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Ratification of the Amendments of the International Atomic Energy Agency (IAEA) Statute

Presentation to the Select Committee on Economic Development

09 November 2010

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LAYOUT

Introduction

Mandate of the Department

Status of RSA with the IAEA

Amendments of the Statute

Need for ratification

Conclusions

Recommendation

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INTRODUCTION

The Statute of the IAEA was approved on 23 October 1956 and came into force on 29 July 1957.

The Statute establishes the IAEA. The IAEA is a United Nations body tasked to assist countries worldwide to promote and disseminate information for the use of atomic energy for peaceful purposes, and to develop a system of controls to prevent the diversion of atomic materials for military use.

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INTRODUCTION

IAEA Mission is guided by the interests and needs of the Member States. There are 151 IAEA Member States. The three main areas of work underpin the IAEA’s work: Nuclear Safety & Security, Science and Technology, and Safeguards and Verification.

Policy making bodies: IAEA Board of Governors & Annual General Conference

Policy making bodies set decisions regarding the IAEA’ s work programmes and budget.

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Mandate of the Department

Administration of all matters related to nuclear energy as required by legislation and international agreements.

Nuclear Energy Act, Act No 46 of 1999

Minister of Energy has ongoing responsibility for South Africa’s relations with the IAEA.

Section 33: Minister to liaise with the IAEA on an ongoing basis in order to fulfill its international obligations.

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Mandate of the Department Cnt...

Section 33 (5): requires that all IAEA membership fees from time to time, be paid to the IAEA, by the Minister of Energy on behalf of the Republic.

The Minister of Energy has overall responsibility for the deposition and implementation of international treaty obligations with regard to the IAEA activities.

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Status of RSA with the IAEASouth Africa is one of the Member States of the IAEA and it formed part of an eight-Nation Negotiating Group which concluded the text of the draft Statute in 1957.

As a Member State, RSA interacts with the IAEA on an ongoing basis by participating in policy making meetings in all areas of work of the IAEA.

South Africa is a signatory to various Treaties, Conventions and Protocols related to Nuclear Non-Proliferation, Nuclear Safety and Nuclear Technology.

South Africa holds the only designated seat for Africa in the IAEA Board of Governors, based on the Country's advanced nuclear infrastructure.

RSA is a member in good standing, all fees for 2010 paid (R7.5mil). Fees for 2011 due in Jan 2010 ~R9.7mil.

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Status of RSA with the IAEASouth Africa currently receives assistance to the value of ~US$1 million per year as a beneficiary under the IAEA Technical Cooperation (TC) programme.

TC programme which contributes towards enhancement of health, agriculture and sustainable development in South Africa. Through the assistance, the application of nuclear technology has in many cases brought feasible solutions to some of the problems confronting the country and the African continent.

27 South Africans are currently employed in different staff categories of the IAEA.

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Amendments of the Statute

The Statute has been amended several times consequently in 1963, 1973 and 1989.

Proposals were made in 1999 to further amend Article VI and Article XIV.A of the Statute.

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Amendments of the Statute Article VI

Expands the composition of the IAEA Board of Governors from the current composition of 35 to 43 members.

Set out a list of possible criteria to be taken into account when the Board designates members

Provide for each Member State to be included in the regional or aerial group determined by the Agency.

Results in the implementation of a carefully crafted long sought solution to issues associated with representation of members on the Board of Governors, and contribute largely towards enhancing the effectiveness and efficiency of the IAEA mission.

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Amendments of the Statute Cnt...

Article XIV.A.Requires change in the IAEA programme and budget process to be biennial (every 2 years) rather annual, as is currently deployed.

Alignment by the IAEA with virtually universal practise among United Nations (UN) organisations in terms of budgeting.

Consideration of only one programme and budget document and one appropriate resolution covering the whole biennium.

Better facilitation of the programme planning and increased flexibility in programme implementation, and thus enhancing the effectiveness and efficiency of programme delivery.

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Need for ratification by RSA

South Africa needs to show commitment and support towards bilateral and multilateral initiatives

South Africa has been a strong supporter towards proportional representation of Member States on the Board of Governors.

South Africa also supports measures that are designed to simplify and enhance programmed planning and effectiveness & efficiency of programme delivery.

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ConclusionConclusionThe Ratification of the Amendments of the IAEA Statute will not have an added burden on South Africa as most of the obligations of the Statute are already implemented by South Africa.

There are also no additional financial obligations that would result from ratification of the amendments.

Article VI: The expansion of the Board of Governors is a step in the right direction especially for the African region, consolidating its representative on the Board of Governors and ensuring greater proportional representation of the entire region.

This will also be of some benefit to the region in terms of representation in the decision making body of the Agency, thereby increasing the benefits available at the Agency for the African continent.

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RecommendationRecommendation

As of 17 August 2010, 51 Member States ratified Article VI , and as of 03 February 2010, 47 Member States ratified Article XIV.A. 50 more ratifications are required for Article VI and 54 more are required for Article XIV.AOut of 44 African Countries who are the Member States of the IAEA, 5 have ratified Article VI (Algeria, Libya, Tunisia, Morocco & Ethiopia)and 3 have ratified Article XIV.A (Algeria, Tunisia & Kenya).

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RecommendationRecommendation

It is recommended that Select Committee on Economic Development support and recommend to the NCOP the ratification of the two amendments of the IAEA Statute by South Africa.

Once Parliament approves, South Africa’s ratification of the amendments will be effected by depositing the Instruments of ratification with the Government of the United States of America as the Depository Government.

The Amendments of the IAEA Statute will come into force when ratified by two thirds (101 of the 151) of all IAEA Member States in accordance with their respective constitutional processes.

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