[spectre] WoW: Comments to the statement of Dutch Minister of Foreign affairs Bot

[geert]

From: Women on Waves Newsletter <newsletter at womenonwaves.org>

Press Release 1-10-2004
For more information +35191-4477770

Reaction on Decision of Minister of Foreign affairs Bot

The minister Bot has stated that the Portuguese Minister of Defense cannot prevent the ship from entering Portuguese territorial waters on the bases of his 
sole argument that the ship violates the United Nations convention of the Sea. 
Minister Bot replied to questions in the Dutch parliament, that because the health care offered by Women on Waves do not take place on Portuguese territory it does not violate any Portuguese laws and the denial of entry of the Borndiep based on this argument is in violation of the Unites Nations Convention of the Sea. (see answers in Dutch below)

Articles 19 and 25 of the United Convention of the Sea and the false and unsustained accusation that Women on Waves would violate of Portuguese law was the only ground used by Paulo Portas to deny entry of the Borndiep. 

The Borndiep received the following fax in response to its request to enter the port of Figuira da Foz: 
"On behalf of the Portuguese Maritime authorities, we inform the following: referring to the request of authorization for the ship BORNDIEP to enter into 
 Portuguese territorial waters with destination to the Port of Figueira da Foz we inform you that under the provisions of Section III Part II of the 1982 United Nations Law of the Sea Convention, namely the articles 19 and 25 and the Portuguese law, that request was denied."

This means that in accordance with the opinions of all the international law experts and now also the statement of Dutch minister of Foreign affairs Paulo Portas has illegitimately denied entry of the ship to national waters and should recall his decision based on these grounds.

 
As the government in the Netherlands is ruled by the Christian Democratic Party there is no political will to officially intervene, as they should following this conclusion and Minister Bot has tried to find an excuse not to have to intervene officially. 

In the answers he also states that as abortion can be described as a service falling under the EU convention and Minister Bot is of the opinion that maybe the Portuguese government could have denied entry of the ship on the basis of public order and public health. 

However Women on Waves do not provide any services within Portugal. The only activities within Portugal are educational and informative and free of charge. Education and information, free of charge are not considered services under the EU convention. (see below). Furthermore women are not charged anything for the transport offered by Women on Waves to Dutch territory nor for any services Women on Waves delivers on Dutch territory. Therefore this also does not constitute a service under the EU convention. Minister Bot even questions the application of the EU-convention in this case as the treatments are on board a Dutch ship and not on Dutch ground. He therefore contradicts his own statement that Portugal might have denied access based on the EU convention. 
Therefore the whole EU convention concerning the delivery of services does not apply to this situation and the only conclusion can be that there is no Political will in the Dutch government to officially intervene. The arguments the Dutch government uses are as invalid as the argument Paulo Portas used to deny entry of the ship. 


However even if the EU convention would apply in this case, the only health threat are the illegal and unsafe abortions taking place in Portugal.
Also in the EU convention public health can only be invoked in the case of the possibility of en epidemic outbreak. (abortion services can not be regarded as a epidemic threat) Women on Waves does not pose any threat to public order as well. Our activities are non-violent, non public (they only take place on the ship) and only take place within the spirit of democracy and dialogues. 
The only valid convention that does allow the denial of entry to national waters in this case is the United Nations Convention of the laws of the Sea and these grounds mentioned in this convention can not be used to deny entry of the Borndiep. See argumentation above.


ATTACHMENTS

1- TREATY OF AMSTERDAM AMENDING THE TREATY ON EUROPEAN UNION, THE 
 TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND RELATED ACTS

 Official Journal C 340, 10 November 1997
 

 Article 50 (ex Article 60) 
 Services shall be considered to be services within the meaning of this Treaty 
 where they are normally provided for remuneration, insofar as they are not 
 governed by the provisions relating to freedom of movement for goods, capital and 
 persons. 
 Services shall in particular include: 
 (a) activities of an industrial character; 
 (b) activities of a commercial character; 
 (c) activities of craftsmen; 
 (d) activities of the professions. 
 Without prejudice to the provisions of the Chapter relating to the right of 
 establishment, the person providing a service may, in order to do so, temporarily 
 pursue his activity in the State where the service is provided, under the same 
 conditions as are imposed by that State on its own nationals. 



2- The United nations conventions on laws of  the sea treaty concerning innocent 
 Passage of ships state that not innocent passage is

 Any treat or use of force against the sovereignty territorial integrity or political 
 Indepence of the coastal state or in any other manner in violation of the principles of 
 International law embodied in the charter of the UN
 - any exercise or practice with weapons of any kind
 - any act aimed at collecting information at affecting to the prejudice or security of 
 the coastal state
 -  any act of propaganda aimed at affecting the defense or security of the coastal 
 state
 - the launching, landing or taking on board of any aircraft
 - the launching, landing or taking on board of any military device
 - the loading or unloading of any commodity, currency or person contrary to 
 customs, fiscal immigration or sanitary laws and regulations of the coastal state
 - any act or willful and serious pollution to convention
 - any fishing activities
 - the carrying out of research or survey activities
 - any act aimed at interfering with any systems of communication or any other 
 facilities or installations of the coastal state
 - any other activity not having a direct bearing on passage.