Brendan Whyte wrote:
> According to the BBC documentary series 'frontiers', both the book and TV
> series, the islands (Conference) is administered for 6months by each
> country, which does the garening on it. There was footage of a boat going
> over to garden, watch ed by the narrator.
> That programme is now 10 years old i think??
> Brendan
The problem was which country was going to take people to court that commit an offense on the
island. The following information is entirely based on the article by Descheemaeker:
On May 21st, 1877, five young girls from Hendaye were arrested while on the island by the border
post commander of Behobia (Spanish side). The incident was rapidly closed, but brought to the
surface the differences between France and Spain on this issue. The French said that any trespasser
should be tried by his/her own court, in the above-mentioned case this would be in France. The
Spanish side wanted an alternating calender according to which each side would take turns in
jurisdiction. That same year there was another incident, in which the Spanish prevented a landing by
long-boats from the French canon boat l'Epieu on the island.
The French opinion on the matter would inevitably bring about a problem in case the delinquent was
of a third country, of course. So in essence the Spanish solution was adopted in a Franco-Spanish
Convention (March 27, 1901), in which it is stated (article 1) that the right of policing the island
is exercised alternatively by Spain and by France, in six months' periods. The French point of view
is nevertheless still present (art. 2), where the infractors, if they are French or Spanish, should
be tried in the courts of their respective home country. Anyone from another country will be tried
in the country that has the policing rights at the time of the offense (art. 3). In art. 4 it is
explicitely stated that anyone that has to be extradited on the grounds of art. 2 and 3 should be
turned over immediately and without formalities (so the extradition treaty in force is circumvented
here) to the other side.
The policing right is explained by Descheemaeker as comprising: 1. Surveillance of the island; 2.
Persecution of delinquents; 3. Prevention of smuggling. I think that, given the tininess of the
island and the real hot issue of smuggling in those days, that the smuggling issue was really the
important one. After all, what 'criminal' would go to something about 130 metres long and 30 metres
wide to commit any other crime than smuggling? Still, you can't be cautious enough.....
According to the treaty of Bayonne, the maintenance (gardening, reinforcement against flooding,
etc.) had to be paid equally by Spain and France. The actual works are probably not done jointly
(they probably just send a bill). It is interesting that in 1859 the island, which was rapidly
getting smaller, was explicitely mentioned in the treaty, as well as the maintenance of it, and that
two years later it was virtually saved from disparition by major works, costing 20 000 francs, by
the chief engineer of the departement (Lower Pyrenees, nowadays Atlantic Pyrenees). The island was
at that time only 80 m long and 5 m wide! So the island was considered to be very important, the
importance being the highly symbolical value of the island. It was, as it were, considered to be a
boundary marker on it's own.
Concluding the maintenance works, a monument was placed on the island, with an inscription in French
and Spanish:
In remembrance of the conferences of MDCLIX, through which Philip IV and Louis XIV, by joyous
alliance, put an end to a long war between the two nations; Elisabeth II, Queen of the Spains, and
Napoleon III, Emperor of the French, have re-established this island in the year MDCCCLXI.
Peter