SUBMISSIONS
Submission
on the
Counter-Terrorism Bill
8 April 2003
From the Anti-Bases Campaign, Christchurch
We would
like to call to the attention of the Committee an aspect of the
Counter-Terrorism Bill that is of particular relevance to our concerns about
the American military presence at Christchurch International Airport.
We believe
this bill is relevant to the potential for American military cargo aircraft,
particularly in time of international crisis, to carry nuclear materials
(including nuclear weapons) through Christchurch Airport in transit to United
States military/intelligence bases in Australia and beyond. The aircraft are primarily C-141B
Starlifters and C-5B Galaxys which carry the “neither confirm nor deny” (NCND) nuclear weapons policy.
With
reference to the Bill, the relevant sections are: Sect 11(1) which makes
reference to the “Nuclear Material Convention”, Sect 13C “Offences involving
physical protection of nuclear material, and Schedule 2A which is the text of
the “Convention on the Physical Protection of Nuclear Material”.
Within the
text of the Nuclear Material Convention we call your attention to the statement
in the Preamble, “Recognizing the importance of effective physical protection
of nuclear material used for military purposes…”, Article 1c on “international
nuclear transport”, and Article 4(5) which states, inter alia, “The
State Party…shall identify and inform in advance States which the nuclear
material is expected to transit…whose airports or seaports it is expected to
enter.”
Article 4(5)
appears to be of particular relevance to the transit of American military cargo
aircraft through New Zealand under the NCND nuclear weapons policy. Starlifters and Galaxys are the primary
mode of air transport of nuclear weaponry from the United States to its
military bases overseas. There are
many such bases and nuclear weapons are known to be stored at some of those
bases. (We are not alleging that
such storage exists at Christchurch Airport.)
We
strongly support New Zealand’s implementing in our law, via the relevant
provisions of the Counter-Terrorism Bill, the requirements of the Nuclear
Material Convention to which we are a signatory. We consider that an important requirement of that Convention
is that New Zealand be informed of any passage of nuclear material, including
nuclear weapons, through our territory.
We are a nuclear-weapons-free nation, protected by the Nuclear Free Zone
Act of 1987. The Prime Minister
must be “satisfied that the foreign military aircraft will not be carrying any nuclear
explosive device when it lands in New Zealand” (Sect 10(2) of the 1987 Act).
We request
the Select Committee to incorporate appropriate wording in the
Counter-Terrorism Bill to make clear that aircraft transiting New Zealand under
the NCND nuclear weapons policy would be in violation of provisions of New
Zealand law and would contravene the letter and intent of the Nuclear Materials
Convention. We would be happy to
suggest relevant insertions to the Bill for these purposes.
We are
also prepared to supply documentation in support of statements in this
submission, including extensive flight data (provided by the Ministry of
Foreign Affairs and Trade) that makes a clear distinction between dedicated
Antarctic support missions of American aircraft and the military-intelligence
flights that transit Christchurch Airport in support of foreign American bases,
including Pine Gap in Australia.
We request
the opportunity to speak to this submission, in Christchurch or via video link
if possible. We thank the
Committee for the opportunity to comment on the Counter-Terrorism Bill.
Robert L.
Leonard
For the
Anti-Bases Campaign