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India gets NSG waiver : Major victory for UPA Government

	September 08, 2008

In a major victory for the United Progressive Alliance Government headed by the Congress, the Nuclear Suppliers Group, meeting in Vienna, has granted India a crucial waiver that will enable the country to carry out nuclear commerce. This ends 34 years of India’s isolation enforced in the wake of the 1974 Pokharan atomic test.



The unprecedented decision of the 45-nation nuclear cartel giving exemption to a country which has not signed the Nuclear Non-Proliferation Treaty (NPT) and the Comprehensive Test Ban Treaty (CTBT) is a landmark step in the implementation of the Indo-US civil nuclear deal that will now go to the US Congress for approval.



“After protracted negotiations, the NSG today adopted an exemption for nuclear exports to India,” the Austrian Foreign Ministry said in a statement. “There is a sense of relief. I am particularly happy that the waiver (for India) meets with international nuclear non-proliferation architecture,” Peter Launsky, Austrian Foreign Ministry spokesman said after an unscheduled meeting of the NSG in Vienna.



Austria, along with Ireland, New Zealand and Switzerland had expressed strong reservations over the waiver being given to India that forced the grouping to have an unscheduled meeting on April 6 after two days of deliberations failed to produce a consensus.



China, which had on Sept.5 night joined these countries, on Saturday did not oppose the waiver but raised some questions regarding specific issues. After the consensus was adopted, Beijing expressed its stated position.



Some changes have been made to the revised draft of the waiver to assuage concerns of the sceptic countries but details of the exact changes were not available. Hectic behind the scenes negotiations marked the diplomatic triumph for India in which the US played a major part by talking to the naysayers in extended late night discussions.



One hurdle remains before the Indo-US nuclear deal could take force — ratification by the US Congress. It must act before adjourning in late September for elections or the deal could be left to an uncertain fate under a new US administration.





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PM thanks Bush



Prime Minister Manmohan Singh on Saturday, Sept. 6, called up President Bush and thanked him for his role in getting clean waiver for India from the 45-member Nuclear Suppliers’ Group.



The two leaders expressed their belief that mutually beneficial relations between India and the U.S. were in the interest of their people, and were on a path of steady consolidation and multifaceted expansion, to which both the leaders reiterated their commitment.



Dr. Singh termed the NSG’s act a “forward looking and momentous decision” marking the end of India’s decades-long isolation from the nuclear mainstream and of the technology denial regime.



“It is recognition of India’s impeccable non-proliferation credentials and its status as a state with advanced nuclear technology. It will give an impetus to India’s pursuit of environmentally sustainable economic growth,” he said.



Thanking the U.S. and other member countries of the NSG for their role in ensuring this outcome, Dr. Singh said the opening of full civilian nuclear cooperation between India and the international community would be good for India and for the world.



“We look forward to establishing a mutually beneficial partnership with friendly countries in an area, which is important for both global energy security as well as to meet the challenge of climate change,” he said.



External Affairs Minister Pranab Mukherjee hailed the NSG waiver as a “unique development” achieved in accordance with commitments given to Parliament, and was consistent with India’s national interest.



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Congress hails the deal



The Congress hailed the NSG waiver for India as “historic” and said that it was a significant victory not only for the UPA but for all Indians. “It is a historic day for India. It is a red letter day,” party spokesman Manish Tiwari said moments after reports from Vienna spoke of India getting the waiver by consensus. He said it was indeed a significant victory not only for the UPA but for all Indians.





China, Left parties did all they could to scuttle NSG waiver



Whatever may be the ultimate fate of the Indo-US civilian nuclear deal, China and the Indian Left Parties, equally supported by the BJP, did all they could do last week to make sure that Indian does not get the waiver of the restrictions imposed by the 45-nation Nuclear Suppliers Group (NSG) on engaging in Nuclear commerce with other countries.



At Vienna, where the scheduled two day talks of the NSG spread over to the third day on Saturday, September 6, there were indications that China encouraged some smaller countries to move ‘killer’ amendments to the waiver draft. The intention apparently was that conditions should be attached to the waiver which would be unacceptable to New Delhi. The conditions related mostly to India’s right to undertake nuclear tests in future. Some of the smaller countries like Austria, Ireland and New Zealand moved amendments, reportedly at China’s behest, providing for inclusion of prescriptive clauses saying that India would undertake not to conduct nuclear tests in future and if New Delhi does conduct such tests, the waiver would automatically cease to operate.



