ON October 24, 2020, the UN Treaty on the Prohibition of Nuclear Weapons (TPNW), adopted by two-thirds of UN member states in 2017, reached the required 50 state parties for its entry into force on the January 22, 2021, when it becomes binding on the states that have ratified it. The significance of the TPNW for Scotland is huge.

Nuclear weapons are now prohibited weapons of mass destruction, along with chemical and biological weapons. The TPNW comprehensively prohibits its member states from developing, testing, producing, manufacturing, transferring, possessing, stockpiling, using or threatening to use nuclear weapons, or allowing nuclear weapons to be stationed on their territory, or even acting to assist or encourage others in any of these activities.

A nation that possesses nuclear weapons may join, so long as it agrees to destroy them within a legally binding, time-bound plan. A nation that hosts nuclear weapons may also join, provided there is a time-bound agreement for removal. It obliges members to remedy harm done through nuclear testing and obliges them to urge all states to join and work to eliminate these terrible weapons.

The International Campaign to Abolish Nuclear Weapons (ICAN), working with UN member states, faith groups and NGOs, and inter-governmental conferences, revealed that the humanitarian consequences of nuclear weapons are much more grave and complex than previously understood. The UN convened the conference that adopted the TPNW. ICAN received the Nobel Peace Prize for its contribution.

Already, some financial institutions are saying no to nuclear weapons, and we can urge more to divest with the help of the treaty. Along with the other nuclear-armed states which oppose the Treaty, the UK is invited to the first meeting of state parties – and could contribute its experience and knowledge of verifying weapons.

Scotland has a distinctive role in the UK’s nuclear weapons policy, with all UK nuclear weapons operating from Scotland’s Faslane naval base and the Coulport storage facility. There is no viable alternative site in these islands outside Scotland and this has been understood and undeniable since before the 2014 referendum.

If Scotland signs the treaty, this situation would be outlawed by the UN, whatever position was taken by the UK and regardless of their own relationship with the treaty. In addition to the articles prohibiting nuclear weapons use, the treaty specifically forbids a signed-up state from allowing any stationing of any nukes on its territory or under its jurisdiction and also insists that states in the treaty will ensure the prompt removal of any nuclear weapons belonging to another State, with a clear timeline for this action.

An independent Scotland, committed to joining the UN and acceding to the TPNW would enjoy the support of all the 120 states who, in 2017, expressed their approval of the treaty at the UN.

We know that campaigners in nuclear-armed states who are watching the increase in support for independence are also greatly heartened. Commitment to the TPNW will allow Scotland to build on the special relationships Scotland already has with Ireland, Austria and South Africa.

The protocols that prevent these supportive states from openly criticising the UK in their internal policies would not apply in the same way if Scotland had a seat at the UN and the TPNW’s positive obligation to urge other states to join would mean that they would be able to embrace a Scottish accession to the Treaty and distance themselves from the UK’s abstention or opposition to it.

How we act as an independent nation in relation to the scourge of nuclear weapons will be determined by our commitment to the TPNW and our early ratification.

It is the legally binding instrument which ensures that the full force of the UN and international law will protect our government from any pressure to give the UK a long lease of the Clyde for nuclear weapon bases. The remnant Westminster government would be faced with no credible alternative to disarmament.

Aside from independence, the Scottish Government has the devolved competence to support the TPNW in several ways.

Responsibility for civil society’s basic safety includes risk assessment of the nuclear warhead carriers on Scottish roads and radiation leak investigation in the Gare Loch, which would help to make Scotland “TPNW ready”, as well as fulfilling existing obligations.

The Government can educate our citizens about the UN processes and our health workers about radiation effects. The distinct Scottish legal system and police force can consider Scotland’s responsibilities and address the changing norms in international humanitarian law.

The TPNW can change the world fast, especially when backed up by civil society in applying public pressure.

See www.nuclearban.scot for info on the TPNW and the Scottish organisations working for it, or email hello@nuclearban.scot to contact them