RAROTONGA TREATY TEXT

SOUTH PACIFIC NUCLEAR-FREE ZONE(TREATY OF RAROTONGA)
Signed at Rarotonga: 6 August 1985.
Entered into force: 11 December 1986.
Depositary: Director of the South Pacific Bureau For
Economic Cooperation.

PREAMBLE
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 onearth;
Believing that regional arms control measures cancontribute to global efforts to reverse the nuclear
arms race and promote the national security of eachcountry 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 NonProliferation 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 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;
Noting that the prohibitions of emplantation and emplacement of nuclear weapons on the seabed and theocean floor and in the subsoil thereof contained in theTreaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruc-tion 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 beestablished in the region at the earliest possible opportunity in accordance with the principles set out inthe communiqué 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 theareas described in Annex 1 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.

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Article 2
APPLICATION OF THE TREATY
1.

2.

Except where otherwise specified, this Treaty
and its Protocols shall apply to territory within
the South Pacific Nuclear Free Zone.
Nothing in this Treaty shall prejudice or in any
way affect the rights, or the exercise of therights, of any State under international law withregard to freedom of the seas.

Article 5
PREVENTION OF STATIONING OF
NUCLEAR EXPLOSIVE DEVICES
1.
2.

Article 3
RENUNCIATION OF NUCLEAR EXPLOSIVE
DEVICES
Each Party undertakes:(a) not to manufacture or otherwise acquire, possessor 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.

Each Party undertakes to prevent in its territory
the stationing of any nuclear explosive device.
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 mannernot covered by the rights of innocent passage, archipelagic sea lane passage or transit passage ofstraits.

Article 6
PREVENTION OF TESTING OF NUCLEAREXPLOSIVE 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 thetesting of any nuclear explosive device by any
State.

Article 4
PEACEFUL NUCLEAR ACTIVITIESArticle 7
PREVENTION OF DUMPING

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 productionof special fissionable material for peaceful purposes to:(i) any non-nuclear-weapon State unless subject
to the safeguards required by Article III.1 of
the NPT, or(ii) any nuclear-weapon State unless subject toapplicable safeguards agreements with theInternational 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.

1.

2.

Each Party undertakes:(a) not to dump radioactive wastes and other radioactive matter at sea anywhere within theSouth 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 possibleof the proposed Convention relating to theprotection 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, withthe aim of precluding dumping at sea of radioactive wastes and other radioactive matter by anyone anywhere in the region.
Paragraphs l(a) and l(b) of this Article shall not
apply to areas of the South Pacific Nuclear Free
Zone in respect of which such a Convention andProtocol have entered into force.

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Article 8
CONTROL SYSTEM

Article 11
AMENDMENT1.

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 theConsultative Committee shall be communicated to
the Director who shall circulate it for acceptance toall Parties. An amendment shall enter into force thirtydays after receipt by the depositary of acceptancesfrom all Parties.

2.

The Parties hereby establish a control system forthe purpose of verifying compliance with their
obligations under this Treaty.
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 forin Annex 2;(d) a complaints procedure as provided for in
Annex 4.

Article 9
REPORTS AND EXCHANGES OFINFORMATION
1.

2.

3.

Each Party shall report to the Director of theSouth 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.
The Parties shall endeavour to keep each otherinformed on matters arising under or in relation
to this Treaty. They may exchange informationby communicating it to the Director, who shallcirculate it to all Parties.
The Director shall report annually to the South
Pacific Forum on the status of this Treaty andmatters arising under or in relation to it, incorporating reports and communications made underparagraphs 1 and 2 of this Article and mattersarising under Articles 8(2)(d) and 10 and Annex
2(4).

Article 12
SIGNATURE AND RATIFICATION
1.
2.

3.

Article 13
WITHDRAWAL
1.

Article 10
CONSULTATIONS AND REVIEW
Without prejudice to the conduct of consultations
among Parties by other means, the Director, at therequest of any Party, shall convene a meeting of theConsultative Committee established by Annex 3 for
consultation and co-operation on any matter arisingin relation to this Treaty or for reviewing its operation.

This Treaty shall be open for signature by any
Member of the South Pacific Forum.
This Treaty shall be subject to ratification. Instruments of ratification shall be deposited with
the Director who is hereby designated depositaryof this Treaty and its Protocols.
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
1 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.

2.

This Treaty is of a permanent nature and shallremain in force indefinitely, provided that in theevent of a violation by any Party of a provisionof this Treaty essential to the achievement of theobjectives of the Treaty or of the spirit of theTreaty, every other Party shall have the right towithdraw from the Treaty.
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
RESERVATIONSThis Treaty shall not be subject to reservations.

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Article 15
ENTRY INTO FORCE
1.
2.

This Treaty shall enter into force on the date ofdeposit of the eighth instrument of ratification.
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 thedate of deposit of its instrument of ratification.

