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Treaty on the Southeast Asia Nuclear Weapon-Free Zone
The States Parties to this Treaty:
DESIRING to contribute to the realization of the purposes and principles
of the Charter of the United Nations;
DETERMINED to take concrete action which will contribute to the progress
towards general and complete disarmament of nuclear
weapons, and to the promotion of international peace and
security;
REAFFIRMING the desire of the Southeast Asian States to maintain peace
and stability in the region in the spirit of peaceful
coexistence and mutual understanding and cooperation as
enunciated in various communiques, declarations and
other legal instruments;
RECALLING the Declaration on the Zone of Peace, Freedom and Neutrality
(ZOPFAN) signed in Kuala Lumpur on 27 November 1971 and
the Programme of Action on ZOPFAN adopted at the 26th
ASEAN Ministerial Meeting in Singapore in July 1993;
CONVINCED that the establishment of a Southeast Asia Nuclear Weapon-Free
Zone, as an essential component of the ZOPPAN, will
contribute towards strengthening the security of States
within the Zone and towards enhancing international
peace and security as a whole;
REAFFIRMING the importance of the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) in preventing the proliferation of
nuclear weapons and in contributing towards
international peace and security;
RECALLING Article VII of the NPT which recognizes the right of any group
of States to conclude regional treaties in order to
assume the total absence of nuclear weapons in their
respective territories;
RECALLING the Final Document of the Tenth Special Session of the United
Nations General Assembly which encourages the
establishment of nuclear weapon-free zones;
RECALLING the Principles and Objectives for Nuclear Non-Proliferation and
Disarmament, adopted at the 1995 Review and Extension
Conference of the Parties to the NPT, that the
cooperation of all the nuclear-weapon States and their
respect and support for the relevant protocols is
important for the maximum effectiveness of this nuclear
weapon-free zone treaty and its relevant protocols.
DETERMINED to protect the region from environmental pollution and the
hazards posed by radioactive wastes and other
radioactive material;
HAVE AGREED as follows :
Article 1 USE OF TERMS
For the purposes of this Treaty and its Protocol :
(a) "Southeast Asia Nuclear Weapon-Free Zone", hereinafter referred to as the
"Zone", means the area comprising the territories of all States in Southeast
Asia, namely, Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar,
Philippines, Singapore, Thailand and Vietnam, and their respective continental
shelves and Exclusive Economic Zones (EEZ);
(b) "territory" means the land territory, internal waters, territorial sea,
archipelagic waters, the seabed and the sub-soil thereof and the airspace above
them;
(c) "nuclear weapon" means any explosive device capable of releasing nuclear
energy in an uncontrolled manner but does not include the means of transport or
delivery of such device if separable from and not an indivisible part thereof;
(d) "station" means to deploy, emplace, implant, install, stockpile or store;
(e) "radioactive material" means material that contains radionuclides above
clearance or exemption levels recommended by the International Atomic Energy
Agency (IAEA);
(f) "radioactive wastes" means material that contains or is contaminated with
radionuclides at concentrations or activities greater than clearance levels
recommended by the IAEA and for which no use is foreseen; and
(g) "dumping" means
(i) any deliberate disposal at sea, including seabed and subsoil insertion, of
radioactive wastes or other matter from vessels, aircraft, platforms or other
man-made structures at sea, and
(ii) any deliberate disposal at sea, including seabed and subsoil insertion, of
vessels, aircraft, platforms or other man-made structures at sea, containing
radioactive material, but does not include the disposal of wastes or other
matter incidental to, or derived from the normal operations of vessels,
aircraft, platforms or other man-made structures at sea and their equipment,
other than wastes or other matter transported by or to vessels, aircraft,
platforms or other man-made structures at sea, operatingp for the purpose of
disposal of such matter or derived from the treatment of such wastes or other
matter on such vessels, aircraft, platforms or structures.
Article 2 APPLICATION OF THE TREATY
1. This Treaty and its Protocol shall apply to the
territories, continental selves, and EEZ of the States
Parties within the Zone in which the Treaty is in force.
2. Nothing in this Treaty shall prejudice the rights or
the exercise of these rights by any State under the
provisions of the United Nations Convention on the Law
of the Sea of 1982, in particular with regard to freedom
of the high seas, rights of innocent passage,
archipelagic sea lanes passage or transit passage of
ships and aircraft, and consistent with the Charter of
the United Nations.
Article 3 BASIC UNDERTAKINGS
1. Each State Party undertakes not to, anywhere inside
or outside the Zone :
(a) develop, manufacture or otherwise acquire, possess or have control over
nuclear weapons;
(b) station or transport nuclear weapons by any means; or
(c) test or use nuclear weapons.
