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_____________________________________________ STANDING COMMITTEE ON FOREIGN AFFAIRS AND DEFENCE Review Report on the Treaty on the Prohibition of Nuclear Weapons PARLIAMENT OF THE REPUBLIC OF FIJI Parliamentary Paper No.
39 of 2020 May 2020 _______________________________________________________________________________________ Published and Printed by the Department of Legislature, Parliament House, SUVA Table of Contents Chairperson’s Foreword .......................................................................................................... 3 Acronyms ................................................................................................................................... 5 Recommendations ..................................................................................................................... 6 1.0 Introduction ................................................................................................................... 7 1.1 1.2 1.3 Background and Terms of Reference ...................................................................................... 7 Committee Remit and Composition ........................................................................................ 7 Procedure and Program ........................................................................................................... 8 2.0 Committee Deliberation and Analysis ......................................................................... 9 2.1 Committee Findings ................................................................................................................ 9 Benefits of Accession ................................................................................................................. 9 Impact of the Convention ........................................................................................................... 9 Requirements for Implementation ............................................................................................ 10 Challenges ................................................................................................................................ 10 2.2 Oral and Written Evidence Received .................................................................................... 11 3.0 Gender Analysis ........................................................................................................... 12 4.0 Conclusion .................................................................................................................... 12 5.0 Members’ Signature .................................................................................................... 13 6.0 Appendices ................................................................................................................... 14 2 Review Report on the Treaty on the Prohibition of Nuclear Weapons Chairperson’s Foreword I am pleased to present the Treaty on the Prohibition of Nuclear Weapons.
The Committee when reviewing the treaty, heard oral submissions, received written submissions as well as holding public consultations in Suva and Lautoka from the relevant stakeholders and the general public.

The Treaty on the Prohibition of Nuclear Weapons (Treaty) sets out a comprehensive set of prohibitions against participating include undertakings by member States to the Treaty not to develop, test, produce, acquire, process, stockpile, use or threaten to use nuclear weapons.
The Treaty also prohibits the deployment of nuclear weapons on national territory and the provision of assistance to any State in the conduct of prohibited activities.

in any nuclear weapon activities.

These This Treaty has particular significance and resonance in the Pacific as a region that has suffered from the effects of more than 315 nuclear test explosions carried out by the United Kingdom, France and the United States.
This Treaty seeks to address the ongoing health and environmental harm from these tests.

States Parties are obliged to prevent and suppress any activity prohibited under the Treaty undertaken by persons or on territories under its jurisdiction or control.
The Treaty also obliges States Parties to provide adequate assistance to individuals affected by the use or testing of nuclear weapons, as well as to take necessary and appropriate measures of environmental remediation in areas under its jurisdiction or control contamination as a result of activities related to the testing or use of nuclear weapons.

Fiji was one of the countries that signed the Treaty at the margins of the 72nd Session of the United Nations General Assembly on 20 September 2017.
The Treaty is currently not in force.

It will enter into force 90 days after the fiftieth instrument of ratification, acceptance, approval or accession has been deposited.

There are currently only 35 States Parties to the Treaty.

The Treaty reinforces Fiji’s commitment to the Comprehensive Safeguards Agreement (CSA) which Fiji signed with the International Atomic Energy Agency (IAEA) in 1973.
In 2006, Fiji also signed the Additional Protocol to the CSA which further strengthened provisions of the IAEA’s Safeguards Agreement and extends the authority of the IAEA to undertake relevant inspections of nuclear related activities.

Fiji has a Small Quantities Protocol in force which essentially reduces the burden of implementation of the provisions of the IAEA’s CSA given that Fiji is a State with little or no nuclear material.
3 Review Report on the Treaty on the Prohibition of Nuclear Weapons Fiji would need to further develop its legislative framework to ensure that provisions of the Treaty and other related treaties are properly implemented.

As per Article 7, States Parties can access international assistance to ensure that they are fulfilling its obligations under the Treaty.

The Committee recommends that Fiji fully ratifies the Treaty.
The Committee commends the contributions by stakeholders that assisted in the preparation of this report.

I take this opportunity to thank members of my Committee including contributions of alternate members: Hon.

Lenora Qereqeretabua and Hon.

Prof. Biman Prasad (alternate members for Hon.

Pio Tikoduadua) and Hon.

Mikaele Leawere (alternate member for Hon.

Anare Jale) and the Secretariat for compiling this bipartisan report.
On behalf of the Standing Committee on Foreign Affairs and Defence, I submit this report to the Parliament.

_______________________ Hon.
Alexander O’Connor Chairperson 4 Review Report on the Treaty on the Prohibition of Nuclear Weapons Acronyms CSA DOI EEZ FCS FPF FTA Comprehensive Safeguards Agreement Department of Immigration Exclusive Economic Zone Fiji Corrections Service Fiji Police Force Fijian Teachers Association FWRM Fiji Women Rights Movement IAEA International Atomic Energy Agency MODNS Ministry of Defence and National Security MOFA Ministry of Foreign Affairs MWCPA Ministry of Women, Children and Poverty Alleviation PANG Pacific Network Against Globalisation PIANGO Pacific Islands Association of Non-Governmental Organisations OSG Office of the Solicitor General RFMF Republic of Fiji Military Forces SDGs Sustainable Development Goals SO USP Standing Orders The University of the South Pacific 5 Review Report on the Treaty on the Prohibition of Nuclear Weapons Recommendations The Committee recommends that: 1.
Fiji accedes to the Treaty and adopts without reservation.

