SOUTH PACIFIC NUCLEAR FREE ZONE TREATY
Treaty of Rarotonga
Preamble
Article 1 Usage of Terms
Article 2 Application of the Treaty
Article 3 Renunciation of Nuclear Explosive Devices
Article 4 Peaceful Nuclear Activities
Article 5 Prevention of Stationing of Nuclear Explosive Devices
Article 6 Prevention of Testing of Nuclear Explosive Devices
Article 7 Prevention of Dumping
Article 8 Control System
Article 9 Reports and Exchanges of Information
Article 10 Consultations and Review
Article 11 Entry into Force
Article 12 Depositary Functions
Article 13 Withdrawl
Article 14 Reservations
Article 15 Entry into Force
Article 16 Depositary Functions
Annex I South Pacific Nuclear Free Zone
Annex II IAEA Safeguards
Annex III Consutative Committee
Annex IV Complaints Proceedure
Protocol I
Protocol II
Protocol III
SOUTH PACIFIC NUCLEAR FREE ZONE TREATY
The Parties to this Treaty
United in their commitment to a world at peace;
Gravely concerned that the continuing nuclear arms race presents the risk of nuclear war which would have
devastating consequences for all people;
Convinced that all countries have an obligation to make every effort to achieve the goal of eliminating nuclear
weapons, the terror which they hold for humankind and the threat which they pose to life on earth;
Believing that regional arms control measures can contribute to global efforts to reverse the nuclear arms
race and promote the national security of each country in the region and the common security of all;
Determined to ensure, so far as lies within their power, that the bounty and beauty of the land and sea
in their region shall remain the heritage of their peoples and their descendants in perpetuity to be enjoyed by
all in peace;
Reaffirming the importance of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) in preventing
the proliferation of nuclear weapons and in contributing to world security;
Noting, in particular, that Article VII of the NPT recognises the right of any group of States to conclude
regional treaties in order to assure the total absence of nuclear weapons in their respective territories;
Noting that the prohibitions of emplantation and emplacement of nuclear weapons on the seabed and the ocean
floor and in the subsoil thereof contained in the Treaty on the Prohibition of the Emplacement of Nuclear Weapons
and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil Thereof apply in the
South Pacific;
Noting also that the prohibition of testing of nuclear weapons in the atmosphere or under water, including
territorial waters or high seas, contained in the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer
Space and Under Water applies in the South Pacific;
Determined to keep the region free of environmental pollution by radioactive wastes and other radioactive
matter;
Guided by the decision of the Fifteenth South Pacific Forum at Tuvalu that a nuclear free zone should be
established in the region at the earliest possible opportunity in accordance with the principles set out in the
communique of that meeting;
Agreed as follows:
ARTICLE 1: USAGE OF TERMS
For the purposes of this Treaty and its Protocols:
(a) "South Pacific Nuclear Free Zone" means the areas described in Annex I as illustrated by the map
attached to that Annex;
(b) "territory" means internal waters, territorial sea and archipelagic waters, the seabed and subsoil
beneath, the land territory and the airspace above them;
(c) "nuclear explosive device" means any nuclear weapon or other explosive device capable of releasing
nuclear energy, irrespective of the purpose for which it could be used. The term includes such a weapon or device
in unassembled and partly assembled forms, but does not include the means of transport or delivery of such a weapon
or device if separable from and not an indivisible part of it;
(d) "stationing" means emplantation, emplacement, transportation on land or inland waters, stockpiling,
storage, installation and deployment.
ARTICLE 2: APPLICATION OF THE TREATY
1. Except where otherwise specified, this Treaty and its Protocols shall apply to territory within the South Pacific
Nuclear Free Zone.
2. Nothing in this Treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any
State under international law with regard to freedom of the seas.
ARTICLE 3: RENUNCIATION OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:
(a) not to manufacture or otherwise acquire, possess or have control over any nuclear explosive device by any means
anywhere inside or outside the South Pacific Nuclear Free Zone;
(b) not to seek or receive any assistance in the manufacture or acquisition of any nuclear explosive device;
(c) not to take any action to assist or encourage the manufacture or acquisition of any nuclear explosive device
by any State.
