Implementation of the Text of the African Nuclear-Weapon-Free Zone Treaty relating to Peaceful Uses of Nuclear Energy
Dr. Sola Ogunbamwo *

With regard to the peaceful uses of nuclear energy, the existing situation in Africa is that the few African States that have shown interest in nuclear power plants and research reactors have been discouraged by the high costs involved, as well as by the effects of Chernobyl. Furthermore, the realities today are that only four States (South Africa, Egypt, Algeria and Libya) have programmes that require the application of safeguards. Of the four, only South Africa has nuclear power plants as well as a complete nuclear fuel cycle. Notwithstanding this existing situation, African States interests in nuclear energy lie in the fact that some of them are the major sources of nuclear fuel. For example, four states (South Africa, Namibia, Niger and Gabon) produce uranium commercially. Moreover, several African states have benefited from the uses of nuclear science and technology for agriculture, medicine, food preservation, animal husbandry, hydrology and mining.

It is therefore not surprising that the Treaty will have elaborate provisions on the peaceful uses of nuclear energy. The Parties to the Treaty do not wish to impose on themselves any restrictions that may hinder activities permissible and carried out in other regions for purposes of economic and social development. To this end, Article 8 of the current text of the Treaty stipulates that the Parties will undertake to promote "individually and collectively" the use of nuclear science and technology for economic and social development.

Because of the importance which the African States attach to this subject-matter, it is necessary to provide the following information on how the Parties intend to implement above-mentioned paragraph 8 of the current text of the Treaty. It should be stated at the outset that the roles of IAEA, AFCONE, AFRA and African States that are advanced in nuclear technology will be crucial for the peaceful uses of nuclear technology in Africa.

Role of AFCONE (The African Commission on Nuclear Energy).

The role of the AFCONE (which is to some extent similar to that of OPANAL) includes:

• promoting peaceful uses of nuclear energy under full scope Safeguards of IAEA;
• encouraging the parties make full use of programme of assistance available under the IAEA. This includes nuclear power plants, research reactors, as well as the use of nuclear technology for agriculture, medicine, food preservation, animal husbandry, etc.
• encouraging regional programmes for cooperation in the peaceful uses of nuclear science and technology. In this connection. AFRA (African Regional Cooperative Agreement for Research, Development and Training Related to Nuclear Science and Technology) was created in 1990. 15 African States are already Members of AFRA. More African States should be encouraged to join AFRA. As required under the terms of the African NWFZ Treaty, the AFCONE will receive annual reports of the activities of AFRA.
• promoting international cooperation with extra zonal states and organizations concerned. Under this provision of the Treaty, the AFCONE may need to establish cooperative contacts with States concerned, as well as with OPANAL, ABACC and other similar agencies. The AFCONE will welcome cooperation with States that could provide assistance in the use of nuclear technology for development.
• making sure that radioactive wastes are not dumped within the zone of application of the Treaty. Under article 7 of the current text of the Treaty, the Parties to the Treaty will undertake not to dump and not to assist others in dumping radioactive materials in the African NWFZ. This provision reflects the growing concern of the African States that their continent should not be used as a dumping site. To this end, the Parties will undertake to support effective implementation of and apply measures equivalent to those contained in the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and management of Hazardous Wastes.
• making sure that the export of Uranium is for peaceful purposes and under IAEA safeguards. Africa has significant uranium reserves and there is a need to fit its producers into the system of transparency and monitoring of uranium movements. The Treaty therefore bans the export of source or special fissionable material for peaceful purposes to any Non-Nuclear Weapon State unless subject to a comprehensive safegurads agreement concluded with the IAEA.

Role of South Africa and other African States that are advanced in nuclear science and technology.

South Africa has the capacity to contribute substantially to the peaceful uses of nuclear science and technology in Africa. In addition, South Africa could contribute to the training needed to enhance the capacities of Parties to understand the issues relating to the peaceful uses of nuclear science and technology. Such training will complement those already provided by IAEA and AFRA.

* Biographic Note:

From 1979 to present time, he has actively followed the work of the Conference on Disarmament (CD) at Geneva.

He has been studying the problems of global arms regulation and disarmament including regional security since 1976, followed disarmament negotiations and deliberations in Geneva and New York in different capacities. He was formally an Assistant to the Under-Secretary-General for Political and Security Council Affairs.

Dr. Sola Ogunbamwo has university degrees in International Law and International Affairs [Doctor of Laws (International Law) from Leyden University (Leyden, Netherlands), Master of Laws (Space Law) from McGill University (Montreal, Canada)].