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Compliance and Growth -
NPT Review Conferences
he
NPT mandates that five years after its entry into force, a review conference
would be held; and after 25 years, a conference would be held to determine
the duration of the treaty. Since the First Review Conference in 1975,
one has been held every five years, with participation increasing with
each conference. Consensus on key nuclear nonproliferation and disarmament
issues was possible only in 1975, 1985, 1995, and 2000.
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1995| 1990 | 1985 |
1980 | 1975 |
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1975
Review Conference
Parties: 91
Issues: Treaty objectives, treaty implementation, and strengthened
adherence, U.S.-Soviet arms race
Resolved: Review conferences would be held every five years.
The Final Declaration reaffirmed commitment to treaty objectives
and urged nuclear weapon states (NWS) to comply with disarmament
obligations.
The treaty
stipulated that five years after its entry info force, a review
conference would be held in Geneva, Switzerland. This conference
convened in 1975 and decided to hold review conferences every
five years thereafter to review the implementation of the NPT,
and assure that its purposes and provisions were being realized.
In 1975, there were 91 parties to the treaty. The most pressing
issue at the conference was dissatisfaction with the continuing
U.S.-Soviet nuclear arms race. The conference urged the NWS to
achieve nuclear disarmament as provided for in Article VI of the
NPT.
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1980
Review Conference
Parties: 112
Issues: Implementation of nuclear disarmament and halting
of the arms race, peaceful nuclear assistance and cooperation
Resolved: Parties were unable to reach consensus on a Final
Declaration. Many NNWS called on the United States and USSR to ratify
the Strategic Arms Limitation Treaty (SALT) II
(which the United
States had withdrawn from consideration following the Soviet invasion
of Afghanistan), and called for the conclusion of a
Comprehensive
Nuclear Test-Ban Treaty (CTBT).
By the time
of the Second Review Conference, the membership had increased
to 112 parties, including Japan and West Germany. Implementation
of nuclear disarmament under Article VI remained a challenge.
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1985
Review Conference
Parties: 131
Issues:
Horizontal proliferation to non-member states, especially
Israel and South Africa; CTBT
Resolved: Final Declaration urged expansion of nuclear-weapon-free
zones (NWFZs) and progress on nuclear disarmament.
At the review
conference, some argued that horizontal proliferation, particularly
in Israel and South Africa (neither of which was a member of the
NPT), was threatening the treaty's objective of preventing the
spread of nuclear weapons. By 1985, several NWFZ treaties were
in existence:
the Antarctic Treaty
of 1959,
the Outer Space Treaty
of 1967,
the Treaty of Tlatelolco of 1967 in Latin America,
the
Seabed Treaty of 1971, and the
Treaty or Rarotonga in the South
Pacific. While the Antarctic, Outer Space, and Seabed treaties
relate to environments not inhabited by people, they, like the
Tlatelolco and Rarotonga treaties, represent efforts to prevent
the introduction of nuclear weapons into areas that up to this
time have been free of them.
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1990
Review Conference
Parties: 140
Issues: Implementation of nuclear disarmament, CTBT, safeguards
agreements, security assurances
Resolved: No Final Declaration was produced because of
disagreement over Article VI and frustration that CTBT negotiations
had not progressed.
At the Fourth
Review Conference in 1990, participants welcomed nine new members,
to make a total of 140 parties. China and France were present
as observers.
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1995
Review and Extension Conference
Parties: 178
Issues: The treaty's duration, nuclear disarmament, Middle
East, strengthened review
Resolved: According to Article X.2 of the NPT, 25 years
after entry into force, a conference of NPT members would decide
whether to keep the treaty in force indefinitely or extend it
for an additional fixed period or periods.