2. Each State Party also undertakes not to allow, in its territory, any other
State to:
(a) develop, manufacture or otherwise acquire, possess or have control over
nuclear weapons;
(b) station nuclear weapons; or
(c) test or use nuclear weapons.
3. Each State Party also undertake not to:
(a) dump at sea or discharge into the atmosphere anywhere within the Zone any
radioactive material or wastes;
(b) dispose radioactive material or wastes on land in the territory of or under
the jurisdiction of other States except as stipulated in Paragraph 2 (e) of
Article 4; or
(c) allow, within its territory, any other State to dump at sea or discharge
into the atmosphere any radioactive material or wastes.
4. Each State Party undertakes not to :
(a) seek or receive any assistance in the Commission of any act in violation
of the provisions of Paragraphs 1, 2 and 3 of this Article; or
(b) take any action to assist or encourage the Commission of any act in
violation of the provisions of Paragraphs 1, 2 and 3 of this Article.
Article 4 USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES
1. Nothing in this Treaty shall prejudice the right of
the States Parties to use nuclear energy, in particular
for their economic development and social progress.
2. Each State Party therefore undertakes:
(a) to use exclusively for peaceful purposes nuclear material and facilities
which are within its territory and areas under its jurisdiction and control;
(b) prior to embarking on its peaceful nuclear energy programme, to subject its
programme to rigorous nuclear safety assessment conforming to guidelines and
standards recommended by the IAEA for the protection of health and minimization
of danger to life and property in accordance with Paragraph 6 of Article III of
the Statute of the IAEA;
(c) upon request, to make available to another State Party the assessment except
information relating to personal data, information protected by intellectual
property rights or by industrial or commercial confidentiality, and information
relating to national security;
(d) to support the continued effectiveness of the international
non-proliferation system based on the Treaty on the Non-Proliferation of Nuclear
Weapons (NPT) and the IAEA safeguard system; and
(e) to dispose radioactive wastes and other radioactive material in accordance
with IAEA standards and procedures on land within its territory or on land
within the territory of another State which has consented to such disposal.
3. Each State Party further undertakes 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 to :
(a) any non-nuclear-weapon State except under conditions subject to the
safeguards required by Paragraph 1 of Article III of the NPT; or
(b) any nuclear-weapon State except in conformity with applicable safeguards
agreements with the IAEA.
Article 5 IAEA SAFEGUARDS
Each State Party which has not done so shall conclude an
agreement with the IAEA for the application of full
scope safeguards to its peaceful nuclear activities not
later than eighteen months after the entry into force
for that State Party of the Treaty.
Article 6 EARLY NOTIFICATION OF A NUCLEAR ACCIDENT
Each State Party which has not acceded to the Convention on Early
Notification of a Nuclear Accident shall endeavour to do
so.
Article 7 FOREIGN SHIPS AND AIRCRAFT
Each State Party, on being notified, may 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 through its territorial sea or archipelagic waters
and overflight of foreign aircraft above those waters in
a manner not governed by the rights of innocent passage,
archipelagic sea lanes passage or transit passage.
Article 8 ESTABLISHMENT OF THE COMMISSION FOR THE
SOUTHEAST ASIA NUCLEAR WEAPON-FREE ZONE
1. There is hereby established a Commission for the
Southeast Asia Nuclear Weapon-Free Zone, hereinafter
referred to as the "Commission".
2. All States Parties are ipso facto members or the
Commission. Each State Party shall be represented by its
Foreign Minister or his representative accompanied by
alternates and advisers.
3. The function of the Commission shall be to oversee
the implementation of this Treaty and ensure compliance
with its provisions.
4. The Commission shall meet as and when necessary in
accordance with the provisions of this Treaty including
upon the request of any State Party. As far as possible,
the Commission shall meet in conjunction with the ASEAN
Ministerial Meeting.
5. At the beginning of each meeting, the Commission
shall elect its Chairman and such other officers as may
be required. They shall hold office until a new Chairman
and other officers are elected at the next meeting.
6. Unless otherwise provided for in this Treaty,
two-thirds of the members of the Commission shall be
present to constitute a quorum.
7. Each member of the Commission shall have one vote.
8. Except as provided for in this Treaty, decisions of
the Commission shall be taken by consensus or, failing
consensus, by a two-thirds majority of the members
present and voting.
9. The Commission shall, by consensus, agree upon and
adopt rules of procedure for itself as well as financial
rules governing its funding and that of its subsidiary
organs.
Article 9 THE EXECUTIVE COMMITTEE
1. There is hereby established, as a subsidiary organ of
the Commission, the Executive Committee.
