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Disarmament Documentation

IAEA Board of Governors Meeting, Vienna, November 28-29

Note: the 35 members of the IAEA Board of Governors for 2002-2003 are - Argentina, Australia, Brazil, Bulgaria, Burkina Faso, Canada, Chile, China, Colombia, Cuba, Czech Republic, Denmark, Egypt, France, Germany, India, Iran, Japan, Kuwait, Malaysia, Morocco, Netherlands, New Zealand, Panama, Philippines, Romania, Russia, Saudi Arabia, South Africa, Spain, Sudan, Switzerland, Turkey, United Kingdom, United States.

I. Statement by Director General, November 28
II. Resolution on North Korea, November 29

I. Statement by Director General, November 28

Excerpts from 'Introductory Statement', Dr. Mohamed ElBaradei, Director Meeting of the International Atomic Energy Agency (IAEA), IAEA Board of Governors, Vienna, November 28.

Resumption of Inspections in Iraq

As you are aware, the resumption of inspections in Iraq has been the subject of intensive diplomatic effort in the last few months. These efforts have culminated in the acceptance by Iraq of the resumption of inspections without conditions, and in the adoption of Security Council resolution 1441 on 8 November. The new Security Council resolution, inter alia, affirms the unified resolve of the Council to fully support the inspection process; it grants additional authority to the inspecting organizations - the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) and the IAEA - in a number of areas, including immediate access to all sites in Iraq without distinction, the right to determine the modalities and locations for interviewing relevant persons, and the ability to freeze activities during the inspection of a site. It also encourages all States to provide timely information to the inspecting organizations that is relevant to their mandate, with a view to improving inspection effectiveness. Last week, I joined the Executive Chairman of UNMOVIC in leading an advance team to Baghdad. We had a series of meetings at both the technical and political levels. The meetings were business-like and constructive; the Iraqi counterparts expressed their commitment to fully co-operate at all levels with the inspecting organizations. Iraq also expressed its intention to submit a currently accurate, full and complete declaration by 8 December, as required by the new Security Council resolution.

I am pleased to report that the first inspections by the IAEA and UNMOVIC began yesterday, with the co-operation of Iraq. This is a good beginning, and I hope full co-operation will continue throughout the inspection process. The two inspecting organizations will update the Security Council sixty days after the first inspection, as required by the resolution. Naturally, the Agency will make every effort to effectively discharge its mandate, subject to full co-operation by Iraq, with the aim of bringing to full and verified compliance the disarmament process required by the Security Council.

Status of Safeguards Agreement with the Democratic People's Republic of Korea

Since 1993, the Agency has been unable to fully implement its comprehensive safeguards agreement with the Democratic People's Republic of Korea (DPRK). Due to a lack of access to information and sites, we continue to be unable to verify that the DPRK has made a complete and correct declaration of its nuclear material that is subject to Agency safeguards under its NPT safeguards agreement.

Reports in mid-October suggested that the DPRK has in addition been working on an undeclared programme to enrich uranium. We promptly asked the DPRK to confirm these reports and provide all relevant information. We also expressed the need to discuss, at a senior level, this and all other longstanding issues relevant to the DPRK's compliance with its obligations under the NPT safeguards agreement. We have yet to receive a response.

Clearly, the existence of such a programme would be a matter of deep concern to all. Under the DPRK's NPT safeguards agreement, if such an enrichment programme exists, it has to be declared to the Agency and must be subject to safeguards to ensure its peaceful nature. I do hope that the DPRK will respond to our inquiry without further delay - pursuant to its obligation under Article 3 of its safeguards agreement to co-operate in the implementation of that agreement. I also hope that the DPRK will soon begin a senior level discussion with the Agency on requirements and modalities for compliance with its NPT safeguards agreement.

Convention on the Physical Protection of Nuclear Material

I regret to report that the group preparing a draft amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM), with a view to strengthening that convention, could not yet reach an agreement when it met again here in Vienna earlier this month. Given the need and priority of strengthening the physical protection of nuclear material and facilities, particularly in light of the events of last year, this is a matter of some disappointment. The group plans to hold a final meeting next March, with separate subgroups working in the meantime to resolve specific issues. I would urge all Member States to redouble their efforts to ensure that all remaining points of disagreement are resolved without further delay.

Conference on the Security of Radiation Sources

In the area of security, I should also mention that the Agency is organizing an International Conference on the Security of Radiation Sources to be held in Vienna next March with the co-sponsorship of the Russian Federation and the United States of America. We hope through this conference to raise awareness of key issues related to the potential malevolent use of radiation sources, and to discuss measures that would diminish the likelihood of such threats occurring.

2004-2005 Programme and Budget

The draft programme and budget for 2004-2005 that will soon be circulated to Member States foresees the need for budgetary growth in nearly all areas of Agency activity. As you know, I have been saying for some time that the Agency can no longer continue with a policy of zero real growth. The most severe impact of that policy is in the area of safeguards, which is annually underfunded by at least $20 million in the regular budget, despite expanding responsibilities - and where, without additional resources in the next biennium, we will no longer be able to guarantee credible safeguards. The impact of this policy is also felt to varying degrees in the areas of nuclear safety and security, nuclear energy, nuclear applications and the management of technical co-operation. ,,,

Source: IAEA website, http://www.iaea.org.

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II. Resolution on North Korea, November 29

'IAEA Board of Governors adopts resolution on Safeguards in the DPRK', IAEA Media Advisory 2002/33, November 29; resolution unanimously adopted on November 29.