2.

The Ministry of Foreign Affairs provide an update to Parliament at an appropriate time of the progress in the implementation of the Treaty and its requirements.

3.

The Government dedicates resources for the implementation of the Treaty to detect and report foreign sea borne and air borne craft carrying nuclear weapons within our EEZ and airspace to the IAEA/CSA.

4.
4.

The Government create or develop capacity to effectively and safely respond to a nuclear disaster within our EEZ and airspace.

5.

The relevant legislations be reviewed and updated to support the successful implementation and compliance of the Treaty.
6 Review Report on the Treaty on the Prohibition of Nuclear Weapons 1.0 Introduction 1.1 Background and Terms of Reference The Committee had reviewed the Convention on the Treaty on the Prohibition of Nuclear Weapons in the first meeting on Monday 24th February 2020.

On 2nd March 2020 stakeholders made submissions on the above Treaty in the Parliament precinct in Suva.
The Treaty for the Prohibition of Nuclear Weapons (Treaty) sets out a comprehensive set of prohibitions against participating in any nuclear weapon activities.

These include undertakings by member States to the Treaty not to develop, test, produce, acquire, process, stockpile, use or threaten to use nuclear weapons.

The Treaty also prohibits the deployment of nuclear weapons on national territory and the provision of assistance to any State in the conduct of prohibited activities.
States Parties are obliged to prevent and suppress any activity prohibited under the Treaty undertaken by persons or on territories under its jurisdiction or control.
The Treaty also obliges States Parties to provide adequate assistance to individuals affected by the use or testing of nuclear weapons, as well as to take necessary and appropriate measure of environmental remediation in areas under its jurisdiction or control contaminated as a result of activities related to the testing or use of nuclear weapons.

The Report is divided into three parts: I.

Part One - focuses on the Committee recommendations II.
Part Two - covers the Findings of the report to Parliament III.

Part Three -covers the Conclusion 1.2 Committee Remit and Composition Pursuant to Standing Orders 109(2) (e) that the Standing Committee on Foreign Affairs and Defence is mandated to look into matters related to Fiji’s relations with other countries, development aid, foreign direct investment, oversight of the military and relations with multi-lateral organisation.
The members of the Standing Committee on Foreign Affairs and Defence are as follows: 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 Hon.

Alexander O’Connor – Chairperson Hon.

Dr. Salik Govind - Deputy Chairperson Hon.

Selai Adimaitoga – Member Hon.

Pio Tikoduadua - Member Hon.

Anare Jale – Member 7 Review Report on the Treaty on the Prohibition of Nuclear Weapons 1.2.6 1.2.7 1.2.8 Hon.

Lenora Qereqeretabua –Alternate Member Hon.

Mikaele Leawere- Alternate Member Hon.
Prof. Biman Prasad – Alternate Member 1.3 Procedure and Program The Standing Committee on Foreign Affairs and Defence commenced its deliberation on the 2nd March 2020 and received written and oral submissions from the following: International Labour Organization  Ministry of Defence and National Security  Republic of Fiji Military Forces  Fiji Police Force  Fiji Corrections Service  Ministry of Foreign Affairs   Ministry of Employment, Productivity and Industrial Relations  Ministry of Women, Children and Poverty Alleviation  Mr. Samarasam Pillay, Retiree  Dr. Ram Raju, President of the Nadi Chamber of Commerce  University of the South Pacific  Professor Shaista Shameem  Fiji Human Rights and Anti-Discrimination Commission  Pacific Conference of Churches  World Council of Churches   Fijian Teachers Association  Office of the Solicitor General  Ministry of Industry, Trade and Tourism  Pacific Network on Globalization (PANG)  Fiji Women Rights Movement (FWRM) International Campaign to Abolish Nuclear Weapons (ICAN) 8 Review Report on the Treaty on the Prohibition of Nuclear Weapons 2.0 Committee Deliberation and Analysis 2.1 Committee Findings The Committee’s findings are outlined below: 1.
There was overall support by stakeholders to ratify the Treaty without any reservation.

2.

Should the Treaty be ratified, there has to be sufficient capacity to deter, detect, report and respond to any nuclear related incidents in our EEZ and airspace.

3.

The legal framework to fully support the implementation of the Treaty will need to be reviewed and updated.

4.

The Committee acknowledges the Government’s initiative to compensate victims of Operation Grapple nuclear testing.

5.
5.

Article 7 which is not time bound and provides for signatories to the Treaty to seek compensation from nuclear powers for previous and future victims of nuclear fall-out.

Benefits of Accession Once ratified, the following benefits will be acquired: 1.

