Report of the International Atomic Energy Agency, G.A. res. 51/10, 51 U.N. GAOR Supp. (No. 49) at 8, U.N. Doc. A/51/49 (Vol. I) (1996).



                                              
 
      The General Assembly,
 
      Having received the report of the International Atomic Energy Agency to
the General Assembly for the year 1995,
 
      Noting the statement of the Director General of the International Atomic
Energy Agency of 28 October 1996, in which he provided additional information
on the main developments in the activities of the Agency during 1996,
 
      Recognizing the importance of the work of the Agency in promoting the
further application of nuclear energy for peaceful purposes as envisaged in
the statute of the Agency and in accordance with the inalienable right of
States parties to the Treaty on the Non-Proliferation of Nuclear Weapons and
other relevant internationally legally binding agreements that have concluded
relevant safeguards agreements with the Agency to develop research, production
and use of nuclear energy for peaceful purposes without discrimination and in
conformity with articles I and II of the Treaty, with other relevant articles
and with the objectives and purposes of the Treaty,
 
      Conscious of the importance of the work of the Agency in the
implementation of the safeguards provisions of the Treaty on the
Non-Proliferation of Nuclear Weapons and other international treaties,
conventions and agreements designed to achieve similar objectives, as well as
in ensuring, as far as it is able, that the assistance provided by the Agency
or at its request or under its supervision or control is not used in such a
way as to further any military purpose, as stated in article II of its
statute, 
 
      Reaffirming that the Agency is the competent authority responsible for
verifying and assuring, in accordance with the statute of the Agency and the
Agency's safeguards system, compliance with its safeguards agreements with
States parties undertaken in fulfilment of their obligations under article
III, paragraph 1, of the Treaty on the Non-Proliferation of Nuclear Weapons,
with a view to preventing diversion of nuclear energy from peaceful uses to
nuclear weapons or other nuclear explosive devices, and also reaffirming that
nothing should be done to undermine the authority of the Agency in this regard
and that States parties that have concerns regarding non-compliance with the
safeguards agreement of the Treaty by the States parties should direct such
concerns, along with supporting evidence and information, to the Agency to
consider, investigate, draw conclusions and decide on necessary actions in
accordance with its mandate,
 
      Noting the statement by the President of the fortieth regular session of
the General Conference of the Agency, issued under item 23 concerning the
application of Agency safeguards in the Middle East, that:
 
      "The General Conference requests the Director General to invite experts
      from the Middle East and other areas to a technical workshop on
      safeguards, verification technologies, and related experience.  It calls
      on the Director General to commence with preparations, in consultation
      with the parties concerned, with a view to developing an agenda and
      modalities that would help ensure a successful workshop",
 
      Again stressing the need for the highest standards of safety in the
design and operation of nuclear installations and in peaceful nuclear
activities so as to minimize risks to life, health and the environment,
 
      Considering that an expansion of technical cooperation activities
relating to the peaceful uses of nuclear energy will contribute to the
well-being of the peoples of the world, recognizing the special needs of the
developing countries for technical assistance from the Agency and the
importance of funding in order to benefit effectively from the transfer and
application of nuclear technology for peaceful purposes as well as from the
contribution of nuclear energy to their economic development, and desiring
that the Agency's resources for technical cooperation activities be assured
and sufficient,
 
      Recognizing the importance of the work of the Agency on nuclear energy,
applications of nuclear methods and techniques, nuclear safety, radiological
protection and radioactive waste management, including its work directed
towards assisting developing countries in all these fields,
 
      Taking note of the report of the Director General to the General
Conference on the developments related to the nuclear-weapons programme of
Iraq, of his reports on the Agency's twenty-eighth and twenty-ninth on-site
inspections in Iraq and of resolution GC(40)/RES/21 of 20 September 1996 of
the General Conference,
 
