Agreement Between the Republic of Fiji and Solomon Islands Concerning Their Maritime Boundary
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APPENDICES Agreement between the Republic of Fiji and Solomon Islands concerning their Maritime Boundary 1 | P a g e Table of Contents Schedule of Submissions on the Agreement between the Republic of Fiji and Solomon Islands concerning their Maritime Boundary .............................................................................................................................. 3 Submission by the Pacific Islands Forum Secretariat ............................................................................... 4 ................................................................................................................................................................... 8 Submission by the Pacific Islands Development Forum (PIDF) Secretariat ............................................ 9 Submission by the University of the South Pacific ................................................................................ 10 Submission by the Fiji Maritime Affairs Coordination Committee ....................................................... 11 Submission by the Secretariat of the Pacific Community ...................................................................... 17 2 | P a g e Schedule of Submissions on the Agreement between the Republic of Fiji and Solomon Islands concerning their Maritime Boundary Oral Submissions Date Time Submitters Tuesday, 15th 9.31am Pacific Islands Forum Secretariat (PIFS) September, 2020 10.28am Pacific Islands Development Forum 11.16am The University of the South Pacific Monday, 21st 9.32am Fiji Maritime Affairs Coordination Committee September, 2020 12.28pm Secretariat of the Pacific Community (SPC) 10.10am Ministry of Foreign Affairs Tuesday, 22nd September, 2020 10.57am Ministry of Defence, National Security and Policing Monday, 28th 11.55am Fiji Revenue and Customs Service (FRCS) September, 2020 Monday, 5th 11.49am Office of the Solicitor-General October, 2020 Written Submissions There were no written submissions received for the stated treaty. 3 | P a g e Submission by the Pacific Islands Forum Secretariat 4 | P a g e 5 | P a g e 6 | P a g e 7 | P a g e 8 | P a g e Submission by the Pacific Islands Development Forum (PIDF) Secretariat PIDF’S WRITTEN SUBMISSION 1. The Chairperson of the Republic of Fiji Parliamentary Standing Committee (‘Committee’) on Foreign affairs and defence, Hon. Alexander O‟Connor, and distinguished members of the Committee. 2. The PIDF Secretariat (‘Secretariat’) has noted Section 109 2(e) of the Standing Orders of the Parliament of Fiji which mandates the Committee to look into matters that relates to Fiji‟s relations with other countries, development aid, foreign direct investment, oversight of the military and relations with multi-lateral organisations. 3. The Secretariat acknowledges the Committee‟s request for the opportunity to forward its submission on a Treaty before the Committee on the Agreement (‘Agreement’) between the Republic of Fiji Islands („Fiji‟) and the Solomon Islands concerning their Maritime Boundary and whether Fiji should sign the Agreement or otherwise. 4. The Secretariat further notes that this agreement focuses on resolving Fiji‟s overlapping EEZ boundaries with the Solomon Islands. 5. The Secretariat recognizes and appreciates the Governments of Fiji and the Solomon Islands for their continuous support as an active member of the organization in helping our Pacific Island transition towards a sustainable Green-Blue Economy. 6. The Secretariat has reviewed and taken into consideration the final Agreement and Written Analysis of the Agreement provided by the Committee and is of the view that such agreement should be endorsed provided that: 6.1. Adequate due diligence has been carried out with other relevant stakeholders; 6.2. Article 2 of the Agreement (Purpose) should be amended by inserting (UNCLOS) after the word „international law.‟ Although the agreement is referring to UNCLOS it must be precise in the narrative of the agreement, particularly on the various Articles. 7. The Secretariat supports this agreement because it demonstrates the global commitments of our member states towards UNCLOS, SDG14 and the UN Oceans Conference. 