African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty)

African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) African Commission on Nuclear Energy (AFCONE) مراد التلمیني Mourad Telmini Professor of Atomic Physics Faculty of Science of Tunis AFCONE Vice-Chair (2011-2014) 1

Outline The Pelindaba Treaty Obligations of the States Parties African Commission on Nuclear Energy (AFCONE) AFCONE activities (2011-2014) 2

The Pelindaba Treaty July 1964 (Cairo) : The Organization of African Unity (OAU) adopted the Declaration on Denuclearization of Africa. April 1996 (Cairo): The the African Nuclear Weapon-Free Zone Treaty (Pelindaba Treaty) was adopted and opened for signature. July 2009 : Entrance into force of the Treaty (after ratification of the 28 th state party) November 2010 : First Conference of states parties (CSP) May 2011 : First Ordinary session of the African Commission on Nuclear Energy (AFCONE) 3

The Pelindaba Treaty As for 02 March 2015: Morocco and all 53 Member States of the African Union (AU) signed the Treaty. 38 countries had deposited their instruments of ratification with the AU commission. 16 signed the Treaty (ratification pending) 1 non-signatory state : South Sudan 4

Map of the Treaty The Nuclear-Weapon-Free Zone in Africa (NWFZA) covers all the African continent and the following islands: African Island states : Mauritius (including Rodrigues, Agalega and Chagos Archipelago-Diego Garcia) Cape Verde Madagascar Comoros Seychelles; Sao Tome and Principe Islands belonging to African continental states Prince Edward Islands (South Africa) The archipelago of Zanzibar ( Tanzania). Islands belonging to non-african states Canary Islands (Spain) Atoll Bassas da India, Europa, Juan de Nova, Mayotte, Reunion and Tromelin (France) The official map was updated Nov 2013 (Updated with Democratic Republic of Congo and Republic of South Sudan) 5

Other NWFZs Treaty Region Land area (km 2 ) States In force Antarctic Antarctica 14,000,000 1961-06-23 Space Tlatelolco Outer Space Latin American Caribbean 1967-10-10 21,069,501 33 1969-04-25 Seabed Seabed 1972-05-18 Rarotonga South Pacific 9,008,458 13 1986-12-11 Bangkok ASEAN 4,465,501 10 1997-03-28 MNWFS Mongolia 1,564,116 1 2000-02-28 CANWFZ Central Asia 4,003,451 5 2009-03-21 Pelindaba Africa 30,221,532 53 2009-07-15 Total: 84,000,000 116 6

The Pelindaba Treaty The Treaty contains 22 articles, 3 annexes and 3 protocols. 9 articles concern states parties obligations : Article 3, renunciation of nuclear explosive devices, Article 4, prevention of stationing of nuclear explosive devices, Article 5, prohibition of testing of nuclear explosive devices, Article 6, declaration, dismantling, destruction or conversion of nuclear explosive devices and the facilities for their manufacture, Article 7, prohibition of dumping of radioactive wastes, Article 8, peaceful nuclear activities, Article 9, verification of Peaceful Uses, Article 10, physical protection of nuclear materials and facilities, Article 11, prohibition of armed attack on nuclear installations. 7

Article 12 : AFCONE Mechanism for compliance: 1. For the purpose of ensuring compliance with their undertakings under this Treaty, the Parties agree to establish the African Commission on Nuclear Energy (hereafter referred to as the Commission) as set out in annex III. 2. The Commission shall be responsible inter alia for: (a) Collating the reports and the exchange of information as provided for in article 13; (b) Arranging consultations as provided for in annex IV, as well as convening conferences of Parties on the concurrence of simple majority of State Parties on any matter arising from the implementation of the Treaty; (c) Reviewing the application to peaceful nuclear activities of safeguards by IAEA as elaborated in annex II; (d) Bringing into effect the complaints procedure elaborated in annex IV; (e) Encouraging regional and subregional programmes for cooperation in the peaceful uses of nuclear science and technology; (f) Promoting international cooperation with extra-zonal States for the peaceful uses of nuclear science and technology. 8

