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African Nuclear-Weapon-Free Zone Treaty

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The African Nuclear-Weapon-Free Zone Treaty, also known as the Treaty of Pelindaba (named after South Africa's main nuclear research facility, run by the South African Nuclear Energy Corporation (NECSA) and was the location where South Africa's atomic bombs of the 1970s were developed, constructed and subsequently stored),[1] establishes a Nuclear-Weapon-Free Zone in Africa. The treaty was signed in 1996 and came into effect with the 28th ratification on 15 July 2009.

African Nuclear-Weapon-Free Zone Treaty
  Countries that have ratified the Treaty
  Countries that have signed but not ratified
  Countries that have not signed
TypeNuclear disarmament
Signed11 April 1996
LocationCairo, Egypt
Effective15 July 2009
Signatories53
Parties43
DepositaryOAU Secretary-General

Treaty outline

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The Treaty prohibits the research, development, manufacture, stockpiling, acquisition, testing, possession, control or stationing of nuclear explosive devices in the territory of parties to the Treaty and the dumping of radioactive wastes in the African zone by Treaty parties. The Treaty also prohibits any attack against nuclear installations in the zone by Treaty parties and requires them to maintain the highest standards of physical protection of nuclear material, facilities and equipment, which are to be used exclusively for peaceful purposes. The Treaty requires all parties to apply full-scope International Atomic Energy Agency safeguards to all their peaceful nuclear activities. A mechanism to verify compliance, including the establishment of the African Commission on Nuclear Energy, has been established by the Treaty. Its office will be in South Africa.[2] The Treaty affirms the right of each party to decide for itself whether to allow visits by foreign ships and aircraft to its ports and airfields, explicitly upholds the freedom of navigation on the high seas and does not affect rights to passage through territorial waters guaranteed by international law.

Area of application

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"African nuclear-weapon-free zone" means the territory of the continent of Africa, island states that are members of OAU, and all islands considered by the Organization of African Unity in its resolutions to be part of Africa; "Territory" means the land territory, internal waters, territorial seas and archipelagic waters and the airspace above them as well as the seabed and subsoil beneath.[3]

The African Nuclear-Weapon-Free Zone (ANWFZ) covers the entire African continent as well as the following islands: Agaléga Islands, Bassas da India, Cabo Verde, Canary Islands, Cargados Carajos, Chagos Archipelago - Diego Garcia, Comoros, Europa Island, Juan de Nova, Madagascar, Mauritius, Mayotte, Prince Edward & Marion Islands, São Tomé and Príncipe, Réunion, Rodrigues Island, Seychelles, Tromelin Island, and Zanzibar and Pemba Islands.[4]

This list does not mention the mid-ocean islands of St. Helena 1,900 km west from southern Angola[5] or its dependencies including Ascension Island and Tristan da Cunha, Bouvet Island 2,500 km southwest from Cape Town, the Crozet Islands 2,350 km south of Madagascar, Kerguelen, or Île Amsterdam and Île Saint-Paul, which, (with American Samoa in the Pacific Ocean), are the only Southern Hemisphere lands not in any of the Nuclear-Weapon-Free Zones.

History

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The quest for a nuclear free Africa began when the Organization of African Unity formally stated its desire for a Treaty ensuring the denuclearization of Africa at its first Summit in Cairo in July 1964. The Treaty was opened for signature on 11 April 1996 in Cairo, Egypt. All the States of Africa are eligible to become parties to the Treaty, which will enter into force upon its 28th ratification; the Protocols with also come into force at that time for those Protocol signatories that have deposited their instruments of ratification. It was reported in 1996 that no African Arab state would ratify the Treaty until Israel renounces its nuclear weapons program.[6] However, Algeria, Libya, and Mauritania have since ratified the Treaty.

