Australia-India deal 'illegal'

In November 2011, the Australian prime minister, Julia Gillard, announced her support for the sale of uranium to India. This would require the governing Labor Party to lift its longstanding ban on uranium sales to countries that have not joined the Nuclear Non-Proliferation Treaty (NPT).

ICAN has expressed its strong opposition to the deal on the basis that it would fuel the nuclear arms race in South Asia by freeing up India's native reserves of uranium for weapons production. The nuclear deal would also violate Australia's international obligations.

Media release: Uranium sales to India 'illegal'

28 November 2011

A leading international law expert has advised the International Campaign to Abolish Nuclear Weapons (ICAN) that Australia cannot lawfully sell uranium to India unless the nuclear-armed nation opens up all of its nuclear facilities to the International Atomic Energy Agency (IAEA).

The formal legal opinion provided by Professor Don Rothwell from the Australian National University states that the South Pacific Nuclear Free Zone Treaty prohibits Australia from selling uranium to countries that have not accepted full-scope safeguards.

“Persuading India to accept full-scope safeguards is about as likely as persuading it to join the Non-Proliferation Treaty,” said Tim Wright, the Australian director of ICAN. “It’s well known that the Prime Minister failed to consult the Foreign Minister before announcing her push for nuclear trade with India. It now seems she also failed to consult her lawyers.”

“Not only is the sale of uranium to India illegal, it is also highly dangerous given that India is rapidly bolstering its nuclear forces. Australians don’t want to help fuel a nuclear exchange in South Asia,” said Wright. “In light of this significant legal hurdle, the battle for uranium sales to nuclear-armed India appears to be far from won.”

The Australian Labor Party will decide this weekend whether to lift its longstanding ban on uranium sales to countries that are not members of the Nuclear Non-Proliferation Treaty. Professor Rothwell’s advice has been distributed to the prime minister and conference delegates.