8. This is important for both conservation and security. A defined maritime boundary allows for efficient monitoring and enforcement. An unresolved maritime boundary invites illegal [IUU] fishing, provides routes for illicit trafficking of illegal substances etc. 9. The Secretariat would like to acknowledge the Committee for its consideration in seeking the Secretariat‟s submission on this very important agreement and looks forward to receiving its final recommendation to Parliament. -Ends- 9 | P a g e Submission by the University of the South Pacific 10 | P a g e Submission by the Fiji Maritime Affairs Coordination Committee 11 | P a g e 12 | P a g e 13 | P a g e 14 | P a g e 15 | P a g e 16 | P a g e Written Responses to Questions Asked during Submission by the Fiji Maritime Coordinating Committee SUBMISSION BY THE MARINE AFFAIRS COORDINATING COMMITTEE TO THE STANDING COMMITTEE ON FOREIGN AFFAIRS AND DEFENCE AGREEMENT BETWEEN THE REPUBLIC OF FIJI AND SOLOMON ISLANDS CONCERNING THEIR MARITIME BOUNDARY The Maritime Affairs Coordinating Committee („MACC‟) has the honour of once again addressing the Standing Committee on Foreign Affairs and Defence („Standing Committee‟) by way of a written submission to clarify the following― 1.0 PIFS submission to introduce a “finality clause” in the Agreement in relation to sea level rise and climate change: 1.1 Foremost, MACC would like to emphasise that the Agreement between the Republic of Fiji and the Solomon Islands concerning their Maritime Boundary („Agreement‟) is a heavily negotiated text between the two countries and has been finalised for Parliament‟s consideration after years of meticulous negotiations between the two countries. 1.2 Therefore any further major amendments such as introducing new clauses to the text of the Agreement must be addressed first, by way of further bilateral negotiations between the two countries. Additionally, introducing a new clause at the final stages of the process has the ability to adversely affect the progress of the negotiations and also hinder the signing of the Agreement itself. 1.3 We note that PIFS has made the submission regarding the inclusion of a “finality clause” off the cusp of the Regional Conference on Securing the Limits of the Blue Pacific: Legal Options and Institutional Responses to the Impacts of Sea-Level Rise on Maritime Zones, in the Context of International Law (“PIFS Regional Conference”) that which was hosted by PIFS from 9 through to 17 September 2020. 1.4 Having participated in the PIFS Regional Conference ourselves we note that the issue of a “finality clause” was one that was raised by a participant of the PIFS Regional Conference and has over the years, become one of a number of options discussed as a way to address the issue of maritime boundaries and sea level. The idea of a “finality clause” is new and remains to be tested and further distilled by experts in this area. 1.5 Noting the above, we advise that the introducing a “finality clause” in the Agreement is not advisable at this point due to the following – 17 | P a g e (a) Firstly, in including a “finality clause”, we cannot assume that this is an option that the Solomon Islands are agreeable to and given that this is an issue that will need a decision from the national or political level we are in no position to also assume that including a “finality clause” in relation to sea level rise and climate change is the preferred option that will be agreed to by Solomon Islands on this issue. (b) Secondly, as highlighted above, the issue of a “finality clause” is one of a number of options discussed by participants in the PIFS Regional Conference as a way to address the issue of maritime boundaries and level rise. However apart from a wide range of international and regional actions or options, there are number of options also at the national level which include the following― National options for action 1) Countries place greater importance on completing their maritime boundaries and delimitations as soon as possible. 2) These should be based on coordinates and charts rather than physical characteristics. 3) These should be deposited with the United Nations Secretariat; 4) The coordinates etc. should also be included in domestic legislation which makes clear that they are permanent and not subject to change. 5) When depositing them the accompanying Diplomatic Note should state that these coordinates etc. have been determined in accordance with the requirements of LOSC and are intended to be permanent and not subject to change. The Note should also refer to the domestic legislation that incorporates these coordinates etc. and asserts their permanence. 6) If these coordinates have already been deposited, a subsequent Note should be deposited making the above observations. Thus as MACC, we are of the opinion that alternatively rather than introducing a “finality clause”, the best option moving forward are the above steps (1 through to 6) given that Fiji is also in the process of reviewing its domestic legislation in relation to maritime boundaries and is in a position to issue a note verbale/diplomatic note on the issue after further deliberation at a bilateral and national level. (c) Thirdly, introducing a “finality clause” is not necessary in the Agreement given some of the current protections available under international law against sudden changes