African Nuclear-Weapon-Free Zone Treaty

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African Nuclear-Weapon-Free Zone Treaty
African Nuclear Weapon Free Zone Signators.svg
  Countries that have ratified the Treaty
  Countries that have signed but not ratified
  Countries that have not signed
Type Nuclear disarmament
Signed11 April 1996
Location Cairo, Egypt
Effective15 July 2009
Signatories53
Parties43
Depositary OAU Secretary-General

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.

Contents

Treaty outline

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

"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

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

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.

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

States that have signed but not ratified

All countries are members of the African Union

StateSigned
Flag of the Central African Republic.svg  Central African Republic Apr 11, 1996
Flag of Djibouti.svg  Djibouti Apr 11, 1996
Flag of Egypt.svg  Egypt Apr 11, 1996
Flag of Eritrea.svg  Eritrea Apr 11, 1996
Flag of Liberia.svg  Liberia Jul 9, 1996
Flag of Sao Tome and Principe.svg  São Tomé and Príncipe Jul 9, 1996
Flag of Sierra Leone.svg  Sierra Leone Apr 11, 1996
Flag of Somalia.svg  Somalia Feb 23, 2006
Flag of Sudan.svg  Sudan Apr 11, 1996
Flag of Uganda.svg  Uganda Apr 11, 1996

Non-signatory states

State
Flag of South Sudan.svg  South Sudan - (part of Sudan until July 2011)

Nuclear weapons states and the African Nuclear Weapon Free Zone

Nuclear-Weapon-Free Zones NW states Nuclear sharing NPT only

Treaty
Region
Land area
States
In force
Antarctic
Antarctica
14,000,000 km
1961-06-23
Space
Outer Space
1967-10-10
Tlatelolco
Latin America
Caribbean
21,069,501 km
33
1969-04-25
Seabed
Seabed
1972-05-18
Rarotonga
South Pacific
9,008,458 km
13
1986-12-11
Bangkok
ASEAN
4,465,501 km
10
1997-03-28
MNWFS
Mongolia
1,564,116 km
1
2000-02-28
CANWFZ
Central Asia
4,003,451 km
5
2009-03-21
Pelindaba
Africa
30,221,532 km
53
2009-07-15
Total:
84,000,000 km
116 Nwfz.svg
      Nuclear-Weapon-Free Zones       NW states       Nuclear sharing       NPT only
TreatyRegionLand areaStatesIn force
Antarctic Antarctica 14,000,000 km1961-06-23
Space Outer Space 1967-10-10
Tlatelolco Latin America
Caribbean
21,069,501 km331969-04-25
Seabed Seabed 1972-05-18
Rarotonga South Pacific 9,008,458 km13 1986-12-11
Bangkok ASEAN 4,465,501 km10 1997-03-28
MNWFS Mongolia 1,564,116 km12000-02-28
CANWFZ Central Asia 4,003,451 km5 2009-03-21
Pelindaba Africa 30,221,532 km532009-07-15
Total:84,000,000 km116

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

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]

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