      Taking note also of resolutions GOV/2711 of 21 March 1994 and GOV/2742
of 10 June 1994 of the Board of Governors and GC(40)/RES/4 of the General
Conference of the International Atomic Energy Agency in connection with the
implementation of the Agreement between the Government of the Democratic
People's Republic of Korea and the International Atomic Energy Agency for the
application of safeguards in connection with the Treaty on the
Non-Proliferation of Nuclear Weapons, the statements of the President of the
Security Council of 31 March, 30 May and 4 November 1994 and the Board of
Governors' authorization, on 11 November 1994, to the Director General, to
carry out all the tasks requested of the Agency in the statement by the
President of the Security Council of 4 November 1994,
 
      Bearing in mind resolutions GC(40)/RES/2 on a nuclear-weapon-free zone
in Africa, GC(40)/RES/10 on the Convention on Nuclear Safety, GC(40)/RES/11 on
a convention on the safety of radioactive waste management, GC(40)/RES/12 on
measures to resolve international radioactive waste management issues:
establishing predisposal waste demonstration centres, GC(40)/RES/13 on the
strengthening of the Agency's technical cooperation activities, GC(40)/RES/14
on a plan for producing potable water economically, GC(40)/RES/15 on extensive
use of isotope hydrology for water resources management, GC(40)/RES/16 on
strengthening the effectiveness and improving the efficiency of the safeguards
system, GC(40)/RES/17 on measures against the illicit trafficking in nuclear
material and other radiation sources, GC(40)/RES/18 on the staffing of the
Agency's secretariat, GC(40)/RES/20 on the amendment of article VI of the
statute relating to the membership of the Board of Governors, GC(40)/RES/21 on
the implementation of relevant Security Council resolutions relating to Iraq,
and GC(40)/RES/22 on application of Agency safeguards in the Middle East,
adopted on 20 September 1996 by the General Conference of the Agency at its
fortieth regular session,
 
      Noting the statement by the President of the fortieth regular session of
the General Conference of the Agency, issued under item 19(b) concerning the
composition of regional groups, that:
 
      "The General Conference takes note of the report of the Director General
      on the composition of regional groups under the agenda item entitled
      'Amendment of article VI of the Statute', as contained in the attachment
      to GC(40)/11.  It reiterates the principle of the sovereign equality of
      all member States of the Agency, as provided for in article IV.C of the
      Statute.  It affirms that this principle requires that each member State
      of the Agency be within one of the areas listed in article VI.A.1 of the
      Statute.  Recalling draft resolution GC(39)/COM.5/10 (19 September 1995)
      and resolution GC(39)/RES/22 (22 September 1995), the Conference
      requests that the Chairman of the Board of Governors consult with member
      States not yet listed in a regional area, as well as with other member
      States, including representatives of the regional areas, and that he
      report for consideration at the forty-first session of the General
      Conference specific proposals to include each member State within the
      appropriate area at the time of the Conference in September 1997",
 
      Bearing in mind resolution GC(40)/RES/17 on measures against illicit
trafficking in nuclear materials and other radioactive sources, recognizing
the importance of measures against illicit trafficking of nuclear material
and, in this regard, further recognizing the importance of the programme for
preventing and combating illicit trafficking in nuclear material, agreed upon
by the participants in the Moscow Nuclear Safety and Security Summit of April
1996,
 
      Also bearing in mind resolution GC(40)/RES/19 on women in the
secretariat adopted on 20 September 1996 by the General Conference of the
Agency, calling on the Director General to further integrate the Platform for
Action developed at the Fourth World Conference on Women into the Agency's
relevant policies and programmes,
 
      1.    Takes note of the report of the International Atomic Energy
Agency;
 
      2.    Affirms its confidence in the role of the Agency in the
application of nuclear energy for peaceful purposes;
 
      3.    Welcomes the measures and decisions taken by the Agency to
maintain and strengthen the effectiveness and cost efficiency of the
safeguards system in conformity with the Agency's statute, in particular,
welcomes the establishment by the Board of Governors of a committee which
began its work in July 1996 and is tasked with the drafting of a model
protocol in order to strengthen the effectiveness and to improve the
efficiency of the nuclear safeguards system and thereby reinforce and improve
the Agency's capacity to detect any undeclared nuclear activities, and calls
upon this committee to make every effort to bring its work to a successful
conclusion at the earliest possible date;
 
