and the Movement in India for Nuclear Disarmament. In December 2003, PNND organized a parliamentary roundtable in Delhi to brief parliamentarians on these proposals, and encourage parliamentary engagement to ensure that CBMs lead towards genuine nuclear disarmament rather than reinforcing nuclear deterrence.

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Pakistan Tightens Nuclear Controls

Following the passage of UN Security Council resolution 1540 on nonproliferation in April 2004, Pakistan agreed to tighten its rules on nuclear export controls. The recent approval of a draft bill in the federal cabinet provides a maximum jail term of 14 years and a top fine of $285,000 for those caught attempting to export material, equipment and technology related to nuclear, chemical and biological weapons and their means of delivery. Once approved by parliament, the bill will become law.

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Nuclear weapons in Europe

Questions in Dutch parliament

In response to parliamentary questions from Harry van Bommel MP (Socialist Party) about US nuclear weapons deployed in Europe, Minister of Defence Kamp noted that the Netherlands Ministries of Defence and of Foreign Affairs were aware of the remarks made by NATO Supreme Commander General Jones in the Belgian Senate on 9 March 2004, that the number of American nuclear weapons in Europe will be reduced. However, Minister Kamp would not confirm that there were any such reduction plans nor give any information on how they would be accomplished. He noted that:   

"The 1999 NATO Strategic Concept states that NATO's nuclear forces in Europe are an essential part of the political and military ties between the European and American allies. For this purpose the Alliance will maintain sufficient nuclear forces in Europe, at a minimum level necessary for the maintenance of peace and stability."

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Iran and the International Atomic Energy Agency

Concern about the nuclear activities of Iran led the International Atomic Energy Agency to adopt a resolution on 18 June 2004 calling on Iran to take additional measures to assure the international community of the peaceful intentions of Iran's nuclear energy program. The resolution commended Iran for cooperation with IAEA inspectors, but expressed concern about some activities including the use of uranium centrifuges which could be used to produce highly enriched (weapons grade) uranium. The resolution also called on Iran to ratify additional protocols to their IAEA safeguards agreement.

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Israel

Increasing concern about the nuclear activities of Israel, the only country in the Middle East to have neither joined the Non-Proliferation Treaty nor signed nuclear safeguards agreements with the International Atomic Energy Agency, has led to IAEA adopting a resolution on nuclear safeguards in the Middle East in September 2003, and to IAEA Director-General ElBaradei announcing an intention to visit Israel sometime before September 2004.

Israeli MP Issam Makhoul introduced a debate in the Israeli Parliament in 2000 on the issue of Israel's nuclear weapons policy and the imprisonment of nuclear whistleblower Mordechai Vanunu, and has continued to raise the issue in other forums. Vanunu was released from prison on April 22, but continues to be restricted from traveling outside Israel, talking to reporters or talking to foreign officials.

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Brazil

In April 2004 Brazil's government confirmed press reports that it barred International Atomic Energy Agency inspectors from seeing parts of a uranium enrichment plant in Resende near Rio de Janeiro. But Brazil rejected American insinuations that the plant might be used to make the ingredients for bombs, arguing that the uranium enrichment is for their nuclear energy program. On April 6, Brazilian Foreign Minister Celso Amorin briefed the Brazilian Senate on the situation. While Brazil has not yet ratified the additional protocols to their IAEA safeguards agreement, they continue to be subject to IAEA safeguards as well as mutual verification of nuclear facilities with Argentina by the Argentine-Brazilian Accounting and Control Commission (ABACC) which was established by the 1991 Agreement Between the Republic of Argentina and the Federative Republic of Brazil for the Exclusively Peaceful Use of Nuclear Energy.

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IAEA Director-General's Proposals

On 12 February 2004 International Atomic Energy Agency Director General Dr. Mohamed ElBaradei announced proposals to address the increasing risks of nuclear proliferation. In an op-ed in the New York Times, ElBaradei expressed concern that nuclear proliferation is on the rise and that if urgent and comprehensive action is not taken the world risks self-destruction.

He proposed:

  • Tightening controls over the export of nuclear materials
  • Criminalizing proliferation acts
  • Giving the IAEA authority to inspect nuclear facilities in all countries
  • Concluding a fissile material cut-off treaty
  • Placing sensitive parts of the nuclear fuel cycle under international control
  • Making further progress toward complete nuclear disarmament

He noted in particular that "We must abandon the unworkable notion that it is morally reprehensible for some countries to pursue weapons of mass destruction yet morally acceptable for others to rely on them for security - and indeed to continue to refine their capacities and postulate plans for their use."