The United Nations General Assembly has passed without a vote identical resolutions in 1997 (twice),[7][8] 1999,[9] 2001,[10] 2003,[11] and 2005[12] calling upon African States that have not yet done so to sign and ratify the Treaty as soon as possible so that it may enter into force without delay, and for States contemplated in Protocol III to take all necessary measures to ensure its speedy application. A resolution had been passed in 1995 in support of the final text of the Treaty.[13]

Ratified or acceded states

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As of May 2022, the Treaty has been ratified by 43 states and the Sahrawi Arab Republic,[14] and entered into force on 15 July 2009.

State Signed Desposited Method
  Algeria Apr 11, 1996 Feb 11, 1998 Ratification
  Angola Apr 11, 1996 Jun 20, 2014 Ratification
  Benin Apr 11, 1996 Sep 4, 2007 Ratification
  Botswana Jun 9, 1998 Jun 16, 1999 Ratification
  Burkina Faso Apr 11, 1996 Aug 27, 1998 Ratification
  Burundi Apr 11, 1996 Jul 15, 2009 Ratification
  Cabo Verde Apr 11, 1996 Feb 7, 2020 Ratification
  Cameroon Apr 11, 1996 Sep 28, 2010 Ratification
  Chad Apr 11, 1996 Jan 18, 2012 Ratification
  Comoros Apr 11, 1996 Jul 24, 2012 Ratification
  Congo, Democratic Republic of the Apr 11, 1996 Feb 23, 2022 Ratification
  Congo, Republic of the Jan 27, 1997 Nov 26, 2013 Ratification
  Côte d'Ivoire Apr 11, 1996 Jul 28, 1999 Ratification
  Equatorial Guinea Feb 19, 2003 Accession
  Ethiopia Apr 11, 1996 Mar 13, 2008 Ratification
  Gabon Apr 11, 1996 Jun 12, 2007 Ratification
  Gambia Apr 11, 1996 Oct 16, 1996 Ratification
  Ghana Apr 11, 1996 Jun 27, 2011 Ratification
  Guinea Apr 11, 1996 Jan 21, 2000 Ratification
  Guinea-Bissau Apr 11, 1996 Jan 4, 2012 Ratification
  Kenya Apr 11, 1996 Jan 9, 2001 Ratification
  Lesotho Apr 11, 1996 Mar 14, 2002 Ratification
  Libya Apr 11, 1996 May 11, 2005 Ratification
  Madagascar Dec 23, 2003 Accession
  Malawi Apr 11, 1996 Apr 23, 2009 Ratification
  Mali Apr 11, 1996 Jul 22, 1999 Ratification
  Mauritania Apr 11, 1996 Feb 24, 1998 Ratification
  Mauritius Apr 11, 1996 Apr 24, 1996 Ratification
  Morocco Apr 11, 1996 Apr 18, 2022 Ratification
  Mozambique Apr 11, 1996 Aug 28, 2008 Ratification
  Namibia Apr 11, 1996 Mar 1, 2012 Ratification
  Niger Apr 11, 1996 Feb 22, 2017 Ratification
  Nigeria Apr 11, 1996 Jun 18, 2001 Ratification
  Rwanda Apr 11, 1996 Feb 1, 2007 Ratification
  Sahrawi Arab Democratic Republic Jun 20, 2006 Jan 27, 2014 Ratification
  Senegal Apr 11, 1996 Oct 25, 2006 Ratification
  Seychelles Jul 9, 1996 May 23, 2014 Ratification
  South Africa Apr 11, 1996 Mar 27, 1998 Ratification
  Swaziland Apr 11, 1996 Jul 17, 2000 Ratification
  Tanzania Apr 11, 1996 Jun 19, 1998 Ratification
  Togo Apr 11, 1996 Jul 18, 2000 Ratification
  Tunisia Apr 11, 1996 Oct 7, 2009 Ratification
  Zambia Apr 11, 1996 Aug 18, 2010 Ratification
  Zimbabwe Apr 11, 1996 Apr 6, 1998 Ratification

