April 30, 2013
Statement by H.E. Mr. Triyono Wibowo, Ambassador, Permanent Representative of the Indonesia on behalf of the Group of Member States of the Non-Aligned Movement Parties to the Treaty on the Non-Proliferation of Nuclear Weapons on Cluster 3 Issues: Implementation of the provisions of the Treaty relating to the inalienable right of all Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination
Second Session of the Preparatory Committee for the 2015 Review Conference of the Parties to the
Treaty on the Non-Proliferation of Nuclear Weapons
- I am very pleased to speak on behalf of the Group of Member States of the Non-Aligned Movement Parties to the NPT.
- The Group would like to draw attention to its Working Paper titled “The inalienable right to develop research, production and uses of nuclear energy for peaceful purposes”, which details the Group’s position on issues under this cluster.
- The Group emphasizes the importance of the realization of the inalienable right of all the parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination in accordance with article IV of the NPT, as one of the fundamental objectives of the Treaty. The Group strongly calls upon all States Parties to the Treaty to fully fulfill their legal obligations to respect this inalienable right and its full realization and underscores that nothing in the Treaty shall be interpreted as affecting this right.
- Moreover, the Group emphasizes that cooperation towards accelerating and enlarging the contribution of atomic energy to peace, health, and prosperity throughout the world is the core objective enshrined in the IAEA Statute.
- The Group reaffirms the right of all States parties to participate in the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy. The Group also firmly believes that any measures aiming at hampering, fully or partly, the fullest exercise of the inalienable rights under Article IV of the Treaty, would seriously jeopardize the delicate balance between rights and obligations of States parties, in contravention with the Treaty’s object and purpose and would widen the gap between developed and developing countries in this field.
- In the view of the Group transfers of nuclear technology and international cooperation among States Parties in conformity with the Treaty shall be supported and pursued in good faith and without discrimination. The Group strongly rejects, and calls for the immediate removal of, any restriction or limitation on the transfer of nuclear equipment, material and technology to other States parties with comprehensive safeguards agreements.
- In the view of the Group, provisions of article IV of the Treaty are explicit in that regard, leaving no room for reinterpretation or setting conditions for the peaceful uses of nuclear energy. The Group is of the view that any interpretation that is used as a pretext to prevent the transfer of nuclear technology for peaceful purposes is inconsistent with the objectives of the Treaty. In this regard, the Group expresses its concerns that some States parties have made conditions such as concluding and bringing into force an additional protocol on nuclear export in contravention to Article IV of the Treaty, and calls upon those States parties to remove any such condition promptly. The Group further underlines that concerns related to nuclear non-proliferation shall not, in any way, restrict the inalienable right of any State party to develop all aspects of nuclear science and technology for peaceful purposes, without discrimination, as stipulated in article IV of the Treaty.
- In this regard, all States parties, particularly developed States, should extend their assistance, as requested by States parties that are States members of IAEA, in the provision of nuclear equipment, material, technology and scientific and technological information for peaceful purposes.
- The Group recognizes the major and important role of IAEA in assisting States parties, particularly developing States, in planning for and using nuclear science and technology. The Group stresses the importance of nuclear knowledge-sharing and the transfer of nuclear technology to developing countries to sustain and further enhance their scientific and technological capabilities, thereby also contributing to their socio-economic development.
- The Group stresses that the IAEA Technical Cooperation Programme, as the main vehicle for the transfer of nuclear technology for peaceful purposes, should continue to be formulated and implemented in accordance with the IAEA Statute and the agreed guiding principles as contained in INFCIRC/267, while maintaining a balance between technical cooperation and other activities. While expressing its full confidence in the impartiality and professionalism of the IAEA, the Group strongly rejects politicization of the work of the Agency, including its technical cooperation programme and believes that all States parties to the Treaty that are Members States of the IAEA have to ensure that the Technical Cooperation Programme remains firm and sustainable through sufficient, assured and predictable financial and human resources.
- In this regard, while recognizing that States parties may pursue different ways to access sustainable energy resources and achieve their energy security and climate protection goals, the Group once again reaffirms that each State party, in line with its national requirements and in accordance with its rights and obligations under the Treaty, has a sovereign right to define its national energy and fuel-cycle policies, that, inter alia, includes an inalienable right to develop, for peaceful purposes, a full national nuclear fuel-cycle.
- The Group stresses that multilateral approaches to the nuclear fuel cycle should fully take into account all technical, legal, political and economic implications and complexities surrounding this sensitive matter, and be economically viable, sustainable, non-discriminatory, predictable and transparent. Additionally, any decision thereon shall be made by consensus, taking into account the interests of all States, and above all, without any prejudice to the inalienable right of NPT States parties to develop research, production and use of nuclear energy and sciences, in all its aspects, for peaceful purposes, and if they so decide, to develop a full national nuclear fuel-cycle in conformity with their obligations under the Treaty.
- The Group emphasizes that proliferation concerns are best addressed through multilaterally negotiated, universal, comprehensive and non-discriminatory agreements. The Group further emphasizes that non-proliferation control arrangements should be transparent and open to participation by all States and should ensure that they do not impose restrictions on access by developing countries to material, equipment or technology for peaceful purposes, which such countries require for their continued development. Furthermore, such arrangements must pursue and implement, without exception, the condition of adherence to IAEA comprehensive safeguards and to the Treaty as a condition for the supply to or cooperation with States not party to the Treaty.
- The Group remains deeply concerned about the ability of certain States not party to the Treaty to obtain, in particular from some NWS, nuclear materials, technology and know-how to develop nuclear weapons. The Group strongly calls for the enforcement, without exception or further delay, of the total and complete prohibition, as stipulated in the Treaty, of the transfer of all nuclear related equipment, information, material and facilities, resources or devices and the extension of assistance in the nuclear, scientific or technological fields to States not party to the Treaty.
- The Group once again reaffirms the inviolability of peaceful nuclear activities and that any attack or threat of attack against peaceful nuclear facilities, operational or under construction, poses a threat to international peace and security and a great danger to human beings and the environment and constitutes a grave violation of international law, the principles and purposes of the Charter of the United Nations and the regulations of IAEA, including General Conference Resolution GC(34)/RES/533. In this regard, the Group recognizes the need for a comprehensive multilaterally negotiated instrument prohibiting attacks or threat of attacks on nuclear facilities devoted to peaceful uses of nuclear energy. Moreover, the Group strongly urges all States to undertake unequivocally, in accordance with the purpose and principles of the Charter of the United Nations, to refrain from attacks or threat of attacks on nuclear facilities, operational or under construction, devoted to peaceful purposes.
- In conclusion, I would like to reiterate that the Group is determined to propose, during this Review Process, measures required to ensure that the inalienable right of all States parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination, are fully protected.
Thank you. Mr. Chairman.
Geneva, 30 April 2013