2. The Executive Committee shall be composed of all
States Parties to this Treaty. Each State Party shall be
represented by one senior official as its
representative, who may be accompanied by alternates and
advisers.
3. The functions of the Executive Committee shall be to
:
(a) ensure the proper operation of verification measures in accordance with
the provisions on the control system as stipulated in Article 10;
(b) consider and decide on requests for clarification and for a fact-finding
mission;
(c) set up a fact-finding mission in accordance with the Annex of this Treaty;
(d) consider and decide on the findings of a fact-finding mission and report to
the Commission;
(e) request the Commission to convene a meeting when appropriate and necessary;
(f) conclude such agreements with the IAEA or other international organizations
as referred to in Article 18 on behalf of the Commission after being duly
authorized to do so by the Commission; and
(g) carry out such other tasks as may, from time to time, be assigned by the
Commission.
4. The Executive Committee shall meet as and when necessary for the efficient
exercise of its functions. As far as possible, the Executive Committee shall
meet in conjunction with the ASEAN Senior Officials Meeting.
5. The Chairman of the Executive Committee shall be the representative of the
Chairman of the Commission. Any submission or communication made by a State
Party to the Chairman of the Executive Committee shall be disseminated to the
other members of the Executive Committee.
6. Two-thirds of the members of the Executive Committee shall be present to
constitute a quorum.
7. Each member of the Executive Committee shall have one vote.
8. Decisions of the Executive Committee shall be taken by consensus or, failing
consensus, by a two-thirds majority of the members present and voting.
Article 10 CONTROL SYSTEM
1. There is hereby established a control system for the purpose of verifying
compliance with the obligations of the States Parties under this Treaty.
2. The Control System shall comprise:
(a) the IAEA safeguards system as provided for in Article 5;
(b) report and exchange of information as provided for in Article 11;
(c) request for clarification as provided for in Article 12; and
(d) request and procedures for a fact-finding mission as provided for in Article
13.
Article 11 REPORT AND EXCHANGE OF INFORMATION
1. Each State Party shall submit reports to the
Executive Committee on any significant event within its
territory and areas under its jurisdiction and control
affecting the implementation of this Treaty.
2. The States Parties may exchange information on
matters arising under or in relation to this Treaty.
Article 12 REQUEST FOR CLARIFICATION
1. Each State Party shall have the right to request
another State Party for clarification concerning any
situation which may be considered ambiguous or which may
give rise to doubts about the compliance of that State
Party with this Treaty. It shall inform the Executive
Committee of such a request. The requested State Party
shall duly respond by providing without delay the
necessary information and inform the Executive Committee
of its reply to the requesting State Party.
2. Each State Party shall have the right to request the
Executive Committee to seek clarification for another
State Party concerning any situation which may be
considered ambiguous or which may give rise to doubts
about compliance of that State Party with this Treaty.
Upon receipt of such a request, the Executive Committee
shall consult the State Party from which clarification
is sought for the purpose of obtaining the clarification
requested.
Article 13 REQUEST FOR A FACT-FINDING MISSION
A State Party shall have the right to request the
Executive Committee to send a fact-finding mission to
another State Party in order to clarify and resolve a
situation which may be considered ambiguous or which may
give rise to doubts about compliance with the provisions
of this Treaty, in accordance with the procedure
contained in the Annex to this Treaty.
Article 14 REMEDIAL MEASURES
1. In case the Executive Committee decide in accordance
with the Annex that there is a breach of this Treaty by
a State Party, that State Party shall, within a
reasonable time, take all steps necessary to bring
itself in full compliance with this Treaty and shall
promptly inform the Executive Committee of the action
taken or proposed to be taken by it.
2. Where a State Party fails or refuses to comply with
the provisions of Paragraph 1 of this Article, the
Executive Committee shall request the Commission to
convene a meeting in accordance with the provisions of
Paragraph 3(e) of Article 9.
3. At the meeting convened pursuant to Paragraph 2 of
this Article, the Commission shall consider the emergent
situation and shall decide on any measure it deems
appropriate to cope with the situation, including the
submission of the matter to the IAEA and, where the
situation might endanger international peace and
security, the Security Council and the General Assembly
of the United Nations.
4. In the event of breach of the Protocol attached to
this Treaty by a State Party to the Protocol, the
Executive Committee shall convene a special meeting of
the Commission to decide on appropriate measures to be
taken.
Article 15 SIGNATURE, RATIFICATION, ACCESSION, DEPOSIT AND REGISTRATION
1. This Treaty shall be open for signature by all States
in Southeast Asia, namely, Brunei Darussalam, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, Philippines,
Singapore, Thailand and Vietnam.
