African Nuclear-Weapon-Free Zone Treaty

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African Nuclear-Weapon-Free Zone Treaty
  Nations that have ratified the African Nuclear Weapon Free Zone Treaty
  Countries that have signed but not ratified
  Countries that have not signed
Typenuclear disarmament
Signed11 April 1996
LocationCairo, Egypt
Effective15 July 2009
Signatories53
Parties43
DepositaryOAU Secretary-General

The African Nuclear-Weapon-Free Zone Treaty, also known as the Treaty of Pelindaba (named after South Africa's main Nuclear Research Centre, run by The

Nuclear-Weapon-Free Zone in Africa
. The treaty was signed in 1996 and came into effect with the 28th ratification on 15 July 2009.

Treaty outline

The Treaty prohibits the research, development, manufacture, stockpiling, acquisition, testing, possession, control or stationing of

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,

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:

This list does not mention the

Nuclear-Weapon-Free Zones
.

History

The quest for a nuclear free Africa began when the

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.

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

States that have signed but not ratified

All countries are members of the African Union

State Signed
 Central African Republic Apr 11, 1996
 Djibouti Apr 11, 1996
 Egypt Apr 11, 1996
 Eritrea Apr 11, 1996
 Liberia Jul 9, 1996
 São Tomé and Príncipe Jul 9, 1996
 Sierra Leone Apr 11, 1996
 Somalia Feb 23, 2006
 Sudan Apr 11, 1996
 Uganda Apr 11, 1996

Non-signatory states

State
 South Sudan - (part of Sudan until July 2011)

Nuclear weapons states and the African Nuclear Weapon Free Zone

Pelindaba Africa
30,221,532 km2 53 2009-07-15 Total: 84,000,000 km2 116

The Treaty has three Protocols.

Under Protocol I, 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

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]

References

  1. ^ Von Wielligh, N. & von Wielligh-Steyn, L. (2015). The Bomb – South Africa’s Nuclear Weapons Programme. Pretoria: Litera.
  2. ^ "African Nuclear Weapons Free Zone Treaty". Department of Foreign Affairs, Republic of South Africa. Archived from the original on 21 August 2006. Retrieved 2006-07-28.
  3. ^ "Pelindaba Treaty - Text". Retrieved 12 May 2016.
  4. ^ Noel Scott; Amelia du Rand; Jean du Preez (October 2008). "A Brief Guide to the Pelindaba Treaty: Towards Entry-into-Force of the African Nuclear-Weapon-Free Zone Treaty" (PDF). Arms Management Program, Institute for Security Studies.
  5. ^ "Atlantic Ocean - Saint Helena & Dependencies". Archived from the original on 2010-12-23. Retrieved 2010-12-23.
  6. ^ Captain Mark E. Rosen; U.S. Navy (Fall 1997). "Nuclear-Weapon-Free Zones: Time for a fresh look". Duke Journal of Comparative and International Law. 8 (1): 29–78. Archived from the original on March 6, 2005. Retrieved 2006-07-28.
  7. ^ United Nations General Assembly Session 51 Resolution A/RES/51/53 Retrieved 2007-08-23.
  8. ^ United Nations General Assembly Session 52 Resolution A/RES/52/46 Retrieved 2007-08-23.
  9. ^ United Nations General Assembly Session 54 Resolution A/RES/54/48 Retrieved 2007-08-23.
  10. ^ United Nations General Assembly Session 56 Resolution A/RES/56/17 Retrieved 2007-08-23.
  11. ^ United Nations General Assembly Session 58 Resolution A/RES/58/30 Retrieved 2007-08-23.
  12. ^ United Nations General Assembly Session 60 Resolution A/RES/60/49 Retrieved 2007-08-23.
  13. ^ United Nations General Assembly Session 50 Resolution A/RES/50/78 Retrieved 2007-08-23.
  14. ^ "Disarmament Treaties Database: Pelindaba Treaty". Retrieved 12 May 2016.
  15. ^ "SOUTH PACIFIC NUCLEAR FREE ZONE TREATY" (PDF). Archived from the original (PDF) on 2011-07-16. Retrieved 2011-06-10.
  16. ^ "SEANWFZ Enters Into Force; U.S. Considers Signing Protocol - Arms Control Association". Retrieved 12 May 2016.
  17. ^ Michael Evans. "Nuclear". Retrieved 12 May 2016.
  18. ^ a b "Africa Is Now Officially a Zone Free of Nuclear Weapons". ISS Today. 12 August 2009.
  19. ^ "African Nuclear-Weapon-Free-Zone (ANWFZ) Treaty (Pelindaba Treaty)". Nuclear Threat Initiative. Archived from the original on 17 July 2022. Retrieved 11 August 2022.
  20. ^ "African Nuclear-Weapon-Free Zone Enters into Force". James Martin Center for Nonproliferation Studies. 2009-08-12. Retrieved 2022-04-22.
  21. ^ Remarks at the Review Conference of the Nuclear Nonproliferation Treaty Archived 2016-12-28 at the Wayback Machine, Hillary Rodham Clinton, Secretary of State, The United Nations, New York City, May 3, 2010.
  22. ^ "Nuclear-Weapon-Free Zones At a Glance". Arms Control Association. Archived from the original on 9 August 2006. Retrieved 2006-07-28.
  23. doi:10.1093/jel/eqn034, archived from the original
    on 13 July 2012, retrieved 2009-08-18
  24. ^ "IAEA: Africa Renounces Nukes". ISRIA. 2009-08-16. Archived from the original on 21 January 2022.

External links