Nuclear Liability Treaty Prudent For India: Greenpeace

With the number of nuclear reactors in its neighbourhood increasing, it would be prudent for India to join an international treaty regulating liability in case of nuclear accidents, a leading global environmental group has urged.

According to Greenpeace, Chinas nuclear plans might convince New Delhi to become a signatory to a convention on nuclear liability and join a proposed global fund for compensation in case of nuclear accidents.

China has three nuclear reactors operating producing 2,167 megawatts (MW) and two more under construction with a capacity of 1,200 MW to meet its increasing demand for electricity. At present, Pakistan has a 125 MW nuclear power plant and another 300 MW one is under construction.

India may consider it prudent to seek protection from damage arising out of nuclear accidents in its neighbourhood by signing the convention as the number of nuclear reactors around it increases, said Simon Carroll of the political unit of Greenpeace.

Greenpeace is one of the only two non-governmental organisations invited as observers in the international conference here to finalise amendments to the 1963 Convention on Civil Liability for Nuclear Damage, and approve the new Supplementary Funding Convention (SFC).

Any country developing nuclear power should take responsibility not only of its own people, but also for its neighbours (in case of damage due to a nuclear accident), said Carroll.

The 1963 Convention, better known as the Vienna Convention, has been ratified only by 28 countries. In South Asia, neither India nor Pakistan, the two countries with significant nuclear facilities, has signed it. Nor is China a signatory. The Philippines is the only Asian country to have ratified it.

The five-day diplomatic conference, attended by representatives of more than 60 nations, has been organised by the Vienna-based International Atomic Energy Agency (IAEA).

The advantages of (India) joining the convention is that the countrys people and its neighbours citizens are protected and there is a positive feeling that steps would be taken to protect people, said Carroll.

An Indian official at the mainly closed door meeting, said it was still a long way before India even decided whether to sign the liabilities convention or not. First it has to be adopted for us to consider it, the official said.

Diplomats say that even though India participated in the meetings of the expert group which drafted the amendment and the SFC, it did not play a major role like in the meetings to draft the nuclear waste convention. India was usually silent (at the liability meetings), one Asian diplomat SAID.

According to sources, an Indian proposal to reduce operator liability by half in case of accidents in nuclear plants in developing countries, was rejected on the ground that the amount was too low.

Once the amendment and the SFC are adopted, they would be opened for signature during the IAEAs annual general conference later this month.

The amendments to the Vienna Convention seek to expand its scope and increase the compensation for damage from nuclear accidents. Under the 1963 treaty, the operator of a nuclear plant is liable for the accident, but critics of the provision demand that the mostly Western nuclear reactor building firms should also to be held responsible. It is also proposed to increase the operators liability limit from the present $45 million to about 300 million Special Drawing Rights (SDRs) which is about $420 million.

The amendment also envisages an extension of the deadline for seeking compensation from ten to 30 years from the date of the accident and allows claims to be made for environmental damages.

The draft, however, still excludes the operator from any claims if the accident is by some natural disaster, terrorist attack or civil war.

The SFC seeks to set up a global fund of an extra 300 million SDRs to which states which are party to the convention are expected to contribute.

This would be like an extra pot of funds, explains a diplomat at the conference. According to the draft, half the fund is to be used for compensation outside the borders of the country where the accident occurred. Both conventions apply only to civilian, and not military, facilities.