The United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW) entered into force in January 2021. The treaty makes nuclear weapons illegal, just like chemical and biological weapons, cluster munitions, and landmines.
Most Australian superannuation funds acknowledge the reputational, fiduciary and regulatory risks of exposure to controversial weapons, but many funds are yet to update their policies or ESG screens to avoid exposure to companies to companies associated with the production or maintenance of illegal nuclear weapons (nuclear weapons companies).
Investments in nuclear weapons companies do not meet community standards. In Australia 79% of people agree that the government should sign and ratify the UN nuclear ban treaty (IPSOS 11/18), while 69% agreed or strongly agreed that their superannuation fund should not invest in nuclear weapons companies, and only 7% disagreed. (IPSOS 8/19).
PRI signatories claiming to ‘avoid harm’ may be misrepresenting investors’ exposure to armaments.
Interests of members and beneficiaries in the future are a key responsibility of trustees.
Globally, major investors are limiting their exposure to nuclear weapons activities. Two of the top five pension funds in the world, the Norwegian Government Pension Fund and ABP, have divested from nuclear weapons. Deutsche Bank and KBC are also divesting. The overall number of divested funds has more than doubled since 2014.
In Japan, 16 banks (including 3 mega banks MUFG Bank, Mizuho Bank and Sumitomo Mitsui Banking Corp) have flagged ceasing investment in nuclear weapons companies.
Nuclear weapons-related investments have shown long-term under-performance and may further deteriorate as divestment gains momentum. Broader trends indicate sector downturn in the wake of prohibition by international treaty, even in non-signatory countries.
The MSCI USA Ex Tobacco Ex Controversial Weapons Index has outperformed the MSCI USA Index since its inception in 2012 (see briefing paper for data).
Companies recommended for exclusion are international companies and represent a very small proportion of Australian fund portfolios, limiting material risk.
By the first quarter of 2021, international law will comprehensively and categorically prohibit nuclear weapons and associated activities, including assistance for development, production, manufacture and stockpiling.
States parties to the nuclear weapon ban treaty will be required to divest any government money – such as superannuation – from nuclear weapons companies.
Stress testing for a nuclear event scenario (not unlike stress testing for a pandemic) forms part of due diligence requirements, as all portfolios are exposed to the negative impacts of a nuclear event while nuclear weapons continue exist.
Over 80 federal parliamentarians have pledged support for the treaty, and the federal Opposition has a policy to sign and ratify the treaty.