STATEMENT BY H.E. MR. MARI AMANO

AMBASSADOR, PERMANENT REPRESENTATIVE OF JAPAN

TO THE CONFERENCE ON DISARMAMENT

 

THE 1259TH PLENARY MEETING OF THE CONFERENCE ON DISARMAMENT

“Cessation of the nuclear arms race and nuclear disarmament” and on “Prevention of nuclear war, including all related matters” with a general focus on the prohibition of the production of fissile material for nuclear weapons and other nuclear explosive devices

 

GENEVA, 31 MAY 2012

 

 

Mr. President,

 

I would like to congratulate you Ambassador Kahiluoto, on your assumption of the presidency of the Conference on Disarmament.  I assure you of my delegation’s full support and cooperation as you guide these thematic debates.

 

Mr. President,

 

Japan has been for many years consistent in its call for the total elimination of nuclear weapons.  It is also a widely shared conviction that the total elimination of nuclear weapons cannot be achieved overnight with a single piece of paper or a declaration.  It requires a cumulative process of practical and concrete measures.  In this context, it is obvious, as the Preamble of the NPT clearly indicates, that the first step we have to make is the cessation of the manufacture of nuclear weapons.  Quantity capping by banning the production of fissile material for nuclear weapons purposes is indispensable to this end.  After the quality capping by banning nuclear testing through the Comprehensive Nuclear Test Ban Treaty, a treaty banning the production of fissile material for nuclear weapons or other explosive devices, commonly known as an FMCT, is therefore the next logical step towards realization of a world free of nuclear weapons. 

 

Indeed, the issue of an FMCT has reached a level of sufficient maturity to start formal negotiations.  While we would like to make it clear that substantive discussions on an FMCT in the plenary meeting cannot be substitute for the negotiations, my delegation is ready to take part in these meetings without prejudice to our national positions in actual negotiations.  As there are many issues that make up an FMCT, I would like to highlight four major ones: core obligations, definitions, verification, and existing stocks.

 

Mr. President,

 

(Core obligations)

Identifying the core obligation of an FMCT is the most important issue.  In the various discussions to date, there has been a consensus that a ban on the future production of fissile material for nuclear weapons or nuclear explosive devices would be the core obligation of an FMCT. 

 

As a logical consequence of a ban on “future production”, the entry into force of an FMCT would obligate the states possessing fissile material production facilities for nuclear weapon purposes to close down, decommission, or convert those facilities to non-nuclear-weapon purposes.  Because the “reversion” of such facilities back to nuclear weapon use would equate to de facto production, it should be subject to prohibition.  Furthermore, the “reversion” of fissile materials that states have voluntarily declared as excess for national security needs should similarly be banned.

 

There are also some other bans that we believe to be necessary.  Firstly, the “diversion” of existing and future stocks of fissile material for non-nuclear weapon purposes to weapons purposes would also be substantially the same as production, and should be subject to prohibition.  Secondly, receiving fissile material for nuclear weapons from another state should be subject to a ban, as such a “transfer” would have an equivalent effect of “production”.  Thirdly, assisting another state in its production of fissile material for nuclear weapons should be prohibited.

 

Mr. President,

 

(Definition)

  Next, I would like to touch upon the issue of definitions.  Bearing in mind the intent and purpose of an FMCT, we have to make sure that no legal loopholes will be created by inadvertently choosing narrow definitions.  They should therefore be as broad as possible while not adversely affecting the peaceful uses of nuclear energy.  From this perspective, we believe that Article XX of the IAEA statute on “Special fissionable materials” could provide a base for a definition of fissile materials.

 

Mr. President,

 

(Verification)

On the subject of verification issues, there are many different approaches to verifying compliance with the core obligation of an FMCT.  We believe there are four possible categories of verification to take into consideration.

 

The first is to confirm that the amount of stocks of fissile material for nuclear weapons or nuclear explosive devices has not increased from the date an FMCT enters into force.  Under this category, it would be necessary to declare all past production of fissile materials, while noting some voices from the nuclear weapon states that making such declarations mandatory may be challenging from the perspective of protecting proliferation-sensitive information.

 

The second category is to confirm that the reactors and facilities for the production of fissile material for nuclear weapons or nuclear explosive devices that are closed down, decommissioned, or converted to non-nuclear-weapon purposes, remain in that state.  From the perspective of ensuring the core obligation of an FMCT, it would be necessary and significant to confirm that these facilities will never again “operate” as production facilities for nuclear weapons.  Moreover, verification of this category would have the effect of substantially verifying a large part of the first category and will be extremely important for improving confidence in an FMCT. 

 

The third category is to confirm that fissile material that has voluntarily been declared as excess as a result of nuclear disarmament is not reverted back to nuclear weapons purposes.  In this connection, studying how the outcome of the Trilateral Initiative between the United States, the Russian Federation, and the IAEA could be adapted to an FMCT would be worthwhile.  Furthermore, this category of verification is particularly important to ensure the principle of irreversibility. 

 

The fourth category is to confirm that fissile material for non-nuclear-weapon purposes has not been diverted to nuclear-weapons.  Given that currently “voluntary safeguards” are already applied to the NPT nuclear-weapon states, as well as facility-specific 66-type safeguards to some facilities of non-NPT states parties, this issue can be left to the discussions in the IAEA under its assistance for the examination of verification arrangements for an FMCT.   On the other hand, at present the nuclear-weapon states under their “voluntary safeguards” may “withdraw” their declared civil nuclear material from IAEA safeguards, but in the event that an FMCT is established it may be necessary to revise such “withdrawal” provisions to conform to the new FMCT obligations.  In this regard, we would like to bring to mind the call made by the 2010 NPT Review Conference under Action 30 for the wider application of safeguards to peaceful nuclear facilities in the nuclear-weapon states.  Furthermore, the NPT non-nuclear weapon states which have concluded comprehensive safeguards agreements and Additional Protocols should bear neither additional measures nor obligations under an FMCT.

 

Mr. President,

 

(Stocks)

The fourth major issue is stocks.  We are aware of the fact that there is not yet a convergence of views on this topic. It is not, however, productive to conduct general debates on “whether existing stocks should be included or not” in an FMCT.  Rather, it is constructive to precisely detail what specific obligations would be envisaged in regards to existing stocks.  In this context, the transfer of stocks for nuclear weapons to a third country, the diversion to nuclear-weapon purposes of stocks for conventional military use, and the “reversion” back to nuclear-weapon purposes of stocks declared as excess should be at least banned.  At the same time, there are further issues in relation to existing stocks that could be studied, such as transparency-enhancing measures and realizing physical protection obligations from the perspective of strengthening nuclear security.

 

Mr. President,

 

Lastly, I would like to take this opportunity to commend Germany and the Netherlands for hosting FMCT experts meetings on Tuesday and Wednesday this week, which were in the same vein as the three experts’ side events that Japan and Australia held last year.  Meetings such as these help to inform and support the work of the CD.  At the same time, through the discussions of this chamber on an FMCT, the positions of many delegations have been revealed to the greatest extent possible and we have reached the point where we are all struggling to say anything more specific or different in a non-negotiation format.  It is therefore high time that we immediately start negotiating this treaty.

 

Thank you.