Mr President, Distinguished Delegates:
I am honoured to be in a position to address this
important Conference on behalf of the delegation of Sri Lanka.
Mr. President, I shall begin by conveying to you,
Sir, the warmest of felicitations on your election to the high office
of the Presidency of this Conference of Review, in the year 2000, of
the Treaty concluded, on the first of July in the year 1968, on the
Non-Proliferation of Nuclear Weapons.
The many speakers that have preceded me to this
rostrum, have recalled the objectives of the Treaty and the
understandings that were its foundation. They have spoken of the
importance of the Treaty, of its significance in the field of
disarmament, of its scope and fundamental nature and that it should be
universally adhered to. With much that they have said the delegation
of Sri Lanka would concur.
Yet, many and in particular the non-nuclear weapon
States parties to the Treaty have spoken to their deep and serious
concerns and disappointments, as to inadequacies in implementation of
Treaty obligations.
The obligations under the Treaty could be said to
fall into three principal categories:
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The first category of obligations being the
primary obligation on nuclear-weapon States not to
"transfer" nuclear weapons; and the primary obligation
on non-nuclear-weapon States not to "acquire" nuclear
weapons.
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The second category being the consequential
obligations which seek to ensure that, under the supervisory
authority of the International Atomic Energy Agency, the primary
obligation not to "transfer", and the primary obligation
not to "acquire", are scrupulously observed; and that
the restrictions on "transfer" and
"acquisition" do not prejudice non-nuclear weapon States
in use of nuclear energy for peaceful purposes.
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And the third category of obligations being the
provisions of Article VI of the Treaty.
Article VI of the Treaty which lies, it has been said, at the very
heart of the Treaty, seeks to achieve a fundamental
"balance'' between, on the one hand, the obligation
undertaken by the vast majority of States parties to the Treaty
never to acquire nuclear weapons, and, on the other hand, the
continued retention into an indefinite future of nuclear weapons
by the nuclear weapon States parties to the Treaty.
Of the first two categories of obligations: the
primary and secondary obligations in the Treaty, we have heard many
very useful statements. There is much in what has been said with which
the delegation of Sri Lanka would concur.
Yet, I would like to speak today more of the
provisions of Article VI; and the unique "balance" the
provisions of article VI seek to achieve between nuclear weapon
States, on the one hand, and non-nuclear weapon States, on the other.
The provisions of Article VI concern the nuclear
arms race, nuclear disarmament, and general and complete disarmament.
They read as follows:
"Each of the Parties to the Treaty
undertakes to pursue negotiations in good faith on effective
measures relating to cessation of the nuclear arms race at an early
date and to nuclear disarmament, and on a treaty on general and
complete disarmament under strict and effective international
control."
It is immediately noticeable that the Treaty does
not, in article VI, contain a prohibition of, or a ban on, nuclear
weapons or their use.
It is immediately noticeable that what the Treaty
does, in Article VI, is to place upon nuclear weapon States parties to
the Treaty a lesser obligation: namely, the obligation to disarm
themselves of nuclear weapons - and this, against the obligation
undertaken by the vast majority of non-nuclear weapon States to the
Treaty "never-ever" to acquire nuclear weapons.
Of this unique "balance" in article VI of
the Treaty, the International Court of Justice has spoken unanimously,
on 8 July 1996 as follows; and I quote:
"Given the eminently difficult issues that
arise in applying the law on the use of force and above all the law
applicable to armed conflict to nuclear weapons, the Court considers
that it now needs to examine one further aspect of the question
before it, seen in a broader context.
"In the long run, international law, and
with it the stability of the international order which it is
intended to govern, are bound to suffer from the continuing
difference Of views with regard to the legal status of weapons as
deadly as nuclear weapons. It is consequently important to put an
end to this state of affairs: the long-promised complete nuclear
disarmament appears to be the most appropriate means of achieving
that result."
