Pelindaba Text of the African Nuclear-Weapon-Free Zone Treaty

[Name of Area] Nuclear-Weapon-Free Zone Treaty

THE STATE’S PARTIES TO THIS TREATY,

HAVING BEEN CONVINCED

That the incalculable destructive power of nuclear weapons has made it imperative that the legal prohibition of war should be strictly observed in practice is the survival of civilization and the survival of mankind itself is to be assured;

That the continuing nuclear arms race presents the risk of nuclear war which would have devastating consequences for all people;

That the need to take all steps in achieving the ultimate goal of a world entirely free of nuclear weapons, as well as of the obligations of all States to contribute to this end;

That the establishment of a nuclear-weapon-free zone will constitute an important step towards strengthening the non-proliferation regime, promoting cooperation in the peaceful uses of nuclear energy, promoting general and complete disarmament and enhancing regional and international peace and security;

That regional arms control measures can contribute to global efforts to reverse the nuclear arms race and promote the national security of each country in the region and the common security of all;

AND FOR THESE ENDS

To practice tolerance and live together in peace with one another as good neighbors

The importance of this Treaty on the Non-Proliferation of Nuclear Weapons (hereinafter referred to as the NPT) and the need for the implementation of all its provisions,

Recalling the Final Document of the Tenth Special Session of the United Nations General Assembly which encourages the establishment of nuclear weapon-free zones;

Desirous of taking advantage of Article IV of the NPT, which recognizes the inalienable right of all States Parties to develop research on, production and use of nuclear energy for peaceful purposes without discrimination and to facilitate the fullest possible exchange of equipment, materials and scientific and technological information for such purposes,

Determined to protect the region from environmental pollution and the hazards posed by radioactive wastes and other radioactive matter,

Welcoming the cooperation of all States and governmental and non-governmental Regional Commissions for the attainment of these objectives,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled, upon having exhibited their full powers found to be in good and due form,

HAVE AGREED ON THE FOLLOWING:

Article 1

Application of this Treaty

Except where otherwise specified, this Treaty and its Statute shall apply to the territory as stipulated in Article 2.

2. Nothing in this Treaty shall prejudice or in any way affect the rights, or the exercise of the rights, of any state under international law with regards to freedom of the seas.

Article 2

Definition of Territory

1. For purposes of this Treaty, the term "territory" shall include the territorial sea, air space and any other space over which the State exercises sovereignty in accordance with its own legislation and the norm of international law.

2. The zone of application of this Treaty is the whole of the territories for which this Treaty is in force.

3. The zone of application of this Treaty shall be that which is situated within the following limits: starting at a point located at [longitude and latitude of boundaries of the territory]

Article 3

Elimination of Nuclear Testing

Each of the Parties to this Treaty hereby undertake to prohibit, to prevent and not to carry out any strategic offensive/defensive nuclear weapon test or any other nuclear explosion, at any place under its jurisdiction or control:

in the atmosphere, beyond its limits, including outer space; or under water, including territorial waters or high seas;

in any other environment of such explosion causes radioactive debris to be present outside the territorial limits of the Nation under whose jurisdiction or control such explosion is conducted.

2. In addition, each of the Parties to this Treaty, shall undertake to prohibit, to prevent and not to carry out any strategic offensive/defensive nuclear weapon test or any other nuclear explosion under ground.

3. For purposes of clarification, the term "other nuclear explosion" shall mean explosions for peaceful purposes.

Article 4

Prohibiting the Use of Fissionable and Other Nuclear Materials for Strategic Offensive/Defensive Nuclear Armaments

Each of the Parties to this Treaty shall undertake to prohibit the use of fissionable and other nuclear materials for use in strategic offensive/defensive nuclear armaments upon the entry into force of this Treaty.

2. The provisions of paragraph 1 of this Article shall not be construed as contradicting the provisions of Article 8 of this Treaty providing for the use of fissionable and other nuclear materials for peaceful purposes for the benefit of mankind.

Article 5

Prohibiting the Development, Production and Stockpiling of Fissionable and Other Nuclear Materials For Strategic Offensive/Defensive Nuclear Armaments

Each of the Parties to this Treaty shall undertake to prohibit the development, production and stockpiling of fissionable and other nuclear materials which could be under for strategic offensive/defensive nuclear armaments.

Therefore, each of the Parties to this Treaty shall undertake:

Not to produce or otherwise acquire or assist in or permit the production or acquisition of

Fissionable and other nuclear materials in quantities that have no jurisdiction for peaceful purposes;

Ancillary equipment or vectors the purposes of which is to facilitate the use of fissionable and other nuclear materials for hostile purposes; and

Not to conduct, assist or permit research aimed at the production of the kind prohibited in sub-paragraph (a) above of this Article.