By the Fifth
Review Conference in 1995, some states that once possessed nuclear
weapons had renounced that option and had formally joined the
NPT as NNWS. Belarus, Kazakhstan, and Ukraine agreed in 1992 to
give up the nuclear weapons deployed on their territories by the
Soviet Union and to join the NPT as NNWS. South Africa dismantled
its six nuclear weapons and joined the NPT in 1991. Argentina
and Brazil both had apparent nuclear weapon programs, but halted
their development and joined the NPT in 1995 and 1998, respectively.
In total, an additional 38 states had acceded to the treaty by
1995, including the NWS of China and France, increasing its total
membership to 178 states. China and France were allowed to join
the treaty as NWS because they manufactured and exploded a nuclear
weapon or other nuclear explosive device prior to 1 January 1967
(as provided for in Article IX of the treaty).
While the
majority of the states favored the treaty's indefinite extension,
some NNWS wanted the treaty extended for a fixed period of 25
years as a way to maintain leverage over the NWS with regard to
progress in nuclear disarmament. Thus, if the NWS did not comply
with their obligations by continuing to make progress with disarmament,
the NNWS had the option of not renewing the treaty. Those arguing
for indefinite extension of the treaty saw any other option as
undermining the authority of the NPT and of the nonproliferation
regime, as well as weakening the basis for nuclear disarmament
by the NWS.
After much
debate, it was decided to extend the treaty indefinitely as part
of a package that included separate decisions on the strengthened
review process, principles and objectives for nuclear nonproliferation
and disarmament, and a resolution on the Middle East.
In terms
of Decision 1, "Strengthening the Review Process for the Treaty,"
the states parties agreed to hold preparatory committees (PrepComs)
for the review conferences in each of the three years preceding
a review conference. If necessary, a fourth preparatory committee
meeting could be held in the year of a review conference. At the
PrepCom meetings, states parties should consider principles, objectives,
and ways to promote the full implementation of the treaty, as well
as its universality. PrepCom meetings can also make recommendations
for further action to the review conference.
Decision
2, "Principles and Objectives for Nuclear Non-Proliferation
and Disarmament," was adopted in order to accomplish full
realization and effective implementation of all the provisions
of the treaty. This decision also called for the full realization
and effective implementation of Article VI of the treaty, including
through a program of action on nuclear disarmament. The program
of action included the conclusion of a CTBT no later than 1996,
a ban on production of fissile materials for weapons purposes,
and systematic and progressive efforts to reduce nuclear weapons,
with the "ultimate goal of eliminating those weapons."
The resolution
on the Middle East called on all states in the region to join
the treaty and put all nuclear facilities under IAEA safeguards.
Although Israel was not named directly, it is the only state
in the Middle Eastern region not party to the treaty. The resolution
also required all states in the region to work toward a Middle
East zone free of nuclear weapons, as well as other weapons of
mass destruction, and called on all NPT states parties, in particular
the nuclear weapons states, to support this goal.
The
Conference
was unable to agree on a Final Document due to differences between
NWS and NNWS on how to characterize past progress in achieving
the objectives of the treaty, in particular in relation to Article
VI.
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2000
Review Conference
Parties: 187
Issues: Nuclear disarmament, regional issues in the Middle
East, South Asia, and North Korea, non-compliance, universality,
IAEA safeguards
Resolved: This was the first review conference since 1985
to adopt a Final Document. Of 187 member states, 157 participated
and Cuba attended as an observer. The document included an unequivocal
undertaking by the five nuclear weapons states to accomplish the
total elimination of their nuclear arsenals leading to nuclear
disarmament as part of
"Thirteen Practical Steps" for
the systematic and progressive efforts to implement Article VI.
