FRANCO-LIBYAN NUCLEAR PROTOCOL TRIGGERS CONTROVERSY
September 2007 Issue
 

On July 26, 2007, the international press reported that, during a state visit to Tripoli, French President Nicolas Sarkozy signed a protocol with Libyan leader Moammar Qaddafi to build a nuclear reactor in Libya for water desalination. [1] Commenting on the nuclear protocol, the French President declared, “Nuclear energy is the energy of the future… if we do not provide the countries south of the Mediterranean Sea with the energy of the future, how would they progress? … And if they do not progress how can we fight terrorism and extremism?” [2] In 2003, Libya agreed to eliminate all its weapon of mass destruction (WMD) programs under international oversight, a step that paved the way for the restoration of diplomatic ties with the United States and other Western governments and ended a formal embargo on nuclear trade with Tripoli.

Notwithstanding Libya’s renunciation of WMD, the nuclear protocol triggered sharp criticism within France and Germany for offering Libya technology that could potentially contribute to proliferation. The announcement of the deal, moreover, came just two days after Libya, in exchange for $400 million, released six foreign medical workers sentenced to life imprisonment for allegedly infecting Libyan children with HIV. France played a major role in these negotiations. Some detractors charged that the timing of the nuclear deal suggested that it and a conventional arms sale contract Sarkozy also signed with Libya during his visit were part of a quid pro quo to secure the release of the foreign medics. These detractors complained that the French leader paid too high a price to assure the success of that effort. [3]

Opposition at Home and Abroad
In France, the nuclear protocol was received with skepticism, if not outright condemnation. The opposition Socialist Party declared in a July 26 statement that, “Civilian nuclear [technology] can be used sooner or later to develop military applications,” and asked, “Is it not a bit soon to be throwing ourselves into Qaddafi’s arms and giving him our international endorsement?” [4] Two days later, on July 28, Yann Wehrling, spokesperson for France’s Green Party, deplored the fact that “Those who want to sell French nuclear [technology] anywhere in the world, to any regime and at any price have acted with boundless cynicism…. Libya still remains a non-democratic regime.” [5]

In contrast to the uranium enrichment capability being developed by Iran, the Franco-Libyan deal involves a nuclear power facility, which cannot provide direct access to material usable for nuclear weapons. Nonetheless, Bruno Gulnich, from the far right National Front, linked the two nuclear programs, stating in a July 30 interview, that he “cannot understand the double standards in the way Sarkozy deals with Libya and Iran.” [6]

In Germany, Ruprecht Polenz (CDU/CSU), Chairman of the Foreign Affairs Committee of the Bundestag (the lower chamber of the German parliament), made a similar connection, declaring on July 28, “It is naïve to give Qaddafi such a head-start in nuclear technology compared to Tehran.” [7] By encouraging Libya to expand its nuclear capacity, Polenz continued, France is undermining European Union efforts to persuade Iran to freeze its nuclear program. [8] Germany, France, and Great Britain, known as the EU-3, have played a major role in these efforts. Polenz added that, to guarantee that nuclear fuel received from France will not be used for military purposes, Libya must return all of it to France after use. [9] The same day the German government expressed its hesitation regarding the protocol; Deputy Minister of Foreign Affairs, Gernot Erler, termed the deal, “politically problematic.” [10]

Adding to Berlin’s discomfort is the fact that the German industrial giant Siemens owns 34 percent of the company that would likely build the Libyan reactor, Areva NP; the firm is also partially owned by the French government. On July 30, 2007, Margareta Wolf, the foreign affairs spokesperson for the German Greens’ parliamentary group, warned that “Siemens would be wise in terms of its image and its responsibilities not to play with fire with this.” [11] Henning Rikah, a Berlin-based political analyst summarized German views in a comment to the Qatar-based news channel Al-Jazeera: “Germans are not happy about the exportation of nuclear energy.” [12]

Less Concern in Other Quarters
The U.S. government has not expressed disquiet over France’s plan to supply Libya with a nuclear desalination plant. State Department spokesman, Sean McCormack, declared, “I expect ... that the French government would pay full attention to making sure that any safeguard will be implemented in any sort of deal.” [13]

Nonetheless, the Bush Administration has proceeded cautiously in its own nuclear dealings with Tripoli, limiting cooperation in the nuclear field to the uses of nuclear materials for medical purposes. [See text below.]