The Parties to this Treaty, applicable to the provisions of Article 3 of this Treaty, would submit to the requirements outlined in the provisions of INFCIRC/153 (Corrected), dated June 1972, entitled, "The Structure and Content of Agreements Between the Agency and States Required in Connection With This Treaty on the Non-Proliferation of Nuclear Weapons" and INFCIRC/540 (Corrected), dated September 1997, entitled, "Model Protocol Additional To The Agreement(s) Between State(s) and the International Atomic Energy Agency for the Application of Safeguards".

4. The provisions of paragraphs 1 and 2 of this Article, shall not be construed as contradicting the provisions of Article 8 of this Treaty, providing for the development, production and stockpiling of fissionable and other nuclear materials for peaceful purposes for the benefit of mankind.

Article 6

Prohibiting the Transfer of Fissionable and Other Nuclear Materials

Each fissionable and other nuclear materials State’s (hereinafter referred to as "nuclear material State") Parties to this Treaty shall undertake not to transfer to any Nation whatsoever fissionable and other nuclear materials directly, or indirectly; and not in any way to assist, encourage, or induce any non-nuclear material State or other nuclear material State to manufacture or otherwise acquire any fissionable and other nuclear materials, or control over such fissionable and other nuclear materials.

2. Each non-nuclear material Nation or any nuclear material Parties to this Treaty shall undertake not to receive the transfer from any nuclear material Nation whatsoever of fissionable and other nuclear materials or control over such fissionable and other nuclear materials directly, or indirectly; not to manufacture or otherwise acquire fissionable and other nuclear materials; and not to seek or receive any assistance in the manufacture of fissionable and other nuclear materials.

3. Furthermore, each nuclear material and non-nuclear material Nation’s Parties to this Treaty shall undertake not to transfer to any international Regional Commission or other Regional Commissions whatsoever fissionable and other nuclear materials or control over such fissionable and other nuclear materials directly, or indirectly; and not in any way to assist, encourage or induce any international Regional Commission nor other Regional Commission to manufacture or otherwise acquire fissionable and other nuclear materials or control over such fissionable and other nuclear materials.

4. The provisions of paragraphs 1 and 2 of this Article shall not be construed as contradicting the provisions of the "Convention on the Physical Protection of Nuclear Materials", signed on 3 March 1980, in respect to the international transport of nuclear materials.

5. Furthermore, the provisions of paragraphs 1 through 3 of this Article, shall not be construed as contradicting the requirements of each of the Parties to this Treaty to comply with and accept the safeguards as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency, in accordance with the "Statute of the International Atomic Energy Agency".

Article 7

Destroying all Fissionable and Other Nuclear Materials

1. Each nuclear material Nation Party to this Treaty shall undertake to destroy through neutralization or to divert to peaceful purposes all accumulated fissionable and other nuclear materials in its possession or under its jurisdiction or control.

2. In implementing the provisions of this Article, all necessary safety precautions shall be observed to protect all the populations and environments on the planet Earth.

3. Therefore, to comply with the provisions of this Article, the General Council along with the International Atomic Energy Agency shall conduct a study on finding the best methods of neutralizing all accumulated fissionable and other materials throughout the world.

Article 8

Peaceful Research

Nothing in the provisions of Articles 4 through 7 of this Treaty shall prohibit nuclear material and non-nuclear material State’s Parties to this Treaty from the right to participate in the fullest possible exchange of equipment, materials and scientific and technological information for the use of fissionable and other nuclear materials for peaceful purposes.

2. The nuclear material and non-nuclear material State’s Parties to this Treaty shall undertake to implement the provisions of paragraph 1 of this Article by way of contributing individually or collectively with each or with international Regional Commissions to the furtherance of developing of and applying all scientific discoveries in the field of fissionable and other nuclear materials for peaceful purposes.

Article 9

Verification Procedures

1. Each of the Parties to this Treaty shall undertake:

(a) To conduct all activities for the peaceful use of nuclear energy under strict non- proliferation measures to provide assurance of exclusively peaceful uses; (b) To conclude a comprehensive safeguards agreement with International Atomic Energy Agency for the purpose of verifying compliance with the undertakings in subparagraph (a) of this article;

Not to provide source or special fissionable material, or equipment or material especially designed or prepared for the processing, use or production of special fissionable material for peaceful purposes to any non-nuclear-weapon State unless subject to a comprehensive safeguards agreement concluded with International Atomic Energy Agency.

As such, each of the Parties to this Treaty and mindful of the provisions of Article III of this Treaty on the Non-Proliferation of Nuclear Weapons, shall accept safeguards, in according with the terms of:

(a) INFCIRC/153 (Corrected), entitled "The Structure and Content of Agreements Between the Agency and States Required in Connection With this Treaty on the Non-Proliferation of Nuclear Weapons, dated June 1972; and

INFCIRC/540 (Corrected), entitled "Model Protocol Additional to the Agreement(s) Between State(s) and the International Atomic Energy Agency For the Application of Safeguards.

