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NUCLEAR NON-PROLIFERATION TREATY

2004 NPT Preparatory Committee Meeting
New York, 26 April - 7 May 2004

Progress at the IAEA

By Dave Andrews

Since its foundation in 1957, the International Atomic Energy Agency (IAEA) has always had the dual, possibly contradictory, role of safeguarding against the spread of nuclear weapons whilst at the same time promoting the peaceful use of nuclear energy. Articles III and IV of the NPT reinforced this dual role.

The Agency has always had considerable difficulty in gaining acceptance of intrusive verification. Following the discovery of Iraq's clandestine nuclear weapons programme after the first Gulf War, it was recognised that the traditional system of comprehensive safeguards agreements (CSAs) under INFCIRC/153 was failing adequately to verify compliance with the NPT, especially in regard to undeclared activity.

A programme to enhance the safeguards process was therefore put in place and culminated in the adoption of a model Additional Protocol in May 1997.[1] The Additional Protocol gives the Agency wider inspection abilities whilst also requiring States to provide much more detailed information about their nuclear programmes and nuclear related activities. To date, however, out of the 189 States party to the NPT only 82 have signed Additional Protocols and less than half this number (39) have entered into force.[2]

There is no doubt that the IAEA finds this slow rate of adoption of additional Protocols disappointing. In an interview with Arms Control Today, Mohammed ElBaradei, Director General of the IAEA, suggested that one of the reasons for the slow uptake was the lack of progress by the NWS in pursuing their nuclear disarmament obligations under Article VI of the NPT. "I heard that argument made here in the [IAEA] by a number of large and small non-nuclear weapons states: Why should we rush to an additional protocol if the weapon states are not energetically pursuing [the} Article VI process?"[3]

However, whilst NPT signatories are not required to adopt an Additional Protocol, it is widely recognised that their universal introduction would significantly enhance non-proliferation objectives and international security. The importance of wider acceptance of the Additional Protocol has been amply illustrated by developments in relation to Libya and Iran over the last twelve months. Both countries have been found to be in 'non compliance' with their longstanding traditional safeguards agreements and whilst the Libyan situation seems to have been resolved successfully[4] that with regard to Iran is more problematical.[5]

Disclosures by Libya have also indicated the existence of a widespread nuclear blackmarket, stretching from Asia to Europe and centred on AQ Khan's Research Laboratories (KRL) in Pakistan. This has involved the supply of uranium enrichment technology to Libya, Iran, North Korea and possibly others, though the full picture is yet to emerge.[6]

One of the major constraints that the IAEA has faced in the past was a zero real growth in its budget at a time when the number of countries, facilities and amounts of nuclear material it was being asked to safeguard were increasing considerably. It was clear that the budgetary crisis was in danger of seriously weakening the effectiveness of the international safeguards regime. Fortunately, this year, the Board of Governors agreed, for the first time in 15 years, to an increase in the budget with further phased increases until 2007.[7] The safeguards budget now stands at a little over $100m, a welcome increase of some $12m from 2003. However, this is still insufficient to allow the Agency, for example, to undertake all the environmental monitoring and purchase of satellite imagery that it would like to do, nor enable it to add certain other capabilities that would improve its effectiveness, independence and credibility. It will still have to rely on extra-budgetary resources and Member States Support Programmes.[8]

In recognition that " the margin of security under the current non-proliferation regime is becoming too slim for comfort"[9] Dr ElBaradei has made a number of important statements and suggestions to make the NPT more 'sustainable.'[10] These include:

  • limiting the processing of weapon-usable material in civilian nuclear programmes;
  • multinational control of the production of new material through reprocessing and enrichment;
  • multinational approaches to the management and disposal of spent fuel and radioactive waste;
  • and progress on a Fissile Material (Cut-Off) Treaty to cap and make public all inventories of fissile material still available.

Whilst there may be questions about whether some of these proposals go far enough there can be no doubt that they are a step in the right direction and worthy of serious consideration by the international community. Only through genuine progress towards nuclear disarmament that involves all states - NWS, NNWS, and those currently outside the NPT - will international security be significantly improved.

Footnotes

[1] 'The IAEA's Additional Protocol', Rich Hooper, Disarmament Forum, UNIDIR, http://www.unidir.ch/pdf/articles/pdf-art209.pdf

[2] 'Strengthened Safeguards System: Status of Additional Protocols', IAEA, 29 March 2004, http://www.iaea.or.at/OurWork/SV/Safeguards/sg_protocol.html

[3] 'Curbing Nuclear Proliferation', Arms Control Today, 2 November 2003, Transcript of Interviews, http://www.iaea.or.at/NewsCenter/Transcripts/2003/act112003.html

[4] 'Implementation of the NPT Safeguards Agreement of the Socialist People's Libyan Arab Jamahiriya: Resolution adopted by the Board on 10 March 2004', GOV/2004/18, http://www.iaea.org/Publications/Documents/Board/2004/gov2004-18.pdf

[5] More information on Iran and the IAEA can be found on the BASIC website.

[6] 'A.Q. Khan was just the "tip of an iceberg," says U.N.', Louis Charbonneau, Reuters, 6 February 2004, http://www.enn.com/news/2004-02-06/s_12842.asp

[7] 'States Okay Landmark IAEA Budget for 2004-05', Daily Wrap, IAEA, http://www.iaea.org/About/Policy/GC/GC47/DailyWrap/budget.html

[8] 'Atoms for Peace: A perspective from the IAEA', David Waller, Deputy Director General, IAEA, 8 December 2003, http://www.iaea.or.at/NewsCenter/Statements/DDGs/2003/waller08122003.html

[9] 'Towards a Safer World', Dr Mohamed ElBaradei, IAEA Director General, Op-Ed, Economist, 16 October 2003, http://www.iaea.or.at/NewsCenter/Statements/2003/ebTE20031016.html

[10] Ibid., and also, for example, 'Statement To the Fifty-Eighth Regular Session of the United Nations General Assembly', Dr Mohamed ElBaradei, IAEA Director General, http://www.iaea.or.at/NewsCenter/Statements/2003/ebsp2003n023.html

Dave Andrews is a consultant to BASIC on nuclear proliferation issues.

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