A number of nonproliferation experts also rejected the idea that the Franco-Libyan protocol would assist Libya in developing nuclear weapons. On July 26, Agence France Presse quoted former U.S. official Mark Fitzpatrick, now a non-proliferation expert at the London-based International Institute for Strategic Studies (IISS), as saying, “I don’t think there is any proliferation risk, given the fact that Libya is still cooperating with the International Atomic Energy Agency (IAEA).” [14] Referring to Libya’s elimination of its WMD programs, he added, “Libya’s cooperation with the IAEA and the British and American governments has been exemplary.” [15] Similarly, Khaled Charkawe, a Moroccan professor of African studies, pointed to the technical limitations that would prevent Libya from converting a civilian nuclear program into a military one. He told Al-Jazeera on July 27:

The transfer of civilian technology does not pose any threat at the level of military technology. This is because the uranium to be used at this nuclear plant will never become a tool for military use….Libya will not be able, with its technical and technological capabilities, to develop military capabilities . . . . [16]

While the Franco-Libyan nuclear protocol was not extensively covered by the Arab media, an editorial in the United Arab Emirates-based daily Gulf News commended the French President’s posture of trusting Arab states with nuclear energy. The editorial suggested that Sarkozy had complex motivations for taking this stance, including both the desire to differentiate France from other Western powers and the desire to reap profits from France’s nuclear expertise. The paper wrote:

 

 


On March 12, the Libyan news agency, Akhbar Libya, reported in a story entitled, “U.S. To Assist Libya in Building a Civilian Nuclear Station,” that the General People’s Committee [the Office of the Prime Minister] had given the Libyan Ministry of Foreign Affairs the green light to “sign the nuclear agreement that the U.S. had offered to Libya.” [1] In addition to cooperation on nuclear energy, the news agency added that the objectives of the agreement were increasing water desalination, improving radiochemistry performance at energy research centers, creating joint projects using nuclear technology in the fields of agriculture, industry, environment and medicine, and allowing Libyan citizens to study nuclear sciences in American academic institutions. [2]

The U.S. State Department quickly sought to quash the expansive Libyan interpretation of plans for bilateral nuclear cooperation. On March 13, a U.S. official anonymously told the daily Almanara that, after Libya had renounced its WMD programs in 2003, the United States stated that it would be open to discuss cooperation in some aspects of the peaceful uses of nuclear energy. [3] He added that bilateral discussions had been held only with respect to a medical center and pointed out that even these discussions are still on-going. [4] On the same day, Tom Casey, a State Department spokesperson, underscored these points: “We are in discussions with the Libyans regarding a project to help them develop a nuclear medicine center, and that is the only thing you could use the word ‘nuclear’ in relation to past agreements.” [5]

 
 
Sources and Notes

[1] “Amirica Tusa3idu Libya Libina’ Mahatta Nawawiyya Madaniyya” [U.S. Will Assist Libya in Building a Civilian Nuclear Station], Akhbar Libya, March 12, 2007.
[2] “Libya Satuwaqi3u Ma3a America Itifiqiyya Liincha’a Mahatta Nawawiya Madaniya” [Libya and the U.S. Will Sign an Agreement To Build A Civilian Power Plant], Asharqalawsat, March 13, 2007.
[3] “Masool Amiriki Taqrir Alwikala Allibiyya 3an Tifaqiyyata3awoonbayna Al Baladaynmobalagh Feeh” [U.S. Official: The Report of the Libyan Agency about Cooperation between the Two Countries Is Exaggerated], Almanara, March 13, 2007.
[4] Ibid.
[5] “U.S. Says No Nuclear Power Cooperation in the Cards with Libya,” DefenceTalk.com, March 14, 2007, http://www.defencetalk.com/news/publish/wmd/US_says_no_nuclear_power_cooperation_
on_the_cards_with_Libya170010935.php. [View Article]




Since Napoleonic times, France has seen itself as a champion of the Arab cause and has often sided with the views of Middle East leaders against those of Western nations. It is not just a hankering for the old colonial days, but of preferring to take a considered and different stand from that of European, or more frequently, American, positions. Therefore, it is not surprising for Sarkozy to say the West should learn to trust Arab nations which pursue their own domestic nuclear energy requirements. [17]

The paper, however, also pointed out that the Libyan deal was likely to pave the way for French economic gains in other quarters of the Arab world:

It is more than likely that Sarkozy is very aware that the GCC countries are investigating the feasibility of creating their own nuclear reactors to assist in the enormous demands for electricity and potable water. Undoubtedly, the French would be more than delighted to assist any or all of the GCC nations in their inquiries, with the ultimate aim of obtaining the lucrative contracts. [18]
Paris on Defensive
By early August, reacting to the growing criticism of the nuclear protocol, French Foreign Affairs Minister Bernard Kouchner attempted to downplay its significance. The independent Jordanian daily, Al Arab Al Yawm, quoted Kouchner on August 1 as stating that: “Providing Libya with a nuclear reactor is a mere hypothesis at the present time.” [19] The minister also stressed that the document signed by France and Libya “is not a protocol but a simple promise... to possibly provide Libya with a nuclear reactor.” [20] In what may have been a coordinated action to reduce the mounting pressure on the nuclear accord, the Libyan official news agency, referring to the Convention on the Suppression of Acts of Nuclear Terrorism, announced that “Libya joined the United Nations’ agreement to fight nuclear terrorism, which mandates governments to arrest and prosecute whoever is in illegal possession of nuclear material.” [21] Despite this positive step, news that Sarkozy had signed a major arms deal with Libya during his June visit added further fuel to the controversy. [22]

In an August 8 interview, Moammar Qaddafi’s son, Sayf-al-Islam al-Qadhafi, seemed to leave little doubt that the nuclear protocol and the arms sale were indeed part of a package to obtain the release of the foreign medical workers. Referring to the foreign medics, five of whom were Bulgarian nurses, he stated:
The Europeans said unless the Bulgarians problem is solved this [nuclear] embargo will not be lifted. This is an undeclared embargo. We are very much interested in the issue of nuclear energy in Libya. We have the issues of armament and defense, investment, and partnership with the EU, which is very important to the Libyan economy. All this will not take place without solving the Bulgarians problem. If this problem is solved, all doors will be open, including defense, economic, political, and other issues. All these issues are connected. The Europeans said this several times. [23]
On August 13, 2007, again because of charges that he had been too generous in his dealings with Qaddafi, the French president was compelled to deny reports that France intended to sell Tripoli the top-of-the-line European Pressurized Water Reactor (EPR), implying that a less sizeable plant would be used for the desalination project. [24] His point was undercut somewhat, however, when a spokesperson for Areva stated that the company had discussed the full range of reactors it produces with Libya, although only in general terms, without discussion of commercial considerations or a possible contract. [25]

Conclusion
Based on subsequent clarifications that the Franco-Libyan nuclear protocol apparently represents a statement of intent, not a final agreement, on the sale of a nuclear desalinization plant and negotiations on the matter are on-going. Nonetheless, even an agreement in principle to provide a nuclear reactor to Libya, after the United States denied similar cooperation only months earlier, is a not insignificant step. Taken together with French diplomacy regarding the release of the foreign medics and the contemporaneous conventional arms sale, it appears that France’s newly elected president is sending a strong signal to his domestic constituencies and to his international partners that, under his leadership, France will adopt a more active and independent posture internationally. Sarkozy may also see the signing of the nuclear protocol as facilitating French nuclear sales opportunities elsewhere in the Middle East, where not only the GCC, but also Algeria, Egypt, and Morocco have announced nuclear programs over the past twelve months.

Libya appears, at the least, to have seized the opportunity of its intense negotiations with France over the release of the foreign medical workers – and its 2003 renunciation of WMD – to advance its interests in other areas, including gaining acceptance as a worthy partner for nuclear power cooperation and acquiring state-of-the-art conventional weapons. These developments could usher Libya into a new era of stronger relations with the Western powers, while simultaneously consolidating Qaddafi’s position at home.