"In these circumstances, the Court
appreciates the full importance of the recognition by Article VI of
the Treaty on Non-Proliferation of Nuclear Weapons of an obligation
to negotiate in good faith a nuclear disarmament. The legal import
of that obligation goes beyond that of a mere obligation of conduct;
the obligation involved here is an obligation to achieve a precise
result - nuclear disarmament in all its aspects - by adopting a
particular course of conduct, namely, the pursuit of negotiations on
the matter in good faith."
"This twofold obligation to pursue and to
conclude negotiations formally concern 182 States parties to the
Treaty on the Non-Proliferation of Nuclear Weapons, or, in other
words, the vast majority of the international community."
"Virtually the whole of this community
appears, moreover, to have been involved when resolutions of the
United Nations General Assembly concerning nuclear disarmament have
repeatedly been unanimously adopted. Indeed, any realistic search
for general and complete disarmament, necessitates the cooperation
of all States."
As the International Court of Justice has advised
the process towards nuclear disarmament is the concern of the entire
international community.
I express concurrence with the views so ably
expressed by Ambassador Wibisono, the Permanent Representative of
Indonesia, speaking earlier this week on behalf of the Non-Aligned
Movement, and further to the April 2000 Ministerial Meeting of the
Non-Aligned Movement in Cartagena.
Aside from the thoughts and proposals presented in
the Working Paper Ambassador Wibisono introduced, we have also heard a
number of thoughts and proposals made by other speakers in the general
debate. They are thoughts and proposals on what should - in the light
of the achievements and the disappointments in the field of
non-proliferation - be done if the objectives of the Non-Proliferation
Treaty are to be realized within the shortest possible period of time.
A number of very thoughtful and very useful
statements have been made already on the achievements that have been
realised and the disappointments that have been experienced in the
field of non-proliferation since the Review and Extension Conference
in 1995.
They are thoughts and proposals that we shall need
to consider with great care at the formal and informal working-levels.
I shall not endeavour to recapitulate, now, the
achievements and the disappointments to which other speakers have
already very fully referred.
The steps that have been taken unilaterally, and
bilaterally, by nuclear-weapon States, towards nuclear disarmament - a
field of mind-boggling complexities and vastnesses - must, of course,
be recognized and appreciated.
We are aware of the assurances provided by the
nuclear weapon States in the statements they have made to this
Conference, earlier this week, of their intentions towards nuclear
disarmament.
Yet there is so much more that remains.
Of particular discouragement is the fact that the
great promise held out to the world in 1995 at the Review and
Extension Conference remains to a very large extent unfulfilled.
The relevant provisions adopted in 1995 at the
Review and Extension Conference are to be found in Decision 3 of the
1995 Conference, in its Section on "Nuclear Disarmament".
The Section on "Nuclear Disarmament" in
Decision 3 concern:
- the Comprehensive Nuclear Test Ban Treaty;
- the proposed Convention banning the production of fissile
materials; and
- the expectation that there would be "determined pursuit, by
the nuclear-weapon States of systematic and progressive efforts to
reduce nuclear weapons globally, with the ultimate goal of
eliminating those weapons, and by all States of general and
complete disarmament under strict and effective international
control."
Thus, it is only to be expected, and heartening
that at our present Conference, in the decisions taken, earlier this
week, on the establishment of subsidiary bodies, we agreed that the
subsidiary body established under Main Committee 1 would discuss and
consider the practical steps for systematic and progressive efforts to
implement article VI of the Treaty and the provisions of the Section
on "Nuclear Disarmament" in Decision 3 of 1995.
That we should at this, our present, Conference
preserve and build as far as is humanly possible on the fundamentals
contained in the Section on "Nuclear Disarmament" in
Decision 3 in 1995 is certainly from the point of view of the
non-nuclear weapon States of the very greatest necessity. Many
speakers have so declared, the delegation of Sri Lanka concurs.
I assure you, Mr President, of our cooperation and support.
Thank you.