Database
on Basic Documents of Japan-ASEAN Relations
Department of
Advanced Social and International Studies,
Treaty on the
The States Parties to this Treaty:
DESIRING to contribute to the realization of the purposes and principles
of the Charter of the United Nations;
DETERMINED to take concrete action which will contribute
to the progress towards general and complete disarmament of nuclear weapons,
and to the promotion of international peace and security;
REAFFIRMING the desire of the Southeast Asian States to maintain peace
and stability in the region in the spirit of peaceful coexistence and mutual
understanding and cooperation as enunciated in various communiques,
declarations and other legal instruments;
RECALLING the Declaration on the Zone of Peace, Freedom and Neutrality
(ZOPFAN) signed in Kuala Lumpur on 27 November 1971 and the Programme
of Action on ZOPFAN adopted at the 26th ASEAN Ministerial Meeting in
CONVINCED that the establishment of a Southeast Asia Nuclear Weapon-Free
Zone, as an essential component of the ZOPPAN, will contribute towards
strengthening the security of States within the Zone and towards enhancing
international peace and security as a whole;
REAFFIRMING the importance of the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) in preventing the proliferation of nuclear weapons and in
contributing towards international peace and security;
RECALLING Article VII of the NPT which recognizes 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;
RECALLING the Final Document of the Tenth Special Session of the United
Nations General Assembly which encourages the establishment of nuclear
weapon-free zones;
RECALLING the Principles and Objectives for Nuclear Non-Proliferation and
Disarmament, adopted at the 1995 Review and Extension Conference of the Parties
to the NPT, that the cooperation of all the nuclear-weapon States and their
respect and support for the relevant protocols is important for the maximum
effectiveness of this nuclear weapon-free zone treaty and its relevant
protocols.
DETERMINED to protect the region from environmental pollution and the
hazards posed by radioactive wastes and other radioactive material;
HAVE AGREED as follows :
Article
1
USE OF TERMS
For the purposes of this Treaty and its Protocol :
(a) "Southeast Asia Nuclear Weapon-Free Zone", hereinafter
referred to as the "Zone", means the area comprising the territories
of all States in Southeast Asia, namely, Brunei Darussalam, Cambodia,
Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and
Vietnam, and their respective continental shelves and Exclusive Economic Zones
(EEZ);
(b) "territory" means the land
territory, internal waters, territorial sea, archipelagic waters, the seabed
and the sub-soil thereof and the airspace above them;
(c) "nuclear weapon" means any
explosive device capable of releasing nuclear energy in an uncontrolled manner
but does not include the means of transport or delivery of such device if
separable from and not an indivisible part thereof;
(d) "station" means to deploy,
emplace, implant, install, stockpile or store;
(e) "radioactive material" means
material that contains radionuclides above clearance
or exemption levels recommended by the International Atomic Energy Agency
(IAEA);
(f) "radioactive wastes" means material that contains or is
contaminated with radionuclides at concentrations or
activities greater than clearance levels recommended by the IAEA and for which
no use is foreseen; and
(g) "dumping" means
(i) any deliberate disposal at sea, including
seabed and subsoil insertion, of radioactive wastes or other matter from
vessels, aircraft, platforms or other man-made structures at sea, and
(ii) any deliberate disposal at sea, including seabed and subsoil
insertion, of vessels, aircraft, platforms or other man-made structures at sea,
containing radioactive material,
but does not include the disposal of wastes or other matter incidental
to, or derived from the normal operations of vessels, aircraft, platforms or
other man-made structures at sea and their equipment, other than wastes or
other matter transported by or to vessels, aircraft, platforms or other
man-made structures at sea, operating for the purpose of disposal of such
matter or derived from the treatment of such wastes or other matter on such
vessels, aircraft, platforms or structures.
Article
2
APPLICATION OF THE TREATY
1. This Treaty and its Protocol shall apply to the territories,
continental selves, and EEZ of the States Parties within the Zone in which the
Treaty is in force.