Khalid Hilal - Monterey Institute James Martin Center for Nonproliferation Studies



 

SOURCES AND NOTES
[1] “France Signs Agreement with Libya on Nuclear Reactor,” Middle East Online, July 26, 2007, http://www.middle-east-online.com/english/?id=21555. [View Article]
[2] “Sarkozy, Ida lam Nu3ti Al Arab Attaq Annawawiyya Sanikhaturu Bisira3 Al Hadarat” [If Arabs Are Not Provided Nuclear Technology, We Risk a Clash of Civilizations], Asharqalawsat, July 23, 2007.
[3] Daniel Schwammenthal, “Nicolas of Arabia,” European Wall Street Journal, August 6, 2007, http://www.zawya.com/printstory.cfm?storyid=ZW20070806000008&l=051004070806; [View Article] “France, EADS: Libyan Arms Not Linked to Medics Release,” Middle East Online, August 4, 2007, http://www.middle-east-online.com/english/?id=21643. [View Article]
[4] “Critics Slam France over Libyan Nuclear Deal,” Middle East Times, July 26, 2007, http://www.metimes.com/storyview.php?StoryID=20070726-102906-3108r. [View Article]
[5] “Vente du Nucléaire à la Libye: Cynisme Humanitaire” [Selling Nuclear Technology To Libya: Humanitarian Cynicism], Politique et Syndicalisme, July 28, 2007.
[6] “Qiyadi Bil Jabha Al Qawmiyya Al Faransiyya Yantaqidu Arrais Sarkozy Wa Zdiwajiyyat Al Ma3ayyir” [A Leading Figure in the French National Front Criticizes President Sarkozy and His Double-Standards], Al Quds AlArabi, July 30, 2007.
[7] “Accord Nucléaire Franco-Libyen: L’indignation Persiste En Allemagne” [The French-Libyan Agreement: Indignation Remains in Germany], Romandie.com, July 28, 2007.
[8] Ibid.
[9] Ibid.
[10] “L’Indignation Persiste Après L’Accord Nucléaire Franco-Libyen” [Indignation Remains after the French Libyan Protocol], Radio France International, July 28, 2007.
[11] “German Ministry Warns Siemens Against Stake In Libya Nuclear Deal,” The Tocqueville Connection, July 30, 2007 [http://www.adetocqueville.com/200707301323.l6udndq08248.htm], accessed July 30, 2007, item since removed.
[12] “Al-Jazeera Programme Discusses Libyan-French Nuclear Deal,” BBC Monitoring Middle East, July 29, 2007,
[http://www.industrywatch.com/pages/iw2/Story.nsp?story_id=108858458&ID=iw&scategory=Eergy%3ANuclear&P=
&F=&R=&VNC=hnall], accessed August 15, 2007, item sinced removed.
[13] “US Backs France’s Nuclear Deal with Libya,” Agence France Presse, July 26, 2007, [http://news.yahoo.com/s/afp/20070726/pl_afp/francelibyanuclearus2_070726202848], accessed August 15, 2007, item sinced removed.
[14] “France-Libya Nuclear Deal Poses No Proliferation Risk,” Expatica, July 26, 2007, http://www.expatica.com/actual/article.asp?subchannel_id=25&story_id=42315. [View Article]
[15] Ibid.
[16] “Al-Jazeera Programme Discusses Libyan-French Nuclear Deal,” see source in [12].
[17] “Sarkozy Reacting to Arab Needs,” Gulf News, July 27, 2007, http://archive.gulfnews.com/articles/07/07/28/10142307.html. [View Article]
[18] Ibid.
[19] “Kouchner Tazweed Tarabulus Bimofa3il Nawawwi Faradiyya” [Providing Tripoli with a Nuclear Reactor Is a Hypothesis], Al Arab Al Yawm, August 1, 2007.
[20] Ibid.
[21] “Paris: Tazweed Libya Bimofa3il Nawawwi Mujarrad Faradiyya” [Providing Libya with a Nuclear Reactor Is a Mere Hypothesis], Asharqalawsat, August 1, 2007.
[22] “Lockerbie Case, Arms Deal Key to Medics Release: Khadafi Son,” Agence France Presse, August 2, 2007, http://www.france24.com/france24Public/en/news/france/20070802-Gaddafi-Bulgarian-nurses-libya-innocent-son.html;
[View Article] Schwammenthal, “Nicolas of Arabia,” see source in [3]; “France, EADS: Libyan Arms Not Linked to Medics Release,” see source in [3].
[23] “Al-Qashafi’s Son Saif al-Islam Calls Medics’ Case Two-Way ‘Blackmail’,” August 6, 2007, OSC document EUP20070806102005.
[24] “Nicolas Sarkozy et Areva Démentent Tout Projet de Vente de Réacteur EPR à la Libye”  [Nicholas Sarkozy and Areva Denied any Potential Deal of a EPR Reactor with Libya], Le Monde, August 13, 2007.
[25] Ibid.