India-US Nuclear deal vaguely worded

On Friday 27 July 2007, both <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />India and US governments expressed their satisfaction after completing - in Washington last week - the final terms of controversial civil nuclear cooperation accord initially signed in July 2005. The deal would allow India access to US nuclear fuel and equipment for the first time in more than 30 years. Never mind that after it was initially unveiled two years ago, opposition to this nuclear accord was evident in many quarters. India is not a not a member of the Non Proliferation regime. American civil cooperation with India on nuclear energy was a dead end since Delhi conducted its atomic tests in 1974 and 1998. Nevertheless, Washington and New Delhi once more hailed the newly worded deal as a historic milestone in their strategic partnership.   

The final text of this nuclear accord, also known as 123-agreement, has still to be made public. However, legal vagueness is the strategy used by both parties to please most of their critics; its approval is still pending at the American Congress and International Organisations. 

In New Delhi, both left members of the governing coalition and BJP party opposition had expressed their negative response to the 2005 nuclear deal. They were rather reluctant to allow the American supervision of nuclear military facilities. Then, fearing a setback on the agreement in the US Congress the Indian government initially restrained its support to Iran at the International Atomic Energy Agency (IAEA).  On Wednesday and after considering tantamount effects of a dilatory approval, the Union cabinet finally commended the renegotiated nuclear cooperation accord. Under the new terms, American and Indian firms would be able to participate in each other's civil nuclear energy sector. India's nuclear industry is thrilled with the accord, as it would allow it to launch 10 nuclear reactors of 1,000 MW each. India is craving for energy to complete its development plans.

In the US, there are persistent signs of opposition to the newly worded accord. Some analysts have already expressed their fear this deal would encourage India to engage in a nuclear proliferation spree and legitimise similar accords between Pakistan and China.  They are also concerned over India – Iran bilateral relations and energy projects. Furthermore, twenty-three members of the House of Representatives warned President Bush they would not approve deal if it did not abide by conditions set out in earlier legislation. Last year, Congress passed the Hyde Act that established minimum conditions for nuclear cooperation with India:  the US should retain the right to demand the return of all fuel and technology supplied under the deal in the event that India tests a nuclear weapon. Nevertheless, according to Indian negotiators the newly worded agreement makes no explicit reference to the US Hyde Act. It mostly stressed the establishment of a safeguard regime to ease both domestic and international concerns over Indian weapon programs. 

An American Congress report said the legal references to the Hyde Act were rather vague to allow different interpretations by both sides. The strategy for vagueness was to save the deal and conceal a major concession: The Bush administration has “agreed to help New Delhi secure fuel for its reactors, even if it conducts another atomic test”. Nevertheless, this vaguely worded deal has still to undergo Democrats scrutiny in Congress.  India will also have to negotiate at two instances that are more international. On one hand, a safeguards agreement with the International Atomic Energy Agency (IAEA) is at stake.  On the other, permission on nuclear trade from the Nuclear Suppliers Group (NSG) has to be successfully secured. Only after receiving approval of American Congress and International instances, can India safely return to an uncritical nuclear energy spot in the international arena.

Sources: The Hindu Times of India Kerala Next The Statesman VOA PTI BBC CSMonitor Washington Times FT IPS NTI New York Times PressTV Xinhua The Pioneer Indianexpress AlJazeera LA Times AllIndia News The Wall Street Journal PressTV