Barbados AG: Only possible solution now is a legal solution

BRIDGETOWN: Barbados’ Deputy Prime Minister and Attorney General, Mia Mottley, said yesterday the Barbados government has come to the point that there is no reasonable capacity to solve the dispute by a diplomatic process any further. The only possible solution she said, is now a legal solution.

The contention of the Barbados government is that it firmly believes that Barbadian fishermen have been legitimately going about their business, as they have been for many years. It felt that the Barbadian fishermen who were held by Trinidad and Tobago’s Coast Guard authorities had not been fishing illegally, since the waters in question are in dispute. Attorney General Mottley yesterday updated journalists on the maritime delimitation/fishing impasse with TT and the Government’s most recent decision to pursue an arbitration process under the United Nations’ Convention on Law of the Sea.

Mottley’s comments came as she and other Government officials waited throughout yesterday to meet here with a TT delegation on the question of a provisional fishing agreement. That delegation never showed up although TT sent Barbadian authorities a diplomatic note on Tuesday indicating the delegation was on its way. Mottley however, noted that Barbados remained committed to engaging in such talks. “Under the United Nations Law of the Sea Convention, each country is entitled to 12 miles territorial sea. May I say at the outset that it is not the intention of the Government of Barbados to breach anybody’s rights to their territorial seas,” she said.

“In every instance, where we have contended that Barbadian fishermen have been fishing legally, it has never been a case of Barbadian fishermen traditionally fishing within the territorial limites of TT,” Mottley explained. She added that under the Law of the Sea Convention, the area between Barbados and TT’s respective 12 mile territorial limits remain in dispute, unless there is an agreement setting out a boundary or unless there is a tribunal decision declaring a boundary. “Hence the contention by the Barbados government that Barbadian fishermen have simply been traditionally fishing in the areas where they have historically fished,” she added.

Touching on government’s efforts to resolve the issue on a diplomatic level before going the arbitration route, the Deputy Prime Minister said following the meeting with TT Prime Minister Patrick Manning on Monday, it was clear that TT’s Government felt the Venezuela/Trinidad 1990 Treaty was law to the extent that they were not prepared to breach it. She said TT also felt it could not, therefore, enter into an agreement with Barbados or anyone that would breach what it considered to be its commitments under the Venezuela/Trinidad Treaty. “We have therefore come to the point that there is no reasonable capacity to solve this matter by a diplomatic process any further, and that indeed, the only possible solution is now a legal solution.”

Noting that time is of the essence in these matters, Mottley said Barbados must pursue its legal claim at this point in time. Meanwhile, throughout yesterday Mottley and a team including international lawyer, Robert Volterra and surveyor Dick Gent, also met and fully briefed media managers, members of the fishing community and key column writers and call-in-show hosts on all aspects of Barbados’ decision and the events which led to it.