Ar AKLNQ DATE
D/ 37 26 July 1973
EMlBARGO: Not to be used or
oublished in any form before
0030 hours Thursday, 26 July
1973o NUCLEAR T7STING: AUSTRALIAN LETTER TO
SECRETARY-ENERAL OF TI UNITED NATIONS
~ The following is the text of a letter presented in New
York early today to the Secretary-General of the United Nations,
Dr Waldheim, by the Australian Ambassador and Permanent
Renresentative to the UoN., Sir Laurence Mclntyre
O " On instructions from my Government I have the honour
to bring the following to Your Excellencyts attention.
0The recent actions of the Governments of France and China
in detonating nuclear devices in the atmosphere at Mururoa Atoll
in the South Pacific and the Sinkiang region of North West China
respectively have caused deep concern to the Government and people
of Australia. The Government of Australia is compelled to state
in addition that these actions reveal a regrettable disregard for
the clearly exoressed views of the United Nations and its institutions
The United Nations, through resolutions adopted by the
General Assembly and the specialised agencies, has repeatedly
f. oA/
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condemned nuclear weapons testing in the atmosphere. The radioactive
fallout from such tests creates hazards to the health of
present and future generations and to the environment. Moreover,
oppnosition to atmospheric testing by the preponderance of
international opinion has found expression in multilateral
instruments, including the Treaty Banning Nuclear Weapons Tests
in the Atmosphere, in Outer Space and Under Water of 1963.
Prohibition of atmospheric testing may fairly be claimed to have
become a rule of customary international law.
Australia has consistently advocated the negotiation
and achievement of effective measures of comnlete and general
disarmament and was one of the co-sonsors of a General Assembly
resolution 2934A ( XXVIT), adonted on 29 November 1972 by an
overwhelming majority, which called unon all nuclear weapons
states to suspend nuclear weapons tests in all environments and
called ucon the Conference of the Committee on Disarmament to
give urgent consideration to the pressing need for the early
conclusion of a Treaty banning all nuclear weapons tests.
As recently as 23 May 1973, the World Health Assembly
meeting in Geneva adopted a resolution which recognised that the
fallout from nuclear weapons tests is an uncontrolled and
unjustified addition to the radiation hazards to which mankind
is excosed, condemned al? nuclear weanons testing which results
in an increase in the level of ionizing radiation in the
atmosohere and urged its immediate cessation. ./ 3
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In respect of the program of nuclear testing by the
Government of France it will be recalled that in 1963, following
the develonment of strong onnosition, esnecially in Northern
Africa, to the atmosnheric testing of nuclear weapons in the
desert region of Algeria, that Government decided to move its
nuclear weapons testing centre to the South Pacific Ocean.
Since then, the Australian Government and the Governments
of other countries in the South Pacific region and elsewhere have
repeatedly expressed their aDnrehension and concern at the conduct
of atmosnheric nuclear weapons tests in the region adjacent to them.
The people of Australia are entitled to the rotection
of Australia's territorial sovereignty, which they regard as
clearly infringed by the continued denosit unon Australian soil
without the consent of the Government of Australin, of radioactive
substances from French nuclear tests in the Pacific, and they
cannot be exnected to accent the nrogressive nollution of their
environment which these successive atmosnheric exnlosions have
been shown to cause,
By a Note of 3 January 1973, the Australian Government
sought an as-: urance from the French Government that no further
tests would take place in the Southern Pacific region. No such
assurance was given in the redly of the Government of France
dated 7 February 1973. The Australian Government subsequently
demonstrated its desire to resolve the situation amicably by
seeking the assurance in ouestion through direct and detailed S./ 4
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discussions with the Government of France. At the end of these
discussions, however, it was evident that the French Government
adhered to its firm intention to conduct further atmospheric
nuclear weapons tests in the South Pacific region.
It was against this background that the Australian
Government on 9 May 1973 instituted proceeding. s in the
International Court of Justice.
On 22 June 1973, the Court ruled in favour of an
Australian request for interim measures of protection pending
its final judgment on the merits of the case. It indicated that
the Governments of Australia and France should each of them ensure
that no action of any kind be taken which might aggravate or
extend the dispute submitL-ted to the Court or prejudice the rights
of the other Darty in respect of the carrying out of whatever
decision the Court may render in the case and, in particular, that
the French Government shou~ ld avoid nuclear tests causing the
deposit of radioactive fallout on Australian territory.
Ir detonating a nuclear device on 22 July ( Australian
time) the Government of France has openly disregarded the Court's
ruling. The nuclear explosion carried out on that date will cause
widesnread radioactive fallout. There is a virtual certainty that
this will cause the denoosit of such fallout on Australian territory.
On 22 July the Australian Embassy in Paris handed over a Note
of -protest at the action of the Government of France.
The Government of the People's Republic of China has tested some
nuclear weapons devices in the atmosphere since 1969. These
tests are reported to have taken place at the Lop Nor test site
in the Sinkiang region in north-west China. The Australian
Government formally protested to the Government of China on
April 1973, expressing Australia's strong opposition to the
conduct of nuclear weapons tests, particularly in the atmospheie,
and reaffirming the Australian Government's view that atmospheric
nuclear weapons testing is contrary to international law.
The Government of China exploded a nuclear weapons
device in the atmosphere on 27 June 1973. The Australian
Ambassador in Peking handed over on 29 June 1973 a further Note
of protest, reiterating Australia's opposition to atmospheric
nuclear weapons testing, and expressing deep regret that China ' had
not taken full account of th-e views of the Australian Government
and the world community as a whole, as shown in repeated resolutions
of the United Nations General Assembly. The Note also drew to the
attention of tie Government of the People's Republic of China the
recent decision of the International Court of Justice in favour
of the Australian aDprlication for interim measures of protection
and stated that all governments, including the Government of the
People's Republic of China, have a clear international obligation
to -prevent the danger of environmental pollution. The Note ca~ lled
u-oon the Government of China to cease nuclear tests in the
atmosphere and to associate itself with the international community
in moves to bring about the ending of all nuclear w. eapons testing.
I have the honour to request that this letter be circulated as a
document of the General Assembly under the item ' Ur. 7ment need for
susnension of nuclear and thermonuclear tests'."