International Convention on the Suppression of Acts of Nuclear Terrorism: briefing
NCOP Economic and Business Development
11 October 2006
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Meeting report
SELECT COMMITTEE ON ECONOMIC AND FOREIGN AFFAIRS
11 October 2006
INTERNATIONAL CONVENTION ON THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM:
BRIEFING
Chairperson: Ms N Ntwanambi (ANC, Western Cape)
Documents handed out:
Department of
Minerals and Energy presentation to Select Committee on Economic and Foreign
Affairs
International
Convention for the Suppression of Acts of Nuclear Terrorism
SUMMARY
The Committee was briefed by the South African Police Services on the
International Convention for the Suppression of Acts of Nuclear Terrorism.
South Africa had already signed the Convention and the National Assembly had
agreed to it. The National Council of Provinces’ approval was required for full
ratification by Parliament. The Committee decided that it needed more time to
study the Convention before approving it.
MINUTES
Briefing on International Convention on the Suppression of Nuclear Terrorism
Assistant Commissioner PJ Jacobs (Legal Support, South African Police Services
(SAPS) Crime Operations) briefed the Committee on the International Conventions
that existed. South Africa’s position with regard to those conventions was
stated. In total there are 13 International Counter Terrorism Conventions and
South Africa has ratified 11 of those conventions. The obligation in terms of
the International Convention on the Suppression of Acts of Nuclear Terrorism is
that the jurisdiction of South African Courts be extended and that there must
be a political exception in extradition issues and the rights of
communication. The Prevention of
Organised Crime Act and the Financial Intelligence Centre Act have already been
amended and no new legislation was required to effectively implement the
convention. The President signed the convention on 14 September 2005, the day
after ratification was opened. This indicates South Africa’s seriousness on
this matter.
The convention aimed at the prevention and combating of terrorist activities
through the abuse of nuclear material. The convention is not applicable to the
activities of armed forces during an armed conflict that is regulated by
International Law. The convention does not address the legality of the use or
threat of use of nuclear weapons by states. There are 107 signatories to the
convention and eight state parties have already ratified it. The State Law
Advisers and Departments of Justice and Foreign Affairs were of the opinion
that ratification may proceed. The Department of Minerals and Energy (DME) recommended
that the Committee agree to the request for ratification of the International
Convention on the Suppression of Acts of Nuclear Terrorism as required by
section 231 (2) of the Constitution. Once both Houses of Parliament had
approved the Convention, the necessary steps will be taken by the Department of
Foreign Affairs to deposit the instrument of ratification.
Mr D Maqubela (Chief Director: Nuclear Energy, DME) stressed the importance of
ratifying the Convention.
Discussion
Mr N Hendricks (UIF, Western Cape) asked what SA’s position on uranium
enrichment was.
Mr Jacobs responded that there were a number of international obligations and
legal requirements with regard to uranium enrichment. The Convention does not
prohibit the peaceful use of nuclear material. South Africa was not against
uranium enrichment if it is for peaceful purposes.
Ms M Themba (ANC, Mpumalanga) wanted to know whether the Department of Minerals
and Energy was part of the process in the National Assembly when the convention
was accepted.
Mr Jacobs said that extensive consultation had been undertaken before the
Convention was submitted to the National Assembly. A committee headed by the
Department of Foreign Affairs coordinated the issues with other departments and
all were free to attend meetings.
Mr J Sibiya (ANC, Limpopo) asked whether the “big five” countries were
signatories to the Convention. He also asked how many countries had to be
signatories before the Convention can come into force. He asked what the
Convention provided in respect of retaliatory nuclear responses.
The Chairperson wanted to know what the Convention provided about countries
that used nuclear power to invade other countries.
Mr Jacobs said that it was up to International Law to determine whether an invasion
was legal or not. The big five were all signatories to the Convention and are
on the list of countries that have ratified the Convention.
The Chairperson said that the Committee would first have to study the
Convention before agreeing to it.
The meeting was adjourned.
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