Article 13 : Reporting Report and exchanges of information 1. Each Party shall submit an annual report to the Commission on its nuclear activities as well as other matters relating to the Treaty, in accordance with the format for reporting to be developed by the Commission. 2. Each Party shall promptly report to the Commission any significant event affecting the implementation of the Treaty. 3. The Commission shall request the IAEA to provide it with an annual report on the activities of AFRA. 9

Treaty protocols The Treaty has three Protocols; The first two commit States parties not to use or threaten to use a nuclear device against any territory within the African Nuclear- Weapon-Free Zone, as well as not to undertake, assist or encourage the testing of any nuclear explosive device anywhere within the Zone. These two Protocols are open for signature by the five recognized nuclear-weapon States. The third Protocol, which is open for signature by France and Spain, concerns the territories for which they are de jure or de facto internationally responsible, and which are situated within the Zone. The Protocol commits them not to contribute to any act that constitutes a violation of the Treaty. 10

Treaty protocols Signature: France signed Protocols I, II and III of the Treaty of Pelindaba. The United Kingdom, China, the United States of America and The Russian Federation signed only Protocols I and II. Ratification France has ratified Protocols I, II and III. China, the United Kingdom and the Russian Federation have ratified Protocols I and II. Spain has neither signed nor ratified Protocol III of the Treaty. 11

ANNEX III : African Commission on Nuclear Energy 1. The Commission established in article 12 shall be composed of twelve Members elected by Parties to the Treaty for a three-year period, bearing in mind the need for equitable geographical distribution as well as to include Members with advanced nuclear programmes. Each Member shall have one representative nominated with particular regard for his/her expertise in the subject of the Treaty. 12

ANNEX III : African Commission on Nuclear Energy 2. The Commission shall have a Bureau consisting of the Chairman, the Vice-Chairman and the Executive Secretary. it shall elect its Chairman and Vice-Chairman. The Secretary- General of the organization of African Unity, at the request of Parties to the Treaty and in consultation with the chairman, shall designate the Executive Secretary of the Commission. For the first meeting a quorum shall be constituted by representatives of two thirds of the Members of the Commission. For that meeting decisions of the Commission shall be taken as far as possible by consensus or otherwise by a two-thirds majority of the Members of the commission. The Commission shall adopt its rules of procedure at that meeting. 13

ANNEX III : African Commission on Nuclear Energy 3. The Commission shall develop a format for reporting by States as required under articles 12 and 13.4. (a) The budget of the Commission, including the costs of inspections pursuant to annex IV to this Treaty, shall be borne by the Parties to the Treaty in accordance with a scale of assessment to be determined by the Parties; (b) The Commission may also accept additional funds from other sources provided such donations are consistent with the purposes and objectives of the Treaty 14

Conference of States Parties (CSP) and AFCONE Ordinary sessions Date Venue 1 st CSP 4 November 2010 Addis Ababa 2 nd CSP 12-13 November 2012 Addis Ababa 3 rd CSP 29-30 May 2014 Addis Ababa Date Venue 1 st session 4 May 2011 Addis Ababa 2 nd session 26 July 2012 Addis Ababa 3 rd session 11-15 November 2013 Pretoria / Cape Town 4 th session 27 May 2014 Addis Ababa 15

