Agenda item 6e) Implementation of the NPT safeguards agreement and relevant provisions of Security Council resolutions 1737 (2006), 1747 (2007) , 1803 (2008) and 1835 (2008) in the Islamic Republic of Iran.

Chairperson:

The Vienna Chapter of the Non-Aligned Movement wishes to thank the Director General, Dr. Mohamed El Baradei, for his report on the Implementation of the NPT safeguards agreement in the Islamic Republic of Iran as contained in document GOV/2009/35 and also the Secretariat for the technical briefing organized in this regard.

Before expressing our comments on the Director General’s Report, NAM would like to reiterate its principled positions on the matter:

1. NAM reaffirms the basic and inalienable right of all states to develop research, production and use of atomic energy for peaceful purposes, without any discrimination and in conformity with their respective legal obligations. Therefore, nothing should be interpreted in a way as inhibiting or restricting the right of states to develop atomic energy for peaceful purposes. States’ choices and decisions, including those of the Islamic Republic of Iran, in the field of peaceful uses of nuclear technology and its fuel cycle policies must be respected.

2. NAM recognizes the IAEA as the sole competent authority for verification of the respective safeguards obligations of Member States and stressed that there should be no undue pressure or interference in the Agency’s activities, especially its verification process, which would jeopardize the efficiency and credibility of the Agency.

3. NAM emphasizes the fundamental distinction between the legal obligations of states to their respective safeguards agreements and any confidence building measures voluntarily undertaken to resolve difficult issues, and believed that such voluntary undertakings are not legal safeguards obligations.

4. NAM considers the establishment of a nuclear- weapons-free-zone (NWFZ) in the Middle East as a positive step towards attaining the objective of global nuclear disarmament and reiterates its support for the establishment of such a zone in accordance with relevant General Assembly and Security Council resolutions.

5. NAM reaffirms the inviolability of peaceful nuclear activities and that any attack or threat of attack against peaceful nuclear facilities—operational or under construction—poses a great danger to human beings and the environment, and constitutes a grave violation of international law, principles and purposes of the Charter of the United Nations and regulations of the IAEA.
NAM recognizes the need for a comprehensive multilaterally negotiated instrument prohibiting attacks, or threat of attacks on nuclear facilities devoted to peaceful uses of nuclear energy.

6. NAM strongly believes that all safeguards and verification issues, including those of Iran, should be resolved within the IAEA framework, and be based on technical and legal grounds. NAM further emphasizes that the Agency should continue its work to resolve the Iranian nuclear issue within its mandate under the Statute of the IAEA.

7. NAM stresses that diplomacy and dialogue through peaceful means must continue to find a comprehensive and long term solution to the Iranian nuclear issue. NAM expresses their conviction that the only way to resolve the issue is to pursue substantive negotiations without any preconditions among all relevant parties

Chairperson:
NAM takes note that the Director General in his latest report has stated once again that the Agency has been able to continue to verify the non-diversion of declared nuclear material in Iran. NAM also notes that the Agency has not found indications of on-going reprocessing activities at those facilities which are being monitored in Iran by the Agency.

Furthermore, NAM takes note that the activities of production of nuclear material , particularly those related to enrichment, continue to remain under the Agency’s containment and surveillance , as shown by the following facts reflected in the report:

1. The nuclear material at the Fuel Enrichment Plant (FEP) (including the feed, product and tails), as well as all installed cascades, remain under Agency containment and surveillance, and the Agency and Iran are discussing improvements in the facility’s accountancy system.

2. The nuclear material at the Pilot Fuel Enrichment Plant (PFEP), as well as the cascade area, remains under Agency containment and surveillance.

3. To date, the results of the environmental samples taken at FEP and PFEP indicate that the plants have been operating as declared.

4. Since March 2007, 26 unannounced inspections have been conducted at FEP.
NAM fully supports the request of the Director General to those Members States that have provided the Secretariat information related to the “alleged studies” to agree that the Agency provides copies to Iran. NAM expresses once again its concerns on the creation of obstacles in this regard, which hinder the Agency’s verification process.

Chairperson:

Taking into account the recent developments mentioned above as well as previous Director General’s reports on the implementation of the Work Plan on “Understanding of the Islamic Republic of Iran and the Agency on the Modalities of resolution of the Outstanding Issues” (INFCIRC/711), NAM still looks forward to the safeguards implementation in Iran being conducted in a routine manner.

NAM reiterates its principled position that diplomacy and dialogue are the only way for a long term solution of Iran’s nuclear issue; NAM encourages all Member States to contribute positively to that effect. NAM also expects all concerned parties to avoid undue pressure which put at risk the constructive process among them.

Thank you.