2. Nothing in this Treaty shall prejudice the rights or the exercise of
these rights by any State under the provisions of the United Nations Convention
on the Law of the Sea of 1982, in particular with regard to freedom of the high
seas, rights of innocent passage, archipelagic sea lanes passage or transit
passage of ships and aircraft, and consistent with the Charter of the United
Nations.
Article 3
BASIC UNDERTAKINGS
1. Each State Party undertakes not to, anywhere inside or outside the Zone :
(a) develop, manufacture or otherwise acquire,
possess or have control over nuclear weapons;
(b) station or transport nuclear weapons by any
means; or
(c) test or use nuclear weapons.
2. Each State Party also undertakes not to allow, in its territory, any
other State to:
(a) develop, manufacture or otherwise acquire,
possess or have control over nuclear weapons;
(b) station nuclear weapons; or
(c) test or use nuclear weapons.
3. Each State Party also undertake not to:
(a) dump at sea or discharge into the atmosphere
anywhere within the Zone any radioactive material or wastes;
(b) dispose radioactive material or wastes on land in the territory of or
under the jurisdiction of other States except as stipulated in Paragraph 2 (e)
of Article 4; or
(c) allow, within its territory, any other State
to dump at sea or discharge into the atmosphere any radioactive material or
wastes.
4. Each State Party undertakes not to :
(a) seek or receive any assistance in the
Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3
of this Article; or
(b) take any action to assist or encourage the
Commission of any act in violation of the provisions of Paragraphs 1, 2 and 3
of this Article.
Article
4
USE OF NUCLEAR ENERGY FOR PEACEFUL PURPOSES
1. Nothing in this Treaty shall prejudice the right of the States Parties
to use nuclear energy, in particular for their economic development and social
progress.
2. Each State Party therefore undertakes:
(a) to use exclusively for peaceful purposes
nuclear material and facilities which are within its territory and areas under
its jurisdiction and control;
(b) prior to embarking on its peaceful nuclear energy programme,
to subject its programme to rigorous nuclear safety
assessment conforming to guidelines and standards recommended by the IAEA for
the protection of health and minimization of danger to life and property in
accordance with Paragraph 6 of Article III of the Statute of the IAEA;
(c) upon request, to make available to another State Party the assessment
except information relating to personal data, information protected by
intellectual property rights or by industrial or commercial confidentiality,
and information relating to national security;
(d) to support the continued effectiveness of the international
non-proliferation system based on the Treaty on the Non-Proliferation of
Nuclear Weapons (NPT) and the IAEA safeguard system; and
(e) to dispose radioactive wastes and other
radioactive material in accordance with IAEA standards and procedures on land
within its territory or on land within the territory of another State which has
consented to such disposal.
3. Each State Party further undertakes 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 to :
(a) any non-nuclear-weapon State except under conditions subject to the
safeguards required by Paragraph 1 of Article III of the NPT; or
(b) any nuclear-weapon State except in
conformity with applicable safeguards agreements with the IAEA.
Article 5
IAEA SAFEGUARDS
Each State Party which has not done so shall conclude an agreement with
the IAEA for the application of full scope safeguards to its peaceful nuclear
activities not later than eighteen months after the entry into force for that
State Party of the Treaty.
Article 6
EARLY NOTIFICATION OF A NUCLEAR ACCIDENT
Each State Party which has not acceded to the Convention on Early
Notification of a Nuclear Accident shall endeavour to
do so.
Article 7
FOREIGN SHIPS AND AIRCRAFT
Each State Party, on being notified, may 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 through
its territorial sea or archipelagic waters and overflight
of foreign aircraft above those waters in a manner not governed by the rights
of innocent passage, archipelagic sea lanes passage or transit passage.
Article 8
ESTABLISHMENT OF THE COMMISSION FOR
THE
1. There is hereby established a Commission for the
2. All States Parties are ipso facto members or the Commission. Each
State Party shall be represented by its Foreign Minister or his representative
accompanied by alternates and advisers.
3. The function of the Commission shall be to oversee the implementation
of this Treaty and ensure compliance with its provisions.
4. The Commission shall meet as and when necessary in accordance with the
provisions of this Treaty including upon the request of any State Party. As far
as possible, the Commission shall meet in conjunction with the ASEAN
Ministerial Meeting.