1st CSP (November 2010) The First Conference of State Parties to the African Nuclear-Weapon-Free Zone Treaty (Treaty of Pelindaba) took place at the African Union (AU) Headquarters, in Addis Ababa, on 4 November 2010. The Conference was held in accordance with Articles 12 and 14 of the Treaty of Pelindaba. In particular, Article 14 stipulates that "a Conference of all Parties to the Treaty shall be convened by the Depositary (the AU Commission) as soon as possible after the entry into force of the Treaty to, inter alia, elect members of the African Commission on Nuclear Energy and determine its headquarters". The following AU Member States Parties to the Treaty of Pelindaba, participated in the Conference: Algeria, Botswana, Burkina Faso, Burundi, Cameroon, CBte d'lvoire, Equatorial Guinea, Ethiopia, Gabon, The Gambia, Kenya, Lesotho, Libya, Malawi, Mali, Mauritania, Mauritius, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Swaziland,Tanzania, Togo, Tunisia, Zambia and Zimbabwe. Other AU Member States, not Parties to the Treaty, also participated in the Conference as observers, namely the Republic of Congo, Djibouti, Egypt, Ghana, Namibia, the Sahrawi Arab Democratic Republic, Sudan and Uganda. 16

1st CSP (November 2010) The Conference also discussed specific issues pertaining to the operationalization of the Treaty of Pelindaba, and agreed as follows: a) on the structure of ACNE, the Conference took note of the proposals made by the AU Commission and the observations by Member States during its deliberations. It requested ACNE to work closely with the AU Commission to finalize the proposed structure in light of its envisaged activities and the requirements for the effective functioning of the ACNE, for submission to the next Conference of State Parties; b) on the scale of assessment for the budget of ACNE, the Conference agreed to determine it at the next meeting of States Parties; c) on the budget, the Conference requested ACNE to work with the AU Commission to submit a more precise and exhaustive budget based on the proposed programme of activities. In the meantime, the Conference appealed to the State Parties to the Treaty of Pelindaba to make voluntary contributions for the functioning of ACNE, pending the adoption of a budget and a scale of assessment. 17

1st CSP (November 2010) Without prejudice to the relevant provisions of Annex Ill of the Treaty of Pelindaba, the Conference elected the following countries as members of ACNE: Algeria, Burkina Faso, Cameroon, Ethiopia, Kenya, Libya, Mali, Mauritius, Senegal, South Africa, Togo and Tunisia. The Conference endorsed the decision to establish the Headquarters of ACNE in South Africa. The Conference requested the countries that have been elected to be members of ACNE to communicate the names of their respective representatives within a period of two weeks period, bearing in mind that they should possess the necessary qualifications and expertise. The ACNE should meet within two months to finalize its structure and budget, as well as workout its initial programme of activities. The Conference requested the Chairperson of the African Union Commission to appoint the Executive Secretary of ACNE, as soon as possible, in accordance with paragraph 2 of Annex Ill of the Treaty of Pelindaba. 18

African Commission on Nuclear Energy (AFCONE) members Messaoud Baaliouamer (Algeria), Badiori Ouattara (Burkina Faso), Augustin Simo (Cameroon), Atnatiwos Z. Meshesha (Ethiopia ), Shaukat Abdulrazak (Kenya), Bulgacem H. A. El-Fawaris (Libya), Tezana Coulibaly (Mali), Anund P. Neewor (Mauritius), Christian S. Diatta (Senegal), Abdul S. Minty (South Africa), Manzi Padilatan (Togo), Mourad Telmini (Tunisia) 19

AFCONE 1 st ordinary session (May 2011) The Session was opened by the Commissioner for Peace and Security of the African Union Commission, Ambassador Ramtane Lamamra. He underscored the importance of the Session, especially in electing its Chairperson and Vice Chairperson, and pledged the cooperation of the AU Commission in supporting the activities of AFCONE On the scale of assessment, the Session agreed to adopt the scale of assessment of the African Union for 2011-2013 adopted by the Seventeenth Ordinary Session of the Executive Council, held in Kampala, Uganda, on 25 July 2010. The Session adopted the acronym (AFCONE) for the African Commission on Nuclear Energy and agreed that the acronym will be used for all of the four African Union official languages. 20

