Three Islands Issue

During 1999 the Government of the UAE has sought, with considerable success, to consolidate international support for its continuing diplomatic efforts to resolve the Iranian occupation in 1971 of the three islands of Greater and Lesser Tunb and Abu Musa.

While the UAE, like other member states of the AGCC, seeks to develop bilateral economic and political links with Iran, there is a clearly defined and agreed policy, both in the UAE and at the AGCC level, that such development will not take place at the expense of the UAE's sovereignty over the islands.

It is now 28 years since Iran forcibly seized Greater and Lesser Tunb on the night of 30 November 1971. At that time, a Memorandum of Understanding was signed between Iran and Sharjah, to allow for both to administer part of the island of Abu Musa, without prejudice to their continuing claims of sovereignty. Since then and most particularly since 1994, Iran has continually been in breach of the terms of the Memorandum of Understanding, interfering with free access, building military installations and placing military equipment on the island and moving in settlers whose presence has demonstrably and significantly altered the demographic structure of the population of Abu Musa. It has also, in contravention of the Memorandum of Understanding, imposed its control over areas of Abu Musa which were reserved under the agreement to Sharjah.

UAE suggestions for resolution

The Government of the UAE has consistently reaffirmed its right to sovereignty over the islands, protesting at the military occupation and subsequent fortification of the Tunbs and at the overt breach of the terms of the Memorandum of Understanding on Abu Musa. At the same time, while continuing to assert its sovereignty over the islands, the UAE has offered two suggestions to Iran as ways of seeking to find a solution to the political impasse.

The first is for the two parties to engage in direct bilateral discussions on the resolution of issues arising out of the Iranian occupation of the three islands, including both the proper implementation of the terms of the Memorandum of Understanding on Abu Musa and the broader, but related, question of sovereignty. The UAE has set no preconditions on the offer to hold such discussions, apart from stating the necessity of laying down a fixed time limit for their conclusion. The second option is for the issue of sovereignty to be submitted to international arbitration or referred to the International Court of Justice (ICJ) in The Hague, the UAE agreeing to be bound in advance to accept any ruling made by the Court.

The Government of Iran has rejected both options. Since the ICJ can only exercise its jurisdiction if both parties agree to referral of a dispute, this effectively means that Iran has rejected the good offices of the world's primary legal body, which would examine in detail any documentation put forward by the parties. The refusal of Iran to agree to a process which would require the submission of legal documentation must, inevitably, cast doubt on the legal validity of its claims.

The Government of Iran has agreed to enter into bilateral discussions and has said that these would be without preconditions. At the same time, Iranian officials have refused to discuss the question of sovereignty over the three islands, referring only to the need to resolve 'misunderstandings'. Frequent Iranian statements have reaffirmed claim to sovereignty over the islands, refusing in particular to enter into any discussion with relation to Greater and Lesser Tunb.

While, in the opinion of the Government of the UAE, its claim to sovereignty over the islands is fully justified, it is willing to allow the issue to be settled through bilateral discussions, through international arbitration, or by the ICJ, and is prepared to submit documentation to be evaluated within the framework of international law.

For more information, maps and documents:

http://www.emirates-islands.org.ae/