Agreement between the Republic of India and the Islamic Republic of Pakistan on Reducing the Risk from Accidents Relating to Nuclear Weapons

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Country/entity: India
Pakistan
Region: Asia and Pacific
Agreement name: Agreement between the Republic of India and the Islamic Republic of Pakistan on Reducing the Risk from Accidents Relating to Nuclear Weapons
Date: 21 Feb 2007
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
India-Pakistan Conflict (1947 - ) and the Pakistani Taliban (2001 - )
Two distinct contexts have generated agreements.

India-Pakistan Conflict (1947 - )
The roots of the India-Pakistan Conflict lay in the partition of the British Indian Empire following the end of World War II, and the creation of the predominately Muslim Dominion of Pakistan (now Pakistan and Bangladesh) and the Union of India in 1947. Fuelled by Hindu and Muslim nationalism, the political partition spurred the largest mass migration as minorities sought reference among their communal majorities. Retaliatory violence on both sides led to the deaths of 200,000 to 500,000 people.

A few weeks following the partition, Pakistan sent tribal militias into the Princely State of Jammu and Kashmir, sparking the Indo-Pakistan War of 1947. Two other wars broke out in 1965 and in 1991, as well as a number of skirmishes over the Siachan Glacier. The conflict has seen less casualties since the announcement of a ceasefire in 2003, despite frequent violations by both sides. Public unrest remains sporadic and there has been occasional actions by Islamic militants. In addition, despite a decrease in human rights conditions by occupying forces on both sides, abuses are still documented.

Another dimension of the conflict developed in 1997, after Pakistan announced a successful nuclear test. Since then there has been a proliferation of treaties ensuring clear lines of communication in regards to nuclear testing and accidents to deter accidental escalation.

Pakistan-Afghanistan-US Conflict (2001 - )
Since the 2000s, the Afghanistan war had a noticeable spill-over effect to Pakistan. The Afghan Taliban maintain several strongholds in the western parts of Pakistan, especially in the Northwest Tribal Region. Native Islamist guerrilla outfits also remain active in the region and in 2007 they formed the umbrella organisation known as the Pakistan Taliban until it splintered into four different groups in 2014.
Stage: Framework/substantive - partial
Conflict nature: Territory
Peace process: India-Pakistan border and related process
Parties: K.C. Singh, Additional Secretary (IO), Government of the Republic of India; Tariq Osman Hyder, Additional Secretary (UN & EC), Government of the Islamic Republic of Pakistan
Third parties: -
Description: Short agreement wherein both sides agree to keep communication open via the two foreign secretaries in regards to nuclear accidents to reduce the risk of nuclear fallout.

Agreement document: IN_PK_070221_Reducing the Risk from Accidents Relating to Nuclear Weapons,.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 4, Article-6
This Agreement shall not affect the rights and obligations of the Parties under existing international agreements to which they are a Party.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: Page 4, Article-5,
Information obtained by a Party pursuant to this Agreement shall not be disclosed to a third Party without the prior consent of the other Party except where it concerns environment, public health or safety
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Recognizing that both Parties have national measures including Command and Control structures to guard against accidents related to nuclear weapons;

Recognizing that the nuclear dimension of the security environment of the two countries adds to their responsibility for avoidance of conflict between the two countries;

Committed to the objective of global and non-discriminatory nuclear disarmament;

Page 2, Conscious of the need for adopting measures aimed at I promoting a stable environment of peace and security between the two countries;

Page 2, Article- 1 Each Party shall maintain and improve, as it deems necessary, existing national measures including organizational and technical arrangements, to guard against accidents related to nuclear weapons under its control.

Page 2-3, Article-2
The Parties shall notify each other immediately in the event of any accident relating to nuclear weapons , under their respective jurisdiction or control , which could create the risk of a radioactive fallout, with adverse consequences for both sides or create the risk of an outbreak of a nuclear war between the two countries. In the event of such an accident the Party within whose jurisdiction or control the accident has taken place will immediately take necessary measures to
minimize the radiological consequences of such an accident.
The obligation of a Party to notify shall be in respect of only such accidents which may result in an international transboundary release that could be of radiological safety significance or have security implication for the other Party.

