ACRONYM Reports

Reviewing the Non-Proliferation Treaty: Problems and Processes

ACRONYM Report No.12, September 1998

CHAIRMAN'S WORKING PAPER No. 2

(Draft - Not Adopted)(1)

NPT PrepCom Second Session, 8 May 1998

1. At the second session of the Preparatory Committee, there was agreement subject to review, additions and updating at subsequent sessions of the Preparatory Committee, and pending final agreement on all draft recommendations at the last session, on the following points:

Reaffirmation of commitment to the preamble and the articles of the Treaty,
Reaffirmation of commitment to efforts designed to promote the full realization and effective implementation of the provisions of the Treaty, as well as reaffirmation of the decisions on principles and objectives for nuclear non-proliferation and disarmament and on strengthening the review process for the Treaty as well as the resolution on the Middle East adopted by the 1995 Review and Extension Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons;
(i) Universality
Urgency and importance of achieving the universality of the Treaty; welcome for the eight new accessions to the Treaty since 1995, bringing the number of States parties to 186; urgency for all States not yet party to the Treaty to accede to the Treaty at the earliest possible date, particularly those States that operate unsafeguarded nuclear facilities.
The States parties undertake to make determined efforts towards the achievement of the goal of universality of the Treaty, particularly by the accession to the Treaty at the earliest possible date, of States that operate unsafeguarded nuclear facilities. Their determined efforts to achieve this goal might include the enhancement of regional security.
(ii)Main Committee I issues

Non-proliferation
Reaffirmation that every effort should be made to implement the Treaty in all its aspects to prevent the proliferation of nuclear weapons and other nuclear explosive devices, without hampering the peaceful uses of nuclear energy by States parties to the Treaty.
Among their commitments to the Treaty in its entirety the States parties once again emphasise the particular importance they attach to the strict observance of Articles I and II
Nuclear disarmament
All States parties reaffirm their commitment to fulfil with determination their obligations under Article VI. In this context, the nuclear-weapon States parties declare their commitment to the ultimate elimination of nuclear weapons and to that end agree to pursue vigorously systematic and progressive efforts to further reduce nuclear weapons globally. All States parties declare their commitment to the achievement of general and complete disarmament under strict and effective international control. All States parties further declare that general and complete disarmament, specially including nuclear disarmament, necessitates the co-operation of all States.
The importance of all States to make every effort to promote the earliest entry into force of the Comprehensive Nuclear-Test-Ban Treaty, in accordance with article XIV of that Treaty.
They welcome the ratifications that have taken place so far, including those by two nuclear-weapon States and urge all States, especially those whose ratification in accordance with Article XIV of the Treaty ensures its entry into force, to sign and ratify the Treaty. The States parties call on all States, pending the entry into force, to act so as not to defeat the object and purpose of the Treaty. They also call upon all States to contribute to the work of the CTBT Preparatory Commission, in particular to its efforts to establish the Treaty's verification regime.
Reaffirmation of the need for immediate commencement and early conclusion of negotiations on a non-discriminatory and universally applicable convention banning the production of fissile material for nuclear weapons or other nuclear explosive devices, in accordance with the statement of the Special Co-ordinator of the Conference on Disarmament and the mandate contained therein. Such a Treaty would be an essential measure of nuclear disarmament as well as of non-proliferation.
Recognition of the progress in nuclear weapons reductions by the nuclear-weapon States, including those made unilaterally or bilaterally under the START process, as steps towards nuclear disarmament; reaffirmation of the commitment by the nuclear-weapons States to the determined pursuit of systematic and progressive efforts to reduce nuclear weapons globally, with the ultimate goal of eliminating those weapons and of the commitment by all States to the achievement of general and complete disarmament under strict and effective international control. Nuclear-weapon-free zones
Welcome for the steps taken to conclude further nuclear-weapon-free zone treaties since 1995 and reaffirmation of the conviction that the establishment of internationally recognized nuclear-weapon-free zones freely arrived at among the States concerned enhances global and regional peace and security.
The States parties express support for measures taken by States to establish internationally recognized nuclear-weapon-free zones. They also support proposals for these zones in parts of the world where they do not exist, such as the Middle East and South Asia, on the basis of arrangements freely arrived at among the States of the region concerned as a measure towards the strengthening of the nuclear non-proliferation regime and realising the objectives of nuclear disarmament. States parties welcome the initiative taken by States in Central Asia freely arrived at among themselves to establish a nuclear-weapon-free-zone in that region.
Recognition of the importance attached by signatories and States parties to the Treaties of Tlatelolco, Rarotonga, Pelindaba and Bangkok to establishing a mechanism for co-operation among their respective Treaty agencies Security Assurances
Reaffirmation of the view that further steps, which could take the form of an international legally binding instrument, should be considered to assure non-nuclear-weapon States party to the Treaty against the use or threat of use of nuclear weapons.
(iii)Main Committee II issues Safeguards
Welcome for the conclusion of negotiations on the IAEA 93+2 programme to strengthen the effectiveness and improve the efficiency of the Agency's safeguards system and expectation that IAEA will endorse that outcome at its special session in May; reaffirmation that IAEA is the competent authority responsible for verifying and assuring, in accordance with the statute of the Agency and the Agency's safeguards system, compliance with its safeguards agreements.
The States parties support the efforts made to strengthen the effectiveness and improve the efficiency of the IAEA safeguards system and express their support for the IAEA's efforts to integrate safeguards measures arising from the Model Protocol Additional to existing safeguards agreements.
The States parties urge all States parties required by Article III of the Treaty which have not yet done so to conclude with the International Atomic Energy Agency (IAEA) a comprehensive safeguards agreement pursuant to Article III of the Treaty.
The States parties call on all States not parties to the Treaty to accept IAEA comprehensive safeguards.
They also urge all States that have safeguard agreements with the IAEA to conclude as quickly as possible an Additional Protocol pursuant to INFCIRC/540.
The States parties urge the nuclear-weapon States to include in Additional Protocols to their voluntary safeguards agreements those measures which they have identified as capable of contributing to the non-proliferation and efficiency aims of the Model Protocol.
The States parties urge all States to implement, to the extent possible, the IAEA's recommendations on the physical protection of nuclear material, currently set forth in INFCIRC/225 rev.3 and urge all States parties to examine ways and means to strengthen the current regime
(iv) Main Committee III issues