ARTICLE 4: PEACEFUL NUCLEAR ACTIVITIES
Each Party undertakes:
(a) not to provide source or special fissionable material, or equipment or material especially designed or prepared
for the processing, use or production of special fissionable material for peaceful purposes to:
(i) any non-nuclear-weapon State unless subject to the safeguards required by Article 111.1 of the NPT, or
(ii) any nuclear-weapon State unless subject to applicable safeguards agreements with the International Atomic
Energy Agency (IAEA).
Any such provision shall be in accordance with strict non-proliferation measures to provide assurance of exclusively
peaceful non-explosive use;
(b) to support the continued effectiveness of the international non-proliferation system based on the NPT and the
IAEA safeguards system.
ARTICLE 5: PREVENTION OF STATIONING OF NUCLEAR EXPLOSIVE DEVICES
1. Each Party undertakes to prevent in its territory the stationing of any nuclear explosive device.
2. Each Party in the exercise of its sovereign rights remains free to decide for itself whether to allow visits
by foreign ships and aircraft to its ports and airfields, transit of its airspace by foreign aircraft, and navigation
by foreign ships in its territorial sea or archipelagic waters in a manner not covered by the rights of innocent
passage, archipelagic sea lane passage or transit passage of straits.
ARTICLE 6: PREVENTION OF TESTING OF NUCLEAR EXPLOSIVE DEVICES
Each Party undertakes:
(a) to prevent in its territory the testing of any nuclear explosive device;
(b) not to take any action to assist or encourage the testing of any nuclear explosive device by any State.
ARTICLE 7: PREVENTION OF DUMPING
1. Each Party undertakes:
(a) not to dump radioactive wastes and other radioactive matter at sea anywhere within the South Pacific Nuclear
Free Zone;
(b) to prevent the dumping of radioactive wastes and other radioactive matter by anyone in its territorial sea;
(c) not to take any action to assist or encourage the dumping by anyone of radioactive wastes and other radioactive
matter at sea anywhere within the South Pacific Nuclear Free Zone;
(d) to support the conclusion as soon as possible of the proposed Convention relating to the protection of the
natural resources and environment of the South Pacific region and its Protocol for the prevention of pollution
of the South Pacific region by dumping, with the aim of precluding dumping at sea of radioactive wastes and other
radioactive matter by anyone anywhere in the region.
2. Paragraphs 1 (a) and 1 (b) of this Article shall not apply to areas of the South Pacific Nuclear Free Zone in
respect of which such a Convention and Protocol have entered into force.
ARTICLE 8: CONTROL SYSTEM
1. The Parties hereby establish a control system for the purpose of verifying compliance with their obligations
under this Treaty.
2. The control system shall comprise:
(a) reports and exchange of information as provided for in Article 9;
(b) consultations as provided for in Article 10 and Annex 4 (1);
(c) the application to peaceful nuclear activities of safeguards by the IAEA as provided for in Annex 2;
(d) a complaints procedure as provided for in Annex 4.
ARTICLE 9: REPORTS AND EXCHANGES OF INFORMATION
1. Each Party shall report to the Director of the South Pacific Bureau for Economic Co-operation (the Director)
as soon as possible any significant event within its jurisdiction affecting the implementation of this Treaty.
The Director shall circulate such reports promptly to all Parties.
2. The Parties shall endeavour to keep each other informed on matters arising under or in relation to this Treaty.
They may exchange information by communicating it to the Director, who shall circulate it to all Parties.
3. The Director shall report annually to the South Pacific Forum on the status of this Treaty and matters arising
under or in relation to it, incorporating reports and communications made under paragraphs 1 and 2 of this Article
and matters arising under Articles 8 (2) (d) and 10 and Annex 2 (4).