The Board of Governors,

a. Recalling its resolutions GOV/2636, GOV/2639, GOV/2645, GOV/2692, GOV/2711 and GOV/2742, and General Conference resolutions GC(XXXVII)RES/624, GC(XXXVIII)RES/16, GC(39)/RES/3, GC(40)/RES/4, GC(41)/RES/22, GC(42)/RES/2, GC(43)/RES/3, GC(44)/RES/26, GC(45)RES/16, and GC(46) RES/14,

b. Noting that the Democratic People's Republic of Korea (DPRK) is a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and reaffirming that the IAEA-DPRK safeguards agreement (INFCIRC/403) under the NPT remains binding and in force,

c. Recalling further resolution 825 (1993) adopted by the Security Council of the United Nations on 11 May 1993 and 31 March 1994, 30 May 1994 and 4 November 1994 statements by the President of the United Nations Security Council, particularly the request to take all steps the Agency deems necessary to verify full compliance by the DPRK with its safeguards agreement with the Agency,

d. Noting with extreme concern recent reports of an unsafeguarded DPRK uranium enrichment programme, and the DPRK statement of 25 October 2002 that it is "entitled to possess not only nuclear weapons but any type of weapon more powerful than that,"

e. Mindful of the indispensable role of the IAEA in continuing to monitor the freeze on nuclear facilities in the DPRK as requested by the Security Council,

f. Recognizing the importance to the international community of maintaining peace, stability, and the nuclear weapons-free status of the Korean Peninsula, and declaring its readiness to promote a peaceful resolution of the DPRK nuclear issue,

g. Noting that the IAEA Secretariat has sent two letters (17 and 18 October 2002) to the authorities of the DPRK, asking them to cooperate with the Agency and seeking clarification of reported information about a programme to enrich uranium,

h. Having considered the report of the Director General at its meeting of 28 November 2002,

1. Reiterates its previous calls to the DPRK to comply fully and promptly with its safeguards agreement and to co-operate fully with the Agency to that end;

2. Endorses the statement by the Director General on 17 October 2002 in which he expressed "deep concern" regarding reported information that the DPRK has a programme to enrich uranium for nuclear weapons, and the action taken by the Director General to seek information from the DPRK on any such activity;

3. Insists that the DPRK urgently and constructively respond to letters from the IAEA Secretariat requesting clarification of the reported uranium enrichment programme;

4. Calls upon the DPRK to accept without delay the proposal of the Director General to despatch a senior team to the DPRK, or to receive a DPRK team in Vienna, to clarify the aforementioned uranium enrichment programme;

5. Recognises that such a programme, or any other covert nuclear activities, would constitute a violation of the DPRK's international commitments, including the DPRK's safeguards agreement with the Agency pursuant to the NPT;

6. Deplores the DPRK's repeated public statements that it is entitled to possess nuclear weapons, which runs contrary to its obligations under the NPT not to develop or possess nuclear weapons;

7. Urges the DPRK to provide to the Agency all relevant information concerning the reported uranium enrichment programme, and other relevant nuclear fuel cycle facilities;

8. Urges the DPRK to cooperate with the Agency with a view to opening immediately all relevant facilities to IAEA inspection and safeguards, as required under its comprehensive safeguards agreement;

9. Urges the DPRK to give up any nuclear weapons programme, expeditiously and in a verifiable manner;

10. Requests the Director General to transmit this resolution to the DPRK, to continue dialogue with the DPRK with a view toward urgent resolution of the issues above, and to report again to the Board of Governors on the matter at its next meeting or when deemed necessary; and

11. Decides to remain seized of the matter.

Note: the resolution was immediately applauded by US State Department spokesperson Philip Reeker, who noted (November 29) - "We welcome the strong resolution that the International Atomic Energy Agency Board of Governors adopted by consensus today regarding North Korea's nuclear program. The resolution deplores North Korea's repeated public statements that it is entitled to possess nuclear weapons, which is contrary to its obligations under the Nuclear Non-Proliferation Treaty. The Board insisted that North Korea urgently and constructively cooperate with the IAEA in opening immediately all relevant facilities to IAEA inspections and safeguards and urged North Korea to give up any nuclear weapons program, expeditiously and in a verifiable manner. This resolution sends a clear, strong and unmistakable signal that the international community will not tolerate a North Korean nuclear weapons program. North Korea must come into compliance with its obligations under the Nuclear Non-Proliferation Treaty, including its safeguards agreement with the IAEA. Adoption of this resolution by the 35-member Board makes clear that North Korea's nuclear weapons ambitions and program are an issue between North Korea and the international community, not a bilateral issue with the United States, as the North Koreans like to portray it." (International Atomic Energy Agency Adopts Resolution on North Korea, Statement by Philip T. Reeker, Deputy Spokesman, US Department of State, Office of the Spokesman, November 29.) A Russian Foreign Ministry statement (Document 2469-29-11-2002, November 29) observed: "In the resolution, it is emphasized that the DPRK, which remains a party to the NPT, must strictly fulfill its obligations both under the Treaty and under the current IAEA safeguards agreement. The Russian delegation, speaking in explanation of vote, reaffirmed the principled stand of Russia against the spread of nuclear weapons and for the strict observance of the NPT by all member countries and for assuring the nuclear-free status of the Korean Peninsula. In particular, the DPRK-US Agreed Framework of 1994, containing a provision that both parties will work together for strengthening the non-proliferation regime, should unconditionally be implemented. In stating this, we hope that the DPRK and the United States will be able to foster a direct dialogue between themselves on all the issues of mutual concern. Russia, for its part, jointly with other interested countries, is ready to continue to render the necessary assistance to the resumption of this dialogue."

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