Page 3, Article-3
In the event of occurrence of an accident of the type referred to in Article-2 of this Agreement :
(i) Each Party shall act in such a manner as to reduce the possibilities of its actions being misinterpreted by the other Party;
(ii) In case of likely impact of the accident on the other Party, the first party shall inform the other Party forthwith with relevant information.

Page 3, Article-4
The Parties shall make use of the hotline links between the two Foreign Secretaries and DGMOs or any other appropriate communication link as mutually agreed upon between their Governments for transmission of, or request for, urgent information in situations relating to the implementation of this Agreement. The Parties may also make use of any other communication channels, including diplomatic channels depending upon the urgency of the situation.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Ministry of External Affairs, India; http://www.mea.gov.in/Portal/LegalTreatiesDoc/PA07B0425.pdf

Agreement between the Republic of India and the Islamic Republic of Pakistan on Reducing the Risk from Accidents relating to Nuclear Weapons

The Government of the Republic of India and the Government of the Islamic Republic of Pakistan, hereinafter referred to as the Parties:-

Recalling the Memorandum of Understanding signed at Lahore on 21 February 1999 between the two countries;

Recognising that both Parties have national measures including Command and Control structures to guard against accidents related to nuclear weapons;

Recognising that the nuclear dimension of the security environent of the two countries adds to their responsibility for avoidance of conflict between the two countries;

Committed to the objective of global and non-discriminatory nuclear disarmament;

Conscious of the need for adopting measures aimed at promoting a stable environment of peace and security between the two countries;

Have agreed as follows;

Article 1

Each party shall maintain and improve, as it deems necessary, existing national measures including organisational and technical arrangement, to guard agaisnt accidents related to nuclear weapons under its control.

Article 2

The Parties shall notify each other immediately in the event of any accident relating to nuclear weapons, under their respective jurisdiction of control, which could create the rish of a radioactive fallout, which adverse consequences for both sides or create the risk of an outbreak of a nuclear war between the two countries.

In the event of such an accident the Party within whose jurisdiction or control the accident has taken place will immediately take necessary measures to minimize the radiological consequences of such an accident.

The obligation of a Party to notify shall be in respect of only such accidents which may result in an international transboundary release that could be of radiological sfetty significance of have security implication for the other Party.

Article 3

In the event of occurence of an accident of the type referred to in Article 2 of this Agreement:

(i) Each party shall act in such a manner as to reduce the possibility of its actions being misinterpreted by the other party;

(ii) In case of likely impact of the accident on the other Party, the first party shall inform the other Party forthwith with relevant information.

Article 4

The Parties shall make use of the hotline links between the two foreign secretarian and DGMOs or any other appropriate communication link as mutually agreed upon between their governments for transmission of, or request for, urgent information in situations relating to the implementation of this agreement.

The Parties may also make use of any other communication channels, including diplomatic channels depending upon the urgency of the situation.

Article 5

Information obtain by a Party pursuant to this Agreement shall not be disclosed to a third party without the prior consent of the other party except where it concerns environment, public health or safety.

Article 6

This Agreement shall not affect the rights and obligations of the Parties under existing international agreements to which that are a party.

Article 7

The parties may hold consultations, as mutually agreed upon, ro review the implementation of the provisions of this agreement as well as to consider possible amendments aimed at furtherig the objectives of this Agreement.

Amendments shall enter into force in accordance with procedures that shall be agreed upon.

Article 8

This Agreement shall remain in force for a period of five years.

Upon agreement by the parties, the Agreement may be extended for successive periods of five yesrs at a time.

A party may withdraw from this Agreement by fiving six months written notice to the other indicating its intention to terminate the agreement.

In witness thereof the undersigned being duly authorized thereto by their respective Governments, have signed this agreement.

Done at New Delhi on 21 February 2007 in to originals, in English language, each text being equally authentic.

K.C. Singh, Additional Secretary, Government of the Republic of India

Tariq Osman Hyder, Additional Secretary, Government of the Islamic Republic of Pakistan.