ARTICLE 10: CONSULTATIONS AND REVIEW
Without prejudice to the conduct of consultations among Parties by other means, the Director, at the request of
any Party, shall convene a meeting of the Consultative Committee established by Annex 3 for consultation and co-operation
on any matter arising in relation to this Treaty or for reviewing its operation.
ARTICLE 11: AMENDMENT
The Consultative Committee shall consider proposals for amendment of the provisions of this Treaty proposed by
any Party and circulated by the Director to all Parties not less than three months prior to the convening of the
Consultative Committee for this purpose. Any proposal agreed upon by consensus by the Consultative Committee shall
be communicated to the Director who shall circulate it for acceptance to all Parties. An amendment shall enter
into force thirty days after receipt by the depositary of acceptances from all Parties.
ARTICLE 12: SIGNATURE AND RATIFICATION
1. This Treaty shall be open for signature by any Member of the South Pacific Forum.
2. This Treaty shall be subject to ratification. Instruments of ratification shall be deposited with the Director
who is hereby designated depositary of this Treaty and its Protocols.
3. If a Member of the South Pacific Forum whose territory is outside the South Pacific Nuclear Free Zone becomes
a Party to this Treaty, Annex I shall be deemed to be amended so far as is required to enclose at least the territory
of that Party within the boundaries of the South Pacific Nuclear Free Zone. The delineation of any area added pursuant
to this paragraph shall be approved by the South Pacific Forum.
ARTICLE 13: WITHDRAWAL
1. This Treaty is of a permanent nature and shall remain in force indefinitely, provided that in the event of a
violation by any Party of a provision of this Treaty essential to the achievement of the objectives of the Treaty
or of the spirit of the Treaty, every other Party shall have the right to withdraw from the Treaty.
2. Withdrawal shall be effected by giving notice twelve months in advance to the Director who shall circulate such
notice to all other Parties.
ARTICLE 14: RESERVATIONS
This Treaty shall not be subject to reservations.
ARTICLE 15: ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of deposit of the eighth instrument of ratification.
2. For a signatory which ratifies this Treaty after the date of deposit of the eighth instrument of ratification,
the Treaty shall enter into force on the date of deposit of its instrument of ratification.
ARTICLE 16: DEPOSITARY FUNCTIONS
The depositary shall register this Treaty and its Protocols pursuant Article 102 of the Charter of the United Nations
and shall transmit certified copies of the Treaty and its Protocols to all Members of the South Pacific Forum and
all States eligible to become Party to the Protocols to the Treaty and shall notify them of signatures and ratifications
of the Treaty and its Protocols.
IN WITNESS WHERE OF the undersigned, being duly authorised by their Governments, have signed this Treaty.
For the Government of Australia R.J.L. Hawke
For the Government of the Cook Islands T.R.A.H. Davis
For the Government of Fiji K.K.T. Mara
For the Government of Kiribati I. Tabai
For the Government of New Zealand D. Lange
For the Government of Niue R.R. Rex
For the Government of Tuvalu T. Puapua
For the Government of Western Samoa Tofilau Eti
DONE at Rarotonga, this Sixth day of August, One thousand nine hundred and eighty five, in a single original in the English language.