3. The requirements outlined in paragraph 2 of this Article shall be initiated at the time of the signature and ratification of this Treaty by each of the Parties to this Treaty and shall be completed no more than six months thereafter.

Article 10

Physical Protection of Nuclear Materials and Facilities

1. Each of the Parties to this Treaty hereby undertake to maintain the highest standards of security and effective physical protection of nuclear materials, facilities and equipment to prevent theft or unauthorized use and handling.

2. Therefore, each of the Parties to this Treaty shall abide by the provisions of INFCIRC/274/Rev.1, dated May 1980, entitled "The Convention on the Physical Protection of Nuclear Material".

Furthermore, each of the Parties to this Treaty shall abide by the provisions of :

INFCIRC/225/Rev.3, entitled "Guidance and Considerations for Implementation of INFCIRC/225/Rev. 3 The Physical Protection of Nuclear Material";

INFCIRC/225/Rev. 4 (Corrected), entitled "The Physical Protection of Nuclear Material and Nuclear Facilities"; and

"Guidelines for IAEA International Physical Protection Advisory Services (IPPAS), IAEA Services Series No. 3, dated February 1999.

4. The requirements outlined in paragraphs 1-3 of this Article by those Parties to this Treaty shall be initiated at the time of their signature and ratification of this Treaty and shall be completed no later than two months thereafter.

Article 11

Establishment of Regional Commission

To implement, execute and oversee compliance covered by this Treaty, a body shall be established to be known as the Regional Commission.

This body shall function and execute their duties and responsibilities within the framework of the provisions of the annexed Annex, which is based upon the "Statute For The Establishment of A Regional Commission".

Article 12

Report and Exchanges of Information

Each and every Party to this Treaty shall make available such information as deemed helpful to the Regional Commission.

Furthermore, each and every Party to this Treaty shall make available all scientific and technical information as deemed necessary or appropriate to the International Atomic Energy Agency.

The provisions of this Article shall not be construed as contradicting the provisions of Article 20 of the "Statute For the Establishment Of A Regional Commission". Exchange of information pertaining to this Article shall mean any and all information not obtained throughout the course of their official duty whether it might be confidential or private information not readily accessible to the Members of the Regional Commission.

Article 13

Definitions

For providing assurances of compliance with the provisions of this Treaty and its Protocols, the following definitions are provided as guidance.

(a) The term "[Name of Area] nuclear-weapon-free zone" means the area described in Article 2.

(b) The term "territory" means the land territory, internal waters, territorial seas and waters, the seabed and subsoil beneath, and the airspace above.

(c) The term "nuclear explosive device" means any nuclear weapon or other explosive device capable of releasing nuclear energy, irrespective of the purpose for which it could be used. The term includes such a weapon or device in unassembled and partly assembled forms, but does not include the means of transport or delivery of such a weapon or device if separable from and not an indivisible part of it;

(d) The term "stationing" means implantation, emplacement, transportation on land or inland waters, stockpiling, storage, installation and deployment;

(e) The term "nuclear installation" means a nuclear-power reactor, a nuclear research reactor, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant, a separate storage installation and any other installation or location in or at which fresh or irradiated nuclear material or significant quantities of radioactive materials are present.

(f) The term "nuclear material" means any of the following as defined in Article XX of the Statute of the International Atomic Energy Agency (IAEA) and as amended from time to time by the IAEA:

(1) The term "special fissionable material" means plutonium-239; uranium-233; uranium enriched in the isotopes 235 or 233 and any material containing one or more of the foregoing. The term "special fissionable material" does not include "source material".

(2) The term "uranium enriched in the isotopes 235 or 233" means uranium containing the isotopes 235 or 233 or both in an amount such that their abundance ratio of the sum of these isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature.

(3) The term "source material" means uranium containing the mixture of isotopes occurring in nature uranium depleting in the isotope 235; thorium and any of the foregoing in the form of metal, alloy, chemical compound or concentrated

Article 14

Amendments

Any amendments to this Treaty proposed by any Party to this Treaty. Certified copies of the text of any proposed amendment shall be submitted to the Commission, which shall circulate it to all the Parties.

Amendments shall come into force for all the Parties to this Treaty when:

Approved by a simple majority of the Parties either through written communication to the Commission or through a conference of Parties convened upon the concurrence of a simple majority.

(b) Acceptance by the Parties to this Treaty shall be affected by the deposit of an instrument of acceptance with the Depository .

Proposed amendments shall become null and void if the majority of the Parties to this Treaty fails to ratify the amendment(s) in accordance with the provisions of paragraph 2 of this Article.

