Dear Editor,

A little bit of research has revealed some interesting facts about a current topic of interest. All of this is publicly available information. The fact that the Goat Islands and Vernamfield were once sites of US military bases during WWII is widely known. Less well known are the details of this ‘Destroyers for Bases Agreement’ between the UK and USA, particularly the fact that it contains a 99-year lease of land to the US.

The US still treats this as a valid treaty (or other international agreement) currently in force. The agreement runs until September 2, 2039. Both bases in Jamaica were abandoned shortly after the war. The West Indies Federation was created and then dissolved, and most importantly, all of the former colonies with bases, beginning with Jamaica, became independent from Britain.

Given all of this intervening history, how then can this agreement still be on the books? A declassified National Security Council Report of the Eisenhower Administration from March 21, 1960 offers a clue as to the status of the former US bases in Jamaica. Goat Island Naval Air Station qualifies as one of the 16 de-activated Caribbean bases that the US was prepared, at that time, to relinquish immediately. [US Department of State: Office of the Historian, Foreign Relations of the United States, 1958-1960, American Republics, Volume V, Document 129, Annex Paragraph 12 and 20]

Given all of this intervening history, how then can this agreement still be on the books? A declassified National Security Council Report of the Eisenhower Administration from March 21, 1960 offers a clue as to the status of the former US bases in Jamaica. Goat Island Naval Air Station qualifies as one of the 16 de-activated Caribbean bases that the US was prepared, at that time, to relinquish immediately. [US Department of State: Office of the Historian, Foreign Relations of the United States, 1958-1960, American Republics, Volume V, Document 129, Annex Paragraph 12 and 20]

The window of opportunity for Jamaica to renegotiate was pretty small. Upon independence we agreed to assume all obligations and responsibilities of the United Kingdom which arise from any valid instrument (including any instrument made by the Government of the Federation of the West Indies). If Jamaica successfully renegotiated its position, it probably happened while we were a member of the West Indies Federation. Research has temporarily hit a wall at this point. I would guess that our Ministry of Foreign Affairs is on top of this.

Overall, it seems unlikely that the US would make a fuss about an agreement for a base that they abandoned nearly 70 years ago, and were prepared to give up voluntarily. However, there is one possible area for concern. Lawyers can confirm if this is so. Jamaica has ratified the Vienna Convention on the Law of Treaties, and therefore applies international rules as it relates to the validity, modification or termination of treaties. The US signed but never ratified the convention. They can, if they want, apply their own understanding to what was agreed. Is it possible that the US may, even now, have something to say regarding Goat Islands?

Legal Researcher

malaneve@yahoo.com