ANNEX 1
SOUTH PACIFIC NUCLEAR FREE ZONE (MAP)
A. The area bounded by a line -
(1) commencing at the point of intersection of the Equator by the maritime boundary between Indonesia and Papua
New Guinea;
(2) running thence northerly along that maritime boundary to its intersection by the outer limit of the Exclusive
Economic Zone of Papua New Guinea;
(3) thence generally north-easterly, easterly and south-easterly along that outer limit to its intersection by
the Equator;
(4) thence east along the Equator to its intersection by the meridian of Longitude 163 degrees East;
(5) thence north along that meridian to its intersection by the parallel of Latitude 3 degrees North;
(6) thence east along that parallel to its intersection by the meridian of Longitude 171 degrees East;
(7) thence north along that meridian to its intersection by the parallel of Latitude 4 degrees North;
(8) thence east along that parallel to its intersection by the meridian of Longitude 180 degrees East;
(9) thence south along that meridian to its intersection by the Equator;
(10) thence east along the Equator to its intersection by the meridian of Longitude 165 degrees West;
(11) thence north along that meridian to its intersection by the parallel of Latitude 5 degrees 30 minutes North;
(12) thence east along that parallel to its intersection by the meridian of Longitude 154 degrees West;
(13) thence south along that meridian to its intersection by the Equator;
(14) thence east along the Equator to its intersection by the meridian of Longitude 115 degrees West;
(15) thence south along that meridian to its intersection by the parallel of Latitude 60 degrees South;
(16) thence west along that parallel to its intersection by the meridian of Longitude 115 degrees East;
(17) thence north along that meridian to its southernmost intersection by the outer limit of the territorial sea
of Australia;
(18) thence generally northerly and easterly along the outer limit of the territorial sea of Australia to its intersection
by the meridian of Longitude 136 degrees 45 minutes East;
(19) thence north-easterly along the geodesic to the point of Latitude 10 degrees 50 minutes South, Longitude 139
degrees 12 minutes East;
(20) thence north-easterly along the maritime boundary between Indonesia and Papua New Guinea to where it joins
the land border between those two countries;
(21) thence generally northerly along that land border to where it joins the maritime boundary between Indonesia
and Papua New Guinea, on the northern coastline of Papua New Guinea; and
(22) thence generally northerly along that boundary to the point of commencement.
B. The areas within the outer limits of the territorial seas of all Australian islands lying westward of the area
described in paragraph A and north of Latitude 60 degrees South, provided that any such areas shall cease to be
part of the South Pacific Nuclear Free Zone upon receipt by the depositary of written notice from the Government
of Australia stating that the areas have become subject to another treaty having an object and purpose substantially
the same as that of this Treaty.
1. The safeguards referred to in Article 8 shall in respect of each Party be applied by the IAEA as set forth
in an agreement negotiated and concluded with the IAEA on all source or special fissionable material in all peaceful
nuclear activities within the territory of the Party, under its jurisdiction or carried out under its control anywhere.
2. The agreement referred to in paragraph 1 shall be, or shall be equivalent in its scope and effect to, an agreement
required in connection with the NPT on the basis of the material reproduced in document INFCIRC/153 (Corrected)
of the IAEA. Each Party shall take all appropriate steps to ensure that such an agreement is in force for it not
later than eighteen months after the date of entry into force for that Party of this Treaty.
3. For the purposes of this Treaty, the safeguards referred to in paragraph 1 shall have as their purpose the verification
of the non-diversion of nuclear material from peaceful nuclear activities to nuclear explosive devices.
4. Each Party agrees upon the request of any other Party to transmit to that Party and to the Director for the
information of all Parties a copy of the overall conclusions of the most recent report by the IAEA on its inspection
activities in the territory of the Party concerned, and to advise the Director promptly of any subsequent findings
of the Board of Governors of the IAEA in relation to those conclusions for the information of all Parties.
ANNEX 3
CONSULTATIVE COMMITTEE
1. There is hereby established a Consultative Committee which shall be convened by the Director from time to
time pursuant to Articles 10 and 11 and Annex 4 (2). The Consultative Committee shall be constituted of representatives
of the Parties, each Party being entitled to appoint one representative who may be accompanied by advisers. Unless
otherwise agreed, the Consultative Committee shall be chaired at any given meeting by the representative of the
Party which last hosted the meeting of Heads of Government of Members of the South Pacific Forum. A quorum shall
be constituted by representatives of half the Parties. Subject to the provisions of Article 11, decisions of the
Consultative Committee shall be taken by consensus or, failing consensus, by a two-thirds majority of those present
and voting. The Consultative Committee shall adopt such other rules of procedure as it sees fit.
2. The costs of the Consultative Committee, including the costs of special inspections pursuant to Annex 4, shall
be borne by the South Pacific Bureau for Economic Co-operation. It may seek special funding should this be required.