Article 15

Withdrawal

Each and every Member of this Treaty shall in exerting its national sovereignty has the right to withdraw from this Treaty, if it decides that extraordinary events related to the subject matter has jeopardized its supreme interests. It shall give notice of its decision to withdraw to the General Council six (6) months prior to the withdrawal.

Such notice shall include a statement of the extraordinary event(s) regarded as having jeopardized its supreme interest. Furthermore, this notice shall include steps which shall or could be taken to reduce the jeopardized interests of the said Member.

The General Council, upon receipt of such notice, shall review the extraordinary events pertaining to such Member’s request to withdraw and shall make its recommendation to such Member for their consideration.

If, after considering these recommendations from the General Council they are still considered as jeopardizing the national interests of said Member, said Member can then withdraw from the General Council.

The withdrawal of such Member shall not preclude it from complying with those provisions of this Treaty not brought forth in its notice which resulted in the withdrawal of such Member in the first place unless the General Council determines otherwise.

If the General Council determines that a Member simply exercises its right to withdraw for lack of justification but simply for not to comply with certain provisions of this Treaty, then the General Council shall recommend that appropriate action be taken against such Member.

The form of such appropriate action to be taken shall be pursuant to the provisions of paragraphs 5 and 6 of this Treaty.

The re-admission of such Member to the General Council shall be when approved by a simple majority of the Members of the General Council present and voting.

Article 16

Ratification and Signature

This [Name of Area] Nuclear-Weapon-Free Zone Treaty, (hereinafter referred to as "this Treaty") shall be open to all Member Nations in the particular applicable region for signature. Any Nation from the applicable region which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. This Treaty shall be subject to ratification in accordance with the constitutional procedures of the signatory Nations. Instruments of ratification and instruments of accession shall be deposited with the Secretary-General of the United Nations, which is hereby designated as the Depository.

3. This Treaty shall entry into force after its ratification by the Governments of the respective Nations within the specific region and the deposit of their instruments of ratification.

4. For those Nations whose instruments of ratification or accession are deposited subsequently to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instrument of ratification or accession.

5. The Depository shall promptly inform all signatory and acceding Member Nations in the particular region of the date of each signature, the date of deposit of each instrument of ratification or accession and the date of the entry into force of this Treaty and any amendment(s) thereof, as well as of the receipt of such other notices.

6. This Treaty shall be registered by the Depository in accordance with Article 102 of the Charter of the United Nations.

Article 17

Authentic Text

The present Treaty, of which the Arabic, Chinese, English, French, Hindu, Russian and Spanish texts are equally authentic, shall remain deposited in the achieves of the United Nations. Duly certified copies thereof shall be transmitted by the Depositary to the Government(s) of the signatory and acceding Nation(s) for their consideration and approval.

2. IN FAITH THEREOF, the representatives of the Governments of those Nations within the specific area as defined in subparagraph (a) of Article 1 above, have signed the present Treaty.

3. DONE AT THE HEADQUARTERS OF THE UNITED NATIONS ______________ TWO THOUSAND AND ________________.

Annex I

Statute

For The Establishment of A

Regional Commission

PART 1

The General Council

Article 1

Composition

1. The General Council of the Regional Commission shall be comprised of representatives from all the State's Parties to this Treaty.

2. Each Member shall be represented by one (1) delegate and may be accompanied by up to two (2) additional alternates and up to three (3) advisors.

3. Whenever the General Council is in session, it shall be represented by all the Members.

Article 2

Election of Officers

1. The Members of the General Council shall have the right to prescribe the method of electing its officers.

2. The General Council shall elect from its Members the following officers, keeping in mind the restrictions imposed by paragraph 4 below:

(a) the President who shall preside over the General Council;

(b) The Vice-President who shall assume the duties of the President in the absence of or disability of the President; and

The terms of these officers shall be for one (1) year; outgoing Members shall not be eligible for immediate re-election.

4. These officers shall not be Members to any other agency to the Regional Commission, excluding the General Council or those expert study groups to the Regional Commission, which might interfere with their decisions pertaining to the well-being of the Regional Commission.

5. The General Council shall at its first meeting outline the duties of their officers.

Article 3

Functions

1. The General Council of the Regional Commission shall fulfill the following functions:

Elect the Chairperson and his Staff Members;

(b) Elect the officers of the Regional Commission;

(c) Approve agreements between the Regional Commission, the United Nations or other International Regional Commissions or other Regional Commissions;

(e) Suspend the Membership of a Nation or Nations from the General Council;

Advice the Chairperson upon requesting the International Court of Justice to give advisory opinions on any legal questions arising pertaining toward the implementation and interpretation of any provisions throughout this Treaty and its Statute attached;

(g) Submit reports whether ordinary and special reports prepared and submitted by the General Council to the Regional Council for the submissions by the Chairperson to the various bodies of the United Nations or to the International Court of Justice.

