1996 African Nuclear Weapon Free Zone Treaty

Pelindaba Treaty / ANWFZ Treaty

• International Law Documents
  • Nuclear
    • Safeguards and Non-Proliferation

African Commission on Nuclear Energy

“Annex IV
Complaints Procedure and Settlement of Disputes

1. 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.
2. If the matter is not so resolved, the complaint Party may bring this complaint to the Commission.
3. 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.
4. 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 inspectorate 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 the 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 the 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 Organization of African Unity. The Organization of African 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.
5. The Commission may also establish its own inspection mechanism.”

Secretary-General of the Organisation of African Unity

Annex I: Map of an African Nuclear-Weapon-Free Zone

Annex II: Safeguards of the International Atomic Energy Agency

Annex III: African Commission on Nuclear Energy

Annex IV: Complaints Procedure and Settlement of Disputes

15/07/2009

“Article 18
Signature, Ratification and Entry Into Force

1. This Treaty shall be open for signature by any State in the African nuclear-weapon-free-zone. It shall be subject to ratification.
2. It shall enter into force on the date of deposit of the twenty-eighth instrument of ratification.
3. For a signatory that ratifies this Treaty after the date of the deposit of the twenty-eighth instrument of ratification, it shall enter into force for that signatory on the date of deposit of its instrument of ratification.”

1996 Protocol I to the Pelindaba Treaty

1996 Protocol II to the Pelindaba Treaty

1996 Protocol III to the Pelindaba Treaty

1964 Declaration on the Denuclearization of Africa

1968 Treaty on the Non-Proliferation of Nuclear Weapons

1986 Organization of African Unity Declaration on Security, Disarmament and Development

1996 Cairo Declaration

United Nations Office for Disarmament Affairs accessed on 10/08/2021