2. This Treaty shall be subject to ratification in
accordance with the constitutional procedure of the
signatory states. The instruments of ratification shall
be deposited with the Government of the Kingdom of
Thailand which is hereby designated as the Depositary
State.
3. This Treaty shall be open for accession. The
instruments of accession shall be deposited with the
Depositary State.
4. The Depositary State shall inform the other States
Parties to this Treaty on the deposit of instruments of
ratification or accession.
5. The Depositary State shall register this Treaty and
its Protocol pursuant to Article 102 of the Charter of
the United Nations.
Article 16 ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of the
deposit of the seventh instrument of ratification and/or
accession.
2. For States which ratify or accede to this Treaty
after the date of the seventh instrument of ratification
or accession, the Treaty shall enter into force on the
date of deposit of its instrument of ratification or
accession.
Article 17 RESERVATIONS
This Treaty shall not be subject to reservations.
Article 18 RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS
The Commission may conclude such agreements with the
IAEA or other international organizations as it
considers likely to facilitate the efficient operation
of the control system established by this Treaty.
Article 19 AMENDMENTS
1. Any State Party may propose amendments to this Treaty
and its Protocol and shall submit its proposals to the
Executive Committee, which shall transmit them to all
the other States Parties. The Executive Committee shall
immediately request the Commission to convene a meeting
to examine the proposed amendments. The quorum required
for such a meeting shall be all the members of the
Commission. Any amendment shall be adopted by a
consensus decision of the Commission.
2. Amendments adopted shall enter into force 30 days
after the receipt by the Depositary State of the seventh
instrument of acceptance from the States Parties.
Article 20 REVIEW
Ten years after this Treaty enters into force, a meeting
of the Commission shall be convened for the purpose of
reviewing the operation of the Treaty. A meeting of the
Commission for the same purpose may also be convened at
anytime thereafter if there is consensus among all its
members.
Article 21 SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation of the
provisions of this Treaty shall be settled by peaceful
means as may be agreed upon by the States Parties to the
dispute. If within one month, the parties to the dispute
are unable to achieve a peaceful settlement of the
dispute by negotiation, mediation, enquiry or
conciliation, any of the parties concerned shall, with
the prior consent of the other parties concerned, refer
the dispute to arbitration or to the International Court
of Justice.
Article 22 DURATION AND WITHDRAWAL
1. This Treaty shall remain in force indefinitely.
2. In the event of a breach by any State Party of this
Treaty essential to the achievement of the objectives of
the Treaty, every other State Party shall have the right
to withdraw from the Treaty.
3. Withdrawal under Paragraph 2 of Article 22, shall be
effected by giving notice twelve months in advance to
the members of the Commission.
IN WITNESS WHEREOF, the undersigned have signed this Treaty.
DONE at Bangkok, this fifteenth day of December, one thousand nine
hundred and ninety-five, in one original in the English
language.
PROTOCOL TO THE TREATY ON THE SOUTHEEAST ASIA NUCLEAR WEAPON-FREE ZONE
The States Parties to this Protocol,
DESIRING to contribute to efforts towards achieving general and complete disarmament of nuclear weapons, and thereby ensuring international peace and security, including in Southeast Asia;
NOTING the Treaty on the Southeast Asia Nuclear Weapon-Free Zone;
HAVE AGREED as follows :
Article 1
Each State Party undertakes to respect the Treaty on the Southeast Asia Nuclear Weapon-Free Zone, hereinafter referred to as the "Treaty", and not to contribute to any act which constitutes a violation of the Treaty or its Protocol by States Parties to them.
Article 2
Each State Party undertakes not to use or threaten to use nuclear weapons against any State Party to the Treaty. It further undertakes not to use or threaten to use nuclear weapons within the Southeast Asia Nuclear Weapon-Free Zone.
Article 3
This Protocol shall be open for signature by the People's Republic of China, France, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America.
Article 4
Each State Party undertakes, by written notification to the Depositary State, to indicate its acceptance or otherwise of any alteration to its obligation under the Protocol that may be brought about by the entry into force of an amendment to the Treaty pursuant to Article 19 thereof.
Article 5
This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each State 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 national interests. It shall give notice of such withdrawal to the Depositary State twelve months in advance. Such notice shall include a statement of the extraordinary events it regards pas having jeopardized its supreme national interests.
Article 6
This Protocol shall be subject to ratification.
Article 7
This Protocol shall enter into force for each State Party on the date of its deposit of its instrument of ratification with the Depositary State. The Depositary State shall inform the other States Parties to the Treaty and to this Protocol on the deposit of instruments of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments, have signed this Protocol.
DONE at Bangkok this fifteenth day of December, one thousand nine hundred and ninety-five, in one original in the English language.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