5. At the beginning of each meeting, the Commission shall elect its
Chairman and such other officers as may be required. They shall hold office
until a new Chairman and other officers are elected at the next meeting.
6. Unless otherwise provided for in this Treaty, two-thirds of the
members of the Commission shall be present to constitute a quorum.
7. Each member of the Commission shall have one vote.
8. Except as provided for in this Treaty, decisions of the Commission
shall be taken by consensus or, failing consensus, by a two-thirds majority of
the members present and voting.
9. The Commission shall, by consensus, agree upon and adopt rules of
procedure for itself as well as financial rules governing its funding and that
of its subsidiary organs.
Article 9
THE EXECUTIVE COMMITTEE
1. There is hereby established, as a subsidiary organ of the Commission,
the Executive Committee.
2. The Executive Committee shall be composed of all States Parties to
this Treaty. Each State Party shall be represented by one senior official as
its representative, who may be accompanied by alternates and advisers.
3. The functions of the Executive Committee shall be to
:
(a) ensure the proper operation of verification
measures in accordance with the provisions on the control system as stipulated
in Article 10;
(b) consider and decide on requests for
clarification and for a fact-finding mission;
(c) set up a fact-finding mission in accordance
with the Annex of this Treaty;
(d) consider and decide on the findings of a
fact-finding mission and report to the Commission;
(e) request the Commission to convene a meeting
when appropriate and necessary;
(f) conclude such agreements with the IAEA or other international
organizations as referred to in Article 18 on behalf of the Commission after
being duly authorized to do so by the Commission; and
(g) carry out such other tasks as may, from time
to time, be assigned by the Commission.
4. The Executive Committee shall meet as and when necessary for the
efficient exercise of its functions. As far as possible, the Executive
Committee shall meet in conjunction with the ASEAN Senior Officials Meeting.
5. The Chairman of the Executive Committee shall be the representative of
the Chairman of the Commission. Any submission or communication made by a State
Party to the Chairman of the Executive Committee shall be disseminated to the
other members of the Executive Committee.
6. Two-thirds of the members of the Executive Committee shall be present
to constitute a quorum.
7. Each member of the Executive Committee shall have one vote.
8. Decisions of the Executive Committee shall be taken by consensus or,
failing consensus, by a two-thirds majority of the members present and voting.
Article 10
CONTROL SYSTEM
1. There is hereby established a control system for the purpose of
verifying compliance with the obligations of the States Parties under this
Treaty.
2. The Control System shall comprise:
(a) the IAEA safeguards system as provided for
in Article 5;
(b) report and exchange of information as
provided for in Article 11;
(c) request for clarification as provided for in
Article 12; and
(d) request and procedures for a fact-finding
mission as provided for in Article 13.
Article 11
REPORT
AND EXCHANGE OF INFORMATION
1. Each State Party shall submit reports to the Executive Committee on
any significant event within its territory and areas under its jurisdiction and
control affecting the implementation of this Treaty.
2. The States Parties may exchange information on matters arising under
or in relation to this Treaty.
Article 12
REQUEST FOR CLARIFICATION
1. Each State Party shall have the right to request another State Party
for clarification concerning any situation which may be considered ambiguous or
which may give rise to doubts about the compliance of that State Party with
this Treaty. It shall inform the Executive Committee of such a request. The
requested State Party shall duly respond by providing without delay the
necessary information and inform the Executive Committee of its reply to the
requesting State Party.
2. Each State Party shall have the right to request the Executive
Committee to seek clarification for another State Party concerning any
situation which may be considered ambiguous or which may give rise to doubts
about compliance of that State Party with this Treaty. Upon receipt of such a
request, the Executive Committee shall consult the State Party from which
clarification is sought for the purpose of obtaining the clarification
requested.
Article 13
REQUEST FOR A FACT-FINDING
A State Party shall have the right to request the Executive Committee to
send a fact-finding mission to another State Party in order to clarify and
resolve a situation which may be considered ambiguous or which may give rise to
doubts about compliance with the provisions of this Treaty, in accordance with the
procedure contained in the Annex to this Treaty.
