The National Security Adviser, Mr. M.K. Narayanan, had a meeting with leadersof the Samajwadi Party, Shri Ram Gopal Yadav and Shri Amar Singh,earlier to-day,during which the latter had sought certain clarifications with regard to theCivil Nuclear Cooperation Agreement between India and the United States. Amongthe main issues raised by Shri Amar Singh were:
(i) Whether by entering into this deal, the sovereignty of decision-makingin regard to India’s foreign policy would be compromised.
It was clarified to Shri Amar Singh that the Civil Nuclear CooperationAgreement did not and would not affect the autonomy of decision-making in regardto foreign affairs in any manner. India had always followed an independentforeign policy. Under no circumstances, would this position undergo a change,the least of all in the context of the Civil Nuclear Cooperation Agreement.India has always regarded its strategic autonomy in these matters as sacrosanct.Related to this was the question raised by Shri Amar Singh whether the nucleardeal would impinge on our relations with Iran. It was clarified that ourrelations with Iran were time-honoured and civilisational in nature and nooutside influence or pressure could force India to deviate from this path. Indiaand Iran have recently taken several initiatives, including one relating to theIran-Pakistan-India gas pipeline. The pipeline epitomizes the nature andimportance of the relationship, something that was strongly re-inforced duringthe visit of President Ahmadinejad to Delhi in April. There have been othermeetings between our Ministers and officials and their Iranian counterparts. TheNational Security Adviser has just returned after a very productive meeting withIranian leadership, and also had a meeting with President Ahmedinejad, at whichapart from economic issues like the IPI pipeline, certain other and relatedmatters were discussed. India is not under any pressure, nor can it bepressurized to follow a course of action that is not dictated by our enlightenedself-interest.
Advertisement
(ii) Another important issue that was raised by the SP leaders was whetherthe nuclear deal would undermine our nuclear sovereignty, specially with regardto our strategic nuclear programme.
It was clarified, and the Prime Minister has reiterated this on many previousoccasions, that the deal would not in any way impinge on our strategic programme.This is an agreement for Civil Nuclear Cooperation. The purpose of the Agreementis to enable full civil nuclear energy cooperation between Parties and concernsnuclear reactors and all aspects of the associated nuclear fuel cycle. It catersfor the development of a strategic reservoir of nuclear fuel to guard againstdisruption of supplies over the lifetime of India’s reactors, and for advancedR&D in Nuclear Sciences. The 123 Agreement with the United States contains aspecific mention that the Agreement would not affect un-safeguarded nuclearactivities, i.e. activities involving our strategic programme which are notunder safeguards. It also underscores that the Agreement would be implemented ina manner that does not hinder or otherwise interfere with any activitiesinvolving the use of nuclear material, information or technology and militarynuclear facilities produced, acquired or developed by them independent of theAgreement for their own purposes.
Advertisement
(iii) A question was also raised about the Hyde Act passed by the USCongress and its impact on the 123 Agreement arrived at between India and theUnited States.
A careful reading of the provisions of the 123 Agreement would make it clearthat substantive rights and obligations under the Agreement are not affected bythe national laws of the parties. It is the 123 Agreement and its provisionsthat indicate the obligations of both sides. The 123 Agreement clearlyover-rides the Hyde Act and this position would be clear to anyone who goesthrough the provisions.
(iv) Other clarifications were sought on the right to re-process and theright to test and the provisions under which the United States would determineits cooperation with India.
Great care was taken while finalizing the 123 Agreement to arrive atprovisions which are satisfactory from India’s point of view. The Agreement,hence, specifically grants consent to re-process or otherwise alter in form orcontent nuclear material transferred pursuant to the Agreement. India has agreedto establish a new national re-processing facility dedicated for re-processingnuclear material under IAEA Safeguards. There is nothing in the Agreement whichplaces an embargo on India’s right to carry out a nuclear test if it thinksthis is necessary in India’s supreme national interest. To meet thecontingency (raised by the Hyde Act) that the United States might terminate itscooperation with India if it carried out a nuclear test, a very elaborateconsultation process has been included in the 123 Agreement. The consultationswould go into the relevant circumstances; take into account the specificrequirements leading to a test; whether there had been a change in the securityenvironment which required this; and/or whether this was a response to similaractions by other States which could impact on India’s national security.Furthermore, it is stated in the Agreement that the two parties recognized thatexercising the right of return would have profound implications for theirrelations and that both parties should take into account the potential negativeconsequences of such termination of on-going contracts and projects.
Advertisement
(v) A reference was again made to the Agreement between India and theInternational Atomic Energy Agency for the application of Safeguards to CivilianNuclear facilities.
The salient features of the Draft Agreement (which are yet to be finalized),reflect the key understandings relating to fuel supply assurances, strategicfuel reserves and corrective measures. Provisions have been included that makeit clear that India is offering its civilian nuclear facilities voluntarily forsafeguards and keeping in view these assurances. Most importantly, the Agreementprovides for the filing of a declaration, based on its sovereign decision, andonly when India determines that all conditions conducive to the objectives ofthe Civil Nuclear Cooperation Agreement and concomitant arrangements have beenfulfilled. This ensures that India would retain the right till the very endbefore putting any of its reactors under safeguards.
Advertisement
(vi) A major principle underlined in the Agreement with the IAEA is that theIAEA shall implement safeguards in a manner that do not hinder or otherwiseinterfere with any activity involving the use by India of nuclear material ortechnology developed by India independent of this Agreement for its ownpurposes.