States that have signed but not ratified

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All countries are members of the African Union

State Signed
  Central African Republic Apr 11, 1996
  Djibouti Apr 11, 1996
  Egypt Apr 11, 1996
  Eritrea Apr 11, 1996
  Liberia Jul 9, 1996
  São Tomé and Príncipe Jul 9, 1996
  Sierra Leone Apr 11, 1996
  Somalia Feb 23, 2006
  Sudan Apr 11, 1996
  Uganda Apr 11, 1996

Non-signatory states

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State
  South Sudan - (part of Sudan until July 2011)

Nuclear weapons states and the African Nuclear Weapon Free Zone

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     Nuclear-Weapon-Free Zones      NW states      Nuclear sharing      NPT only
Treaty Region Land area States In force
Antarctic Antarctica 14,000,000 km2 1961-06-23
Space Outer Space 1967-10-10
Tlatelolco Latin America
Caribbean		 21,069,501 km2 33 1969-04-25
Seabed Seabed 1972-05-18
Rarotonga South Pacific 9,008,458 km2 13 [15] 1986-12-11
Bangkok ASEAN 4,465,501 km2 10 [16] 1997-03-28
MNWFS Mongolia 1,564,116 km2 1 2000-02-28
CANWFZ Central Asia 4,003,451 km2 5 [17] 2009-03-21
Pelindaba Africa 30,221,532 km2 53 2009-07-15
Total: 84,000,000 km2 116

The Treaty has three Protocols.

Under Protocol I, the United States, France, the United Kingdom, Russia and the People's Republic of China are invited to agree not to use or threaten to use a nuclear explosive device against any Treaty party or against any territory of a Protocol III party within the African zone.
Under Protocol II, the United States, France, the United Kingdom, the Russian Federation and China are invited to agree not to test or assist or encourage the testing of a nuclear explosive device anywhere within the African zone.
Protocol III is open to states with dependent territories in the zone and obligates them to observe certain provisions of the Treaty with respect to these territories; only Spain and France may become Parties to it.

The United Kingdom, France, the Russian Federation and China have signed and ratified the Protocols, but the United States has yet to ratify.[18][19] Spain has neither signed nor ratified Protocol III.[20]

The United States has supported the concept of the denuclearization of Africa since the first United Nations General Assembly resolution on this issue in 1965 and has played an active role in drafting the final text of the Treaty and Protocols. The United States signed Protocols I and II in 1996, but has not ratified them. In May 2010, U.S. Secretary of State Hillary Clinton announced that the Obama Administration would submit these protocols to the U.S. Senate for advice and consent to ratification.[21]

The status of the Indian Ocean island of Diego Garcia, controlled by the United Kingdom and used as a military base by the United States, with regard to the Treaty is unclear. Diego Garcia is part of the Chagos Archipelago claimed by Mauritius. The other islands of the Chagos Archipelago are considered in Africa and are under the treaty, but neither the United States nor the United Kingdom recognizes Diego Garcia as being subject to the Treaty.[22][23]

Enforcement

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To allow for the verification of its nuclear non-proliferation undertaking, the Treaty requires parties to conclude comprehensive safeguards agreements with the IAEA equivalent to the agreements required in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Twenty-one States in Africa have yet to bring such agreements into force. The IAEA encourages them to bring these agreements into force as soon as possible.[24]

According to Article 12 (Mechanism for compliance) of the Treaty, after entry-into-force, the Parties agree to establish an African Commission on Nuclear Energy (AFCONE). In addition to being a compliance mechanism, the Commission will be responsible for encouraging regional and sub-regional programmes for co-operation in the peaceful uses of nuclear science and technology. The establishment of AFCONE would also: encourage African states to take responsibility for their natural resources, and in particular nuclear material; and protect against the dumping of toxic waste.[18]