Article 14
REMEDIAL MEASURES
1. In case the Executive Committee decide in accordance with the Annex
that there is a breach of this Treaty by a State Party, that State Party shall,
within a reasonable time, take all steps necessary to bring itself in full
compliance with this Treaty and shall promptly inform the Executive Committee
of the action taken or proposed to be taken by it.
2. Where a State Party fails or refuses to comply with the provisions of
Paragraph 1 of this Article, the Executive Committee shall request the
Commission to convene a meeting in accordance with the provisions of Paragraph
3(e) of Article 9.
3. At the meeting convened pursuant to Paragraph 2 of this Article, the
Commission shall consider the emergent situation and shall decide on any
measure it deems appropriate to cope with the situation, including the
submission of the matter to the IAEA and, where the situation might endanger
international peace and security, the Security Council and the General Assembly
of the United Nations.
4. In the event of breach of the Protocol attached to this Treaty by a
State Party to the Protocol, the Executive Committee shall convene a special
meeting of the Commission to decide on appropriate measures to be taken.
Article 15
SIGNATURE, RATIFICATION,
ACCESSION, DEPOSIT AND REGISTRATION
1. This Treaty shall be open for signature by all States in Southeast
Asia, namely, Brunei Darussalam,
2. This Treaty shall be subject to ratification in accordance with the
constitutional procedure of the signatory states. The instruments of
ratification shall be deposited with the Government of the
3. This Treaty shall be open for accession. The instruments of accession
shall be deposited with the
4. The Depositary State shall inform the other States Parties to this
Treaty on the deposit of instruments of ratification or accession.
5. The Depositary State shall register this Treaty and its Protocol
pursuant to Article 102 of the Charter of the United Nations.
Article 16
ENTRY INTO FORCE
1. This Treaty shall enter into force on the date of the deposit of the
seventh instrument of ratification and/or accession.
2. For States which ratify or accede to this Treaty after the date of the
seventh instrument of ratification or accession, this Treaty shall enter into
force on the date of deposit of its instrument of ratification or accession.
Article
17
RESERVATIONS
This Treaty shall not be subject to reservations.
Article 18
RELATIONS WITH OTHER INTERNATIONAL ORGANIZATIONS
The Commission may conclude such agreements with the IAEA or other
international organizations as it considers likely to facilitate the efficient
operation of the control system established by this Treaty.
Article 19
AMENDMENTS
1. Any State Party may propose amendments to this Treaty and its Protocol
and shall submit its proposals to the Executive Committee, which shall transmit
them to all the other States Parties. The Executive Committee shall immediately
request the Commission to convene a meeting to examine the proposed amendments.
The quorum required for such a meeting shall be all the members of the
Commission. Any amendment shall be adopted by a consensus decision of the
Commission.
2. Amendments adopted shall enter into force 30 days after the receipt by
the
Article 20
REVIEW
Ten years after this Treaty enters into force, a meeting of the
Commission shall be convened for the purpose of reviewing the operation of the
Treaty. A meeting of the Commission for the same purpose may also be convened
at anytime thereafter if there is consensus among all its members.
Article 21
SETTLEMENT OF DISPUTES
Any dispute arising from the interpretation of the provisions of this
Treaty shall be settled by peaceful means as may be agreed upon by the States
Parties to the dispute. If within one month, the parties to the dispute are
unable to achieve a peaceful settlement of the dispute by negotiation,
mediation, enquiry or conciliation, any of the parties concerned shall, with
the prior consent of the other parties concerned, refer the dispute to
arbitration or to the International Court of Justice.
Article 22
DURATION AND WITHDRAWAL
1. This Treaty shall remain in force indefinitely.
2. In the event of a breach by any State Party of this Treaty essential
to the achievement of the objectives of the Treaty, every other State Party
shall have the right to withdraw from the Treaty.
3. Withdrawal under Paragraph 2 of Article 22,
shall be effected by giving notice twelve months in advance to the members of
the Commission.
IN WITNESS WHEREOF, the undersigned have signed this Treaty.
DONE at