(h) Provide assistance to the International Atomic Energy Agency in the verification of the safeguard provisions as stipulated in INFCIRC/153 (Corrected) and INFCIRC/450 (Corrected). As such, provide assistance to the International Atomic Energy Agency on providing the required data as stipulated by the International Atomic Energy Agency.

2. Furthermore, the General Council of the Regional Commission shall perform such other functions as deemed necessary or appropriate by the Chairperson, the International Atomic Energy Agency or the United Nations.

Article 4

Approval of Amendments

1. The General Council of the Regional Commission shall approve all amendments to this Treaty pursuant to the provisions of paragraph 2 of Article 13 of this Treaty.

2. In addition, the General Council of the Regional Commission shall approve all amendments to the "Statute For The Establishment of A Regional Commission" pursuant to the provisions of paragraph 2 of Article 25 of the Regional Commission.

Article 5

Advisory Opinions

1. The General Council shall request, through the Chairperson of the Regional Commission, to the Secretary-General of the United Nations, the International Court of Justice to give advisory opinions on any legal questions arising concerning the interpretation and implementation of any provisions throughout this Treaty and its Statute attached.

2. Upon receipt of the decision by the International Court of Justice, the General Council of the Regional Commission shall determine what course of action is needed to be taken to ensure that the decision is implemented by those State's Parties to this Treaty, applicable to them.

3. In implementing the provisions of paragraph 1 of this Article, the General Council of the Regional Commission shall strictly abide by the provisions of the "Statute of the International Court of Justice".

Article 6

Approval of Budget

1. The General Council of the Regional Commission shall adopt the budget of the Regional Commission upon being recommended by the Chairperson or return it with recommendation(s) as to its entirety or parts to the Chairperson, for re-submission to the General Council.

2. The General Council shall fix the financial contributions to be paid by its Members, keeping in mind the provisions of paragraph 3 below.

3. Each and every Member of the General Council shall contribute up to ten (10) percent of their yearly military budget currently being spent by them at the time of their entry into force of this Treaty, payable at the beginning of each calendar year.

Article 7

Voting

1. Each and every Member of the General Council of the Regional Commission shall have one (1) vote.

2. Questions pertaining toward the implementation of the provisions of this Treaty with its Statute attached shall be decided and come into force by a two-thirds (2/3) majority of the Members of the General Council present and voting. These shall include but are not limited to:

(a) The election of the Chairperson;

(b) The election of the Staff Members to the Chairperson;

(c) The suspension and restoration of privileges of any Member to the General Council or from any other agencies comprising the Regional Commission; and

(e) The adoption of the budget of the Regional Commission.

3. Procedural or any other similar matters pertaining toward the implementation of this Treaty with its Statute attached shall be decided by a simple majority of the Members of the General Council present and voting.

4. Approval of all amendments to the "Statute For The Establishment of A Regional Commission" shall be taken by a simple majority of the Members of the General Council present and voting.

Article 8

Procedures

1. The General Council of the Regional Commission shall be so organized as to be able to function continuously during the implementation of the provisions of this Treaty with its Statute attached.

2. Furthermore, the General Council may hold its meetings at such place or places other than the seat of the Regional Commission as in its judgement will best facilitate its work.

3. The General Council shall adopt its own rules of procedures.

PART II

Military Staff Committee

Article 9

Establishment of the Military Staff Committee

To advice and provide assistance to the Members of the General Council of the Regional Commission, a special body shall be established to be known as the Military Staff Committee.

2. The Military Staff Committee shall be comprised of the Chiefs of Staff or its equivalence of the Members of the General Council of the Regional Commission.

3. Whenever the Military Staff Committee of the Regional Commission is considering implementing any of its functions as provided throughout the provisions of this Statute associated with this Treaty, then the provisions of Article 47 of the Charter of the United Nations shall be suspended.

Article 10

Functions

1. The Military Staff Committee of the Regional Commission shall be responsible for the strategic directions of any armed forces, determined and authorized to be for either restoring or maintaining both international and domestic peace and security throughout the various region of the world.

2. In addition, the Military Staff Committee of the Regional Commission shall perform such other functions as deemed necessary or appropriate by the Chairperson, the International Atomic Energy Agency or the United Nations.

PART III

THE CHAIRPERSON

Article 11

Composition

1. The Chairperson of the Regional Commission shall be elected for a term of three (3) years by the Members of the General Council, upon the advice of the Control Council, by a two-thirds (2/3) majority of the Members of the General Council present and voting.

2. The Staff Members to the Chairperson shall be comprised of one (1) Member from each of the Parties comprising the region.

