Greenpeace reveals that the BNFL plutonium ships breached the
Federated States of Micronesia's 200 nautical miles Exclusive
Economic Zone (EEZ) at 9.50 am local time this morning in direct
contravention of that nation's stated wishes. The shipment of
rejected plutonium mixed oxide (MOX) fuel is in transit between
Japan and the United Kingdom.
Greenpeace, using a small aircraft, found the ships sailing 7
miles apart at co-ordinates 08 degrees 10 minutes North 158 degrees
44 minutes East, on a bearing of 157 magnetic (1). This is the
first breach of a Pacific Island Nation's EEZ and Greenpeace
predicts that over the next ten days the ships will breach the EEZs
of many Pacific Island Nations despite their opposition. These
breaches are occurring in contravention of the requirements of
United Nations Convention on the Law of the Sea, which stipulates
that the shipping nations have legal obligations to engage in
meaningful consultation on matters such as emergency contingency
plans and to conduct an environmental impact assessment. The
consultation and notification should include detailed routing and
timing information to emergency and marine safety authorities of
each en route state.
On 5 July, the Government of the Federated States of Micronesia
issued a formidable statement that reiterated "its continued strong
opposition to the shipment of MOX fuel through the region,
especially through its Exclusive Economic Zone" the statement went
on to say "it is apparent that the shipping nations continue to
show disregard for these concerns and ignore their responsibility
under international maritime law" (2).
"Greenpeace today witnessed the Governments of Japan and UK
together with their nuclear industries arrogantly disregard the
legitimate call by a Pacific sovereign nation not to sail their
lethal nuclear shipment through the Exclusive Economic Zone of the
Federated States of Micronesia." said Simon Boxer, Greenpeace
International nuclear campaigner. (Boxer is currently on the island
of Pohnpei in the Federated States of Micronesia). "Greenpeace
believes the irresponsibility and arrogance of sending this
dangerous shipment through the Pacific by Japan and the UK must not
go unpunished. Legal redress can and should be sought through the
international courts by all enroute nations especially in the
Pacific to prohibit this unjustifiable trade."
Each nation has the right and obligation to protect the marine
environment within its EEZ under the Law of the Sea Convention. As
a result of the shipping states failure to consult with en route
states, the BNFL ships, Pacific Pintail and Pacific Teal, have no
rights to 'innocent passage' and can be excluded from en route
countries' EEZs. These concerns are compounded by concerns of
inadequate security amidst fears of terrorist attacks on the
shipments.
The African, Caribbean and Pacific (ACP) Group of States are due
to meet between 16 -19 July in Fiji. The Caribbean Community has
already sent a strong signal to the Japanese and UK Governments
expressing their "implacable opposition to the shipment of nuclear
waste through their region" and calling on Japan to find
alternatives (3). The ACP meeting has an opportunity, that it
should seize, to make statements of opposition about the
shipment.
Concern around the shipment has grown since a British Navy
destroyer, HMS Nottingham, was grounded off the World Heritage
island of Lord Howe in the Tasman Sea and an oil tanker ran aground
last week in Fiji. A senior military source verified to Channel 4
News in the UK that the Nottingham was there to escort the nuclear
freighters during their passage to the Southern Ocean. The
grounding of this naval vessel has highlighted that accidents can
and will happen to ships manned by apparently highly trained and
competent sailors. In trying to explain the grounding, a Royal Navy
spokesman described the accident as a "reminder that the sea is a
very dangerous place and pretty unforgiving despite all the
training and electronic wizardry" The latest accident has exposed
the hazards and security risks of shipping plutonium on the high
seas.
A flotilla of twelve yachts, which left Australia, New Zealand
and Vanuatu on Sunday 7 July, are sailing into the Tasman Sea to
protest against the shipment. The yachts will gather next week in
the northern Tasman Sea and wait for the two ships as they pass
through the Tasman Sea to peacefully protest their transit.