The document resulted from appeals to the NWS by
the
New Agenda Coalition (NAC),
comprising seven NNWS countries: Brazil, Egypt, Ireland, Mexico,
New Zealand, South Africa, and Sweden. The Thirteen Practical
Steps require the NWS to:
1. achieve
the early entry into force of the CTBT;
2. establish a moratorium on nuclear test explosions pending the entry into force of the CTBT;
3. negotiate a Fissile Material Cut-off Treaty (FMCT) at the Conference on Disarmament;
4. deal with nuclear disarmament in the Conference on Disarmament;
5. implement the principle of irreversibility with respect to nuclear disarmament measures;
6. undertake unequivocally to accomplish the total elimination of nuclear arsenals;
7. work toward the early entry into force of START II and the conclusion of
START III as soon as possible, while preserving and strengthening the Anti-Ballistic Missile (ABM) Treaty as a cornerstone of strategic stability and as a basis for further reductions in nuclear
weapons;
8. complete the Trilateral Initiative between the United States, Russia, and IAEA;
9. take specific steps agreed to by the NWS leading to nuclear disarmament:
- further unilateral nuclear weapon reductions;
- increased transparency with regard to nuclear weapon capabilities and the implementation of reductions under Article VI;
- further reduction of non-strategic or tactical nuclear weapons;
- concrete, agreed upon measures to further reduce the operational status of nuclear weapons;
- a diminishing role for nuclear weapons in security policies to minimize the risk of their use and to facilitate nuclear disarmament; and
- the engagement of all five NWS, as soon as appropriate, in the process leading to the total elimination of nuclear weapons.
10. place
excess weapon fissile material from dismantled nuclear warheads
irreversibly under IAEA or other international verification arrangements
to preclude the re-use of such materials for military purposes;
11. reaffirm that the ultimate objective of the disarmament process
is general and complete disarmament under international control;
12. report regularly within the strengthened review process on
the implementation of Article VI and the "programme of action"
outlined in Decision 2 of the 1995 NPT Review and Extension Conference;
and
13. develop further verification capabilities to assure compliance
with nuclear disarmament agreements.
The United States supported all of these measures at the time of their
adoption at the 2000 NPT Review Conference. However, the United States
no longer endorses a number of these steps. In particular, the George
W. Bush administration does not support ratification of the CTBT, withdrew from the Anti-Ballistic Missile Treaty,
and has endorsed an informal approach to nuclear weapon reductions
with Russia that does not include ratification of START II.
Concerns were also expressed over the importance of Iraq's and North Korea's compliance with IAEA safeguards, the tensions between India and Pakistan, and Israel's continuing opaque nuclear policies. As well, all states in the Middle East were invited to take practical steps towards the establishment of "a Middle East zone free of nuclear weapons as well as other weapons of mass destruction," and report their progress at the 2005 Review Conference. The conference deplored the nuclear test explosions carried out by India and Pakistan in May 1998. In efforts to achieve universal membership, the conference called on the remaining four states not party to the treaty (Cuba, India, Israel and Pakistan) to join the treaty.
The Conference
also adopted the decision on "Improving the effectiveness
of the strengthened review process for the Treaty." In this
decision, the states parties reaffirmed that three sessions of
the Preparatory Committee (PrepCom) should be held in the years
prior to the review conference, and that if necessary, a fourth
session would be held in the year of the review conference. In
addition, the states parties recommended that specific time be
allocated at sessions of the PrepCom to address specific relevant
issues. They also agreed that the purpose of the first two sessions
of the PrepCom would be to consider principles, objectives, and
ways in order to promote the full implementation of the treaty,
as well as its universality. At the third and fourth (if necessary)
sessions, the PrepCom should make every effort to produce a consensus
report containing recommendations to the review conference. The
last session of the PrepCom should also finalize the procedural
arrangements for the review conference.
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2005
Review Conference
Parties:
188
Major
Issues:
Non-compliance, Iran,
North Korea, withdrawal, nuclear terrorism (non- state actors’
possible acquisition of nuclear weapons or materials),
clandestine nuclear supply network, negative security
assurances, nuclear disarmament, peaceful uses of nuclear
energy, the nuclear fuel cycle, enforcement mechanism
Resolved:
The seventh Review
Conference failed to reach any substantive agreement.