      4.    Urges all States to strive for effective and harmonious
international cooperation in carrying out the work of the Agency, pursuant to
its statute, in promoting the use of nuclear energy and the application of the
necessary measures to strengthen further the safety of nuclear installations
and to minimize risks to life, health and the environment, in strengthening
technical assistance and cooperation for developing countries, and in ensuring
the effectiveness and efficiency of the safeguards systems of the Agency;
 
      5.    Welcomes the measures and decisions taken by the Agency to
strengthen and fund its technical cooperation activities which should
contribute to achieving sustainable development in developing countries, and
calls upon States to cooperate in implementing the measures and decisions
pursuant thereto;
 
      6.    Commends the Director General and the secretariat of the Agency
for their continuing, impartial efforts to implement the safeguards agreement
still in force between the Agency and the Democratic People's Republic of
Korea, including their efforts to monitor the freeze of specified facilities
in the Democratic People's Republic of Korea as requested by the Security
Council, expresses concern over the continuing non-compliance of the
Democratic People's Republic of Korea with the safeguards agreement, and urges
the Democratic People's Republic of Korea to cooperate fully with the Agency
in the implementation of the safeguards agreement and take all steps the
Agency may deem necessary to preserve all information relevant to verifying
the accuracy and completeness of the initial report of the Democratic People's
Republic of Korea on the inventory of nuclear material subject to safeguards
until the Democratic People's Republic of Korea comes into full compliance
with its safeguards agreement;
 
      7.    Also commends the Director General of the Agency and his staff for
their strenuous efforts in the implementation of Security Council resolutions
687 (1991) of 3 April, 707 (1991) of 15 August and 715 (1991) of 11 October
1991, and while noting that Iraq has adopted over the last twelve months a
more constructive approach, expresses concern that Iraq failed to provide
immediate access on 7 July 1996 to the Agency's Action Team and that it has
previously withheld from the Agency information about its nuclear weapons
programme in violation of its obligations under relevant Council resolutions,
and in this context stresses the need for Iraq to cooperate fully with the
Agency to resolve the remaining inconsistency concerning the full, final and
complete declaration in achieving the implementation of the relevant Council
resolutions, and stresses that the Agency's Action Team will continue to
exercise its right to investigate further any aspects of the past nuclear
weapons capability of Iraq, in particular as regards any further relevant
information necessary to complete the record of the nuclear weapons programme
of Iraq that it may still be withholding from the Agency;
 
      8.    Welcomes the entry into force on 24 October 1996 of the Convention
on Nuclear Safety and appeals to all States to become parties to it so that it
obtains the widest possible adherence, and expresses its satisfaction that a
preparatory meeting of the contracting parties will be convened at a date to
be agreed upon, but not later than April 1997;
 
      9.    Also welcomes the measures taken by the Agency in support of
efforts to prevent illicit trafficking in nuclear materials and other
radioactive sources and, in this context, calls upon other States to join the
programme for preventing and combating illicit trafficking in nuclear material
agreed upon by the participants at the Moscow Nuclear Safety and Security
Summit of April 1996;
 
      10.   Takes note with appreciation of the work of the open-ended Group
of Technical and Legal Experts on a Convention on the Safety of Radioactive
Waste Management established by the Board of Governors of the Agency and
expresses the hope that the outstanding issues will be resolved in a spirit of
compromise so as to allow timely completion of the preparatory work and
adoption of a convention in the near future;
 
      11.   Notes with satisfaction the substantial progress achieved in the
negotiations to strengthen the international regime of liability and
compensation for damage arising from a nuclear incident, in particular, by
amending the 1963 Vienna Convention on Civil Liability for Nuclear Damage as
well as by adopting a convention on supplementary compensation, and expresses
the hope that the diplomatic conference for that purpose will soon be
convened;
 
      12.   Requests the Secretary-General to transmit to the Director General
of the Agency the records of the fifty-first session of the General Assembly
relating to the activities of the Agency.
      

 

 



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