AFCONE 1 st ordinary session (May 2011) Regarding the Bureau of the AFCONE, provided for in Annex Ill, paragraph 2 to the Treaty, and which should consist of the Chairperson, Vice Chairperson and the Executive Secretary, the Session decided that the position of Executive Secretary should be filled through a competitive process administered by the AU Commission and conducted in compliance with its rules and regulations. On the positions of Chairperson and Vice Chairperson, the Session unanimously elected Mr. Abdul Samad Minty of South Africa and Mr. Mourad Telmini of Tunisia as Chairperson and Vice-Chairperson of AFCONE respectively. 21

2 nd CSP (November 2012) Amb. Ramtane Lamamra Mr El-Ghassim Wane and Mr Tarek Sharif (AU Peace and Security Department) 22

2 nd CSP November 2012 (conclusions) The meeting was officially opened by Ambassador Ramtane Lamamra, AU Commissioner for Peace and Security, and Ambassador Abdul Samad Minty, Chairperson of AFCONE. The opening ceremony featured statements by Mr Yukiya Amano, Director- General of the IAEA; Professor Shaukat Abdulrazak, Chairperson of AFRA, Dr Augustin Simo, Chairperson of the FNRBA; Mr Bernardo Ribeiro, the representative of the Executive Secretary of the Preparatory Commission for the CTBTO; and Lisa Filipetto, Ambassador of Australia to the AU, on behalf of Mrr Peter Woolcott, Chair of the First Session of the Preparatory Committee for the 2015 Non-Proliferation Treaty (IUPT) Review 23

2 nd CSP November 2012 (conclusions) The CSP looks forward to the appointment of the Executive Secretary of AFCONE following the consultations expected between the Chairperson of the AU Commission and the Chairperson of AFCONE. In this regard, the CSP welcomed the progress made by the AU Commission in the selection process. The CSP considered and adopted, as amended, the documents relating to the structure of AFCONE, its programme of work, budget and scale of assessment. The CSP also took note of the Rules of Procedure of AFCONE and the Terms of Reference of the Executive Secretary of the AFCONE Secretariat. The AU Commission will avail the adopted documents to the State Parties, in consultation with the Chairperson of AFCONE, by 7 December 2012. 24

AFCONE 2 nd ordinary session July 2012 (conclusions) Documents previously discussed, namely: the rules of procedure, structure and policy organs, programme of work, terms of reference of the Executive Secretary, budget and scale of assessment, adopted. These documents will be subsequently presented to the Second Conference of States Parties to the Treaty for final endorsement; Operational measures and timelines for the activation of the office of AFCONE, were discussed and agreed. These include: The setting up and staffing of the headquarters of AFCONE in accordance with minimum requirements and in light of the preparations made by the Government of the Republic of South Africa. Steps that will be taken to promote and ensure the timely payment of contributions by States Parties. 25

3rd AFCONE ordinary session (November 2013) The Ordinary Session endorsed the establishment and membership of two AFCONE working groups for the implementation of the relevant aspects of the guidelines for the programme of work of AFCONE. Group One (1) was assigned to address the topics: (a) Monitoring States Parties' compliance with their non-proliferation obligations; (b) Nuclear and Radiation Safety and Security. The Ordinary Session endorsed the proposal to designate Mr. Messaoud Baaliouamer as group leader. Group Two (2) was assigned to address topics: (c) Nuclear Sciences and Applications; (d) Partnerships and Technical Cooperation. The Ordinary Session further endorsed the proposal to designate Professor Shaukat Abdulrazak as group leader. 26

3rd AFCONE session (July 2013) The Ordinary Session further considered the draft national reporting template and the draft guide for States Parties for reporting under Article 13 of the Treaty. It was agreed that further efforts and consultations will be undertaken in order to finalize the reporting template in due course to ensure the timely reporting by States Parties. The Ordinary Session endorsed the proposal for the convening of the 3rd CSP in May 2014, which marks the completion of the AFCONE Commissioners' three-year mandate and with a view of ensuring the continuity of the programme of work of AFCONE. In this regard, the Ordinary Session agreed that AFCONE should convene twice before the 3rd CSP to review and assess the implementation of the Working Group's action plans and finalize the reports to the 3rd CSP. 27

