Rarotonga treaty may prevent sale of uranium to India



PLANS to sell uranium to India could hit a legal snag because of an anti-nuclear treaty Australia helped create.


Australian National University treaty law expert Don Rothwell says the South Pacific Nuclear Free Zone treaty, known as the Rarotonga treaty, stops Australia trading the nuclear material with India.

Prof Rothwell, who questioned the legality of the Malaysian solution before it was rejected by the High Court, has provided advice to the International Campaign to Abolish Nuclear Weapons.

“If India does not agree to Article III.1 Non-Proliferation Treaty safeguards and Australia were to export uranium to India, Australia would be in violation of its Treaty of Rarotonga obligations,” the legal advice says.

This could lead to a challenge from other countries that are part of the treaty.

Prime Minister Julia Gillard wants the ALP to agree to change its platform to allow sales of uranium to India, which she has said would create jobs in Australia and would still have safeguards attached.

A vote will be put to members at the party’s national conference this weekend.

The Coalition already has a policy to allow uranium sales to India.

Tim Wright, the Australian director of ICAN, said the Prime Minister had failed to consult her lawyers.

“Not only is the sale of uranium to India illegal, it is also highly dangerous given that India is rapidly bolstering its nuclear forces,” Mr Wright said.

Anti-nuclear campaigner for the Australian Conservation Foundation Dave Sweeney said it was an ill-conceived plan and it was not in Australia’s national interest to sell uranium to India.

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