References

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  1. ^ Von Wielligh, N. & von Wielligh-Steyn, L. (2015). The Bomb – South Africa’s Nuclear Weapons Programme. Pretoria: Litera.
  2. ^ "African Nuclear Weapons Free Zone Treaty". Department of Foreign Affairs, Republic of South Africa. Archived from the original on 21 August 2006. Retrieved 2006-07-28.
  3. ^ "Pelindaba Treaty - Text". Retrieved 12 May 2016.
  4. ^ Noel Scott; Amelia du Rand; Jean du Preez (October 2008). "A Brief Guide to the Pelindaba Treaty: Towards Entry-into-Force of the African Nuclear-Weapon-Free Zone Treaty" (PDF). Arms Management Program, Institute for Security Studies.
  5. ^ "Atlantic Ocean - Saint Helena & Dependencies". Archived from the original on 2010-12-23. Retrieved 2010-12-23.
  6. ^ Captain Mark E. Rosen; U.S. Navy (Fall 1997). "Nuclear-Weapon-Free Zones: Time for a fresh look". Duke Journal of Comparative and International Law. 8 (1): 29–78. Archived from the original on March 6, 2005. Retrieved 2006-07-28.
  7. ^ United Nations General Assembly Session 51 Resolution A/RES/51/53 Retrieved 2007-08-23.
  8. ^ United Nations General Assembly Session 52 Resolution A/RES/52/46 Retrieved 2007-08-23.
  9. ^ United Nations General Assembly Session 54 Resolution A/RES/54/48 Retrieved 2007-08-23.
  10. ^ United Nations General Assembly Session 56 Resolution A/RES/56/17 Retrieved 2007-08-23.
  11. ^ United Nations General Assembly Session 58 Resolution A/RES/58/30 Retrieved 2007-08-23.
  12. ^ United Nations General Assembly Session 60 Resolution A/RES/60/49 Retrieved 2007-08-23.
  13. ^ United Nations General Assembly Session 50 Resolution A/RES/50/78 Retrieved 2007-08-23.
  14. ^ "Disarmament Treaties Database: Pelindaba Treaty". Retrieved 12 May 2016.
  15. ^ "SOUTH PACIFIC NUCLEAR FREE ZONE TREATY" (PDF). Archived from the original (PDF) on 2011-07-16. Retrieved 2011-06-10.
  16. ^ "SEANWFZ Enters Into Force; U.S. Considers Signing Protocol - Arms Control Association". Retrieved 12 May 2016.
  17. ^ Michael Evans. "Nuclear". Retrieved 12 May 2016.
  18. ^ a b "Africa Is Now Officially a Zone Free of Nuclear Weapons". ISS Today. 12 August 2009.
  19. ^ "African Nuclear-Weapon-Free-Zone (ANWFZ) Treaty (Pelindaba Treaty)". Nuclear Threat Initiative. Archived from the original on 17 July 2022. Retrieved 11 August 2022.
  20. ^ "African Nuclear-Weapon-Free Zone Enters into Force". James Martin Center for Nonproliferation Studies. 2009-08-12. Retrieved 2022-04-22.
  21. ^ Remarks at the Review Conference of the Nuclear Nonproliferation Treaty Archived 2016-12-28 at the Wayback Machine, Hillary Rodham Clinton, Secretary of State, The United Nations, New York City, May 3, 2010.
  22. ^ "Nuclear-Weapon-Free Zones At a Glance". Arms Control Association. Archived from the original on 9 August 2006. Retrieved 2006-07-28.
  23. ^ Sand, Peter H. (29 January 2009), "Diego Garcia: British–American Legal Black Hole in the Indian Ocean?", Journal of Environmental Law, vol. 21, no. 1, Oxford Journals, pp. 113–137, doi:10.1093/jel/eqn034, archived from the original on 13 July 2012, retrieved 2009-08-18
  24. ^ "IAEA: Africa Renounces Nukes". ISRIA. 2009-08-16. Archived from the original on 21 January 2022.
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