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New Zealand's Nuclear Free Legislation

'New Zealand National Party leader Don Brash clarifying comments made to the US about abandoning NZ's ban on nuclear powered ships.'
Cartoon: Tom Scott, Dominion Post June 24, 2004

On 16 June 2004, the New Zealand Parliament debated the issue of port visits by nuclear powered ships which are prohibited under New Zealand's Nuclear Free legislation. The United States effectively dropped New Zealand from a tri-lateral security arrangement (ANZUS) when the legislation was adopted in 1987, and the US continues to see the anti-nuclear stance as a thorn in its relationship with New Zealand. A task force established by the opposition National Party suggested that the legislation be amended to allow port visits by nuclear powered ships in order to improve economic and defence relationships with the United States and Australia, and there were rumours that opposition leader Don Brash had told U.S. high-level officials that if National become the governing party the ban on nuclear-powered ships 'would be gone by lunchtime.'

Prominent in the parliamentary debate were reports, supplied by the Disarmament and Security Centre, about prohibitions on nuclear-powered vessels into key US and UK ports on safety grounds, the risks of terrorist attacks on nuclear-powered vessels and precautionary measures implemented in the case of accidents in UK ports where nuclear-powered vessels visit including the distribution of iodine tablets to schools and the general population.

Following the debate National announced that they would not amend the legislation unless supported by a majority of New Zealanders through a referendum.

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Australia

Nuclear Weapons Systems and Colonel Stanislav Petrov

On June 23, the Australian Senate adopted Resolution SJ No. 153 21 introduced by Senator Lyn Allison urging the Government to give support to measures aimed at lowering the readiness to launch nuclear weapon systems, and to specifically support UN General Assembly actions to this end. The resolution also recognized Colonel Stanislav Petrov who was presented with the World Citizen Award on Friday 21 May 2004 for his actions during the Serpukhov-15 incident on 26 September 1983, in which he is credited as preventing a nuclear exchange between the USSR and the USA.

Ballistic Missile Defense

The Australian government announced in June that it was about to sign a memorandum of understanding with the United States regarding Australian participation in the U.S. missile defence program. The move is facing the combined resistance of the opposition parties with Labour sceptical of any benefits and the minor Democrats arguing no agreement should be signed ahead of the upcoming election in which the government could lose office. Labour foreign affairs spokesman Kevin Rudd said the opposition had profound reservations about the program, fearing it might prompt an arms race by countries such as China and India, and called on the government to produce evidence of its effectiveness. Australian Democrats leader Andrew Bartlett said no agreement should be signed ahead of an election the government says could be any time from August 7 to late November.

The Australian Senate in 2001 adopted a non-binding resolution calling on the government not to participate in ballistic missile defence programmes, and instead to support cooperative efforts to combat ballistic missile proliferation, including strengthening the missile technology control regime, pursuing a multilateral ballistic missile and space vehicle launch notification regime, urging the de-alerting of nuclear missile forces to reduce the risk of an accidental or unauthorised nuclear weapons launch and encouraging further negotiated deep cuts in existing nuclear arsenals. Similar action is expected from the current senate.

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PNND Outreach

PNND Global Coordinator Alyn Ware made visits recently to Pakistan, Spain and Mexico to meet with parliamentarians, local disarmament organizations, and government officials in order to plan PNND work in these countries. For further information about PNND activities in these or any other countries contact Alyn Ware.  

PNND Activities

NPT Roundtable, New York, 28 April 2004

PNND, Parliamentarians for Global Action and Mayors for Peace organized a roundtable briefing and discussion on Parliamentarians, Mayors and Nuclear Non-Proliferation at the NPT Review Conference Preparatory Meeting in New York, 28 April 2004. The discussion helped PNND members and mayors from Mayors for Peace develop collaborative strategies for nuclear disarmament.

NPT and Nuclear Weapon Free Zones, Wellington, 8 December 2004

PNND, Parliamentarians for Global Action and the International Association of Lawyers Against Nuclear Arms are planning a conference in Wellington, Aotearoa-New Zealand on 8 December 2004 to consider parliamentary actions to support the Non-Proliferation Treaty leading up to the 2005 NPT Review, and also to support the Southern Hemisphere and Adjacent Areas Nuclear Weapon Free Zone. The Organisation for the Prohibition of Nuclear Weapons in Latin America and the Caribbean plans to host a conference in early 2005 of States members of the regional nuclear weapon free zones, which would release a declaration from all 106 States on non-proliferation and disarmament.

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