New Delhi, July 10
Amid the political storm over the Indo-US nuclear deal, the government today unveiled the draft of the contentious India-specific safeguards agreement, which envisages support for Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of reactors.
The draft makes it clear that the UN watchdog will not interfere with India's military programme and the pact will apply only to the civilian nuclear facilities to be identified by India.
The 25-page document seeks to open to the International Atomic Energy Agency (IAEA) 14 of India’s 22 nuclear reactors for inspection.
The draft agreement, which was circulated to 35 members of the IAEA yesterday, unambiguously reflects that the global nuclear watchdog has taken an unprecedented step by recognising the unique nature of India’s nuclear programme that requires a separation of civilian and military facilities.
It has taken care of one of the most important Indian concerns on fuel supplies even though the IAEA is not a guarantor of fuel supply. It also addresses New Delhi’s concerns on strategic fuel reserve and right to take corrective steps if fuel supply is disrupted.
In a surprise move, the government made the draft public this morning by putting it on the external affairs ministry’s website after it gave a green light to the IAEA to submit it to the agency’s 35-member board in Vienna for ratification last night.
The draft is likely to be debated by the IAEA board of governors later this month for ratification. Once India and the IAEA reach the accord, the nuclear deal will be taken to the nuclear suppliers’ group (NSG) to permit India to
undertake nuclear trade.
The nuclear deal then will have to be approved by the US Congress for its operationalisation.
The draft clarifies that India is entering into this agreement with the IAEA and its member states with “the objective of the full development and use of nuclear energy for peaceful purposes on a stable, reliable and predictable basis”.
It provides assurance for “reliable, uninterrupted and continuous access to fuel supplies from companies in several nations” and against any withdrawal of the safeguarded nuclear material from civilian use by India.
The draft agreement recognises India’s unique status as de facto nuclear weapon power, also meets its key demand in so far as it allows New Delhi the right to “take corrective measures to ensure uninterrupted operation of its civilian nuclear reactors in the event of disruption of fuel supplies”.
It “supports an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over a lifetime of India’s reactors”. For parties like the BJP, which has been vociferously demanding that India keeps its options open for fresh nuclear tests, this clause gives India freedom to take “corrective action” that practically means that it could come in handy for the country if it decides to conduct a nuclear test leading to suspension of global civil nuclear cooperation.
“The safeguards will become operational only after “the conclusion of international cooperation arrangements creating necessary conditions for India to obtain access to the international fuel market, including reliable, uninterrupted and continuous access to fuel supplies from companies in several nations”, the draft said.
It noted that India had said none of the items produced in the safeguarded facilities would be used for manufacturing any nuclear weapon or to further any military purpose.
“It makes it clear that India’s decision to place its civilian nuclear facilities under safeguards will not detract it from its commitment to the full development of its national three-stage programme”.
The draft recognises India as “a state with advanced nuclear technology, which has a sovereign and inalienable right to carry out nuclear research and development activities for the welfare of its people and other peaceful purposes”.
The draft clarifies that India is entering into this agreement with the IAEA and its member states with “the objective of the full development and use of nuclear energy for peaceful purposes on a stable, reliable and predictable basis”. It assures India that in the course of implementing the safeguards agreement, it will “protect commercial, technological and industrial secrets as well as other confidential information coming to its knowledge”.
