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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 111 Introduced in House (IH)]

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;
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 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;
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
    Resolved by the House of Representatives (the Senate concurring), 
That (a) it is the sense of the Congress that--
            (1) the Treaty of Rarotonga is consistent with United 
        States security commitments in the South Pacific since it does 
        not prohibit port calls by naval vessels which are nuclear 
        powered or may be carrying nuclear weapons and does not create 
        other impediments to United States military operations in 
        support of the Security Treaty between Australia, New Zealand 
        and the United States (ANZUS Treaty);
            (2) the Treaty of Rarotonga satisfies the 7 criteria, set 
        forth in the preamble of this resolution, which have been 
        established by the United States Government for judging the 
        effectiveness of proposed nuclear-weapon-free zones;
            (3) signature and ratification of the protocols to that 
        treaty would be in the national interest of the United States 
        by contributing to a comprehensive United States 
        nonproliferation policy that would enhance prospects for 
        extending the Nuclear Nonproliferation Treaty in 1995, 
        particularly if such a policy were to include negotiations on a 
        comprehensive nuclear test ban agreement; and
            (4) signature and ratification of the protocols would not 
        prejudge United States policy with respect to proposals for 
        nuclear-weapon-free zones in other regions, such as those in 
        which the presence of an effective nuclear deterrent has 
        contributed to United States national security by enhancing 
        stability.
    (b) Noting that the executive branch has indicated that United 
States practices and activities in the region are consistent with the 
Treaty of Rarotonga and its protocols, it is therefore the sense of the 
Congress that the United States should sign and ratify the protocols to 
that treaty<plus-minus>.

                                 <all>
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