1. A Party which considers that there are grounds for a complaint that another Party is in breach of its obligations
under this Treaty shall, before bringing such a complaint to the Director, bring the subject matter of the complaint
to the attention of the Party complained of and shall allow the latter reasonable opportunity to provide it with
an explanation and to resolve the matter.
2. If the matter is not so resolved, the complainant Party may bring the complaint to the Director with a request
that the Consultative Committee be convened to consider it. Complaints shall be supported by an account of evidence
of breach of obligations known to the complainant Party. Upon receipt of a complaint the Director shall convene
the Consultative Committee as quickly as possible to consider it.
3. The Consultative Committee, taking account of efforts made under paragraph 1, shall afford the Party complained
of a reasonable opportunity to provide it with an explanation of the matter.
4. If, after considering any explanation given to it by the representatives of the Party complained of, the Consultative
Committee decides that there is sufficient substance in the complaint to warrant a special inspection in the territory
of that Party or elsewhere, the Consultative Committee shall direct that such special inspection be made as quickly
as possible by a special inspection team of three suitably qualified special inspectors appointed by the Consultative
Committee in consultation with the complained of and complainant Parties, provided that no national of either Party
shall serve on the special inspection team. If so requested by the Party complained of, the special inspection
team shall be accompanied by representatives of that Party. Neither the right of consultation on the appointment
of special inspectors, nor the right to accompany special inspectors, shall delay the work of the special inspection
team.
5. In making a special inspection, special inspectors shall be subject to the direction only of the Consultative
Committee and shall comply with such directives concerning tasks, objectives, confidentiality and procedures as
may be decided upon by it. Directives shall take account of the legitimate interests of the Party complained of
in complying with its other international obligations and commitments and shall not duplicate safeguards procedures
to be undertaken by the IAEA pursuant to agreements referred to in Annex 2 (1). The special inspectors shall discharge
their duties with due respect for the laws of the Party complained of.
6. Each Party shall give to special inspectors full and free access to all information and places within its territory
which may be relevant to enable the special inspectors to implement the directives given to them by the Consultative
Committee.
7. The Party complained of shall take all appropriate steps to facilitate the special inspection, and shall grant
to special inspectors privileges and immunities necessary for the performance of their functions, including inviolability
for all papers and documents and immunity from arrest, detention and legal process for acts done and words spoken
and written, for the purpose of the special inspection.
8. The special inspectors shall report in writing as quickly as possible to the Consultative Committee, outlining
their activities, setting out relevant facts and information as ascertained by them, with supporting evidence and
documentation as appropriate, and stating their conclusions. The Consultative Committee shall report fully to all
Members of the South Pacific Forum, giving its decision as to whether the Party complained of is in breach of its
obligations under this Treaty.
9. If the Consultative Committee has decided that the Party complained of is in breach of its obligations under
this Treaty, or that the above provisions have not been complied with, or at any time at the request of either
the complainant or complained of Party, the Parties shall meet promptly at a meeting of the South Pacific Forum.
The Parties to this Protocol Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have Agreed as follows:
ARTICLE 1
Each Party undertakes to apply, in respect of the territories for which it is internationally responsible situated
within the South Pacific Nuclear Free Zone, the prohibitions contained in Articles 3, 5 and 6, insofar as they
related to the manufacture, stationing and testing of any nuclear explosive device within those territories, and
the safeguards specified in Article 8(2)(c) and Annex 2 of the Treaty.
ARTICLE 2
Each Party may, by written notification to the depositary, indicate its acceptance from the date of such notification
of any alteration to its obligation under this Protocol brought about by the entry into force of an amendment to
the Treaty pursuant to Article 11 of the Treaty.
ARTICLE 3
This Protocol shall be open for signature by the French Republic, the United Kingdom of Great Britain and Northern
Ireland, and the United States of America.
ARTICLE 4
This Protocol shall be subject to ratification.
