§ Lord Kennetasked Her Majesty's Government:
Whether the relevant article in the International Civil Aviation Agreement of December 1944 and the Montreal Protocol of 10th May 1984 to which the United Nations Security Council Declaration refers is in effect; whether either the United States or Cuba have ratified it and are bound by it; and whether it is expected that the International Civil Aviation Organisation will examine the overall context of the events off Cuba, including earlier incursions and warnings and communications.
§ Baroness Chalker of WallaseyArticle 3 bis of the International Convention on Civil Aviation of 7th December 1944 added by the Montreal Protocol of 45WA 10th May 1984 is not yet in force. Neither the United States nor Cuba has ratified it. However, the provisions of Article 3 bis, which state that weapons must not be used against civil aircraft in flight, reflect a general principle of international law.
In addition, Annex 2 to the Chicago Convention, which deals with the rules of the air, has an attachment which sets down the specific actions to be followed by a state if it decides that it has to intercept a civil aircraft. Those actions do not include the use of weapons.
The International Civil Aviation Organisation (ICAO) Council adopted a resolution on 6th March directing the Secretary General of ICAO to initiate immediately an investigation of the incident in its entirety to determine all relevant facts and technical aspects in accordance with the United Nations Security Council Presidential Statement.
§ Lord Kennetasked Her Majesty's Government:
Whether they knew of two previous incursions in the morning of 24th February (reported by the Cuban Press Agency, SWB AL/2546 L/1+) by aircraft belonging to the Miami-based Cuban emigré organisation, Brothers to the Rescue (see SWB AL/2545 L/8 and SWB AL/2547 L/6.7), which were then (according to the Cuban authorities) warned not to enter Cuban airspace, but (according to the Cuban authorities) returned to do so, when the two were shot down; or of several earlier incursions by Brothers to the Rescue, of which the United States authorities had been informed.
§ Baroness Chalker of WallaseyHer Majesty's Government were aware that incursions, both on the morning of 24th February and on earlier occasions, had been reported in the US and Cuban press. However, we have had no independent information to substantiate these reports.
§ Lord Kennetasked Her Majesty's Government:
Whether they welcome President Clinton's orders to the Miami-based Cuban exiles, intend to approach Cuba to protest on Saturday 2nd March, not to enter Cuban airspace or waters, and his decision to order the United States Coastguard to accompany them on their protest flight.
§ Baroness Chalker of WallaseyHer Majesty's Government support calls for moderation and restraint from all involved in the handling of this matter.
The deployment of the United States Coastguard is a matter entirely for the United States authorities.
§ Lord Kennetasked Her Majesty's Government:
Whether they discount Cuban reports that the United States Coastguard immediately asked, and was granted permission to search Cuban territorial waters for remains of the aircraft, which the United States later claimed had been shot down in international waters in which, on a later search, the coastguard found no remains (SWB AL/2547 L/5).
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§ Baroness Chalker of WallaseyHer Majesty's Government are not in a position either to substantiate or discount such reports, but strongly supported the statement by the President of the Security Council requesting that the International Civil Aviation Organisation (ICAO) investigate this incident in its entirety. A resolution to this effect was adopted by the ICAO Council on 6th March.
§ Lord Kennetasked Her Majesty's Government:
Whether it was at the insistence of Mrs. Albright, United States Ambassador to the United Nations Security Council and its President for the month of February, that the Security Council issued a Declaration (S/PRST/1996/9) on the shooting down of two Cessna aircraft by the Cuban authorities on 24th February; whether they were aware that the Cuban foreign minister was not granted a visa by the United States authorities to enter the United States to provide the United Nations Security Council with the Cuban authorities' account of events until an hour after the Security Council had issued its declaration (SWB AL/2546 L/1+); and whether they concurred in these actions.
§ Baroness Chalker of WallaseyPresidential statements require the concurrence of all 15 members of the Security Council. Her Majesty's Government supported the issuing of a statement by the President of the Council strongly deploring the shooting down by the Cuban airforce of two civil aircraft on 24th February.
The question of a visa to allow the Cuban Foreign Minister to enter the United States is a matter for the United States authorities. However, the Cuban Permanent Representative to the United Nations addressed the formal session of the Security Council on 27th February before the Presidential statement was issued.