The Treaty will compel the Nuclear Weapons States to meet their obligations under Article 6 of the NPT therefore contributing to global nuclear disarmament.

2.
2.

The Treaty will obligate States Parties to assist and compensate survivors in the event of a nuclear disaster.

3.

Fiji’s lead role in Climate Action will be enhanced through ratification of the Treaty.

This would allow an opportunity for Fiji and the region to advance an influence to realise the global nuclear non-proliferation agenda.

4.

Fiji and the world will move closer to not exist under the veil of a nuclear threat to all humanity.

5.
5.

Ratifying the Treaty enhances Fiji’s commitment to SDGs particularly, SDG 9 and SDG17.

Impact of the Convention Fiji has continued to support regional disarmament platforms such as the South Pacific Nuclear Free Zone Treaty of Rarotonga (Raratonga Treaty) which bans the manufacture, acquisition, possession or control of nuclear devices within the Pacific.
9 Review Report on the Treaty on the Prohibition of Nuclear Weapons Furthermore, this position is an extension of Fiji’s acceptance of the regional and international nuclear disarmament instruments that seek to rid this planet of any nuclear threats.

This includes the Treaty on the Non-proliferation of Nuclear Weapons which Fiji acceded to in 1972 and the Comprehensive Nuclear-Test-Ban Treaty which Fiji ratified in 1996.
Fiji clearly supports the initiative to ban nuclear weapons and to reduce the risk of its accidental, mistaken, unauthorised or intentional use on this planet given its catastrophic and humanitarian consequences.

It should be noted that Fiji’s position is the result of our first-hand experience of the destruction (Christmas Island veterans) and long lasting effects that nuclear weapons have had on Fijians who remain without victim assistance and reparation, as well as environmental degradation.
Ratifying the Treaty will promote cooperation and strengthen international relations with other States Parties who have acceded to or ratified the Convention and further Fiji’s goal of ensuring a nuclear-weapon free world.

Requirements for Implementation States Parties are required to adopt necessary measures to implement obligations under the Treaty.
As such States Parties are required to undertake “appropriate legal, administrative and other measures, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under the Treaty”.

Obligations for State Parties are expressly articulated under Article 1 of the Treaty.
Each State Party undertakes never under any circumstances to Develop, Transfer, Receive, Use, Assist, Seek, or Allow to test, produce, manufacture, otherwise acquire, possess or stockpile nuclear weapons or other nuclear explosive devices.

Challenges 1.

To compel all foreign air and water borne vessels carrying nuclear weapons are obligated to notify Fijian authorities before entering our sea and airspace.

2.
2.

Building capacity of appropriate authorities in Fiji to monitor and detect any foreign vessels and aircrafts entering Fiji’s EEZ and airspace carrying nuclear weapons or other nuclear explosive devices.

3.

In the event of an aviation or maritime incident or accident related to nuclear carrying vessels, the Committee noted that there are limited resources to mitigate its impact.
10 Review Report on the Treaty on the Prohibition of Nuclear Weapons 2.2 Oral and Written Evidence Received The Committee received oral and written submissions from stakeholders and the public as listed on page 8 of this report and in Appendix A.

11 Review Report on the Treaty on the Prohibition of Nuclear Weapons 3.0 Gender Analysis The Convention is gender neutral and therefore benefits all genders.
4.0 Conclusion The Standing Committee on Foreign Affairs and Defence has fulfilled its mandate approved by Parliament which is to review the Treaty on the Prohibition of Nuclear Weapons.

12 Review Report on the Treaty on the Prohibition of Nuclear Weapons 5.0 Members’ Signature Hon.
Alexander O’Connor Chairperson 13 Review Report on the Treaty on the Prohibition of Nuclear Weapons 6.0 Appendices All other written and transcribed evidences gathered during the public submissions and public consultations will on: http://www.parliament.gov.fj/committees/standing-committee-on-foreign-affairs-and-defence/ Parliament website be made accessible the on No Date Agency/Organisation Written Evidence Oral Evidence 1.

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Ministry of Defence and National Security Monday, 02nd March, 2020 Republic of Fiji Military Forces Fiji Police Force Fiji Corrections Service Ministry of Foreign Affairs Ministry of Employment, Productivity and Industrial Relations Ministry of Women, Children and Poverty Alleviation Mr. Samarasam Pillay, Retiree Dr. Ram Raju, President of the Nadi Chamber of Commerce University of the South Pacific Professor Shaista Shameem Fiji Human Rights and Anti- Discrimination Commission Pacific Conference of Churches World Council of Churches International Campaign to Abolish Nuclear Weapons (ICAN) Fijian Teachers Association Ministry of Industry, Trade and Tourism Office of the Solicitor General Fiji Women Rights Movement (FWRM) Pacific Network on Globalization (PANG) Tuesday, 03rd March, 2020 Thursday, 05th March, 2020 Monday, March, 2020 9th Tuesday, 10th March, 2020                   14 Review Report on the Treaty on the Prohibition of Nuclear Weapons                    