No negotiations are underway to reach an agreement with any country on terms and conditions regulating the conduct of foreign military personnel in Malta, according to the Office of the Prime Minister.
The denial comes 19 months after Foreign Minister Tonio Borg is reported to have told former US ambassador Douglas Kmiec that Prime Minister Lawrence Gonzi was “prepared to go forward” on a Nato-sponsored, Partnership for Peace status of forces agreement (SOFA).
According to confidential US Embassy cables leaked last week, the US had been pressing Malta to enter into a status of forces agreement that would make it possible for more frequent US Navy visits. A SOFA would also have to be in place for the US military to allow its ships to use ship repair facilities in Malta.
A SOFA regulates the conduct and outlines the privileges of foreign military personnel in a host country, particularly in relation to civil and criminal jurisdiction. It includes conditions on the carriage of weapons and the wearing of uniforms, two issues that would require legislative changes in Malta.
The matter was very sensitive for government given Malta’s Constitutional neutrality. During his conversation with Prof. Kmiec in February last year, Dr Borg asked for the acronym SOFA to be kept out of the public domain.
However, despite the government apparently warming up to the idea of signing a status of forces agreement, when asked what progress had been made on the matter, a government spokesman yesterday said no negotiations had taken place.
“Government has not opened negotiations with any country on a status of forces agreement. Nevertheless, the government’s position has always been that of remaining open to considering all opportunities that are in the national interest,” the spokesman said.
He said there was no standard SOFA and any such agreement was negotiated between thecountries concerned takinginto account their specificrequirements.
“It has nothing to do with the establishment of a military base. Malta, for example, could decide to enter into negotiations over a SOFA for its forces serving on peace support operations abroad; it will not imply, however, that Malta intends to open a military base in the countries with which it negotiates such a SOFA.”
In the February cable Prof. Kmiec is quoted telling Dr Borg not to make any “gratuitous reservation or modification to the standard document if at all possible”.
Another US Embassy cable also refers to comments made by OPM director of defence Vanessa Frazier, who suggested an incremental approach to execute SOFA by means of diplomatic notes.
The leaked cables also shed light on a commitment Dr Gonzi had given former US ambassador Molly Bordonaro in January 2008 that, if re-elected, his government would re-activate Malta’smembership in Nato’s Partnership for Peace programme.
When asked why this commitment was not made public, the OPM spokesman said the government’s decision to take part in the PfP programme was “in the national interest”. He said PfP membership allowed Malta to participate fully in all EU discussions, together with the other EU neutral member states, Austria, Ireland, Finland and Sweden.
This gave Malta equal access to all information, including that originating from Nato.
“Malta views its membership of PfP as part of its endeavours to strengthen pan-European security as well as a way to enhance and develop the functioning of EU-Nato cooperation,” the spokesman said.
As discussed in Parliament’s European and Foreign Affairs Standing Committee, he added, all aspects of Malta’s PfP participation are fully in line with Constitutional requirements.
“Developments in Libya over the past few months have confirmed that effective EU-Nato cooperation is essential in today’s world,” the spokesman said.
The spokesman said the PfP programme was “an excellent opportunity” for Armed Forces personnel to participate in training for peace-keeping and related activities.
ksansone@timesofmalta.com