Peaceful uses of nuclear energy
Reaffirmation of commitment to continue to take further steps for the full realisation of the relevant provisions of the Treaty, taking into account the undertakings in the principles and objectives on the peaceful use of nuclear energy.
Reaffirmation that attacks or threats of attack on nuclear facilities devoted to peaceful purposes jeopardize nuclear safety and raise serious concerns regarding the application of international law on the use of force in such cases, which could warrant appropriate action in accordance with the provisions of the Charter of the United Nations.
The States parties reaffirm their commitment to the full implementation of Article IV of the Treaty and reaffirm their commitment to co-operation in the field of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I, II and III of the Treaty and the Decision on the Principles and Objectives for Nuclear Non-Proliferation and Disarmament. They further reaffirm the importance they attach to the work of the IAEA regarding multilateral technical co-operation in the development of the applications of nuclear energy for peaceful purposes and they repeat their call for every effort to be made to ensure that the IAEA has the necessary financial and human resources to meet its responsibilities in the area of technical co-operation, safeguards and nuclear safety.
States parties also reaffirm the importance of nuclear safety as an essential prerequisite for the peaceful uses of nuclear energy. In this context, States parties attach importance to ensuring a successful review process under the Nuclear Safety Convention and note the adoption of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management as another contribution in this area.
All States parties express their determination to prevent and combat illicit trafficking in nuclear materials and stated their readiness to co-operate with each other, and support multilateral efforts to this end.

Notes

1. Having failed to obtain agreement, the Chair's Working Paper was published under his name as NPT/CONF.2000/PC.II/35