Grey areas of 123 Nuclear Agreement

I rushed home, to see what Indian elected representatives thought of the 123 Nuclear Agreements. The debate both by the party in favour and against was a complete political small talk. No one spoke section by section where the grey areas are or where there is a strong disagreement or where there are strong strengths for India.

It was even more surprising that respected leaders such as the Prime Minister, Opposition Leader, educated stalwarts within the Lok Sabha were focusing on political issues from price rise, disunity within Parties, horse trading etc. Those in favour and against never could explain which sections in the 123 Agreement they referred to.

Either they assume the common public is not interested in knowing the sections of the 123 Agreement but the political implications, or they have not read the agreement. It was an opportunity for every elected representative, to come to national stage with a clear argument in favour or against based on sections of the agreement. But all failed. With half a century on, our democracy still remains in periodic infancy.

For some one who has been intellectual, an independent a voice never heard, this was an opportunity to speak on large canvas, to inform the leaders and nation, what are the implications on society of this agreement. I am in search of these elected representatives. It was even more painful, for me, as I tried in my way to contribute towards a better discussion. I visited Delhi, submitted by questions on the grey areas in this agreement to Shri Shripad Naik, who hails from my constituency. Perhaps he did not get his chance to address the nation, or may be my critique on the policy was lost in tables of paper. What a wonderful opportunity to bring a perspective, for any representative, was drained. There were no discussions on basic issues such as Nuclear Waste Management and Rehabilitation measures, Environment Protection, Sharing of Critical Information, complete physical access to IAEA, Compensation for Accidents, Monopolizing nuclear energy market, etc.


Following are some of the Grey areas in the Articles of the 123 Nuclear Agreement:

• Article 3-
• Will the information under this article between 2 countries be accessible to private Nuclear Companies?
• The article refers to control of information by both countries which it considers as Restricted Data. What kind of data will be considered as Restricted Data? Can this Restricted Data be very relative in both countries?
• Article refers to sharing of Research Information- But what about possible IP discovered in India or US, isn't that information to be kept confidential?

• Article 4-Nuclear Trade-
• Nuclear Trade as such is more viable and profitable to American Companies than Indian. The clause of addressing applications of nuclear companies within 2 month period ensures faster access to Indian energy market. Will the same period of 2 months be given to other nations such as France and Russia?

• Article 5-Transfer-
• Are we ready for exchange of low enrichment uranium & technology for energy needs in return to easier access to market and critical security information?
• If disruption of fuel occurs due to unavoidable circumstances, then both countries will jointly convene a group of friendly supplies from Russia, France and UK. Why jointly and no independence for India to establish supply channels from these nations.

• Article 7-Storage & Retransfer- Sharing of list of facilities-
• If Information pertaining to Nuclear Program, locations and research activities are not available to Indian Citizens under Right to Information Act 2005, then how justifiable is it, to make it available to certain departments of another country, whose citizens are not under the jurisdiction or control Indian Administration?
• Which offices private and public in both countries will hold this information?
• Agreement does not refer to trial or compensation relief for any leakage of confidential information.

• Article 11-Environmental Protection
• There is No mention of compensation to society in case of any damage to environment or citizens. Our learning from Bhopal Gas Tragedy has to be understood by Policy makers. Where senior management of Union Carbide / Dow Chemicals are still liable for punishment, will senior management of companies and governments be held responsible for any possible further such cases.
• If there is 2 month period for addressing grievances of companies doing business, why no time period fixed for compensation or punishment?

OPEN QUESTIONS

• What percentage of energy demand in next 25 years is going to be met with Nuclear Energy? What is number of Nuclear Reactors planned by Indian Government to be established in next 25 years. A control over number of reactors is needed to maintain the balance of dependency on nuclear energy due to its high environment problems. Free market attitude will create over production pushing our natural resources to its limits.
• Present Policy doesn't cover measures to tackle Kickbacks. As India has been very susceptible and many times compromised on several areas such as licenses, health and safety etc. Policy must ensure transparency in dealings and faster trial processes with both countries such as extradition treaty, freezing bank accounts of suspects, etc.
• Since the pool of Nuclear Scientists in India is limited, same pool of scientists might be playing dual role or later be involved in nuclear defense related work. Information regarding such profiles is usually considered confidential for security purposes. Present Agreement enables disclosure of such profiles in form of meetings, exchange visits etc. to private and public offices. Where there is possibility of leakage of information again.
• Agreement fails to address details of Nuclear Waste Management and Rehabilitation measures. If there join commissions to establish implementation of this agreement a necessary body has to be developed whose officers will be held accountable for nuclear waste disposal, management and rehabilitation.
• Competitive Scenario- Is the domestic Indian Nuclear companies ready for competition with US or will they be compelled to collaborate rather than compete. What is the FDI Policy for this sector from commissioning of Nuclear Plants to importers / exporters of machinery, technology and raw materials?

Indian Sovereignty in deciding its foreign policy is debatable:

As per Hyde Act,

1. SEC. 103. STATEMENTS OF POLICY.

(b) WITH RESPECT TO SOUTH ASIA.—The following shall be the policies of the United States with respect to South Asia:

4) Secure India’s full and active participation in United States efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability and the capability to enrich uranium or reprocess nuclear fuel, and the means to deliver weapons of mass destruction.

2. SEC. 104. WAIVER AUTHORITY AND CONGRESSIONAL APPROVAL.

(c) SUBMISSION TO CONGRESS.—

(2) INFORMATION TO BE INCLUDED.—

(G) A description and assessment of the specific measures that India has taken to fully and actively participate in United States and international efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability and the capability to enrich uranium or reprocess nuclear fuel

3. SEC. 104. WAIVER AUTHORITY AND CONGRESSIONAL APPROVAL.

(E)(i) REPORTING TO CONGRESS.—

(2) IMPLEMENTATION AND COMPLIANCE REPORT.—

(E)(i) an assessment of whether India is fully and actively participating in United States and international

efforts to dissuade, isolate, and, if necessary, sanction and contain Iran for its efforts to acquire weapons of mass destruction, including a nuclear weapons capability (including the capability to enrich uranium or reprocess nuclear fuel), and the means to deliver weapons of mass destruction, including a description of the specific measures that India has taken in this regard; and (ii) if India is not assessed to be fully and actively participating in such efforts, a description of—

(I) the measures the United States Government has taken to secure India’s full and active participation

in such efforts;

(II) the responses of the Government of India to such measures; and

(III) the measures the United States Government plans to take in the coming year to secure India’s full and active participation;

B) Based on the above, following are the questions I have:

1. If US is arm twisting our foreign policy to disarm Iran. Why cannot we, as the second largest energy market, ask US to take similar steps to disarm Pakistan as for terrorists to acquire Nuclear weapons Pakistan is more vulnerable than Iran.

2. What happens to cultural ties with Iran, and days of Non Alignment Movement? Has the Indian Government taken into confidence the large Indian Muslim population who sympathize with Iran?

3. Section 103, b.1 “(1) Achieve, at the earliest possible date, a moratorium on the production of fissile material for nuclear explosive purposes by India, Pakistan, and the People’s Republic of China.” I would like to know what the Indian Government’s opinion on this.

4. Just by claiming Hyde Act is domestic law in US and not applicable to India is not the way. We must ensure that we categorically have a MoU signed by India and US, that Section of Hyde Act are not applicable to India.