THE HAGUE - The ad hoc defense cooperation between the Kingdom and France in the Caribbean in the aftermath of hurricane Irma is given a structural character by incorporating the cooperation treaty into a Kingdom Act.
The underlying documents were sent today by Minister of Foreign Affairs Wopke Hoekstra to the four parliaments of the Kingdom, which must give their approval. As far as the minister is concerned, this takes place tacitly, without written rounds of questions and debate.
In his letter to the parliaments, the minister indicates that the Kingdom and France cooperate in defense in Europe and the Caribbean. For activities that take place in Europe, a legal framework already exists for the legal position of the defense personnel of both countries. This arrangement is laid down in the Agreement between the States parties to the North Atlantic Treaty, concluded in London on 19 June 1951, regarding the legal status of their armed forces, the so-called “NATO SOFA”. This NATO SOFA applies exclusively to the European part of the Kingdom.
Minister Hoekstra writes that in view of the cooperation and the common defense interests of the Kingdom and France in the Caribbean, there is a need to provide for a legal status regulation of armed forces present on the territory of the contracting parties for defense cooperation activities in that region as well. The Treaty fills this gap. With regard to France, the Convention applies to the territory of the French Republic in the Caribbean (the islands of Guadeloupe, Martinique, Saint-Barthélemy and Saint-Martin) as well as to the territory of the French Republic in South America (French Guiana). With regard to the Kingdom, this Agreement applies to the entire Caribbean part of the Kingdom.
The Treaty is first and foremost a 'classic' Status of Forces Agreement (SOFA). It stipulates the legal position of the armed forces of States Parties present on each other's territory in the context of usual defense cooperation activities, such as ship visits, exercises, training and education.
In recent years, however, practical experience has shown the desirability of broadening the possible scope of application for other defense cooperation activities between the two countries in the Caribbean, in particular for humanitarian activities. assistance in the event of natural disasters, such as hurricanes, but this need is also currently felt during the current crises due to Covid-19.
Minister Hoekstra stresses that the conclusion of the Treaty does not mean that French armed forces and civilian personnel can enter the territory of the Caribbean part of the Kingdom simply and without any consultation. Any visit will require permission from the appropriate local authorities. The relevant authorities of the Caribbean part of the Kingdom thus continue to control when the personnel of the other contracting party can enter their territory and can, if necessary, impose conditions on this.