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. DEL-
LUMS, Mrs. MORELLA, Mr. MCDERMOTT, Mr. KOPETSKI, Mr. STARK,
Mr. MARTINEZ, Mr. ABERCROMBIE, and Mrs. MINK) submitted the fol-
lowing 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 non-
proliferation, have negotiated and signed the Treaty of
Rarotonga, establishing a South Pacific Nuclear Free
Zone;
Whereas the Treaty of Rarotonga came into force on Decem-
ber 11, 1986, and has been ratified by 11 nations;
Whereas the Treaty of Rarotonga prohibits the testing, man-
ufacture, acquisition, and stationing of nuclear weapons
in the territory of parties to the treaty and the dumping
of radioactive wastes at sea;
•HCON 111 IH
Whereas 3 protocols to that treaty, which are open for ratifi-
cation by nuclear-weapon states, require that those nu-
clear 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 pol-
icy 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 exten-
sion 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 in-
cluded 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 re-
gional treaties in order to assure the total absence of nu-
clear weapons in their respective territories,’’ and the
state parties to the Treaty of Rarotonga have imple-
mented 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
•HCON 111 IH
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 de-
veloping or possessing any nuclear device for any pur-
pose, (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 par-
ties to grant or deny others transit privileges, including
port calls and overflights;
Whereas the United States has signed and ratified the proto-
cols to the Treaty for the Prohibition of Nuclear Weap-
ons in Latin America (the Treaty of Tlatelolco), estab-
lishing 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 ter-
ritories 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 Ex-
ploration and Use of Outer Space, Including the Moon
and Other Celestial Bodies, which preclude nuclear weap-
ons from these regions;
•HCON 111 IH
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 pos-
sess nuclear weapons;
Whereas the protocols to the Treaty of Rarotonga do not con-
flict 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 Trea-
ty 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
•HCON 111 IH
vessels which are nuclear powered or may be carry-
ing nuclear weapons and does not create other im-
pediments 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 cri-
teria, set forth in the preamble of this resolution,
which have been established by the United States
Government for judging the effectiveness of pro-
posed 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 en-
hance prospects for extending the Nuclear Non-
proliferation Treaty in 1995, particularly if such a
policy were to include negotiations on a comprehen-
sive 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.
•HCON 111 IH
(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 proto-
cols, it is therefore the sense of the Congress that the
United States should sign and ratify the protocols to that
treaty±.
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