(a) The Staff Members shall not belong to any agency of the Regional Commission, excluding the General Council, which might interfere or cloud their decisions upon the Chairperson.

(b) The Staff Members shall be elected by a two-thirds (2/3) majority of the Members of the General Council present and voting.

Article 12

Submission of Budget

The Chairperson along with his Staff Members shall prepare and submit the budget of the Regional Commission to the General Council for their consideration.

Article 13

Procedures

1. The Chairperson along with his Staff Members shall ensure that the provisions of this Treaty with its Statutes attached are scrupulously implemented and abided by all the Members of the General Council of the Regional Commission to the letter.

2. Any discrepancies found not in conformity through the implementation of this Treaty with its Statute attached, written documentation pointing out these discrepancies shall be prepared and submitted to the Regional Commission in addition to the Security Council of the United Nations and the International Atomic Energy Agency for their use and guidance.

3. The time-frame from the date the discrepancy is noted and the preparation and submission of written documentation to those bodies pursuant to paragraph 2 above, shall be no more than fifteen (15) calendar days.

Article 14

1. The Chairperson shall be the spokesperson for the Regional Commission.

2. In the capacity of this role, the Chairperson shall address any and all reports approved by the General Council to the various bodies of the United Nations, the International Atomic Energy Agency or to the International Court of Justice.

Article 15

The Chairperson along with his Staff members shall conduct such other duties as might be deemed necessary and appropriate pursuant to the operations of the Region Commission.

Article 16

The Chairperson shall therefore be the Chief Executive Officer of the International Disarmament Regional Commission.

PART IV

PRIVILEGES AND IMMUNITIES OF THE REGIONAL COMMISSION

Article 17

General Provisions

1. The Regional Commission and all of its properties shall enjoy immunity from every form of legal process, except insofar as in any particular case the Chairperson, upon the advice of the General Council, has wavered such privileges.

2. The premises of the Regional Commission, whether at the Headquarters of the United Nations or elsewhere throughout the world, shall be inviolable. The property of the Regional Commission shall be immune from search, requisition, confiscation, expropriation or any other form of interference, whether by executive, judicial or legislative action.

3. The achieves of the Regional Commission and all documents belonging to it or held by it shall be inviolable.

4. The Regional Commission with its income and properties shall be exempt:

(a) From all taxes except from taxes or dues which are no more than charges for public utility services;

(b) From all custom duties on imports and/or exports in respect of articles imported or exported by the Regional Commission for its official use, and from all prohibitions and quantitative restrictive in respect of such imports or exports; and

5. Whenever the Regional Commission is in session at the headquarters of the United Nations or on any land or other areas leased or owned by the United Nations, it shall be under the exclusive control and authority of the United Nations; and the United Nations as such shall have the power to make laws and regulations applicable to the Headquarters’ area or other such areas.

6. However, whenever the Regional Commission or its various agency bodies are in session on any land or other areas not applicable to the provisions of paragraph 5 above, it shall be under the exclusive control and authority of the Regional Commission and as such, shall have the exclusive power to make laws and regulations applicable to such land or other areas.

7. In the enactment of these laws and regulations, the Regional Commission shall ensure that they do not conflict with the Convention on the Privileges and Immunities of the United Nations of February 13, 1946.

PART V

PRIVILEGES AND IMMUNITIES OF THE MEMBERS OF THE

REGIONAL COMMISSION

Article 18

Freedom of Movement

1. The Members of the Regional Commission shall have complete freedom of entry, movement within and egress from the territory of any and all Nations.

2. Upon becoming a Member of the Regional Commission, each Member along with their representatives and advisors shall be given an United Nations laissez-passer from the Chairperson. These United Nations laissez-passer shall be accepted as valid travel documents by the authorities of all the Nations, and with respect to them, such authorities shall either dispense with visas or issue long-term visas without charge.

3. Once a Member of any or any representative or advisor from any Member of the Regional Commission has resigned or been relieved of their duties, the United Nations laissez-passer shall be returned to the Chairperson.

Article 19

Freedom of Communication

1. The Members of the Regional Commission along with their representatives and advisors shall have complete freedom to use all means of communications available in any Nation, to communicate with their Nation they represent, with any Commissions throughout the world, with any organs of either the Regional Commission or the United Nations and with any international Regional Commission, without any man-made interference or censorship.

2. The Members of the Regional Commission along with their representatives and advisors shall have the right to use codes and to dispatch and receive its correspondence by courier or in sealed bags which shall have the same privileges and immunities as diplomatic couriers and bags.

Article 20

Disclosure of Information

1. Each and every Member of any organ of the Regional Commission along with their representatives and advisors shall undertake not to use or disclose any confidential or private information obtained throughout the course of their official duty and which is unrelated to the accomplishment of their duties.