Chinese representatives also put forth the view that there should be no hurry in approving the waiver and that there should be no problem in postponing the discussion till a complete consensus is arrived at. If this view were accepted, it would have made it very difficult for the current US Congress to approve the 123 agreement between India and the United States before the term of the Bush Administration ended. In the decision would have been left to the next US administration and the new US Congress to be formed after elections towards the end of the year. This would have opened the possibility of the new administration going over the deal again, with unforeseen outcome. The presidential nominees of both the Republicans and the Democrats have generally supported the Indo-US nuclear deal, but almost certainly, whoever wins would have reopened the nuclear deal with a view to modify it in the best interests of the United States. These may not have coincided necessarily with those of India.





CPI(M) and BJP attack Manmohan Government



The Left parties led by the CPI(M) and the BJP led National Democratic Alliance (NDA) had already been very critical of the UPA Government’s decision to go ahead with the nuclear deal with the United States, which climaxed with their tearing into the UPA during the debate and voting on the trust motion in the Lok Sabha on July 21 and 22. They found another ground to attack the Government when a leading American newspaper, the Washington Post published on Wednesday, September 3, a secret communication from the Bush Administration to the US Congress in January 2008 which stated that the administration would immediately terminate nuclear trade with India, should it test again and will not provide New Delhi sensitive enrichment and re-processing technologies. The main features of the Bush Administrations policy on the nuclear deal were already well-known, but the leaked letter nevertheless trigerred a political storm, with the Left making its fiercest attack yet on the Government over the deal.



CPI(M) general secretary Prakash Karat, using very harsh language, said that the Manmohan Singh Government was “shamelessly” clinging to power after what he called “misleading” the country.



In an attempt to corner the Government, the CPI(M) along with other anti-Congress, non BJP parties is planning to petition the President for immediate convening of Parliament to enable it to discuss the latest developments and censure the Government.



Alleging that the Government did not want Parliament to be convened before the US Congress met, Prakash Karat said, New Delhi was going ahead with the Indo-US nuclear deal with ‘contempt’ of Parliament. “It’s a shameless government. It’s not ready to face Parliament...And it is still not ready to step down,” Karat told reporters.



Though Karat evaded queries on whether his party would bring in a no-confidence motion against the government, he demanded that a separate winter session be convened. With the government unwilling to prorogue the July 21-22 session, it has ensured that a no-confidence motion cannot be brought in the ongoing session of Parliament. If a separate winter session is convened, any party can bring a no-confidence motion. The Left BSP, UNPA and JDS have asked President Pratibha Patil to immediately convene the session, which is scheduled for October 17.



“The only option left for this government is to quit. The Prime Minister should resign,” Karat said alleging that the answers given by the US State Department to the House Foreign Affairs Committee made it clear that the 123 agreement contradicted the assurances given by the Prime Minister in Parliament. These, he said, included full co-operation on civilian nuclear technology, placing Indian facilities in perpetuity as US reciprocally was guaranteeing it right to build strategic reserves, not compromising India’s interests and termination of the agreement only after at least a year long process of consultation. Karat said “it is evident that the Indian government was fully aware that the fuel supply assurances did not cover termination of the 123 agreement and they have deliberately mislead the country. The IAEA safeguards are in perpetuity while the fuel supply assurances only cover market failures.”



He said India could import reactors and uranium but cannot access any technology that will help in either the fast breeder programme or the fuel cycle.



Claiming that the Left apprehension on termination clause had been vindicated, Karat said it had now become clear that the US can stop all supplies and a nuclear test was not the only reason. This, according to Karat, could mean that the US can stop all supplies even on reasons such as India’s approach to Iran.





BJP threatens privilege motion against PM



The BJP on its part threatened to move a privilege motion against Prime Minister Manmohan Singh for allegedly misleading Parliament over the nuclear deal. Former External Affairs Minister Yashwant Sinha told mediapersons in New Delhi on Thursday, Sept. 4: “We want an immediate session of Parliament so that we can move a breach of privilege motion against the Prime Minister. The only other option is that Dr. Manmohan Singh must step down making way for fresh elections.”