Regional Workshop on Elaboration by the State Parties to the Pelindaba Treaty of the Initial National Annual Reports Planned to be held in Addis Ababa (Ethiopia) 26-28 February 2014 OBJECTIVES OF THE WORKSHOP : Given that this will be the First National Reports to be elaborated by the State Parties, the workshop will target the facilitation of the completion, as requested as possible according to the template already prepared by AFCONE and circulated to the State Parties, this mandatory document, in view to facilitate to the State Parties the update process during the following years. This 03 days training workshop aims to offer participants, designated by their countries as Focal Points for the Preparation of the Initial Annual Report to AFCONE, according to the Art 13 of the Pelindaba Treaty, with an overview of the Treaty and its Provisions. The focus will be to train on how to complete the Initial Annual Report to AFCONE according to the Format submitted to the State Parties. This workshop was cancelled because of lack of budget. 28

4 th AFCONE ordinary session (May 2014) The fourth ordinary session of the Commission was held in Addis Ababa on 27 May 2014 to gain an overview of the progress made in implementation of the programme of work and finalize the Commission s report for submission to the subsequent Third Conference of States Parties. 29

3 rd CSP (May 2014) The Third Conference of States Parties took note of the tentative road map developed by the Commission for the period 2014-2016, which will, inter allia, work towards ensuring the appointment of national focal points by States parties, strengthening cooperation with regional and international organizations, and consideration of the establishment of regional verification systems and securing the appropriate resources, including human resources development and infrastructure. 30

3 rd CSP (May 2014) With regard to the membership of the Commission, the Third Conference of States Parties elected, in line with the relevant provisions of annex III to the Treaty of Pelindaba, the following States parties as members of the Commission for a three year term: Algeria, Cameroon, Ethiopia, Kenya, Libya, Mali, Mauritius, Senegal, South Africa, Togo, Tunisia and Zimbabwe. The fifth ordinary session of the Commission is expected to be held once all elected members designate their Commissioners. 31

Forum of National Regulatory Bodies in Africa (FNRBA) AFCONE could play a useful role to facilitate the implementation by African States of the relevant legally binding instruments and codes of conduct on nuclear safety and security, and have in place their respective nuclear safety and security infrastructures. The Forum of Nuclear Regulatory Bodies in Africa is the key partner of AFCONE in this regard, and closer co-operation with this Forum is a priority. 5th FNRBA Plenary Meeting, Hammamet Tunisia 21-23 may 2013 (AFCONE represented by Vice-Chair) The chair of FNRBA Mr Augustin Simo proposed a MoU to AFCONE (pending) 32

AFRA An important aspect of the work of AFCONE is to promote nuclear sciences and applications. In this regard, the African Regional Cooperative Agreement for Research, Development and Training related to Nuclear Science and Technology (AFRA), already makes a valuable contribution towards enlarging the contribution of nuclear energy towards the development of our Continent No MoU, because AFRA is explicitly mentioned in the Treaty, but coordination is needed to avoid duplication. 23rd Meeting of ARFA represenatives, 20 Sep 2012 IAEA. Left to right : S. Dardour (Outgoing chair), S. Abdulrazak (Incoming chair), M. Telmini (AFCONE) 33

Pending issues Appointment of the Executive secretary : The position of Executive Secretary for the AFCONE has been published on the AU website: http://www.au.int/en/dahrd/vacancies; The closing date for this position is 11 July 2011. Shortlisted candidates interviewed by AU recruitment unit. The decision to be made by the AU Commission. Headquarters in Pretoria (South Africa) Host country agreement with AU Final decision for the site Staffing, etc. Budget : Contributions of members states Others ressources. AFCONE is grateful to AU for steady support during this first term. Special thanks to Peace and Security Department. 34

Thank you شكرا 35