Article 16
DEPOSITARY FUNCTIONS
The depositary shall register this Treaty and its Protocols pursuant to Article 102 of the Charter of theUnited Nations and shall transmit certified copies of
the Treaty and its Protocols to all Members of theSouth 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 WHEREOF the undersigned, being
duly authorized by their Governments, have signed
this Treaty.
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
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 andsouth-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 ofAustralia to its intersection by the meridianof 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 landborder 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 de-Inventory of International Nonproliferation Organizations and Regimes
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positary of written notice from the Governmentof Australia stating that the areas have become
subject to another treaty having an object andpurpose substantially the same as that of thisTreaty.
(illustrative map not included)

ANNEX 2
IAEA Safeguards
1.

2.

3.

4.

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.
The agreement referred to in paragraph 1 shallbe, or shall be equivalent in its scope and effectto, 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 18 months after the date of entry
into force for that Party of this Treaty.
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 tonuclear explosive devices.
Each Party agrees upon the request of any otherParty to transmit to that Party and to the Director
for the information of all Parties a copy of theoverall 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 ofthe 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 representativesof the Parties, each Party being entitled to appoint one representative who may be accompanied by advisers. Unless otherwise agreed, theConsultative Committee shall be chaired at any
given meeting by the representative of the Party2.

which last hosted the meeting of Heads of Government of Members of the South Pacific Forum.
A quorum shall be constituted by representativesof half the Parties. Subject to the provisions ofArticle 11, decisions of the Consultative Committee shall be taken by consensus or, failingconsensus, by a two-thirds majority of those present and voting. The Consultative Committee
shall adopt such other rules of procedure as itsees fit.
The costs of the Consultative Committee, including the costs of special inspections pursuant toAnnex 4, shall be borne by the South Pacific Bureau for Economic Co-operation. It may seek
special funding should this be required.

Annex 4COMPLAINTS PROCEDURE
1.

2.

3.

4.

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 itwith an explanation and to resolve the matter.
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 besupported by an account of evidence of breach ofobligations known to the complainant Party.
Upon receipt of a complaint the Director shallconvene the Consultative Committee as quickly
as possible to consider it.
The Consultative Committee, taking account ofefforts made under paragraph 1, shall afford theParty complained of a reasonable opportunity toprovide it with an explanation of the matter.
If, after considering any explanation given to it
by the representatives of the Party complainedof, the Consultative Committee decides that
there is sufficient substance in the complaint towarrant a special inspection in the territory ofthat Party or elsewhere, the Consultative Committee shall direct that such special inspection bemade 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 andcomplainant Parties, provided that no national ofeither Party shall serve on the special inspection
team. If so requested by the Party complained of,the special inspection team shall be accompanied

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by representatives of that Party. Neither the rightof 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 suchdirectives 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 andcommitments 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 fulland 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 theirfunctions, 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 relevantfacts 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 isin 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 orcomplained of Party, the Parties shall meet
promptly at a meeting of the South Pacific Forum.

Protocol 1
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, in so
far as they relate to the manufacture, stationing andtesting of any nuclear explosive device within thoseterritories, 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 ofan amendment to the Treaty pursuant to Article 11 of
the Treaty.

Article 3This Protocol shall be open for signature by the
French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States ofAmerica.

Article 4This Protocol shall be subject to ratification.

Article 5This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party
shall, in exercising its national sovereignty, have theright to withdraw from this Protocol if it decides thatextraordinary events, related to the subject matter ofthis Protocol, have jeopardized 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 jeopardized its supreme interests.

Article 6This Protocol shall enter into force for each State on
the date of its deposit with the depositary of its instrument of ratification.

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RAROTONGA TREATY TEXTIN WITNESS WHEREOF the undersigned, being
duly authorized 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 originalin the English language.

Protocol 2

shall, in exercising its national sovereignty, have theright to withdraw from this Protocol if it decides thatextraordinary events, related to the subject matter ofthis Protocol, have jeopardized 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 jeopardized its supreme interests.

Article 7

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 aParty to Protocol 1 is internationally responsible.

Article 2This 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 authorized 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 originalin theEnglish language.

Protocol 3
The Parties to this Protocol

Each Party undertakes not to contribute to any act ofa 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.

Noting the South Pacific Nuclear Free Zone Treaty(the Treaty)

Article 3

Article 1

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 ofan 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 theTreaty.

Each Party undertakes not to test any nuclear explosive device anywhere within the South Pacific Nuclear Free Zone.

Article 4This Protocol shall be open for signature by the
French Republic, the People’s Republic of China, theUnion of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland andthe United States of America.

Article 5This Protocol shall be subject to ratification.

Article 6

Have agreed as follows:

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 ofan 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 theTreaty.

Article 3This Protocol shall be open for signature by the
French Republic, the People’s Republic of China, theUnion of Soviet Socialist Republics, the United
Kingdom of Great Britain and Northern Ireland andthe United States of America.

This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party
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Article 4This Protocol shall be subject to ratification.

Article 5This Protocol is of a permanent nature and shall remain in force indefinitely, provided that each Party
shall, in exercising its national sovereignty, have theright to withdraw from this Protocol if it decides thatextraordinary events, related to the subject matter ofthis Protocol, have jeopardized 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 jeopardized its supreme interests.

Article 6This 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 authorized 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 originalin the English language.

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