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Guia de Estudos / Study Guide / Guia de Estudios
New Zealand’s Allegations
AS TO THE NUCLEAR TESTS
New Zealand’s department of Health, together with
the Meteorological Service of the Australian Radiation
Laboratory, have the most intense monitoring program
for nuclear testing of the Pacific region. Many measurements
were taken and they show that radioactive material
has swept west to the central South Pacific.
First of all it is prompt to notice that by doing atmospheric
tests, France violated the Nuclear Test Ban Treaty
of 1963 (Signed on August 5, (182 signatories and 155
ratifies) 17 was the result of a hard negotiation between
the United States, the United Kingdom, Canada, France,
and the Soviet Union to began on the ending of nuclear
weapons testing, mediated by the United Nations Disarmament
Commission. This treaty pursued all diplomatic
efforts for a test ban treaty before resuming underground
testing. The test ban was a first step to nuclear
disarmament 18 and even countries such as New Zealand
and U.S.A. refusing to help France with that type of tests
France has managed, using different national airlines, to
staff the test sites to its own satisfaction.
Because of the submission made by New Zealand and
Australia, the atmospheric tests made by France, were
prohibited by the ICJ. Some of the environmental effects
that those tests caused were the remains in the
atmosphere, on the ground, and in water bodies of
about one half of the cesium and strontium.
Some of the environmental effects of the underground
tests made by France at Moruroa atoll were divided in
short term: fracturing of the atoll surface triggers landslides,
tsunamis (tidal waves), earthquakes and radio
nuclides vented to the environment and long term effects:
leakage of fission products to the biosphere, fish
poisoning and transfer of dissolved plutonium from
the lagoon to the ocean and the food chain. 19
The winds which circulate in the high-pressured region
of the Tuamotu island group were the reason why the
contaminated water was carried by ocean currents towards
to New Zealand and Australia on a south-southwest
swing, making these effects to affect New Zealand.
Diplomatic protests concerning the French tests were
made by Australia and, New Zealand, in order to prevent
other countries from these dangers.
France has breached the Moscow Test Ban Treaty of
1963 which stated that all atmospheric tests of nuclear
weapons are illegal. This treaty had nearly universal acceptance,
which shows an international consensus in
favor of the principles contained therein. One of the
main importance of the Test-Ban Treaty was the overwhelm
expectation of the world it created about the
unlawfulness of atmospheric nuclear testing.
Therefore, France breached this important treaty when
pursuing atmospheric nuclear tests. From 1966 to
1975, France conducted 41 atmospheric tests in the
Muruoa atoll, located on the French Polynesia. 20
AS TO THE 1986 AGREEMENT
France started to threaten New Zealand’s access to the
European Economic Community market, having New
Zealand’s exports boycotted. As a reaction, New Zealand
started to act in a similar way. Because both countries
were having economical damages, they allowed
the United Nations Secretary General at the time, Mr.
General Javier Pérez de Cuéllar, to mediate a settlement.
Therefore, the 1986 agreement was made in 8 July
1986. It was a binding decision, that France had to pay
NZ$13 million (USD$6.5 million) to New Zealand as a
recognizance of apology. Additionally, France was ordered
not to interfere anymore on New Zealand’s trade
negotiations.
Alain Mafart and Dominique Prieur, both French agents
disguised that acted in the Rainbow Warrior case, were
to serve their sentences, and therefore arrested at the
French military base on Hao atoll, in French Polynesia,
for three years.
However, instead of doing what was agreed, the two
agents returned to France, after less than two years on
the atoll. Alain Marfart returned on 1987 because of “illness”
and Dominique Prieur returned on May 1988 because
she was pregnant. Both of the agents, when arrived
home, were honored, decorated and promoted.
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