The BJP said: “ The disclosures of the State Department have confirmed our worst fears. India cannot escape the rigours of the Hyde Act. It is now crystal clear that India will lose the right to conduct nuclear tests forever as a result of this agreement. The PM’s lies have been nailed for the nth time.”



Sinha claimed the revelations in the US Administration’s letter to the Chairman of the House Foreign Affairs Committee leave no doubt that this deal does not contain any binding commitments by Americans and others regarding fuel supplies and on transfer of technology.



The BJP insisted that a US President, who was not going to return, and an Indian PM, who may not return, should not be allowed to negotiate such an important deal and it should rather be left to the future Governments.



Seeking to make a point-by-point rebuttal of the Prime Minister’s statements in Parliament, senior BJP leader Arun Shourie said the Bush Administration has been maintaining that it would not transfer enrichment and reprocessing technologies, while the UPA Government has been claiming that the cooperation would be ‘full’ including such transfers.



He claimed that the letter ‘nailed’ Singh’s statement in Parliament that he will not allow foreign inspectors to roam around in Indian nuclear facilities.



“The word inspectors was replaced by experts,” he said, adding that international nuclear experts would have full access to Indian nuclear facilities according to the 123 Agreement.





Govt will stick to assurances to Parliament



The Manmohan Singh Government, on its part, said on Sept. 4 that it will stick to assurances given to Parliament on the nuclear deal. Sending a message to critics of the deal at home and abroad, External Affairs Minister Pranab Mukherjee said: “We cannot go beyond our commitment to Parliament, commitment made by the Prime Minister and commitment made by ourselves.”



Mukherjee said the Government has no problem with the new amended draft. Asked whether India is ready to accommodate more changes in the draft, Mukherjee said: “We are committed to what we have stated in Parliament. We have tried to meet our commitment in all the documents which we have entered into in connection with the civil nuclear cooperation.” These included the 123 agreement, the India-specific safeguards agreement with the International Atomic Energy Agency (IAEA) and also in the draft circulated by the US to the NSG countries. The Minister did not want to speculate on whether the US Congress would have enough time to approve the agreement. “That will depend on the calender of the US Congress,” he said.



Mukherjee sounded optimistic about the Indo-US strategic relationship moving forward irrespective of whoever occupies the White House after the coming presidential elections in the United States.



Allaying the fears of countries about possibility of nuclear proliferation because of the waiver to be given to India, Mukherjee reaffirmed the country’s commitment to strengthen the non-proliferation regime. He assured the world community that India would abide by a “voluntary unilateral moratorium on nuclear testing.”



In a statement released on Sept. 5, Mukherjee said: “India will not be the source of proliferation of sensitive technologies, including enrichment and reprocessing transfers. We stand for strengthening of the non-proliferation regime.”



The United States welcomed the suo motu statement issued by Mukherjee in the backdrop of the Nuclear Suppliers Group meeting.





Govt rejects charge against Prime Minister



Parliamentary Affairs Minister Vayalar Ravi rejected the opposition charge that the Prime Minister had misled Parliament on the Indo-US nuclear cooperation. He said the government is not shying away from facing Parliament on any issue. Ravi said in New Delhi on Sept.5 : “We have decided to convene the House during October and the process to hold the session has been set in motion.” He said the government wanted to hold the Monsoon session from August 11, but then it decided to have the trust vote in July which led to a change in schedule.



Ravi said between now and October 17, when Parliament is scheduled to meet, the Prime Minister has a series of engagements traveling overseas followed by Durga Puja-Dussehra festivals.





Samajwadi Party to go along with PM on N-deal



In a major relief to the Government, the Samajwadi Party said on Sept. 5 that the party would go along with the Prime Minister’s assurance that there would be no compromise on the country’s sovereignty in case it conducted a nuclear test. Speaking at a meet-the-press programme in New Delhi, party general secretary Amar Singh said: “We will take the final agreement at the Nuclear Suppliers Group as evidence.” He said when the Samajwadi Party consulted former President A.P.J. Abdul Kalam, he said that India had conducted enough tests for nuclear capability, was already a nuclear weapon state and that no fresh tests were required.



Amar Singh’s remarks brought some relief to the Government as they came after Samajwadi Party president Mulayam Singh Yadav’s statement that he was in a dilemma because of the contradiction between the American-leaked letter and Pranab Mukherjee’s observations.