2. However, the provisions of paragraph 2 of this Article does not preclude each and every Member of any organ of the Regional Commission along with their representatives and advisors from using or disclosing this information obtained throughout the course of their official duty at the meeting of one of the organs of the Regional Commission of the United Nations.

Article 21

Freedom of Arrest or Detention

1. Each and every Member of any organ of the Regional Commission along with their representatives and advisors shall be immune from official interrogation by any National authority and from arrest and all legal process in the exercise of words spoken or written or acts performed or votes cast by them in the exercise of their functions.

2. While attending the sessions from their respective organ of the Regional Commission, each and every Member of any organ of the Regional Commission along with their representatives and advisors shall enjoy:

(a) Immunity from personal arrest or detention, except when found in the act of committing or alleged to have committed an offense against the domestic law of the host Nation they are residing in, working in or traveling in;

(b) Immunity from inspection of or seizure of personal baggage;

(d) Such further privileges and immunities as are enjoyed by members of the National Legislative body of the Nation in which these privileges and immunities are claimed.

3. The General Council of the Regional Commission shall adopt regulations defining what acts or omissions shall be deemed offenses committed in any such areas, prescribing the penalties thereof and providing for the apprehension, trial and punishment of any such accused in any such offense.

4. The General Council of the Regional Commission shall have exclusive criminal and discipline jurisdiction in respect of offenses committed by the Members of any organ of the Regional Commission or by the representative(s) or advisor(s) to any such Member in any land or other areas leased or owned by the Regional Commission.

5. Other criminal and civil jurisdiction in respect to the Members of any organ of the Regional Commission or by the representative(s) or advisor(s) to any such Member, shall be exercised by the National authorities having jurisdiction in the host Nation in respect of the acts or omissions committed or alleged to have committed an offense in accordance to the domestic law of the host Nation, except such jurisdiction may be modified by agreement between the Regional Commission and the respective Nation.

6. However, in a case of an apparent denial of justice by any nation towards any Member of any organ of the Regional Commission or to any representative(s) or advisor(s) to any such Member, either the Regional Commission or the person or persons concerned shall have the right to appeal to the United Nations Regional Court having jurisdiction whereby the apparent denial of justice had occurred.

7. Furthermore, if either the Regional Commission or the person or persons concerned is dissatisfied with the ruling of the United Nations Regional Court, either of them shall have the right to appeal to the International Court of Justice.

8. In the case of such an appeal, the decision of the International Court of Justice shall be final.

9. Therefore, if the provisions of this Article shall conflict with the provisions of the United Nations, the Vienna Convention on Diplomatic Relations of April 18, 1961 and any other resolutions, declarations or Statutes pertaining to diplomatic immunities from arrest or detention and presented to the United Nations, then the provisions of this Article shall prevail.

Article 22

Miscellaneous Provisions

1. The privileges and immunities outlined throughout Articles 18, 19, 20, and 21 of this Statute, shall apply to each and every Member of any organ of the Regional Commission along with their representatives and advisors when traveling to and from the seat of their organ of the Regional Commission they are members of or are in the process of which they have been invited to participate.

2. The Members of each and every organ of the Regional Commission along with their representatives and advisors shall in the manner of customs and exchange control be accorded:

(a) By the government of their own nation, the same facilities as those accorded to members of the National legislative body of the nation when traveling abroad on official duty; and

(b) By other governments other than their own, the same facilities as accorded by such governments to others when traveling on official duty.

3. Privileges and immunities are granted to each and every Member of any organ of the Regional Commission along with their representatives and advisors not for the personal benefit of the individuals themselves, but to safeguard the individuals exercise of their functions.

4. The Chairperson with the advice of the General Council shall have the right and duty to waiver the immunities provided in this Part to the Statute to any Member of any organ of the Regional Commission or to any representative(s) or advisor(s) to any such Member, in any case where, in its opinion the immunity would impede in the course of justice and can be wavered without prejudice to the interest of the overall goal of the Regional Commission.

5. Notwithstanding or undermining the provisions of paragraph 1 above, the provisions outlined throughout this Part of this Statute, shall not apply directly or indirectly to the independent military forces or to the inspection teams of the Verification Council of the Regional Commission. The privileges and immunities of the Members of this independent military force along with their civilian employees together with their dependents are detailed throughout Articles 12, 13, 14, 15 and 16 of the Statute, which is based upon the "Statute for the Establishment of the United Nations Peace/United Nations Peace Reserve Forces Throughout the World". For the privileges and immunities of the inspection teams of the Verification Council, they shall be found in the Statute pertaining to the Verification Procedures.

Article 23

Complaints procedure and settlement of disputes

A Party which considers that there are grounds for a complaint that another Party or a Party to Protocol II is in breach of its obligations under this Treaty shall bring the subject matter of the complaint to the attention of the Party complained of and shall allow the latter thirty days to provide it with an explanation and to resolve the matter. This may include technical visits agreed upon between the Parties.