ARTICLE 5
This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party shall,
in exercising its national sovereignty, have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardised its Supreme interests. It shall give notice
of such withdrawal to the depositary three months in advance. Such notice shall include a statement of the extraordinary
events it regards as having jeopardised its supreme interests.
ARTICLE 6
This Protocol shall enter into force for each State on the date of its deposit with the depositary of its instrument
of ratification
IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this Protocol.
DONE at SUVA, this Eighth day of August, One thousand nine hundred and eighty-six, in a single original
in the English language.
For the French Republic
For the United Kingdom of Great Britain and Northern Ireland
For the United States of America
The Parties to this Protocol Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have Agreed as follows:
ARTICLE 1
Each Party undertakes not to use or threaten to use any nuclear explosive device against:
a) Parties to the Treaty; or
b) any territory within the South Pacific Nuclear Free Zone for which a State that has become a Party to Protocol
1 is internationally responsible.
ARTICLE 2
Each Party undertakes not to contribute to any act of a Party to the Treaty which constitutes a violation of the
Treaty, or to any act of another Party to a Protocol which constitutes a violation of a Protocol.
ARTICLE 3
Each Party may, by written notification to the depositary, indicate its acceptance from the date of such notification
of any alteration to its obligation under this Protocol brought about by the entry into force of an amendment to
the Treaty pursuant to Article 11 of the Treaty or by the extension of the South Pacific Nuclear Free Zone pursuant
to Article 12(3) of the Treaty.
ARTICLE 4
This Protocol shall be open for signature by the French Republic, the People's Republic of China, the Union of
Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America.
ARTICLE 5
This Protocol shall be subject to ratification.
ARTICLE 6
This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party shall,
in exercising its national sovereignty, have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardised its supreme interests. It shall give notice
of such withdrawal to the depositary three months in advance. Such notice shall include a statement of the extraordinary
events it regards as having jeopardised its supreme interests.
ARTICLE 7
This Protocol shall give enter into force for each State on the date of its deposit with the depositary of its
instrument of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this Protocol.
DONE at SUVA, this Eighth day of August, One thousand nine hundred and eighty-six, in a single original
in the English language.
For the People's Republic of China
For the French Republic
For the United Kingdom of Great Britain and Northern Ireland
For the Union of Soviet Socialist Republics
For the United States of America
The Parties to this Protocol
Noting the South Pacific Nuclear Free Zone Treaty (the Treaty)
Have Agreed as follows:
ARTICLE 1
Each Party undertakes not to test any nuclear explosive device anywhere within the South Pacific Nuclear Free Zone.
ARTICLE 2
Each Party may, by written notification to the depositary, indicate its acceptance from the date of such notification
of any alteration to its obligation under this Protocol brought about by the entry into force of an amendment to
the Treaty pursuant to Article 11 of the Treaty or by the extension of the South Pacific Nuclear Free Zone pursuant
to Article 12(3) of the Treaty.
ARTICLE 3
This Protocol shall be open for signature by the French Republic, the People's Republic of China, the Union of
Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America.
ARTICLE 4
This Protocol shall be subject to ratification.
ARTICLE 5
This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party shall,
in exercising its national sovereignty, have the right to withdraw from this Protocol if it decides that extraordinary
events, related to the subject matter of this Protocol, have jeopardised its supreme interests. It shall give notice
of such withdrawal to the depositary three months in advance. Such notice shall include a statement of the extraordinary
events it regards as having jeopardised its supreme interests.
ARTICLE 6
This Protocol shall enter into force for each State, on the date of its deposit with the depositary of its instrument
of ratification.
IN WITNESS WHEREOF the undersigned, being duly authorised by their Governments, have signed this Protocol.
DONE at SUVA this Eighth day of August, One thousand nine hundred and eighty-six, in
a single original in the English language.
For the People's Republic of China
For the French Republic
For the United Kingdom of Great Britain and Northern Ireland
For the Union of Soviet Socialist Republics
For the United States of America