The final
document merely summarized the conduct of the meeting without
reference to any substance agreements. This conference was characterized by a deep division
between regional and political groups—the Western Group and
Others (WEOG), Eastern Group, and Non-Aligned Movement (NAM)—and between nuclear weapon states and non-nuclear weapon states.
The Review Conference convened under the presidency of
Ambassador Sergio de Queiroz Duarte from Brazil on May 2nd and
concluded on the 27th. One hundred and fifty three states
parties out of 188 (this number does not include the DPRK) in total
assembled at the UN Headquarters and 119 non-governmental organizations (NGOs) attended
as observers. Also,
several international organizations such as the IAEA, as well as
intergovernmental organizations including the African Union, the
League of Arab States, and the Comprehensive Nuclear Test Ban Treaty
Organization (CTBTO) participated as observers.
When the NPT states parties met at the 2005 Review Conference,
they sought to find effective solutions to meet the most
difficult challenges the NPT has faced in its 35 year history.
Unfortunately they failed to do so. The failure of the Review
Conference to respond collectively to numerous challenges facing
the treaty today, has already led many to forecast that the
treaty is doomed to fail, especially if the 2010 Review
Conference has the same fate.
The states parties seem to have run out of options for dealing
with the only three states that have not joined the
treaty—India, Israel, and Pakistan—now armed with nuclear
weapons. Despite North Korea’s announced withdrawal from the
treaty in January 2003, the states parties have yet to
collectively respond to this unprecedented challenge. This
apparent inaction appears tantamount to tacit acceptance of yet
another nuclear-armed state outside the treaty. Concerns have
increased that some NNWS, such as North Korea, Iraq, Iran, and
Libya, have in the past been, or continue to be, involved in
clandestine activities related to nuclear weapons development.
Moreover, concerns about the acquisition of nuclear material by
sub-national terrorist groups and clandestine networks such as
that of A.Q. Khan have intensified. Responding to these new
nonproliferation challenges, new initiatives have been taken, of which
some have generated debate over further restriction on the
inalienable right of peaceful uses of nuclear energy. The
majority of states parties continue to be deeply concerned that
despite the core bargain of the treaty—to prevent the spread of
nuclear weapons and promote the ultimate elimination of these
weapons—more than 30,000 nuclear weapons continue to exist in
the arsenals of the five NPT nuclear weapon-states and the three
de facto nuclear capable states.
The Review Conference represented a missed opportunity for states
parties to respond to these challenges, and address
long-standing issues. But, a Review Conference should not only
be judged by the ability or lack thereof by states parties to
agree by consensus on a final declaration. Although short on
substance, the Conference offered an opportunity to explore new
ways to strengthen the Treaty, including ways to enforce
compliance and to
prevent further withdrawals. While
the Conference could not find ways to deal collectively with
these challenges, it did focus the spotlight on a number of
pressing issues of common concern.
The 2005 NPT Review Conference was further significant since it
marked the 10-year anniversary of the NPT’s indefinite
extension agreed to in 1995. It was also the first Review
Conference since adoption of the 13 practical steps for nuclear
disarmament at the 2000 Review Conference. In addition, 2005
marked the 60th anniversary of the Hiroshima and Nagasaki atomic
bombings of 1945.
Disagreement over procedural issues prevented negotiations on
substantive issues until late in the second week of the
Conference. States parties were only able to reach agreement on
the agenda on Wednesday, May 11th, 10 days after the opening.
The Main Committee meetings were supposed to start on Wednesday
during the first week. Disagreement over the agenda stemmed from
the United States’ attempts to block negotiation on the nuclear
disarmament commitments made at the 2000 and 1995 Review
Conferences. Naturally the Non-Aligned Movement responded with
an equally uncompromising stance. Since the Main Committee
meetings only started on May 19, the allocated time for
substantive negotiations was insufficient. None of the Main
Committees were able to adopt agreed upon text with the result
that no final document could be presented to and adopted by the
final plenary.
2002
PrepCom
2003 PrepCom
2004 PrepCom
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