Guyana to sign exemption pact with US over criminal court
-once parliament has ratified Rome Statute
By Miranda La Rose
Stabroek News
July 18, 2003


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Guyana intends to sign a bilateral immunity agreement exempting US soldiers from prosecution by the International Criminal Court (ICC); but only after parliament has ratified the Rome Statute giving effect to the ICC.

Speaking two weeks after the Caricom Heads of Government Meeting in Jamaica, President Bharrat Jagdeo told reporters yesterday at the Office of the President that parliament would ratify the Rome Statute when it reconvenes after the August/September recess.

He said the government had held internal discussions on the ratification and its implications and had listened to legal advice from several persons. “We also intend to sign with the US the bilateral non-surrender agreement once we ratify” the statute, Jagdeo declared.

The issue of Caricom states ratifying the ICC treaty was a hot topic at the Jamaican summit. Most Caricom countries have signed on to the treaty but only six have ratified it. And as the leaders were discussing the issue the US announced that it was cutting off military aid to 35 countries, including six in Caricom, which had already ratified the treaty.

The US is concerned that the court could be the vehicle for various spurious cases brought against its military personnel. It has been argued internationally that to enter into a bilateral immunity agreement would undermine the independence and legitimacy of the war crimes court given that its jurisdiction is meant to cover any national from any country.

Antigua and Barbuda, Barbados, Belize, Dominica, St Vincent and the Grenadines and Trinidad and Tobago have seen their US military aid cut.

At the summit the leaders agreed, after what Jagdeo described as lengthy and lively debate, that countries yet to ratify the treaty would do so but individual member states, based on their legal determination, could enter into bilateral agreements providing that these were not incompatible with the Rome Statute.

Asked whether Guyana was pressured into agreeing with the bilateral agreement with the US, Jagdeo said “the US raised this matter with us but I wouldn’t say that it’s pressure.”

“...we have not ratified the treaty as yet... those countries that have ratified... have had their military aid discontinued. Since we have not ratified it, the agreement is not in force as yet.”

In response to whether it was fear that the US would cut aid that Guyana had not yet ratified the statute, he said it was a “national interest consideration.”

“It’s not a fear. The US has made it clear that they will cut off the aid. I need the military co-operation with the US to continue. It is as clear as that. I can’t be more clear.”

He said Guyana saw the US as a partner on several issues including the training of military officers and some assistance with military equipment. He added that the country had large unprotected borders vulnerable to drug smuggling, and as Colombia puts pressure on narco-trafficking, activities could shift to northern Brazil, Suriname and Guyana. He noted the recent arrest of a top drug dealer in Suriname. “We need the US government support.”

He recalled that at the meeting Guyana’s Foreign Minister, Rudy Insanally had been mandated along with a few of his colleagues to draft the joint statement issued on the matter.

As for wider aspects of Caricom/US relations, it was decided that a high level dialogue be conducted with the US on matters of mutual interest and concern. Several Caricom leaders are to journey to Washington to lobby the Bush Administration to lift the sanctions imposed on the Caribbean countries.

In their statement issued at the Caricom summit in Jamaica, heads had said “they were deeply disturbed at the punitive action taken by the US Government, with effect from July 1st, 2003, against the six CARICOM member states which are parties to the International Criminal Court. They stressed that this development was at complete variance with the spirit of the special relationship which has traditionally existed between the United States and the Caribbean, a relationship which has always been characterized by mutual respect and cooperation, and strict adherence to the rule of law, to international obligations, and constructive dialogue which Heads are committed to continuing.”

The heads also stressed “that the effective protection of the `Third Border’ of the United States could not be achieved unilaterally, and that continued military and security cooperation between the Caribbean and the United States was in the national security interest of all countries which comprise our common Caribbean neighbourhood.”

The heads also pledged to examine the possibility of establishing mutual legal arrangements on military matters among their member states. Sanctions are automatically applied by the US to countries which ratify the Rome Statute and it is unclear what will happen once Guyana finally ratifies.

Sources say that Guyana’s decision to sign the exemption agreement with the US will likely lead to tension with fellow Caricom states some of which are adamantly opposed to the exemption pacts particularly Trinidad and Tobago which played a leading role in the formation of the ICC. Belize and The Bahamas are said to also be considering exemption agreements with the US. A growing number of countries have announced the signing of exemption agreements. A Reuters report yesterday said the number has risen to more than 55 with the addition of Ivory Coast, Senegal and Zambia. It quoted an unnamed US official.

The three governments signed agreements, known as Article 98 agreements, on or shortly before July 1, the deadline for a decision on whether the United States would continue to provide them with military assistance. Zambia signed on July 1 and was listed as a country ineligible for military aid. The U.S. official, who asked not to be named, said a waiver rewarding Zambia and restoring its eligibility was pending in the U.S. bureaucracy. Aid to Ivory Coast was not at stake because the country has not ratified the treaty which set up the court. President George W. Bush gave Senegal a waiver on July 1.

The 47 countries that acknowledge signing the agreements are: Afghanistan, Albania, Azerbaijan, Bahrain, Bhutan, Bolivia, Bosnia, Cambodia, Democratic Republic of Congo, Djibouti, the Dominican Republic, East Timor, El Salvador, Gabon, Gambia, Georgia, Ghana, Honduras, India, Israel, Ivory Coast, Macedonia, Madagascar, the Maldives, the Marshall Islands, Mauritania, Mauritius, Micronesia, Nauru, Nepal, Nicaragua, Palau, Panama, the Philippines, Romania, Rwanda, Senegal, Sierra Leone, Sri Lanka, Tajikistan, Thailand, Togo, Tonga, Tuvalu, Uganda, Uzbekistan and Zambia.

Egypt, Mongolia, the Seychelles, Tunisia and at least four other governments have signed unpublicised agreements.