IV

103D CONGRESS

1ST SESSION H. CON. RES. 111

Concerning the establishment of a South Pacific Nuclear Free Zone.

IN THE HOUSE OF REPRESENTATIVES

JUNE 10, 1993

Mr. FALEOMAVAEGA (for himself, Mr. ACKERMAN, Mr. BERMAN, Mr. DELLUMS, Mrs. MORELLA, Mr. MCDERMOTT, Mr. KOPETSKI, Mr. STARK,

Mr. MARTINEZ, Mr. ABERCROMBIE, and Mrs. MINK) submitted the following concurrent resolution; which was referred to the Committee on

Foreign Affairs

CONCURRENT RESOLUTION

Concerning the establishment of a South Pacific Nuclear

Free Zone.

Whereas the nations of the South Pacific, which share with

the United States a strong interest in nuclear nonproliferation, have negotiated and signed the Treaty of

Rarotonga, establishing a South Pacific Nuclear Free

Zone;

Whereas the Treaty of Rarotonga came into force on December 11, 1986, and has been ratified by 11 nations;

Whereas the Treaty of Rarotonga prohibits the testing, manufacture, acquisition, and stationing of nuclear weapons

in the territory of parties to the treaty and the dumping

of radioactive wastes at sea;
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Whereas 3 protocols to that treaty, which are open for ratification by nuclear-weapon states, require that those nuclear weapon states that ratify those protocols abide by

the treaty’s provisions in their territories in the region,

not contribute to violations of the treaty or threaten to

use nuclear weapons against its parties, and refrain from

testing nuclear devices in the zone;

Whereas the Treaty of Rarotonga does not prejudice or in

any way affect the rights of all nations to freedom of the

seas under international law and leaves to each party policy decisions on visits or passage through its territory by

foreign ships and aircraft;

Whereas the establishment of verified nuclear-weapon-free

zones can reinforce the international norm of nuclear

nonproliferation and build consensus for long-term extension of the Nuclear Nonproliferation Treaty (NPT) when

reviewed for extension by its members in 1995;

Whereas the United States leadership to extend the Nuclear

Nonproliferation Treaty would be further enhanced if

United States signature and ratification of the protocols

were part of an overall nonproliferation policy that included negotiations on a comprehensive nuclear test ban;

Whereas Article VII of the Nuclear Nonproliferation Treaty

affirms ‘‘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,’’ and the

state parties to the Treaty of Rarotonga have implemented a safeguards agreement for the region with the

International Atomic Energy Agency;

Whereas it has been the policy of the United States to favor

the establishment of effective nuclear-weapon-free zones
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in regions of nonproliferation concern and where such

zones would enhance international stability and security;

Whereas the United States has set forth 7 criteria whereby

the effectiveness of proposed nuclear-weapon-free zones

will be judged, as follows: (1) the initiative is from the

nations in the region, (2) all nations whose participation

is deemed important participate, (3) adequate verification

of compliance is provided, (4) it does not disturb existing

security arrangements to the detriment of regional and

international security, (5) all parties are barred from developing or possessing any nuclear device for any purpose, (6) it imposes no restrictions on international legal

maritime and serial navigation rights and freedoms, and

(7) it does not affect the international legal rights of parties to grant or deny others transit privileges, including

port calls and overflights;

Whereas the United States has signed and ratified the protocols to the Treaty for the Prohibition of Nuclear Weapons in Latin America (the Treaty of Tlatelolco), establishing a nuclear-weapon-free zone in Latin America,

whereby the United States committed itself not to test,

manufacture, acquire, or store nuclear weapons in its territories in the region (namely Puerto Rico and the United

States Virgin Islands), not to contribute to any violation

of the treaty, and not to threaten to use nuclear weapons

against the parties;

Whereas the United States is also a party to the Antarctic

Treaty, the Seabed Arms Control Treaty, the Treaty on

Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon

and Other Celestial Bodies, which preclude nuclear weapons from these regions;
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Whereas support for these nuclear-weapon-free zones does

not prejudge United States policy with respect to other

proposed nuclear-weapon-free zones, each of which must

be judged on its individual merits in accordance with

United States national interests;

Whereas in order to maintain the security of United States

military forces and their ability to contribute to nuclear

deterrence, the United States must preserve the principle

of neither confirming nor denying whether particular

United States naval vessels or other military forces possess nuclear weapons;

Whereas the protocols to the Treaty of Rarotonga do not conflict with the United States policy of neither confirming

nor denying the presence of nuclear weapons on United

States vessels or aircraft and do not prohibit any current

or anticipated activities in United States territories in the

South Pacific or elsewhere in the region; and

Whereas past administrations have stated that while the

United States could not, under circumstances prior to the

cessation of the Cold War, sign the protocols to the Treaty of Rarotonga, United States practices and activities in

the South Pacific Nuclear Free Zone region, then and

now, are consistent with the treaty and its protocols:

Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That (a) it is the sense of the Congress

3 that—

4 (1) the Treaty of Rarotonga is consistent with

5 United States security commitments in the South

6 Pacific since it does not prohibit port calls by naval
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1 vessels which are nuclear powered or may be carry2 ing nuclear weapons and does not create other im3 pediments to United States military operations in

4 support of the Security Treaty between Australia,

5 New Zealand and the United States (ANZUS

6 Treaty);

7 (2) the Treaty of Rarotonga satisfies the 7 cri8 teria, set forth in the preamble of this resolution,

9 which have been established by the United States

10 Government for judging the effectiveness of pro11 posed nuclear-weapon-free zones;

12 (3) signature and ratification of the protocols to

13 that treaty would be in the national interest of the

14 United States by contributing to a comprehensive

15 United States nonproliferation policy that would en16 hance prospects for extending the Nuclear Non17 proliferation Treaty in 1995, particularly if such a

18 policy were to include negotiations on a comprehen19 sive nuclear test ban agreement; and

20 (4) signature and ratification of the protocols

21 would not prejudge United States policy with respect

22 to proposals for nuclear-weapon-free zones in other

23 regions, such as those in which the presence of an

24 effective nuclear deterrent has contributed to United

25 States national security by enhancing stability.
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1 (b) Noting that the executive branch has indicated

2 that United States practices and activities in the region

3 are consistent with the Treaty of Rarotonga and its proto4 cols, it is therefore the sense of the Congress that the

5 United States should sign and ratify the protocols to that

6 treaty±.

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