International Convention on the Suppression of Acts of Nuclear Terrorism: briefing

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.