411. Telegram From the Delegation to the Conference on the Law of the Sea to the Department of State1
1603. Law of Sea. [5 words not declassified] Melo (Chile) had insisted in Latin American meeting Latin Americans not accept informal proposal we had made Secretariat that all heads delegations informally consent each proposal be voted on as a whole and that amendments would not be made attempting to divide up into paragraphs. Garcia Robles (Mexico) had urged that 6-mile territorial seas, 6-mile contiguous fishing zone our proposal be voted separately as he believed in view general LA instructions to support 12 miles we could not muster majority vote on this point. Assuming 6-mile territorial sea stricken, they would then proceed to vote for 12-mile exclusive fishing zone so that end result conference would be 12-mile exclusive fishing zone for coastal state with defeat for 6-mile territorial sea. Support of all delegations on procedural matters in Committee of Whole will be as important initially as support on substantive matters and would appreciate all embassies be alerted importance support on such procedural matters. Melo (Chile) insists he must vote against joint proposal as has no instructions as does Correa (Ecuador).
Correa (Ecuador) informed us that Latin American group would not vote for US-Canadian proposal unless we would consent that coastal states could levy taxes on fishing for ten years within outer six-mile zone and could regulate such fishing in same manner as could regulate domestic fishing size of trawlers, gear, nets, etc. Advised him all nations now fishing in high seas constituting outer 6-mile zone had absolute right to fish there and were offering compromise giving coastal state exclusive 12-mile fishing zone and surrendering absolute rights fishing outer six after 10-year period, consequently could not consent further diminishment such rights during ten-year period. Correa (Ecuador) insists we must make some concession on this point to obtain Latin American support. We are studying Cuban proposal. Latin American bloc lead by Pablo Pardo (Argentina) Ulloa (Peru) and Garcia Robles (Mexico) also are demanding amendment that beyond 12 miles coastal states have absolute preferential right of fishing. Pointed out that in North Sea and other seas and oceans would be impossible to administer and completely destructive doctrine freedom of high seas and believe part of Garcia Robles (Mexico) tactics to cut down vote for proposal.
[Page 781][name not declassified] informed us Bajpai (India) had told him they had absolute and explicit instructions do utmost to defeat any proposal which did not provide for consent of coastal state to passage of foreign warships both in inner six-mile territorial sea and outer 6-mile fishing zone or assimilation rights in outer six to rights in inner six so that if latter falls former falls also and in addition had explicit instructions to vote against any 6-mile territorial sea proposal, [name not declassified] had told Bajpai (India) that these were contrary to statements Sen (India) had previously made to him that India could vote for reasonable compromise but Bajpai insisted Krishna Menon himself had dictated these instructions and that Sen had no discretion. Bajpai also insisted they could carry Ghana with them on warship point though Quarshie (Ghana) informs us he is willing accept notification. Pfeiffer (Germany) concerned about notification with respect East Germany in connection operations in Baltic since they do not recognize East Germany. [1 sentence (4 lines of source text) not declassified]
[name and 1 word not declassified] we are facing intensive hard infighting on procedural matters and that [names not declassified] determine wreck conference and then offer straight 9-mile territorial sea at end of conference. Garcia Robles (Mexico) and Tunkin (USSR) confer daily. Still believe USSR proposal will be withdrawn in favor of 16-nation Afro-Asian proposal and that sometime on Tuesday April 12th Garcia Robles will propose some merger Mexican and 16-nation proposal and will also attempt by some parliamentary maneuver have twelve-mile proposal voted after joint US-Canadian proposal though at present we are L.10 and therefore we are last proposal to be voted on basis present filing. Order of voting extremely important as many cannot vote for US joint proposal until 12-mile proposal, Quarshie (Ghana) extremely skeptical whether nations at same session can quickly switch from approving 12-mile proposal to 6-mile fishing zone proposal and urges voting delay, which doesn’t seem feasible but we are studying.
- Source: Department of State, Central Files, 399.731/4–960. Confidential.↩