Guyana, Barbados in maritime pact
Third country 'legitimate' rights unaffected -statement
Stabroek News
February 25, 2004

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Guyana and Barbados quietly signed an agreement on December 2nd, 2003 for joint cooperation in the area where their Exclusive Economic Zones (EEZ) overlap and they yesterday said no third country's "legitimate" rights are affected.

The statement by the two countries came almost three months after the agreement was signed and at a particularly sensitive period as Barba-dos and Trinidad are em-broiled in a raging controversy over a maritime delimitation agreement that has seen charge and counter charge and the threat of sanctions.

The joint statement by Guyana and Barbados said the Exclusive Economic Zone Cooperation Treaty is now in the final stage of ratification. On December 10, Guyana also secretly signed an immunity agreement to exempt US soldiers from prosecution by the International Criminal Court (ICC). There were no prior announcements of either event and the media was not invited to report on the signings as is customary.

Director General of the Foreign Affairs Ministry, Elisabeth Harper, told Stabroek News yesterday that the announcement on the Barbados agreement was delayed since the ministry wanted to ensure that the ratification processes proceeded as they should.

The statement said the agreement is the result of a decision by Guyana and Barbados to create a zone of joint jurisdiction for the area, where the 200-nautical mile EEZs of each country overlap.

This area is located beyond the maximum possible limit of any other state's legitimate maritime territory or EEZ under international law, according to the statement.

The treaty, according to the statement, is in conformity with international law and in particular the United Nations Convention on the Law of the Sea and will allow the two states to regulate activities in the zone, including resource extraction from the waters and the seabed of the area. Also, both countries have committed themselves to environmentally responsible resource management and sustainable development of living and non-living natural resources in the zone.

The ministry said both countries considered the treaty to be a very important stage in their bilateral cooperation and one consistent with their commitments to Cari-com. Guyana and Barbados have also committed themselves to the early conclusion of a Joint Fisheries Licensing Agreement, a Joint Non-Living Resources Commis-sion, and a security agreement (to protect against terrorism, smuggling and other illegal activities) for the zone, as prescribed by the treaty.

Harper said the initial discussions with Barbados about the treaty began in 2001. When asked if a similar arrangement was being pursued with Trinidad and Tobago, Harper's answer was no.

Both governments also noted the need to delimit their overlapping maritime territory, including west of the zone, and potentially, to the east as well, the statement said. In this regard, it was noted, the treaty is without prejudice to an eventual maritime delimitation agreement.

Barbados and Trinidad and Tobago are presently engaged in a heated dispute over a 14-year-old maritime delimitation treaty. Talks to broker a fishing agreement between the two countries fell apart last week after Barbados said it discovered that the Trinidad government had been secretly negotiating with Venezuela over exploitation of resources in the disputed territory. The two countries are yet to agree to a fishing agreement because of a 1990 Maritime Delimitation Treaty between Trinidad and Tobago and Venezuela, which has implications for both Barbados and Guyana. Guyana has protested to Trinidad, Venezuela and the UN over the treaty. Barbados has since decided to send the matter of maritime delimitation with Trinidad for arbitration by the United Nations Convention on the Law of the Sea.

Tensions escalated between Bridgetown and Port-of-Spain after Barbadian fishermen were arrested off Tobago by the Trinidad Coastguard. A visit by the Barbadian Prime Minister Owen Arthur to Port-of-Spain for further dialogue on the matter was abruptly called off and Trinidad intensified patrols in its maritime zones in response to a Barbadian call for its fishermen to continue harvesting in traditional areas.