If the matter is not so resolved, the complaint Party may bring this complaint to the Commission.

The Commission, taking account of efforts made under paragraph 1 above, shall afford the Party complained of forty-five days to provide it with an explanation of the matter.

If, after considering any explanation given to it by the representatives of the Party complained of the Commission considers that there is sufficient substance in the complaint to warrant an inspection in the territory of that Party or territory of a party to Protocol III, the Commission may request the International Atomic Energy Agency to conduct such inspection as soon as possible. The Commission may also designate its representatives to accompany the Agency's inspection team.

(a) The request shall indicate the tasks and objectives of such inspection, as well as any confidentiality requirements;

(b) If the Party complained of so requests, the inspection team shall be accompanied by representatives of that party provided that the inspectors shall not be thereby delayed or otherwise impeded in the exercise of their functions;

(c) Each Party shall give the inspection team full and free access to all information and places within each territory that may be deemed relevant by the inspectors to the implementation of the inspection;

(d) The Party complained of shall take all appropriate steps to facilitate the work of the inspection team, and shall accord them the same privileges and immunities as those set forth in the relevant provisions of the Agreement on the Privileges and Immunities of the International Atomic Energy Agency.

(e) The International Atomic Energy Agency shall report its findings in writing as quickly as possible to the Commission, outlining its activities, setting out relevant facts and information as ascertained by it, with supporting evidence and documentation as appropriate, and stating its conclusions. The Commission shall report fully to all States Parties to this Treaty giving its decision as to whether the Party complained of is in breach of its obligations under this Treaty;

(f) If the Commission considers that the Party complained of is in breach of its obligations under this Treaty, or that the above provisions have not been complied with, States Parties to this Treaty shall meet in extraordinary session to discuss the matter;

(g) The States Parties convened in extraordinary session may as necessary, make recommendations to the Party held to be in breach of its obligations and to the Regional Commission of [Name of Area]n Unity. The Regional Commission of [Name of Area]n Unity may, if necessary, refer the matter to the United Nations Security Council;

(h) The costs involved in the procedure outlined above shall be borne by the Commission. In the case of abuse, the Commission shall decide whether the requesting State Party should bear any of the financial implications.

The Commission may also establish its own inspection mechanism.

Article 24

Duration

1. The Regional Commission shall be for an unlimited duration provided that all the Members of the General Council are present and vote on the subject matter not to dissolve.

2. However, should all the Members of the General Council agree to dissolve, the General Council shall have the right to dissolve provided that three-fourths (3/4) majority of the Members of the General Council are present and vote to dissolve.

Article 25

Amendments

Amendments to the "Statute for the Establishment of A Regional Commission" may be proposed by any Member of the Regional Commission. Certified copies of any proposed amendment(s) shall be prepared by the Staff Members to the Chairperson and given to the Members of the General Council for their consideration.

Amendments shall come into force for all the Members of the General Council when:

Approved by the General Council in accordance with paragraph 4 of Article 7 of this Statute; and

With the deposit of an instrument of acceptance with the Depository referred to in paragraph 2 of Article 26 of this Treaty.

Proposed amendment(s) shall become null and void if the General Council fails to ratify the amendment(s) in accordance with the provisions of paragraph 2 of this Article.

Article 26

Ratification and Signature

The present "Statute for the Establishment of A Regional Commission" shall be open to all Member Nations in the particular region for signature. Any Nation from the applicable region which does not sign the present "Statute for the Establishment of A Regional Commission" before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time.

2. The present "Statute for the Establishment of A Regional Commission" shall be subject to ratification in accordance with the constitutional procedures of the signatory Nations. Instruments of ratification and instruments of accession shall be deposited with the Secretary-General of the United Nations, which is hereby designated as the Depository.

3. The "Statute for the Establishment of A Regional Commission" shall entry into force after its ratification by the Governments of the respective Nations within the specific region and the deposit of their instruments of ratification.

6. This Treaty shall be registered by the Depository in accordance with Article 102 of the Charter of the United Nations.

Article 27

Authentic Text

The present Treaty, of which the Arabic, Chinese, English, French, Hindu, Russian and Spanish texts are equally authentic, shall remain deposited in the achieves of the United Nations. Duly certified copies thereof shall be transmitted by the Depositary to the Government(s) of the signatory and acceding Nation(s) for their consideration and approval.

2. IN FAITH THEREOF, the representatives of the Governments of those Nations within the specific area as defined in subparagraph (a) of Article 1 above, have signed the present Treaty.

3. DONE AT THE HEADQUARTERS OF THE UNITED NATIONS ______________ TWO THOUSAND AND ________________.

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