Strengthening National Governanceof the

Peaceful Uses of Nuclear Energy

Dr Trevor FindlaySenior Research Fellow

School of Social & Political Sciences

University of Melbourne

13 December 2018

Overview

• what is national nuclear governance?• nuclear safety• nuclear security• nuclear non-proliferation• other aspects of good nuclear governance

What is national nuclear governance?

• national ways of implementing global nuclear governance

• by which the international community governs nuclear energy

• via norms, treaties, agreements, rules, institutions, arrangements and practices

• covering both peaceful and military uses

• plus unique national requirements

What does nuclear governance cover?

Ø Safety – preventing accidents

Ø Security – preventing nuclear terrorism

Ø Non-proliferation – preventing states acquiring nuclear weapons

Ø Disarmament – reducing/abolishing nuclear weapons

Ø Peaceful uses

Who is involved?

National Government

National Regulator

Treaties and agreements,

e.g. NPT, SEANFZ

International organizations,

e.g. IAEA, ASEANTOM

Scientists, NGOs, civil

society

Nuclear industry

Other States(bilateral

agreements)

What tools can governments use?

• Parliamentary legislation• National treaty implementation body (or bodies)• National nuclear regulator(s)• Administrative rules and regulations• Customs and border control• Education and training (industry and government employees)• Engagement with civil society, academia and industry• Cooperation with regional neighbours and organizations• Involvement with and assistance from the IAEA

Established 1957 in ViennaMandate nuclear safety, security, non-proliferation, peaceful usesMember states 170 (Indonesia joined 1957)Governance General Conference; 35-member Board of GovernorsDirector General Yukiya AmanoSecretariat 2,300 (around 250 inspectors)2019 Regular Budget €369 million2019 Technical Cooperation €97 million2019 Total Resources €553 millon

The IAEA

“An independent, intergovernmental, science and technology-based organization in the United Nations system that serves

as the global focal point for nuclear cooperation”

Nuclear safety treaties/codes

• 1994 Convention on Nuclear Safety (CNS) - Indonesia ratified 2002

• 1997 Joint Convention on Safety of Spent Fuel Management & Safety of Radioactive Waste Management - Indonesia ratified 2011

• 1986 Convention on Early Notification (CENNA) - Indonesia ratified 1993

• 1986 Convention on Nuclear Assistance (CACNARE) - Indonesia ratified 1993

• 2006 Code of Conduct on the Safety of Research Reactors

Provisions of nuclear safety treaties/codes

• nuclear safety remains responsibility of the state

• lessons learned from Chernobyl, Fukushima accidents

• global safety standards not legally binding but recommendatory

• no IAEA inspections but confidential peer review, advice, assistance

Good governance in nuclear safety

• implement, at a minimum, IAEA safety standards (fundamentals, requirements, guides)

• attend treaty review meetings (compulsory for CNS) and provide national reports for peer review

• post national reports on the internet to enhance transparency• appoint contact points for accident conventions• immediately notify the IAEA Incident & Emergency Centre of nuclear

accident• participate in meetings of National Competent Authorities for

Nuclear Safety• contribute to Response Assistance Network (RANET)• use International Seismic Safety Centre• use IAEA nuclear safety review services

Nuclear security

• increased awareness since 9/11• increased IAEA role in providing advice,

assistance• state still primarily responsible• Nuclear Security Summits (2010-2016) -

Indonesia actively participated• elements remain: Action Plans• Nuclear Security Contact Group (NSCG) - Indonesia has not joined• Centres of Excellence (Indonesia has one!)

Nuclear security treaties/codes

1980 Amended Convention on Physical Protection of Nuclear Materials (CPPNM) – Indonesia ratified treaty 1987, amendment 2010• parties must apply physical protection to all nuclear materials, domestically

and in international transit• encourages states to apply IAEA nuclear security recommendations but does

not legally bind them2005 International Convention for Suppression of Acts of Nuclear Terrorism (ICSANT) – Indonesia acceded 2014• establishes criminal offenses for nuclear terrorist actsSecurity Council Resolution 1540 (2004) – legally binding on Indonesia• states must report annually on actions to prevent terrorists acquiring WMD,

including nuclearCode of Conduct on Safety & Security of Radioactive Sources and Supplementary Guidance – voluntary, non-binding• guidance for controlling sources and mitigating/minimizing consequences

should controls fail

Assessing nuclear security: Indonesia ranks 31

Above Average Scores greater than 66Global NormsInternational Legal Commitments Domestic Commitments and CapacityDomestic Nuclear Materials Security LegislationSafeguards Adherence and Compliance

Average Scores between 34 and 66 Global NormsVoluntary CommitmentsDomestic Commitments and CapacityUNSCR 1540 ImplementationRisk Environment

Political StabilityEffective Governance Group(s) Interested in Illicitly Acquiring Materials

Below Average Scores less than 34Risk Environment Pervasiveness of Corruption

Good governance in nuclear security

• Join all treaties and arrangements, including NSCG• Embed, at a minimum, IAEA nuclear security recommendations in

national security legislation• Report annually to UN Security Council under 1540• Nominate point of contact for Code• Encourage regional cooperation on nuclear security• Foster nuclear security culture, including tackling corruption

Nuclear Non-Proliferation (Safeguards)

• 1968 Nuclear Non-Proliferation Treaty (NPT)• all non-nuclear weapon states must put nuclear materials and

facilities under IAEA safeguards• safeguards = verification to ensure non-diversion to nuclear

weapons• methods: nuclear accountancy; inspections; remote monitoring

Indonesia ü 1979 Ratified NPTü 1980 Comprehensive Safeguardsü 1990 Additional Protocolü 2nd country granted Broader Conclusionü Qualified for integrated safeguards

Nuclear safeguards ‘revolution’

• 1992 revelations about secret Iraqi weapons program prompted reform

• strengthened safeguards system (program 93+2, including Additional Protocol)

• new philosophy: ‘correctness and completeness’; state-level approach; Broader Conclusion

• all-source information exploited: open sources; intelligence; satellite imagery; remote monitoring; new technology

• cultural change in inspectorate

Good non-proliferation governance

• Participate in NPT Review Conferences• Comply with all legally-binding IAEA safeguards requirements• Effective and efficient State System of Accounting & Control (SSAC)• Support continuous safeguards improvements, including increased

budgetary support at IAEA• Collaborate regionally (e.g. ASEANTOM)• Adhere to export control guidelines (Zangger Committee)• Join Nuclear Suppliers Group and Proliferation Security Initiative

Additional good nuclear governance

• Be actively involved at IAEA, including advisory bodies• Go to IAEA conferences, use IAEA advice and assistance• Participate in regional organizations and initiatives (ASEANTOM, RCA, CSCAP) • Ensure Technical Cooperation projects are useful, sustainable and integrated

into national development plans• Ensure an effective, efficient and independent nuclear regulator• Use IAEA’s Regulatory Review Service• Ensure national legislation and administrative arrangements are current• Adopt good national safety, security and safeguards cultures• Seek public consultation for major nuclear decisions• If contemplating nuclear power reactors, use IAEA Milestones document

Resources

International Atomic Energy Agency www.iaea.orgNuclear Threat Initiativenti.orgProject on Managing the Atom, Harvard University www.belfercenter.orgUN Institute for Disarmament Research (UNIDIR)www.unidir.orgUnleashing the Nuclear Watchdog: Strengthening and Reform of the IAEAwww.cigi.org